Evansville daily journal. (Evansville, Ind.) 1863-1866, 1865-03-27
OPINIONS.
Arro.n.r easaa.I's 10.


HoA. Edria NJ ssansoa, ssresary Of War.
sIss-Upon the l4sh section Of tns Act emitted
b an AcE to amend ths several Acts -heretofore
Jeased 20 provide for ths slrolling and calling out
4 n national Oreess" which pEaFiies As folioSs;
!. That hsreafter al Persoa mustered lnt0 n
hitsry or naval asryics, whsiasr - voluntee 8.
M tatatss. representatives. s, CT other @5ss. shall
credited 10 he state, and 20 the ward TOW n
ship, preetnct, OF other enrolment sub-disfriet,
Snere such persons bel0ng by sexual Residence, Su
such persons hAvs an actual esi encs within the
United Staresl CT where such srs0us we're OF
shall be enrolled, s.f liable 20 snrolmsnt1 and u
hereby made the duty Of the Provost Marshal
General to make such rules and iyssuch iHsiFac-
sons 20 TIE several Provost Marshal Boards OF
Enrolment, and mastering 0flcsrs, shall b
necessary for the faithful enforcement Of he pro-
Visions Of this section, TO ths end that fair aud
just credit shall Be given TO every section OF the
country Provided, That in any call for troops
hereafter, no county, town, township, ward, p'e-
for actually furnished on said call, or the
preceding call BY said comfy, town. township
ward. precinct, or election district mustered into
the military or naval service on the quota
You, in your letter Of the 18th Of March, ask
my opiEion on the following points: -
FITa As 10 the meaning OF the words . actual
residences - employed in the above section. and
the proper mode, according TO law, Of deternin-
| ing the actual residence Of men Offering a. re-
eruits.
escoad. whore the actual residsnce Of the
recruit IL In one sub district, aud he j. enrolled
in different sub-ds strict. where shall the credit
be given1 pa
domicil OF actual residence in any eBrolment
su,-distriet, shall he be credited 70 the sub-dls-
triet district where be s enrolled, OF shall he
| be allowed to select his locality
1.-The FIRST Of the above questions may be d.
1 vfded into two parta: Fist, as 10 the meaning
/ OF the words 'actusl residence" and secondly,
as to the proper mode Of sseertaining the "aetnaI
Il e very diaicult to give test by which the
question Of actual residence may be.detsrmtned IN
zach particular case. few general rules y sy Pc
given, however, By which vast majority OF tne
/ cases can be readily determined
/ l. Every person must be presumed 70 have an
| actual residences somewhere ~.
| 2. man can have but one actual residence al
one and the same time -
3. A residence once acquired reH'Ains until an
Their is acquired
| actual residence unit he acquires another
| s. Minors have their actual residence with
their parents guardians, or, If apprentices, with
n Ajults reside at the places Of their dwelling
/ mans dwelling IL In contradistinctlou TO his
place of business. trade or occupation. He dwells
az the place he habituaily sleeps or passes his
In every country there Is mere or less popn.
Iation hoafipg like drift. They never expect &C
remain long Al any place and go th-nee wenessi
4 or fancy dictate. Such petsons have their aetua
residences In the community IN which they mas
/ dwell se The time OF the enroiment
A 10 the mode Of ascer takniug the actual resl'
dence Of 4 recruit the statute gives authority &c
/ the Provost IArshal General To make such ralea
and give 81 h Instructions as Will enable ths
boards OF EnroIrnent and Mus erlnG Ofioers 90 a..
certain the facts and assign the credit aeeordins
70 the truth Of the cass. IN most ases The afida
Wit of the enrolled man would dete- mine tbs ma
ter. But as Il ls question "A which the sup dis,
tricts have an interest well tbs rsc uits, and
as recruits may, for bonnties or brlbes, declare
contrary 20 he fact their Ilaes Of residence The
rule TO be prescribed should edaiit o. counter
u,..My opinion Is, that where The actual real.
dsncs is in one sub-aistr CT, and the man is en-.
role in different sub oh trict. the credit should
Dc given { to- district CT bis actual res denee
The gho.e object aud purps Sc OF this eetion =
to hx q RI by which places ars 20 reeeiye cred a
for enrolled men. It gives rule Of credits 20 the
State AID to the ward, towaships precnet or other
enrolpneat sub-d,,trfct for enrolled men only. II
Is silent to how or where recruits not enrolled
or lab 20 be enrolled. are to be credited Ia or
der that the credit may Be made according 70 the
rule ia this secEion preser. bed the nan must mol
only h4vs az acaual res8denees INT he NUT be en-
| TO ed. The words Of the sectians "aud where
such persons were or shall be enrolled, relate &
the act Of enrolment rather than the place Of en-
| rolm Mt Those words are introd ncs i 10 announce
the fact Of enTolme /, and not 70 Affect or contr9
the question a. 20 the lace OF credit This 4
manifest for the context, and especially fro tat
l worus in parenthesi Just following those above
quoted, to-wit; (sif liable TO enrolmeut.'1
III-Nothing else aIgearing, u must be taken
for ,srsntsd hat tie actu resids1ce - the acS
| Of e rolrnent, aud the credit given accordingly
4, howev T, 1t should b made 70 appear l. At
l Ihoug enroll In particular sub-dlstfict, I'M
person has no actual Residences aiat at'
furnishes no RUE by which the credit can DO given
In such case, the credit must be given ander til.
Law or according tothe rule in force before ant
indeps ndently of this Act.
n i am, Sir, very respectfully, @
~ ..Your Cbedieut servant,
~ - JAMES SPEED,
mr2T s2yla AaorAsy Gesseral.
! | s.a q p s. . 9 a