New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1863-06-12

The question has been frequently asked
whether returned volunteers were liable TO the
draft. The Wnr Department has justly dec-
ded TINT they arc not included in the class
from which the draft ia first to be made. An
opinion to that effect WAS given by the Hon.
William Whiting, Solicitor Of the War Depart
msnt, and has been officially promulgated in
an order which We printed yesterday. Mr..
Whiting briefly considers the provisions OF the
Enrolment Act, the division Of those liable to
draft into two classes, the second OF which |"
not to be called on Till the first 10 exhausted,
and sums up tho whole case as follows:
volunteer who were In the service Of the United States
ON In. I'd March, 1850 aud have since thai time been ds
CHARGED ar. OF tksr.ss included in the first clss from
which the hr draft Intended to he made and there
fore no, moo liable be cssd on BY draft. which to b.
made from that Of the forces OF the United ss.e under
the Jufisdletioc Of Ms AeL
The decision seems 10 us to fairly recognize
the claim of present exemption on the ground
Of past service, while il preserves the right of
the Government to summon all citizens to arms
when necessary for the defense Of the national
cause, ard prudcu,ly wlthbolds the many thou
sands Of veterans recently returned as re-
servo force for future exisencie'.
Mr. Whiting has also decided another point
of no less practical and immediate Importance
II is provided by the law, that resistance to
the draft shall subject the offender to sum
mary arrest by tho Provost Marshal, 10 be
delivered to the civil suihoritiss, and upon
conviction TO be punished by fine not exceed
ing $500. or by imprisonment not exceeding
two years. or 10th. Under this section 1t has
been claimed that there is no provision for re-
sis,ancs to the enrolling officers, bu. Mr.
Whiting 10 sebs,bly Of opinion that to do
any act which will prevent or impede the en-
rclment Of the nstional forces, which enrol
ucn. is preliminary and essential 70 the drait
IS TO prevent or impede the drsit it'ef.' Cases
arc not uncommon where names are refused
to Mo eurokpg olbccr, or be Is otherwise de-
la,ed or obstruciej in the dschsrge oil his
du,y. They arc AZ included and disposed OF
by the Official decision that
II. p.on with to prevent ,h. dr.s. r.s',' to
, "A. ,ru. nan, -heB s.faHy requested to do
MIarFt 10
.,,,,t,. of,h.i oasst 10 tie psr.ormsle. Of %. Of
h ta,. IN ,.,.,sr 70 The d'an 80 alec the vaG 81
f.,. s,s. With N. ,ans ass R,.ut and III. on-ndsI
I IN .ss o.s. b. 50 ssmnsry sfrssi ~ The Pc
vo,tNsT.hsI."
II i, remarkable that although the order Of
the War Department. covering thr opinion was
published yesterday morning, contrary de-
cislon was given IN this city during the day by
United States Commissioner John a. Osborn.
The proceedings Will be found elsewhere.
Michael Brordy wns arrested after several
time. refusing hs name. but Mr. Commisioner
Osborn was Of opinion tia, the section above
referred 10 has nothing 10 do with the enrolment
and ordered the defendant 10 be- discharged.
In rendering his decision, the Commissioner
saw fit 70 obserye that "tte Conscrption act
was another sad evidence Of the immature de-
liberations and incomplete legislation Of our
law makers" IL strikes us that the public
will be- likely 10 find in the decision Of Mr..
Commissioner Osborn sad evidence of the i'm
mature deliberations and incomplete legal
knowledge Of one Of the law cIp0unders.
Provost Msrshals who mean 10 see the law
executed will do well 10 seek out IL future
loyal and competent magistrate before whom
to bring the offenders whom they arrest.