The Portland daily press., 1865-03-15
OPINION.

fSpAGatg o. 4oOO
s1n:-In your letter oftbe 2sth January, you ask
@ opinion on the legal iats presented IN the let
Ter of Governor A. o. CURTIN 10 you, o. date 18th
Januafy.-o+l .1ss -. ~
Construction OF the Act OF Congress- approved Sd
March 1868, comm only called the enrolment Act
T.. nat the words period of aervice,' since the
c0mmencement OF tine rebellion, as used in the l2h
section of Act, do not require ths President, in
ming he quotas TO The sever States to Ia in.
to consiueratol the whole of enlistment of the
unteer ana militia man; ard
"a, That that part of the Act of the 3D. of Earch,
1873. which ma es the period OF service an element
Ia the ejaculation necessary o determine the num-
Der Of men due rom siata district, county u u
town. has zen repealed by the I'd ction OF the Aes
amend tor of the Enrolment Act, approved zaih
Feb :uary, 1864.
ito the reverse order. inasmuoh as if it sh III be
fpu nd ID It the repeal mas been mad, contend
tor, the first point made ~ the Governor need NOT
Oe The great obi ,cts ofihe Enrolment Act ars:
LIST to declare who shall constitute the national
I'd To organize plan by which the national
forces can be made avaIlabie.
Subordinate TO the purpose OF raising and organ
zing The ma ional forces, the plan adopted by Con-
grsss shows desire thatthe draft upon the nous
trial poPula ion of tho veral States AID the com.
munities thereof, should be eqaa ized IS nearly as
By the 4th section of the Act of the Sd OF March,
1868 the Uoited States is divided into districts of
waieh the District OF Columbia shall consti one,
as the President shall direct and each gressona
District the respective States, as fixed BY Jaw of
this st te next preceding the enro ment, shall n
siitute The sscnonprovides. hattheres hail
be a Beard o Enrolment in each District, BY the
9th sscton it is provided, thatif the Board of En-
roiment thall deem it necessary, disirct may be
divided into two, and with the asaeut of the Secreta
ry ofWar into any grea number ofSub divisions.
BY the IL secilon, it ia made the duty OF the
President ia assigning to the Districts number
Ofmsn be fdrnished hereirom, 10 tsks into ccn-
side alton the number of volunteers and militia fur.
shelby and from the several States in which said
Districts situated and the pc iod OF their service
since the commencement ofthe PRESENT rebelli0n;-
aud aha SO make sad assignment as to equalze the
numbers among the Dis riots of The States.
con idsriog ami allowing for the numbers already
furnished aforesaid, and tbs time ofheir service.
tits evident, from the face OF this Act, that the
sew ia States snd Districts had furnished number
ofvounteers and mill ia ano for periods of service
The ir tduty of the President was to have the ma.
tonsl forces eprolls his next duty as t. ascer-
tain what number of volunteers and militia had be-
furnished 1rom the several st tes and the eeods of
Their servic nee the commencement of he present
lrebelioni and then from what Districts in the
tral Sta,es they cams. thes hs might qpalize the
sumbeTs among the Districts of the several States,
| considering apd allowing for the numbers alteady
fl nshed as af iid and the time of their service.
Uader To Act of the third March, 1863 il is plain
that he had no right a. power to cut up District
inso counties, township precncte, or wards, ia
der to ecu sze the he authority Civ
en- in the Insertion to sub.divd District for
the pur IF facilitating or expedting tee enroll
ment. ara VITA no re ence 10 equaiza alton 1t
might AMI douotlets cid happen 10 many Districts,
that one well defined PORTION Distric IS O. I'M
/ ty townshis, or ward, had furnished greatly
1 than the numDef aus LnereIrOm, Wl1eS Otn6F paris
of the same District, equally well dc aed, hal fur
nished few or none. thereby making draft upon
tn sDitrict necessary az yet, NJ der the Act. It
was not in the aver of the Pr sident to make the
draft otherwise than equal the who District -
THIS was unjust and oppressive. in order to cor
rect this sgraAt ha dship and injustice. Congress
by the I'd ction ofthe Act of Gath Febfusry 1864
asd which is in amendment of the Act of Sd March,
1863 declared that the quota of eae ward off city,
town. township, precinct, or electi IN di-trctor of
eounfy ,wherethe county is not divided into wards
towns town hips, precincts, or election dist lets,
AL h. noosh To-
| TO the number of men resident therein liable 10
mi itary servic, tax Dg into aocopnt far prac-
| tioabletthe number which has been previously fur
II is earnestly nsis. d, and most ingsnieusly ar
ghed thatths2 I'd section ofthe anne ded Act rebeals
mach Of the ~ section of the Act OF the Sd of
March, 1862 makes it the duty Of the PIesdentto
take into consideration he period of service Of the
Argument in avor of the repeal rests wholly upon
| the words of The apendatory Act-.'the NUMBER
which has been previously furnished therefrom' EIt
ia insisted that "number," as here used, faeans an
l arthmotical count. i cannot o understand 1t. p
The Act of the Sd March, 1868, had prescribed
mode by which the number of men due Tram the
several Sratea should be tanned ard that ode
required, not simple count but confederation of
the period of service of mel previously furnished.
the arord Number in the I'd section of
| the amsndatory Act, unde standing that the mode
of count prescribed in the original Act, would be
mere are many evidences upon the face of the
amendatory Act which show that 1T the in.
tenion ofCongrees to change the mode ofoount pre-
| scribed in the original Act.
l Tho amended Act does net undertake TO say how
he quota of State District is to be aimed.
| In ascsrfaing what number is due from State or
District, the Pre- sident must pursue the mode pre-
scribod in the 18th section Of the original Aci-he
must take into CEN GRAFTON the period OF service
aad vet, undar the construction insisted upon when
hsccmss to equaiize the dra authorized TO do by
ne amended Act. in tn DISTRICTS, he must be CON
trolled by simple numbers / cannot be that Con-
ietepd ed one mo- ofc unit for the states and
D stsicts and different and wholly inconsse one
for the Sub divisions of Districts. Inexr cable con-
~ ~ WDuiu leeuA !.
! 4r m the lsngeage use in various pa IS of the
4 ameed tory act it eyid mt that Congress did
mfenf to distvr5 the mode OF coun prescribed the
original act For instance, in the Sh of The
appendat ny act, it IL said that the town, war or
t-wn hip shsi be credit, By nj services. emo in he
Ith section, he period which he shall baye been
been drafted all going to show that time of ser vice
was helc to be an element in he count
Nor do think that The argument in favor of
she rep is aided BY tiela guase the lst section
OF the c.. en- tiled IAN act flrsher to regalate aud
proviie f2e The c,ilin Gus the ma ionsl orses an
volunteer or IN sse of draft, ns rein provided,
any subsIitute, shall be or ded to the towa." 60
| Congress meant that the reditshou be Given ac-
9ordng TO the mode OF count prescribed in the act of
| 81 sarch, 1863 h-,.sse
This whole purpose ofthe I'd section of the amend
atory act to enable TIL Preside at to equaze the
draft in heseverai dicric sueiy not 10 hsve one
MODE Of count in sinir he quotas Of thu sew
arai atesand DISTRICTS and another med for equal
izing hs districts. Besides it is hardly to be consd-
| r that Congress aoh thus accidentally strike
from ? important statute feature 60 prominent
am. therefore ofthe opinion that The mode ofas.
oertsining andassgning to States aad dssrcts heir
respective gu tas, bed in the 18th section
of the act of the Sd July, 1868 is not repealed
and that the same mod mast be pursued in equal
zipg the draft among the sub dvisons of each dis
triot.
Next 5mes the question, what is the moo Of
count presc Fbed in he izsh section o. the act OF
Il g. Marco, 1852 .s ~ 4, ,,sr III IS sft1 5qiraF
4 1t isvefy plain that Congress regarded that a
consideration OF tn period OF seryifc would change
the rule from merely numerical one. some credit
was to be given the period ofseryico IS well as
for the man. Copgr IS has hxed various periods OF