OCR Interpretation


St. Cloud Democrat. [volume] (Saint Cloud, Stearns County, Minn.) 1858-1866, April 06, 1865, Image 1

Image and text provided by Minnesota Historical Society; Saint Paul, MN

Persistent link: https://chroniclingamerica.loc.gov/lccn/sn83016836/1865-04-06/ed-1/seq-1/

What is OCR?


Thumbnail for

Coll
a i'.
1 '-. 11
VOL.
-.-..•-
vn.
mu
THE DEMOCRAT
I(* published at St. Cloud, Stearns County.
Minnesota, every Thursday afternoon.
OmcK—1» Poar Omn Biniauro, WAaaniotbs
ATtjrrt.
W. MITCHELL, Editor ir Proprietor.
S
TWO DOLLARS A TEAR, IN ADVANCE,
A E S O A E I S I N
One column, one year, f! $75 00
One-half column, cno year, 40 00
One-fourth column, one year, 25 00
One column, six months, 45 00
One-half column, six months, 30 00
One-fourth column, six months, 18 00
One square, one y*r, 10 00
One square* six months, 7 00
isiness cards, five lines or less, $5 per
anntr.n six lines, $6 seven lines, S7.
Lrgal advertisements at statute rates,
[i en lines of this siied type constitute a
square, and cards will be charged propor
tion te to the space they occupy in brevier
solid.]
O W O
Of 11 kinds executed with neatness and
dispatch, and at reasonable rates.
B5
Real Estate Agency,
S LOTTO I S S O A
EXTENSIVE
Explorations of Land in
_l tliis District subject to private entry,
and !oag experience in Land Office business,
ive the undersigned peculiar advantages
iu the
Selection of Land,
And location of Land Warrants.
a W a
or sale, at a small advance on New Fork
rices.
Contested Pre emptibn cases prosecuted
efore the Local and General Land Offices.
Attention paid to
E A E N OF A E S
Benton Sherburne Morrison and
counties.
for sale in St Cloud.
_•_ in S A. E A N S
O W A I
Tl A N E
A\D L1CEXSED DEALER £N
a a a
I a a a S
S O
it N a
it
DP. E
E A E S A E
sl-inns and Remittances promptly
I paid for Non-residents.'
Offi on Washington avenue, one door
south of the Central House. v6n!8-tf
W I I A A S O N S
Attorney and Counselor at law,
V. S a a a A
ST. CLOUD, MINN
PRACTICES
in all Courts, State and Fed-
eral: prosecutes claims before any of
tho Departments at Washington.
t&~ Particular attention paid to the eel
lection of Bounty and Arrearages of Pay
of Sol tiers, Pensions for Discharged Sol
diers or for the heirs of those who have
died in the service.
Office in 3d story, Broker's BioJt, over
J. C. & H. C. Bnrbank & Co. v6n23
E W A O. A I N
Has resumed the
A I E O A W
IN ST. CLOUD, MINN.
Ogee, Five Boon tonth of H. C. Wait's Bank
GEO W. S W E E
ATTORNEY AND COUNSELLOR AT LAW,
'ILL attend promptly to Collections,
and payment of taxes in Stearns and
Benton Counties. Special attention given
to cases before the Local and General Land
OHices.
Offlce oa 8t Germain it, ever Broker's Store.
ST. CLOUD, MINN.
C. O A N M. D..
PHY 81 CI AN AND S F/O EOII,
ST. CLOUD, MINN,
Office over Edelbrock's Store.
W R. N E
PHYSICIAN .AND SURGEON,
ST. CLOUD, MINN.
W E N
AND SURGE~ON,
PHYSICIAN'
Will practice Medicine in all its branches __
including midwifery and operative surgery A N
St. Cloud, Minn, Dec, 11th, 1862.
A A
Ittf
ST. CLOUD, MINN.
O Alstt I 8 O
JOB PRINTING,
-.
J8B5D TOUR ORDERS TO
mf
8 T. O O O S O E
J. M. ROSENBERGER,
BOOKSELLER, STATIONER NEWSDEALER
Ilaa always oa hand a Fia* Aaaortmant of
a S a
THE LATEST PAPERS & MAGAZINES
THE STANDARD SCH00LB00KS,
And everything usually found in a irst
class Bookstore. vfin!8-tf
PHOTOGRAP A E
PHOTOGRAPHS, AMBROTYPES, &c,
TAKE* AT
a a
Opposite the DEMOCRAT Office, Lower town.
Hours between 9 A. M. and 4 r. x.
Every variety of Albums, Frames and
Cases kept on hand. v5n52-tf
E E
[FROM LIVERPOOL.]
WATCHMAKER AND JEWELER,
SAINT CLOUD, MINN.
N. B.—Watches, Clocks, Time-pieces, Mu
sic Boxes, Jewelry, Ac, &c.
Neatly Fixed and Warranted.
Old Verge and Lupine Watches made in
to New English Patent Levers at a small
cost.
Engraving done to order. v5n51-ly
O N S W A
Keeps constantly on hand
Saddle*, Uarnett, Carriage Trimmings, fe.
St. Germain? street, neir Washington ave
nue. Saint Cloud, Minn.
S. O CRAWFORD,
DEALE & A N A E
OI
All ktMtfs uf Chair* and Household
ST. CLOUD, MINN.
N I O A S A E
Munitfaeturtr auWlKvln- in
Boot*, Shoes, leather and Findings,
(Between Tobey's and Book Store)
ST. CLOUD. v7n24-ly MINN.
A N O N S I
BOOT AND SHOE STORE.
A full supply of
Boots and Shoes,
BUFFALO OVERSHOES & MOCCASIN8,
Kept always on hand, and for sale at fa
vorable prices.
A good stock of Leather and Shoemaker's
Findings.
Particular attention paidto Custom Work.
The highest market price in Cash paid
for Hides. ANTON 8M1TH.
Washington av., St. Cloud. v6nl9-ly
J. W T. I E
MANUFACTURER OF CABINET WARE
Building and Carpentering attended to.
Hear tha 8tearas Howe, Lower Town,
ST. CLOUD, MINN.
ST. A A STORE
W MT. A S O N
WHOLBSALK I A I BT THB
Case or Package,
Coraerof 3d and Wabaahaw sts., opposite the Bridge
WATSON, DENS10RE C0.7~
Maaunveturera aad Dealers in
BREAD, CAKES, CRACKERS,
CONFECTIONERY,
Al*o, Carbon Oil, Burning Fluid $ Bemols,
At North-Western Steam Bakery,
Corner of Robert street and the Levee, 8t. Paul.
W E O
E A N A I O
WOULo
invite his friends and the pub-
lic call and examine his New Style*
to Gentlemen's Furnishing Goods. Partic
ular attention paid to custom work.
E N W W E A
CARRIAGEMAKER.
I
A E removed to my new shop near
the Bridge, There I am prepared to do
all kinds of work in the Carriagemaking
line. Wagons, carriages and sleighs made
in a neat and substantial manner at low
rates. Particular attention paid to repair
»8- toVtf
St. Cloud aad Sauk River
GIVEn
a Offices.
AGENCY
H, O. WAIT.
a a A a
AT ST. CLOUD, MINN.,
Ones next deer te the Unitea 8tates Lead Oftoa,
S particular attention to the selec
tio aad location of Lands for non-res
idents, 4c. All business entrusted to bis
are promptly attended to. rinlS
49-The Cirewlatfloa*. •rtama Democrat
Is DOVBLat tmmitmt aay either paper
paMltked above St. Aataoar Pall
Aelwartlaara reaneanaer this.
I
HARRY AtlO I.
Wa atood whan the anaka-lika Ivy
Ciliated ovar Uta maadow bar*,
And wattae* aa the young -aicht tarlaklad
The iky with her eraaat-whita atai*.
The was rat beneath aa—
Tha air ha4 the amall of Jnna—
Tha erleket ehirpad in tha fraaaea,
And tha aoft raja of tha atooa
Draw oar ihadowi on tha rnaadow,
DUtorted and lank aad tall
Hu ahadow Waa kiaaing my ahadow--
That waa tha beat of all.
My heart leaped up aa ha whiapared
*I IOTO yon, Margery Lea."
Tor then oaa arm of hi* ahadow
Want round tha ahadow of ma.
"I IOTO yon, Margery, darling,
Bacanee yoa are young and lair
For your eyea* bewildering blueaeae.
And tha gold of your curling hair.
No queen has hands that are whiter,
No lark haa a voice aa aweet,
And your ripe young lips are redder
Thau tha clover at ear fact.
"My heart will break with ita fullness,
Like a cloud o'ercharged with rata
0 teU me, Marg- ry, darling,
Uow long I mast love la Tela
With blaakeaaad aaallaa I ana wared—
(I will not teU what)—Juat then
1 aaw that his aaaey ahadow
Waa kissing my owa again.
He promised to love me only—
I promised to love bat him
Till the moon fell out of the haavaaa
And the stars with age grew dim.
Otbe strength of man's devotion I
0 the vowe a woman speaks
Tie years aiaea that Muah of rapture
Broke redly over my checks.
He found a gold that waa brighter
Than that of my Boating curia.
And married a cross-eyed widow
With a doaea grown up girls.
Aad I—did 1 ataa aad languish
Did I weep my blue eyea sore?
Or break my heart do yoa fancy,
lor lave that waa mine ae merer
I stand to-night la tha meadows
Where Harry aad I stood then,
Aad the moon ha* drawn twoahaaawa
Out over the grass agaia.
Aad a low voice keeps repeating—
So close te my atartled ear
That the shadows melt together—
"Hove you, Margery, dear.
Tie not for your cheeks" rich crimson.
Aad aot for your eyea' aoft blue.
But because year heart is tender,
Aad noble aad pore and true.**
The voice is dearer than Harry's
Aad so I am glad you aee,
no married the crin lyed widow,
Inetaad of Margery Lee.
I0MA9TIC STfIT.
Accoait ofaa Escape* Ml..r*oU rrt»
Osier.
From the. Stillwater Messenger.
Sergeant John Mav, a former resi
dent of this city, a veteran of Company
B, and at present a member of Com
pany A, First Minnesota Battalion, was
captured by the rebels in an engage
ment near Pittsburg, Va oa the 22d
day of June last, lie made his escape
by jumping from the ears, while being
transferred from Florence to Salsbury,
N. via Wilmington.
We give below a few incidents of his
capture, captivity and escape:
He was taken prisoner on the 22d
of June, as stated above, with 1,600 of
our men, and taken into Pittsburg that
night. They ware removed to Libby
Prison next day, where they remained
two days, long enough to be closely
searched, by an officer connected with
the prison, who took from them mon
ay, pocket-knives, valuables of every
kind, including sugar, coffee, &e, which
they happened to have on hand, hav
ing drawn four days' rations the day
before they were captured..
TDK SEARCH
was conducted in the basement, and
JohnJeing luckily located on the third
floor, received timely notice of the man
ner in which the examination was con
ducted and many were the ingenious
devices resorted to by the boys to save
their greenbacks from being appropria
ted by the thieving scoundrels, who
boast of their high sense of honor, and
chivalrous treatment of a conquered
foe. Learning that their pork was re
turned to them, many of them scooped
out a cavity in the meat, and, wrap
ping up their money in a snug roll,
concealed it therein, and by that means
generally saved their money. One
man twisted up a roll of bills, and
thrust them into the bowl of a large
wooden pipe, and covered them lightly
with tobacco but the examining, offi
cer, taking a fancy to the pipe, ap
propriated it for his own use, and the
rightful owner, was not only left
pipeless but penniless. Others sewed
their money in the linings of their
garments, and were generally success-
or two of patent hnen thread, and un
doing the skeins, and rolling up his
money—about torty dollars—in as small
a package as possible, wound hit thread
carefully around it, and stuck his nee
dles carelessly into it, and when the
in turning his pockets wrong
The Sergeant relates the following
incident, which occurred on the march
between Lynchburg and Danville.—
They had halted at a little town for a
few moments to procure water, and
when a great crowd assembled to gaxe
upon the extraordinary sight—many of
them never having seen a live Yankee
—and of course, the darkies were out
in full force. The Sergeant overheard
the following remark "Wy, lor a mas
se, dese men look jus like de rebs got
not horns at all!"
At Gamp Sumter, in Andersonville,
the prisoners were divided into detach
ments of three hundred men each, with
a Sergeant tor each detachment, called
a Hundred Sergeant,' whose business it
Was to call the roll every morning and
form his men inline, for the purpose
of receiving rations. These detach
ments numbered about 112, making
the number ot prisoners between 33,000
and 35,000.
i-iii—__
ST. CLOUD. MINNESOTA, THURSDAY. APRIL 6. 1865.
side out, saw the skein, he remarked
that it was d—d nice looking thread,
but'put it back into the pocket very
much to the relief of the owner. The
prisoners were then taken to Belle Is
Isnd, where they remained about ten
days,-and were then transferred to
Gamp Sumter, at Andersonvillc, Ga.—
Our cavalry had been raiding through
that country a few days previous, and
had cut the Richmond and Danville
Railroad, so they were taken by the
way of Lynchburg. They stopped one
day at that point and receiving two
days' rations, were marched on foot the
remaining distance—between eighty
and. ninety miles—to Danville. A ra
tion consisted of a small corn dodger
and about half a pound of bacon
The rations here consisted of nearly
one quart of corn meal, about a quarter
of a pound of bacon, and at rare inter
vals—once or twice a week—half a pint
of beans.
The stockade in which they were
confined was made by placing logs over
twenty feet long in an upright position.
About fifteen feet from this, on the in
side, a row of posts was pet, about four
feet high, with poles nailed along the
top, watah waa called the
"DEAD MRS."
A stream of water ran directly
through the camp, and, of course, was
crossed in two places by this "drad
line," and the Sergeant says he has of
ten seen men, who. came down to the
stream to get water near the prescribed
boundary, whilo stooping to dip up wa
ter with their cups, fair from weakness
and exhaustion, and accidentally fall
ing with. la few inches of their bodies
exposed beyond the pole, would be shot
dead where they fell. He once saw a
man shot dead by the guard.who was
scuffling with a comrade, and happen
ed to fall under this pole which consti
tuted the "dead line." On one occa
sion ot this kind, he overheard the au
thor of the dastardly deed hail a com
rade with, "I say, Bill. I've got a thir
ty days' furlough now, shore for I've
jist shot my regular Yank."
The excuse for this cruel regulation
was, ,»hat the prisoners were likely to
escape by scaling the walls, or burrow
ing their way oat, by digging under
the stockade in fact, a great many
did burrow out, commencing in their
tents, fifteen foet from the walls, and
having no tools, except common table
knives. Such were almost invariably
recaptured, as the distance was over
200 miles to our lines. The poor fel
lows, on being brought back, were usu
ally compelled to wear a ball and chain
for the rest of their term.
As an additional precaution, forts
were built on three sides of the camp,
and fifteen cannon planted thereon, all
bearing directly upon the enclosure.
The date of Mr. May's arrival was
the 10th of July—and on the day fol
lowing he witnessed the execution of
six of our men, who were hung in the
camp. The particulars of this sad af
fair have been published in all the pa
pers. These six were the ringleaders
of a band of hardened, blood-thirsty
wretches who systematically plundered
their comrades throughout the camp,
and when any resistance was shown,
u» «ww *..- Mr. May bad a skein the poor fellow was beaten to death
with clubs, and buried beneath the
tents of the murderers. After this
dreadful example, comparative order
and quiet reigned.
THKDKATHS
in camp were numbered from "80 to 100
daily. Twenty of the prisoners—hav-
ing given their parole not to go farther
than one mile from the camp—were
detailed to dig trenches, into which our
poor fellows were, tumbled, one hun
dred in each trench. If a man died
with a decent suit ot clothes on, they
were stripped off and he was pitched
into the "de td cart*' with nothing on
but his shirt. Although in the midst
of a forest, with an unlimited supply of
wood within sight, their rations of wood
were so small that they could only cook
their scanty rations of foot by clubbing
together, and six or eight cooking at
one fire. One rule of the camp was
that when a man was discovered dead
four men were allowed to carry him out
at the gate, and each one was permitted
to bring back one stick of wood. John
rays he has seen three or four knock
downs over a dying man, to decide who
•hall have the privilege of carrying him
out, in order to seenre, the prize ot a
little stick of firewood, while hundreds
of cords were rotting almost within
sight.
A number of 6*mule teams, driven
by negroes, were employed in removing
the dead bodieu. When a pile of them
had accumulated at the gate, the team
came along, and two negroes seizing a
dead body—one by the head and the
other by the feet—give him three
swings back and forth, as we often see
men handle bags of grain, and toss them
pell-mell into the wagon. Arriving at
the trench, the bodies were laid in rows
side by side, and a bit of paper con
taining the name, company and regi
ment, pinked on the breast of each,
and a board placed at the head with a
corresponding description.
Mr. May remained in this den of
horrors for two months and five days,
and was then—Sept. 15—started for
Salisbury, X. via Wilmington.—
This was at the time when Sherman
Was making his immediate presence
sensibly felt in the vicinity of Wilming
ton, and there was much confusion,
consteruation, and hurrying to and fro,
mounting in hot haste, and all that sort
of thing. John was obliged to remain
here one day, listening with unspeaka
ble j«»y and satisfaction to the sweet
music of Sherman's great guns which
were distinctly heard booming in the
distance.
On the 18th he started on a train
for Salisbury, and that night, when
about sixty-five miles out of Wilming
ton, he resolved to make one desperate
attempt to escape. The guard at the
door of the ear had gone to sleep, with
his loaded musket across the door-way,
and John, taking down his haversack,
containing about a quart of corn meal,
stepped over the prostrate guard, and
after satisfying himself that he was
really asleep, crept stealthily to the
edge of the platform, peered out into
the gloomy night, and made a bold
leap. The train was moving at the
rate of twelve miles an hour, and in
the language of the Irishman, the next
thing he knew he didn't know any
thing. He lay stunned and senseless
for a time, but on recovering, found
that no bones were broken, though he
was not in the best condition for trav
eling. The train was out of hearing, so
he was obliged to guess which direc
tion to take in order to reach Wilming
ton, but fortunately took the right
course, and at daylight turned off the
railroad, aud finding a secure retreat in
the thick bushes, slept soundly through
the entire day, resuming his journey
the next night. On the third night
he eame upon rebel pickets, but dis
covering them by their fires, and hav
ing previously ascertained from the
friendly negroes that there was a dirt
road a short distance from the railroad,
running parallel with it, he struck
through the swamps and bushes, and
gained it in safety. Here he was con
tinually obliged to make short detours
to avoid citizens and soldiers who were
fleeing from Wilmington.
On the fourth night, he came to the
Gape Fear River, ten miles from Wil
mington, and he knew if he could get
across that, he was safe. The river at
that point is over one-fourth of a mile
in width, with a swift current. His
meal was gone, but he invariably found
the negroes friendly, cheerfully divi
ding .their scanty stores of food with
him, and gladly piloting him on his
way, and pointing out the proper course
to take to avoid the rebel pickets.
CROSSING THB BIVER.
Stopping at a negro shanty he found
—i
-*L
'a"~
-Zs
m$m
an old negro woman, who quickly pre- our church teaches it, and the Uihi*
pared some food for him, and while par- warrants the teaching "It docs no,"
taking of their humble fare he noticed
a negro man sitting in one corner with
bowed head, and who appeared much
dejected. On inquiry, he ascertained
that the darkey had just heard of the
determination of the rebel government
to arm the negroes to fight the Yan
kees. "But," said he, with terrible
earnestness, "dis chile neber shoots one
of you Yankees."
John proposed to him to find some
means for ctossing the river, and as
sured him that as soon as he was safe
on the other side, he would be a free
man. This was about 10 o'clock at
night, and the negro started out to re
connoitre, but returned at 2 o'clock,
sorrowfully declaring that he could find
no boat, and that the ferry, a short
distance above, was strongly guarded
by rebels. John proposed to "appro
priate" a couple of "massa's" horse*
and swim them across, but the darkey
was confident no horse could accom
plish such a feat. Upon John suggest
ing to him that, perhaps, some dug-out
or trough of some kind might be found
capable of floating them across, the
darkey replied that there was a water
ing trough at the barn, about ten feet
long, but too heavy for them to "tote."
But when John inquired why not take
a horse from the stable and drag it dowa
to the river, the negro threw up his
hands, leaped into the air, and fairly
screamed with delight. This plan was
quickly put into execution, but when
about thirty rode from the shore, the
horse sank in the mud and could go no
farther. Tying the horse to a tree,
they rolled the trough the whole dis
tance to the river bank. It was an ex
ceedingly difficult and hazardous un
dertaking to paddle such s. craft across
the rapid stream—but freedom was too
nigh, and too many formidable dangers
bad been encountered and overcome,
to think of faltering now. John found
that his experience in riding logs and
navigating all sorts of crafts on the
Minnesota streams, was of use to him
in this emergency, and he "made the
riffle" in safety. The negro being fa
miliar with all the roads, they had no
difficulty in reaching our lines at Wil
mington. He arrived there on the 23d
of February, having been just five days
and nights getting through. His
weight at this time was just IOC pounds.
He was immediately furloughed fur
thirty days, and arrived home last
week.
A I N IK E E O
[The following was handed us by a gray
haired friend, and a church member, with
the request that we would publish.—
KD. DEM.]
The Washington Chronicle reports
a conversation that actually occurred in
the South on one of Jeff Davis' nu
merous fast-days. The rector of a
country parish called on a widow who
had lost two sons in the war, urging
her to go to church and pray for the
preservation of "our liberties." The
widow replied, "I shall not pray for
your confederates to have more liberties
than you have already taken. You
have taken the liberty to deprive me
of the two boys who were the stay and
comfort of my declining years and
they have fallen fighting against a
government that had never wronged
but always protected us, and they are
ruddering in unknown graves, if they
were buried at all. After 'taking tithes
of all I possess," your pre$s-gwg came,
and, after pretending to leave me ra
tions for six months for myself and
helpless daughters, helped themselves
to the rest of my store, paying me One
fifth of the market price in the worth
less paper ot your Confederacy. Your
straggling soldiers and provost-guards
come to my house at will to demand
lodging and food out of the pittance
left me, and insult me if it is not given.
Now, I cannot go into the house of
(iod, and pray for the success of such
a cause. The fear of what man may
do to us has forced many a Union-lov
ing man into your ranks, and it may be
prudent for me to hold my peace but
I will not 'cloak or dissemble' my feel
ings before our heavenly Father." The
confused rector paused awhile, and then
said, "I am sorry that your trials have
not subdued your rebellious and repin
ing spirit." "Do you believe that your
prayers will be answered said Mrs.
"Certainly, if they are offered
fervently and in faith," was the reply
-^--•T*-:
0
NO. 37.
rejoined the afflicted one. "And now
'et me ask you to reflect on the import
of the prayer which our church teach
es, and which }oa will, I hope, offer
fervently and in faith to day So say
ing, she pointed to the beautiful and
impressive passage of the Litany
"From all sedition, privy conspiracy
and rebellion, good Lord deliver us
THE EffROLLMENT LAW.
I O A S E I S I O N S O
IT. S A O N E E I E &
O in
ATTOHSKT GEKKBAL'S OFFICE, 1
March 15, 1865.
JTrn Edwin M. Stanton, Secretary of War:
Sia:—Upon the 14th section of the Act
entitled "An Aet to amend the several Acts
heretofore passed to provide for the enroll
ing ani calling out of tha national foreeS/'*
which rovides as follows:
That hereafter all persons mustered in
to the military or naval service, whether as
volunteers, substitutes, representatives, or
otherwise, shall be credited to the Bute,,
and to the ward, township, precinct, or Otfc
er enrollment sub-district, where such per
sons belong by actual residence, (if such
persons hare an actual residence within the
United States,) ai»d where such persons
were or shall be enrolled, (if liable te e«-
rolmeut) and it is hereby made the duty
of the Provost Marshal General to make
such rules and give such instructions to
the several Provost Marshals. Boards of
Enrollment, and Mustering Officers as shall
be necessary for 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 country: Provided,
That in any call for troops hereafter, no
county, town, township, ward, precinct, or
election district, shall have credit except
for men actually furnished on said call, or
the preceding call, by said county, t«Wfi,
township, ward, precinct, or election dis
trict, mastered into the military or naval
service on the quota thereof."
You, in your letter of the.12th of March,
ask my opinion on the following points:
First. As to the meaning of the words
"actual residence,' as employed in the
above section, and the proper mode, ac
cording to law, of determining the actual
residence of meu offering as recruits.
Second. Where the "actual residence"
of the recruit is in one sub district, and he
is enrolled in a different sub district, where
shall the credit be given
Third. In eases where the recruit has no
legal doiHicil or actual residence in any en~
tollmen! sub-district, shall be be credited
to the sub-district or district where he is
enrolled, or shall he be allowed to select
his locality
1-The first of the above questions may
be divided into two parts First, as Uf the
meaning of the words "acmal residence
and secondly, as to the proper mode of as
certaining the •'actual residence."
It is very difficult to give a test by which
the question of actual residence may be
determined in each particular case. A few
general rules may be given, however, by
which a vast majority of the cases can be
readily determined.
1. Every parson must be presumed to
have an actual residence somewhere.
2. A man can have but one actual resi
dence at one and the same time.
3. A residence once acquired remains
until another is acquired.
4. The place of a man's origin is tha* or
his actua: residence until he acquires an
other.
5. Minors have their actual residence
with their parents, guardians, or, if ap
prentices, with their masters.
6. Adults reside at the places of their
dwelling. A man's dwelling is in contra
distinction to his place of business, trade
or occupation. He dwells at the place he
habitually sleeps or passes his nights.
7. In every country there is more or less
population floating like drift. They never
expect to remain long at any place, and go
thence whenever and wherever 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 astu
al residence of a recruit, the statute gives
authority to the Provost Marshal General
a
f^f* "rt^ «»d give such instruct
ions as will enable the Boards of Enroll
ment and Mustering Officers to ascertain
the facts, and assign the credit according
to the truth of the case. In most eases,
the affidavit, of the enrolled man would de
termine the matter. But as it is a ques
tion in which the sub-districts have an in
terest as well as the recruits, and as the
recruits may, for bounties or bribes, de
clare contrary to the fact, their places of
residence, the rules to be prescribed should
admit of counter proof.
U-My opinion is, that where the actual
residence is in one sub-district, and the
titan is enrolled in a different sab-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 eredita for enrolled men. It
gives a rule of credits to the State, and to
the ward township, precinct, or ether en
rollment sub-disirict, for enrolled men on
ly. It is silent as to how or where recruits
not enrolled, or liable to be enrolled, are to
be credited. In order thai the credit may
he made according to the rule in this sec
tion prescribed, the man most not only
have an actual residence, but he must be
enrolled. The words of the section, "and
where such persons were or shall be en
rolled,"' relate to the fact of enrollment
rather than the place of enrollment. Those
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, aad espec
ially from the words in parenthesis, just
following those above quoted, to-wit: ("if
liable to enrollment,")
Ill-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

xml | txt