Gallipolis journal. [volume] (Gallipolis, Ohio) 1837-1919, 1865-03-30

! fsrent sub district where shall the
credit be given2 -ie
Tbird-In cases where the recruit
has no legal domicil or actual resi-.
Idence in any enrollmentsub- district
shall he be credited to the sub-dis-
trict or district where be is enrolled
or shall he be allowed to select his
locality? &
1.-The first of the above ques.
tons may be divided into two parts
First, as to the meaningof the words
.sactual residence" and secondly, as
to the proper mode Of ascertaining
the "actual residence
1t is very difficult to give q test by
which the question Of actual resi-,
denee may be determined in each
particular case. A few general rules
may be given, however, by which a
vast majority of the cases can be
readily determined. -
l. Every person must be presumed
to have an actual residence some
where.
2. A man can have but one actual
residence at one and the same time.
8. A residence once acquired re-
mains until another is acquired.
4 The place of mans origin is
that of his actual residence until he
acquires another.
5. Minors have their ctual resi-
dence with their parents, guardians,
or, if apprentices, with their masters.
| 6. Adults reside at the places OF
their dwelling. A mans dwelling is
in contradistinction to his place oi
business, trade or occupation. He
dwells at the place he habitually
sleeps or passes his nights.
7. In every country there is more
or less population floating like drift
They never expect to remain long al
any place, and go thence whenever
and wherever the hope of employ
ment may invite, or fancy dI tate
Such persons have their actual resi-
dence in the community in which
they may dwell at the time of the en-
rollment
As to the mode of ascertaining the
actua. residence of a recruit, the
statute gives authority to the Pro
vost Marshal G General to make such
rules and give such instructions as
will enable the Board of Enrolment
and Mastering Officers to ascertain
the facts, and assign the credit &C
cording to the truth of the case. In
most cases, the affidavit of the en-
rolled man would determine the mat
ter But as it is aquestion in which
the.sub, districts hdye an interest as
well as the recruits, and as recruits
may, for bounties or bribes, declare
contrary to the fact, their places of
residence, the rules to be prescribed
should admit OF counter proof
H-AIy opinion is, that where the
actual residence is in one sub dis
trict, and the man is enrolled in a
different sub district, the credit
should he given to the district of his
actual residence
The whole object and purpose Of
this section is to fix a rule by which
places are to receive credits for en-
rolled men. 1t gives a rule of cred
its to the State, and to the ward,
township, precinct, or other enroll
ment sub district, for enrolled men
only. 1t is silent as to how or where
recruits not enrolled, or liable TO be
enrolled, are to be credited. In or
der that the credit may be made ac-
cording to the rule in this section
prescribed, the man must not only
have an actual residence, but he
must be enrolled. The words of the
section, land where such persons
were or shall be enrolled" relate to
the fact of enrolment rather than the
place of enrolment. Those words
are introduced to announce the fact
of enrolment, and no. to affect or
control the question as to the place
of credit This Is manifest from the
context, and especially from the
words IN parenthesls, just following
those above quoted, to-wit: ''if liable
to enrolment
III.-Nothing else appearing, it
must be taken for granted that the
actual residence is the place of en-
rollment, and the credit given accor-
dinghy. If, however, it should be
made to appear that, though enrolled
in particular sub district. the per-
son has no actual residence, then this
statute furnishes no rule by which
the credit can be given. In such
case, the credit must be given under
the law, or according to the rule in
force before and independently of
this Act.
I am, Sir, very respectfully,
Your obedient servant,
JAMES SPEED,