The Wyandot pioneer. (Upper Sandusky, Ohio) 1853-1868, 1865-04-05

ATTORNEY GENELAL's OFFICE
March II. 1865. (
D1uICII IT IOUU. J
Hon. EDWIN M. STATION, Secretary of War.

letter of the 10th inst is, Whether the 23d sec
tion of the act OF March 3D., 1865, supersedes"
the 4th section of the act of February a. 1S642
The 4th section Of the act of February "a, 1864,
enables any enrolled person, before 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 pro-
vides that the person SO furnishing such substi-
tute, shall be exempt from draft during the time
for ,ohich sucl substitute shall not be liable to draft
not exceeding the time for which such substitute
shall haze been accepted" Under this enact
ment any person enrolled and liable to draft,
may obtain exemption from the draft during the
whole period of time for which he shall procure
a substitute to be enlisted, provided the substi-
tute shall be so long not liable to draft. 1t is
not a mere credit for particular draft which
such person obtains by furnishing a substitute
before the anticipated draft, but it is an abso-
lutte exemption which he acquires from liability
to be drawn at any and every draft which may
occur 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 three
years volunteer and remains so long not liable
to draft, the principal, by the provisions of the
law of 1864 Just referred to, is insured against
the risk of being drafted during the whole pc
riod for which his substitute enlisted, no matter
1;o4,,t u a. S,,Lat;t,,to ~ H. os,,.;.sHo
ilstlhehs Oh the SUBSTITUTE ana the expiration ol
his term of service.
Bnt the Government, under this provision,
is to be at no expense in consequence of the
authorized substitute of one individual for an
other in the draft. The party who desires to
avail himself of the benefit of the privilege con
leriea oy the la"' is properly ana Justly re-
!ufeu W coili we SUBSTITUTE. oc ouch pe
ing the provisions Oh Lhe law OF 1904 on the
suplect Oh suos1ltntcs furnished IN eeneeiclpa-
tio, Vi etot., ~. 1ne "a" Oh Maich D. looo' pro-
woes s., (lh lts @ou seetloh as 1ollows:
@ ihat any person OF persons enroied IN any
sao,aissc1 s m may Iiter poViee Oh drait ana De-
iore lhe same shall nave taken place, cause to
be mustered INTO the service OF the United States
such hum9ef Oh fecfn"s, not saGlect 10 aret' as
tney may deeln eNPedleht whieh recruits shail
StdHo 10 he cTeaH OF the persons thus causing
them 10 DC mustered IN, ana shall be taken as
s"oSt"ateS J0f Sach PERSONS OF 80 many OF utm
as may be drafted TO the extent OF the number
oi suei recruits, ana IN the order designated by
lhe EiineiPas' at Tue Iihe such recruits are tlus
Us aiolesalu ints1eloe in, ~ IS ciear th"C ths
ehacVlhens u li1etu.s tor duite anocher case thah
1haI hp pa"eu ~ 'He provisions 10 wnieh oc
"a aon fo,., H. sno s'"au'o y; !9of
" Ss4p"t f "n person rvlege
tat'ta yt;oh t,a S,a;i n;,nsa,f W y h;s
"nt;o,, in nraference to ihs lace .a,
by the act of 1864.
Under The proyisions Of tbe sad sec+;on Of tho
act of Sd March. 1865 he NAV in advance of
draft " couse to he mustered ;nto ,be ssg,;c."
recruit not subject to draft" which " recruit"
will !" stoud 10 ibe crsd;t1 ,f oarolla1 ,1o,'nn,
causing him TO he mustered in in tha e,ont on nf
the PRINCIPAL being drafted. and be token nm
the iappentno oftha1 confinoencD. as n subst;,ute
for such principal But the "cyedit,, shall avail
him only for the particular draft in advaroa
and in antic,nation of wb;nb be ,nn, havn sa
cured the recruit" There is no nrov;s;on in
the act of 1865 that the nerson fprn;s
recruit, under the 23l section be " eremn, Tram
draf," during the time for which the recruit
NAV have been accepte5 apd enlisted Hnt +ha
only benefit which \ nerson sc fnrn;sh; inv n"a ,m'
cruit derives under the oct of Is65 ;s 7hn 90
curing. in tbe event Of his boina drafto5 of
" crediP ON the particular draft in anticination
of which the recruit NAV have bcen furnished
The recruit NAV be mustered into tho snrt,;no
for three wears. and VET os n substitute ha oan
,nlv ovo;l tbe nerson who oansno hin, :, H.
o,,,storad IN for and with ras',aot - ,4i a. " o
1raft before and in antic;not;pn of ,vb;oh Wv, ho
was obtained Tha 1;.bility of tha nr;no;,eai ~
hn dr,ftod ot INV other drotts ooo,,rnn,. So W.
,ba muster;nr in cf thn raorr;t owl d,,m;no. ~
.or,, nf L;s oerr;oa Is nat ~ al sTratad M me
s mo n;fostlv thorofa,n ~ oo,,e;at .,I t.,, ~
,esnective sections Of tha ootS Of 1854 and Ises
n witch rou have oallod nv ~ attant;nn. "ne o. o.
loos NOT ;;nn,oo ,,,,on M, go orasa 81 IN
e tbn othor Tbop r,a % d;annt t'oSs a ',e i;"'t
and ;orcs e. tbe a;tisa I n'sslnoD
1rSa fto5 W Wv ~''iANA ii"oi' " oe
IIe He hos tho .1+orrotuo o -
ora on,, 5raft aittar ~ iuise L,' W pu.sue pe
ecura lin to be ,n,,storod ~ 5 J"1t'"'e, , aHu
,on,nt;oa fron, tln Jrof I,,a;' "aL 'nus ootaih
# anI;stment Of tbe snLsttnt f ;e ea,ie .,'ie
- 1ono NOT l;ob1a 70 .' draf4 -. - .,,o '"..er oe
or tbe Covern'nent ran; uf" ., t hr ndy procure
md obtain eredt far snoh NOV roo;t aoio ~ uli'
honld he drafted snb;eet;no h;msat - oa e"se -.
y the l;ab;ltv Of he;n aSe, al,a5 - nowetel'
,reraton Of svery snneoadns. Ssaf ~ =. t .ne
,a ,e orJered ] bv the Pras;dent u'"i' 'n"' may
Chiefly snpnose m a'; tbe daser &c +ho
# tbe oct Of 1ss5 under cog ;dn,atn as s't ~
: ,a .ne Jo ~, W auo' amJet eon.iaeraIon was 10
Of .irnI of sa"u,"s 70
nh d;strot hefora tha i;ah;it sn any
ecame t;yed bv draft 10 nhfy.n " aaiy .. eael'