The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1865-03-25
NEW ADVERTISEMENTS.

OPINION.
rosNEY Generals oBy1or.
Hon. sd,cia II. Stanton. march IA. 1866.
Secretary Of War:
SIR:
The first question propounded in your letter ~ tho
10th instant is whether the 23d section Of the sct
of March 3D. 1866 ''supersedesn the 4th section Of
the Act of February oath, I664l
The 4th section Of the Act of February oath, 1884,
enables any enrolled person, before draft, to fur
nish IAN acceptable substitute who is not liable to
draft, nor, ut the time, in the military or naval SER
vice Of the United States ana PROVES shst the
person so furnishing such substitute 'saGn be err
empt from draft during the time for phich sucn suosti-
tute shaH not be liable to draft, not ereeeaAg as tie
for Which sueh substitute shall haze been accepted
Under this enactment, any person enrolled. and
liable to draft may obtain sptfoR rom the arait
during the whole period of time for which ne snan
procure substitute to be enlisted provided the SUD
stute shall be SO long not liable to draft: IL Is not
mere credit for a particular draft which such per-
son obtains by furnishing substitute before the an
tcipated draft but it is absolute exemption which
he acquires from liability to be drawn at any and
every draft which may occur during the entire time
for which his substitute has been accepted by the
government, provided the substitute be SO long not
liable to draft If for example, his substitute is
long not liable to draft the principal by the pro-
vision OF the law of 1854 just referred to- is insured
period for which his substitute enlisted no matter
now many drafts may occur between the enlistment
Of the substitute and the expiration Of his term Of
service. But the Government, under this proyis-
ion is to be at expense in consequence of The au
thorized substitution of individual for another
in the draft. 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. tHlu I-t
Such being the provision of the law of 1854 on the
subject of 'substtutesn furnished in anticipation of
draft the law of March Sd, 1865, provides lin Its
I'D section) as follows
''That any person or persons enrolled in any sub
district may after notice of draft and before the
same shall have taken place; cause to be mustered
into the service of the United States such number Of
recruits, NOT subject TO draft as they may deem
pedient which recruits shall stand to the credit Of
persons thus causing them to be mustered in, and
shall be taken substitutes for such persons,
many of them as may be drafted to the extent of
the number of such recruits and in the order desg
mated by the principals at the time such recruits
| thus as aforesaid mustered in" eFge5as ~
1t is clear that this enactment provides for quite
another than that contemplated by the prOvis-
ion to which have been advertng in the statute of
1884, and confers upon enrolled person privilege
entirely distinct from that given to him by that
statute, Of which he may avail himself at his option,
of 1854
Under the provision Of the 23d section of the Act
| Of Sd March, 1865, he may. in advance of draft,
cause to be mustered into the serRcen 'recTt
subject to dra,n which ''recrut will 'stand 10 the
credit" of the enrolled person, causing him to be
mustered in, in the event Of the principal being
drafted, and be taken, on the hGppeniug Of that
1 'credit" shall avail him only for the particular
draft in advance and anticipation of which he may
i have secured the recruit"
There is no provision in the Act Of 1866 that the
person furnishing recruit" under the 23d section,
shall be g exempt from draft" during the time for
which the recruit may have been accepted and
listed But the only benefit which person so fur
nishing recruit derives under the Act of 1866. is
the securing, in the event of his being drafted, of
tcredif" the particular draft in anticipation Of
1 which the recruit may have been furnished The
recruitn may be mustered into the service for three
years. and yet as subs ttute he can only avail the
person who caused him to be mustered in for, and
with respect the draft before, and in antcipa
ton of which he obtained. The liability of the
principal to be drafted at any other drafts occurring
| after the mastering in OF the recruit and during
the term Of his service, is not at all affected There
spective sections Of the Acts of 1864 and 1865 to
which you have called my attention. One does not
impinge upon even cross the path Of the other.
They give different and distinct rights and priv-
leges to the citizen liable to draft He has the al
co@rse 70 pursue before any or az esner
cd in and thus obtain exemption from the draft dur
ing the entire term Of enlistment Of the substitute
II the latter be so long not liable to DRAFT or he may
procure for the Government recruit not liable
to draft and obtain credit for such recruit in case he
oh IL Ssn @ 70
ton ut every succeeding draft that may be ordered
4 Chief isuppcse, the des ga o. the provision of
the Act of 1865, under consi 'eration, was 10
Offer tnducement and present stimulus to numbers
before the liability of any of them became fixed by
draft, to obtain volunteer recruits Tor the army.
Congress. in thia law eff rs such associations pro-
mi to use their exertons t. fill up the armies. 1t
i says 10 the residents of the mutiudnous aties,
townships, wards aud precincts. throughouS the
soceties; indu volunteers to enlist mo the ser
vice before the draft; pay than such amounts ~
btuaty as you may be abe to raise by your mi ri
buttons to the recruiting funds OF yoar severel dis
tries; and. when they hsye been enlisted inso ths
service, ths volunteers you may have raised will
10 be- drafted, to the extent Of the nu nber Of re
eFnits lin the ordor dosisnated az thu lime the
crui are must sred in - -sf I~-.rr
Such is tina declaration AID IT 5mise OF the new
law. IFS policy is to encourage recruiting, not tbs
procuratioa o. substitute s; 10 induio the people to
/ tsertng, rather than the lu-ohase of 5s flutes
10 enactipg e is new law, and il aug 1rstipg tbis
tue right of the enrolled person before the DIR r. to
furnish substitute, with ths qullifcau II bsforo
stated and thus secure his exemption ( dra
during the lime for which h3sahsttu'e 81 ell hive
been accepte1. Pc still hiss II In his power to o. o.
ce that right in preference to the right confer cd
BY the 23i section OF the Act o. Sd March, 1856 Of
obi iai0g a"reeruit" previous to each att as it
may occur, ID securing Their tbya credit n tho
evepf, ON any coca ion. o. his neing drafted.
am of opiaiou, tn ore, that this 23t section of
the Act OF March Sd 1885, GOES not sur e7sedo III.
vb tsDr yo5 nave 'S Sa re
me, is, whether the recruits which are 60 be
taken subst uts pars to be ccnsiierJd and borne
upon the muster-rolts and records OF tn office of the
Provost MAJ shall General as 9th II voluute recruits
viii h are obtained at tho expense sf the United
Stae, OF as substitutes which are furnished at the
lam of opini. n that tbs ''recruits whom persons
enrolled in any sae-districs may cause to be
terod into the service the United States, ia pur
sne ace of tine 23d section OF The Act OF Sd March
1885, to be considered and lreate as othsr vol.
unteers who are obi iued at this expen of thu
4 United Stats. 1t will be observed from the aualy-
sis OF the Jaw contained in the flregoing remarks
that the dsa involved in the law of 1851 is sRbstie
ton, while the idea OF the law OF 1885 is ere Ktis0
The section of the set of 1855 under consideration
does not speak ofthe "fecruits" 10 question as Sub
sti utes" but declare, that they ''SkaI b. takea a.
institutes" for the who cause thern 10 Be
nastc" ed ~. They not SUBS iu ea but emily of
the nature of eubsi'u.es: Their primar and essen
tal character under the law. is that OF credits for
their procurers or principal; and this description ia
the ,st description given OF them in the seotioa In
que IN, Tor. after sa ing which recruit sh Il
stand to the credit Of tie persoss thAs causing them
TOD. mustered ta the section proceeds "ond shat
be tGksp as .ates J0r such PERSONS so many
Of them as mag be dr9fsed TO the ertent Of the mun
Der Of such recruits" --f
A critical study OF the W ,rds OF the statute thus
develops the fundamental idea v hich have suppos
cd fire. m other indi atoms, intended to be- EN-
bod ID in the law The recruits wh1 are to stand
20 me credit" OF the enrolled parscns oau4ng them
TO be mustered in before the occ lrrenos OF draf
am ofopino on. then. are to be considered as either
volunteer recruits which obta ned at he expense
ofths Uni ed States, not as substitutes 10 the
orsiDary sense OF that term which are furnished at
the cost of the principals lsr1-
| lam, Sir. very respectfully,
.IcJl sD Your Qhediant servant. I|u
| JAMES SPEED,
mch25a1t Attorney General.
Assessors Notice.