The Jeffersonian. [volume] (Stroudsburg, Pa.) 1853-1911, 1865-04-06
OPINION.
Attorney Generals Office,
March IA, 1865. {

sedes'' the 4th section OF the ACT OF Fenrua-
ry oath, 1864.
The 4th section of the act of February "a,
1864. enables any person, before draft to
furnish an acceptable substitute who Is not
liable to draft, nor, at the time, IN the mill
tary or naval service of the United States,
and provides that the person SO furnishing
such substitute "shaU be erempt from draft
during the time for ,ohich said substitute
shall mot be liable to draft, not exceeding
the time for which such substitute shall hare
been accepted"
Under this enactment, any person enroll
ed. and liable 10 draft, may obtain eremp-
ton from the draft during the whole period
for which he shall procure a 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 per-
son obtains by furnishing substitute before
the anticipated draft, but it is an absolute
exemption which he acquires from liability
to be drawn at any and every draft which
NAV occur during the entire time for which
his substitute has been accepted by the Gov
ernment provided the substitute be so long
not liable to draft If, for example, hissub-
stitute is accepted as three years volun-
teer, and remains SO long not liable TO draft,
the principal by the provision OF the law OF
1864. lust referred to, is insured against the
risk of being drafted for the whole period for
which his substitute enlisted, no matter how
MANY drafts may occur between the enlist
ment of the substitute and the expiration
Of his term of service. But the Government
under this provision, is to be at no expense
| . g ,l tb<1ri za1 nSfI mt ION
of one individual for another IN the draft
The party who desires to avail himself OF the
benefit of the privilege conferred 10y the law
is properly and justly required to compen-
safe the substitute.
Such being the provision Of the law Of
1864 on the subject of Substitutes" furnish
ed in anticipation of draft, the law Of
March Sd, 1865, provides in its 23d 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, mol
subject to draft as they may deem expedi-
ent which recruits shall stand to the
credit of the persons thus causing them to be
mustered in, and shall be taken as substi.
I tutes for such persons, 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
n are thus as aforesaid mustered in
II is clear that this enactment provide fol
quite another case than that contemplated
: by the provision to which have been adver
ting in the statute of 1864, and confers upon
an enrolled person privilege entirely distinc
from that given to him by that statute o
which he may avail himself at his option, IL
preference to the privilege conferred by The
act of 1864.
! Under the provision of the 23d section o
the act of Sd March, 1865, he may in ad
vance of draft, ''cauSe to be mustered int
, the seruice' ''recrut not subject to draft
when "recTuit' will s.stand to the credif' o
the enrolled person, causing him to be mus
tered in, in the event of the principal being
drafted, and be taken, on the happening o
that contingency, as substitute for sucl
principal. But the credit shall avail him on
ly for the particular draft in advance and an
ticipation of which he may have secured tn,
, ssrecrult."
: There is no provision in the act of 1S6!
that the person furnishing recruit unde
the 23G section, shall be ''erempt. from draft
during the time for which the recruit ma,
have been accepted and enlisted. But tn
only benefit which person so furnishing
recruit derives under the act of 1865, is tn
securing in the event of his being drafted
Ct credit on particular draft in anticipa
5 tion of which the recruit may have been fur
nished. The ''recruit" may be mustered in
to the service for three years, and yet, as
substitute, he can avail the person who caus
ed him to be mustered in for, aud with res
: pect to the one draft before, and in anticpa
tion of which he was obtained The liabil
: ty of the principal TO be drafted at any 9th
er drafts occurring after the mastering in c
. the 'recrut," and during the term of his sci
= vice, is not affected. There is manifest
y therefore, no conflict between the respectiv
sections of the acts of 1864 and 1865, t
which you have called my attention. On
does not infringe upon or even cross the pat
: of the other. They give different and di.
tinct rights and privileges TO the citizens liz
BILE to draft. He has the alternative cours
+ to pursue before any draft, either to buy
"substitute," and secure him to be mustere
in, and thus obtain exemption from the drai
during the entire term of enlistment of th
substitute, if the latter be SO long not liabl
o to draft, or he may procure for the Cover
+ ment "recruit" not liable to draft, and OF
h tain credit for such recruit in case he shoul
i be drafted, subjecting himself, however,
e the liability of being compelled to repeat th
If operation at every succeeding draft that ma
be ordered by the President.
y Chiefly, suppose, the design of the pre-
b vision of the act of 1865, under considerable
e was to offer inducement and present stin
II ulus to numbers or associations of individual
J, in any sub-district, before the liabilt
: of any of them became fixed by draft t
= obtain volunteer recruits for the army. Cor
h gress in this law, offers such associations
IS premium to use their exertions to fill up tn
Il armies. 1t says to the residents of the mu
!. titudinous counties, townships, wards an
Il precincts throughout the country, s'oganiz
yourself into recruiting societies; induc
volunteers to enlist into the service belor
the draft; pay them such amounts of bount
as you may be able to raise by your contr
buttons to the recruiting funds of your scye