Bradford reporter. [volume] (Towanda, Pa.) 1844-1884, 1865-04-13
OPINION.

ATTORNEY GENERALS OFFICE, March Il, 1865.
Hon. EDWIN NJ. STANTON, Scretary Of Wr:
SIR.-The first question propounded in your let
ter Of the 10th inst is whether the 23d section of
the Act of March 3D. 1865, 'supersede " the 4th
section of the Act of February 24th, 1864.
The 4th section Of the Act of February 24th
1864, enables any ENROLLED person, before draft
to furnish IAN acceptable substitute who is not
liable to draft nor, at the time. in the military or
naval service of the United States" and provides
that the person so furnishing such substitute
'ShdH be exempt from draft dTaq the time for ,rLic
such substitute shalt not be EaJe to draft not exceed
ing the time for tchich such substitute shall haze been
accepted"
Under this enactment any person enrolled, and
liable to draft, may obtain exemption from the draft
during the whole period of time for which he shall
procure a substitute to be enlisted, provided the
substitute be so long not liable to draft.
1t Is not mere credit for particular draft which
such person obtains by furnishing substitute be-
fore the anticipated draft but it is an absolute en-
emptiOa which he acquires from liability to be
drawn mt any and every draft which may occur
during the entire time for which his substitute has
been accepted by Government, provided the sub
stltute be so long not liable to draft. If for ex-
ample, his substitute is accepted as three years
volunteer, and remains long not liable to draft
the principal by the provision of the law of 1864
Just referred to, is insured against the risk of be-
ing drafted during the whole period for which his
substitute enlisted matter how many drafts
may occur between the enlistment of the substi-
tute and the expiration of his term of service. But
the Government, under this provision, is to be at
no expense III consequence of the authorized sub
sttution of one individual for another in the draft
The party who desires to avail himself of the ben
eft of the privilege conferred by the law, is prop
erly and justly required to compensate the substi
tute.
Such being the provision of the law of 1864 ON
the subject of substitutes furnished in antici-
patton of draft, the law OF March Sd, 1865, pro-
vldes (ln Its 23d section as follows THAT any
person or persons enrolled IN ana Sj-diStrict NAV
after notice of a draft, and before the same shall
have taken place, cause to be mustered into the
service of the United States such number of re-
crs not subject to drqtt, they may deem expedi-
ent which recruits shall stand TO the credit of the
persons thus causing them to be mustered in and
shall be taken substitutes for such persoas or so
many OF them as may be drafted to the extent of
the number of such recruits, and in the order de-
Signated by the principals at the lime such recruits
thus as aforesaid mustered in
1t Is clear that this enactment provides for quite
another case than that contemplated bv the pro-
vision to which have been adverting in the statute
of 1864, and confers upon an enrolled person a
privilege entirely distinct from that given to him
by that statute, of which he may avail himself at
his option in preference to the privilege conferred
by the Act of 1864.
Under the provision of the 23d section of the
Act of Sd March, 1865, he may, in advance of
draft, cdeSe to be mustered into the service re-
crtit not subject to drgt' which "recr9t" will
- Stdfd TO the credit of the enrolled person, caUs-
ing him to be mustered in, in the event of the
principal being drafted, and be taken, the hap
pertg Of that contingency a substitute for such
principal. But the ''credd" shall avail him only
for the particular draft in advance and anticipation
of which he may have secured the 'recrlit."
There is no provision in the Act of 1865, that
person furnishing recruit under the 23d sec
tion, shall be exempt from draft" during the time
for which the recruit may have been accepted and
enlisted. But the only benefit which person so
furnishing recruit derives under the Act of 1865,
IS the securing, IN the event of his being drafted
of ''redt on the particular draft in anticipation
OF which the . rec1pa" may have been furnished.
The "recr7tt may be mustered into the service
for three years. and yet, as "A substitute, he can
only avail the person who caused him to be mus
tered IN for and with respect to the one draft be-
fore, and in anticipation of which he was obtain
ed The liability of the principal to be drafted at
any other drafts occurring after the mastering in of
the recruit and during the term of his service
is not at all affected. There is manifestly there
FORE no conflict between the respective sections of
the Acts OF 1864 and 1865 to which you have call
ed my attention. One does not infringe upon non
even cross the path of the other. They give diff
erent and distinct rights and privileges to the cti
zen liable to draft He has the alternative course
to pursue before any draft either to buy "substi-
tute and secure him to be mustered in, and thus
obtain exemption from the draft during the entire
term Of enlistment of the substitute, if the latter
be SO long not liable to draft, or he may procure