American citizen. [volume] (Butler, Butler County, Pa.) 1863-1872, 1865-04-19
Important Decision.
ATTORNEY GENERALS OFFICE,
AI..l ~ llHl

March "a, 1868.
SIR:-In your letter of 22d inst. you
ask whether the l4th section of the Act
approved Sd March 1868, entitled "An
act to amend the several acts heretofore
passed to provide for the enrolling and
calling out the national forces, and io
other purposes" is applicable TO the call
for troops made by the President 10Th
December 1864. The section is as fol
lows:
That hereafter all persons mustered
into the military or naval service, wheth-
er as volunteers, substitutes, representa-
tives or otherwise, shall be credited to the
State, and to the ward, township, precinct
or other enrolment sub-distrsct where
such persons belong by actual residenceI
(if such persons have an actual residence
within the United States, and where such
persons were or shall be enrolled Gf liza
BILE to enrolment; and it is hereby made
the duty of the Provost Marshal General
to make such rules and give such nstruc.
tions to the several Provost Marshals and
Boards Of Enrolment, aud mastering OF
ficers, as shall be necessary for the faith
ful enforcement of the provisions Of this
section, to the end that fair and just credit
shall be given to every section of the cOun !
try: Prooided, That in any call for troops
hereafter, no county town, township, ward
precinct, or election district shall have
credit except for men actually furnished
en- said call or the preceding call, hyI
said county, town, township, ward, pre-
cinct or election district and mustered
into the military or naval service on the
quota thereof"
The 9th section makes the Act fake
effect from and after its passage.
The lith section furnishes the rule by
which men, phea mustered into the mli
tary or naval service and credited to the
variohs localities from which they come
The 18th section furnishes the rule byI
which credits are to be given. when com-
putting for the quotas OF the various draft
districts But the 10Th section has prof.
viso, which expressly prohibits the apph-
cation Of the rule therein given to the
pending draft. From the fact that there
is no such proviso to the l4th section, ID
would seem that it was intended th"tI
credit should be given whea the maSterHg
in under the pending call.
But the l4th section has proviso, the
peculiar language of which would, at first
blush, seem to favor the idea that Tongress
intended that the rule, in that section pre-
scrihed, should be future to the pending
call and not future to the passage of the
Act That proviso declares that credit
shall not be given, exccst for men actually
furnished on said on said call or the pre-
ceeding call The manifest purpose of
the proviso is to limit the time within
which a credit may be demanded.
This section must be regarded as tax
ing effect from the passage of the Act,
with, or forbidden by, other parts of the
Act.
As is stated in my opinion to you of the
18th of March, it appears from the face
ofthe Act, that, at the time it was passed
there was pending draft under the call
for troops in December, 1864, and it is
carefully provided that nothing in the
Act shall operate opostpone the pending
draft, or interfere with the quotas assign
ed therefor. Now, the rule for giving
credits at the time of mastering in, will
not postpone the present draft or interfere
with the vuotas assigned therefor.
1t seems to me that there is nothing in
the Act that prevents the application OF
the l4th section to the present daft, un-
less it may be the proviso thereto. 1t was
intended by that provIso simply to limit
the time within which credits might be
claimed and not to postpone the apphca-
tion the rule of credits, when n,usterinq
in, to. future calls.
am ofthe opinion that the l4th section
of said act is applicable to the call for troops
made by the President on the 18th De,
cember, 1864.
/ have the honor to be. very respect.
fully, your obedient. servant,
JAMES SPEED,
Attorney Gen'1