The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1863-06-11
NEWS FROM WASHINGTON.
OFFICIAL .

Wnliam whittng, Solicitor OF tho War
wAsaxorox, June 10. 1865.
The following official orders have been promulgated:
War DEPARTMENT, I
OYT1ck pR0vosr MARsHAL CENTRAL, June g. 1858.
The following opinion Of Hon. VIM Whiting, Solicitor
Of tho War Department has ordered to be published
BY the Secretary Of War
The national forces liable perform military duty. in
cude all able bodied male citizens Of tho United States
and persons OF foreign birth who have declared their in
tenon to become citizens according 70 law being be-
sons are excepted. divided into eight Glasses No per
sons but such therein excepted shall DO exempt
It is declared the duty Of the enrolling officers to enrol
all persons subject to military duty (Sec. o. All per-
thus enrolled shall DO subject for two years after
military service (sec ll) The national forces (not
now the military service) enrolled under the act shall
Those Of the second class shall not be called out until
those of the first class shall have been exhausted.
Thus II by the true construction Of this act.
while all persons coming within provisions TO be
enrolled the national forces nevertheless under tho
VINO 0 were N me NO, hc @
cuded in that which subject 10 tho first draft.
Several provisions Of this statute are inconsistent TO
| cd az liable to draft from tho first class
Thus 1t is provided the section that regulars
volunteers mtiamen or persons called into the service
under this any other act Of Congress- to be ar
rested desecs wherever they might be found by the
Provost Marshal and to be sent to the military
post, thus admitting plain distinction between these
different classes OF persons, viz, those who were then in
the service and those who we're to BIO drafted in
The same distinction between those Who were in the
service and those who were to be drafted in recogni-
zed in section 10, which provides bountes to those
wh0 being then the service should volunteer to re-
enlist
from which drafts to be made enacts as follows:
(Section 81. That the national forces OF the United
States not now in the military service, enrolled under
this act shall be divided into two classes Thus those who
are 'snow" (that say, Sd Of March, 1869
in the military SERVICE are not to be included in either
Of these classes. And those then (March 81 In the
service included in either of these classes,
they may be said to constitute class of persons 10 be
| enrolled under the provisions Of this act
between the first and second class tho law (secion
81 requires that the second class shall not in district
be cae into the service Of the United States until those
| OF the first class Shall have been thus called in.
Volunteers regulars, who had been in the service,
and who had been discharged herefrom had resigned
70 tho Sd day OF March 1863 are liable to be draft
ed in the manner they had never been in the
service No regard to be paid to their former period
service the length brevity OF the period be-
date Of their discharge and that Of the draft
Volunteers who were in the service OF the United states
the Of March, 1se3 and have since that time been
discharged not therefore, included in the hrs class
from which the first draft is intended to be made and
are therefore no! now liable 70 be called on BY dr,i,
| United States under the provisions Of this act
| WILLIAM WHITING,
Solicitor OF the War Department.
JAMES B. FRI, Provost Marshal General.
WAR DErARrMrsr
PRovosr MARSHAL GENERALS OrFICz,
WASHINGTON, q. C. June 6, 1868. }
Tho following opinion or Hon. William Whiting, Soici
tor War Department has been ordered TO be pub
| lshed by the Secretary Of War
OPINION.
II is made the duty Of provost marsbsls "to obey al
lawful and regulations of the Provost Marsha
General and such shall be prescribed by law
ing enrolment and calling into service Of the national
| forces" TACT March 8, 1868, section ~
The twenty NTH section Of the same act provides
| that "n any person shall resist any. draft o.
T0sa the .n. s ss .s s
to resist any such or shall assault or obstruc
any officer in making such draft or IN the
to assault obstruc any such officer. or shall coun
drafted not TO appear at the place OF rendez
or wilfuy pursuade them from the performance
military duty required by law, such person shall b.
subject to summary arrest by the Provost Marshal, ant
shall be forthwith delivered to the civil authorities
upon thereof be punished by fine not exceed
ing five hundred dollars or by imprisonment not exceed
| ing two years, or by both OF said punishments
TO DO any act which will prevent impede the enrol
ment of the national (which enrolment prei
nary and essential to the drat is to prevent or mped
The enrolment a service be performed by the Pro
vost Marshal in relation TO the draft II is not the act
drawing ballots OF ballot box itself but II is Gin
laon to it, and is the first step that must BY law b.
taken preparatory to the draft II therefore clearly
within duty OF the Provost Marshal to subject all
sons who obstruct the enrolment the meeting Of tn
board. or any other proceeding which preliminary
essential TO the draft 70 summary arrest according TO tn
There are many ways of obsructing officers the Per
formance of their services duties In making, In rela
ton to the draft without employing phsyca FORCE Tn
neglect refusal TO do an act required by law to
done itself be such an obstruction as TO subject tn
offender TO Suppose person TO be found stand
ing in passage through which the drafting officers ar
required into place designated by law as th
place for the draft and suppose that his standing In tina
place would prevent by these officers to tn
place Of draft II they request him to move away an
nr the draft the non performance OF the act Of
would be Of itself construction Of the draft or OF q
officer the performance Of his duty In relation to It,"
Standing mute civil is. under certain circun
stances, punishable o1tnce And so person, wit
i NH laurfu n n