the hope of employment may invite or fancy dictate. Such persons have their actual residence in the community in which they may dwell at the time of the enrollment.
As to the mode of ascertaining the actual residence of a recruit, the statute gives authority to the Provost-Marshal-General to make such rules and give such instructions as will enable the boards of enrollment and mustering officers to ascertain the facts and assign the credit according to the truth of the case. In most cases the affidavit of the enrolled man would determine the matter. But as it is a question in which the sub-districts have an interest, as well as the recruits, and as recruits may, for bounties or bribes, declare contrary to the fact their places of residence, the rules to be prescribed should admit of counter- proofs.
II. My opinion is that there the actual residence is in one sub- district and the man is enrolled in a different sub-district, the credit should be given to the district of his actual residence.
The whole object and purpose of this section is to fix a rule by which places are to receive credits for enrolled men. It gives a rule of credits to the State, and to the ward, township, precinct, or other enrollment sub-district for enrolled men only. It is silent as to how or where recruits not enrolled or liable to be enrolled are to be credited. In order that the credit may be made according to the rule in this section prescribed, the man must not only have an actual residence, but he must be enrolled. The words of the section, "and where such persons were or shall be enrolled," relate to the fact of enrollment rather than the place of enrolment. Thos words are introduced to announce the fact of enrollment, and not to affect or control the question as to the place of credit. This is manifest from the context, and especially from the words in parenthesis, just following those above quoted, to wit, "if liable to enrollment."
III. Nothing else appearing, it must be taken for granted that the actual residence is the place of enrollment, and the credit given accordingly. If, however, it should be made to appear that, though enrolled in a particular sub-district, the person has no actual residence, then this statute furnishes no rule by which the credit can be given. In such case the credit must be given under the law or according to the rule in force before and independently of this act.
I am, sir, very respectfully, your obedient servant,
E. D. TOWNSEND,
WAR DEPT., ADJT. GENERAL'S OFFICE, No. 54.
Washington, April 6, 1865.
PENALTY FOR RETAINING OFFICERS IN SERVICE AFTER MUSTER OUT OF THEIR COMMANDS.
I. It is observed that some commanding general have violated the regulations and orders of the Department by recognizing and retining regimental officers of volunteers in service after the muster out of service of their proper commands, thus giving rise to many irregular claims for pay.
It is therefore ordered that hereafter, in all cases where said claims are presented, or the irregular and unauthorized retention of officers is otherwise brought to notice, the pay of the commanding officer responsible for the retention be stopped for the full amount of the claim or time subsequent to the date at which the officer or officers should have been discharged the service.
Nothing herein will be construed as modifying in any way the provisions of paragraph 3, General Orders, No. 110, of 1863, or as remitting the penalties thereby imposed, as follows:
No commissioned officer of any grade in excess of the legal organization will be recongined. Any commander who may acknowledge or receive, as in service,