Evansville daily journal. (Evansville, Ind.) 1863-1866, 1865-03-28
oPTNroNs.

ArreHk{s SEsRRkL's OFEIeks
March IA. 1868
Hoa. Edsrin NJ SfaHsoH, eeretwB II Var
sER:-Ths hrst question propounded u your
letter % tha l0ih inst. Is, whether this Esd
saciiQn OF the Aet Of March ID, 1865, "super-
ssoes" tbe aih sestioa of tho Act Of February
Tl.e flh secica Of tie Act OF February s4sh.
tS5f enab IS any enrolled person. before draft.
10 fernish = al acceptable tubstifute who Il rot
liable todra por, 81 the tiule in the military or
naval sefs4cs ~ toe United staies, aud provides
tbAs the person furnishing such Substitute
ytall q sSenpt roH dsel dytas tAs tims for sAieA
sacA ssb.ia{s dali nor b labis 10 drf, ezcssd-
ia9 re tae or sAiek sueh sAtssauis shaA hare oesa
.suadsr tbs enAetpsut, any prr,on enrolled, and
liSBe % drsf, ray obtain srsaptich from the
nraff during the whole period Of time tor which
he sieti pro- substitute % te enlisted, pro-
videfshs s.5stihis shall be 80 long not liable 10
dram which sucu person obtains by furnishing
beforoths AnaiQipased dram, bus u e
aoso ute ereaEtioa which ne seauar nom hAoaliy
occur dBriug chs entire time for which his sub
stitute has been accept, BY She Government, pro-
vided the substitute Be 20 long mot liable 70 draft.
ihrse years volunteer, and remains 80 long aot
isbla 20 drafs, tc srincipal, BY the provision Of
tha law Of 1854 ust referFed TO- insured against
tho risk Of bslns drAfBad during the whole period
for which hi substitute eulistsd, no Elattor how
/ many drafss nay occur between the enlistment q
tile subsk tute and theexpiration OF his term Of
| saryics. But the Governments, uAder this proyi.
zion IL % " "a no expsnse in consequence Of the
Il authorized Substitution Of one Individual Tor
avail hiaseIf % the hrnsst q tho privilege con
fstfed hy ana lsw. 10 properly and justly required
I 90 eompsnsat. abe snbstitute.
Such being the provision Of the law 81 1854 on
| IN subrcf OF Substitutes y drusshed IN auticf-
patiyu Of q draft, the lee Of March Sd, 1865, pro-
1 yides IAN rs "a seciiop) ~ foiioWss
.Thnf any pQrson OK pera0ns enrolled - any
sut.dstrick may, after uQfce 81 dram, aud before
ire same shall have taken place, cause 70 b mus
tered into the service q the United States such
number Of rseuits, aof ss1ecf 20 drai ~ they may
Il deem cxpedient, which recruits shall aaad 60 fhs
credit 81 the Pc rs6ns thus causiugth m 20 be mus
tered 10, and shall Be saAe subsidiaries for sash
psrsons. or 90 many OF them may b. ted, 20
the extent Of the number u such recruits and In
the order designated by the principals az the time
such recruits arr thus aforesaid muatefeo fn.''
| IL a clear that this enactment provides for
| quite anothea Ease than that contemplated BY the
| provision 70 which hass been adverting In the
sen pr Il sss rsy dissihct soEs thst given
q him by that statate. 81 which he may avail
himself At his option, Ia preferences 90 the privt-
Il Under the piorislon Of tbs 23d section ~ the
/ Act Of 80 March, lseb, he may, In advance OF a
draft sea.s ri g ,s'''issse &c sss. :,
viii q siand % he credit % the enrolled person.
causing him 90 BE- mustered IN, "a the event Of
the principal being drafted, and be fahen. che
Aappening n a eohfigsuog a. aslbs,ifmfs for such
| prldclBsl But the - credn shall avail him oaly
ior she particular dram IN advance I'D aaticipa.
: Il tson on which ne mAf have hecufco ~ refralt'
There y 30 provislon In TIE Act 1855 that
the person furnishing - re ruif," under The 2sd
section, shall be " exempt from dyqt during the
time Tor whioh the reeruit may hsys been accept.
: ed AID col sted But the only beneat whleb q
psrs0n 10 fnrnishing recruit derives. andeF tbs
Act Of eC5, 4 the securing, 10 the evept Of be
drafl Ia Anticipation Of which the reoruit" nay
\ have been furnished. The recruit" may b.
Mustered into The service for three years. and jet
2 ~ Substitute, he caa only avail the person who
q caused hin, 10 be mustered IN for, aud with r0-
spect 70 ths one dfaf before and In anticipation
4. OF which he was obtained. The liability % the
prime bal 10 he drafted At Any other drafts occur
ing Alfsr the mastering IN Of the e recruit, ana
during the term Of bis service, Il not ~ ali
Affected There Is maniiestiy, therefore, no con-
ict between the respective sessions Of ths Acts Of
1854 and 1865, 20 which you have called my atsen.
tIon. one does not imPisge upon. nor even eros.
Distinct rights and privileges 70 the citizen Liable
n TO draft. Re has the ternativo course % pur-
SUE before any draft, either % buy :. slesf.,nte
srempfsn from she draft during The entire term Of
Enlistment o. the Substitute, " the later Be- 90
iasss n1nsnf 4 : recruit not Labs 70 draft and
obtain credit FOR such recruit IN be should be
DRAFTED, suhjesting hiEnseif however. 70 the La
~, - .i, arm th.t nav IA ordered by
n the President .rHf ID
2 chisey, sapgese, shs design Of ihs .Proyisioa
Of The Act 81 1s65 under considerAtioD, was 70
= offer inducsmeut aud present stimulus 20 num-
81 bera or associations q individuals In any sub
district, before the liability q aay Of them be-
came fixed b. drsft, 90 obtain volunteer recruits
n for the army. Congress, this law, offers such
IL associations preminm 20 MSS their exertions 20
All up the arIaea Il ssya 20 the residents OF ths
multitudiuous counties, townships, wards and
!. precincts throughout the country, "orIanizs
yourself into recrultiag societies. induce folun-
Ne ,bs,n seh s,snts of b6unty a. You may bs
able raise by your contributions . tins recraf'
Z iag fnnds Of your several districtss ant, shsn
they have been enlisted An 70 the servce, ths vel
untesrs Won mny have raised viii stsnd 20 The
81 credit Of many Of you ~ mey happen 70 b
. drafted. 70 the extent Of tbs number o. recruits
y in tho order designated At the tme the recruits
= such i tha daclAration and prosoiss Of the pe~
law. las poiicy 10 20 encourage yecrutAg rot thi
procuration Of substitutes; 70 induce the peopl.
10 erRahfza associations for the adsan oment Of
soIuniseriag, rather than the parchase q subst
i IN euaetinx ihfsSusw law, and InAnguratinl
= shis new policy Congress, however, has not takei
away thsEigbi Of the enrolled per, On. bsiess III
draft, 70 furnish Substitute, with the quaiihca
tion before stated, and thus secure his exemption
from draft duripg the time for which BE subati
tote nhan have been accepted. nc ss,n -. y :, !,
"A Of 81 sarol, Isss. obiaibing 4 2 ssasGIt'' pre-
y,ous . each ssa = = may oessr, and ssssTinI
II is ssi1 = oSiaisa. .. s ga sss.Is
OF the Act Of March 3, 1865, does not saperced
he the 4fh section Of The Act Of February a. 1863
The s,eond question which on have Inferred 2
Ec me, H., whether The recruits Which are 7 @ ,
taken a. substifuies," are 70 - considered aa'
M forpe upon the rolls ard records of IN
> ofioo of the Provost Marshal General, - othf
voludteef fetrugts which obtained ~ the ex
hieb A. feruisij6d al 10 Cot N the principal.
Ie,o IN OBI mon thai tie :, recruits = whom per
sons enrolled 10 s1y sne.di.triet MAJ " saose
N siaPeb, 1875, ar - s. eg1slSerod snd trea,s'
~ ote W. s's ~ . sl'h = .Ss =
y rom the analysis % the law contained IN n
: oregoisg raraarkk, that he idea Involved 80 u
law Of 1863 IL s8tsRutf0H, while the idea o. q
4 saw Of 1865 IL eredftg The section Of the Act
IlsG5 under consideration does pPt speak q th
4 recruits IN question = ,.seaiisaies "
fot the psraons who ea,sss Assn q Be mastered -
a To sy are poi substlpies, but only Of the natl'1
n ..e. primary arc - s.ssni "a e ,si
proe mr1rs or principals; and this deseflgfioa
! a. qrs description giysn Of them 20 The sectio
s.sd q 1s eTsda u he psr,ons lHs eausiag fss
~ -. sered ~ - the section proeeeda " and shah
taksn ~ snbaautss Jer INCH Pers9ns, O. - ,aeny
~ efitis stady Or the words Of the slstuts ths
devsiopes the "a iasa Enien nsse =,
~ sVnbodIed 10 the law. Ths recruits" who are
q . sIand 10 as credR' Of the enrolled person.
renee n draff. 4 am of opinion, thea, ara 20
eonsidsred a. ofhsr voiunt ter recruits which ~
q obtained AZ the ezpsBae o. The United States an
not a. q substltufsa, 10 the ordinsry ssuse
that term, which are Furnished AZ the cost o. q
III sm. sir, very respectfully.
srsfa-es Tour obeotent servspt.
n JAMES SPEED,
- rsbzs.1t Attorney 0snsrai.
= = OYSTERS. q
. MANN 2 rms