Sunbury American. [volume] (Sunbury, Pa.) 1848-1879, 1865-04-01

she act of 1865, under consideration was 10 offer in
ducemeDt and present stimulus to numbers or as
socations of individuals in any subdstrict befors
the liability OF any Of them became fixed by draft
to obtain volunteer recruits for the army Congress
IN this law, ofers such associations premium 10 use
their ererons to fill up the armies 1T saws 10 the
iesioens oi the multiudinous counties, townships,
wards and precincts throughout the country s'Orea.
nle yourself into recruiting societies inducs vol.
unteers TO enlist into the service before the draft
Phy them such amounts of bounty as YOU NAV bs
ole 10 rase by your contributions 10 the recruiting
I, iounds oil your several districts: and vbon tbe1
have been enlisted into tho soryice tho volunteers
you may have raised will stand to the credit of a.
many OF you as may happen to be drafted TO the OK
tent OF the number of recruits in the order des,na
ted, and the time the recru its are mustered in
Such is the declaration and promise Of the new law
Is poiiey i 70 encourage recruiting not the procu
nize associations for the advancement of yplpntor5
rather than the purchase Of substitutes o'
In enaeting this new law, and inaupuratin, ,b;s
new poiey. Congress, however, has not taken away
the right Of the enrolled person before the dr,Ft ~
furnish substitute, with the qualification before ss
ted, and thus secure his exemption from draft dnr;n
the time for which his substitute shall have seen so
eepted lie still has it in his power to e1ercisc that
ght in preference to the right conferred by the 23d
section Of the act of Sd March, 1865, of obtaining
recruit previous to each dreft, as it may occur
Nsion, of his beirg drafted
ol opinion therefore that the 23d section OF
"a Of hareh :, 1868, does not supcrscde the ith
hthe act OF February q. 1861
tion, fond question which Won hate roferred 10
rhe Sc ther tho recruits" which arc ..to be ta
}. Is, whit ltutcs, arc to be considered and horn,
N as sub, er rolls aud records ofthe Office of tho
on the mus ideneral, as other volunteer recruit.
Dv0st Marsha su NJ inc expense of the United Sta.
ich arc obtain 'swhich arc furnished at the cost
subStitut,
the principals. t the recruits whom persops
am Of opinion tha rlct may 'cause TO be tluster.
rolled in any sub-dist. 70 United States" in pursu
into the service OF l. he act of 81 March 1865
&C OF the Z3d section OF ated as other volunteers
to be considered and trr 0se of the United Stotes
10 obtained Mt the cxpe, raysis of tbo ia. 81
will be observed, from the a. that the idaa 49,,
ned in the foregoing remarks 'ou while tLe ~. pl
i in the law of 1864 is substitute rbr soot;a tuea
the law Of 1865 is crcditing. ,ot snoaI r or mo
t Of 1865 under consideration does Lrt a. ne VI lne
ecruits'' in question substitutes, far u.e"rei
at they ''shall be tax en- substitutes ri o per
ms who cause them to bo mustered it,. my are
vt substitutes, but only of the nature ot sub
heir primary and essential character, undt I. 'hs
w, is that of credits for their procurers ur pr. Ht
ais; and this description is the first description g.'
en- Of them in tho section in question, for. after
lying (which recruits shall stand to the credit Of
persons thus causing them TO be mustered in 'tho
,ction proceeds, land shall DO taken substitute
'r such persons many of them az may he draft-
d. to the extent Of the nUa.Der of such recruits"
a critical study of the words of the statute thus
cvolops the fundamental idea which have suppo-
ID, from other indications, was intended to be en-
odied in the law. The ''rccruits'' who 10
stand to the credit of the enrolled persons causing
hem TO be mustered in before the occurrence of
raft, am of opinion, then are to be considered as
ther volunteer rccrlits which obtained Mt the
Expense of the United States. and not substituted
n the ordinary sense Of that term, which arc furnia
ed OF the cost of the principals.
Very respectfully.
Your opedicnt servant,
JAMES SPEED,
mar23.lt Attorney General.