The Jeffersonian. [volume] (Stroudsburg, Pa.) 1853-1911, 1865-03-30

StT-Ine IlTSL question pIOpOunueQ IN your
letter of tire Goth inst, is, whether the Odd
section of the act of March Sd, 1865, "super-
sedes'' the 4th section of the Act of Februa-
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 ''shaH be exempt from draft
during the time for sohich said substitute
shall not be liable to draft, not erceeding
the time for ,rhich such substitute ShaUhaUe
been accepted"
Under this enactment, any person enroll
ed, and liable 10 draft, may obtain eremp-
tion 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, bat it is an absolute
exemption which he acquires from liability
to be drawn at any and every draft which
may 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. his sub
stitutc 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, just 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
in consequence of the authorized substitution
of one individual for another in the draft
The party who desires to avail himself of the
benefit of the privilege conferred by the law
is properly and justly required to compen-
safe the substitute.
Such being the provision ef the law of
1864 on tbs subject of 'substitutes'' furnish
ed in anticipation of a draft the law of
March Sd, 1865, provides in lis 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. not
subject TO dfaft as they may deem cxpedi-
ent, which recruits shall stand to the
credit Of the persons thus causing them to be
mustered in, and shall be taken as substi-
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 |
are thus as aforesaid mustered in
Fl is clear that This enactment provide for |
quite another case than that contemplated |
by the provision to which have been adyer-
ting in the statute of 1864, and confers upon
an enrolled person 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 23d section of
the act of Sd March, 1865, he may in ad-
vance Of a draft, ''cauSe to be mustered into !
the service" '1recruit not subject to draft" |
when ''recruit' will "stand to the crcGiF' off
the enrolled person, causing him to be mus
tered In, in the event of the principal being |
drafted, and be taken, on the happening oil
that contingency, rs a substitute for such |
principal. But the credit sha il avail him on
ly for the particular daft in advance and an
ticiDation Of which be may have secured the
''recruit"
There is no provision in the act of 1865
that the person furnishing a recruit under
the 23d section, shall be ''erempt from draft''
during the time for which the recruit NAV
have been accepted and enlisted. But the
only benefit which person so furnishing
recruit derives underline act of 1865. is the
securing in the event of his being drafted.
of credit on particular draft in anticipa-
ton OF which the recruit may have been fur.
nished. The recruit may be mustered in.
to the service for three years, and vet. as n
substitute, he can avail the person who caus-
ed him to be mustered in for, and with res
pect to the one draft before, and in anticipa
ton OF which he was obtained The liabiIi.
ty OF the principal to be drafted at any 9th
er drafts occurring after the mastering in of
The "recrult, and during the term of his SER
vice, is not affected There is mauifestIv
therefore, no conflict between the respective
sections OF the acts of 1864 and lS63, 10
which you have called my attention. One
ioes not infringe upon or even cross the path
'f the other. They give different and dis
lnct rights and privileges TO the citizens La
Die 10 draft. lie has the alternative course
% pursue before any draft, either TO buv
substitute" and secure him to be mustered :
n, and thus obtain exemption from the draft :
Turing the entire term of enlistment of the
if the latter be so long not TiabI.
o draft, or he may procure for the Govern !
nent "recruit" not liable to draft and oh
ain credit for such recruit in case he sbould
e drafted, subjecting himself, however to
he liability of being compelled to repeot The
perationat every succeeding draft that NAV = !
e ordered by the President i
Chiefly, suppose, the design of the pro- t
lslon OF the act of 1865, under consideration a
Ias to offer induccment and present a slim |
lus to numbers or associations of individuals O
any sub-distrct, before the liability |
any OF them became fixed by draft 10 b
btaln volunteer recruits for the army. Con. a
ress IN this law, offers such associations n :,
remllim to use their exertions to fill up tbe =
rmles. 1t says TO the residents Of the mul.
tudinous counties, townships, wards and .,
fecmcts throughout the country, ''oganize .
ourself INTO recruiting societies induce
olunteers to enlist into the service bpfora
le draft; pay them such amountS of bon,,t,,