Daily national Republican., 1863-06-22
OFFICIAL NOTICES.
n F F l Q 1 Al
Wan DEFAnTNENNl
PRovoaT Marshal CENTRALLY OrTtcr,
WAaufNnToN Cry Inno a Ioaa L

MI
PRovosT MARTIAL CENTRALLY oTIioE,
WAsHINoroN CRY, Juno 9, Ieea.
The following oplniou Of Hon. william Whiting,
solicitor Of the War Department, has been ordered
TO be published BY the se"re'sry Of Wars
OPINION
II IL made the duty Of the Provost Marshals "to
obey all lawful orders and regulations Of the Pro
vost Marshal General. and such as shall be pre-
bcrlbed by Law concerning the enrolment ID call
I & int service Of the national forces" Act
March ., 1888, section 7. 10
The twenty-hfth section Of the same act provides
"thAt II an, person shah resist any draft Of men
enrolled under this act into the service OF the Uni
ted States, or shan couHsel or aid any person TO
resist any such draf, or phAlLassAult or ohstruct
any officer in making such draft, or in the perform
ance Of any service In relation thereto, or shall
counsel any person to assault obstTuot any such
officer. or shall counsel any drrf ed men not to Ap
rear at the place OF rendezvous, or wilfully dis
suade 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 delivered n the civil authorities Aud
upon conviction thereof, be punIShed by fine not
exceeding five hundred dollars, or by imprisonment
not exceeding two years, or by both 0f said pun
ishments +"
To do any act which will prevent or impede the
enro ment Of the national forces, (which enroll
ment preliminary AID oSseptlal to the draft Is
to prevent or impede the draft itself.
The enrolment Ia "herviee 10 be performed by
the Provost Marshal in relation 10 the draft" II
l. not the act Of drawing ballots out Of ballot
box Itself but It is "in relation to IT," and is the
drst step that must by law be taken preparatory
TO dr'ft is therefore clearly within the duty Of
the Provost Marshal TO subiest all persons who
obstruot the enrolment, the meeting Of the board,
or any other proceeding which is preliminary and
essential to the daft, TO summary arTsH according
10 the provisions Of section %.
There are many ways Of obstructlng officers In
the performance of their "servlees or duties In
making, or in relation to, the draft" without en-.
pOylng physical force. The neglect or refusal TO
do act required by law TO be done may itself be
such an "obstructiOn " as to subject the offender
TO arrest.
suppose person TO be found standing in a pas
sage through which the drafting officers were re-
qulred to enter ato place designated by law as the
place for draft, and suppose that his standing in
that place would prevent access by these office 5
to the place Of draft.
II they request him to move away, and he ne
glects refuses to do for the pur pose 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 tott." .t
Standing mute, In civil courts, Ia, under certain
circumstances, a punishable offence; and so, II a
pers, n, with intent to prevent the draft refuses
to give his true name when lawfully requested so
to do by an officer whose legal duty is to ascertain
aud enroll II, 1t is obstruction Of that officer in
ihS p tformanos OF one Of his duties in relation to
the draft So also Of the giving Of false names
with the same illegal intent, and the ofendcr will
IN either case be subject 10 summary arrest by the
Provost Marshal.
(Slgned) WILLIAM WHITING,
Solicitor Of the War Department
JAMES u. FRY,
jeit Provost Marshal General