Raftsman's journal. [volume] (Clearfield, Pa.) 1854-1948, 1865-03-22
MODE OF DETERMINING QUOTAS
Opinion of Atty General Speed.
ATTORNEY GENERAL OFFICE,

ATT0RN EY-CENERALS OFFICE,
WASHINGTON, February 9th, 1865.
SIR: In your letter of the 29th January,
you ask my opinion on the legal points pre-
sented in the letter of Gov. A. G. Curtin,
to you, of date the 25th January.
Gov Curtin letter is in relation to the
construction of the Act of Congress, ap-
proved Sd of March, 1868, commonly called
the Enrolment Act. He insists
lst. That the words period of service, y
since the commencement of the rebellion,
as used in the 18th 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 enlistment
of the volunteer and militia man; and
ID. That that part of the Act of Sd
March, 1868, which makes the period of
service an element in the calculation neces-
sary to determine the number of men due
from a State, district, county, or town, has
been repealed by the I'd section of the Act
amendatory of the Enrolment Act, approx
ed oath 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 first
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; and
I'd. To organize plan by which the Ma
tioral forces can be made available.
Subordinate to the purpose OF raising and
orgs nizing the National forces, the plan a
dopted by Congress shows desire that the
draft upon the industrious population OF the
several States, and the communities thereof,
should be equalized as nearly as practicable.
By the fourth section of the Act Of the
third of March, 1868, the United States is
divided into districts, of which the District
Of Columbia shall constitute one, each Terri
tory of the United States shall constitute
one or more, as the President shall direct.
and each Congressional District of the re-
spective States, as fixed by law Of the
State next proceeding the enrolment, shall
constitute one The eighth section provides,
that there shall be a Board of Enrolment
in each District. By the ninth section, 1t is
provided, that if the Board OF Enrolment
shall deem it necessary, a District may be
divided into two, and, with the assent OF
the Secretary of War, into any greater num-
Der of subdivisions
By the 18th section, it is made the duty of
the President, in assigning to the Districts
the number of men to be furnished there
from, to take into consideration the number
of volunteers and militia furnished by
and from the Seuerdt States in which said
Districts are situated, and tie period Of their
se11f.ce since the commencement OF the pres
ent rebellion; and shall so make such as
signment as to equalize the numbers among
the Districts of the Several States, consld-
ering and allowing for the numbers already
furnished as aforesaid, aRd the time Of their
service
tt 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 to ascertain what
number of volunteers and militia has been
furnished from the several States, and the
periods of their service since the commence
ment of the present rebellion; and then,
from what Districts in the several States
they came, that he might equalize the mum,
bers among the Districts of the, several
States considering and allowing for the num-
bers already furnished as aforesaid, and the
time of their service. Under the act OF the
Sd of March, 1868, it is plain that he had
1O JlShl ppHSi ~ Noe oP -
counties, township, precincts. or wards, IN
order to equalize the draft therein. The
authority given in the 9th section to sub
divide district was for the purpose OF ia,
cilitating or expediting the enrolment. and
with no reference to oequalization. 1t might,
and doubtless did happen In many districts,
that one well defined portion OF a adlstrlct, as
county, township, or ward, had furnished
greatly more than the number due therefrom,
whilst other parts of the same districts, e.
oualy well defined, had furnished few or
none. thereby making draft upon the dis
trict necessary, and yet, under the act, 1T was
not in the power of the President to make
the draft otherwise..th than equal over the whole
district This was unjust and oppressive.
In order to correct. this fragrant hardship
and Injustice, Congress, by the I'd section
of the act of oath February, 1854, and which
is an amendment of the act OF Sd OF March;
1868, declared that the quota OF each Ward
of city, town, township, precinct, or elee-
ton district, or of a county, where the
county is not divided into wards, ;, towns
townships, precincts, or election districts,
shall be, as nearly as possible, in proportion
to the number of men resident therein liable
to military service, taking into account as