Those of the second class shall not be called out until those of the first class shall have been exhausted.
Thus it seems, by the true construction of this act, that while all persons coming within its provisions are to be enrolled in the national forces, nevertheless, under the first enrollment those who were in the military service at the time the act went into effect are not to be included in that class which is subject to the first draft.
Several provisions of the statute are inconsistent with the idea that persons then in the service were to be treated as liable to draft from the first class.
Thus it is provided in the seventh section that regulars, volunteers, militia-men, or persons called into the service under this or any other act of Congress, were to be arrested as deserters, wherever they might be found, by the provost-marshal, and to be sent to the nearest military post, thus admitting a plain distinction between these different classes of persons, viz, those who were then in the service and those who were to be drafted in.
The same distinction between those who were in the service and those who were to be drafted in is recognized in section 18, which provides bounties to those who, being then in the service, should volunteer to re-enlist.
The statute, in providing for the classification of troops from which drafts are to be made, enacts as follows (sec. 3): "That the national forces of the United States, not now in the military service, enrolled under this act shall be divided into two classes." Thus those who are "now" (that it to say, on the 3rd of March, 1863) in the military service are not to be included in either of these two classes.
And as those then (March 3) in the service were not included in either of these two classes, they may be said to constitute a third class of forces to be enrolled under the provisions of the act.
As between the first and second class the law (sec. 3) requires that the second class shall not in any district be called into the service ot the United States until those of the first class shall have been thus called in.
Volunteers or regulars who have been in the service, and who had been discharge therefrom, or had resigned, prior to the 3rd day of March, 1863, are liable to be drafted in the same manner as if they had never been in the service. No regard is to be paid to their former period of service, or to the length or brevity of the period between the date of their discharge and that of the draft.
Volunteers who were in the service of the United States on the 3rd of March, 1863, and have since that time been discharged, are not, therefore, included in the first class from which the first draft is intended to be made, and are, therefore, not now liable to be called on by a draft which is to be made from that class of the forces of the United States under the provisions of this act.
Solicitor of the War Department.
JAMES B. FRY,
INDIANAPOLIS, IND., June 16, 1863.
Honorable E. M. STANTON:
The enrollment meets with serious resistance in several counties and reliable troops are needed to enforce the laws. Outbreaks have already occurred. General Burnside has ordered all troops out of the State, leaving us helpless. Please order that no troops be taken out of the State at present. Governor Morton will arrive to-night in Washington.
Adjutant-General of Indiana.
INDIANAPOLIS, June 16, 1863.
Colonel JAMES B. FRY:
It is said nearly all the troops here are about to be taken out of this State. In my judgment the few troops here are not more than suff-