, 1863-06-15

"Aha4SoATAt ~. t.f V4EE0s J
The following opinion Of Hon. William
las been ordered to be published by the SEC.
rctary Of War:
OPINION.
It is made the duty Of all Provost MarshaIs
"tu obey all lawful orders und regulations Of
the Provost Marshal General, md such as
shall be prescribed By law concerning the en-.
r'llment and calling into service Of the M
tiohal forces" Act Morch 5, 1868. Sec. Z.
The 25th section Of the same act provides
that "if any person shall resist any draft of
men enrolled under the act into the service of
the United States, or shall counsel or mid any
person TO resist any such draft, or in the per-
torrance Of any service In relation thereto, or
shall counsel any person TO assault or OBJ
Btrllct any Bnch officer, or shall counsel any
drafted man not to appear ut the place Of rem
dezyous, or willfully persuade them ffom the
performance Of military duty Us required By
law; such person shall b. subject to summary p
forthwith delivered to TIE ciyil authorities,
and upon conviction thereof shall be pun
ished by fine not exceeding i've hundred
dollars, or By Imprisonment not exceeding two
years, or By both Of said puntshncnts.
To do any act which will prevent or impede
the enrolment Of the national forces (which
enrolment is preliminary and essential to the
draft), is to prevent or impede the draft ITSELF
The enrolment Is service to be performed
BY the Provost Marshal, In relation to the
DRIFT It is not the act OF drawing ballots out
Of ballot.box itself, but it Is Tin relation to
r." and is the first step that must by law be
taken preparatory to the draft. It is there
fore 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 is preliminary
and essential to the draft, to summary arrest,
according to the provisions Of section 25.
There are uany ways Of obstructing officers
IN the performance Of their service or duties
in making OF relation to the draft, without
employing physical force. The neglect, or
refusal to do IN act required by law to be
done, may itself be such an obstruction as to
subject the offender to arrest. Suppose
person to be found standing In passage
through which the drafting officers are re-
quired to enter into place designated BY
law as the place for the draft; and suppose
that his standing in that place would prevent
access By these officers to the place Of draft.
If they request him to move away, and he
neglects or refuses to do so for the purpose
Of preventing the draft, the non performance
Of the act Of removal would be Of itself an
obstruction Of the draft, or Of an officer in
the performance of his duty in relation to it,,
Standing mute in civil courts is, under Ger
tain circumstances, n punishable ofIense, And
so Of person with intent to prevent the
draft. refuses to give his true name when law
fully requested SO to do by an officer whose
legal duty It is to ascertain and enroll It. 1t is
an obstruction of that officer In the perfor-
nance Of one Of his duties in relation to the
draft. So also is the giving Of false names
with the came Illegal intent; ind the often
der will in either case be subject to summary
arrest by the Provost Marshal.
(Signed) WILLIAM WHITING,
Solicitor Of the War Department.
JAMES B, FRI, Provost bfarshal General.