Bedford inquirer. [volume] (Bedford, Pa.) 1857-1884, 1865-03-17


mode Of eonnt prescribed In the original Act would be
preserved.
There many evidences uoon the ace Of the amend
atory Act which ahop that Il was not the intention Of
Congress to change the Of count prescribed in the
original Act.
The amended Aet does not undertake to say how the
quota Of State District is be ascertained Tn as
eeraining what number is due from State or District
the President pursue the mode prescribed in the
18th section Of the original Acthe must take into con-
sideraton the period service and yet under the con-
struction insisted upon when he equalixe the
draft as authorized to do by the amended Act in the
Districts he be controlled by simple numbers 1t
cannot be that Congress intended mode Of count for
the States and Districts and different and wholly in
consistent one for the divisions of the Districts In
extricable confusion would result.
From the language used in various parts Of the amend
atory act evident that Congress did not intend to
disturb the mode Of prescribed the original act
For instance in the sth section the amcndatory act
is said that the town. ward township shall be ereted
by hts Services and in the 7th section he period for
which he shall have been drafted all going TO show that
tiihe service held be element the count
Nor do think that the argument in favor Of the repeal
aided by the language of the lst section of the act
titled aAn further regulate and provide for the
calling of the national forces, approved 9th July,
1854 The says that "sny such volunteer in
Of draft hereinafter provided any substitute shall be
credited to the dc. Congress meant that the cred
should be given according to the mode of count pre-
scribed in the act of Sd March, 1863
The whole purpose of the I'd section the amendatory
to enable the President equaze the draft in
the several districts surely have mode of count
IN asceraning the quotas of the several States and dis
trcts and another mode for equazng the districts Be
Sides it is hardly be considered that Congress would
thus incidentally strike from important stature fea-
ture prominent and equitable
am therefore, the opinion that the mode of ascer-
tanning and assigning States and districts their respec-
tive quotas prescribed in the 18th section of the act Of
the Sd July 1863 not repealed and that the mode
be pursued in equalzing the draft among the sub
divisions Of each district.
Next the question, what is the mode of count
prescribed in the 18th section of the Sd March, 1883!
1t very plain that Congress regarded that consider
alton of the period of service would change the rule
merely numerical Some credit was to be given
the period of service as well for the Congress
has fixed various periods of service and States and dis
trics and fractions Of districts had furnished men,
these periods of service. Now how the credit to be
given?
Before proceeding to the question; il may be
proper state, that is insisted that the words "period
of time and slime of SERVICE used in the 18th section
of the act of March 3, 1863 something different
from term Of serrice 1t that the phrases
mean and the same thing When the word term is
used in reference tme is according to the lexco.
grapbers very nearly the synonym ef period The diff
ference bewix them; if any, uncertain and shad-
owy to believe that Congress meant by the Of
something different from what is understood by the 9TH
But the words period and term, both in after
parts Of the acts under consideration. In the 18th
section of the 1885, the term of service is spoken
and the of reinlistment whilst the 18th section
the amendment act it is the period for which he shall
have enlisted and the period for which he shall have
been drafted Thus it win be perceived that upon thu
very face of these acts Congress used the words
ing the thing It happens to in the act that nei
ther word may be used and the idea intended
the sth section Of the amended act where the language
''shall be credited by his services
Regarding then "perod of service" and "term of ser
vice. meaning the thing, any argument prcdica
ted upon difference be disregarded. And thus
brought back the question: how is the credit b
given? Must the credit be for the time actual servie,
or the period of enlistment?
think that Congress intended by the words 'period
service give credit for the his enlistment
When ensts in the service of the Government fo
two three years. his services due the Gov
erneht Tor that PERIOD ana during hat period his
vices Withheld from the industrial pursuits of fe Tn,
act speaks though there certain and fixed period
for the services Of each man. and yet if any period OIL
time is taken, other than the enlistment by som,
system Of averages orguesses, rule be fixed tt
do so would yiolate the certainty contemplated by th
act.
am therefore, of the opinion that the President mus st
under the act give credit by the period or term fol
which the mar enlisted.
Whether this is the rule which should have been adop
ted by Congress whether it does operate unequaIly
and whether it is exactly just not are questions thai
cannot be considered is familiar to all that spe
cal eases oharhp viii by the application of anJ
general rule nevertheless the law written, must b
pursued and enforced Very respectfully your obeden
servant JAMES SPEED, Attorney Genl
10 TIE President. tmar17It)
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