Daily national Republican., 1863-06-15
n FF l G l A L
Wan DEPARTMENT, !

wan DEPARTMENT,
PRovoBT MARSHAL GEHERALs OFFICE,
wAaHINoIOR, D. c., June 9, 1889.
The following opinion of Hon. William Whiting,
solicitor OF the War Department, has been ordered
to be published by the Secretary of War;
OPINION ...s.....-.s
I 1t 10 made the duty Of the Provost MArshals "to
obey all lawful orders and regulations OF the Pro-
vost Marshal General, and such ~ shall be pre-
soribed by law concerning the enrolment and call
ing into service Of the national forces" Act
March ,, is63 Seetion7. u..... . y.a
The twenty fifth section Of the same act provides
"thAt II any person shall 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, or shall assault or obStruCt
any ofOer in making such draft, or In the perform
Anoe OF any service in relation thereto, or shall
counsel any person to AaaAult or obstruet any such
O1noer shall counsel any drafted men not to Rp-
pear at the place Of rendezvous, or wil1ully dis.
Suade them from the performance Of military duty
required by law, such person shall be subject to
summary arrest BY the Provost Marshal, and ahall
be forthwith delivered to the civil authorities and
upon conviction thereof, be punished by nne not
exceeding FIVE hundred dolarS, or by imprisonment
not exceeding two years, or by both Of said pun
iBhments."
To do any act which will prevent or impede the
enrolment OF the national forces, (which enroll
ment is preliminary and essential to the drAft) is
to prevent or impede the draft Itself.
The enrolment is . " service to be performed by
the Provost Marshal in relation to the draft" 1t
10 not the act Of drawing ballots out of ballot
box itsef but It is ain relation to it," and is the
first step that must by law be taken preparatory
to draft. II 10 therefore clearly withia the duty of
the Provost Marshal to subject all persons who
obBtruct the enrolment, the meeting Of the board,
or any other proceeding which Is prelimina ary and
essential to the drsft, to summary GrTsh according
to the pTovisIons OF section rs.
There are many ways Of obStruoting officers in the
performance OF their "ServioeB duties In max
Ing or in relation to- the draft" without employ
ing physical force. The neglect refusal TO do
act required by law to be done may itself be such
an Construction AS to subject the offender to
rest,
Suppose person to be found standing in pas
sage through which the drafting officers were re-
quired to enter into place designated by law the
place for draft, and suppose that his standing in
that place would prevent access by these Officers
! to the place Of drAn.
| II they request him to move away, and he ne
gleets refuses to do, for the purpose Of pre-
venting the draft, the non-performAnoe Of the act
OF removal would be itself an obstruction Of the
draft or Of officer In the performances OF hIs duty
in relation to It,"
Standing mute, in civil courts, is, under certain
circumstances, punishable Offencej and SO, II
person, with intent to prevent the draft, refuses
to give his true name when lawfully requested so
to do by ofieer whose legal duty is to GSeertGR
and enroll II, It IL obstruction Of that officer in
the performance of one Of his duties in relation to
tho draft. So also Of the giving Of false names
with the same illegal intent, and the offender WILL
in either case. be subject to summary arrest by the
! Provost Marshal.
| (Signed) WILLIAM WHITING,
| Solicitor OF the War Depart rtmcnt
| JAMES b. FRY,
| leII Provost Marshal General.