Evening star. [volume] (Washington, D.C.) 1854-1972, 1863-08-13

ts6e wssAsagtss, d. C.fAusust g. lisa
ctreala,. Ne 6a..I The names % men VINO
have entered the military service ofthe unisea
may, by chance, be drawn IN the DAFT shall
Be stricken by the Board Of Eaxolnsnt Of the
district in which they may be drawn, froua the
remarks, explanstosy Of ne case, shsl, Ia each
instance, be entered upon the rolls opposite
the Names TINS stricken from thsm. /, - .ts-..
stricken from the rolls Of any distrset shan Be
credited on the quota Of that district; ana their
places shall not be niled from lhe SO per cent
drawn TO cover exemptions under the I'd Sec
IL. Boards OF Enrolment arc reminded that
Sections 10 and II Of the Enrolnasnt ACT require
that substitutes shall be ''acceptabie.
as 70 the acceptahi,ity, In all respects, Of the
substitute. All the conditions necessary to
decide as to such acceptabllisy IN every case
recruits for the service Of the United States are
required to fuIhl should be observed In regard
III. The following opiEions Of Colonel Joseph
Holt, Judge Advocate General, are published
for the information Of all OMcors Of this Bureau,
and for their guidance in the cases specified and
In case OF q faith er claiming exemption for q
son, under 7th clause Of I'd section Of the En-
rollmens Act, on the ground that he has already
furnished two sons to the military service one
of whom is now dead.
enThe exemption claimed in this case cannot
be allowed under tho 9TH provision OF the I'd
section OF the Enrolling Act because tina: pro.
vision requires that there shah bet,co members
of the salse family IN the military service at He
ssme Ene: to entiae the residue OF the family to
the privilege granted"
With regard to liability to draft of members
of the Enrichment Board and OF Suffers
OPINION.
at seems that under the compfehensive and
imperative language Of the Enrolling Act, SUIT
lers, together with the members of the Enrol.
Ing Board, are necessarily subject to draft Ii
the latter are now in the military service it
relieving them from the duties Of the field: but
not having been in the military service on the
Sd OF March, the law gives them NO privilege
Of exemption beyond that which is secured to
In case Of exemptions obtained by means Of
false addayits.
OPINION.
$50 long "a the certificate Of exemption re-
the drafted man as liable to military service.
The judgment the enrolling Board is declared
by the law TO be final upon the question of
exemption, but it is SO only while that judg-
ment remains pnreyersed The Board, like any
other quasi judicial body, may revise its own
action and correct any errors which it may
have committed. II therefore the decision has
been based on oaths or Testimonies subsequent.
ly ascertalneo 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 judgment shonld be found En-
roneous, 1t should be set aside, and the certif.
cate of exemption based upon 1t, should be
vacated and held for nanght. 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 be
subject to prosecution, but as the military au-
shorfties have the first claim on the party
drafted, he should not be turned over to the
civil authorities without the special direction
OF the Secretary OF War
In case Of persons who were exempted from
the draft Of 1854, by reason Of being engaged in
the manufacture OF arms for the. government.
OPINION.
mo 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 IL ia true A
in the service OF the government, but this they
may well be without their being 10 the militia
ry service in the sense of the Enrolling Act
They do not seem to have been ever enlisted,
or to have been formally entered into the ser.
vice for which they were drafted, but on tho
contrary, were excused therefrorn because Of
their being engaged in the manufactuxe Of aYms
for the government, in Colts establishment IL
is in reference to this latter employment that
they are spoken of BY the Secretary Of War as
'in the service Of the government and such
service most clearly cannot exempt them,
In case OF q Substitute who proves to be a
deserter from military service, or a man already
in that service.
"a man who is under obligation to perform
military duty on his own account, cannot GER
tainly 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
entered into with the government
II the Board Of Enrolment has been imposed
upon, and has granted a certificate Of exemp-
ton because Of o substitute furnished, who
proves TO be deserter, or one already In the
military service, the oardshoiid, after notice
to the party, proceed to reconsider its action,
and should set aside its former judgment and
annul the certificate Of exemption granted. Its
able-the act OF determining upon the accept
ability OF the substitute being judicial in its
character, and subject to revision and reversal
The certificate Of exemption having been thus
vacated, the party's original liability under the
drart remains" JAMES b. Fry,
Provost Marshal General