The Wyandot pioneer. (Upper Sandusky, Ohio) 1853-1868, 1865-03-22


act repeaIs so much OF the 18th sectioH Of the
act of the Sd March, 1863, as makes it the duty
of the President to take into consideration the
period OF service of the volunteers and militia
from the several states. The argument in tavol
of the repeal rests wholly upon the words OF
the amendatorv act" the numbers which has
been previously furnished therefrom.",
It is insisted that number as here used
means an arithmetical count. | can not so
understand it. .
The act of the Sd of March, 1863, had pre-
scribed mode by which the number of men
due from the several states, and the districts OF
the several states, should be ascertained, and
that mode required not simple count, but a
consideration of the period OF service OF men
previously furnished,
Congress used the ,DOrd number in the I'd sec
ton of the amendatory act, understanding that
the mode of count prescribed i'll the original
act would be preserved.
There are many evidences upon the face of
the amendatory act which show that it was not
the intention of Congress TO change the mode
count prescribed In the original act
The amended act does not undertake to say
how the quota Of n state or district is TO be
ascerained. In asceltaining what number is
due from state or district, the President must
pursue the mode prescribed in the 18th section
of the original act he must take into consider
alton the period of service; and yet, under the
construction insisted upon, when he comes to
equalize the draft, as authorized to do by the
amended act in the districts he must be con
trolled by simple numbers,
1t can not be that Congress intended one
mode of count for the states and districts, and
another wholly inconsistent one for the sub
divisions of districts.
Inextricable confusion would be the result.
From the language Used, in various parts Of
the amendatory act, it Is evident that Congress
did not intend to disturb the mode of count
prescribed in the original act. For instance
in the 9Th section of the amendatory act it is
said that the town, ward or township shall be
credited by HIS services, and in the 7th section
" the period for which he shall hure eulstaj.'
and (" the period for which he shah have been
drafted > all going TO show that The time Of
service WAS held to be an elemen in the count
Nor do think that the argument in favor Of
the repeal is aided by the langtagc Of the Isl
section of the act, entitled can act TO further
regulate and provide for calling out the ma.
tional torces," approved 4th July, 1864 The
act says that "any such volunteer, or in case
of draft, as hereinafter provided, any substitute
shall be credl ted to the town." etc. Congress
meant that the credit should be given accord
ing to the mode of count prescribed in the act
of March g. 1868.
The purpose of the Cd section of the amenda-
tory act was to enable the President to equal
izc the draft in the several districts surely not
to have one mode Of count in ascertaining the
quotas Of the states and DISTRICTS and another
mode for equalizing the districts.
Besides, it is hardly to be considered thrt
Congress would thus incidentally strike from so
important q statute feature so prominent and
equitable.
l am therefore of the opinion that the mode
of asccrtaining and assigning to states and dis
trcts their respective quotas, as prescribed in
the 18th section of the act of Sd July, 1863, is
not repealed, and that the same mode pursued
in equaizing the draft among the subdivisions
of each district.
Next comes the question, What is the mode
of count prescribed in the 18th section of the
act of Sd March, 1853?
1t is very plain that Congress regarded that
a consideration of the period of service would
change the rule from merely numerical one
Some credit was to lie given for the period of
service as well as for the man. Congress has
fined various periods of service, and states and
districts and fractions of districts had furnished
men for those periods Of service.
Now, how is the credit to be given
Before proceeding to answer the question, it
may be proper to state, that it is insisted the
words "period of time" and :" time of SERVICE"
as used in the 18th section of the act of March
3, 1863, mean something different from STERN
Of service"
II 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 lexcog
raphers, very nearly the synonym of period.
Al.