New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1865-03-22
OPINION; o,,,, o,x,, ~. o,,c, March. ,,c..

| Hon. FpwIS NJ STANTON socrstary Of Var
Inst, s whether the 2Jd section Of the Ge, March les
.upeIsedes the 4h section othe Act Of Pebru,ry e 1851
The 4h section the Act Of February "a 1864 enables any
enrolled peron before DAFT furnish an acceptable sob
su,e who ia not liable TO dsf, nor Al tie time IA The Mil.
The person so furnishing ,ach substitute s1t,npi from
d,d during the time for uhh slch ,ub'itufs 'aA not Be
ats d,aR not ercee1nS The tune for rhi 'aeh 'Sl'.ssis
Under hi. enactment p-r'cn enrolled and liable to
period Of sine for Which he shall procure substitute 70 BE-
enlisted provided the 'utss sa be long not abs TO
DRAFT Ii i, redi for particular drsh which sueh
obsins by furnishing subsh;Ie before the snop
ted dsit bot !, 81 absolute sserpfs0n which he selIss
occur durirs the entire tim. for when bis .Sbtue Las been
accepted by the 0ovsrrnst provided s sss''sso b. -
cep,ed three volunteer, snd tetnns so long no,
liable 10 draft the PRINCIPAL, by the Proyi'.en OF the lt~ Of
"a: su rssT, ss %bo: ps S,sss r %s
'tDent Of the Substitute and tho .Ip sen Of ' tenn OF
service But the Government under this pTc .or TO be
Of individual for another the dran Tie psjy wlo 30
sires 10 avail himself Of tic benefit Of tie privilege ccnfersre
by The Law, hPeTy and justly required to eompen'sS The
Each ens The provision Of the. tw Of lee. the susee.
Of sgbstitutes risled IL Hntic pon a o-s tie law
Of March 1895 provide. Tin &. sd -econ a, follow.
Ih.t any pei'oa OF peFson, enLolea a an. .SD','a
en- place 10 mustered into the service Of the
United States such runbe of,ec'sit', 70 d,eL a.
credit o1hS per.oi. thus tsri them be nas.e.ed H. AID
shall be satsS ,gb.fiaa fr 'seh pn' or 20 msHy O
drafted TO the OF
recruits and order de.saled y the principals at the
time such recruits thus a aforesaid ngs.ere IN"
.dTe tin; iHT he s'oe q 3 and con upon ,rcd
pIeisrcnce the privilege co9fcnsd BY the Ae. q !s5'
ID 'l Msei The Ss'' Ss G may ne Il .ds:%se
"cess 70 d r.s,,a Sni: ne :,,f'." ,.r,pi 81
nasisei in IA the event Of & Saeps being dTss and
for such Principal But ihe ereds sLa avail hiu only Tor
particular drst in advance aud anticipation Of which be
there 90 provision IN the Of 1865 that the person FUR
nishng recruit" under the 2Jd section shall DO
been accepted and es,ed Bot the only benefit which per
furnishing recruit derives under the Act Of 1872 Is
the particular DRAFT in anticipation Of which tie "recfut
may have been furnished. The "recdt may be mustered
only avail the person who caused him to be mustered IN
for and with respect to the draft before and In sncp:
Of which bo obtained The liability Of the principal
to be drafted at Other ds. occurring ser The nu.ens
the respective sections Of the Acts OF 1864 and 1865
npcn nor even cross the path Of the other They give
different and distinct night, aud privileges to the citizen
nas Sr. 20 abs, 20 bav Abf and ,selrn him 10 he
mustered in and thus obtain exemption from the drs during
the entire Of enlistment Of the substitute. II the latter be
mert recruit liable to dTah and obtain credit for such
in he should be drafted, .ubectng himself how
ton succeeding DRAFT that may DO ordered BY the
| President 49,
1865 under 10 offer inducement and present
stimulus to numbers ssocaoSs Of individuals in any
district before the liability Of any Of them became fixed
by draft to obtain volunteer recruits for tie Army Con.
gres Ia this law offers such associations premium to use
then exeriions TO h up The armies ssys 70 The residents
Of the muudnous counties townships wards and precincts
the country Organize yourselves into recruiting
societies. ndace volunteers to enlist into the service before
the draft pay them such amounts Of bounty you may be
able 10 raise contributions 10 the recruiting funds
the service the volunteers you may have raised will sand to
the credit Of many Of may happen TO DO drsed TO
the Of the number OF recruits, in the order dts
mated at the time the recruits mustered in"
Such is the claTston and promise OF the new law Ia
policy encourage recruiting not the procuraon 81 sub
sutet TO induce the people to organize associations for the
advancement u roaMtee rather than the purchase Of sub
stitutes.
In enscing this law and inaugurang this policy
Congress- howeyr las not taken away the right Of tie en
rolled person, before tie dr. to furnish substitute, with
the qualification before stated and thus secure hs exemption
from dvs during the time for which his substitute shall have
accepted lie still Las 1t In his power to exercise that
right IN preference 10 the light erred by tho 2Jd section OF
the Act Of the Sd OF March, 1865 Of obtsning recruit
nous TO each dra ~ may occur, aud securing thereby
Of opinion therefore, that the 2Sd section Of the Act Of
march 1865 docs not upeTsede tie 9TH section Of tho Act
Of Feb a. 1854.
Tie second question which you have referred 10 M. 10
whether the "rccruts" which ito be taken substi
tro" 70 lie considered and borne uon the mus,eros
and records Of the ofe Of the Provost ksrha DeneTs
volunteer recruits ch obged al tho espensS Of
tie United states or substitutes which fcrhed tho
Az q opinion that the recrg.s" whom p.rsOps enrolled
any caue 10 be mustered into the service
Of ne sg,sd tAe IN pui.asnee Of TIC lsd section Of the
other volunteers who detained at the e,pnso Of tho
Uated ssie win be observed from the analysis OF the
h he law Of sss iabu,on While the idea Of the law u
aC5 eedin0. The section Of tie Ac OF 1868 under coni
sute but declsies that they .aH be taken a. .u5.te.
FOR the persons who cause fm 10 be mEeed They are