Daily national Republican., 1863-06-24
OFFICIAL NOTICES.
FIpIAbLo-II
PsOvesr nAssnaL eEsEsaL's o..IsE,t {

PRovosr nhnsHAL 0rNERAL'a oEFIcE,J =
WARRINGTON CRY, June 9, iosa
The following opinion OF Hon. william whiting,
Solicitor Of the War Department, has been ordered
to be published by the Secretary of War;
OPINION
tits made theduiy Of the Provost Marshals 4" 10
obey all lawful orders and regulations OF the Pro-
vost Marshal General, and such as shAli be pre-
seribed by law concerning the enrolment and call
ing into service OF the national forceS." Act
March ., iseS, section T. Hr.... .F 'anr s..
Tho twepty-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 shah counsel or aid any person to
resist any such draft, or shall assault or obstruct
any officer in making such dram, or In the perform
anee Of any service In relation thereto, or shall
counsel any person TO assault OF obstruot any such
o1eer, shall counsel any drafted men not to ap-
pear at the place of rendezvous, or wilfully 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 shan
be forthwith delivered to the civil authorities, and
upon conviction thereof, be punished by a fine not
exceeding Eve hundred dollars or by imprisonment
not exceeding two years, or by both Of said pun
ishments,"
To do any act which will prevent or impede the
enrolment OF the national forces, (which enroll
ment preliminary ard essential to the draft,l is
to prevent OF impede the draft itself. ..t
The enrolment is a service 10 be performed by
the Provost Marshal in relation to the draft" It
is not the act OF drawing ballots out OF ballot
box itself but It ia "in relation to H." and u the
Grst step that must by law bo taken preparatory
TO draft. II IS therefore clearly within the duty Of
the Provost Marshal to subject all persons whip
ebstruot the enrolment, the meeting Of the board,
or any other proceeding which iS preliminary md
essential to the daft to summary arrest, according
to the provisions Of section 25.
There are many ways OF obstructing officers in
the performance Of their "sorvices or duties in
making, 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
| to arrest. .g
Suppose person to be found standing ia q pas.
sage through which the drafting officers were re.
qured to enter into place designated by law as the
place for draft, and suppose that hia standing in
that place would prevent access by these once
to the place Of draft. e.
II they request him to move away, and he ne.
elects or refuses so TO do, for the purpose Of pre-
venting the draft, the non performance Of the aci
OF removal would be itself an obstruction OF the
draft, or Of an officer in the performance Of hii
duty in relation to it."
Standing mute, in civil courts, Is, under certain
UircumBtanees, a punishable offeneei and so, II {
person. with intent to prevent the draft, refuses
to give his true name when lawfully requested sc
to do by oflcer whose legal duty is to ascertain
and enroll IT, It is an obstruction Of that ofeer II
the performance Of one Of his duties in relation tC
the draft. So also Of the giving Of false nAmet
with the same ilegalin and the offender will
in either ease be subject to summary arrest BY th'
Provost Marshal .. .'
(siEned WILLIAM WHITING,
solioitof OF the war Department.
jeII Provost Marshal General