, 1865-03-25

furnished without abatement
1hS sesend opinion Y eansly inposas sqd Il
Enrolment Acts. We commend them to tho caro-
fnl study Of thole interested:
CONCERNING Quorls.
ATTORNEY GkNERA1'a Or11oE,
Hon. Edwin N. Stanton. Secretary Of War;
H1a:-1n your letter OF tho 11th Of March, you
ask me whether, under tho act Of Congress en-
tt1td San Act to amend tho several Ace hereto
ing Out Of the National forces. and fos other pu:.
potes,w approved Sd March. Icy. NJ Provost
aGass Il penaas
tions In the enrolment, made s1nce their assign
ment.
That y hero any revised enrolment in any Con.
grrsklonal or DRAFT district has been obtalned Of
msde, pr:or to any scsaa drawing or n.nes fron
may BE- adjusted and spport1oned to sneh revised
enrolment, 81 1t may hare stood before tho re-
Il viii be- perceived that the language Of this
section ia in the past sense, and psooerly 80.
though referring 70 fnture and existing enroll
action under the section Il was, therefore, right
TO speak of the cnro!nent, q pa.t fact as SOME
thing that bad to be done: Regarding the section
statute, 1t applies a well to any fatnre, a. to an
extatnE enrolment
But ii the tine fthe enactment, there VA a.
dona troops ndgf md lhis {: appesrs the p.o
yieos 70 The 18th and eth sections. It Is provided,
III the 18th section, that the En1e Of credits 3ed
he a'hia
he1tin cantaned sh.M .opezate to postpone the
pssa pss1saPF, d5a, eF interfere with 'bs quotas as
Ncllher Of these provtsos c.n be regarded as re-
pugnant to the l2th section. They nothing more
change the rule Of crcdtts to the pending draft
with III DC qao..s assigned therefor: Indeed Con-
oa Re o. peasas s a lei
not be intesfered with. This could have been done
in the enacttnc parts Of the statute, but may be
NOV tSe | epas eeps1seton, = presided Tor In tho 18th
section are made TO app1y to the present draft the
a9ota' A. .ssgnsd the.eior T, nS fnislsred ed
vii hase performed tier otase, and a! fatnse
draft, uu:t bc made subject to the rules pre-
Am, therefore, Of tho opinion that the Provost
Marshal General 'is@not feanired to chsnge tho
Corrections II the enfoiiment made aince their
lam, sir, ,sry respectfully.
| JANIS SPsEp Attorney General.
CONCERNING CREn1TB.
| ATTORNEY GENEhAl's OFFICE.
Mnrco Is, ls15.
sIR-Upon the 18th section Of the act entitled
ian Act to amend the several Acts heretofore
paced TOR the enrolling md calling out the na-
tiens1 Mheh pso.iasa a. f9o%si i,o H.,
| substitutes, representatives., or otherwise, shall
ship, precinct or other enrolment sub.dlktrlcs
where such persons belong BY actnaia1csidence
HGh says 99 tus
Of eh4 be enrolled (if liable to enrol!ment); and
It Is hereby made. The duty Of tho Provost Mar
aciopt Il he as7sla ProSos M
| Of Enrichment and mastering officers as ehalt be
necessary for the faithful enforcement. Of the pro-
JUST credit sh'A b. s!yen to every section Of the
country; fs7oridtd, That Ia any sall for troopa
tereaf CT. no county, town, township. ward: pro
cept for mru actually furnished on said call, ol
:be prt cedipr cal, by sad county, town, town
ship, ward, precinc; Of election district, muster
Yoa, n n your % ]eiter % q he 1s,h oi March. aal
my opnion on1ha following points:
Ftss. As 10 the meaning Of the words actua
reeidsnch" a. employed In the above section, no,
the proper mode, according. to law, Of detesmfn
iDg. the actual residence Of men Offering as re
Second. Where the "actual residence" Of tb
recruit Is in one sub-dlsttict and he be enrolle
IN different subdietrict- where shall the credi
be eIven7
Third. In eaEes where the recruit has no legs
doIptcle actuat residence IN any enrolment snt
distrct eha1 he be credited 70 The sab~dtstrict q
district Hhe1s he Is enrolled CT shall he be ALLOW
i. The frst Of he aooye questions may be d
vided INTO two parts: Ftfst, q to the meaning {
70 the proper mode Of ofaseertatntnc The actnal re-.
! ! dence.
II, ist; E,ssy m ps..en ns,t ~ b b presumed to h.v,
I'd, a man c,n hare hut one actual residence
r | enc uLd the same time.
:. 81. + rssiatnse once acquired remains unti1 a
zth. The place Of = mans origin Is that Of h
i actual residence until he scquircs another.
s9 navs ss
i 6ih. Adults retlde 1t the pl.ees Of their dive
piaes ot susines aao aa Or oeeapaon
: pa.sca his nights.
: : ulstion floating ike 1rift They never expee:
!, = md wherever the hope Unemployment may tn1i
. res,dence IN the community ia which they N
+ Al to the mode Of aacertatntus The aciaal re'
:, Deuce Of recruit, the statute gives authority
a he Provost Marshal General to nike such r1i.
:, snd girc. such tastrucuons as will enable I
q Hoa.ls q Entol.acns ND MasseEing oNsess
:, to the truth OK the ease. In most cases, the a
das,t Of he enrolled men woula e & determine e.
:. :. tr1cts hare interest well IL the recruits, q
:. 81 recruits may. for bounttes OF bribes, dccli
COT tnry to the fact. their places of residence,
tnlt4 70 Dc pIescl1bfQ HRopla xdulk OIL Cou1
- pxocf.
a. denee Is IN ono fuh-disict ard tho tnan Is enzt
"a given to The d1atrict of his actual residence.
- The whole object and purpase OF this section
TO nx rn!e hS which places are to receive cse<
10 for enrolled men. It gives Futo OF credit. to
= Il State, and 10 the ward. township, precinct,
=, other enrolment suo-district for enrolled !
~. only. 1t In silent as TO how or where recruits
~ enrolled, br liable 10 be enrolled, are to bc Gre
~. 3D. In order that the credit may pe made aecc
ing to he rulc in this Ecc.aoa prescribed. the
-" must not only have an acIusl 1esidc1Sc. bu1
1Enet be enrolled. The words Of the section. ~
where such psrsonfWeto or ahatl DO cnrofle
Ie'ntc to the tnct OF enrolment, rather. than
Iau 10 announce The f7ct of enrolment, and no
mt st1ect or control tho question as to the piac
~. | credit. This is manifest from the context,
WV especially from The words IN parcnthcs1s. just
m, LOVING thoEe xborc quoted, to WIT: e. II itobl
ma cnrollmrnt']
It, III. Noth;n: else appearing, 1t must b. Il
r.. for gT3ntra TINT the nctn1t- residence IL the p
''y' of enro1ncnt, and tho credit given accofdtr
1t1' IT, however, II xhould be tnzde to appear t
the though enrolled IN n particular snh,distrlct,
it perEon has no actual residence, then this eta
Ss+ IN. In such cases ihc cr.dft mtss be given III
'et The law, OF according to tho 1ulc In force he
~ and independently Of this act
1ec. an sir, rezy respectfully, your obedlent
IN vsn',' JAMES srEkp
~ ~ Attorney Genes
lcfe ESLlstAkS1s'
lew The CnltefMent9 On FTlt1y reached lcl1l
rics | tJ-nye. thus distributed: