Daily national Republican., 1863-08-12
OFFICIAL NOTIGEH.
n FF I c I A L.

OFr1c1AL,
" , 1ywsA AxsiA.rnIs1,l.,
Pnovo'r MAs.nA. sIsslza' y o,,yesA, 3
or.sl.r No "a. ~tT"~P"rT - s.
i. The names othss - have sstsssx ~ m.
tary service of ths yAit14 stasss ~ thrss yeass
OF tbs war, and ~iiieh ~, " s6AKss, BE- dsewn
IA the dram, shall be stpjskeny " ~ 1Dsd ~ ~
rollment OF the district In which fksY nsv -
drawn, from the >soits 81 drafted N = taAS4is-
trict. Suitable fe.Aafls, sxplanate = tAs -.
shall, in esch id3ksa, - satsrsd uSes ~ rolls
opposite the ns5 e1s lssises9 - 49,. e;
stfieten nom ths seiS Il ssyAa1sA 2saIIs
credited on the qtssts of ~ Asn.ts - thsis
places shall not 10 ma fos1 ~ ~ ~ cent.
drawn to cover exemptions under the "a section Of
the Enrollnsat Ast. q q rqn gt.g.r r-I'srs
II. Boards Of EnfoImeat are reminded that SEQ
tions 10 and II OF the Enre,mspt ~, rsquire thst
suhstitutes shall be acceptable"
Boards must satisfy thsnsels . IN AAeh case -
TO the sooeptsbillty In all respects Of the substi
tute. All the conditions necessary 70 decide q 70
such aceeptability 10 every case cannot b specf
fed; but the conditions which recruits for the SER
vice OF the United States are required 10 fuInlI
should be observed In regard TO substitutes, =.
Ill. Tbs following opinions Of Colonel Joseph
Holt, tudss Advocate General, are published for
the information Of all onicers Of this Bureau, and
for their guidance 10 cssss specified and in Analo
gous cases. m L'"l"7 .''' - .'. ..
In case Of father claiming exemption for son,
under 7th clause Of ID section Of the Enrolment
act, on the ground that he has already furnished
two sons to the military service, one Of whom 10
now dead.
The sxsmp ion claimed 10 this case cannot be
allowed under the 7th provision Of the ID section
Of the Enrolling aot, because that provision re.
quires that there shall be fro members Of the same
family In the military service al he sane time 10
entite the residue Of the family to the privilege
granted.p -........,
With regard TO liability 10 dtaft OF members OF
the Enrolment BOARD and Of sutlers.
OPINION. t.....-,. .a.,
at seems that under the comprehensive and
imperative language Of the Enrolment Aot, SUIT
lers, together with the members Of the Enro,ling
Board are necessarily subject to draft. II the
latter are now In military service II may be .
ground, should they be drafted, for relieving them
from the duties OF the field; but not having bees
In the military service on the ID Of March, the law
gives them no privilege Of exemptlon beyond that
which 10 secured to other citizens,p ...r..
In case OF exemptions obtained by means oi
false afndavit.. .....
$50 long A. the certificate Of exemption remains
in force would not be proper to hold the drafted
man Is liable to military service. The judgment
Of the Enrolling Board 10 declared by the law to be
final upon the question Of exemption, hut II 10 70
only while that judgment remains unrsversed.
The Boaid, like any other quasi judicial body, may
revise Its own action and correct any srrors which
It may have committed. IT, thsiefore, tht decision
has been based on oaths or testimonies subse.
quentiy aseertained to be false, the board should,
having first given notice 10 the party, prosssd to
resodsster its action, aAd n for the ssAsoa men
,iosed the judsmsa: shead. hs fonaa 70 be ssro.
nsous, should be set aside, and the osraassts Of
exemption based upon It should bs vAsatst and
held for nausht. The party should then b. hold
for military duty As though NO such esrtiAssts ND
been issued. The persons making the falss oaths
In the matter would be subject to prosecution, but
the military authorities have the first claim on
the party drafted he should not be turned over 70
the civil authorities without the special direction
OF the Secretary OF War" ...... ..... ....
In case Of penons who were exempted from thu
draft OF 1872, by reason OF being engaged In tn
manufacture Of arms for the Governu<nt. me- %
..raH4 oPINioN.8 E.n3l -....
"No ground 10 peroeivsa On which the claim o
exemption made for these men can rest The lst
= ter Of the Secretary OF War does not touch tn
question. It recognizes them, It 10 true, as in tn
service Of the Government, but this they may wei
be without their being IN the military service 81
the sense Of the Enrolling aot. They do not seer
to have enlisted, to have been formally en-
tered into the service for which they were drafted
but, on the contrary, were excused therefrom be
cause Of their being engaged In the manufacture Of
arms for the Government, In Colts establishment
II 10 In reference to this latter employ ment that
they are spoken Of by the Secretary Of War a. IL
the service of the Govern ment,' and such servics
most clearly cannot exempt them"
In case OF substitute who proves to be deserte
! from military service, or a man already In tha
service,
l',"-' ..l OPINION.
- man who 10 under obligation TO perform
military duty on his own account cAnnot certainl
be received ~ a substitute for another To b
! acceptable In the sense Of the law, hs must 20,
sess all the legal qualifications for the service
But an enlisted man has disqualified and absolute
Q ly disabled himself from performing the duties @
a substitute, by engagements entered into witt
D the Government. 2. %
"Ths Board OF Enroiment has been impose
upon, and has granted = certificate OF exemption
because of a substitute furnished, who proves I,
be deserter, or one already In the military ser
vice, the Board should, after notice to the party
= proceed to reconsider its action, and should se
aside Its former judgment and annu the oertihcat,
: Of exemption granted. II 10 right to do so, on
> proper showing, Is undeniable-the act OF detsrm
lining upon the soeeptability OF tbs substitut,
being judicial In Its character, anu subject 10 re
vision and reversal The certificate OF exemption
having been thus vacated, the party's origina
: liability under the draft remAinH."
!, JAMES D. Fry,
sull-tf Provost Marshal General
n F. G l A L,