506 REPORT OF J. P. SIDDALL, DRAFT COMMISSIOSER. / REPORT OF J. P. SIDDALL, ■J^i^-DRAFT COMMISSIOJiEK. S J ?4-7 2.000 COPIES ORDERED TO BE PRINTED. INDIANAPOLIS: JOSEPH J. BINGHAM, STATE PRINTER 18G3. REPORT OF THE DRAFT COMMISSIONER. General Commissioner's Office, Indianapolis, December 26, 1862. Oliver P. Morton, Governor of Indiana: ^ I submit the following report as Draft Commissioner of this State : On the 9th of August the following dispatch was received from the Secretary of War: "Your quota of the 300,000 militia is 21,250." And on the 10th, the following: " Your quota of the first call for volnteers would be the same." Thus the number required of Indiana, under the two calls, was 42,500. By the 20th of Sep- tember, both of these calls had been filled by volunteers, except ^ 6,060, for which number it became necessary to draft. In assign- ing the quota of each township, credit was allowed for all volun- teers previously furnished. Under this arrangement 635 townships had furnished the number required of them, leaving the deficiency to be supplied by the remaining 334 townships. All the townships in the following counties had supplied their entire quota: Brown, Clay, Crawford, Daviess, Jennings, Lawrence, Newton, Parke, Perry, Scott, Spencer, Switzerland, Vermillion, Warren, and White. The draft assignment extended to seventy-seven counties, but the deficiency in eighteen of them was supplied before the draft was made. The quota of each township was assigned on the 20th 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 respec- tive county seats until the day after the election. At the time fixed, the drafted men, with few exceptions, were on hand. Con- ceding 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 j 209,216 Total volunteers 100,277 Total exempts from physical causes 32,869 Total exempts from conscientious opposition to bearing arms 3,169 Total volunteers in service 93,041 Total subject to draft 173,178 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 enrollment in each county, which is filed herewith and made a part of this report, and which, as a statistical table, I regard as valuable and interest- ing 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 com- pelled to do militia duty; but such person shall pay an equivalent for exemption, the amount to be prescribed by law." Our Legis- lature 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 claims 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 f 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 sub- mitted, 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 belong- ing 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 volun- tary 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 faith- fully 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. J. P. SIDDALL, General Commissioner. r> o c xj M E :rsr T s RELATING TO THE DRAFT. GENERAL ORDERS. General Order, ^ State of Indiana, > General Commissioner's Office, No. 1. ) . Indianapolis, August 21 , 1862. 1. The time for the completion of the enrollment lists by the Commissioners, and of the meeting of the Board to determine exemptions from draft, is hereby extended to the 1st day of September next. 2. The time for making the draft is postponed to the 15th of September, at which time it will be made as heretofore ordered. 3. Notices of the meeting of the Board must be given by the Commissioners in the manner previously ordered. 4. The Constitution of our State provides that "no person conscientiously opposed to bearing arms shall be compelled to do militia duty; but such person shall pay an equivalent for exemp- tion." In pursuance of this provision, all members in good stand- ing, of any religious denomination, who make opposition to bearing arms an article of faith, are exempt from militia duty, upon the payment of such sum as shall be hereafter fixed. By order of O. P. Morton, Governor. J. P. SIDDALL, General Commissioner. J. J. Hayden, Secretary. 10 General Order, J State of Indiana, > General Commissioner's Office, No. 3. ) Indianapolis, August 23, 1862. A-S the Constitution provides that "no person conscientiously opposed to bearing arms shall be compelled to do militia duty," and further provides that " such person shall pay an equivalent for exemption," the following regulations are adopted to carry out said provisions: 1. The Board to determine exemption shall treat such persons as exempt, and shall enter upon the enrollment list the cause ojf exemption. 2. In determining who are embraced within the provision referred to, the fact that a person is a member, in good standing, of any religious denomination who make opposition to bearing arms an article of faith, may be regarded as prima facie evidence of being entitled to such exemption, but this is not to be conclusive; other evidence is admissible in such cases, as well as in those where per- sons are not members of such denominations. The Board is enjoined to look carefully into all such claims, and see that the exemption is not extended beyond what is contemplated by the Constitution. 3. At the time fixed for making the draft, ballots containing the names of all persons exempted by the Board, under the provisions above cited, shall be placed in a separate box, and ballots shall be drawn therefrom in the manner provided in section o, of General Orders, No. 73. The names of residents of each township shall be placed in the box and drawn from separately, as in other cases. The number or ratio to be drawn in each township will be fur- nished. The persons so drawn shall each pay to the Marshal a sum to be hereafter fixed, as an equivalent for such exemption, and on failure to pay said sum, the Marshal shall distrain and levy upon and sell the property and effects of such delinquent, in the manner provided for sales upon executions at law, but without regard to appraisement or exemption laws. By order of O. P. Morton, Governor. ' J. P. SIDDALL, General Commissioner. 11 State of Indiana, General Commissioner's Office, Indianapolis, August 26, 1862. To secure throughout the State some uniformity in the inspection of drafted men, who apply for certificates of exemption, it will be understood that while much is left, necessarily, to the good judg- ment of the Examining Surgeon, slight defects, which might be sufficient for the rejection of recruits for a long period of time, shall not exempt • from draft. Able-bodied, effective men, such as would honestly be accepted as volunteers, after a careful inspection, shall not be exempt on account of immaterial defects. As hints of what shall not exempt, the following are given : 1. Loss or imperfect vision of left eye. 2. Partial loss of front teeth. 3. Slight or infrequent attacks of hemorrhoids. 4. Slight deformities of limbs, with unimpaired motion. 5. Loss of last joint of one or two fingers of left hand, or of one finger of the right hand, other than the forefinger. 6 Slight varicose veins, below the knee, or slight varicocele. The following are causes for exemption: 1. Loss or imperfect vision of right eye. 2. Loss of all the front teeth, and enough of the molars to render mastication imperfect. 3. Large or frequent attacks of hemoiThoids, or chronic diarrhea. 4. Deformities which impair free motion of limbs. 5. Loss of more than one finger of right, or more than two fingers of left hand. 6. Large varicose veins above the knee. 6. Large or irreducible hernia. Cases of reducible hernia are left to the sound discretion of the Surgeon, under the general principles herein stated. 8. All organic or functional diseases causing marked debility — . heart diseases, epilepsy, or organic disease of lungs — will be causes of exemption. It is believed that general principles of the above character should be the guides for Examining Surgeons, the aim being to secure effective men, and, at the same time, not to excuse those fitted for the service, on trivial or insufficient grounds. By order of the Governor. J. P. SIDDALL, General Commissioner. 12 General Order, ^ State of Indiana, y General Commissioner's Office, No. 4. ) Indianapolis, August 28, 1862. 1. Every white male, of foreign birth, of the age of twenty-one years and up to forty-five years, who shall have resided in the United States one year, and shall have resided in this State six months immediately previous to enrollment, and shall have declared his intention to become a citizen of the United States, conformably to the laws of the United States on the subject of naturalization, should be enrolled by the Commissioners. 2. All persons of foreign birth, between the ages of eighteen and forty-five years, who have exercised the right of sufi'rage in this State, should be enrolled. By order of O. P. Morton, Governor. J. P. SIDDALL, General Commissioner. General Order, ^ State of Indiana, > General Commissioner's Office, No. 6. ) Indianapolis, September 17, 1862. The time for drafting was fixed, in a previous order, for the loth instant. At the time that order was issued, it was not doubted that all necessary arrangements for the draft would be completed before the time mentioned. It is now ascertained that the time required for the Enrolling Commissioners of the several counties to perform their labors, was under-estimated. The townships in the State number over one thousand, and the quota of each is to be assigned here, but nothing could be done toward making the necessary com- putations until returns from the Commissioners were all received. The returns are now all in, and the quotas of the several townships in each county will be forwarded to the Enrolling Commissioners of the several counties before the close of the present week, if pos- sible. Each township will thus be enabled to ascertain its defi- .ciency, and if that is supplied by volunteers before the day fixed 13 for the draft, then no draft will be made in that township; and if the deficiency is only partly supplied by volunteers, then the draft will only be made for the residue. The name, residence, and num- ber of the regiment of each volunteer, should be promptly reported to the Enrolling Commissioner for his county, who is directed to keep a list of such volunteers, embracing all those who have enlisted from each township in his county, since his report to this office, and up to the day fixed for the draft. According to data furnished by the General Government, the number to be yet supplied by Indiana, to relieve her from a draft, is about six thousand. This number, when distributed among the townships of the ninety-two counties in the State, may be readily raised by volun- teers, and the draft wholly avoided. Indiana has in the field and in camp over ninety thousand volunteers, and after having thus liberally and promptly responded to the calls made upon her by the General Government, it is confidently believed that no resort to a draft will be necessary to raise the small number yet required to fill the complement. Let each township immediately devote a few days earnestly to the work of raising volunteers, and the desired result will be attained. To facilitate such eflbrts, volunteers will be received for twelve months, instead of three years as heretofore. The draft will take place on the 6th of October next, in every township in which any deficiency exists at that time. Commissioners are enjoined to give prompt notice of this order, and also of the quota, when furnished, in each township in their respective counties. The lists of volunteers required to be kept by the Commissioners under this order, will be forwarded to this office when completed, so that the original enrollment lists returned here may be corrected, and thus be ready for use in case of any future call by the Government. In addition to the six thousand volunteers required to avoid a draft, six thousand more volunteers, for twelve months, will be accepted from the State at large. Passes to leave the State are no longer required, and none will hereafter be issued. By order of the Governor. J. P. SIDDALL, General Commissioner. THE MILITIA OF INDIANA. General Commissioner's Office, Indianapolis, September 19, 1862. The following table is based on the returns of the Enrolling Commissioners for this State. It is confined to counties, the town- ships numbering over one thousand, being too numerous for general publication. The first column shows the total militia enrolled — by deducting from it tlie third and fourth columns, we have the sixth column, which shows the number subject to draft. The second column contains the whole number of volunteers from the State, whether in or out of the service; by deducting from this column those who have withdrawn from the army we have the fifth column, which shows the number of those now in the service, and also those who have died in the service. J. P. SIDDALL, General Commissioner. 15 TABULAR Statement of the Indiana Militia. COUNTIES. Adams Allen Bartholomew . Benton Blackford Boone Brown Carroll Cass Clark Clay Clinton Crawford Daviess Dearborn Decatur Dekalh Delaware Dubois Elkhart , Kayette Floyd , Fountain Franklin Fulton Gibson Grant Greene Hamilton Hancock Harrison Hendricks Henry Howard Huntington. .. Jackson Jasper Jay Jefferson Jennings Johnson Knox Kosciusko La,;;raiige Lake Laporte Lawrence Madison Marion Marshall Martin Miami Monroe Montgomery.. . Morgan Newton Noble Ohio Orange Owen Parke Perrv , Pike". Porter Po.sey Pulaski Putnam 1105 5361 2753 515 675 2711 858 237S 2728 27S2 1665 2240 1110 1830 3252 2884 2347 2524 1491 3483 16(^1 3329 2514 2705 1481 1932 2409 1867 2769 1919 25,84 2443 3258 2001 2544 2330 556 1733 2778 2007 2515 2519 3018 2047 1541 3943 1732 2904 7785 2303 1008 2844 1?28 3553 2224 461 2578 796 1453 1968 2389 1030 1386 1901 2441 957 2934 507 1404 15!»2 262 170 11.34 502 977 1328 1688 1099 1031 868 1237 1753 1353 758 1126 718 1461 633 1120 1024 10.54 670 1430 9:18 1432 1186 918 1195 LS52 1263 890 798 1607 439 649 2011 1611 1010 1322 1268 750 650 1663 1500 ]li;6 2675 715 821 1065 1039 1250 1232 278 973 387 1023 1111 1266 1254 993 909 1343 494 1336 290 551 301 47 78 i297 163 427 305 485 358 318 232 227 345 432 240 308 1G2 482 186 440 254 412 324 3CG 212 294 271 206 488 506 493 306 504 24i; 73 192 5C5 325 294 549 519 420 314 ■ 631 358 420 1091 367 113 405 298 620 435 95 468 133 313 414 623 173 229 303 429 101 690 ^o^ 19 235 250 47 1 150 113 211 47 1 118 3 41 93 37 1 19 9 110 >a 496 1361 1594 24!) 156 1171 486 903 1257 1612 1053 962 823 1128 1528 888 73] 982 690 1347 560 1067 1002 977 660 1350 786 1381 1070 828 1139 1271 1088 837 751 1519 422 621 1826 1488 945 1322 1165 653 625 15(54 1500 1090 2412 630 765 996 840 1204 1188 245 926 299 992 1084 1218 1225 891 837 1276 467 1256 728 4773 2418 468 597 2354 693 1871 2413 2297 1307 1870 887 160S 2907 2451 2105 2197 1257 2766 1495 2884 2259 2293 1155 1566 2078 1565 2248 1666 2095 1787 2652 1484 1993 2082 483 1535 2275 1665 2251 1970 2414 1536 1227 3297 1374 2463 6021 1871 895 2321 1527 2892 lf;96 364 2073 6U2 1121 1545 1656 1457 1157 1597 2012 856 2244 16 TAB ULAR Statement of the Indiana Militia — Continued. 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 Randolph . . ■ ■ Ripley Rush Scott Shelby Spencer Starke Steuben St. Joseph... Sullivan Switzerland. . Tippecanoe . . Tipton Union Vanderburgh Vermillion. . . Vigo Wabash Warren Warrick Washinoiton. . Wavne Weils White AVhitley 2672 2583 2692 876 3286 2127 413 1816 3061 2267 1730 4747 1263 1188 3.')36 1386 3551 2730 1420 2085 2352 4519 1589 VX\~ 1828 Total 209 216 1303 1378 914 650 1233 1337 117 687 1127 1098 1052 23T9 642 381 1641 951 19'J3 1229 1180 994 1339 2041 614 751 556 260 241 344 203 424 428 121 410 348 506 304 6.i9 259 169 401 285 600 230 231 567 493 680 200 258 180 >, bo a " .5 iu m Im u COITNTIES. a 3 > P. a (U X ii. -11 a -: 3" 3 M cs 4 a -0-.! o«> Z, H H H H H H 35 266 12 20 45 100,277 32,869 3,169 1182 1244 825 641 973 1337 92 648 91)5 1(167 991 2047 0(13 246 1550 932 1815 1145 118(1 016 1272 1893 5s9 700 513 2281 2342 2262 673 2860 1699 296 1406 2659 1761 1426 4055 991 1007 3135 1106 2951 2412 1189 1518 1824 3573 1377 10.59 1597 93,041 173,178 DRAFT ASSIGNMENT TO THE YIRIOUS TOWNSHIPS OF THE STATE. State of Indiana, General Commissioner's Office, Indianapolis, September 20, 1862. The following table shows the number to be drafted in three hundred and thirty-four townships in the State. Six hundred, and thirty -five townships have furnished their full quota; these are not named in the table. The following fifteen counties have supplied their entire quota: Brown, Clay, Crawford, Daviess, Jennings, Lawrence, Newton, Parke, Perry, Scott, Spencer, Switzerland, Vermillion, Warren, and White. J. P. SIDDALL, General Commissioner. ADAMS COUNTY. Preble 13 Kirkland 3 French 13 Hartford 8 Total 37 ALLEN COUNTY. Wayne 368 Washington 8 Springfield 2 St. Joseph 23 Perry 31 Madison 28 Marion 46 D. C. R.— 2 Maumee 5 Milan 16 Lake 21 Jefferson 19 Adams 17 Pleasant 5 Scipio 4 Jackson 4 Total 597 BARTHOLOMEW COUNTY. Union 11 Clay 2 Harrison 10 Rock Creek 1 Total 24 18 BENTON COUNTY. Prairie 8 BLACKFORD COUNTY. Licking 11 Washington 38 Harrison 3 Jackson 28 Total 80 BOONE COUNTY. Jefferson 25 Union 10 Eagle 18 Perry 6 Jackson 59 Worth 27 Total 145 CARROLL COUNTY. Jackson 1 Madison 4 Carrolton 7 Washington 21 Rock Creek 3 Burlington 18 Clay 11 Jefferson 8 Total 73 CASS COUNTY. Boone 13 Harrison 2 Jefferson 21 Adams 9 Washington 25 Tipton 24 Deer Creek 23 Total 117 CLARK COUNTY. Silver Creek 10 CLINTON COUNTY. Washington. 8 Madison 26 Ross 13 Kirklin 7 Owen 17 Total 71 DEARBORN COUNTY. Harrison 22 Logan 22 Kelso 44 Jackson 14 Caesar Creek 6 Total 108 DECATUR COUNTY. Sand Creek 8 Marion 37 Total 45 DEKALB COUNTY. Butler 22 Jackson 15 Wilmington 6 Union 17 Richland 33 Fairfield 48 Smithfield 30 Franklin 34 Troy 13 Total 218 19 DELAAVARE COUNTY. Mt. Pleasant 8 Union 2 Perry 5 Delaware 9 Total 24 DUBOIS COUNTY. Patoka 6 Ferdinand 61 Total 67 ELKHART COUNTY. Clinton 12 Benton 6 Jackson 28 Harrison 47 Baugo 6 Union 24 Locke 5 Total 128 FAYETTE COUNTY. Cotniersville 6 Orange 1 Harrison 5 Posey 27 Waterloo 18 Fairview 13 Total. 70 FLOYD COUNTY. New Albany 229 Lafayette 24 Total 253 FOUNTAIN COUNTY. Jackson 47 Mill Creek 5 Fulton 4 Cain 26 Van Buren 13 Richland 41 Total 136 FRANKLIN COUNTY. Springfield. ; 14 Bath 15 Whitewater 26 Highland 58 Ray 62 Butler 21 Total 196 FULTON COUNTY. Aubbeenaubbee 17 Richland 8 Henry 3 Total 25 GIBSON COUNTY. Johnson 3 GRANT COUNTY. Van Buren 30 Washington 20 Pleasant 20 Richland 12 Monroe 5 Jefi'erson 16 Fairmont 17 Liberty 8 Total 128 20 GREENE COUNTY. Cass 8 HAMILTON COUNTY. Delaware 12 Jackson 35 Total ; 47 HANCOCK COUNTY. Blue River ! . . 1 Brown 8 Greene 5 Jackson 12 Total 26 HARRISON COUNTY. Posey 20 Franklin 19 Webster 1 Total 40 HENDRICKS COUNTY. Eel River 23 Union 9 Total 32 HENRY COUNTY. Dudley 16 Liberty 65 Greenboro 1 Prairie 17 Stony Creek 21 Jeflerson 7 Blue River 33 Total 160 HOWARD COUNTY. Centre 18 Monroe 1 Howard 5 Total 24 HUNTINGTON COUNTY. Clear Creek 16 Warren 17 Huntington 52 Rock Creek 16 Lancaster 15 Wayne . . . 12 Jefferson 20 Total 148 JACKSON COUNTY. Washington 8 Hamilton 9 Total 17 JAY COUNTY. Richland 27 Knox 13 Jefferson 23 Greene 12 Bear Creek 7 Noble 21 Total 103 VANDERBURGH COUNTY. Scott 19 Armstrong 19 German 43 Total 81 VIGO COUNTY. Linton 17 21 WABASH COUNTY. Chester Lagro Pleasant Total WARRICK COUNTY. Owen Lane. 12 29 6 47 Total. WAYNE COUNTY. Abington Boston . . Dalton . . Jefferson . Perry . . . Washington Total JASPER COUNTY. Kankakee JEFFERSON COUNTY. Graham JOHNSON COUNTY. 15 10 2 16 5 16 64 Nineveh .... Blue River. . Hensley .... Clarke Pleasant. . . . Union White River Total 156 KOSCIUSKO COUNTY. Jackson Turkey Creek 16 25 10 19 || 4 :i 27 •: 3 I' 9 !| 33 'I 61 ! Van Buren 9 Seward 7 Franklin 23 Harrison 7 Prairie 19 Jefferson 2 Scott 3 Total Ill KNOX COUNTY. Johnson 13 LAGRANGE COUNTY. Van Buren 22 Eden 9 Clear Spring 8 Milford 7 Total 46 LAKE COUNTY. North 19 St. Johns 32 Hanover 40 Total 91 LAPORTE COUNTY. Wills. 3 Pleasant 10 Union 20 Clinton 19 Cass 11 Dewey 7 Total 7 MADISON COUNTY. Adams 5 Jackson 12 Union 2 Richland 22 Lafayette 19 Pipe Creek 28 Monroe 38 Van Buren 14 Boone . . . 27 Duck Creek 10 Total 177 MARION COUNTY. Center 239 Pike 9 Lawrence 33 Total 281 MARSHALL COUNTY. Union 7 Center 53 Greene 2 Bourbon 8 German 37 North 22 Polk 12 West 10 Total 151 MARTIN COUNTY. McCameron 10 MIAMI COUNTY. Jefferson 2 Perry 29 Union 13 Richland 10 Washington '11 Clay 24 Harrison 9 Total 98 MONROE COUNTY. Benton 1 Salt Creek 4 Polk 12 Clear Creek 3 Indian Creek 2 Total 22 MONTGOMERY COUNTY. Wayne 25 Ripfey 16 Scott 8 Union 10 Franklin. 23 Walnut 35 Clarke 33 Total 150 MORGAN COUNTY. Jackson 13 Greene 7 Madison 6 Total 26 NOBLE COUNTY. Washington 10 Sparta , 10 Greene 6 Jefferson 8 Wayne 21 Allen 11 Albion 4 Total 70 OHIO COUNTY. Cass 15 ORANGE COUNTY. Jackson 1^ Greenfield 5 Total 20 OWEN COUNTY. Marion 10 23 PIKE COUNTY. Lockhart PORTER COUNTY. Portage Porter Boone Pine Total POSEY COUNTY. Robinson , PULASKI COUNTY. Tippecanoe Rich Grove , Franklin. Total . • PUTNAM COUNTY. Jackson Franklin Floyd Total RANDOLPH COUNTY. Greensfork Nettle Creek Jackson Total RIPLEY COUNTY. Adams Laughrey Total 11 2 12 2 3 .19 84 16 19 33 9 61 19 8 19 46 RUSH COUNTY. Posey 18 Walker 24 Anderson 2 Rushville 3 Jackson 20 Centre 30 Washington 19 Union 34 Total 150 SHELBY COUNTY. Jackson 20 Noble 32 Liberty 28 Hendricks 22 Union 19 Moral 20 Total 141 STARKE COUNTY. North Bend 11 Oregon 5 Railroad 6 Total 22 STEUBEN COUNTY. Jamestown 6 Fremont 13 Clear Lake 4 Salem 20 Steuben 5 Otsego 14 Total 62 ST. JOSEPH COUNTY. 18 II Olive . . . 27 II Warren. — I , German. 46 ii Clay... 17 9 10 2 24 Centre 28 Greene 7 Union 20 Liberty 11 Madison 39 Total 143 SULLIVAN COUNTY. Cass 8 Jefferson 6 Total 14 TIPPECANOE COUNTY. Wayne 4 Wabash 3 Total 7 TIPTON COUNTY. Wild Cat 10 UNION COUNTY. Union 9 Harmony 3 Liberty 28 Brownsville 25 Harrison 19 Total 84 WASHINGTON COUNTY. Polk... 4 Pierce 16> Total 20 WELLS COUNTY. Jackson 18 Chester 19 Liberty 2 Rock Creek 6 Union 17 Nottingham 28 Harrison 19 Total 109 WHITLEY COUNTY. Richland 6 Troy 9 Washington 38 Columbia 18 Jeflferson 34, Union 5 Smith 9 Thome Creek 34 Total 153 NSTRUGTIONS TO MARSHALS. State of Indiana, General Commissioner's Office, Indianapolis, October 9, 1862. To the Marshal of County : In the order in regard to collecting the $200 of the conscientious, no time is fixed for collection. I do not now fix any time, leaving it to your reasonable discretion. While it is desirable to have the money as soon as convenient, it is not designed to oppress or dis- tress any one. When a man is not able to pay the amomit, or if the payment would strip him of his household goods, or necessary tools in his trade, or those things necessary for his support, the collection is not enjoined. The former order is modified to this extent. The word " exemption " should be omitted, so as to allow every person to hold the amount allowed by our exemption laws. If a person has not more property than is exempt by law, you will simply return his name as being unable to pay. J. P. SIDDALL, General Commissioner. CONSCIENTIOUS EXEMPTS. General Commissioner's Office, Indianapolis, October 10, 1862. Oliver P. Morton, Governor of Indiana: ' Some complaints have been made to this ofTice by the class known as the "Conscientious Exempts," ;is to the manner in which it was ascertained who are to pay the required equivalent. As I have been unable to see the justness of the complaint, they have appealed to you. To aid you in determining the points involved, 1 deem it proper to state the mode adopted, and the reasons for its adoption. Our State Constitution exempts this class of persons from mili- tary service, but provides that they shall pay an equivalent. The provision is as follows: "No person conscientiously opposed to bearing arms, shall be compelled to do militia duty ; but such person shall pay an equivalent for exemption." If eiTor has been committed in the mode adopted, it consists in not requiring every person so exempt to pay the equivalent, instead of forty per cent, of that number. It is contended, by a number of good lawyer^, that the spirit and language of the Constitution requires that all persons claiming the benefit of this provision, should pay the sum fixed by the Secretary of War by virtue of an Act of Congress. I thought, however, the mode adopted more equitable, and within the spirit of the Constitution. The Constitution declares that " The militia shall consist of all able-bodied white male persons, between the ages of eighteen and forty-five years, except such as may be exempted by the laws of the United States or of this State." The same. Constitution exempts the conscien- tious, they, therefore, form no part of the State militia, and were not counted as such in fixing the quota of any township. Their names can not be placed in the box among those subject to draft, 27 because they are exempt by an express constitutional provision* Their exemption is not dependent on payment of the equivalent, but is complete prior to such payment, leaving the equivalent to be collected subsequently. If the payment had been made a condition precedent to the exemption, then their names would have been placed in the ballot box with others subject to draft; and on being drawn they would have been released only on payment of the sum fixed. But, as they were already exempt, this could not be done, and it was only left to mark them all as exempt on our books and provide for the payment of an equivalent. In the absence of the constitutional provision, their names would have been all placed in the ballot box and drawn the same as others. As they were exempt, they were deducied from the militia of each townshij). If the able-bodied men of a township, between the ages of eighteen and forty-five, numbered twelve hundred, and four hi.m- dred of that number were conscientious exempts, the township was only charged with eight hundred militia, and its quota based on that number. If the whole twelve hundred were treated as militia, it would have to furnish four hundred and eighty soldiers, being forty per cent., but, as the four hundred conscientious exempts are deducted, the township only has to furnish three hundred and twenty men, being one hundred and sixty less than its proper proportion. If the militia of the township, either by volunteers or draft, fur- nish the three hundred and twenty men, then the township has raised its quota and is released from further draft. Is it to be claimed that this releases the township from making compensation for the remaining one hundred and sixty men? They are still due from it, and have not been furnished. They are con- scientious exempts and can not be compelled to go; they are, therefore, required to pay an equivalent. It requires the three hundred and twenty drafted men or volunteers, and the payment of an equivalent by the one hundred and sixty conscientious exempts, to cover the whole proportion of the township, four hundred and eighty men. It can not be claimed, therefore, that because a township has filled its quota of drafts or volunteers that it has performed its whole duty. The fighting men of the township have paid the charge against them and nothing more, leaving the equivalent for '28 the four hundred conscientious able-bodied exempts wholly unpaid. For this reason two quotas were assigned to the township, one requiring three hundred and twenty men, being forty per cent, of of the militia to be furnished for the war, the other requiring one hundred and sixty men, being forty per cent, of the conscientious, to each pay an equivalent. The two united make four hundred and eighty men, or forty per cent, of the twelve hundred able- bodied men in the township. It is to be noticed that the three thousand one hundred and sixty-nine conscientious exen)pts are all able-bodied men between the ages of eighteen and forty-five years, and would constitute a part of the militia of the State, and be subject to be called into service, were it not that they are exempt on the ground of conscience. If any one of them is not able- bodied, he would be excused from the service on the ground of physical disability, and would be placed in that list of exemptions, and have no equivalent to pay. The conscientious exemption list is composed exclusively of those exempted on that ground alone. By the deduction of the whole number of such exempts from the total enrollment, the burden to be borne by the militia of the State would be increased unless that deduction was met by an equivalent. The general ratio of the State would be necessarily enlarged. The number raised by draft will probably fall one thousand below what was anticipated, on account of allowing credits to townships for volun- teers sent previous to the enrollment, but whose names were not obtained and entered by the Commissioners. This deficit can be properly supplied by paying the two hundred dollars equivalents of the conscientious exempts to an equal number of volunteers. There are probably one thousand of such drafted exempts able to .pay the equivalent. Thus the able-bodied man, who is exempt from military duty on conscientious grounds, furnishes the means by which another is induced to go, and the militia of the State is relieved from an unequal burden. As the conscientious exempt can not volunteer, or induce others to volunteer — as he can not be drafted or aid any drafted man in procuring a substitute — as he can not contribute money to war purposes — as his conscience for- bids hirn to render any active aid to any war — the Constitution requires some compensation for these exemptions. If the State is to be deprived of the active support of three thousand one hundred and sixty-nine able-bodied citizens in a great contest like this, some equivalent is required. The equivalent fixed by the War Depart- 29 ment is two hundred dollars. In determining who shall pay this sum, the whole number of soldiers required from this State, in pro- portion to the whole number of militia, was ascertained and found to be forty per cent. As the conscientious exempts have sent no volunteers to the war, they are not credited with any, and forty per cent, of them have been drafted and are required to pay two hun dred dollars each. In case a township has furnished no volun- teers, forty per cent, of the militia of that township is drafted. If volunteers have been furnished, the township is credited with them, and if the whole number has been provided there is no draft. If volunteers are furnished, they are of the militia, and are furn- ished by the militia. Conscientious exempts have not volunteered, neither can they furnish volunteers. They have nothing to do with furnishing the military quota of a township; they are to furnish the equivalent to be paid by that township. By claiming exemp- tion, they voluntarily place themselves out of the militia, and assume the payment of an equivalent. We have, then, two classes recognized by the Constitution — the militia and the conscientious exempts. Each class has its own special duties to perform; the first to perform or furnish military duty; the latter to pay the equivalent. If one class performs its duty, that does not exonerate the other class. If the exempts pay their equivalents that does not release the militia from the perform- ance of its duty, which is to raise whatever soldiers may be required; or, if the militia meets the demands of the General Government, that does not excuse the payment of compensation by exempts. Or, if the militia voluntarily contrilaute money to aid the Government, that does not release it from its peculiar duty of furnishing the necessary number of soldiers; or, if a conscientious exempt should contribute any thing to the war, that could not release him from his voluntary obligation to pay the equivalent. K either class does more than is required, the excess, above legal duty, must be credited to patriotism, and not claimed as an exemp- tion from constitutional obligation. I have tried to do justice to the three thousand one hundred and sixty-nine conscientious, without infringing on the rights of the two hundred and seventy-three thousand citizens of Indiana who are on the militia roll, and who are either in the service or liable at any time to l)e called on to perform miliiary duty. It is said that some exempts have sons in the army, if this be so, it does not affect the argument. The son is not conscien- 30 tiously opposed to war, or he would not be in the army. He is a fighting man and belongs to the militia and is enrolled in it, and thus increases the number of its quota. His name is not on the conscientious list, and therefore he is not counted in assessing the quota of that class. He is simply discharging his own duty to the Government as one of the militia, and whether he has one relation or fifty relations, it makes no difference, their duties are not dis- charged by his enlistment. It has occurred that two, and even four personts, have been drafted out of one family, yet the remaining meml)ers of that family are not relieved from militia duty. The Government regards every man able to do duty, as personally liable to do that duty, and he is not released from his obligation, because some relative has been called upon to perform his own part. There are about one thousand two hundred and fifty drafted con- scientious men in the State, who are required to pay two hundred dollars each, if able to pay it, if not able they are released from service without payment. Probably one thousand of those drafted are able to pay the sum required. I am confident I could procure the names of a larger number of those subject to draft, who have each voluntarily contributed more than two hundred dollars to war purposes, yet they are still liable to the draft. If any one thinks two hundred dollars is more than an equivalent for ex- emption, let him ascertain the present price of substitutes, and he will be satisfied on that point. K the Government would permit all persons to be exempted on the payment of two hundred dollars each, thousands would avail themselves of the privilege. Having thus explained the mode adopted, and the reasons there- for, I submit the whole matter for your consideration. J. P. SIDDALL, General Commissioner. APPEAL TO THE GOVERNOR, State of Indiana, General Commissioner's Office, Indianapolis, October 29, 1862. A portion of the class known as Conscientious Exempts having appealed from the action of the General Commissioner in relation to them to the Governor, all further action against them, by the Marshals of the several counties, will be suspended until the appeal is disposed of. As soon as decided, further instructions will be furnished. By order of the Governor, J. P. SIDDALL, General Commissioner, LIBRARY OF CONGRESS