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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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