our troops who fell into their hands became generally known throughout the country. There was probably nothing in all the operations of the rebel armies or authorities which acted so unfavorably upon our recruitment as the inhumanity with which the insurgents treated the prisoners of war held by them. Men who would cheerfully enlist in the cause of the Union and take all the chances of civilized warfare, were not so willing to expose themselves to the protracted torture that awaited them if, by the fortunes of war, they fell into the hands of the enemy. If it was purposed by the cruelty shown to the victims of Andersonville and like places of torture to discourage the recruitment of the Union armies, this object was to a certain extent accomplished.
Action in certain contingencies under the call of July 18, 1864.
The thirteenth section of the enrollment act provides that * * * "any person failing to report after due service of notice as herein prescribed, without furnishing a substitute or paying the required sum therefor, shall be deemed a deserters, and shall be arrested by the provost-marshal and sent to the nearest military post for trial by court-martial, unless upon proper showing that he is not liable to do military duty, the Board of Enrollment shall relieve him from the draft."
Under this section it was claimed that when the quota of a district had once been drawn, no additional draft could be made for the deficiency occasioned by the failure of the drafted men to report. It was urged that men drawn in the draft were, in law and in fact, in the military service, and that it was the duty of the Government to arrest delinquents and not to require new men to make good the deficiency occasioned by the failure of drafted to report.
To this I replied that the act of March 3, 1863, declared that all able-bodied male citizens of proper age, with the exceptions enumerated in the act, were liable to be called upon to perform military duty, and that by drafting a man the Government acquires a jurisdiction and control over him to the same extent as if he had voluntarily enlisted in the service. If he deserters, of if, on examination by the Board of Enrollment, he is rejected, he is not one of the required number obtained" in the language and meaning of the statute. Like the enlisted recruit, the drafted man is liable to be held to service; but if, on examination, the one is exempted by the Board of Enrollment, or the other rejected by the mustering officer, no credit could be given for either, because they are not "obtained" in the meaning of the law.
The object of the draft is not to fill quotas; it is to raise troops, and it should be executed with that view; and as every able-bodied citizen of the proper age is subject to be called under arms, no drafted man has just cause of complaint because he is required to render his share of military service. The fact that the "required number" has already been drawn is no reason why others should not be drawn, if necessary, to obtain the number required for duty. If the required number is not "obtained" because some have been exempted and others failed to report and eluded arrest, or being arrested are found unfit for service, the object of the law would be defeated if the draft did not proceed until the required number is obtained.
When a man is drafted in lieu of one who has failed to report, he is not "required" to fill a deficiency on account of the failure of the first party to report, because it has not been ascertained that the