Address of His Excellency John A. Andrew, to the Two Branches of the Legislature of Massachusetts, January 8, 1864 ; [and,] Documents Accompanying Governor's Address, 1864

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Unless, therefore, a careful enrolment is made, of those alone who are liable and able to do military duty, and unless the drafts into military service are apportioned accord- ing to such an enrolment, injustice will be done to those communities which have the smaller proportions of men within the military ages and capable of bearing arms.
Having in view such considerations, the Provost- Marshal-General of the United States remarks, that in executing the law of Congress of March 3d, 1863, prope
...rly termed the " Draft Act," " The main object was to apportion the number among the States, so that those previously furnished and those to be furnished would make a given part of their available men, and not a given part of their population." 1864.] SENATE— NO. 1. 67 This was rendered practicable by the terms em- ployed in the last-named Act, in reference to the duty of the President " in assigning to the districts the number of men to be furnished therefrom." The Act, in one word, evidently contemplates, for the first time, basing requisitions for men on the en- rolled military strength, and not on the population of the States, the inequality of which latter method is illustrated in the same report of the Provost Marshal General, by the testimony there found that under former calls " Some of the Western States, with quotas nearly as large as some of the Eastern, not only furnished their quotas and a large excess besides, but had a larger proportion of males left than Eastern States which had not entirely rilled their quotas." At the time when troops were accepted from other States and the volunteers of Massachusetts were declined, the Government did not probably contemplate the possible future exercise of the high prerogative implied in the enforcement of a draft for the military service.

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