Sunbury American. [volume] (Sunbury, Pa.) 1848-1879, 1863-06-20


RESISTING AN ENROLLING OrricrR.-Mr
Peter w. Kutz is enrolling officer for the
draft in Higgins and Hubley Townships
this County On Monday last while engaged
in the performance of his duty in the first
named Township, he was assailed by man
named Abraham Bressler, who not only
used violent language but threatened the
officer with personal violence. Believing
that he would be injured by Bressler If he
persisted in the execution of his duty with
out protection, Mr.. Kutz came to town and
made affidavit before a justice Of the peace,
to the facts. On the strength of this state
ment the Provost Marshal sent his deputy
| with small squad of the guaid, on Tuesday
| evening, out to Bressler's house for the
purpose Of arresting him. On their arrival,
| q guard was stationed at the front door,
at the back door and at side window.
The force was about effecting an entrance,
when Bresslcr made an attempt to escape
by the back door. A single soldier was
stationed there, who seized him; but an
other person who was with Bressler rescued
him and was in the act of getting him back
into the house when the guard fired at
Brcsser. The ball missed him but struck
the man who was assisting Bressler, in the
arm. The affair attracted the guard to the
rear of the house, and during the confusion
| that ensued, Brcssler succceucd in etlecting
his escape unnoticcd through aside window.
Israel and Christian Stutzman were arrested,
brought in and held as witnesses.
On Thursday evening n bench warrant
was issued on motion OF the District Attor
ney for the arrest of the Deputy Marshal
and the Provost Guard, and they were taken
in custoday for the purpose We presume,
of investigating the affair.
The following important opinion just
issued from the War Department, it would
be well for all to read attentively:
WAR DEPARTMENT, PRovosr MARSHAL GESER-
AIS OFFICE, WAsnSGToS, June 6.-The following
opinion of Hon. VIM. Whiting Solicitor of the War
Department, has been ordered to be published by
the Secretary of War;
1t is made the duty of Provost Mar.hals ito obey
all lawful orders and regulations of the Provost Mar
shal General, and such rs shall be prescribed by
law concerning the enrolment and calling into ser
vice OF the National forces. Act March 3d. 1868,
section ~
The 25th section Of thcsame act provides "that II
any person shall resist any draft of men enrolled
under this act into service of the United States,
shall counsel aid any person TO resist any such
draft or shall assault obstruct any officer in max
ing such draft or in the performance OF any service
in relation thereto, shall counsel any person TO az
saut obstruct any such officer, shall counsel any
drafted not TO appear at the place OF rendezvous
or wilfuly dissuade 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 he forthwith delivered to the civil authori
ties, and upon conviction thereof be punished by q
fnc not exceeding five hundred dollars by impri
sonment 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 enrolment
is preliminary and essential TO the dratO, is TO pre-
, vent or impede the draft itself
! is q q q In q
Provost Marshal in relation to the draft. 1t is no
the act of drawing ballots out of ballot box itself
but it is sin relation to it" and s the first step thai
must by law be taken preparatory TO draft. IL l.
therefore, clearly within the duty of the Proves
Marshal to subject all persons who Obsruct the en-
rollment, the meeting of the Board, any othe
proceeding which is preliminary and essential to thu
draft the summary arrest, according TO the prori
sions of section %.
There are many ways of obstructing officers in th
performance of their services or duties in maxim.
in relation to tho draft, without employing ply
sical force. The neglect Of refusal to do act
quired by law to be done may itself be such an lob
: struction ne to subject the offender to arrest.
Suppose person to be found standing in passag
through which the drafting officers required L
enter into place designated by law the place 70
draft, and suppose that his standing in that plac
would prevent access by these officers to the place
draft. If they request him to move away and h
neglect refuse do for the purpose of preven,
ing the draft, the performance of the act of
mOval would be itself an obstruction of the draf,
or of an officer in the periormanccot OF his duty in re
lation to it"
> Standing MUTE, in civil Courts, Is under ccrtai
> circumstances, punishable ofense and so, ii per
with intent to prevent the draft refuses to Civ
: his true name when lawfully requested so to do b.
officer whose legal duty to ascertain and enro
it, is obstruction of that officer in the perform
of one of his duties in relation to the draft 81
also of the giving of false names, with the lille
gal intent. And the offender will. in either case b
f subject to summary arrest by the Provost Marshal
, WILLIAM WHITING.
y Solicitor of the War Department
c JAMES B. Fry, Provost Marshal General,