The Kenosha telegraph. [volume] (Kenosha, Wis.) 1860-1888, 1866-01-25
DisiranChiSemGnt Of AbSCOnders and De-
SGFlerS.

SGrIerS.
Opinion of Atsy Sen. sssi!.
ATTORNEY Gener4I Gill, has furnished the
following opinion in response 10 Resou-
ton of the Assembly. The communication
was received and read in the Assembly on
the 18th inst.
To The Houo,oble assembly Of tie State Of
N1scOaSla:
have received aud considered your res
Olutiou NO y a, which is as follows:
Rr>oats That the Attorney General be
requested 10 furnish this Assembly with
his Opinions as to whether the act Of Con
gress passed ON the 9TH day Of March 1865,
drafted and fled from, the country to avoid
military service, or failed to report for duty,
and also what evidence Of tue fact would be
sufficient authority for the rejection of their
votes,
BY the act Of Congress named in your
resolution, and proclamation Of the Piesi-
dent authorized by such act, bearing date
March 18th, 1865 the following persons are
DISTINGUISHED, to-~it;
LIST. Persons who deserted prior to the
18th day of March, 1866, and did not return
to duty or report to Provost Marshal Oh or
before the 10th day Of May, 1865
I'd. Persons who deserted alter the l1th
day of March, 1865, whether they after
ward return or not.
3D.. Persons vino were duly enrolled, and
after the Sd day Of March, 1865, departed
from the jurisdiction of the district in which
they were enrolled or went beyond the Inns
its of the United States, with intent to
avoid any draft into the military or naval
service duly ordered, whether they We're
drafted or not. This last class of persons
are not deserters in the common acceptatiou
Of the term, but are nevertheless disfran-
chised and regarded by the act in question
as equally criminal. AS to authority for
the rejection of the votes Of either of
these classes, no exact rule can be given to
govern in all cases.
1t may be safely said, however, that the
proof Of absence Of an enrolled person from
| this district at thestime Of draft if he was
not drafted in the absence Of any explanato-
Try circumstances, would be pytntu J1cis ev
idence that such person belonged to the
third class Of DISTINGUISHED persons, and tue
| burden Of proof would be upon him or those
claiming benefit from his vote, to show
that he was not absent With the intent to
avoid the draft But if such person was
drafted be cannot be treated as a deserter
until he has a notice and this notice may
be served personally or Dy leaving a notice
at his last place Of residence; failure to re
port after such service as required by such
notice, is by the laa desertion, see Sec. Il
aud 10, Of Act Of March Sd, 1863 with thi.
exception, however that if a PERSONS usua
business is away from town, and he is alb
sent attending to it when drafted he is no
deemed deserter until lac has haC
actual notice Of being so drafted
see section 8, Act 81 Congress appryrI Ju
y +th, 1864
u cau scarcely be- d0aut-d .a4t oa2ros
mas llie rigs. 20 5esAea~ay Laz ght7 Of suci
! persons under the government as refused +
J perform their obligations 10 il. or a.tenyl t
avoid thein as well as Of those who be-
come It's acti.e enemies
For detailed argument upou the snhiec
i contained ia your resolution. refer you /
the opluon Of my predecessor, the Hor
Winfield Smith page l48 Of record Of tbt
office IN which opinion fully CONCUR.
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