Daily national Republican., 1863-08-11
OFFICIAL NOTICES.
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| T. The psxes Of men who hsvs Sstsred tAs MN
tsfy service OF tie United States fos three yesss
or the wsr, sud which may, by chance, be drawn
In the draft, shall Ie stricken, by the D,ard Of En-.
| rollment Of the district In which they may be
dfswp, from sNs roIs Of drafted mes Of that dis
tficty Suitable femsrks, explanatory Of the ssss,
shall, 10 each Instance, be entered upon the rclA
opposite the names thus stricken IRON them.
The men, whose names may be % drawn and
stricken from the rolls OF sny district, snail be
credited on the quota or that dsss'iet, and theii
places shall not be- filed from the 70 per cent.
drawn TO cover exemptions under the "a section Of
| the Enroiiment Act. ,.tI.r.L' d
II. Bosrds Of Earoinsut are reminded that Sec
tons 10 nnd II Of the Enrolnent act, require that
substit tutss shall be T" acceptable" ",
! Boaris must satissy the mselses In each cAsc %
to the ssseptabty, In all respects, Of the subsu-
tute All til. conditions necessary to dsetas a. to
such aceeptablity 10 every case csnnct be speet
Hed, but the conditions which recruits for the sell
vice OF the -Unitcd States are required to fulhll
should be observed IN regard to substitutes. N
III. The following opinions Of Colonel Joseph
| Holt, Judge Advocate General, are published for
the Information OF all Oniceu Of this Bureau, and
for their guidance In eases specined and In analo-
gous eases. q .r. rt.nlF r tFr-
In csse Of father claiming exemption for q son,
under 7th clause Of I'd section OF the Enrolmen,
sct, on the ground that he has already furnished
two sons to the military service, one Of whom Is
| .yIy. E.t lliE OPINION. .lr.
| "The exemp Ion claimed In this csse cannot be
SLOWED under the Tth provision Of the ID section
Of the Enrolliag act, because that provision re.
quires that there shall be fSo members OF the same
family ia the military service at tae same time to
entitie the residue Of the family to the privilege
granted.p 81
with regard to liability to draft Of members Of
the Enrolment Board and Of Suffers.
| ~ r. t..f f.E r OPINION.
an seems that under this comprehensive and
Imperative Language Of the Enroliaent set, sus-
lefs, together with the members Of the lnrolling
Board are necessarily subject to draft. II the
latter are now in military sesvice It may be a
ground, should they be drafted for relieving them
from the duties Of the heldj but not having been
In the military service on the ID Of March, the law
gives them no privilege Of exemption beyond that
which u secured to other citizens"
In case Of exemptions obtained by means Of
false sfldavits.
$50 long ~ the certificate Of exemption remains
in force, would not be proper to hold the drafted
man as liable to military service. The judgment
Of the Enrolling Board 10 declared by the law to Be
final upon the question Of ee ption, but 1t is 20
! only willie that judgment remains unreversed.
The BoNd, like say other quasi judicial body, may
revise Its own action and correct any which
Il may have committed. H. th,fefore, tht decision
: has been based on osths or testimonies subse.
qucntiy ascertained to be false, the Board should,
having nrst given notice to the party, proceed to
reooasider its action, and II for the reason men.
toned the judgment should be found to be crro-
neous 1t should be set sside, and the certificate OF
exemption b~ssd upon 1t should be vacated and
held for nsusht. The party should then be held
for military duty though no such certificate had
been issuei. Tie persons making the false oaths
In the matter would bo subject 10 prosecution. but
- the military authorities have the frst claim on
the party drAitsd he should not bs turned over 10
The civil authorities without the special direction
Of the secrstsry Of War" ..1
In case Of parsons who were exempted from the
{ draft Of ~ =, BY reason OF being engaged in the
msnufscture Of arms for the Government.
mo ground 10 perceived on which the claim oi
exemption made for these men can rest. The let
: Ter Of the Secretary Of War does not touch thu
question:. II recogoiles taem, It 10 true ~ in ths
service Of the Government, but this they nsy vel
be without their being In the military service II
Is the sense Of the Enrolling act. They do not seen
tered into the service for which they were drafted
Q but, on the contrsry, excused therefrom be-
cause Of their being engaged In the manufacture o
arms for the Government, In Cot's establish ment
II Is In reference to this latter employ ~ent that
they are spoken Of by the Secretary Of War as in
the seryioe OF the Govern peat,' and such servics
| most clearly cannot exempt them."
In ease ofa substitute who proves to be deserte
: from military service, or man already In thA
" service. ... .. %. .
... ... ..rr. DPiSIoH.
't "a msn who 10 under obligation to perform
military duty on his own account cNnoot csrtAinl!
be received as a substitute for another. To b
Of cceptabie 10 the sense Of the law, he must po,
10 sess all the legal qualifications for the service
- nut an enlisted has disqu Ainsd and absolute
30 ly disabled himself from performing the duties
. substitute, by engagements entered into Wit
10 the Government
"The Board Of Enrolment has been impose
upon, and has granted . certificate OF exemption
rs because Of a substitute furnished, who proves
IN be dessrter, or one already In the military SCI
ne vice. the Board should after notice to the part,
proceed to reconsider Its action, and should sc
10 aside It's former judgment and annu the certncat
l. of exemption granted. It Is right to do so, on
~ proper showing, 10 undeniable-the act Of detern
ming upon the acceptabiiity OF the substitut
being judicial In its character, ant subject 10 n
vision and reversal The certificate OF exemptio
hav n, been thus vacated, the pArty's origin
@ liability under the draft remains"
x. JAMES B. Fay,
cd Aull-tr Provost Marshal General
be n FIJI CI A L.