The Burlington weekly hawk-eye. [volume] (Burlington [Iowa]) 1860-1876, 1865-03-18

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jsuch volunteer, or in case Of draft, as here
j1nafter provided, any substitute, shall b
Icreditsd to the town." &c. Congress mean
that The credit should be given according
Iof Sd March, 1863. ea sfe @s44J Il .S.5lfr
The whole prEpoSe OF the Cd section o.
the amendatOry ACT was e, enable the Pres.
ident to eQualize the draft Id the several
Districts, surely not to have one mode o1
countin ascerta aiming the quotas OF the sew.
erAl States and districts, and another mode
fog squaNzing the Districts. BESIDES. It Is
would THUS incidentally strike from SO ilae
pcrsant . statute a:Ssatnrss SO prominent and
equitable ha6aas;s 3.,,t 9..e,fs(. ~.
81 am, Therefore, OF the opinion that the
node of agcertaining and assigning 20
States and districts their respective
quotas, as prescribed in the 18th sectiop
of.she act Of the Sd July, 1868 is not repeal
edS and that the same mode must be pur.
sued in eGualizing the draft among the
sub. divisions:.o of each distract. aI1sS Id
mode of count prescribed in the 18th Sec
ton Of the act Of Sd March, 1868? 53o at-.5
+, i is very plain that Congress regarded
that q consideration OF the period of service
would change the rule: from merely nu-
nerical one. Some credit was to be given
for the period OF service d well ae for the
man. Congress has dxed various periods
OF services, and 6tate0s and districts, and
fractions Of districts, bad, furnished men
for those periods Of service. Now how 10
Before proceeding to answer the ques.
ton, 10 may b proper to state, that it 10 in.
sisted that the woyds period of time" and
time Of service. !, as used in the 18th Sec
ton Of the at Of March 3, 1863, mean some.
thing different from term of service. It
seems to me that the phrases mean one and
the same thing. When the word term is
used in reference to time, it is, according
TO the photographers, very nearly the syn
onym OF period. The difference betwixt
them, IT any, 10 too uncertain and shadowy
TO believe that Congress meant by the use
OF one. something different from what is
understood by the other. But the words
period and term, both occur. in after parts
OF the acts now under consideration. In
the 18th section of the act of 1863, the term
OF service is spoken OF, and the term of re-
enlistment, whilst ID the 7th section of the
amended act, it is the period for which be
shall nave enlisted, and the period for
which he shall have been drafted. Thus It
will De perceived, that upon the very face
Of these acts, Congress used these words az
meaning the same thing. 1t happens too
in the act that neither word may De used
and YET the same. idea intended, as in the
Sth section Of the amended act, where the
Language il s'shall 20 credited by his ser.
vices." 81 III stss3t6s,s.S -
Regarding then period OF service" and
term Of SERVICE as meaning the same
thing, any argu Rent predicated upon q
difference must be disregarded. And thus
we are brought back to the question, how
10 the credit TO be given I? N ust the credit
De tor the time Of actual service, or the Pc
Rod Of enlistment? : 's'''ss' :
think that Congress intenaed BY the
words "pefi6d Of service, :, to give credit
for the time of his enlistment. When q
man enlistg in the service Of the Govern
ment for one, twosor three year,. shis SER
vices are due TO the Govsrnmsnt for that
period, and during that period his services
are WITHDRAWN form the industrial pursuits
OF life. The act speaks 40 though there was
2 certain ind fixed period for the services
of each man, and Yet. ii any period or time
is tAAsn, other than the term Of enlistment.
by seine system Of averages or guesses, 4
rule must be fixed. 70 do 20 would. violate;
the certainty contem plated by the act. ~
n am, therefore, Of the opinion that, the
President must, under the act, give credit
BY the whole period or term for which the
man enlisted. I - fafae In - sss-1 ID
Whether this is the rule which should
does not operate unequally, and whether
it is exactly just or not. are guestionsithata
cannot be considered. u is familiar to al
that special cases Of hardship viii occur by
the application Of any general rule. never.
theless the Law, asVwfitten, must b pursu-
ed and enforced. Very respectfully, your
a,s1e JAMES SPEED,
To the President. efa Atty General.