Raftsman's journal. [volume] (Clearfield, Pa.) 1854-1948, 1863-06-17
REsvrING THE DRAfT-rHE RESULT.
Opinion Of solicitor Whiting.

REsIsrIHG THE DRAFr-TM RESULT.
Opinion of solicitor Whiting.
ERALS OrrlcE, WAsHIsGros D. c., June 9th,
1563.-The following opinion of Hon. Wn-
LIAM WHIrrsa, Solicitor OF the War Depart
ment, has been ordered to be published by the
Secretary Of Wars
OPINION.
1t is made the duty of Provost Marshais "to
obey all lawful orders and regulations of the
Provost Marshal General, and such as shall be
prescribed by law concerning the enrolment
and calling into service of the National forces"
-(Act March Sd, 1868, section ~
The 25th section of the same act provides
"that If any person shall resist any draft OF
men enrolled under this act into the service of
the United States, or shall council or aid any
person to resist any such draft, or shall assault
or cbstruct any officer in making such draft.
or in the performance OF any service in rela-
tion thereto, or shall counsel any person to
assault or obstruct any such officer, or shall
counsel any drafted men not to appear at the
place OF rendezvous, or wilfully dIssuade them
from the performance of military duty, as re-.
quired by law, such person shall be subject to
summary arrest by the Provost Marshal, and
shall be forthwith delivered to the civil au-
thorities, and upon conviction thereof be pun
ished by fine not exceeding FIVE hundred
dollars, or by Imprisonment not exceeding
two years, or by both of said punishments.''
To do any act which will prevent or impede
the enrolment of the National forces (Which
draft,) is TO prevent or impede the draft itself.
The enrolment Is service to be performed
by the Provost Marshal in relation to the
draft. 1t is not the act OF drawing b.llots out
of ballot box itself, but it is sin relation to
its" and il the first step that must by law be
taken preparatory to draft. 1t is, therefore,
clearly within the duty Of the Provost Marshal
to subject all persons who obstruct the enroll.
ment, the meeting of the board, or any other
proceeding which is preliminary and essential
to the draft, to summary arrest, according to
the provisions of section 25.
There are many ways of obstructing officers
in the performance Of their ssseryices or duties
in making or in relation to the draft" with
out employing physical force. The neg lect
or refusal to do an act required by law to be
done, may itself be such an construction as
TO subject the offender to arrest.
Suppose person to be found standing in
passage through which the drafting officers
were required to enter into place designated
by law as the place for draft, and suppose that
his standing in that place would prevent ac-
cess by these officers to the place of draft. If
they request him to move away and he neg
lects or refuses 50 to do, for tho purpose of |
the draft, the non-performance of
the act of removal would be itself an .sobstruc-
ton of the draft, an officer IN the perform |
ance of his duty in relation to it.''
Standing mute, in civil Courts, is, under GER |
tain circumstances, punishable offense aud |
so, if person, with intent te prevent the |
draft, refuses to give his true name when law |
fully requested so to do by an officer whose |
legal duty to ascertain and enroll il, it 10 an
obstruction of that officer in the perform ance |
oil one 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 ar
rest, by the Provost Marshal.
WILLIAM WHITING,
Solicitor of War Dspartm eut
JAMES B. Far, Provost Marshal General.