Sunbury American. [volume] (Sunbury, Pa.) 1848-1879, 1865-03-25
OkSs.NEDS.
ATTORNEY GENERALS OFFICE
March 10, 1866

ilon. EDWIN NJ. NTANToN, secretary OF war:
SIR Upon the 18th section of the act
entitled '.tn act to amend the several acts
heretofore passed to provide for the enrolling
ana calling out of the national forces"
which provides as follows;
That hereafter all persons mustered into
the military or naval service, wherher volun-
teers, substitutes, representatives., or other
wise, shall be credited to the state and to
the ward, township, precinct, or other en-
rolment sub.district. where such persons be-
long by actual trcsiderce, Gf such PERSONS
have actual residence within the United
States,) and where such persons were or
shall be crroed, Of liable to enrolment and
it is hereby made the of the Provost Mar
shal General to make such rules and given
such instructions to the several Provost
Narsi ais, Boards of Enrolment, and muster
ing Officers, as shall he necessary fer the
faithful enforcement of the provisions of this
section. TO the end that fair and Just credit
shall be given to every section of the coun-
try: Preceded, That in any call for troops
hereafter. cnunty. Town. iownshin. ward.
precinct, or election district, snail have Gre
dit except for men actually furnished on said
call, or the preceding CALL by said county,
towr township, ward, precinct, or election
district mustered into the military or rayal
service on the quota thereof"
You, in your letter of the 12Lll of March,
ask my opinion of tic following points:
First. AS to the meaning OF the words
''actual residence" ~ Employed in the above
section, and the proper mode, according to
law, of deterWining the actual residence OF
men otferiGg as recruits.
Secoaa Where the 'actual residence" of
the recruit is IN one sub-dstrict, and lie Is
enrolled in different sub-distriCt, where
shall the credit be given?.
Third In case where the recruit has no
! legal domicil or actua! residence in any en-
| rolmcnt sub-district. shall be be credited to
the sub-district or district where he is en-
rolled, or shall he be allowed to select his
| locality?
1.-The first of the above questions may
be divided into two parts: First, as 10 the
meaning of the words "actual residence; y
and secondly, as to the proper mode OF asccr-
tanning the "actual residence"
1t is very difficult to give test by which
the question. of actual residence may be de
termined in each particular case. A few
general rules may be given, however, by
which a vast majority Of the cases can DC
really determined.
/. Every person must be presumed to
have an actual residence somewhere.
dence at one and the same time.
3. A residence once acquired remains
until another is acquired.
4. The place of mans origin is that o.
his actual residence until he acquires ar
other
g. Minors have their actual residence will
! their parents, guardians, or, II apprentices
with their masters.
6. Adults reside at the place Of thei
dwelling. A mans dwelling is in contra
distinction to his place of business, trade o
occupation He dwells at the place ht
habitually sleeps or passes his nights.
Z. In every country there is more or les
population floating like drift They neve
expect to remain long at any place, and g
thence whenever and wherever The hope O
employment may invite, or fancy dictate
Such persons have their actual residence il
the community in which they may dwell u
the time of the enrolment.
AS to the mode of ascertaining the actua
, residence of recruit, the statue gives au
, thority to the Provost Marshal General t
make such rules and give such instruction.
as will enable the Boards of Enrolment an'
Mastering Officers to ascertain the facts
and assign the credit according to the trutl
OF the case. In most cases, the affidavit q
= the enrp,e men would determin the matter
But IL is a question in which the sub-dis
tricts have an interest as well as the recruits
and as recruits may, for bounies or bribe;
, declare contrary to the fact, their place
,, of residence, the rules 10 be PTescrloe'
: should admit of counter proof.
: H...My opinion is, that where the actus
! residence is in one sub district, and the ma
i is enrolled in a different sub-district, tn
: credit should be given TO the district Of hi
!, actual residence.
The whole object and purpose of this sec
ton is to fix rule by which places are
receive credits for enrolled men. 1t gives
rule of credits to the State, and to the ware
township, precinct, or other enrolment sui
q district, for enrolled men only. 1t is silei
k as to how or where recruits not enrolled,
# liable to be enrolled, are TO be credited.
20 order that the credit may be made accor'
!. ing to the rule in this section prescribe'
+ the man must not only have an actual res
ar 6ence, but he must be enrolled. The wore
N of the section, ''and where such person
- ...n a., st..it hs A Yf,le1 - ralata IA the "a