Sunbury American. [volume] (Sunbury, Pa.) 1848-1879, 1865-04-01
OPINION.
ATTORNEY GENERALS OFFICE.
March IA. lo6S.

March IA, 1865.
Hon. EuwlS ". SrkSroS, Secretary of war:
SIR Tbs first question prcpoundrd il your letter
Of the 10Th inst is whether the 81 section of the
act Of March 3D. lS6j ''supcrscics the 4th section
of the act Of February, 2iIh. 1864.
The 4th secirn of the act uf February eith, 1861
enables any enrolled person, before draft to furnish
IAN receptacle substitute who is hot liable to draft
nor, Mt the time, in the military naval service of
the United Statcc' and provides that the person SO
furnishing such substitute 'shll be exempt from
draft during the time for which said substitute shall
not be liable TO draft not exceeding the time for
which snch substitute shall have been accepted
Under this enactment, any person enrolled, and
liable TO draft may obtain exemption from the draft
during the whole period for which he shall proc
n substitute TO be enlisted, provided the substitute
shall be long not liable to draft. 1t is not mere
credit for particular draft which such person OBJ
tans by surnishing substitute before the anticipated
draft, but it is absolute exemption which he ac-
quires from liability to be drawn at any and every
drift which may occur during the entire time for
which his substitute has been accepted by the Co
ycrnment provided the substitute be so long not
liable TO draft. If for example, his substitute is
cepted three years volunteer, and remains 50
long not liable to draft the principal. by the previ
ton of the law Of 1854 just referred to, is insured
against the risk Of being drafted for the whole period
for which his substitute enlisted, no matter how many
drafts mny between the enlistment of the sub,
sttute and the expiration OF his term of service
But the Government under his provision, is to be al
expense in consequence of the authorized subSti
tulOu OF ono lnulNluutl uHOlner IN tue ufhtt
The party who desires to avail himself Of the benefit
of the privilege 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 furnished in anticipation
draft the law of March 81, 1865, provides in it
23d seetion) as follows;
"That any person or persons enrolled in any sub
district may after notice of a draft and before thu
same shall have taken place, cause to be mustered
into the service ofthe United States such number o
recruits, not subject to draft they may deem expe
dent, which recruits shall stand 10 the credit of h
persons thus causing them to be mustered in, anC
shall be taken as substitutes for such persons, or ST
many OF them Ms may be drafted, to the extent 0
the number of such recruits and in the CIDER desig
mated by the principals at the time such recruits
| thus as aforesaid mustered in.
1t is clear that this enactment provides for quit
another case than that contemplated by ne provision
to which have been adyerting in ne statute cf Ig6i
| and confcrs upon an enrolled porson iriyileao en-
teiy distinct from thar given to him ~ that statute
St when no may avail himself at his option in pre-
| 1864. - NV wv
nder the rovision Of the 23d section of the act
Sd Me..cn, 1865, he may in advance of draft
cause to be mustered into the service" "rccrui
| not subject to draft, which recruit will "stan
to the credit of the enrolled person, causing him
be mustered n in the event of the principal bein
drafted, and be taken, on the happening ofthat con
tingency, as a substitute for such principal. Bu
the credit" shall avail him only for the particuls
I uIalt III ADVANCE ana anticipation oil which he ma
have secured the ''recruit
There is no provision in the act of 1868 that tn
persen furnishing recruit under the 22i section
shall be "exempt from drrft" during the time 70
! which the recruit may havo been accepted and en-
listed. But the only benefit which person so fur
nishing recruit derives under tho act of 1868
the securing, in the event of his being drafted of
credit on the particular draft in anticipation G
which the 'recrut" may have been furnished Tn
recruit may be mustered into the service for thre
years, and yet, substitute, he can only avail IN
| person who caused him to be mustered in for an
with respect 10 the draft before and in antcpa
uon of which he was obtained. The liability OF In
principal to be drafted ut any other drafts occurring
after the mastering in Of the recruit" and durin
| the term of hsseTyice is not at all affected Their
Is manifestly, therefore, conflict between the re
speetyo sections of the acts of 1864 and 1865, (
which you have called my attention. Ono does no
| mpinge upon nor even cross the Iath Of the other
They give different and instinct rights and priyileg
Is to the citizen liable to drHft lie has the afterna
tive course to pursue before aey draft either 10 bu
substitute, and secure him to be mustered il
and thus obtain exemption from the draft during tn
entire term Of enlistment of the substitute, ii th
latter be so long not liable to draft, be may pro
euro for the Government recruit not liable
draft, and obtain credit for such recruit in b
should be drafted, subjecting himself, however,
the liabsty Of being compelled to repeat the oPers
tion at every succeeding draft that may be orders
by the President
1 Chiefly. .urPos' The a'Sisa CT tls TsoVLius Q