Year: 1863

THE ENROLMENT IN NEW YORK


The elaborate exposition made by Mr.. NELSON
j. WATERBURY, the Judge Advocate General Of
the State of New York, respecting the facts and
calculations which call into question the accuracy
of the enrolment in that State, continues to fur
nish topic of discussion to the public press. The
incopgruties between the returns of the enrolling
officers for certain districts as compared with
others are indeed surprising and Mr.. Waterbury
charges that they bear on their face the marks of
fraud We are not sufficiently familiar with the
data which enter into his computations to justify us
in pronouncng any opinion on this point so far as it
affects the subordinate officers charged with the pre-
paration and completion of the enrolling lists in
New York, and when it is possible to explain such
inconsistencies by the presumption of error rather
than fraud, we always prefer to adopt the former
supposition We allude to the subject, however,
for the purpose of noting the fact that Mr.. Water
bury, in casting this imputation certain parties
engaged in the work of enrolment, is careful to
exempt from the scope of his charge the military
authorities in this city primarily charged with
the enforcement of the law. To this effect he
says:


Ths scheme of fraud certainly been conceived and
prosecuted without the knowledge Of the Provost Mar
sha Genersl found that gentleman not only ready to
supply the fullest information but also anxious to obtain
knowledge of every wrong injustice The President
also was decided the expression of his views to the
sane effect, and and emphatic in the
he desired to convey to you that every subtan
ta wrong pointed out to him should be corrected
We look to the irresponsible cabal outside which
has perverted the contest than
mar fnrt of iuu ia
exposed If justice is done it will be corrected; if not.
whether it is carried with less success it will
remain in history as gigantic political fraud"


1t appears that on the occasion of the draft
which was begun in New York city during the
last month, but which was interrupted by the riot,
there was among the conscripts drawn in the ninth
district great disploportion Of the names of peo-
pie of particular lineage, although only one-fourth
of the inhabitants of the district were born in Ireland
This fact was deemed suggestive of some unfair
ness, and the attention of the President having
been brought to it by Mr.. Waterbury, Mr.. Lincoln
made reply which indicates, what however none
could doubt, determination on his part to protect
this law, far possible, from the very appear
ance of possible fraud. We quote from Mr. Wa
terbury's paper:


Il called the attention of the President to this fact
and suggested HIM that such result could not be con-


nued throueh the city without being followed by
belief 10 the public mind that the draft had been unfairly
made He answered Of course not, aud added, with
earnestness glad to observe will not permit either
real apparent fraud"


1t is but just to say, as indeed Mr. Waterbury
admits, that the regulations adopted by Provost
Marshal General Fry for the purpose of eimina-
ting the errors of the enrolment, SO far as they
might weigh unjustly on the citizen, is perfectly
adapted to secure this end If any body is to suf-
fer by insufficient enrollments in some districts,
Others it is to be the Government and not the cti-
zens Of the latter. To this purport Mr.. Water
bury says


"Col. Fry upon my pointing out the overenrolment,
Immediately suggested the remedy which he has expressed
in his liter, aud ha. since carried out partially in cir
cuar to his subordnates In his letter he that
residents and Aliens if drawn in the draft will be dis
charged and their places not to be filled by the dis
tct the fifty per cent additional to the quota beng called
for only TO supply vacancies caused by granted
under the law to residents Of the district


understand tn rule to be founded the principle
10 be supplied and that the fifty per cent additional is
only to make good the exemptions allowed by the second
section Of the conscrpon act If the draft Of per-
sons OF the following classes will be nnllty and their
places will not be supplied viz:


l. Persons not residing the districts in which they
drawn.


-. Aliens who have not declared their intention to
become citizens.


"3. Persons under twenty or fory-fye years of
age, or, if married over thirty-Hve


~ Persons in the military service Of the United States
the 81 of March, 1863.


5. Unknown persons. If the enrolment was fictitious
Of course 1t should amount TO nothing II it not the
law makes the enrolled person deserer and puts upon
the Government the duty of obtaining his services.


further understand that by Col Frys rule the fifty
per cent additional draft s be used only to supply
caused by the drawing persons not embraced in
either of the above classes but who exempted under
the second section of the conscrpon act such persons
being OF the following classes and none other, viz


4. Those physically mentally unfit


y The 0nly son, or one OF the II there be
than ore, of aged, nfrm widowed parents and the
only brothers Of orphan and the fathers Of motheess
children, in the specified in the act


% Two persons from every family and household Of
father and from which two persons have already
been supplied to the military service of the United States


The distinction between the classes Of places to be
supplied and Of places not to be supplied should be clear
b and fully understood, and then, " the draft is fairly
remedied."


That the draft will be fairly made" no one can
for moment doubt after the earnest desire mani
fested by the President and by the Provost Mar
shal to remove all possible grounds Of offence or
suspicion as to the enforcement Of the enrolment
law in New York





APPEAL IN THE PETERHoFF CASE.