The Lancaster gazette. [volume] (Lancaster, Ohio) 1863-1886, 1863-08-20


War Dept ProvOt MarShal's Office,
Washington, August 8, 1853.
CIRCULAR No. GA.
l. The names of men who have en-
tered the,military service of the United
States for three years or during the
war, and which may by chance be
drawn in the draft, shall be stricken
by the Board of Enrolment of the dis
trict in which they may be drawn, from
the rolls of drafted men of that district
Suitable remarks, 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 or stricken
from the rolls of any district shall be
credited on the quota Of that district,
and their places shall not be filled from
the so per cent. drawn to cover exempt
ions under the second section ofthe en-
rollment act.
2. Boards of Enrolment are re-
minded that sections IL and II of the
Enrolment Act require that substitutes
shall be acceptable. Boards must salts
fy themselves in each case as to the ac-
ceptability in all respects of the sub
stitutes All the conditions necessary
to decide as to such acceptability in ev-
cry case, can not be specified, but the
conditions which recruits for the SER
vice of the United States are required
to fulfill should be observed in regard
to substitutes.
3. The following opinions Of Colonel
Joseph Holt, Judge Advocate General,
are published for the information Of all
officers of this Bureau, and for their
guidance. in the cases specified and in
analogous cases:
In cases of a father claiming exemption
for son under the 7th clause 0fthe I'd
section of the Enrolment Act, on the
around that he has already furnished
t,co sons to the military serUice, one Of
Uhom is n0'o dead.
OpiniOn.-The exemption claimed in
this case can not be allowed under the
seventh provision of the second section
of the Enrolment Act, because that
provision requires that there shall be
two members ofthe 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 men,
berS of the Enrolment Board and Of
Suffers.
Opinion-It seems that under the
comprehensive and imperative Ian.
guage ftho Enrolling Act, suffers TO-
gether with members of the Enrolling
Board, are necessarily subject to draft
If the latter are now in the military
service, it may be a ground, should
, they be drafted, for relieving them
: from the duties of the field, but not hav-
ing been in the military service on the
Sd of March, the law gives them nc
privilege of exemption beyond that
| which is secured to other citizens.
In Case of Exemptions Obtained by means
of Affidavit.
: Opinion long as the certificate o.
exemption remains in force, it would
not be proper to hold the drafted mar
liable to military service. The judge
ment of the Enrolling Board is declar
ed by law to be final upon the question
= of exemption, but it is so only while
, that judgement remains unreversed.-
, The Board, like any other quasi-judi
cial body, may revise its own action
l and correct any errors which it may
have committed. If, therefore, the de
cision has been based on oaths or testi
r monies subsequently ascertained to b.
t false, the Board should, having frs
a given notice to the party, proceed tt
reconsider its action; and if, for thu
, reason mentioned, thejudgementshoult
! be found to be erroneous, it should b'
r set aside, and the certificate of exempt
e ion based upon it should be vacated
!, and held for naught. The party shoulc
then be held for military duty as thougl
/, nosuch certificate had been issued
The persons making the false oaths il
j the matter would be subject to prose
Il cution, but as the military authoritie
have the first claim upon the part!
e drafted, he should not be turned over Il
n the civil authorities without the spec
ial direction of the Secretary of War.
In case any persons ,oho pere erempte
! from the draft Of 1862, byreaSon Of be
ing engaged in the MANUFACTURE Of arm
. for the Government.
G Opinion.-No ground is perceived OIL
which the claim of exemption made 70
these ihen can rest. The letter of tn
> Secretary of War does not touch tn
question. Itrecognizes them, it is true
as in the service of the Government
but this may we'll be without there be
l. ing in the military service in the sens
e of the Enrolling Act. They do no
: seem to have been ever enlisted in tn
service for which they were drafted
l. but, on the contrary, were excuse