The Kenosha telegraph. [volume] (Kenosha, Wis.) 1860-1888, 1865-03-30
a ON.
ATTORNEY GENERALS OFFICE, }
March rs. 1861

| ATTORNEY GENERALS OFFICE, !
| March 10, 1865.
Hon. Eaa0in N. Stanton, Secretary Of Var.
SIR: Upon the 14th section of the act entitled Go
act to amend the several acts heretofore nassed n
provide for the enrolling and calling out of the nator
al forces," which provides as follows:
"That hereafter all persons mustered into the mil
tary or naval service, whether volun teers
tutes, representatives. Otherwise shall be credited
to the State and to the ward, township precinct or
otner enrolment subNdistricts, where such persons
belong by actual residence, (f such persons have an
actual residence within the United state and where
such persons were or shall be enrolled (if liable TO
enromenD; and it is hereby made Ethe duty ot
the Provost Marshal General to make such rules ana
give such instructions to the several prsyost Mar
shals, Boards of Enrollmen and mastering Off GERS
shall be necessary for the faithful of The
provisions of this section, to the end that r and
Just credit shall be given to every section Of tbs
country pr0Uaded that in any call for troops hereaf
yer, no county, town. township, precinct or election
district, shall have credit except for men actno
furnished in said call the preceding CALL bv saiS
county, town, township ward, precinct, or eectioB
district mustered into the military naval service
thereof" g 49, - ~
You, in your letter of the 18th of March, ask my
opinion on the following points: ~
First. AS to the meaning of the words aac.uaI
resdence, as employed In the above section and lbe
proper mode, according to law OF determining the
actuai residence of men Offering as recruits
Second Where the "actual residence" of the re-
cruit is in one subdistrict, and he is enrolled in
different sub-disfict, where shall the credit be Civ
emf fr. o.
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-dstrict or dis
trict where he IS enrolled, or shall he be allowed to
select his locality?
L. The first Of the abo We questions may be divided
IN to two parts: first as to the meaning of the words
"actua residence" and, secondly, as to the proper
mode OF ascertanirg the "actual residence
1t Is very difficult 10 give test by which the ques>
ton OF actual residence may be determined in each
particular case. lev general rules may be given,
however by which vast majority Of the cases can
be readily determined. 80 |
.
'nal residence somewhere
2 man can have but one actual residence at one |
and the same time.
3. A esidence once acquired remains mn nm
other is acquired.
A. The place of mans origin is that If his actual
residence until he acquires another |
b., Minors have their actual residence with their |
parents, guardians, or, If apprentices with their |
masters. "a y '
6. Adults reside at the places of their dwelling
mans dwelling is In conradistincton to his place
OF business, trade or occupation. He dwels at the
place he habitually sleeps or passes bis nights.
T. In every country there 10 or less
floating like drift. They never expect to remain long
1t any place. and go thence whenever and wherever
NE hope OF employment may invite, or fancy dictate
such persons have their actual residence in the com.
nuniy in which they dwell at the time of the enroll.
nent.
AS to the mode of ascertaining the actual residence
II a recruit, the statute gives authority to the pro
'ost Marshal General to make such rules and oiva
uch Instructions will enable The Boards of EnpoI
nent and mastering officers to ascertain the fac,s d
n most cases. the affidavit Of the enrolled man wonId
etermins the matter. But as it is question In wbcb
he sub. districts have interest as well as tbe -
rults and as recruits may for bountes bfjbes de-
lars contrary.to the fact their places OF Residence
he rules to be prescribed should admit of counter
roof.
ii. My opinion is, that where the actual residepce
in one sub district and the is enrolled In diff
erent district, the credit should be given to the
ist let of his actual residence -
The whole object and purpose of this section il to
x rule by which places to receive creditJ for
nrolled men, 1t gives rule of edits to the State
nd to the ward, township, precinct, other enroll,
tent subdstrict, for enrolled men only 1t is silent
70 now or where ecruiis not enrolled, or liable 10
G enrolled, are to be credited In order thai The q
redit may be made according to the rule in this set
on prescribed, the must not only have a. acu g
residence bat he must be enrolled he words OIL a
Re section and where such persons shall be II
nroed," relate to the Of enrolment rather
} the place Of enrolment Those words intro q
uced 10 announce the fact of o:neu, ard not to ~
fleet or or control the question the place 81 edit m
his is manifest from the cont ard especially from
ie words in pareDthesis just following those above
uoted, to wit. "if liable TO enrollment.')
Ill. Nothing else appearing, must be taatu Tor
ranted that the actual - the place @" CTS
1llment and the credit given accordingly. ~ how 50
yer, il should he made appear that, though carroll
in particular sub district the person has no act
al residence IL en- this statute furnishes rule by N
hich the credit be given. In such case, the l.
edit must be given under the law according the o.
lie In force before ard independently of this act of
am, Sir, very respectfully, fof
Your obedent servant, III
JAMES SPEED, tn
Attorney General.