The Portland daily press., 1865-04-06
OPINION.

gHEa ATTORNEY GENERALS OFFIGR,
SIR: -'O0''
In yourletter of the I'D inst you ask whether tho
18th section Of the ct approved Sd arch 1855 en-
titled An Act TO amend the several Acts heretofore
passed to provide for the enrolling and calling out
the national forces, and for other purposes Is ap-
Plcabe to the call for troops made by the President
18th December, 1864. The section is as follows.
"That hereafter all persons mustered INTO the mil
ltary or naval SERVICE whether volunteers sub
sttutes; representatives, otherwise shall be cred
TIED to the state and to the ward, township, pre-
cinct, or other enrolment sub-district where such
persons belong by actual residence (f such persons
have an actual residence within the United States
and where such persons were shall be enrolled Gf
liable to enrOlmentO and II is hereby made the duty
of the Provost Marshal General to make such rules
and give such instructions TO the several Provost
Narshals, boards Of Enrolment, and Mastering OH
GERS as shall be necessary for the faithful enforce
ment Of the provisions Of this section to the end
that fair aud just credit shall be given to every sec
zion OF the country; ProUi6ed That in any call for
troops hereafter, no county, town, township, ward
precinc' or olectl9n district snail nave credit ex-
preceding call, by said county, town, township
ward, precinct, election district and mustered in
70 the military or naval service on the quota there
The 27th section makes the Act take effect from and
The l4th section furnishes the rule by which men.
tohe1t tStered into the military or naval servica
are 70 Dc credited to the various localities from
The 18th section furnishes the rule by which ere s.
~ are 70 De given when computing for the quotas &c
~ Ssie uAstrlcJS buJ the 18th section has
provso which expressly prohibits the apple atlon
Of theraie therein given to the pending draft From
tne Iact tnat the is such prOvso to the lar
ton, " would seem that it was intended credita
ing call. '"e P0n">
But the l4th section has proviso, the macmillan
language OF which would, at first blush seem To fay
OF the IDEA that congress intended that the rule in
tnst section prescribed, should be future 10 tine
pending CALL and not future to the passage of the
Act That proyiso declares that credit shall not DO
gwen except for men actually furnished on said caIE
or the preceding call The manifest purpose Of the
proviso is to limit the time within which a credit
may DO demanded =
This section must be regarded as taking effect from,
the passage Of the Act, unless such a CONSTRUCTION
is inconsistent with or forbidden by other payts ~
the Act. - 'N- FsS VI
AS is stated in my Opinion to YOU ofthe 18th Mar
~ appears from the face of this Act that at the time
y was passed. there was pending draft under cali
vided that nothing in the Act shall operate 10 most
Pone the pending draft interfere with the ouota
assigned therefor Now the rule for giving credits
al the time or mastering in, will not POSTPONE the
present draft or interfere with the Quotas assigned
1t seems to me that there is nothing in the Act
ihat prevents the application of the 18th section to
the present dra, unless IL may be the there
To- IL was intended by that proviso simply to limit
me time within which credits might be claimed and
its, when mastering in, to future calls
am OF the opinion that the 18th section of said
Act is applicable to the call for troops made by tbS
President on the 18th December, 1854.
$500 have the honor to be,
d. aa.o m - Very respectfully,
~ Your 0De1ient ,e,vs at.
JAMES SPEED,
Hon. EDWIN NJ. STANTON,
w n9r Secretary Of War. apl6dlt