Daily intelligencer. [volume] (Wheeling, Va. [W. Va.]) 1859-1865, 1865-03-24
oPTNToW-
ATgoRNHY eENERA1,s oPP1oE,

March Is, isss.
Hon. EDHZNA. STANTON Secrttary etWar:
SIR:-pp1s the 14th section Of the Act entitled
- @An Act 70 amend the several Acts heretofore
passed to provide for the enrolling and calling out
Of The rational forces which provides as follows:
.Tha9 hereafter all persons mustered into the
military or naval service, whether a. volunteers,
substitutes representatives, otherwise, shall be
credited ~ the tate, and to the waTd township,
precinctH OF er enrolment sub district, where
such perAcpN BSlong by actual residence, Iif such
persons have an actual residence within the United
States and where such persons were or shall be
enrolled, If liable to enroment); and It 10 hereby
MAX such rules and give such instruction to the
several Provost Marshals Boards Of Enrolment and
mastering OhcerB, as shall be necessary for the
faithful enforcement Of the provisions of this section
to the end that fair aud Just credit shall be given
to every section Of the country: ETOuided That in
any cal ior troops hereafter, no county, town,
have credit except for men actually furnished on
Eaid call, or the preceding call, by said county,
town, township ward 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 tho following points:
First. As to the meaning of the words "actuAl
residence" as employed in the above section, and
the proper mode, according to law of determining
the actual residence of men offering recruits.
Second. Who're the "actual residence of the re-
crnit 10 in one sub district, and he enrolled in .
different gub-district, whore shall the credit be
giyent
Third. In cases where the recruit has no legal
residence BE-
district, shall he be credited to the sub district or
district where he e enrolled, shall he be allowed
| to select his localityI ~
1.-the first of the above que Btions may be divided
into two parts: First, as to the meaning Of the
words "actual reSidenoe :" and secondly az to the
proper mode Of ascertaining the "aetuaI residence
1t IL very difficult to give test by which the Ques-
tion of actual residence may be determined In each
particular case. few general rules may be given
however, by which vast majority tho cases can be
l. Every person must be presumed to have an
| actual re SIdence somewhere.
2. man can have but one actual feaidence at
one and the Same time.
3. residence once acquired remains until an
| other Is acquired.
T. Tho place Of mans origin Is that of hiy actual
| residence until he acquires another.
8. Minors have then actual residences with their
parents, guardians, or, If apprentices, with their
/ masters.
8. Adults reside at the places Of their dwelling.
mans dwelling is in contradHtinction to his place
of business, trade or occupation. He dwells at the
place he habitually sleeps or passes his nights.
Z. In every country there Is more less popula O.
ton floating like drift. They never expect to re.
main long any place, and go thence whenever and
| wherever the hope OF employment may invite, OF
fancy dictate. Such persons have their actual rsSi
depce in the community in which thew NAV dwell ~
| the time Of the eprollment.s, - s,ssFi(
i :. AsstD the mode q alcertAihInR the a6tISIres,
Y Proyost htSsSas % Ia = Nv :
gtye NJ ne ndsi "a Af s.
snfo ln1ent and nustsf aceIs to ascertain the
facts, aud e1gn the qeeordtlg to the truth OF
In most cases, the afhdavit OF the enrolled
man would determine the matter. But as il ia 4
qpoat0n IN which the ub.diStTicts have an intereSI
IA wen M the recruits, and as recruits NAV, for
bountteB brbes declare contrary to the fact theIT
places OF residence the rules to be prescribed shond
admit Of counter proof
II..My opinionis that where the actual residence
is in one subdistrot, and the man il enrolled in
different sub district, the credit should be given la
the district Of his actual residence.
The whole object and purpose of this section ia ta
fix rule by which places are to receive credits for
enrolled men, gives rule of credits to tho State
and to the ward, township, pre- einc or other enroll
/ mGnt sub district, for enrolled men ouly II IL
silent as TO how or where recruits not enrolled or
liable to be enrolled, to be credited. In order
that the credit may be made according to the ruIe
Ia this section pre- cribed, the man must not only
have an actual residence, but he must be enrolled
The words of the section ''and where such persons
roment rather than the place of enrolment. Those
words are introduced to announce the fact of en-.
roment, and not to effect or control the question
as to the place of cridit. T6s Il manifest from he
context, and ESPECIALLY fIom tho words in paren-
thesis, just following those above quoted to wit ::
Z If liable to enrolIment.'')
l1I...Nothpg else appearing, it must be taken for
granted that the actual residence Is the place of
| enrolment, and the credit given accordingly If
however, 1t should be made to appear that though
enrolled in particular sub district, the person mas
tual residence then this statute f6rnishes M
| rule by which the credit be given IN Guch
case the credit must be given under the law or ao
cordtng to the rule in force before and iudepend.
emily of this Act. '-N'
l am, str, very respectfully,
| Your obedient servant
| JAMES SPEED,
| lnhz4-n Attorney General.