Delaware gazette. [volume] (Delaware, Ohio) 1855-1886, 1865-03-24

Calculation necessary to determine the number OF men
due IRON s5te % sscton Of ne S 4t a9 DeeS %
the Enrolment Act, approved Gath February, 1854.
II will be convenient To consider these ques
tons in the reverse order inasmuch If 1t shall be
found that the repeal has been made, contended
for the first point made by the Governor need not be
The great objects of the Enrolment Act are:
1st To declare who shall constitute the national
forces and
End To organize plan by which the national forces
subordipate to the purpose Of raising organizing
| the national forces. the plan adopted by Congress
laiion of the several States. and the communities
thereof, should he equalzed nearly as practicable
BY the 4th section Of the Act Of the Sd of March,
1853 the United States divided into districts. Of
which the District of Columbia shall constitute
one or more President shall direct, and each
Congressional District Of the respective States, as
fixed by law Of the State next preceding the enroll
mept shall constitute The 8th section provides,
that there shall be Board Of Enrolment in each Dis
Board OF Fnroilment shall deem 1t necessary, Dis
may be divided into two, and, with the assent Of
the Secretary Of War INTO any greaer number Of Sub
By the 10Th section it made the duty of the Presi-
dent in assigning to the Districts the number OF men
be furnished therefro to take into consideration
the number OF volunteers and militia furnished by
and from the several States in which said Districts are
situated and the period Of their service since the
commencement of the present rebellion and shall SO
among Districts OF the several States, considering
and allow ing for the numt eTs already furnished
aforesaid, and the time Of their service.
tits evident from the face Of this Act, that the
States and Districts had furnished number
of volunteers and matia and for periods OF service
The 6rst duty Of the President was IN have the
nnaI fsrces enrolled; his next duty to ascertain
what number OF volunteers and militia hal been fur
nisbed from the veTal states, and the periods OF
their service since the commencement of the present
rebellion and then from what Districts in the several
States they came, that he might equaze the numbers
among the Districts of the several States considering
and allowing for the numbers already furnished as
aforesaid and the time Of their service. Under the
Act Of the Sd OF March. 1861 it is plain that he had
no right and power to cut up District INTO counties,
townships, precincts, or wards, in order to equalze
the draft therein. The authority given in the 9th
tion TO sub-dvide district for the purpose facia
ting expe1itlng the enrolment, and with refer
pen many DISTRICTS that wol defined portion Of
District, a county township ward, had furnish
whilst other parts of the District, equally we'll
defined, had furnished few or none, thereby making
draft upon the District necessary; and yet, under
the Act, it not IN the power of the Presidentto
make the draft otherwise than equal over the whole
District This unjust and oppressive In order
correct this fragrant hardship and injustice Con-
Srrss by the ID section OF the Act OF 24tn February
1884 and which is in amendment of the Act OF Of
March, 1858 declare that the quota of each ward OF
the city, town, township precinct, or eiectIon dis
trict, OF county, where the county is divided
into wards towns, townships, precincts election
districts, shall be, nearly possible, in proportion
the number OF men resident therein liable to mill
tary service, taking into account far pracucable
the number which has been previously furnished
LherefrOm.
It is earnestly insisted and most ngeniousIy arzu
ed. that this second section Of the amended Act re-
pcals much of the 18th section OF the Of the al
Of March, 1863 makes it the duty OF the President
70 tske into consideration the period Of service
volunteers and militia from the several Ststes
argument in favor Of the repeal rests wholly upon the
words of the amendatory Act-'Fthe numJev which has
been previously furnished thereTOm." i is insisted
that number, - here used an aFfthmettcaI
count. I cannot understand it
The Act of the Sd of March. 1854, had prescribed a
mode by which the number or men due from The sev
.raI States and the Districts of the several s,s,e
should be ascertained and tina. mode required not a
simple count but consideration Of the period Of ser
vice men previously furnished Congress used The
ylTd nUnseT in the I'd section of amendatory Act
understanding that the mode Of count prescribed 10
the original Act would be preserved.
There are many evidences tha face Of tbs
imendatory Act which show that it the nteu-
lion of Congress TO change the mode of prcscri
bed in the original Act.
The amended Act does not undertake to say how the
quota Of State or District is TO be ascerained In
ascerialning what number is due from state or Dis
trct the President must pursue the mode prescribed
n the 18th section Of the original Act he nnst toEe
consideration Dc of scrvice and vel pnder
the construction insisted upon, when he comes 20
quaze the draft as authorized to do by the amend
I'd Act, in tie Districts, he must be controlled nv
simple numbers. II cannot be that Congress nt.nisd
me ode Of count for the States and Districts and
visions Of Districts Inextricable confusion re.
From the language used in various parts OF the
tmendaiory act, 1t is evident that Congress did not
tend 10 disturb the mode OF prescribed in th
original For instance, in the sIh section of the
In,endatory act, it is said that the town, ward or
township shall be credited by his SERVICE and in the
7tb section, "the period for which he shall have been
nlsted, p and ''the period which he shall have
heen drafted all going to show that the time Of
vice was held to be an element in the count.
Nor do think that the argument in favor of the
~epeal aided by the he Ist section
be act, entitled 'An further regulate and pro
VIDE Tor the Gaining out of the national
ed 4th OF July, 1854. The act Fays, that "aDy such
volunteer or in case OF draft hereinafter provided
my substitute shall be credited to the 70 wn,' &c
g to the mode of count prescribed in the act Of Sd
Ihe whole purpose of the I'd section of the amenda
tory act was to enable the President 70 eauazs the
draft in the several DISTRICTS surely not 10 nave one
1ooe OF count IN ascertannR the quotas Of the
81 States and DISTRICTS and another mode equaliznR
he districts Besides IL is hardly be considered
that Congress would thus incidentally strike from 80
important statute feature prominent equitable
am, therefore, of the opinion that the mode as.
eTIahng ana assigning TO states and districts their
esPtctve quotas as prescribed in the 12ih section
that the mode must be pursued in equa izbg tbs
raft among the subdivisions Of each district.
Next comes the quef tOn, what 10 the mode Of count
Prescribed in the 18th section the Act Of Sd March
Il s very plain that Congress regarded that a oon
'deraton Of the period OF service would change the
uie rom merely numerical one. Some credit was
" be given for the period OF well as for the
men. Congress has fixed various periods OF service
lnd States and districts and fractions Of districts
iad furnished men for those periods service Now
SOW IS the credit to be given?
proper to state, that it is insisted the words
periods OF tme,' and ''time of service" as used in
he 18th section OF the act OF March 81, 1865 mean
umethng different tern Of service'' Il seems
q me that the phrases mean one and the same thing
When the fes m is usec in reference 20 time n
ccording the lexicographers very nearly the svn
nym Of peTIOd. The difference betwixt them, il any
too uncertain shadowy &C believe that Con9r,s
meant by The use Of Que, something different from
sha is understood by the other But the period
term, both occur in after parts acts now up
Ter consideration. In the 18th section Of the act OF
a63, the term of serv .ce is spoken the term
I Tt-t nlistment, whist in the 7th ctlon Of the
mel ded act, it is the period for which shall have
nlisted, and the perOd for which shall have been
Taiied. Thus will b. perceived, that upon very
ace OF these acts, Congress used these words -
meaning the same thing 1t happens in the aci
hat neither word may be used yet the same idea
lIended, as in the SIh section the amended act
here the Language is, "shAn be credited hia ser,
ices"
Regarding, .hen, period Of service and Wteru Of
eTvlce," RS meaLinR the same thing sny argument
Te0tcaIed upon difference must be dIsregarded =
ud thus We are brought back TO the question how il
he credit to be RiveL2 Must the credit be Tor the
me Of actual service, the period Of enlistment
service, TO give credit for the time of his enlist
lent. When man eniistb IN the service OF the Gov
nment Tor one, two three years, his services are
ue to the Governments Tor that period, and during
rat PERIOD his services Withdrawn from the in
lstrIa pursuits Of lie. Tie speaks as though
ere a certain and nXed period Tor tho services
each man, and yet If any period time is taken
'eIRges OF guesses, rule must be fixed To do So
Ould violate the Certainty contemplated by the act
am, therefore, OF the opinion that the President
OEt, under the act, give credit by the whole period
term for which the man enlisted.
v helher thus the rule which should have bas,
opted by Congress, whether il does crate uu-
lHlly and whether il is exactly Just or rot are
to ALL that special cases OF hardship will occur by
application Of any general rule, nevertheless the
+, AS written, must be pursued aud eniOl eed
iery respectfully, your obedient servant,
(Sgned) JAMES SPEED,
Attorney q, neral,
o tho FREsioEhT mar. Alt