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34 Judge Advoc. J. 1 (1962)

handle is hein.journals/jajrnl36 and id is 1 raw text is: Conscription By The STATE Through The. Time Of The Civil War By William Lawrence Shaw * We must train and classify the whole of our male citizens 1 I. INTRODUCTION State, sometimes called a State An astonishing feature of the evolution of the State Draft from War between the States is the vast the earliest Colonial beginnings total number of men enrolled in through the War of Independence, each of the Union and the Confed- 1812, 1846, and 1861-1865. Par- erate Armies. Over 2,500,000 men ticular attention will be devoted to passed -through the Union ranks.2 New York and to Louisiana. While opinion varies as to the end In using the term 'State', ref- count, 1,230,000 men have been erence is made to the individual estimated as the maximum number American State and not to the cen- of Confederate forces.3 tral government, either Federal or How were 3,750,000 individuals Confederate. We shall regard the brought into military service dur- militia aspect in State recruitment ing a total war? Volunteering as and draft and trace the course of a mode of admission suggests it- the volunteer, organized militia. self. Conscription or draft is an- The fluctuations in the size of the other method of inducing service. U.S. Regular Army will be noted. In this study, we shall especially By way of terminology, 'conscrip- consider the impact of obligatory tion' and 'draft' are viewed as in- military service enforced by the terchangeable terms referring to * The author, a lieutenant colonel in the California (Army) National Guard is a member of the California State Bar, a graduate of Stanford University and Law School, a Deputy Attorney General of California and a member of the Staff of the Adjutant General of the California National Guard in the Selective Service Section. He is the Executive Secretary of the Civil War Centennial Commission of California and the President of the Sacramento Civil War Round Table. 1 Thomas Jefferson, 1813, letter to James Madison: quoted in Stern, The Citizen Army 137 (1957). 2 Fish, Conscription in the Civil War, 21 Amer. Hist. Rev. 100-3 (1915): Final Report to the Secretary of War by the Provost Marshal General of the Operations of the Bureau of the Provost Marshal General, Part I (hereinafter termed PMG I, or II for Part II) App. Doc. 6, 142. a Livermore, Numbers and Losses in the Civil War in America, 1861- 1865, 63 (Civil War Cent. Ed. 1957).

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