Raftsman's journal. [volume] (Clearfield, Pa.) 1854-1948, 1863-08-26

Gu ~ NtuCi iOi tio tNioi ul&Aioh VI VIZ pun
WAR DEPARTMENT.,
PRoyosT MARSHAL GEN. OFFICE, :
WASHINGTON, Aug. g.
Circular No. "a.
l. The names of men who have entered the
Military service OF the United States for three
years or the war, and which may, by chance
be drawn in the draft. shall be stricken, by
the Board of Enrolment of the District
which they may be drawn. from the rolls of
drafted OF that District. Suitable re-
marks, explanatory of the case, shall in each
instance, be entered upon the rolls opposite
The names thus stricken from them The
men whose names may be so drawn and strick
en- from the rolls OF any district, shall be cred
lied on the quota OF that district; aud their
places shall not be filed from the 80 per cent
drawn to cover exemptions under the I'd sec
tion of the Enrolment act
2. Boards OF Enrolment are reminded that
Section l3 and Ii of the Enrolment Act, re
quire that Substitutes shall be acceptable
Boards must satisfy themselves in each case,
as TO the acceptability, in all respects, of the
Substitute. All the conditions necessary to
decide as TO such acceptabIlity in every case
cannot be specified but the conditions which
recruits for the service OF the United States
are required TO fulfil should be observed IN
regard TO Substitutes.
g. The following opinions of Colonel Joseph
Holt, Judge Advocate General, are published
tor the information of all officers of this Bu-
reau, and for their guidance in the case spec
ified and in analogous cases.
In the case of father claiming exemption
for son under 7th clause of I'd Section of En-
rolment Act on the ground that he has al
ready furnished two sons to the Military Ser
vice one of whom is now dead.
Opinion-ssThe exemption claimed IN
this case cannot be allowed under the 1th pro
vision of the % Section of the Enroling Act,
because that provision requires that there
shall be two members of the same family in
the military service at the same time, TO en-
title the residue of the family to the privilege
granted
| With regard to liability to draft Of members
Of the Enrolment Board and of Suffers.
OpiniOn-ssIt seems that under the compre
hensive and imperative language OF the Enrol
| ling Act, Suttlers together with the members
of the Enrolling Board, are necessarily sub
| icct TO draft II the latter are now IN tue Mil
itary service it may be gr ound, should they
| be drafted. for Re lieving them from the duties
| of the field ; but not having been in the mill
! tary service the Sd OF March, the aw gives
no privilege of exemption beyond that which
| is secured to other citizens"
| In case of exemptions obtained by means OF
false afiidavits.
Opinion-'sSu long as the certificate of
| exemption remains IN force, it would not be
|
military service. The Judgment of the En-
roment Board is declared by the law to be
! final upon the question of exemption, but 1t
| is so only while that remains unreveTsed. The
| Board, like any other quasi judicial body ma
revise its own action and correct any errors
| which it may have committed. If therefore
! the decision has been based oaths or testi-
| monies subsequently ascertaned to be false
| the Board should, having first given notice to
the party, proceed to reconsider its action and
| ii. for the reason mentioned the judgement
should be found to be erroneous. it should be
set aside, and the certificate of exemption ba
sed upon it, should be vacated aud held foI
| naught. The party shenld then be held fol
| military duty though no such certificate
had been issued. The persons making tht
false oaths in the matter would be subject tC
| prosecution, ont the military authorize;
have the first claim the party drafted, ht
should not he turned over 10 the civil author
tiles without the special directions of th'
secretary of War
In case OF persons who were exempted from
the draft OF 1862, by reason of being engaged
in the manu- facture of arms for the govern
ment
Opinion-ssNo ground is perceived ol
which the claim of exemption made for thes
men can rest. The letter of the Secretary o
War does not touch the question. 1t recog
pizes them. it is true, as in the service O
, | IHN government. qua tHlc tbtN may we
, be without their being in the military service
in the sense of the enrolling Act. They d
| not seem to have been ever enlisted, or (
have been formally entered into the servic
| for which they were drafted. but on the con
| trary, were excused therefrom because c
tbei being engaged in the manufacture of arm
tor the government. in Colts establishment,
| Ii is in reference to this latter emp0ymer
that they are spoken of by the Secretary c
war. as in the service of the government
and such service most clearly cannot exsmu
them"
In case of substitute who proves to he
deserter from military service or IA man a
? ready IN that service.
, Opiuion-,.A man Who is under obligf
ton to perform military duty on his own &C
count cannot certainly be received as a subst
tute for another. To be acceptable in III
D sense of The law, he mnst possess all he leg;
: qualifications for The service. But an eulis
| ed man has disqualified and absolutely dis;
bIed himself from performing the duties of
= | substitute by engagements entered into wit
! the government. II the Board of Enrollmet
has been imposed upon, and has granted
Z certificate of exemption, because of subst
D tute furnished. who proves to be deserte
| or Que already i'll the military service n
Board should, after notice to the party pr,
| ceed to reconsider its action, and should S,
Il aside its former Judgement aud annuI the ee
tificate of exemption granted Its right to d
| so. on proper showing is un0eHiable-tt
act of determining upon the acceptibility ,
t the substitute being judicial in its charact,
and subject to revision and reversal. Tt
! certificate of exemption having been thus "
" Gated the party's original liability under til
g draft remains" JAMES B. Fry
n Provost Marshal General.
WAR DEPARTMENT,
PRovosT MARSHAL GENERAL's OFFICE,
! WASHINGTON, d. g. Aug, 9th 1858
,r Circular No. IS.
The foIiovino ipfarnrpf afion of tho saoo,