Bedford inquirer. [volume] (Bedford, Pa.) 1857-1884, 1865-04-07

The following Opinion of the Attorney
General of the United States is published for
the information of the people of this district.
GEO. EYSTER,
Capt. and Pro. Mar. 10Th Dist. Pa.
OPINION.
ATTORNEY GENERAL s OFFICE, March IA, Go.
HoN. E. NJ. STANTON, Secretary of War =
SIR; The first question propounded in your
letter ofthe 10th inst, is, whether the 2Sd
section of the Act of Morch Sd, 1865, asuper-
cedes' the 4th section ofthe Act of February
oath, 1864.
The 4th section of the Act of February 24th
1864. enables any enrolled person, before the
draft, to furnish "an acceptable substitute who
is not liable to draft, nor, at the time, in the
military or naval service of the United States
and provides that the person so furnishing
such substitutes "shau be exempt from draft
during the time for ackich such substitute shall
not be toble to draft, not erceeding the time
for schich such substitute shall hare been ac-
cepted."
Under this enactment, any person enrolled,
and liable to draft, may obtain exemption
from the draft during the whole period of
time for which he shall procure substitute
to be enlisted, provided the substitute shall
be so long not liable to draft. 1t is not mere
credit for particular draft which such person
obtains by furnishing substitute before the
anticipated draft, but it is an absolute exemp-
ton which he acquires from liability to be
drawn at any and every draft which may oc-
cur during the entire time for which his sub
stitute has been accepted by the Government,
provided the substitute be so long not liable
to draft If, for example, his substitute is
accepted as a three years volunteer, and re-
mains so long not liable to draft, the princi-
pal, by the provision of the law of 1864 Just
referred to, is insured against the risk of be-
ing drafted during the whole period for which
his substitute enlisted, no matter how many
drafts may occur between the enlistment of
the substitute and the expiration of his term
of service. But the Government, under this
provision, is to be at no expense in conse-
quence of the authorized substitution of one
individual fer another in the draft The par
ty who desires to avail himself of the benefit
of the privilege conferred by the law, is prop
erly and justly required t9 compensate the
substitute. s
Such being the provision of the law of 1864
on the subject of "substitutes'' furnished in
anticipation of the draft, the law of March Sd,
1865, provides (in its 2Sd section) as follows:
THAT any person or persons enrolled in
any SUBJ 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 expedient,
which recruits shall stand to the credit of the
persons thus causing them to be mustered in,
and shall be taken as substitutes for such per
sons, or so many of them 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 recruits are thus as aforesaid
mustered in.
1t is clear that this enactment provides for
quite another case than that contemplated bv
the provisions to which l have been advert.
ing in the statute of 1864, and confers unon 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 2sd section of |
lne Act OF Sd March, 1865, he may, in advance
OF Q draft, cause to be mustered into the SER
vice" recruit not subject to draft, which
recruit will 'stand to the credit of the |
enrolled person, causing him to be mustered |
IN, IN the event ofthe principal being drafted, |
and be taken, on the happening of that con-
nngency, as substitute for such principal. |
But the "credit'' shall avail him only for the
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