The Kenosha telegraph. [volume] (Kenosha, Wis.) 1860-1888, 1863-07-02

Jng, SOllClCOr Oh Jlle NdT utpdItlllcHl ltGS DCCl
ordered to be published by the secretary Of
war;
OPINION.
1t is made the duty of provost marshalls to
obey all lawful orders and regulations Of the
provost marshal general, and such as shall
be prescribed by law concerning the enroll
ing and calling into service of the national
forces" (Act March g. 1863, section ~
The twenty fifth section of the same act
provides that eff any person shall resist any
draft of men enrolled under the act into the
service of the United States, or shall counsel
or aid any person to resist any such draft, or
shall assault or obstruct any officer i'll max
ing such draft. or in the performance Of any
service in relation thereto, or shall counsel
any person to assault, or obstruct any such
officer, or shall counsel any drafted man not
to appear at the place of rendezvous, or viii
fully persuade them from the performance of
military duty as required by law, such person
shall be subject to summary arrest by the
provost marshal, and shall be forthwith de-
| iivered to the civil authorities, and upon con-
viction thereof, be punished by fine not. ex-
ceeding five hundred dollars, or by imprison-
ment not exceeding two years, Or by both OF
| said Dunishments"
To do any act which will prevention impede
| the enrolment of the national forces (Which
enrolment is preliminary and essential to the
draft, is to prevent or impede the draft itself
| The enrolment is a service to be performed
| by the provost marshal in relation to the draft
| It is not the act Of drawing ballots out Of a
| ballot box itself, but it is Sin relation to it,
| and is the first step that must by law be tax
en- preparatory to the draft 1t is therefore
clearly within the duty of the provost mar
shall to subject all persons who obstruct the
enrolment the meeting of the board, or any
other proceeding whichis preliminary and es
sentiai to the draft, to summary arrest ac-
cording to the provisions of section twenty
| five.
There are many ways of obstructing off
GERS in the performance of their services or du-
ties in making, or in relation to the draft
without employing physical force. The neg
lect or refusal to do an act required by law tC
! be done, may itself be such an otfense as tt
tsubject the offender to arrest. Suppose a per
son to be found standingin apassage through
which the drafting officers are required to en-
ter into place designated by law as the place
| for the draft, and suppose that his standing
in that place would prevent access, by thes(
| officers to the place of draft. If they request
| him TO move away and he negleets or refuses
to do SO, for the purpose of preventing the
draft, the non-performanceo Of the act of remov
| al would be of itself an obstruction to thu
draft, or of any officer in the performance o
| his duty in relation to it,
| Standing mute in civil courts is under Ger
| tain circumstances punishable otfense. AnC
so if the person, with intent to prevent tbs
draft refuses to give his true name when law
fully required to do so by an officer whose lie
gal duty it is to ascertain and enroll it, it i
an obstruction ofthat officer in the performac'
Of one of his duties in relation to the draft
So also is the giving of false names, with th'
same illegal intent and the offender will in eth
ter case be subjected to summary arrest by tn
provost marshal.
I WILLIAM WHITING.
! Solicitor of the War Department
: MES B. Fry, Provost Marshal General