Daily national Republican., 1863-06-13
n F F l C l A L
Assistant Adjutant General,
my 2s-stAwIm
WAR DEPARTMENT,
. GEHERALis OTFICE,

WAR DEPARTmEkT,l
PRovosT MARSHAL GENERAL's oTFICE,
WAsHIHoToE, D. c., June Q, 1861
Tho following opinion Of Hon, William Whiting,
Solicitor of the war Department has been ordered
to be published by the Secretary of War:
OPINION
II is made the duty of the Provost MaTshAls "to
obey all lawful orders and regulations Of the Pro-
vost Marshal GenerAl, and such As shall be pre-
scribed by law concerning the enrollmsnt and cali
ing into service of the national forces" Act
March ., ls63 section7.
The twenty.hfth section of the same act provides
"thAt II any person shall resist any draft of men
enrolled under this act into the service OF the Uni
ted States, or shall counsel or aid any person 10
resist any such draft, shall assault or obStruct
any officer in making such draft, in the perform
anee OF any service in relation thereto, or shall
counsel any person to assault obstruet any such
ofheer, or shall counsel any drafted men not to Ap-
pear at the place of rendezvous or willully dis.
suRde them from tbe performance Of military duty
as required by law, such person shal be subject to
summary arrest by the Provost Marshal, and shall
be forthwith delivered to the civil authorities and
upon conviction thereof, be punished by a line not
exceeding Ave hundred dollars, or by imprisonment
not exceeding two years, or by both of said pun
ishments."
To do any act which will prevent or impede the
enrolment Of the national forces, (which enroll
ment is preliminary and essential to the draft 10
10 prevent or impede the draft itself.
The enrolment 10 "servioe to be performed by
the Provost Marshal in relation to the draft" It
is not the act OF drawing ballots out of ballot
box itself but It is "in relation TO It " and is the
| frat step that must by law be taken preparatory
to draft. II is therefore clearly within the duty Of
the Provost Marshal TO subject all persons who
obstruct the enrolment, the meeting Of the board,
or any other proceeding which 10 preli mInATy and
essential to the draft, to summary arrest according
to the provisions OF section 20.
There are many ways Of obStructlng ofhcers In the
performance Of their "seryices or dutIes in max
Ing or In relation to, the draft" without employ
Ing physical force. The neglect refusal to do an
act required by law to be done may itself be such
an obstruction" as to subject the offender to ar
| rest,
| Suppose person to be found standing in A pAs-
sage through which the drafting officers were re-
QuiTed to entet into place by law the
place for draft, and suppose that his standing in
that place would prevent access by these officers
TO the place ofdraf
Hthey request him TO move away, and he ne.
elects or refuses so to do Tor the purpoBe of pre-.
venting the draft, the non.peTiormance OF the act
OF removal would be Itself an "obs ruction of the
draft or Of An oficer IN the Performance OF his duty
In relation tOit."
&dHdiHg mute, in civil courts, ia, under certain
circumstances, n punishable offence; and 40, IL A
person, with intent to prevent the draft, refused
to give his true nNmc when lawfully requested &C
to do by officer whose legal duty is to asesrtalr
aud enroll it, II Ia obstruction Of that officer IL
the performance Of one Of hs duties IN relation Il
the draft. So also OF the giving Of false namui
with the same illegal intent and the offender will
In either case. be subject to summary arrest ID thu
PFovoat Marshal.
(SgnedJ WILLIAM WHITING,
, solicitor OF the War Department.
JAMES r. FRY,
| jell Provost Marshal General.