The Lancaster gazette. [volume] (Lancaster, Ohio) 1863-1886, 1865-04-20
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ATTORNEY GENERALS OFFICE,
March 9th 1SGS ,

SIN In your letter Of tho 22d inst. you ask
whether the 18th section OF the act approved 81
March, 1869, entitled IAN Act to amend the several
r,i 3 & psYS b 10 pTGSIe & Tor g ,nf sMr9s %
purposes" is applicable to tho call for troops mad,
10y the President 18th December, 1864 The s,.uoi
5 as follows
That hereafter all persons mustered into the mil
tary naym service, whether rs volunteers, sub
iStitutes or representatives otherwise shall b,
lcredt"d to the state, and to the ward, township
lprecrct other enrolment sub Sis tict where Sucl
persons belong ~ actual residence, Gf such person
Il have an actual residence within the United States,
and where such persons were or shall be enrolled
i(ill liable to enrolmcnU and II is hereby made the
luty of the Provost Marshal General TO max,
Isuch rules and give such instructions to the severu
Provost Marshals, Boards Of Enrolment, and Mus
iterlng officers shall be necessary for the faithful
Enforcement Of the PROVISIONS OF this section, to the
lend that fur and ;lst credit shall he given to every
section of the country: Provided, That in any cal
iOr troops hereafter, no county, town, township
lward precinct or election district, shall have cred
Iexcept for men actually furnished on said call, O
1.-The preceding call by said county, town, township
iWard, precinct or election district, apd musterct
nto the military or naval service on the quot
thereof.
The eth section makes the Act take effect from
land after its passage.
The 18th section furnishes the rule by which men
when mustered INTO the military or naval service
ilro to be credited TO the various localities from
(which they may come.
The 18th section furnishes the rule by whicl
credits are to he given when computing for the quo
HAS of the various draft districts. But the 10Th see
I ton has proyiso which Gxprcssly1prohihits theap
lplcaton ofthe rule therein given toho pending draft
From the fact that there is such proyiso in tn,
lith section It would seem that i was intended
lcrcdits should be given wnen mastering III under the
pending call
Rut the lith section has provIso, the peculiar
Language of which would Mt first blush, seem to avO
\ the idea that Congress intended that the rule il
THAT section prescribed, should be futnre TO the pen
ding call and not future to the passage of the Act
ieyccpt for men actually furnished said call tho
lpcndng call The manifest purpose Of the provsC
lis to limit the time within which credit may be de
imnnded. This section must be regarded as taking
Reflect from the passage of tho Act unless such con
lstructionis inconsistent with, or forbidden by Othc
parts OF the Act. As is stated in my opinion to yol
4ofthe 18th March, ltappcars from the face of this Ac
lpendng draft under n call for troops in December
lSGi, andt is carefully provided that nothing in the
Act shall operate to postp ne the peuding draft OF
Interfere with the quotas assigned therefor.
Now, the rule for giving credits at the tne o
Imustering in, will not postpone the present draft Ol
iiuterferc with the quotas assigned therefor.
Ii seems to me that there is nothing in the Act
the present draft, unless it may be the provso there
lb. 1t was intended by that proviso simply to limit
the time within which credits might be claimed; ant
not to postpone the application ofhe rule of credits
when mastering in, to future calls.
am of the opinion that the llth section Of said Ac
lis applicable to the call for troops made by the Pres
lident on the N December, 1864.
have the honor to be very respectfully, youl
Isignedl JAMES SPEED,
Attorney General.
Hon Edwin NJ. Stantcn, Sec of War.