Daily national Republican., 1863-08-13
OFFICIAL NOTICES.
IN EIcIALoJ . AXopl
p,oyo,i M.,,r, !, cssls VA, stss nt.tsInas' S,Tsen.

PROVOST MARSHAL GEHEHALe
WARRINGTON, Aug q, ts6s
Circular No a.
l. The names Of men who have entered the milf
tny service Of the United states for three years
OF the war, and which may, by chance, be drawn
In the dt at shaii be stricken by the Dpsfd Of Eu
roilmcnt OF the district In which they may be
drawn, from the rolls OF drafted men OF that dis.
trlct. suitable remsfks, explanatory Of the case,
shsii, In each Instance be entered upon the rolls
opposite the names thus stricken from then.
The men, whose names may be 90 drawn and
stricken from the rolls OF any district, shall be
,tedited on the quota OF that distsict and thek
places shall not be filled from the 90 per cent
drawn to cover exemptions under the ID section ol
the Enrolment Act. a.. ~ 5t...---
H. Boards Of Enrolment sre reminded that Sec
tions 10 and IT OF the Enrolmest act require that
substitutes shall be " acceptable"
Boards must satisfy thcmseis % In zach case ~
10 the soceptabilty in all respects, Of the substi
tute. All the conditions necessary to decide - to
such acceptabiiity ia every case esnnot be speci
ed but the conditions which recruits for the ser.
vice Of the United States are required 10 falnl
should Be observed in regard to substitutes. s.a.
Ill. The following opinions Of Colonel Joseph
Holt, Judge Advocate General, are published for
the Information Of all of1cers Of this Bureau and
for their guidance 10 cases spscined and In analo-
gous cases. r... ne tIEf.r'.
In case of father claiming exemption for . son,
under 7th clsuss OF ID section Of the Lnrolment
act, on the ground that he has already furnished
two sons to the military service, one Of whom II
now dead. .... ... 40.
1.-THE exenp ion claimed In this case cannot be
SLOWED under tho 7th provision Of the ID section
Of the Enrolllng act, because that provision re.
quires that there shall be fpo members Of the same
family 10 the military service al he ssme time to
entitle the residue Of the family to the privilege
granted" t
with regard to liability to drait Of members Of
the Enrolment Board and Of sutlers.
| OPINION.
@It seems that under tina comprehensive and
imperative language OF the Enrollment act SUIT
| lers, together with the members Of the nrolline
Board are necessarily subject to draft. II thu
latter are now In military service 1t may Be I
ground, should they be drafted, for relieving then
from the duties OF the field, but not having beel
in the military service on the I'd Of March, the lay
gives them no privilege Of exemption beyond thy
which 10 secured to other citizens" ... ...r
10 case OF exemptions obtained by means o
false Afidavits.
| OPINION.
$50 long As the certificate Of exemption remain
In force, II would not be proper TO hold the drate
man as liable to military service. The judsmen
OF the Enrollng Board is declared by the law to b
'hnal' upon the question Of exemption, but IL 10 .
only while that Judgment remains unrsversed
The Board, like any other quasi judicial body, ma
revise Its own action and correct any errors whic
II may have committed. IT, tn iefore, the decisio
has be n based on oAths or testimonies subss
quently ascertainel to be false, the Board should
having arst given notice to the party, proceed B
reconsider Its action, and n for the reason mer
toned the Judgment should be found to be errc
neous II should be set aside, and the certificate
exemption based upon II should be vacated an
held for nausht. The party should then be he'll
for military duty - though no such certificate ha
been issued. The persons making the false oath
In the matter would bs subject to prosecution, bu
As the military authorities have the first claim D
the party drafted, he should not BE- turned over
the civil authorities without the special direotio
, OF the Secretary OF War" .... ....
1 In c,se OF psrsous who were exempted from n
{ draft Of isn, by reason OF being engsssd In u
mAnufacturs Of arms for the Govsrnment.
. OPINION. ..... ....r
"No ground 10 perceived on which tho claim
exemption made for these men can rest. The Il
v ter Of the Secretary Of War does not touch u
question: II recognizes them, It 10 true, a. In u
n service Of the Government but this they may W
n be without their being In the military service
10 the sense OF the Enrolling act. They do not see
to have ever enlisted, or to have been formally
tered into the service for which they were drafte
o but, on the contrary, were excused therefron b
cause Of their being engaged In the manufacture
o srms Tor the Government, In Colts establishm men
II 10 In reference to this latter employ ment thi
they are spoken OF by the Secretary Of War a.
the service OF the Govern uent,' and such servi,
most clearly cannot exempt them"
In case OF a substitute who proves TO be desert
e from military service, or = man alfesdy In tn
It service.
OPINION.
" "a man who 10 under obligation TO peIfof
military duty on hts own aceount cane cot certain
be received as = substitute for smother. To
u acceptable In the sense Of the law, he must pc
e all the legal quaiihca ations for the servi,
= Bat an enlisted man has dlsquslined and absolu
e ~ disabled himself from perfor ming the duties
a substitute, ~ engagements entered into wi
o the Government.
"1he Board Of Enrolment hss been iuipos
upon, and has giantsi a certificate Of exemptio
g because OF = substitute furnished, who proves
q be deserter, or one already In the military O
e vice. the Board should, after notice to the part
e proceed to reconsider It's action, and should o
10 aside Its former judgment and annul the cert,nca
g OF exemption granted II Is right TO do 20, on
Is proper showing, 10 undeniable-the Act Of deter
lining upon the aeceptabitity OF the substitu
being Judicial In its character ami subject 10
vision and reversal The certificate OF exempt,
hav NJ been thus vacated, the psrty's origin
: liability under the draft remains"
& JAMES D. Fay,
d auii-tf Provost Marshal General.