The Wyandot pioneer. (Upper Sandusky, Ohio) 1853-1868, 1865-03-29
Opi11on.
ATTORNEY GENELAL's OrpicB,.
March Is, 1865.

ST:--Upon the l4Jh section OF the act en-
titled ap act to amend the several acts hereto
fore passed, to provide for the enrolling and
calling out of the national forces, which pro.
yides as follows: That hereafter all persons
mustered into the military or naval service.
whether as volunteers, substitutes, representa-
tives, OF otherwise, shall be credited to the
States, aud to the ward, township, precinct, or
other enrolment sub district, where such per
sons belong by actual residence Gf such persons
have an actual residence within the United
Statesl, and'where such persons We're or shall
be enrolled (if liable to enrollnient) and it
IS hereby made the duty of the Provost Mar
shal General 10 make such rules and give such
instructions to the several Provost Marshals.
Boards Of enrolment, and mastering officers,
as shall be necessary for the faithful en-
forcement Of the provisions of this section, to
the cad that fair and just credit shall be given
to every seetion of the country Prouided, That
in any call for troops hereafter no county, town,
township, precinct. ward or election district,
shall haze credit except for men actually fur
nshed on said call, or the preceding call, by
said county. town, township, ward, precinct,
or,electiop district, or mustered into the mill
tary or naval service on the quota thereof.
You, in yput letter of the 18th of March, nsk
my opinion on the following points ..,,.
First. as to the meaning Of the words " actual
residence" as empoyed in the above section,
and the proper mode, according to law, of de-
termining the actual residence of men offering
as recruits. Second, whether the actual resi-
denee of the recruit is in one sub-distrlct. and
he is enrolled in different sub-districts, where
shall the credit be given? Third, in cases
where the recruit has no legal domicil or actual
residence in any enrolment sub district, shall
he be credited to the sub-dlstriGt. or district
where he is enrolled, or shall he be allowed to
select his localtvs . .l .. ng
The first of the above question: may be di- I
vided into two parts. FiRst, US to- the meaning
of the words actual residenee, and. secondly, as
to the Proper mode of ascertsining the actual
residence it is very difficult to give the test by
which the question of actual residence may be
determined in each particular cage. few
general rules may be given. however, by which !
a vast majority Of the cases can be readily de-
termined.
|. Every person must be presumed to have
an actual residence somewhere. T.,
.. A man can have but one actual residence !
at one and the same time
3. A residence once acquired remains until
another is acquired ia, .... A
A The place Of a mans origin is that OF his nc !
tual residance until he acquires another.
g., Minors have their actual residence with
their parents, guardians, or, ii apprentices, with
their masters.
C. Adults reside at the places of their dwell
ing, A mans dwelling is in contradistincton
TO- his place of business. trade or occupation, he
dwells at the place he habitually sleeps or
passes his nights. e
= In every country there, is more or less pop
niation floating like drift, they never expect to
remain long at,any place, aad 60 thence when
ever and wherever the hope of employment
ia Jiofo h
their actual residence in the community in
which they ,nuy dwell at the time of the en-
'olment. 80, t.4 .P.
As to the mode Of ascertaining the actual
esidence of a recruit the statute gives authority
o the Provost Marshal General to make such
'ules, and give such instructions, as will enable
he boards of enrolment and mastering officers
20 ascertain the facts, and assign the credit &c
,ordng to the truth of the case. In most cases
he affidavit Of the enrolled man would deter
nine the matter. But as it is question in
which the sub-distriets have an interest as well
IS the reeruits. aud as recruits may for bounties
,r hribes declare contrary to the fact their
places of residence, the rules to be prescribed
should admit of counter proof.
Second. My opinion is, that where the ae-
ual residence is in one sub district, and the
nan is enrolled in a different sub-district, the
,redit should be given to the district of his ac G
ual residence. The whole object and purpose
If this section is to fix q rule by which places
ire to receive credits from enrolled men, 1t
rives tule OF credits to the State, and TO the
yard township. precinct or other enrollmentI
for enrolled nten only, it is silent
Is to how or where recruits not enrolled. or
liable to be enrolled. are to be credited, in. or
Ter that the credit may be made according to
he rule in this section prescribed, the man
must not only have ap actual residence, but he {
must be enrolled. The words of the section,
nd where such persons were or shall be en-
oiled, relates to the fact of enrolment rather
han the place of enrollmeat. These words are
Introduced toannounce the fact OF enrolment, Il
nd not to affect or control the question as to Il
he plsc, OF credit. This is manifest from the L
ontext, and especially from the words in pa
enthesis just following those above quoted, TO-
ait. (if liable to enrollment)
Third. Nothing else appearing. it must be
AIKEN for granted that the actual residence is
be place Of enrolment. and the credit given
ctordingy. II, however. it should be made
, appesr that though enrolled in a particular 1
ub- district, the person has no actual residence,
len Oh he statute furnishes no rule by which the
redi. can. be given in such case the credit
nust be given under the law, or according to
he rule, enforced before and independently Of 3
l. aet
! am, sir, very respectfully seur ohd't servt
iSigned) JAMES SPEED,
Attorney General.
oAiciaD