Bradford reporter. [volume] (Towanda, Pa.) 1844-1884, 1865-04-20
OBJ NVnT
ATTORNEY GESERAL's OFFICE, March 2

ATTORNEY GENERALs OFFICE, March a. 1ses
SIR In your letter of the 22d inst, YOU asl.,
whether 14th sec. of the act approved Sd MarcI'
1865, entitled AN Act to amend the several Ao.
heretofore passed to brovide for the enrolling 80
calling ont the national forces and for other n,,
poses" is applicable to the call for troops made H.
the President 10Th December, 1864 The sectio3
is as followe
''That hereafter all persons mustered into n,
military naval service, whether as volunteer
substitutes, representatives, or otherwise, shall
be credited to the State, and to the ward, townsb
precinct, other enrolment sub-district wberr,
such persons belong by actual residence, if srJ
persons have an actual residence within the Tn;
ted States and where such persons were or shan
be enrolled, Gf liable to enrolment); and it is her
by made the duty of the Provost Marshal GeDer.I
to make such rules and give such instructions r.
the several Provost Marshals, Boards of Enro1ue,,
an Mastering Officers, shall be necessary for M
faithful enforcement Of the provisions of this SEQ
ton, to the end that fair and Just credit shall h.
given to every section of the country Pr0,iJeJ
That in any call for troops hereafter, no county
town township, ward, precinct, election district
shall have credit except for men actually fnrnisbed
on said call by said county, town. township ward
precinct or election, district, and mustered int
the naval service on the quota thereof"
The 9th section makes the Act take effect fror.
and after its passage.
The I4th section furnishes the rule by which
men, rIen mustered, into the military or naval ser
vice, to be credited TO the various lOcalitj..
from which they may come
The 18th sections furnishes the rule by whicl
credits are to be given when computing for the quo
tas of the various draft districts. But the 18th Sec
ton has poviso which expressly prohibits the ap
licaton of the rule therein given to the pending
draft. From the fact that there is such provi,9
to the 18th section, it would seem that 1t in.
tended credits should be given ,rten mastering il
under the pending call.
But the 14th section has proviso, the peculiar
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 IL
Act4 Thatproviso declares that credit shall not b
given, except for actually furnished ON sad
cal or tie preceedilg coH The manifest pulP0,e
of the proviso is to limit the time in which a cred
il may be demanded.
This section must be regarded as taking efec
from the passage of the Act, unless such co1.
struction is consistent with, or forbidden by OIL
er parts of the Act.
As is stated in my OpiOn to You of the 18th March
it appears from the face of this Act that at thr tine
it passed, there was pending draft under
call II December, 1864, and it is carefully proy
ded that nothing in the act shall operate to po..
pone the pending draft interfere with the QUO.
/ tas assigned therefor Now, the rule for gvln,
credits ct the time of mastering IN, will not post
pone the present draft or interfere with the quot,
assigned therefor.
1t seems to that there is nothing III the Act
that prevents the application Of the 18th secuolo
the present draft unless it may be the pToyi.a
thereto. It was intended by that proviso smrr
| 10 limit the time within which credits might p.
claimed, and not TO postpone the application oftz-
rule of credits, when mastering in, to future cal
am of the opinion that the l4th section o.; ,...
Act is applicable to the call for troops made lvtL
President the 18th December. 1864.
! have the honor to be-
Very respectfully your obedient servant
! JAMES SPEED.
Attorney Gentr.