Evening star. [volume] (Washington, D.C.) 1854-1972, 1863-06-11
Jur e l1.9w

WAR DEPARTMENT, Provost Marshal GeRe-
rails Office, Washington, d. c., June 6, 1867
TIE following opinion of Hon William Whit
ting, Solicitor of the War Department. has
been ordered to be published by the Secretary
OF War:
OPINION
1. is made the duty of the Provost Marshals
ato obey all lawful orders and regulations Of
the Provost M arshal General, and such as shall
be prescribed by law concerning the enrolment
and calling into service the national forces"
Act March B. 1863 section7.
The twenty fifth section Of the same act pro-
Tides "that it any person shall resist any draft
OF men enrolled under this act into the service
OF the United States, or shall counsel or aid any
person to resist any such draft, or shall assault
or obstruct any officer in making such draft, or
in the performance OF any service in relation
thereto, or shall counsel any drafted men not
to appear at the place Of rendezvous, or will
fully dissuade them from the performance OF
military duty as required by law, such person
shall be subject to summary arrest by the Pro-
vest Marshal, and shall be forth with delivered
to the civil authorities, and upon conviction
thereof, be punished by fine not exceeding
five hundred dollars, or by imprisonment not
ishments.''
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 a "service to be performed
by the Provost Marshal in relation to the draft
1t is not the act Of drawing ballots out of a
ballot-boX ITSELF but it is Sin relation to it,
and is The first step that must be taken prepar-
atory to draft It is therefore clearly within
the duty OF the Provost Marshal to subject all
persons who obstruct the enrolment the meet
ing OF the board, or any other proceeding which
is preliminary and essential TO the draft, to
summary orreSt, according to the provisions OF
section IS.
There are many ways Of obstructing officers
in the performance OF their ssseryices or duties
in making, or in relation to, the draft, without
employing physical force. The neglect or re-
fusal to do an act required by law TO be done
may itself be such an constructions as to sub.
ject the offender to arrest.
Suppose person to be found standing in a
passage through which the drafting officers
Were required to enter into place designated
by law IS the place for draft, and suppose that
his standing in that place would prevent access
by these officers to the place OF draft.
II they request him to move away, and he
neglects or refuses so to do, for the purpose of
preventing the draft, the performance of
the act OF removal would be itself an sobstruc-
ton OF the draft, or OF an officer in the per-
torrance of his duty in relation to it,
St0ndiHG mute, in civil courts, is, under Ger.
tain circumstances, a punishable offense: and
So if a person, with intent to prevent the draft,
refuses to give his true name when lawfully
requested so to do by an officer whose legal
duty is TO ascertain and enroll it, tits obstruc-
ms duties in relation to the draft. So also of
giving false pames with the same illegal intent,
and the offender will, in either case, be subject
10 summary arrest by the Provost Marshal.
(Signed,) WILLIAM WHITING,
Solicitor of the War Department.
JAMES B. Fry,
June II Provost Marshal General.