Evening star. [volume] (Washington, D.C.) 1854-1972, 1863-08-12

WAR DBrARTMKNT,
Provost karsAas Generate 0Goe,

Provost Ndrshas Generate OEce,
Wasaiaessss Dc. Aususs >, ., seOa.
have entered the military ser vice OF the United
States Tor three yeaxs or the war, and which
may, 81 chance. BE drawn in the dra.t, shalt
district in which they may be drawn, from the
rolls Of drafted men Of that district. Suitable
remarks, explanatory of the cass. shall, In each
instance, be entered upon the rolls opposite
the names thus stricken from them.
The men, whose names may be 80 drawn aud
stricken from the rolls Of any district, shall be
credited on the quota of that district; and their
drawn to cover exemptions under the I'd sec.
ton Of the Enrolment Act,
II. Eoafds Of Enrolment are reminded that
Sections IS and IL of the Enrolment Act require
that substitutes shall be acceptable"
Boards must satisfy themselves.in each case,
rs 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.
III The following opinions Of Colonel Joseph
for the information of all Onicers ofthis Bureau,
and for their guidance in the cases specified and
in analogous casey
son, under eth clause Of I'd section or the En-.
roilment Act, on the ground that he has already
furnished two sons TO the military service, one
OF whom is now dead.
OPINION.
aThe exemption claimed i'll this case cannot
be allowed under the 7th provision of the I'd
section of the Enrolling Act, because that pro.
vision requires that there shall be taro members
OF the same family IN the military service al tie
same He, to entitie 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.
&C Ii seems that under the commemorative n md
imperative language OF the Enrolling Act, Sat
lers, together with the members of the Enrol
ing Eoard, are necessarily subject to draft. II
the latter are now in the military service it
may be ground, should they be drafted, for
relieving them from the duties of the field: but
not having been in the military service on the
I'd OF March. the law gives them no privilege
of exemption beyond that which is secured 10
otfer citizens"
In case Of exemptions obtained by means OF
fil-e affidayis.
$50 long "a the certificate OF exemption re.
mains III force it would not be proper to hold
he drafted man as liable to military service
The jndgn,rnt of the enrolling Board is declared
by The law to be final upo.l the question OF
exemption, but it is SO only while that judg-
inert remains unrcversed The Board, like any
other quasi Judicial body, may revise its own
action and correct any errors which it NAV
have committed. II thei efore the decision has
been based on oaths or testimonies subsequent
ly aScertaiDed to be false, the EOald should
Hstt iUS ITSL gwen HOtlCe TO the party, proceed
to rf consider its action, ard if, for the reason
me- Eoned, the judgment should be found err
ronsopc. it should be set aside, and the certif-
cate of exemption based upon 1t, shoald be
vacated and held tor naught The party should
then be held for military duty as though no
such certificate had been issued. The persons
making the false Oaths in the matter would b.
subject TO prosecution, but as the military au-
thorities have the first claim on the party
drafted, he should not be turned over TO thu.
civil authorities without the special direction
OF he Secretary of War
In case OF pr rsons who We're exempted from
the GTaIt OIL ie02, by reason OF being engaged III
the manufacture OF arms for the govern nent
OPINION.
s:No ground is perceived on which the claim
OF exemption made for these men can rest. The
letter OF the Secretary OF War does not touch
the question. 1T recognizes them, 1t is true, as
in the service OF the government, but this thew
may Well be without their being III The militia
~ service in the sense of the Enrolling Act,
They do not seem to have been ever enlisted
or 10 have been formally entered into the SER
vice lur winch they were drafted, but on the
Contrary, We're excused therefrom because of
their being engaged iii the manufacture of arms
Tor The government, in Colts establishment 1t
- lii reference 10 This latter employment that
sslcy are spoken of by the Secretary of War, as
Nm the service of the government and such
service most clearly cannot EXEMPT them"
In case Of q substitute vino proves to lie a
desefter from military service, or q man already
in that service.
"a man who is under obligation to perform
military duty Oh his own account cannot CIR
iainly be received as substitute for another
TO be acceptable in the sense of the law, he
must possess all the legal qualifications for the
service. But an enlisted man has disqualified
and absolutely disabled himself from perform
ing the duties OF subs titute, by engagements
catered into with the government
II the Board OF Enrolment has been imposed
upon, and has granted certificate of exemp
ioh because OF substitute furnished, who
proves 10 be nesfrter, or one already I'M the
military service, the Board should after notce
TO the party, proceed TO reconsider its action,
and should set aside its former judgment and
annnl the certificate Of exemption granted. Its
right to ooso, on proper showing. is undeni-
ab!e-ihe act of determining upon the accent
ability OF the substitute being judicial in its
character. and subject 10 revision and reversal
The certificate OF exemption having been thus
vacated. the party's original liability updcr the
dfaft remains JAMES T.. FeY,
Provost Marshal General.
WAR DEPARTMENT.,
PforOS MdrShul Generai's OHcr
Warrington, d. C., August t. ISG;A
Ctfc,tar, No. tO.-lt l. unprecedented that Cir
chiaf no. -':' from this office in relation TO