Daily intelligencer. [volume] (Wheeling, Va. [W. Va.]) 1859-1865, 1865-03-13
OPINION.
ATTORNEY GENsRAI's OFF1oR, !
February Q 1861.

SIR: 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 25th January.
Governor Curtin's letter is in relation to
the construction of the Act of Congress,
approved Sd March, 1868. commonly called
the Enrolment Act. He insists
lst. That the words "period of SERVICE"
since the commencement of the rebellion,
as used in the 12sh 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 enlist
ment Of the volunteer and militia man
and
I'd. That that part of the Act of the Sd
| of March, 1868, which makes the period Of
service sugelement in the calculation neces.
| sary to determine the number of men due
from State, district, county, or town, has
been repealed by the I'd section of the Act
ameudatOry of the Enrolment Act approved
"a February, 1864.
1t will be more convenient to consider
these questions in the reverse order, mas
much as if it shall be found that the repeal
has been made. as contended for, the frst
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; aud
I'd. To organize plan by which the ma
tional forces can be made available.
Subordinate to the purpose of raising and
organizing the national forces, the plan
adopted by Congress shows a desire that
the draft upon the industrial population of
the several States, and the communities
thereof, should be equalized as nearly as
practicable.
By the 4'h section of the Act of the Sd
of March, 1863, the United States is divided
into districts, of which the District of Co
lumbia shall constitute one, each Territory
of the URited States shall constitute one or
more, as the President shall direct, and
each Congressional District of the reapec
tive States, as fixed by a law of the State
next preceding.the enrolment, sha1lc cons
tute one. The 9th section provides, that
there shall be a Board of Enrolment in
each district. By the 9th section, it is pro.
Vided, that if the Board of Eorollment shall
deem it necessary, District may be divi-
ded into two, and, with the assent of the
Secretary of War, into any greater number
of Sub divisions.
By the 18th section, it is msde the duty
of the President, in assigning to the dis
tricts the number of men to be furnished
theretrom to take into consideration the
number of volunteers and militia furnished
by and from the several States in which said
Districts are situated, and the period of
their service since the commencement of
i the present rebellion; and shall SO make
said assignment as to eQualize the numbers
among the Districts of the several States,
considering aud allowing for the numbers
already furnished as aforesaid, and the
time of their service.
1t is evident, from the face of this Act,
that the several States oud Districts had
furnished number of volunteers and mi
Iitia, and for periods of service.
The first duty of the President was to
have the national forces enrolled; his next
duty was to ascertain what number ol
volunteers and militia had been furnished
from the several States, and the periods oi
their service since the commencement oi
the present rebellion; and then, from what
Districts in the ssYeral States they came
that he might equalize the numbers among
the Districts of the several States, consid
ering and allowing for the numbers already
furnished as aforesaid, and the time oi
'heir service. Under the Act of the Sd oil
March, 1868, it is plain that he had nc
right and power to cut up District into
counties, townships, precincts, or wards
in order to equalze the draft therein
The authority given in the 9th section tc
sub divide District was for the purpose
of facilitating or expediting the enrolment
and with no reference 70 equalization
1t might, aud doubtless did happen ir
many Districts, that one well defined
portion of District, as a county, town
ship. or ward, had furnished greatly more
than the number due therefrom, whilst
other parts of the came District, equally
we'll defined, had furnished few or none
thereby making draft upon the District
necessary; and yet, under the Act, it was
not in the power of the President to make
the draft otherwise than equal over the
whole District. This was unjust audoppres
slve. In order to correct this fragrant hard
ship and irjustice, Congress. the I'd Sec
ton of the Act of 74Eh February, 1864 and
which is in amendment OF the Act of Sd
March, 1868, declared that the quota
Of each ward of a city, town, town
ship, precinct, or election district, OF
of a county, where the county is moi
divided into wards, towns, townships
precincts, or election districts, shsll be, as
nearly as possible, in proportion to the
number of men resident therein liable tc
military service, taking into account, as faI
as practicable, the number which has beer
previously furnished therefrom.
1t is earnestly insisted, and most ingeni
, ously argued, that this s2d section o
the amended Act repeals so much of The
18th section of the Act of the 81 of March
1868, as makes it the duty of the Presiden
to take into consideration the period o
service Of the volunteers and militia fron
the several States. The argumsuti in faVol