Daily national Republican., 1863-06-25
OFFICIAL NOTICES.
n F FL c I A L .
was DEPARTMENT,

"AM DEfAnTmEuT,l
PRovosT MANUAL eESEIkLs orrieE,
WAaHiSoroH CRY, June 9, Issl.
The following opinion Of Hon. William Whiting,
soeicltor Of the War Department, has been ordered
to be published By the Secretary Of War;
OPINION
tis made the duty Of the Provost MArshaIs " 10
obey al awful orders and regulations Of the Pro.
voSt Marshal General, and such As shall be pre-.
soribed by law concerning the enrolment aOd call.
Ing into service Of the national ioroes." Act
March q, 1898, section 7,
The twenty-hfth section Of the same act provides
"thNt II any person shah resist any draft Of men
enrolled under this act into the service OF the Uni
ted states, or shall counsel or aid any person to
resist any such draft, shall assAult obstruot
ans oficer in making such draft or In the perform
AnCe OF any service in relation thereto, or shall
counsel any person TO assault or obstruct any such
Off ser, or shall counsel any drafted men not TO APP
year At the place Of rendezvous, or wilfully dis
suIde them from the performance Of military duty
AZ required BY law, such person shall be subject TO
summary arrest by the Provost Marshal, and shall
be forthwith delivered 10 the civil authorities and
| upon conviction thereof, be punished by hne not
ex' eeding Ave hundred dollars or by imprisonment
not exceeding two years, or BY both Of said pun
| Iishments"
TO do any act which will prevent or impede the
enrolment Of the national forces, (Which enroll
meat preliminary AID essential 70 the draft y 10
10 prevent or tulpeoc the GRAFT ltAelE
The enrolment is =" service 10 be pefform~d by
the Provost Marshal In relation 10 the draft" II
l. not the act of drawing ballots out Of ballot
box ITSELF but II Is ain relation TO IT," and Is the
arbt step that must by law be taken preparatory
to drAft. ia therefore clearly within the duty of
the Provost Marshal to subject all persons who
obstruct the enrolment, the Getting OF the board,
or any other proceeding which lG prelm nary and
essential TO the daft to summary arrest according
10 the provisions Of section IS.
! here are many ways Of ubsttuctIng officers In |
the performance Of their "services duties in |
making, or in relation to, the draft" without en-
ploying physical force. The neglect or refusal to
do act required by law to be done may itself be
such an Construction as to subject the offender
tD arrest.
Suppose person to be found standing in a pas
sEgo through which the drafting officers were re-
qured to enter iato place designated by law as the
place for draft, and suppose that his standing in
that place would prevent access by these Office
to the place Of draft.
II they request him to move away, and he ne |
glects refuses to do, for the purpose Of pre-
venting the draft, the non.performance OF the act
of removal would be itself an obstruction Of the
draft, or OF an officer in the performance Of his
duty IN relation to it."
Standing mute, in civil courts, is, under certain
circumstances, a punishable offence; and 80, II
person, with intent to prevent the draft refuses
| to give his true name when lawfully requested so
20 do by an ocer whose legal duty Is TO ascertain
and cHrol II, It is obstruction Of that officer In
thu performance Of one OF his duties In relation to
the draft. So also Of the giving OF false names
with the same illegal intent, HLG the offender will
in either case, be subject to gdmmary arrest r. a.
Provost Marshal, INT
(Sisnedl WILLIAM WHITING.
Solicitor Of the Var Dep,rtment.
tat, JAMES d. FRY,
yetI Provost Marshal General.