Prescott journal. [volume] (Prescott, Wis.) 1861-1871, 1865-04-08
Opinion.
ATTORNEY GENERALs OFFICE. ]
Harcb Is. 1855
Hon f lwrn N. Stanton, Secretary Of
War:

Hon f wrn N. StaDton, Secretary Of
War
Upon the I4;h sectio. Of tie Act en-
titled " an Act TO Smend the several
Acts heretofore I,nssed to provide for tho
enrolling ard ealing ont Of the national
forces winch provides as follows
That hereafter ali persols mustered
mo The military or naval service. whetE.
er rs volunteers, substitute, representa-
tves or otherwise, shall be cred ted to tie
State and to the ward, town hip. IRE
cinct, or other enrolment sab-rIis'ric.,
whore such parsons belong by actusl
residence, IL such persons have m &C
tnyl residence within tho Cnted S;ates,l
and where such persons were or shnli be
enrolled, (if Liable tn enrollment:l and
il is hereby made the duty of the Pro.
v"st Marshal General TO make such ru!rs
ahd give such instructions to the several
Provost Msrshals, sBarcls OF EaroII-
insnt aid mastering nfficers, 10 shall be
necessary for the faithful enforcement Of
the provisions of this section, to tho end
that fair and just credit shall be given to
every section of tho country Prori.
dcd, That in any call for troops hereaf-
ie', no county. town. township, ward.
precinct or election district, shall have
credit except for men. actuall furnished
an said call, or the preceding call, by sid
county. town. township. wsri, precinct,
or election district, mustered into The
military or naval service on The quota
thereof.
You. in your letter of the 18th Of
March. ask my opinion on the following
points
/. sto the meaning of the words
'.actual residence" ms employed in the
above section. and the proper mole. &C.
corning 10 law, of determining the ac;u.
al residence Of men off.ring rs recruits.
III. Where the "aciual residence" Of
the recruit is in the sub district. and he 10
enrolled in different sub district, where
shall the credit be given
III. la cases where the recruit has
no legal domicil or actual resilance in
any enrolment sub-district, shall he be
credited TO the sub district or district
where he is enrolled, or shal he be al
lowed to select his locality
I The first OF the above question.
may be divided ino two parts. First, 8.
tn thu meaning of the words '.actual
silence" and secondly. az 10 the pro.
per mode of sscertsining the 'actual resi-
dence."
Il is very diff1,ruit to give a test hy
which the question of actual residence
may be determined in each particular
case A few general rules may he gir.
on, however. by which ysss majority Of
the case. can he reality determined
i. Every person must be presumed
to have nj actual residence sores hers.
/. a man can have bnt one actual
reslience al one and the SAM time.
8. A resid"nas once acquired 70
mains until another is acquired.
4. The place of mans origin 10
that of his actual residence until hs ne
quires another.
S. Minors have their actual residences
with their parents guardians, or II an.
pI~ntc6S Win tuelF iilhS erS.
6. Adnts reside at the places 81
their dwelling. A mans dwelling lie in
cantradistincticn to his pInce of bus;nean
trade. or occupstion. Hs dwclis at the
place he habi;uAliy sleeps or passe. hi,
nights.
I. In evert country there Is more or
less population floa' G ike drift, They
never expect 20 remain long at anv pihce.
and % thence whenever and, wherever
ths hope az employment NAV invite. or
fancy dictate. Sucf persons have ;he;r
acinal residence IN The c3mmuni;y in
which lbey may dwell st he time Of inc
enroilment y bsH
As TO the mode of ss>ersainine the &C.
tua residence Of recruit. III statue
gives authority 10 thu. Provost Marshal
g neral 10 make such rulas and give such
Instructions as will enabls the Boards OF
Enrolment and Mastering officers to a.
certain the facts, and assign the credit
according to the truth Of the cs-e. In
most cases, the affiiavit Of the enrolled
man would determine the MISTER. Bus
as it ia question. in which tbs sub die.
cooc'udsd % fesrsb psgsl