Daily national Republican., 1863-06-16
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n F + ! G I A L

.i' 1919 Wan DEPARTMENT)
PRoYogT Marshal 0ENERAL'S OFFICE,
Ell rrsr WAsHINGr0N, D. C., June 6, ISSS.
The following opinion Of Hon. william whiting,
Solicitor Of the War Department, has been ordered
TO be published BY the Secretary Of War;
10 d.. -. OPINION. 10 ~
II IL made the duty OF the Provost hfArshAls q 70
obsy all lawful ardars and regular Of tho Pro
VoSt Marshal GenerAl, and such 90 shall Be pro-
scribsd by law eonoernng the enrolment and oall-
Ing into service OF the national forces" Act
March ., 1850, SestiohT. /. aafaE ra.-.. ...
The twenty. .hfth section Of the same act provides
that II Ahy person shall reslst any dram Of nisL
enrolled under this aot Into the service OF the Uni
ted states, or shah counsel or aid any perAon to
resiAt any such draft or Shaf assault or obutruet
any ofieer in making such draft or In the perform
An0" Of any service in relation thereto or shall
counsel any person to assault oF obstfuet any such
ofcer, or Hhall oounael any drafted men not TO Ap-
pear at the place of rendezvous, or VilIulIy dis
suAde them from the Performance Of military duty
a. required by law, such person shall be subject to
summary arrest by the Provost Marshal, and shall
be forthwith delivered to the ciVil and
uPon conviction thereof, be punished by ans not
exceeding hve hundred dolIArA, or by imprisonment
not exceeding two YearA, or by both OF said pun
lshmenrs."
To do any act which will prevent or impede the
enrolment OF the bRtiOnal forces, (whieh enroll
ment Is preliminary and essential to the drAf) is
TO prevent or impede the draft itself g. -
The enrolment is H"service TO be performed BY
the Provost MarshAl IN relation to the draft" 1t
Is not the act OF drawing ballots out OF ballot
box ITSELF but 1t 10 "in relation to It," and is the
frat step that must by law be taken preparatory
to draft 1t 10 therefore clearly Withia the duty
the Provost Marshal to subject all persona who
obstruet the enrolment, the meeting OF the board,
or any other proceeding which is pTsiiminAfy and
essential to the draft to fum5Gry arrest according
TO the provisions Of section -. rsas =.
Therea are many ways Of obstTueting ofhcefsi In the
performance OF their services or duties in max
ing or In relation to, the DRAFT" without employ
ing physical force The neglect or refusal TO do an
Act'required by law to be done may itSeIf be such
an obstruction" az to subject the offender to al.
rest,
Suppose a person to be found standing in q pas.
sage through which the drafting ofioeu were re-
qured to enter into place designated by law As the
place for draft, and SUPPOSE that his standing in
that place would prevent access by these ohieers
to the place OF DRAFT.
nthey request him to move away, and he ne
elects or refuses 30 TO do for the purpose Of pre-
venting the draft, the non-perfUrmAnee OF the act
OF removal would be itself " obs rUctlOn Of the
draft, Of an officer In the performance of his duty
In relation to It,"
Sanding mute, In civil courts, iS, under certain
circumstances, a punishable ofencej and so, II a
person, with intent to prevent the draft, refuses
to give his true name when lawfully requested 10
to do by an officer whose legal duty iS to dSeerain
and enroll IT., It IL obstruction OF that officer In
the performance Of OF his duties In relation to
the 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. .'F..
(sigped) WILLIAM WHITING,
Solicitor Of the War Department.
JAMES b. FRY,
Jell Provost Marshal General.