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When legal re
be accepted, & how deficiency made up.
service to be deducted.
§ 5. Whenever a legal requisition for troops is made, if volunteers tender themselves by companies, regiments, brigades, or divisions, they shall be accepted as far as wanted; but if there be not enough volunteers to meet the requisition fully, then the deficiency shall be made up by a draft, in which the number deficient shall be apportioned among the several counties respectively in proportion to their military strength, ascertained as directed in the preceding section. But in such apportionment the counties from which the volunteers that may have been accepted come, shall be credited with the number of volunteers furnished by them respectively. If any county furnishes its full quota of the troops called for, by volunteers, then no draft shall be made in such county; and where a county furnishes a part of its quota in volunteers, such county shall be credited with the number of volunteers furnished, and the remainder of its quota raised by draft. In making out the rolls of the volunteer and drafted companies and regiments, they shall be so made out as to show what county furnishes each volunteer and drafted man.
§ 6. Notice shall be published in each county, in such Exemptions manner as the Governor may direct, of the time and place when and where those claiming to be exempt from the performance of military service shall meet the Commissioner, and make known the causes and reasons for his exemption, and furnish evidence of their truth. If the Commissioner, on investigation, shall be satisfied that the applicant is exempt, he shall note the fact and the cause opposite the name of the applicant upon the roll. The Those now in Commissioner or Commissioners for the county shall write upon the roll opposite the name of any person who, at the time the roll is made, is then in the service of the United States, as an officer or soldier, the words "now ia service;" and opposite the name of any person who is then a volunteer for three years' service, and has been enrolled as such upon the rolls of the proper recruiting officer, but has not yet been mustered into the service of the United States as officer or soldier, the words "enrolled as volunteer;" and opposite the name of any person who has served nine months or more in the army of the United States as officer or soldier, and who has resigned or been honorably discharged, the words "has served nine months." In ascertaining the number of persons subject to draft in the county, all those opposite whose names any one of the aforesaid expressions is written shall be deducted from the whole number on the roll of the county, as well as those exempted from the performance of military service, and the remainder shall constitute the persons subject to draft in the county. The Commissioner shall have power to call to his aid a competent practising physician and to administer an oath to the party, or to any witness he may produce to testify in
Com'r may ob
tain services of
his behalf, and if, on any such investigation, the party or
§ 8. When the number of persons subject to draft in each county is ascertained as aforesaid, and the quota of each county to be raised by the draft is fixed, then the Conmissioner or Commissioners for the county shall divide the whole number of the militia of the county, after deducting those who are exempt, and those not subject to draft, by 101. If there be left in such division a portion of less than 101, such portion shall be again divided by the quotient of the first division, and the quotient of this second division added to 101, so as to fix and determine the number of men which each company in the county shall contain, subject to draft. If there be a portion still left, such portion shall be distributed by lot among the companies, so as to make them as nearly equal in number as practicable.
Upon what conin county to be made.
ditions no draft
How to fix the number which each company
in the co. shall
How draft to be
9. For the purpose of the draft each county shall be divided into as many companies as the quotient of the conducted. division of the number of the militia of the county, after deducting those exempt from service, and those not subject to draft, by the number 101. The Commissioner or Commissioners for the county shall, after the number of companies for the county are ascertained, number each company, and then determine to which company the men upon the roll of the county, subject to draft, shall belong, and shall assign and set apart the men subject to draft, to their respective companies, giving to each company an equal number of men as near as practicable. In making such
assignment and distribution of the men, it shall be the duty of the Commissioner or Commissioners to throw men residing upon contiguous territory into the same company, as far as practicable.
§ 10. The total number of men in any county liable to draft, shall be divided by the number of the drafts the county is required to furnish, and the product shall be the number to constitute a class out of which one man shall be drafted for the service, and to perform the tour of duty required. A time and place shall be designated for the meeting of the members or men constituting each company, to be fixed by the Commissioner or Commissioners of the county, of which due notice shall be given in such manner as the Governor may prescribe. It shall be the duty of each member of the company then and there to attend in person. One or more Commissioners, as the Governor may direct, shall also attend and superintend and conduct the draft. The members of each company shall be divided into as many classes as the number requisite for a class will go as devisor in the whole number of the company. If there be a number left when the whole number of the company is divided by the number of a class, the number so left shall be denominated supernumeraries, and these supernumeraries shall be taken out of the company by lot before the draft takes place. Those who are supernumeraries, and those who shall constitute a class, shall be determined by lot in the following manner: There shall be as many tickets formed of white paper, of equal size, as there are members in the company. The name of a member of the company shall be written on one of the tickets, so that every member's name is written on a separate ticket. The tickets shall then be folded up in the same way as to conceal the name written thereon, and so as to make them, after they are folded, as much alike as possible. When the tickets are thus prepared they shall be placed in a suitable box, prepared for the purpose, and shall be well shaken together by the Commissioner. A man of good character, and not a member of the company, shall then be selected by the Commissioner to draw the tickets from the box. He shall draw but one ticket at a time, and hand it to the superintending Commissioner, who shall open it in the presence of the bystanders, and declare aloud the name contained therein, and hand it, in their presence, to the clerk, who shall record the name and declare aloud whether the Commissioner announced the name correctly or not. The man selected to draw the tickets from the box shall be blindfolded so that he cannot see when he does it. If there be supernumeraries in the company then there shall be drawn from the box as many tickets as there are supernumeraries, and the name written on the tickets so drawn shall be recorded by the clerk as
supernumeraries. When all the supernumeraries have thus been drawn from the box, then a number of tickets shall be next drawn equal to the number constituting a class, and the clerk shall record the names so drawn as constituting class No. 1 of the company. In like manner an equal number of tickets shall be drawn from the box, to constitute class No. 2 of the company, and recorded by the clerk. The Commissioner, drawer of the tickets, and clerk shall thus proceed until all the tickets are drawn, and all the classes are formed. As the tickets are drawn to constitute the classes the clerk shall indorse the same, "class No. 1," "class No. 2," and so on, according to the fact; and after the drawing is over, and it is ascertained that no mistake has occurred, the tickets so indorsed shall be delivered to the men, each being entitled to the ticket on which his name is written, so that each may know the class to which he belongs.
11. After the classes have been formed, time shall be allowed the members of each class, not exceeding one hour and a half, to meet together, and consult and decide among themselves which of them will report himself for service, and agree to perform the tour of duty, and thus relieve the class from an actual draft. If any one shall so agree, and shall report himself to the Commissioner, the clerk shall enroll his name as the person drafted, by his consent, from the class of which he is a member; or if the class shall furnish an able-bodied substitute, not of their number, possessing other requisites, and of full age, such substitute, by his consent, may be enrolled as the person drafted for the class; and such person so enrolled and accepted by the Commissioner shall perform the tour of duty required, and relieve the class from actual draft, and if any money or property is paid, or agreed to be paid, to said substitute, as a bonnty, the same shall not be liable to be taken by any process for debt.
§ 12. When the time allowed the classes for consultation has expired, and no member of the class has reported himself, and consented that his name shall be enrolled, and that he will perform the tour of duty, and no substitute has been furnished, as provided in the preceding section, then the tickets containing the names of each member of the class or new tickets, with their names written thereon, and prepared in every respect as hereinbefore required, shall be placed in the box, and the person selected to draw the tickets shall be again blindfolded, and after the tickets have been well shaken in the box by the Commissioner the person blindfolded shall draw from the box one of the tickets, which shall be opened, and the name therein read aloud by the Commissioner, and the person whose name has thus been drawn and read shall be the person drafted to serve the tour of duty required, and shall be enrolled by
Penalty for fraudulently
the clerk accordingly. After this is done the remaining tickets in the box shall be carefully examined by the Commissioner and Clerk to see that the proper number of tickets are left, and that no one of them contains the name written on it which was first drawn from the box and enrolled as the person drafted, and in every respect to see that no fraud has been practiced.
§ 13. If any person employed as Commissioner or Clerk, or to draw the tickets from the box, shall be guilty of any conduct'g draft. fraud, with the intent to favor any one or more of the members of any class, and with a view to prevent any member thereof from being drafted; or shall, by any fraudulent act, device, or contrivance, cause any person or member of the class to be drafted or enrolled by the clerk as drafted, on conviction thereof, by a court of competent jurisdiction, he shall be punished by confinement in the jail and penitentiary of this Commonwealth for any period not less than one year, nor more than four, in the discretion of the jury.
14. The persons whose names have been recorded by the clerk as supernumeraries, and taken out of each company in the county, shall constitute a body of men out of which one or more classes shall be formed by the Commissioner or Commissioners for the county, in accordance with the rules herein before prescribed, and each class, so formed, shall procure one of its members to perform the tour of duty required, or furnish a substitute in pursuance of the rules and regulations aforesaid, and if it be not done, then the Commissioner or Commissioners shall draft a man from each class to serve the tour of duty required. If, in the formation of classes out of the supernumeraries there be any number of men left, but not enough to form a class, the men so left shall be distributed by lot among the classes formed, so as to make them as nearly equal as may be. The Commissioner or Commissioners for the county shall fix a time and place for the meeting of the supernumeraries of the county, for the purpose of forming them into classes as herein provided, and for the purpose of obtaining from each class a man to perform the tour of duty as is herein provided for, and by public proclamation, to be made on the day it is ascertained who are supernumeraries, notify them when and where to meet. The supernumeraries shall meet in pursuance of the proclamation or proclamations made, and at such meeting the provisions of this section shall be carried fully into effect.
§ 15. All persons who may be drafted, or who shall report themselves for service, and agree to perform duty, or who may be accepted as substitutes, as provided for in this act, shall meet at the court-house of their respective counties, or at the court-house in any adjoining county, at such time as the Governor may direct, of all which the Commissioner or Commissioners shall give notice, by public proclamation