Sunbury American. [volume] (Sunbury, Pa.) 1848-1879, 1865-03-25
OPINION.
ATTORNEY GENEnAb's OFFICE,

OPINION.
ATTORNEY GESEnAb's OFFICE,
February 3, 1865.
SrR:-In your letter of the 2Sth January, you ask
my opinion on the legal points presented in the
letter of Governor A. g. Curtin to you, of date the
Governor Curtin's letter is in relation to the
construction of the Act Of Congress, approved
Sd March, 1868, commonly called the Enrolment
lst. That the words "pcriod of scrvice,' since
the mmenccment of the rebellion, as used in the
18th section Of the Act, do not require the President
in assigning the quotas to the several States TO take
into consideration the whole term of enlistment Of
the volunteer and militia men; and
I'd. That that part OF the Act of the 81 Of March,
1853, which makes the period of service element
in the calculation necessary TO determine the number
of due ftoIna State, district, county town,
has been repealed by the 2d section of the Act
amendatory of the Enrolment Act, approved 24th
1t will bc moro convenient to consider these
questions in the reverse order, inasmuch as if it
shall be found that the repeal has been made, as
contended for, the first point made by the Governor
need not be considered.
The great objects of the Enrolment Act are:
1st. To declare who shall constitute the national
| forces; and
Cd. To organize q plan by which the national
| fore can be made available.
Subordinate 10 the purpose Of raising and organ
zing the national tcrccs, the plan adopted by Con-
cresS shows desire that the draft upon the ndusri.
al population of the several States, and the commu-
mites thereof, should be equazed as nearly us prac
| ticable.
By the 4th section of the Act of the Sd Of March
1863 the United States is divided into districts Of
which the District of Columbia shall constitute one
each Territory of the United States shall constitute
one more, as the President shall direct and each
Congressional District of the respective States, as
fixed by law of the State next preceding the enrol
ment, shall constitute Tho Sth section provides
that there shall be Board of Enrolment In each
District. BY the 9th section it is provided, that If
| ~ r .l,.TI
District may DC divided into two and, with the assent
of the Secretary Of War, into any greater number of
! Subdivisions
BY the 18th section it is made the duty Of the Pre-
! sident, in assigning to the Districts tho number of
men to be furnished horefroin, to take into consde-
ration the number Of volunteers and militia furnish
ed by and from the several States in which said Dis
trcls situated and the period of their service
since the commencement Of the present rebellion
and shall so make said sinment TO equalize the
numbers among the Districts Of the several States,
considering and allowing for the numbers already
furnished aforesaid, and the time of their service,
1t is evident FROM the face of this Act, that the
several States and Districts have furnished number
of volunteers and militia and for periods of service
The first duty Of the President was to have the
tona forces enrolled his next duty WAS to ascertain
what number otvoluneers and militia had bceu fur
Lishcd from the several States, and the periods OF
their service since the commencement OF the present
rebellion and them from what Districts in the seYe-
! raj States they came that he might equaliZc the
numbers among the Districts of the several States,
considering the allowing for the numbers already
furnished us aforesaid and the time of their service.
Under the Act of the Sd of March, 1853 it is plain
that he had right and power to cut up District
into counties, townships precincts or wards in order
to equase the draft therein. The authority given
in the 9th section TO snbyide District was tor tht
purpVso nsUllits'i-e s.i- .a'i-s the s,!rolment
and with reference to equalization. 1t might, and
doubtless did happen in many Districts, that wei
d. sued portion OF District, as n county, township
or wari. had furnished greatly more than the Bum
| bo, due IT, erefrom, whilst other parts OF tho sans
TG. Ti; cqu, Uy well defined, and furnished few ol
,' tto, 'eby IL liking draft upon the District ne
a.o,'o, uN't vet .'uder the Act it was not in thu
cesar M ana i; sicnt 20 make the draft othcrHis
power u 'he rre whC,e District This was uu
lust and oppreSsve Tn order to eqIreeI ms hagIGn
hardship and injustice, o.. IsIt ,rd Which ia il
amendment @ @ Of the Act Of q M. ch : dsclaTf
that the quota Of each ward Of city, rnty yer
precinct, or election district, or Of Ct, town
,''e county is not divided into wards, town, Near
ships precincts or election districts, shall be- rs
ly as pos bic, In proportion to the number OF MT.
resident the ein liable to military service, taking
INTO account MS SSr as practicable the number whicS
has been previously furnished therefrom.
1t is earnestly insisted, uo inost ibSehousiy argu-
ed, that this 2l section of tn, amended Act repeals
so much of the 18th section of the Act OF the ID of
March, 1863, makes it the duty OF the President
to take into consideration the period of OF the
volunteers and militia from the several States The
argument in favor of the repeal rest wholly upon he
words OF the amendatory Act" the number which
has previously furnished thereirom" 1t is insisted
that number" as here used, means an Grihmelical
count. l cannot SO understand ii.
The Act Of the Sd Of March, 1853, had prescribed
n mode by which the number Of men due from the
several States and the districts Of the several States
should be asoerained; and that mode required, not
simple count but consideration Of the period of
service of men previously furnished. Congress used
the word number in the ID section OF the amendatory
Act understanding that the mode Of count prescribe
in the original Act would be preserved.
tha F,,o - a.,
amendatory Act which show that it was not the in.
ention Of Congress to change the modo of count pre-
scribed in the original Act.
The amended Act does not undertake 10 sny how
the quota of State or District is to be ascertained
In ascertaining what number is due from a State or
District the President must pursue the mode pre-.
scribed in the l2th section OF the original Act-he
must take into consideration the period of seryiee
and yet, under the construction insisted upon when
he comes TO equalze the draft as authorized to do
by the amended Act, in the Districts, he must be
controlled by simple numbers. 1t cannot be that
Congress intended one mode of count for the States
and Districts, and different and wholly inconsis-
tent for the Subdivisions of Districts. Inextri
cable confusion would result
From the language used in various parts Of the
amendatory act it is evident that Congress did not
intend to disturb the mode ofcount prescribed in the
original act For instance, in the Sth section of the
amendatory act it is said that the town. ward or
township shall be credited by his services and in tho
9TH section, the period for which he shall have been
drafted all going to show that time of service was
held to be an element in the count.
Nor do think that the argument in favor of the |
repeal aided by the language of the st section of
the act entitled An act further to regulate and pro-
vide for the calling out of the nasonal forces ap
proved 4th July, 1854. The act says, that 'sany |
such volunteer, or in case of draft as hereinafter
provided, ary substitute shall be credited to the |
town" &c. Congress meant that the credit should |
be given according to the mode of count prescribed
in the act Of I'd March, 1863.
The whole purpose of the 2d section Of the amen
datory act was to enable the President to equali.e
the draft in the districts, surely not to have
one mode OF count in ascertaining the quotas of the
several States and districts and another mode for
equalizng the districts. Besides it is hardly to be
considered that Congress would thus incidentally
strike from SO important statute feature so pro-
minent and equitable.
am, therefore, of the opinion that the mode of
ascertaining and assigning to ..tates and districts
their respective quotas, prescribed in the 18th
section OF the actof the Sd july lS63 is not repealed
and that the same mode must be pursued in eaualiz
ing the draft among the subdivisions of each district
Next comes the question, what the mode Of count
1863? ~ = 80 -
IT is very plain that Congress regarded that oon
of the period of service would change the
rule from merely numerical one, Some ere Ait
was to be given for the period Of service well as
for the man, Congress- has fxad yarious nerioda "a