Prescott journal. [volume] (Prescott, Wis.) 1861-1871, 1865-04-08


jet To draft" which recruit wall .stand
to the creii > of the enrolled person.
causing hiifr TO be mustered in, in The
event Of the principal being drafted. and
be taken, on the happening Of that CON-
tngopcy. as a substitute for such princi
pal. Bur the credit shall avail him only
for the particular draft in advance and
anticipation of which he may have So
cured the recruit
There is no provision in the Act Of
1865 that tie person furnishing a re
cru,, under the % section. shall be 'ex-
empt from draft during the time for which
tn. recruit may have teen ac,rpted aud
enlisted. But tie only benefit which
person SO furnishing q recruit derives. I'M
der ;hs CT Of 1865. is the securing. i'll
Il 9 event If his being dra ted, OF cred
il on the particular draft in anticipation
of which the recruit may have been
furnish ed. The recruit m;y he mustered
into the service for three wears, and yet.
as substitute he can only avail the per
son who caused him to be mastered in
for. and in respect to the one draft be
fore, and IN anticipation of which he Was
chained. The liability of the principal
To be drafted Mt any other drafts occur
ing after the mastering in of The recruit
aud durisg the term Of his service. ].
not 1T a, affected. There is manifes,ly
therefore, no conflict no conflict between
the respective sections of the Acts OF
1864 and 1865, to which YOU have e~ll
I e my attentIo... One does not impinya
upon nor even cross the path Of the 9th
er. They give different and distinc,
rights and privileges 10 the citizen lisble
to draft. He has the alternative course
to pursue before any drsft. either To buy
/ substitute and secure him 10 be mus
tered in, and thus obtain exemption from
tho Kraft during the entire term q euiist
msnt "f the substitute. if the latter be So
long not liable to the draft. or he NAV
procure Tor the Government a recruit
not liable to draft sad obtain credit for
recruit IN case he should he drafted sub
j@ctng himself however. TO the lab liiy
of beng compelled to repeat the opera
tim ~ every succeeding draft that may
| be ordered bp the President.
Chiefly, suppose. the design OF the
/ provision OF ihe Act of 1865, uider CON
| sidrration. Vas Ia offer inducemenl and
present stimulus to numbrs or associ
ntions of individuals in any sab district
before thu Liability Of any of them becam
fixed by = draft, Ia Obtain volunteer re
cruits for the army. Congress. in this
law, offers such associations premium
to use their exertions to- fill mp the armies
1t snys to the residents Of the multitude
/ nous cOuuties. townships, wards aud
/ precincts throughout the country, "Or
/ ganjze Yourself into recruiting societies;
| induce volunteers To enlist into the ser
vice b-fore the draft. paw them such
amounts of bounty as you may be able
to raise b. Your cont ribrtions 10 TIE 70
cruiting funds of your several districi.;
snd when thew have been enlisted intmhe
service. the volunteers you may have
raised will stand 10 the credit Of rs many
Of you as NAV happen 10 be drafted. 10
the extent Of the uunber of recruits in
tine order desig nnte,i, at the time the re
cruits are mustered in.
Such is he declaration and promise of
the new law. Its policy is to encourage
recurring, not the procurnt,on of sub
stitutes 10 induce the ps"p!c TO organ
ize associations FIR the adva' cement nf
volunteering, rather than the purchase
Of substitutes.
In er acting this new law. and inaueu
rating this new policy, Congress. how
ever, has not taken awav the right OF
Nh. enrolled person, before the draft, To
furnish substitute, with the qualifca-
ton before stated. and thu, secure hia
exemption from draft during the tine
for which his substitute shall have been
nc epteI. He .tll has j, in his power to
exercise that right in preference to the
right conferred by the 23d section of the
Act of Sd March. 1865 of obtaining n
recruit previous to each draft, rs it my
occur and securing thereby q credit IN
the event, on any occasion, OF his being
drafted.
am of opinion. therefore. that the
23d section If the Act of March Sd,
1865. does not superse,le tho 4th ssctioa
of the Act of February. "a, 1864.
The second question which you have
referred To me. is. whether the recruits
which are TO be taken as subsnituies.'
are 10 he considered and borne upon the
muster rolls end records OF the office os
thu Provost Marshal General. as other
volunteer recruits which are obtained at
the EXPENSE of the United States. or as
substitutes which are furnished at the
cost Of the principals.
[ am of opinion that tbs recruits
whom persons enrolled in any sub Ills
trict may 'causs 10 bs mustered into the
service of the United States ia pursu
ance Of the 90 section of the Act Of
Sd March, 1865. are to be considered
and treated as other volunteers who sre
obtained ut the expense Of tbs United
States. II will be observed from the
analysis of the Law contained in the fore
going remarks. that the idea involved In
the law Of 1864 Is substitution. while the
idea of the las of SOS is crediting.-
The section Of the Act of 1895 under
consideration does not speak Of the re-
cruit.' in question ~ substitutes but de. !
olares that they shall be taken as sub