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of September, and the privilege of supplying the deficit in each township extended up to the day of draft. Many townships availed themselves of this privilege, and the deficiency of 6,060 was reduced before the draft, by volunteers, to 3,003, which was the number drafted. The draft took place on the 6th of October, but, in order to allow the persens drafted the opportunity to vote at the fall election, they were not required to report themselves at their respective county seats until the day after the election. At the time fixed, the drafted men, with few exceptions, were on hand. Conceding the fact that a draft is obnoxious to the people of Indiana, this prompt submission is conclusive evidence of the strong and well fixed regard for law of the people of Indiana. The draft was attended with no disturbance, except in the county of Blackford, where a few lawless persons, by violence, prevented it taking place; but such measures were adopted that it took place in that county, without any attempt at interruption, on the third day afterward.
The enrollment of the militia was the first ever made in the State. It gives us the actual military strength, not only of the State, but of every county and township. It also shows the num ber of volunteers furnished by each township. The enrollment furnishes the following general results:
Total militia enrolled. ...
Total exempts from physical causes.
Total exempts from conscientious opposition to bearing
Total volunteers in service..
Total subject to draft...
The total militia does not include volunteers in service, and to get the actual total of militia belonging to the State, we add the two together, making 302,257, and if we deduct from this the two classes of exempts, 36,038, we have 266,219 as the actual number belonging to the State, subject to military duty. Of this number 93,041 are already in the service, leaving 173,178 liable to draft.
I have prepared a table showing the result of the curollment in cach county, which is filed herewith and made a part of this report, and which, as a statistical table, I regard as valuable and interesting to every citizen of the State. The reports of the Enrolling
Commissioners for each county I have caused to be properly arranged and bound, and they constitute a permanent and valuable addition to the statistics of our State.
It is proper that I should make a statement in regard to the conscientious exempts.
Section 6, of article 12, of our State Constitution, provides that "No person, conscientiously opposed to bearing arms, shall be compelled to do militia duty; but such person shall pay an equivalent for exemption, the amount to be prescribed by law." Our Legislature has omitted to prescribe any amount for the equivalent, or to enact any regulations for its collection. Section 1 of the Act of Congress of July 17, 1862, authorizes the Secretary of War, where there is no State law, or where the State law is deficient, to adopt such rules and regulations, in regard to calling out the militia, as he may deem best. By virtue of this Act, the Secretary of War fixed the equivalent for exemption at $200. Those who claimed the benefit of the constitutional provision, and established their clains before the Commissioners of their respective counties, numbered 3,169, as is shown by the reports of the Commissioners. Each Commissioner was "enjoined to look carefully into all such claims, and to see that the exemption was not extended beyond what was contemplated by the Constitution."
It having been thus established that they were "conscientiously opposed to bearing arms," they were exempt from the performance of militia duty, and were not subject to draft. But as this exemption is, by the Constitution, to be followed by the payment of an equivalent, and that equivalent having been fixed by the War Department at $200, I directed its collection. A portion of the religious society known as Orthodox Friends, objected to its collection on two grounds: First, that no equivalent should be required; Second, that if the equivalent were required, the mode adopted was not equitable. As I was unable to see the force of the objection, they appealed from my action in the premises to yourself, and to the War Department. In explanation of the course pursued by me toward this class, I drew up a statement of the mode adopted, and the reason for its adoption, which was submitted, with the written objections of the remonstrants, to yourself, and also to the War Department. That statement I herewith file, and make a part of this report. I have since had a consultation, at Washington, with the Assistant Adjutant General, who had the immediate charge of the draft, in relation to the enforcement of
the collection of the equivalent. After a mature examination of the whole matter, he doubts the authority of the war power to enforce payment, deeming it a matter more appropriately belonging to State legislation. This conclusion of the War Department, and the absence of State legislation, make it impossible for me to act further in the premises. I had previously received, by voluntary payments, about $21,000, on equivalents, from members of the religious society known as Dunkers.
When I accepted the office of General Commissioner, the whole subject of the draft was new to me, as it was to all who have been connected with it. To make it operate equitably, and to avoid all injustice to any one, has been my constant aim. The task has been one of much labor and difficulty, but it has been discharged to the best of my ability. The officers connected with the draft, in the different counties, have generally performed their duties faithfully and well. Where any errors were committed and reported to me, either by the Commissioner or the injured party, they were promptly rectified. If any cause of complaint exists on the part of any one, where the power to remove the cause was vested in me, I have no knowledge of the fact.