Bedford inquirer. [volume] (Bedford, Pa.) 1857-1884, 1865-04-07

y
General of the United State is published for
the information of the people of this District.
GEO. EYESTER,
Capt. & Provost Marshal 10th Dist Pa
OPINION.
ATTORNEY GENERALS OFFICE, March Is, '65.
HoN. E. NJ. STANTON, Secretary of War:-
SIR: Upon the 14th section of the Act, en-
titled can Act to amend the several Acts
heretofore passed to provide for the enrolling
and calling out the national forces" which
provides as follows
"That hereafter all persons mustered into
the military or naval service, whether as vol
| unteers, substitutes, representatives, or other
wise, shall be credited to the State, and to the
ward, township, precinct, or other enrolment
sub-district where such persons belong by
| actual residence, (if such persons have an
| actual residence within the United States) and
where such persons were or shall be enrolled,
if liable to enrollment); and is hereby made
the duty Of the Provost Marshal General to
make such rules and give such instructions to
the several Provost Marshals, Board of En-
rollment, and Mastering Officers, as shall be
necessary for the faithful enforcement of the
provisions of this section, to the end that fair
and just credit shall be given to every section
of the country: PrOUided, That in any call
for troops hereafter no county, town, town
ship, ward, precinct, or election district, shall
have credit except for men actually furnished
on said call, or the preceding call, by said
county, town, township, ward, precinct, or
election district, mustered into the military OF
naval service on the quota thereof"
You, in your letter of the 18th of March,
ask my opinion on the following points:
FIRST. As to the meaning of the words ''ac-
tual residence, as employed in the above
section, and the proper mode, according to
aw, of determining the actual residence OF
men offering as recruits?
Second. Where the ''actual residence of
the recruit is in one sub-district, and he is
enrolled in a different sub-district, where shall
the credit be given
Third. In cases where the recruit has no
legal domicil or actual residence in any ENROLL
ment sub.district, shall be credited to the snb-
district or district where he is enrolled, or
shall he be allowed to select his locality
l The figures of the above questions may
be divided into two parts First, as to the
meaning of the words 'actual residenceii
aud secondly, as to the proper mode of asceri
tanning the actual resid ence."
1t is very diffcultto give atest by which the
question ofactual residence maybe determin-
ed in each particular case. A few general
rules may be given, however, by which vast
majority Of cases can be readily determined.
l. Every person must be presumed to have
an actual residence somewhere.
2 man can have but oneactual residence
at one and the same time.
8. A residence once acquired remains until
another is acquired.
4. The place of mans origin is that Of
his actual residence until he requires another.
s. Minors have their actual residence with
their parents, guardians, or, if apprentices,
with their masters.
5 Adults reside at the place of their dwell
ing. A man S dwelling isin contradistinetion
to his place of business, trade or occupation.
He dwells at the place he habitually sleeps or
passes his nights.
7. In every county there is more or less
population floating like drift. They never
expect to remain long at any place, and go
thence whenever and wherever the hope of
employment may invite, or fancy dictate
Such persons have their actual residence in
the community in which they may dwell atthe
time of the enrolment.
AS to the mode Of ,ascertaining the actual
residence of recruit, the statute gives au.
thority to the Provost Marshal General to
make such rules and gives such instructions |
as viii enable the Boards of Enrolment and |
Mastering officers to ascertain the facts, and
assign the credit according to the truth Of the
case. In most cases, the affidavit Of the en-
rolled man would determine the matter. But