St. Cloud Democrat. [volume] (Saint Cloud, Stearns County, Minn.) 1858-1866, 1865-04-06

OcEcANA.S
Official copy 4 .
JOHN 7. AvxniLL, ~ ~
Colonel anu A. a. p. NJ. G.
Gptni0n.
ArrrENkl GkNkHAL's UrFlcE,
March Il, 1865. !
liam. f.. ". Munt"". Secretary of War:
S'E: The 1irst question rr"pounded in
your letter of the 10th inst. is, whclher4
the 23d scc'ion Of tie Act Of March Sd,
1860 ''superceles" the 4th section of the
Act Of Feoruar, oath, 1864:
The 4th section Of the act Of February
Gath, 1864 enables any enrolled person. be-
tore draft, to furnish IAN acceptable sub
stitute who is not liable to draft nor, ut the
time, in the military or naval service Of Tie
United States" aud provides that the per-
son so furnishing such substitute '.xh"U be-
exempt from drati during the time for srhich
such substitute shaN"ot be hudie to trait, no,
exceeding Tie time for which such Substitute
shut huve been uccrp,ed"
Under this, enactment. any person en-
rolled anu liable to draft, may obtain ex-
cmptlon from the draft during the whole
period OF time, for which he shall procure
substitute to be enlisted, provided the
SNCSeH>NeS 'Anu w 81 lOIH nOI Nulc ~
draft. Ii Is not Il mere credit for a partic-
ular draft which such person obtains by
furnishing substitute before the antlci-
pated draft, but it is an absolute exemp-
ton which he acquires from liability to be
drawn at any and every draft which may
occur during the entire time Tor which his
substitute has be.n accepted by the Gov
eminent, provided the subs. i,ute be SO long
not lllhlQ n flrNff r. E>ro
substitute is accepted as three years
volunteer, and remains 50 long not liable
t" draft, the principal, by the provision of
the law Of 1864, just referred 10, is insur-
ed against the risk Of being drafted during
the whole period for which his substitute
enlisted, no matter how many drafts NAV
occur between the enlistment Of the sub
stitute and the expiration Of his term Of
service. But the Government, under this
provision, is to be at no expense in consc-
quence OF the authorized substitution of
one Individual for another in the draft
The party who desires to avail himself of
the benefit Of the privileges conferred by
the law, is properly and justly required to
compensate the substitute
Such being the provision OF the law of
1864 on the subject of '.substitutes' fur
nished IN anticipation of draft, the law of
March 81, 1865, provides lin its o3l Sc
tionl as follows:
THAT any person or persons enrolled
IN any sub-dist11ct may, after notice of n
draft, and before the Same shall have taken
place. cause to be mustered into the SER
vice of the United States such number Of
recruits not subject to draft, as they may
deem expedient, which recruits shall stand
to the credit of the persons thus causing
them to be mustered in, and shall be taken
as substitutes for such persons, or 80 many Of
them as may be drafted, to the extent of
the number Of such recruits, and in the
order designated by the principals at the
time such recruits are thus as aforesaid
mustered in
1t is clear that this enactment provides
for quite another case than that contem-
plated by the provision to which l have
been adverting in the statute of 1864, and
conters upon an enrolled person a privilege
entirely distinct from that given to him by
that statute, OF which lie may avail him
self at his option, in preference to the priv
iege conferred by the Act OF 1864.
Under the provision OF the 23d section OF
the Act Of Sd March, 1865, he may, IN adj
vance of a draft, ''eause to be mustered into
the serUice' q ''recruu not subject to draf,' II
which ''recruit'' Will :'stund to the credit OF
the enrolled person, causing him to be mus
tered in, in the evert OF the principal be-
ing drafted, and be taken on the happen
ing Of that contingency, as a substitute for
such principal. But the ''credu' shall
avail him for the particular draft in adj
vance and anticipation Of which lie may
have secured tile ':recruit.''
There is no provision in the Act of 1865,
that the person furnishing q ''recruit" un-
dor the 23d section, shall be ''e1empt from
druft'' during the time for which the recruit.
may have been accepted aud enlisted. Blu,
the only benefit which person so furnish.
ing recruits, under the Act of 1868. Is
the securing, in the event OF his being
drafted, Of a ''credH' Oh the particular
draft in anticipation of which the ''recruit'
may have been furnished. The ''recruit'
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 ONT
draft before, aud in anticipation of whi:l
he was obtained. The liability of the prin
cipal to be drafted at any other drafts oc.
curing after the mastering in Of the SIRE.
cruit," and during the term Of his service
is not At ali affected. There is manifestly
therefore, no conflict between the respect.
i've sections of tie Acts Of 1864 and 1865
to which you have called my attention.
One does not impinge upon, nor even cross
the path Of the other. They give different
and distinct rights and privileges to the
citizen liable to draft. lie has the alterna
tive course 10 pursue before any daft
eitherto buy ''substitute." and secure him
to he mustered in and thus obtain eremptioa
from the draft during the entire term Of
enlistment of the substitute, if the latter b.
20 long not liable to draft, or he may pro-
cure for the Government "recruit" not Ii
able to draft, and obtain credit for suel, re.
crni, in case he should be drafted, subject.
ing himself, however, to the liability OF be.
ing compelled to repeat the operation al
every succeeding draft that may be order
ed by the President. .. 4:'t .: -..... .....
Chiefly, suppose, the design Of the pro-
vision OF the Act of 1865, under considera-
ton, was to offer inducement and present
stimulus to numbers or associations of in
dividuals in any suD-district, before the liza
bility Of any of them became fixed by a
draft. to obtain volunteer recruits for the
army. Congress-. in this law. offers such
associations o premium to use their sxer-
lions to fill up the arnies, 1t SAWS to the