St. Cloud Democrat. [volume] (Saint Cloud, Stearns County, Minn.) 1858-1866, 1865-04-06
Opinion.
Opinion.
ATTORNEY GENERAL's OrrICE, !
:... March Is, 1865.

ATTORNEY GxNERAL's OrrlcE,
., .-. go. ., March Is, 1866.
Hon Earin II. Stanton, Secretary Of Var:
SlR: In your letter of the llth Of March,
you ask ME whether, under the Act of Con-
gress entitled IAN Act to amend The several
Acts heret ofore passed to provide for the
enrolling and calling out the national for
ccs, and for other purposes, approved
Sd March. 1865, the Provost Marshal Cen
cral is required to change the present quo
tas in the pending draft by reason of COR
rections in the enrolment, made since their
assignment.
In the 18th section Of the Act, it is en-
acted, THAT where any revised enrolment
in any Congressional or draft district has
been obtained or made, prior to any actual
drawing Of names from tic enrolment lists,
the quota of such district may be adjns,e ed
and apportioned to suchrevised enrolment,
instead of being applied to or based upon
the enrolment, as it may have TODD before
the revision.''
1t will be perceived that the language of
this section is in the past tense, and prop
erly 50. though referring to future anil ex-,
listing enrollments: An enrolment must
1t was. therefore, right to speak of the en-
rollment MS n pas. fact-as something that
had been done. Regarding the section by
ITSELF anu as unaffected by other clauses in
the statute, it applies as we'll to any fu' ure,
as to an existing crro'ment
But at tie time Of the enactment, there
WAS an enrolment md pending draft .un-
der u call for additional troops, and this
appears from tie provisos 20 the 18th and
2Hh sections it is provided in the 10th
section, that the rule of credits fixed there
in shall not apply to the pending call and
in the 9th section it IS .'Providcd, That
nothing herein contained shall operate 10
postpone the pending draft or interfere
with the quotas assigned therefor" .-~...
Neither Of these provisions can be con-
sitlered as repngnant to the 18th section.
They d, nothing more than prevent = con-
struction of the Act that would change the
rule Of credits as to the pending draft, or
that would postT one it., or that would Inter-
fere with the quotas assigned therefor
Indeed, Congress has. by implication de-
clarcl that the Quota assigned for the pres
cnt or pending draft shall not be interfered
with. This could have been done in the
enacting part.of the statute, but may be as
well and APPLY done by proviso. =. :,
Now, If the corrections provided for in
the 18th section are made 10 apply TO the
present draft, the quotas as assigned there
for will be intcrfc: ell with. This is what
Congress has said shall not he done. After
the pending draft, the provisos will have
performed their office, and all future drafts
must be made subjec. to the rules prescrib-
ed in the Act 49,, 80. : ~ 81 : + ~. =.
Il am, therefore, of the opinion. that the
Provost Marshal General is not required to
change the present quotas in the pending
draft by reason Of corrections in the en-
rollmcnt. made since their assignment.
IA. an. Sir, very respectfully, "
.... Your obedient servant, =,
JAMES SPEED,
~. :. Attorney General.
(Official copy.) :'... ..--..~ 10 p }..as -
! Jxo. +. AvERlLL,
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