Evening star. [volume] (Washington, D.C.) 1854-1972, 1865-03-13
O r r lei A l..
Opinion Of Attorney General Speed.
ATTORNEY GENsRAL's OFFICE

February 9, 1856
SIR: In your letter of the 2seh January, You ask
my opinion on the legal points presented in the
letter Of Goverho or A. u. Curtin to you, of date
Governor Curtin's letter is in relation to the
| construction of the act OF Congress, approved Sd
March, 1868, commonly called the enrolment act.
| Isl, That the words period of service" since
i2th section fthe act do not require the Presi-
dent in gnine the quotas to the several States
| iistment OF the volunteer and militia man and
1879 Ihs, that part tic act OF the 80 of March
in the calculation eces'srys to determine the
or town has been re pesed by the I'd section OF the
act amendatory OF the enrolment act, approved
1t will be more convenient to consider these
ops in The reverse order, inasmuch as if it
CO ended for, the first peint made by the Cover
nor need not bs considered.
The great objects of the enrolment act are:
lst. To declare who shall constitute the national
I'd TO o,gsDizse plan by which the national
| Subordinate to the purpose OF raising and or
| Congress shows a desire that the draft UPON the
industrial population of the several States and the
eommnn ltles thereof shoad Do equalizsd as nese
By The lth section of the act of the ID ST March.
| which the District Of Columbia shall constitute
each Territory ofthe United States shall csn.
aud each Consrsssio nal District Of the respective
States as fixed by law Of the State next pressing
tiou proyides that here shall be board of a,ri
provided that the board Of Sd e deem rs
it necessary. district may be divided into tvo,
any greater number of suoiivis ons. 'n''
BY the 18th section, it ismste the duty of the
Of men to be urnish I'd therefso te take into non
| alteration the number of volunteers and militia
said districts are stuate and The perSd IN of bs
ice since the commen me1 of the present re-
! equalize The numbers among the districts Of the
several States considering AMI allowing for the
| numbers already furnished as aforesaid, and the
1t is evident, from the face Of this act that the
! .ereral States and districts had furnished a num
Der Of volunteers ana militia. and FOR periods OF
The first duty of the Pre-; 1ert was to have the
nation al forces enrolled mis- next duty was to
ron M the se"srs s sssss
the Periods Of their service since the commence
Nfas districts the states they came ' tSas
he might equalize the numbers among the dis
ING for the numbers sIrssiy furnished as afors
said and the time of their services Under the act
right and power to cut up district into counties
Se saI hPT TN sTas5 q
section te suodivde district was for the purpose
S %t m s5ssdns the and
don d1d h.Rpsn in many districts that one
township or ward had iurnished greatly 9q more
than the nun Der due therefrom. whilst OF Their parts
nished few none, thereby making DRAFT M pom
tie district ssary; aud yet under the sct.eit
DRAFT otherwise than equal over the whole district
This was unjust and oppressive. In order to cor
b, the % section of the act of 2sth Febrnary 1871,
and which is in amendment of the act of 81 March,
!o63 declared that the quota of each ward of city.
town, township, precinct or election district, or
of county, where the county is not divided into
districts, shall be- as nearly as possible IN propor
ton to the number Of men resident therein liable
to military service, taking into account. far as
practicable the number " hieh has been previously
II is earnestly insisted anil m ost ingepionsly Ar
gutd, that this I'd section of the amended act re.
pesis 81 much , 81 the 2h section Of the act of the
loent T. axe into the period of ser
zee ofths volunteers and militia from the several
Wholly upon the words of the ameHdatory act
Ihcn mas seen previously
sea, means an arlthneticsl count. l cannot so
TIE act Of the Sd of March. 1853 had prescri bed
mode by which the number Of men que from the
sIstes, should be sscertainsd; and that mode re-
CURED, not simple couht, but Consideration of
Congress used the roJd nu5sr in the I'd SECTION OF
the amendatOry act unds stand ing thaI the rnoda
OF count prescribed in the original set would be
here are many evidences qpon the face. of the
mend tCry act which show that it not the in.
tention of Congress TO change the mode of count
prescribed IN the rginal act.
IEe amended act does not undertake 10 how
tie quota sf State or district to be ascertanei
In a.eer!sining What number is due from State
~
prescribed in the 18th section of the ori ginal act
ne must take into consideration the period OF ser
upon, when he comes to equaiize the drsft az au
thorhed to 90 ey the amended Act, in the districts
rot be trat Ccngra-s intended one mode Of count
fer the States and districts, and different add
h9y 9ns for tine of
From II language nsed in various parts of the
node Of ta5 dd
~ Inc .rslpal act For instance. in. the 9Th sec
ward, tawnship shall be CT sdtt.d Jg AIS Ssrrissf
and in the Ith section, the psIod for which he
which be shall have been dfaft.d ali going T., to-
show that time Of service was held to DO an ele,
Nor do think that the argument in favor OF the
ffes a rs saed by the Of the LIST section
provide Tor the calling ont the national forces.
approved 4tb July, ls,i The act says that any
provided. any substitut shall be credited to the
town" &c. Congress meant tina the or. dit she uld
scrbed in the act q Sd March 1857 OF count pre-
The whole purpose of the I'd section of the
eqn.te the draft in the several districts snre iS
not to have one mode OF cOun, in ascertaining the
ODE sss t the srss f B.
sides, it is hardly to be considered that Congress
shsreors the Opinion hat s9 Il. NODE of
,hs 40. the d q July ISIS, i. n not e
IN equalizing 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. lst3:
| Ills very plain that Congress regarded that q
eeSnslderat,on of the period ofservice would change
| me iaIe from merely numerical one. Some
eie1lt ras to be given for the period of service
| wen as LOT the frAn. Congress has fixed various
| PERIODS or service, ard States and districts aud
fractions OF districts bad furnished men for those
| given, " ~ w 'e
Before proceeding to answer the question. 1t my
be proper 10 state that it is insisted that The word
period OF tins" and " time OF service = as ussd
in the 18th section of the act of March, lsss
somethin different from Hrm of s.rrics II ssap,s
| to ne that the phrases mean one and the same
| thing. When the word tenn is used in Reference
| 10 time. il is. according to the lexicosraphers
very. very nearly the synonym Of period The di {,
ference betwixt them, If any is too uncertain and
| sbadowy to believe that Congress meant by the
use Of one something d. tferent from what is under
stood by this other. But the words period and term
both occur in after parts Of the acts now under
consideration. In the 18th section of the act of
1865 III term of service is spoken Of. and the term
of 70 enlistment whilst in the Yah section of the