The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1865-03-24
OPINION.
ATTORNEY GENERALS OFpIor,
g.. Secretary of war.

Hon. EdtoiH II. Stanton, -
So Secretary of war:
Upon the l4th section Of the Act entitled An Act
to amend the several Acts heretofore passed to pro-
vide for the enrolling and calling out Of the nation
Al forces" which provides as follows;
That hereafter all persons mustered into the
military or naval service, whether volunteers sub
sttutes representative otherwise. shah be cred
or other enrolment subdistrict, where such persons
belong by actual residence, Qfsuch persons have an
actual residence within the United states,) and
whsre such persons shall be enrolled (if IL
able to enrolment and it is hereby made the duty
Of the Provost Marshal General to make such rules
and give such Instructions to the several Provost
Marshals, Boards of Enrolment, and mastering or
ncers as shall be necessary for the ftful enforce
ment Of the provisions this section to the end that
air and just credit shall be given to every section Of
the country: Provided That in any cali for troops
hereafter no county town township ward precinct or
shall have credit except for
tualy furnished on said call or the preceding by
said county town, township, ward precinct or cleo
ton district mustered into the military naval SER
vice on the quota thereof. "
You, in your letter of the 18th of March, ask nv
opinion on the following points:
First As to the meaning OF the words actual res
ldence, as employed In the above section and the
proper mode, according to law Of determining the
actual residence Of men offering as recruits
Second Where the actual residence Of the re-
cruit Is one sub-dstrict and he Is enrolled in
different sub-district, where shall the credit DO
givenl =
Thrd In cases where the recruit has no legal DOM
shall be credited to the subdstrct district where
he enrolled shall he be allowed to select his To-
calityi 2 fH 1tf
l. The first Of the above questions may be divided
into two parts First as to the meaning of the words
actual residence 4" and secondly, to the proper
mode of ascertaining the actual residence. I"
1t is very difficult to give test by which the aues-
ton Of actual residence may be determined In each
particular case; few general rules may be given,
be readily determined ttf -tsl1
l., Every person must be presumed to have al &C.
tual residence somewhere
A man can have but one ACTUAL residence at one
and the same time. afs ~
3 A residence once acquired remains until anoth-
or is acquired.
A. The place of mans origin is that of his actual
residence until he acquires another.
5. Minors have their actual residence with their
parents. guardians, or, if apprentices, with their
6. Adults reside at the places of their dwelling
mans dwelling is in contradistincton 70 his place
OF business. trade or occupation. He dweiis at the
place he habitually sleeps or passes his nights.
Z. In every country there is more or less Popula-
oP floating like drift Taey SeDee 70 T
wherever the hope of employment may invite, or
fancy dictate. Such persons have their actual resi-
dence in the community IN winch they may dwell at
Asto the mode Of ascertaining the actual residence
of recruit the statute gives authority to tho Pro-
yost Marshal General to make such rules and gives
such instructions as will enable the Boards Of Enroll
ment and mastering Officers to ascertain the taets
and assign the credit according to the truth or the
case. In most cases, the affidavit OF the enrolled
man would determine the matter But as it is a
question which the sub-districts have interest
as well as the recruits, and as recruits may for
bountes or bribes declare contrary to the fact their
places Of residence the rules to be prescribed should
admit Of counter proof
III. MY opinion s that where the actual resid. nce
10 in one sub.distrct and the man Ia enroll d in a
different sui district the credit should be given to
the district of his actual residence
The whole object and purpose of this section IL to
rule by VIII oh places are to REQ i've credits for
enrolled men, 1t gives rule OF credits to the State
and to the ward township, precinct, or other enrol.
ment sub DISTRICT for enrol ed only 1t Is silent
as TO how or where recruits not enrolled or liable TO
be enrolled, are to be credited In order that the
credit may Be n ade according to the rule in this
section pre'cribed, the man must not only hay, an
actsal residence but he be enrolled The words
OF tne section, "and where such person. were shall
pc enrolled" relate to the fact Of enrolment rather
tnan the place of enrolment Those words srs intro
duoed to announce the fact ofenroiment and not 10
anect or control the question the lsce crea
IT, This IL manifest from the context and espec,aiy
from the words in parent ess, just following tnose
above quoted. to wit: (''if Liable to enroment.
III. Nothing disappearing, 1t must De .aAea ~ ior
rolment, aud the Q edit given accordingly; A. now
rolled In particular sub district the person mas no
actual residence, then this statute i1rnlsnss rue
by which ths credit can be given. In such case tne
credit must be- given under The law, according to
the rule in fore, before and Independently Of this
Act. sTs,af
1 am, Sir. very respectfully,
81 49, Your obedient servant. u eearf,sr =.
~ JAMES SPEED,
mch24alt Attorney General,