The Kenosha telegraph. [volume] (Kenosha, Wis.) 1860-1888, 1865-04-13
OPINION.
AHoa' neg Generals Office, J
March %. 1865. (

| ts9 AHoH1n meg Generals Office,
+.st.a..r March "a, 1865. {
SIR:-ln your letter of the Oath inst, you ask
whether the oath section OF the act approved Sd
march. 1865, entitled, Gan Act to amend the
several acts heretofore passed to provide for
the enrolling and calling out the National forces
and tor other purposes" is applicable 10 the
call for troops made by the President. 18th De-
cember 1864. The section is as follows:
THAT hereafter, all persons mustered into the
military or naval service, whether as volunteers
substitutes, representatives, or otherwise, shall
be credited to the state, aud to the ward Town
ship, or prclnct or other enrolment sub.district
where such persons belong by actual residence
if such persons have any actual residence in the
United States and where such persons were or
shall be enrolled, if liable TO enrolment; and
it is hereby made the duty of the Provost Mar
shall General to make such rules and give such
| instructions TO the several Provost Marshals
Boards OF Enrolment, and the IN lstering officers
| as shall be necessary for the faithful enforce
ment OF the provisions of this section to tho
end that fair and ust credit be given to everv
az StiOn OF the country: proVided That in any
sail for troops hereafter no county, "a wn. town
ship, ward, precinct or election district, shall
have credit except for men actually furnished
on said call, or the proceeding call, by said
county town, township, ward, precinct or eec>
ton district and mustered into the military or
naval service on the quota thereof
The 9th section makes the Act take effect
| from and after its passage.
AH0 l7tu hectlOn IurnlbDeB the rule by which
men aohen mustered into the military or naval
| service, are to be credited to the various Iocal-
tiles from which they may come.
The 18th section furnishes the rule by which
credits are TO be given when computing for the
quotas OF the various draft districts. But tho 18th
section has proyis which expressly prohibits
the application OF the rule therein given to the
pending draft. From the fact that there is no
such proviso TO the l4th section it would seem
that was intended credits should be given
n ularf ha lin, oil
But the l4th section has proviso, the pecu~
mar language Of which would at first blush
seem to favor the idea that Congress intended
that the rule in that section prescribed, should
be future to the pending call. and not future to
the passage Of the Act That proviso declares
that credits shall not be given, except for men
actually furnished ON said cali or tie preceding
eaH The manifest purpose of the proviso is to
manded.
This section must be regarded as taking effect
from the passage of the act unless such a oon-
structon Is Inconsistent with, or forbidden by
other parts of the Act y .
AS stated in ny Opinion TO you of tho 1qtb
of March, it az pears from the face of this Act
that, atthe tine II was passed. there was pen.
ding draft un1er a call for troops in December.
1854, and II IS carefully provided that nothing
IN the ACT sh''ll operate to postpone the pending
draft, or interfere with the quotas assigned
therefor. Now the rule for giving credits at the
time Of mustetring in,wil not postpone the pres
ent draft or I'M arfere with the quotas assigned
therefor
1t seems to me that there Is nothing In tho
Act that prevents the application Of the 18th
section TO the present draft, unless it may be
the proviso thereto. 1t was intended by that
proviso simply to limit the time within which
credits may be claimed, and rot TO postpone the
application of the rule of credits when muster,
sI.g in to fl lure calls.
/ am Of the opinion that the I4th section OF
said Act is applicable to the call for troops made
by the president on the 19th!of December, 1854.
| hive tie honor to be.
Very respectfully,
Your obedient servant
JAMES SPEED, Atty GenI
Hon +. M stanton, Secy of War.