Litchfield enquirer., 1865-04-20

Sun Umbrellas, Buttons. Bindings, Trimmings,| Braids, &c., Sc. Mourning Bonnets always onI hand or made to order at the shortest notice ;l Straw Hats, and Bonnets, bleached, dyed andI pressed in the most fashionable shales; Dress es, Sacques. Aantles made to order. Having secured the services of Mrs WhaplesI she will attend to making little Boys Clothes as| usual. New Goods and the latest jas hions, rel ceived every two weeks through the season; all
 fl. NJ. BALDWIN. April 18th, 1865. g 3m OPls1os
 ATTORNEY GENERALS OFFICE,
 March 14th, 1865. HoN. EDWIN M. STANTON,
 Secretary of War:
 Str:
 The first question propounded in your let r ter of the 10th inst, is. whether the 23d section of the act of March Sd, 1865, 'supersedes' theI 4th section of the act of February 24th, 1864 The 4th sect. of the act of February 24th, | 1864, enables any enrolled person. before al draft, to furnish 'an acceptable substitute who is not liable to draft, nor, at ths time, in the military or naval service of the United States substitute shall be exempt from draft duringI the time for which such substitute shall not bel liable to draft, not exceeding the time for| which such substitute shall have been accept ed.'
 Uuder this enactment, any person enrolled, and liable to draft, may obtain exemption from| draft during the whole period of time for which, |he shall procure a substitute to be enlisted, provided the substitute shall be so long not lia- |ble to draft. It is not mere credit for partic- |ular draft which such person obtains by furn-| fishing substitute before the anticipated draft, |but it is an absolute exemption which he ac- |quires from liability to he 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 bel |so long not liable to draft. If, for example, his |substitute is accepted as a three years volun- teer, and remains so long not liable to draft, ] the principle, by the provisions of the law oil 1864, just referred to, is insured against theI |risk of being drafted during the whole periodl flor which his substitute enlisted, no matter howl many drafts may occur between the enlistment| Iof the substitute and the expiration of his term| of service. But the Government, under this| provision is to be at no expense in consequenceI |of the authorized substitution of one individual for another in the draft. The party who de- |sres to avail himself of the benefit of the priv. |ilege conferred by the law, is properly and just lily required to compensate the substitute.
 Such being the provision of the law of 1864 lon the subject of 'substitutes' furnished in an1 |tcipation of draft, the Jaw of March Sd, 1885,, provides tin its 2Sd section) as follows: That any person or persons enrolled in any| sasb distria may. after notice of draft, and be I fore the same shall have taken place, cause to be mustered into the service of the United States such number of r.cruts not subject to drq1 as they may deem expedient, which recruits shall stand to the credit of the persons thus| |causing them to be mustered in, and shall bel taken as substitutes for such persons, or so nal Thy ot them as may be drafted, to the extent of Ithe number of snch recruits, and in the order1 designated by the principals at the time suchI recruits are thus as aforesaid mustered in.'
 It is clear that this enactment provides forl butte another case than that contemplated byl the provision to which l have been adverting) to the statute of 1864, and confers upon an en-. rolled person privilege entirely distinct from U 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 23d section of the| Sd March, lS65, he may, in advance of a draft cause to be mustered into the service a Ire |cruit not subject to draft, which recruit will stand to the credit of the enrolled person, !, causing him to be mustered in, in the event oil the principal being drafted, and be taken, on the happening of that contingency, as sub- stitute for such principal. But the credit shall avail him only for the particular draft in ad vance and anticipation of which he may have secured the recruit
 There is no provision in the act of 1865 that the person furnishing recruit under the 23d section, shall be exempt from draft, during the time for which the recruit may have been accepted and enlisted. But the cnly benefit which person so furnishing a recruit derives under the act of 1865, is the securing, in the event of his being drafted, of 'cr ,dit' on the particular draft in anticipation of which tn.
 recruit may have been furnished. The 're- c,ult may be mustered into the service for snree years and yet as substitute, he can only avaii tne person who caused him to be muster ed m tor, and with respect to the one draft be tore, and in anticipation of which he was oh tain. The liability of the principal to be draft. led at any'other drafts occurring affar th m .. tering in of the recruit and durino inc term of his service, is not at all affected There is manifestly, therefore, no conflict between the respective sections of the acts of 1864 and S65 Ito which you have called my attention. One does not impinge upon nor even cross the patb of the other. They give different and distinct rights and privileges 10 the citizen liable to the draft. He has the alternative course to pursue before any draft, either to buy substitute. : and secure him to be mustered in, and thus ob. lain exemption from the draft dnrine the en. tire term q snliltmsnt q tbs nh lif1te, r thS