Delaware gazette. [volume] (Delaware, Ohio) 1855-1886, 1865-04-21

81 ATTORNEY GKNEBA1,s oPrrcE.
q SR-In your letter OF the 23d inst Won sS {.,l,l
er the 18th section OF tho Act approved 81 march,
1865, entitled 'An Act to amend the several Acs her
tofore passed to provide the enrolling and aing
out the national forces, and for purposes Is
dent 10th December 1864. The section is as follows.
"That hereafter all persons mustered uto the mil
tay OF naval service, whether volunteers sustt
tutes, representatives, otherwise shal be errdtsd
10 the state and to the ward, township precinct or
long by actual residence (fr such persons have Az act
ual residence within the United SLates) aud wbsra
such persons shall be snrolIed rir iabia ~
enroiment0 and i is hereby made the duty of mo
Provost Marshal General make ruIos aud give
suce instructions |" the several Provost Aarshas
Boards Of Enrome4I, Mastering O1icera a. skaii
be necessary for the faithful enforcement of hs pro
Visions Oh thls section, TO the end that fair lust
credit shall be given every section Of the country,
Prorded, That any call for troops hereafter no eoan
y, Town, township, ward precinct, election district
shall have creditIexcopt for mon sculev furpisbri
on SAID eau, or tho Proceeding call by said couuty
town, township, ward, precinct, or election di.trc,
and mustered iuto The ilitary or naval service S
the quota thereof" ~ '''o on
The 27th section makes the take effect rrsn and
after i8s passage
The l4Ih s.eron furnishes the rule by which men,
cten mustered into the military or naval service 80
20 oe ereuted to tho various localities from which thsy
may come. ''
The 10Th section furnishes ths rule by which cresis
are to be given when computing for the quoIsa of ne
various dTait districts But tie 18th section has a
proFlso winch expressly prohibits the appIea ton of
the rule therein given to the pending DRAFT Fron the
act tnt here is no such proviso tho Ilth ssctsol
II would seem that it intended credits should be
gwen ven .cAee ltsteriHg in under the pending cal.
but lhs I4th section has proviso the peculiar Ian.
EuHee OF which would, at first blush seem to tavnr
the dsa lhAt congress intended that the rulo in ths
sSGtlon prescribed, should be future the pending
cam ana not future 70 the passage tue Act That
pfovso declares that cradit shall be given except
Tor men actually furnished call or he proceed
ing c0H. The manifest purpose the provisS is to
Hhit ths Time within which credit may be demand
ed.
This section must be regarded taking effect from
the passage Of the Act unless such construction is
Act,
As is stated in my oliaion to you OF the 18th Of
March, Il appears from the lace this Act that Al
he timO II was passed there pending dram mn M
call for troops Ia december, 1851 4ud is care E
ully provided that nothing the shall onernta to
postpone the pending drit Interfere with tie quotas
assigned therefor. III
IL seems 10 mo that there is nothing in ths Act that
revents the application or the 14th section to the
resent DRAFT, unless II may be the proviso thereto
Was intended by that proviso simply to limit ths
inc within which credits might bO claimed, aud not
D postpone tee application. Of tue rule credits
hen mttstcrtng an, TO future calls. -.'
am or the opinion that The l4th section OF said Act
applicable to the call FOR troops NY the Proai.
ent en- the 10Th December, 1854.
have lhe honor 10 be-
Very respectfully,
Your obodient servant,
JAMES SPEED,
Attorney General
Hon, EDWIN N. STANTON, sso'y or War
April 81, '65-lL