Daily national Republican., 1863-06-23
OFFICE oTiGE
HFF1o oIAE.
WAS DEPARTMENT.,
PnoVoaT MARSHAL GErERAIla OFFICE,
p. wAaHInoToH CRY, June Q, 1893.

PRovosT MAHsHAL GEHERAI,a oTTieE,
80 wAsHIEoToH CRY, June q, iseS.
The following opinion Of Hon. william whiting,
solicitor Of the War Department, has been ordered
10 be published BY the Secretary Of war,r gag
OPINION.
II IL made the duty Of the Provost MArphAls ito
obey all lawful orders and regulations Of the Pro-
vost Marshal General, and such az shsll Be pre-
SerIbed BY law concerning the enrolment and call
ing into service Of the national forces" Act
March ., 1859, SeotIon7. a' ""a."
The twenty -nfth section OF the SAms act provides
"that II any person shall resist any dram Of men
enrolled under this act into the service OF the Uni
ted States, or shall counsel or aid any person 70
resist any such draft shall assault or obstfuot
any ooer In making such draft, or in the perform
Anee OF any service in relation thereto, or shall
counsel any person TO assault obstruot any such
oieer, or shall counsel any drafted men not TO ap-
pear at the place Of rendezvous, or wilfully dis
suade them from the performance ofmilitAry duty
~ required by law, such person shall be subject TO
summary arrest by the Provost Marshal, and shall
be forthwith delivered to the civil authorities, and
upon oonvietioH thereof, he punished by . fine mot
exceeding Ave hundred dollars or by imprisonment
not exceeding two years, or by both Of said pun
ishmentsn
To do any act which will prevent or impede the
enro ment Of the national forces, (which enrol
ment preliminary ard essential to the draft,) 10
| to prevent or Impede the dram iuelt, ...- ....
The enrolment is a service to beperformed by
the Provost Marshal in relation TO the draft" II
f. not the act Of drawing ballots out OF ballot
box itself but It is "in relation to IT,, and is the
hrst step that must by Law be taken preparatory
to DRIFT. 10 therefore clearly within the duty Of
\ the Provost Marshal 10 subject all persons who
sbstruot the enrolment, the meeting Of the board,
or any other proceeding which 10 preliminary and
essential TO the iAIt to summary arrest according
10 the provisions Of section Is. ..' 20 '
There are many ways Of obstruciing Officers In
the performance Of their "servioea or duties in
making, or In relation to, the draft, without en-
ploying physical force. The neglect or refusal TO
do an act required BY law to be done may itseI be
such an obstruction " as to subject the offender
TO arrest.
suppose a person to be found standing Ia pas
sage through which the drafting officers were fe-
qulredto enter ihto place designated by law asthe
place for draft and suppose that his standing in
that place would prevent access by these ofiicei 8
TO the place Of draft.
II they request him 10 move away, and he ne
elects refuses to do, for the purpose Of pre-.
venting the draft, the non performance Of the act
of removal would be itself an " obstruction Of the
draft, or Of ofloer In the performance Of his
duty In relation to t." |
Standing mute, in civil courts, Is, under certain
circumstance, a punishable Ofienoei and 90, II q
pers n. with intent TO prevent the drAtt refuses
to give his true name when lawfully requested 90
to do by officer whose legal duty is to aSeeridtn
and enroll II, It is an obstruction OF that ofcer in
the p rformance OF 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 Arfest by the
Provost Marshal.
(Slgned) WILLIAM WHITING,
Solicitor Of the War Department.
JAMES d, FRY,
jell Provost Marshal General.