Bedford inquirer. [volume] (Bedford, Pa.) 1857-1884, 1865-03-17

In testimony whereof have hereunto set my hand
and caused the seal of the United States to be af
fixed Done at the City of Washington this 18th
day of March, A. d., 1865, and ofthe Independence
Of the United States the eighty ninth.
ABRAHAM LINCOLN.
By the President,
w. FL SEWARD, Secretary of State.
HEADQUARTERS, PROVOST MARSHALL,
Ii sIxTEENTH DrsTRIcr PENN'A, cHANBERsBURG,
March 18th, 1865.
The following Opinion of the Attorney General of the
Dnite States is published for the information of the peo
pie ofths District. GEO. EYsTER,
Capt. and Pro. Mar. 10th Dist. Penna.
OPINION.
ATTORNEY Generals OFFICE, Feb. ., 1856.
SIR In your letter of the 2sth January you ask my
opinion the legal points presented in the letter of Gov
A. G. Curtin, to you, of date the 25th January.
Governor Curtns letter in relation the construc-
ton of the Act of Congress- approved Sd March, 1863
commonly called the Enrolment Act. he insists
1s That the words 'period of service, the
mencenent of the rebellion the 18th section of
the Act do not require the President in assigning the
quotas the States take consideration the
whole of enlistment of the volunteer and militia man.
and
I'd That that part the act of the Sd of March, 1863
which makes the period IF service element in the cal
culation necessary determine the number due
from State, district county, town has been repealed
by the I'd section of the Act amendatory of the Enroll
ment Act, approved oath February, 1864.
It will be convenient consider these questions
in the order inasmuch it shall be found that
the repeal has been made eonended for the first point
made by the Governor need not be considered.
The great objects of the Enrolment Act are:
let To declare who shall constitute the national forces
| and
81 To organize plan by which the national forces
! can be made available.
Subordinate to the purpose Of raising and organizing
the national forces the plan adopted by Congress shows
desire that the draft upon the industrial population of
the several States and the communities thereof should
be equaized neorly as practicable.
By the lh section of the Act Of the Sd of March, 1863
the United States divided into districts which the
District Of Columbia shall constitute one each Territory
Of the United States shall constitute more tho
President shall direct and each Congressional District
the respective States fixed by of the State next
preceding the enrolment shall constitute The sth
geeton provides. that there shall be Board of Enrol
each District BY the 9th section provided
that if the Board of Enrolment shall deem necessary
District may be divided two and with the assent of
the Secretary of War; into any greater number of Sub
divisions.
BY the 18th section, It is made the duty Of the Pres
dent assigning the Districts the number ef men to
be furnished therefrom take into consideration the
number of volunteers and militia furnished by and from
the States in which said Districts are situated ana
the period of their service the commencement of the
present rebeon and shall make said assignment as to
equalize the numbers among the Districts considering
and allowing for the numbers already furnished
said, and the tine of their service.
It evident from the face of this Act that the several
States and Districts had furnished number of volunteers
and militia and for periods of service.
The first duty of the President have the national
forces enreled his duty what
her of volunteers and militia had been furnished from the
several States and the periods of their service since the
commencement of the present rebellion; then from
what Districts in the several States they came that he
might eqnalze the numbers among the Districts of the
ssvera States considering and allowing for the numbers
already furnished aforesaid and the time of their ser
Under the Actof the Sd March, 1853 it is plain
that he had right power to cut up District into
counties townships precincts wards order equal
ize the draft therein The authority given the 9th sec
ub-divde District for the purpose of facii
tatng expedng the enrolment and with reference
equalization, might, and doubtless did happen in
many Districts that well defined portion district
county, township, ward, had furnished greatly
than the number due therefrom whilst other parts
of the District equally Well Defined had furnished
few none thereby making draft upon the District
necessary and yet under the Act it not in the pow
er Of the President make the draft otherwise than
equal the whole District. This was unjust and op
pressve In order to this fragrant hardship and
injustice Congress- by the I'd section of the Act of oath
February, 1864, and which amendment Of the Act of
Sd March, gS declared that the quota of each ward Of
city town. township, precinct, election district of
county, where the county divided into wards towns
townships, precincts election dist.cts shall be- as
nearly poseible in proportion the number of men
resident therein liable to military service taking into
count far practicable the number which has been
previously furnished therefrom.
1t is earnestly insisted, and most ingeniousy argued
that this I'd section of the amended Act pea much
Of the 18th section of the the Sd of March, S63 as
makes the duty of the President take into conside
ton the period Of service Of the volunteers and militia
from the several States The argument in favor of the
repeal rests wholly upon the words of the amendaory
Act-the number which has been previously furnished
tlerefrom. It is insisted that ''number here used
means an arithmetca count cannot understand il
The Act of the Sd March. 1862 had prescribed mode
by which the number of due the several States
and the Districts Of the several States should be ascer
tanned; and that mode required single count but
of the period of service Of previously
furnished. Congress used the word number in the I'd
section of the amendatory Act understanding that the