, 1863-08-11
VOLUME XVII.
THE Draft,

men who haye entered the military service Of |
the United States for three years OF the War, !
md whic4 may By chance he drawn i1 the |
dr7ft Ehall be stricken. BY ths Boara Sar O. r..
drawn, from the rolls Of drafted men Of that
district. Suitable remarks. explanatory OF
the caae, shau, in each instance, bs entered
npou The rolls opposite the names 1hrs strlck-
be 70 drawn 0: stricken from the rolls OF any
district thall lie credited on The quota cf that
district, and their places shall not be filled
frcna the dtty per cent: drawn to cover ex-
cn,p'ions under the second section OF the En-
1ollmcut act
1Sscomd: Boards Of Enrolment arc remind
ed that sections i2 ana II Of tic enrolment
act 1eouiIe that subs flutes shall be accep.a-
bic. Boards nret satisfy themselves In each
case 1s 10 the 1cceptabIity In all respects Of
TO decide as 10 such acceFtabi1ity in every
Gaze, Cannot be specified, but tie conditions
which recrE1ts for TIE service Of the United
States are required to fulfil, should be OBJ
r. 1ffsd 3d3a~isn Il onioon, Of Col
JoEeph Holt, .Jndge Advocate. General, are
published for the Information Of au nfheers
Of tA1s Bureau and for their guidance In the
cases specified and in. analogous cases: -
IA ense n fat1er Gaalsaiag EseMp.ios f9ra
7cLYhy act GA the ground fh1: AS hos altsGRy I
-51rnas4kd tue Se1sto :Ae L'1its'y ss+ries. Ole
HftCFi ~ AQaG QEGN~
OPINION The exemption Claimed in this
case canrot he allowed under the 7:h proSis-
icn Of the ed section OF the Enrolling Act, be-
cause that proyition requires til 1T there shall
bc two members ef the eane fatnily in the
military service 1T The same time TO cnt:1le
tic residue Of the family to the privilege
gr=Eted.
H1ih re177a 10 Nd1iNty 10 draft pf n,fsu5:ys q
tie Enrolment Bad GAd o5 lS4..,srr.
Dr1N3oH,-I. seems tEat u1der the co1nrA-
Aesns1ve language Of the Enrolling Act, suffers,
| recether with the members OF the ea7olllng
boA1d ere necessarily subject to draft. If the
| latter are DOW In the military service 1t may
| be ground, should they be drafted, for re.
! ue|itg them from the Gutles OF the Ield, but
| NOT having been in tie military service on the
| 30 Of March, the law gives them no privilege
Of exemption heyoad that which IL Secured to
| Other cltizene.
IN eefe @ Exemptions ,,1:;e Gs;etned 6y sfsa"sc cf 1T
| OPMms--So long as the certificate of ex-
| emptt.n renratna lu flrcc, 1t would not be
| proper to hold the drafted ulau IS liable to
rolling Board is dccleScd by tie Law to be
final upon que:tions of exemption, but Il is
SO only while that Judgment remaias upre-
yerscd. The Board, Ike any other quasi ju.
dicia1 body. may revise Its osn action, and
it'd. II, therefore, the decision has been
| based on oathe or testimonies subsequently
acccrtaiaed to be false, the B oa,d should, hay
ibg first given uo:ice to the party, proceed to
rccoustdcr IL action; and II, for The reason
mentioned, the Judgment should be found to
/ be erroneous, it should be Sc. ssids, and tho
certificate Of exemption based upon II, saocld
be vaeated and held for naught- The persons
| 1,4akiug the false oaths In the matter would be
subject to prosecution, but Us The military
auth1,tues have the frsl c1ui:u UPON tue patty
| drafted, he Should not be turned over to tie
| civil authorities without The epeslal direction
Of The Secretary Of War.
IN cdse Of teTsoAs teAo sgfst erksnpftd from tic
e 4 3s g 1S,oa ,,ae S m."g H. sxgaga IN
Oi1NloS.--NoEr Eround Is perceived on which
The c1uim Of exemption made for these men
can 1tst. Tie letter Of the Secretarg Of Wa-
does not touch the question Il recognizes
them. It is true, as 10 the seTice Of the Gov
= | <1Iment, but t1iis they may well be without
1ht1r being in the military serTice Ia the sense
= | of the enrolling act. They do no: seem to
t haye been ever enlisted, or to have been for
: 1pa1ly entered into the service for which they
, | were drafted, but, on the contrary, wera e1
cused theEefrom because Of their being en-
gpged in the manufacture Of arms for the
Government in Co1t's establishment. It Is IN
reference to this Inter employment that they
. the kerr1ce Of tie Government, and such ser,
= vice most Clearly cannot exempt them
In case c1 substitute se.o prosssfo BE- deserte'
from military seStdce. Or a n.aa d1' edaV ta Ill
}. ts'rice.
i 0r1N1oS.-A man who Is nnder obligation tt
u perform military duty on his own account
I cannot certaI11y be received as a substitute
: for another, 70 be acceptable in The Sense c
J. TIE law, he must posseaE Ill the legal qua2id
= cations for the scryfce but N enlisted maj
u has ;3isnna1;fIcd nni a11snlutelr Disabled him
F.?f Tor performing the duties OF a substitut
!,y engagements entered into withthe Govern
1pen1. II tue Board Of Enrolment has bee1
e imposed upon, and has granted certificate o
- ;1ro1ss ~ he deeertnr ~ one .I-r.1v :,
:. ne Military serr;ce he Tosnd Sben1i afrc
= notice to lie nartr. nroceed to = reconsider i.
4 .st;on ord s1axnnld ~ as1de Ts farmer ;ndra
i sar+ 49, | a,rr1 .1a na-.;Gc,+. ~ ara,1nt;ss,
i | @,cnted 1ts r;oht tn IN - m a rnooe- snow
t F,r Is nnden;,hie t},f. ar+ ~ Gefernin;nc nr,7
-is a,.ss,t.h;1,+w ~ f1e .Thst;tnta ha11g +, Il
,o1 n f. che1ctar ond snhfact ~ r.1;s3a, IJt,,
~ -eTa.saI The ccrtidcate ~ cye1,n;io,
s,e-;nr haen 1.,nE racafrd r. n,1tv,s oTir;na
1Iah;Iiir nnder f1,c droff 4amaias
rs a EDr p-ornst 5rsr,1 f.a,.1
4 o0' -. r~1' --o,oo' .",. 1'A@' os1 l.
to Go military duty, Of a widow, dependen
upon his 1abor for support, Is thus conat1ue
| bY tie Provost Marshal General:
A widow NAV have several other sons, bu
# they are not 1fable to do military duty, the
! the partIcnlnr son on whom she ia depeoder
| tor supIort will be exempt; but il her otht
soma nrt liah1a to do military duty the fat
y. that Ehe IL dependent on the 1abor Of part
~ culsr eon for Support, Eiu not exempt hi
II from the draft.
T. Ayvxo