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32 Judge Advoc. J. 1 (1962)

handle is hein.journals/jajrnl34 and id is 1 raw text is: THE CIVIL WAR FEDERAL CONSCRIPTION
By William L. Shaw*
What we need is a good army, not a large one.'

On 1 January 1861, the numerical
size of the United States Army was
16,367.2 On 1 May 1865, the same
army had expanded to 1,000,576 men
not including casualties and those
men discharged during the course of
the war.3
This remarkable increase of over
60 times the initial strength of the
army was not an easy transition
process. A trial and error method
of obtaining men was followed until
the very cessation of hostilities. The
federal government sought to raise
troops through successive stages of
calls for state militia, volunteering,
a presidential draft, and, finally,
the adoption of the Enrollment Act
of 3 March 1863. We shall review

these phases and consider the con-
stitutionality of the Act and judi-
cial review. There will be stressed
the Oakes Report of 9 August 1865
which made specific recommendations
for any conscriptive system of the
A. Voluntary Recruiting
In the organization of an army in
1861, the Confederacy gained at least
a six months start on the Union.4 At
the period of the inauguration of
President Abraham Lincoln, the Unit-
ed States were without an army of
any proportions.5
There were three phases of Ameri-
can military service existing by law

* The author, a lieutenant colonel in the California (Army) National
Guard is a member of the California State Bar, a graduate of Stanford
University, 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 an officer of the Sacramento Civil War
Round Table.
I General George Washington to the President of the Congress immediately
after the disastrous Battle of Camden on 17 August 1780: Upton, Military
Policy of the United States, p. VII (1907).
2 Upton, op. cit., 225.
3Selective Service System, Monograph No. 16, Problems of Selective Serv-
ice, p. 5-7 (1952).
Channing, A History of the United States: vol. VI, 'War for Southern
Independence', 398 (1925).
52 Draper, History of the American Civil War, 186 (1868).

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