Evening star. [volume] (Washington, D.C.) 1854-1972, 1863-08-12

THE DRAFrawHOsARR DEsERrIRs
WAH DRPARfxIZT,
Prcrost NdrsAal GensYd.s Ossce,


Prcrest NarsAas General: Of.ce,
cirsslar, No. s7.-The following opinion Of
With men SEo nave srse
and who were abroad or at sea at the sime Of
draft, is published for the information sud
guidance OF oAcers Of this Bureau, viz:
"The cl6ss Of persons, referred 70, il deser-
tiers according to the letter Of the statute, are
not 50 according to its spirit, and should not be
SO treated by the Government The drafted
men who are declared to be deserters for
having failed to report themselves foy duty,
are those who have had actual personal notice,
or constructive notice, from leaving summons
at their last place OF residence, that they have
been drafted, and that their attendance at
the place OF rendezvous named is required
It 10 assumed that the constructive notice mas
reached the parties, and hence they are de-
nounced as deserters for no: obeyingi it. Deeer-
ton involves criminal intent, and a man can
not, in the sense Of the law or with any pro-
priety Of Language, be hid to have deserted
tito have neglected duty when he had no
means Of knowing that it had been imposed
upon him. The law would stulliy itseii
were It TO declare Otherwise. ignorance &c
of the law excuses no man, but ignorance 81
facts always does. The law Obligas no man to
do an impossible thing, nor can J: on any prin-
ciple hold him responsible for not having Done
it. When, therefore, a drafted man Is abroad
or at sea, or otherwise placed Ia such cifcrni~
stances as to render it physically impossible
for him to have had knowledge of the draft,
vertised or treated as a deserter. Such q step
would be cruel, and would shock that sense
OF public justice which ell entecta Ifsueh
persons, do not, without delay, report them.
selves for duty afterreceiying Information that
they have been drafted, they should be arrested
as deseriers It will be for the Secretary OF
War to determine how long the public interests
will permit the Governmental wait for the re.
turn Of this class of persone. UnqNsstion6bly
the drafted men who do not within reason
able tine return to the country, so to enter
the service, should not be accepted as pat OF
the quota OF troops due from the State to which
they belong"
JAMES 3. Fry, Provost Marshal General.
WAR DEPARTMENT.,
Pr0rost Marshal Generals Ohsce,
Washington. d. c., jay y, 1863.
Circular. No. 59.-The following opinion Of
Hon. William Whiting, Solicitor of the War
Department. is published tor the information
and guidance Of all concerned
OPINION.
s'1ndians and half breeds are not citizens of
the United states, within the meaning OF the
Enrolment act, unless they have been made
citizens by the act Of Congress; as was the
case with the sStockbridge tribe OF Indians
fSee Y Statutes at Large, page 6i7.) or by
treaty, as was the case with Dancing Rabbit
creek Treaty. by which Choctaws might be-
ton under some law OF Congress.
"Unless Indians come within some Of these
exceptions, they should not be enrolled in the
forces Of the United States. See Opinions of
Attorney General, volume vii, page $50.
tSigDed) civilian WHITING,
ssSolcitor OF the War Department"
JAMES Is. FRY, Provost Marshal GenN.