Daily Davenport Democrat. [volume] (Davenport, Iowa) 1864-1874, 1865-03-17

lumbiA shall constitute one, each territory
or the United States shall constitute one "
more. as the Pr sident shall direct, and each
Congressional district of the respective
States, as fixed bJA law Of the State next
preceding the enrolment, shall constitute
one he 9th section provides, that there
shall be Board Of Enrolment in each dis
IL the Board Of Enr0llmcnt shall deem Il
necessary. . district may be divided into
two. and, with the assent Of the Secretary 81
War, into any greater number of sub-div
sions.
by the 10th section il is made the duty
OF the President, in assigning to the districts
the number of men to he furnished there
from, TO take into consideration the mum
Der of volunteers and militia furnished by
and from the @nrot Stairs in which said
districts are situated, and the period of their
service since the commencement of the pres
ent rebellion aud shall so make said assign
mcnt rs To cqrmlizc the numbers among the
districts Of the several States, considering
and allowing for the numbers already fur.
nsllcd AS aforesaid and the time of their
service
1t is evident from the face Of this act that
the several States and districts had furnished
"a number of volunteers and militia and for
periods Of service.
The first duty Of the President was to
have the national forces enrolled his next
duty was W ascertain what number Of vol
untccrs and militin had been furnished from
the several States, and the periods of their
service since the commencement of the pres
cnt rebellion; and then, from what districts
in the several States they came, that he
might eQualizc the numbers among the dis
tricts 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 3D. Of March, 1863, il is
plain that he hal no right and power to cut
up Il district into counties, townships. pre-
cincts, or wards, in order to equalizc the
drat, therein The authority given in the
9th section 10 sub dividca district was for
the purpose OF facilitating or expediting the
enrolment and with no reference to equal
cation. II might and doubtless did, happen
in many districts, that one well defined pOr-
ton of a district AS a county, township or
ward, had furnished greatly more than the
number due thercfrom, whilst other parts of
the same district, equally we'll defined, had
furnislAod few Ut none, thereby making =
dram upon tho district neccsss,ry and yet,
under the act, II was not in the power vi
the President 10 make the draft otherwise
than equal over the whole district This
was UNJUST and oppressive In order to cor
rect this fragrant hardship and injustice
| Congress, by the 81 section of the act OF 24tl
February, 1864, and which is in amendment
| of the act of 81 March. 1861 declared that the
quota of eaacl, ward OF IA city, town. township
precinct or election district, or OF a county
where the county is not divided into wards
towns, townships, precincts or election dis
tricts shall be, as nearly spossible, in proper
able to the number Of men resident therein Ii
ton to military service. taking into account
81 far rs practicable, the number which has
| been previously furnished therefrom.
1t is earnestly insisted, and most ingeni-
ously argued that this Cd section Of the
amended act repeats so much ofthc 10th sec.
| ton Of the act of the Sd Of March, 1868, Is
makes il the duty If the President to take
| into consideration the period of service OF
| the volunteers and militia from the several
States. The argument in favor of the re-
peal rests wholly upon the words of the
amcrdatory act the number which has
been previously furnished therefrom." 1t Is
insisted that number. rs here used, means
an ari,hmctical count. | cannot SO under
stand il.
The act Of the Sd March. 1863. had pre-
scri6ed mode by which the number of men
due from the several States, and the districts
| of the several States, should I've ascertained
|
but consideration of the period Of service
Of men previously furnished Congress used
the wor1 number in the I'd section of the
amentlatOry net. understanding that the
| mode of count prescribed i'm 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 of count prescribed in the original
act
The amended act does not undertake 10
say how the quota of a State or district is
to be ascertAined In ascertaining what
number is due from a State or district. the
President must pursue the mode prescribed
in the 12th section Of the original act-he
must take into consideration the period OF
service and yet, under the construction in
sisted upon, when he comes 10 equalize the
draft, as authorized 10 do by the amended
act. in the districts, he must be controlled
by simple numbers. 1t cannot I've that Con-
gress intended one mode OF count for the
States and districts, and a different and
wholly inconsistent one for the subdivisions
of districts Incxtricsblc confusion would
result.
From the language used in various parts
Of the amenGatOry act, it is evident that Con
grcss did not intendto disturb the mode Of
count prescribed in the original act For
instance in the sth section III the amendato-
ry act. it is said that the town, ward or
township shall be credited Iy his %vrkes and
IN The nth section the period for which he
sEaii nave been enlisted, and the period
| lot which he shall have been drafted" all
solhg 10 show that time OF service was held
10 DC an element in the count.
Nor do l think that the argument IN r.ror
10 .1.xl1 Al
Isl section of the act. entitled An ac, r,t,h
er to Regulate and provide forthe calling o,,,
,he national forces" approved 4th In
" ieo4- The act says that ANY surl c,s,
un.eer, or case Of draft, as hsrcinaf,r =.
v'dct, any substitute, shall be credited 10 ~.
. town, etc Congress meant that the cre,I;,
should be given according to The mode ~
1863. % harch,
The whole purpose Of the "a sec;o, :,
~: ~ an'ci'o't"ry act was u enable the Pres
!. .:ns :" eQua'ise the draft in tie several dis.
!, T.. e 80 su.vs not 70 have one mode OF coun,
y m ascertainins the quotas OF the ssr"ra,
s'a'sc ana districts, and another mode INV
eqaaiz'ng The districts. Besides !, e hs.m,.
ope considered that Congress ,s,u,ld- s,,,;s
..e'uenaiiy strike from so Important q ssa,
4 wy feature so prominent and s,nnitshle
: L""'' therefore, OF the opinion that Tho
and az; y, ss.f raining and assigning to Statrs
s.,,s, ~'s'ict, tielr respective quotas. AS mn
~ IN the 10th section of tho prt 81 ~,
8 -, ieo'. Is not repealed, and thar ,I,
30" ' S ll.ode must be pursued, in .coral;z;nr
S AIS G.a't among the sub divisions of eacl,
MeA. comes the question, what il III.
as 'c - count prescribed In the 10th aectinn
- W. = acl Of - March, 1892