Prescott journal. [volume] (Prescott, Wis.) 1861-1871, 1865-04-08

| " County, where tue county - Dut uitlu
ed into wards, towns, townships. precin /
! ar election districts. shall be. a, nearly n
possible. in proportion To the number o
men resident therein Liable to miIitar,
service, taking into account, ss far a:
! practicable. the number which has beer
previously furnished thereirom.
| 1t is earnestly Insisted and ,iost ingen
iou'ly nrgu,'f. that this End section al
the amended! Act r,paaIs 81 much of the
2;h section of The Act Of March 81
1863, as m.kes it the duty ofthe Presi
dent Ia take into cons derat % the period
of service of the volunteers aad militia ri
the several Sites The Argument IN ia
vor of the repeal rests wholly upon the
words at thu amsnistory Act Tho nun,
Der which, has been previously furnished
th-rctrom." Ii is insisted that number
"a here nsed means an arithmy tcal count.
cauEot 81 understand H..
Tks Act Of the 81 q: March. 1863.
had prescribed a mode by which the
number Of men due from the several
States. and The Districts cf the several
States. should lie ascrrtaine,l; aud that
mode required, not smIAc count, but n
consideration of the period Of service OF
men previously furnished Congress us
vi the word aum6>r in tho second acc
ton os the snl-ndstn,y At. understand
Ing that the mods Of cont presc, lbed III
lie original Act y ,ud be preserved.
There sre many evidences upon the
face Of the Ainsndatov Act which show
thst II wa not the intention OF Congress
to change the mode Of count prsscrIbe:
IN the original Act.
The amended Act doe not undertake
{" SAY how the quota ola State ar Distri CT
is Ia be ascertaned. L. asccrta nny bat
number is dne from, State or District.
The President must l.GI>tIe tie mode PIE
scribtd the l2th section of the orlgi
NIL Act-he must take into considera-
ton the perial Of service; and vet, I'm Ter
the Construction insisted upon, when he
comes Il eIralIzv the daft, as suthoriz
sd IL do bv tho amended Act, In the
Districts, he must he controlled lay sim
pie numbers. Ii cannot be that Congress
intended one M ME of count for the States
AMI districts. and ditfsreu' aud wholly
inconsistent one for the sub divisions IF
Districts. lnex,rcsble confusion would
result
From tho iaugnage used in various
parts at the amenintory act, it il evident
that Congrsss did not disturb the
mode OF com; prescribed ia the uriginai
act. For instance, IN the Sill section Of
the au,eudatory act, il is sail that the
town, ward or township shall be credited
by has serpices;. and IN the Eth sec,Icn
'the period for which he shni have been
enlisted, and ''Ihe period for which h.
shall have been drafted" nil gong To
show that time Of service Was held TO be
an olement in tile mt.
Nor DO | think that the argument in
favor OF til" repeal is aided hy the Ian
guage of HE hrst section Of the act Zen
titled IAN Act fny,h,r To regulate aud
provide for the calling out the national
forces" approved Jn.y 4lh, 1864. The
ret says, that "any such volunteer. or in
case "fdrnit, SIS hereinafter provided. a
substitute, shall he credited TO the town"
dc. Congress meant that the credit
should he given according to the mode
prescribed in the act OF March 81, 1868:
he whole purpose of the 2nd section
of the amendniory set was to enable the
President 10 equaiizs the draft in ths sew
eral districts, surely not to have one
mode Of count in ascerlaining the quotas
Of the several States and districts, and
an 'ther mode for equaiziug the districts.
Besides, is hard,Y To he considered that
Congress would thus incidentally strike
from s. Important tatute q feature SD
prominent and equitsbIe.
! am. therefore, of thu opinion that
The m de of a,cerihin ng aud assigning
10 States and districts their respec. TIVE
quotas, as prescribed IN the 18th section
oi he act of July II. 1868 is not repeal.
ell, ard that the saine mode must b.
pursue'! in equaIiziig the draft among
the sub divisions of each district.
Next GENES the question, what is the
mode o! count prescribe! in the 18th sec
ton of the act of March 81, 1855
1t is worry plain that Congress regard
rd that a consideration Of the period Of
service would change the rule from mere
" numerical one. Some credit was 10
be- gwen for the period of service as we'll
ms for the man. Congress has fixed va
ripns periods of service. and States aud
districts, and fractions of districts, hal
furnished men for those periods If s,r.
Vica. Now how is the credit TO be Civ
rni
Before proceeding to answer the ques
ton, it may be proper To slate, that It is
insisted that the word ''periol oftime,"
AMI time If service IA used IN the
18th section of the act Of March 3. 1868.
mean something different from term Of
service. 1t seems to me that the Phrases
mean one ani the same thing When
The word term is used in reference e,
Time. il is. according To the lexicoyraph-
srs. very near The synonym of period
The difference betwixt them, if any. ia
too uncertain and shajowy to believe
that Congress meant bv the use Of one
different: from what is under
stool bv the other. But the words pc.
nod and term both occur in after parts Of
the acts under now consideration. In the
18th section Of the act Of 1863, the term
Of servics is spoken of, and the term Of