Prescott journal. [volume] (Prescott, Wis.) 1861-1871, 1865-04-08
Opinion.
ATTORNEY GENERALS OFSIcR,
March IA, 1865.
JAMES SPEED,
Attorney General
To the President.

Hon. Edwin NJ. Stanton, Sec. of War;
Sir; he first question propouniei
in yonr letter Of the 10th inst is wheth
81 the 23' section of the Act Of March
81, 1865, supercedes the 4th section OF
the Act of February 24'h. 1864.
The 4th section of the Act of Ferbua-
~. oath. 1864. enables any enrolled per-
son. before draft. to furnish "an accp-
table substitute who is not Liable to draft.
nor, at the time. in the military or naval
service of the United States and pro
vides that the person so furnishing such
substitute ''shali he exempt from draft
during the time for which su h substitute
shall n,t be liable T., draft, nor exceeding
ing the time for which such substitute
have been accepted"
Under this enactment. any person en-
rolled, and Liable tD draft, NAV obtain ex
emp.ion from the draft during the whole
per "a of iims for which he shall procure
substitute tn I've enlisted, provi'i.d the
substitute shall he SD long not liable to
draft. II is not mere credit Tor par
tcuar draft which such person obtains by
furnishing substitute before the antici
pated draft, but it is an absolute exempt
ion winch he acquires from liability u he
drawn at any AMI every draft winch NAV
occur during the entire time for VIII CHI
his substtuts has been accepted hy the
Government, provided The substitute be
so long not liable to draft. II, for ex
ample. his substitute is acce,te,l as a
three years volunteer, ud remains SO
long not Ilable To- draft. the l,rincipal. by
the provision Of the law of +! S64. just re-
ferred to, is insured against the risk Of
being drafted curing the whole period
for which his substitute enlisted. no mat
ter how many drafts nav occur between
the enlistment If the substitute and the
expiration Of his term Of service. Bat
the Government. under this provision. is
to be at n"exspense in consequence Of the
authurlzed substitution of one individual
for another in the draft. The pa ty who
desire to avail himself Of the benefit Of
the privilege conf rred by the law. is pro
perry and justly required to compensate
The substitute.
Such being the provision of the law Of
1864 IN the subject Of ''sll''stitutes" fnr-
nShed in anticipation of d aft, the Law
Of March 81. 1865, provides (in its 23d
section) AS follows
"That any person or persons enrolled
in any sab district NAV, after notice of
draft. and before the same shall have ta-
ken place, cause to be mustarei into the
service Of the United { tates such number
Of recruits, not subject to draft, as they
may deem expedieut, which recruits shall
stand to the credit Of the persons thus
causing them to ba mustered in, and shall
lie taken as substitutes for such persons.
or 50 many Of them as may be drafted,
to the extent of the number of such re
cruts. AMI ia the order designaied by the
principals q; the time such recruits are
thus "a aforesaid mustered in."
1t is clear that this enactment provides
for quite another case than that contem-
plated by the provision to which / have
been advertiDg in the statute Of 1864,
AMI confers upon an enrolled person a
privilege 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 of
1864.
Under the provision Of the 2ad section