Daily intelligencer. [volume] (Wheeling, Va. [W. Va.]) 1859-1865, 1865-03-27
oPTNTON.
ATTORNEY aENGRAHss zoe! oE51 e Eiisss.

March IA, 1862
E5o.. RDJgLHA. STANTON; ISssrstary Of War:
CIR Tho hrst question Yropounded IN 81 Sour let
p ter Of the 10th ingt i, he an
section Of the Act Of February 24ths 1887 ,s.1
The 4th section Of the Act Of February x4tn 4sos'
enables any enrolled person, before draft 20 iut
jsb Dan seoentable SubStitute who Il not liable to
draft, nor, at the time, in the military o. nAIal
service OF the United States AND pEoSl1sSS r. "
person fnrpishing such substitute sSaot+ e e
eHLt from dret dtTiR0 he time for 'ghtch seh SGo'
StItnG GhGH net Be liable TO- dTdT sot eees9tEg Ls
tIe for ,Ohieh Itteh SabtIftIts ShSH hl0e oes" Ge
Undor this enactment, any person enrolled, ana
liable TO drat, may obtain exemption from inc GRAFT
during the whole period Of time for which ne shall
procure q substitute 70 be enlisted, provided the
1tIbStitLte GhRl be 70 long not liable 70 DRAFT
not mere credit for particular Ice
anticipated draft, but tt ts an absolute exemption
which he acquires from liability TO- be draEn aE any
and every draft which may occur during the entire
time for which his substitute has been accepted by
tho Government, provided the substitute be 20 long
not liable 70 DRAFT H. for example, nus substitute
90 long not liable to draft, the principal by the
provision of the Law Of 1854 just refeed to, is In
6ured against the riA OF being dTAtted during the
whole period for which his substitute enllsted, no
mAttGr how many drafts may occur between the
enlistment Of the substitute and the expiration Of
| his term Of service. But the Government, under
this pToVBon 10 to be ut expense in consequence
of the authorized substitution OF one Individual for
another in The dE9 Toe q, pa party who desires t9
by the law, is properly djultly required to COM
IenSate the substitute.
subject of subStituteS" furnished In anticipation OF
DRAFT, the law Of March Sd, 1865, provides Tin the
22d sectionl a. follows:
''That any person or persons enrolled IN any sub
district may, atter notice OF draft, and before the
came shall have taken place cause to be mustered
into the service Of the United States such number
Of recruits, not gttbjet to dTatt they may deem
expedient, which recruits ahAll stand to tie credit
Of the person. thus causing them 70 be mustered M
and shall be takes u substitutes for such persons
or 30 many Of thom 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 re.
cruiis are thus as Rtore1aid mustered in, -
Its clear that this enactment provides for uuite
another case than that contemplated by the proVi.
non to which have been adVerting in the statute
lege 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
Under the provisions of the:2sd section Of the Act
OF Sd March, 1885, he may, in advance Of draft,
.e7use 70 De ma!seTSd tto tbs e uics 'Teruit not
subject to drdtt which recruit" will GSEGnd to ths
credit" Of the enrolled person, causing him to be
mustered in, in the event Of the principal being
urgency as substitute for suo prIncipSi Bnt the
eTs1it2 shall avail him only for the particular draft
In advance and anticipation Of which he may have
There 10 no provision In the Act OF 1865 that tba
person furnishing recruit, under tho 23d section.
shall be exempt from dTGlf" during the time for
II ne
listed. But the only benefit which person 90 for.
ntShtDg recruit derives, under the Act of 1855 n
the securing, In the event Of his being drafted Of
seysdi on the particular draft in anticipation Of
which the "recruit' may have been furniShed The
"recrui may be mustered into the service for three
years, and yet. substitute, he can onIv avail
| the person who caused him 70 be mpstere5 In for
and with respect to the draft before and in an.
acPation OF which he was obtained. The liability
OF the principal to be drafted at any other drhfs
occurring after the mastering In OF the recrut
during the term Of his service, is not at all affected
LheLe Is manitestly, therefore, no CONFLICT between
the respective sections Of the Acts Of 1884 and 1865
70 which you have called my attention. One dseS
not infringe upon, nor even cross the path IN,
the other. They give different and distinnt rjohts
and privileges to the citizen liable to dr"ft Hsbss
the alternative course to pursue before any Craft
either to buy "SHbstitHte" and secure him 70 be
mustered IN, and thus obtain exemption from thu
draft during the entire term OF enlistment Of The
substitute II the latter be 50 long not liable IN aft
or he may procure for the Government a trecrnit''
not liable to draft and obtain credit for such recruit
in case he should be drafted, SubIectinV himEelf
however, to the liability Of being Compelled Ia "a
peat me operation Ct every succeeding draft that
Chiefly IuppOse, tho design Of the provision of
the Act OF 1866, under consideration, was to offer
tnducement and present = 6timulus to numbers oY
associations OF individuals In any sub.diStrict ~
fore the liability OF any them became fiTed nv n
draft TO obtain volunteer recruits for the army.
Congress, In this law, osrS such associations pfe
MUM to use their exertionB 10 fill mn the aTr1ias
1t says to the residents of the muItitudinous conn
ties toWnanps wards, and preeincts throughout the
Il :
ties induce volunteers to enlist into the service
before tho draf5 pay them such amounts Of bounty
IS you may be able to raise by your Contributions
to the recruiting funds Of your several dstrint and
when they have been enlisted into the eeryice the
volunteers you may have raised will stand to the
credit OF as many OF you a. may happen to be
| TO the extent OF the number OF recruits Sin Inc
order desgnated at the time the recruits are mus.
| tered in"
ouch Is the declaration and promiEe Of the nav
law. Its policy is to encourage TecyXiting. not
s,NRr sS OF lnbstitutes; to induce the
people TO organize associations for the adyancement
Stitutes. -'-7' - 'NO'
In enactipE the new law, and inauRuratinp tbj,
new policy, Congress, however, has OF taken aWsv
the right ofthe enrolled person. before the draft 10
furnish substitute, with the qualification before
1Ii' Sne mus secure his exemption from draft
been accepted He still has it in his power to
else that right in preference to the right conferred
OBTAINING q recruit previous to each draft, a. It
may occur, and securing thereby a credit In the
event, on any OCCASION Of his being drafted
am OF opinion, therefore, that the pad section NJ
the Act of March g. 1865 does not SuperssdS the AZ
section of the Act Of February "a, 1864. -'--
me- i, bs,Sst tSa niSn you have referred TO
be taken as substitutes;" are to be conSIders and
borne upon the muster and records OF The Pro-
| which are obtained at the expense OF the Tnitad
states or IS substitutes which are furnished Al tbs
cost OF the principals. " '-s
lam of opinion that the srecruits,, whom, -.
enrolled In any sub. district may cause to be
mustered into the service Of the United State IN
pursuance Of the 23d section OF the Acts of Sd
leeS are to BIO considered and treated as other Vol
who are obtained at the expense Of he Uni
ted states It Will be Observed from the analysis Of
me law eontainedtn the foregoing remarks thai he
iGen involved IN the law Of 1884 is Fu6stitutio,I
Wni!e the idea q the lSw Of 1855 IL eTeiffI.o Ie
section Of the Act Of 1855, under consdSration does
not SPEAK Of the "reer4itS" in question as tSubSti
tates but declares that they t.ShdII Be taEs,1 a,
SAoItttReI" for the persons who cIuSs ths1a to b
nU'LeIsd tn They are not Substitutes, hut onIy of
tnS E9tu1e 81 tStitRef. Their primary and eSseH
nai character under the law, Is that OF cTsitS for
me pEocnlors or prinelpals; and this DESCRIPTION Il
tne ETH description given of them In the seetion in
Tor after saying 'Oie6 recrtIiG ShGu Fta
70 ~ eISait q tht PertoHS thus eaSiRo them 70 Be
9t1LItered "a" the section proceeds, UGnd sEau h
sssn as StSttute8 for such persons or SO 1HsSsv Of
~. as may be Gr9fted to Tie eZteRt Of he airnb:r
critical study Of the words Of the statute thus
oeteioPs the fundamental idea which have sup
posed, from other Indications was intended to be
embodied in the law. The arecruitso Who are to
saHd % the credit" Of the enrolled persons causing
them to be mustered In before the occurrence Of
dratt am Of opinion, then, to be considered as