The Lancaster gazette. [volume] (Lancaster, Ohio) 1863-1886, 1865-03-30
Opinion.
ATTORNEY GENERALS OFFICE,
March llth, 1865,

AIIOkNEl GENERALS OFFICE,
March llth, 1865.
Hon. EpwIN NJ. STANTON, Sec. of War:
sIR;-Thc first question propounded in your letter
of the 10th inst Is, whether the sd section of the
Act of March sd, 1855, "superccdcs" the lth section
Of the "Act Of February 2lth, 1864 %
The lth section 0fthc "Act Of February 2ith, 1861,
enables any enrolled person, before drtit, to furnish
'an acceptable substitute who is not liable to draft,
nor, ut the time in the military or naval service
fthc United States" and provides that the person
so furnishing such substitute 'shull he exempt from
draft during the time iOrwhich such substitute shall
not he lmhlo to draft, not exceeding the time for
which such substitute shall have been accepted"
Under this enactment, amy person enrolled and
liable TO drait, may obtain exemption from the drait
during the whole period Of time for which he shall
procure n substitute TO bc enlisted, provided the
substitute shall he SO long not liable TO draft II is
not mere credit for particular draft which such
person ohains by furnshinga substitute before the
anticipated draft, hut II IL an absolute exemption
which he acquires from liability to be drawnat any
aud every draft which may occur during the entire
time for which mis- substitute has been accepted 10y
the Government, provided the substitute be so Ions
not liable to drat IT, for example, his substitute IL
accepted as three years volunteer and remains sc
long not liable to draft, the principal by the provision
of the law Of 1861 Just referred to- is insured against
the risk Of being drafted during tho whole period fol
which his substitute enlisted, no matter how many
drafts may occur between tho enlistment of the sub
stitnte and the expiration of his termo Service Bu
| the Government under this provision, is TO be at M
expense in consequence of the authorized snbsttu
ton of one individual for another in the drllt, lh'
party who desires TO avail hmsefofthe benefit ofth'
privilege conferred by the law, is properly md Justly
required to compensate the substitute. such beinl
the provision of The law Of 1868 on the subject Of sub
stitutos furnished in anticipation of draft the Law
of March 3 1870, provides n lts 22d secton) US fol
lows: "Thnt any person or persons enrolled IN an.
sub-district may, after notice OF draft, and beor
the same shall have taken place, cause to bomuster
ed into the service of the United States such numbe
Ofrecruts not subject to draft, as they may deem eX
pedient which recruits shall stanS to the credit Oft
persons thus causing them to he mustered in, an,
shall he taken as substitutes for such persons,
many Of them ~ may he drafted to the extent Of tn
number OF such recruits, and in the order designate
by tho principals at the time such recruits are thu
| as aforesaid mustered in. "
ltis clear that this enactment provides for quite
other case than that contemplated by the proyisio
to which have been adycrtpg the statute of 1864
and concrs upon IN enrolled person privilege en-
tirely distinct from that given him by that statute
of which he may avail hmse at his option, in pre-
cronce to the privilege conferred by the act OF 1856
Under the provision ofthe 23d section OF the Act
I'd March, 1868, he may in advance ofa drait, "eaus
TO be mustered into the service" "recruit not SUI
ject to draft" which recruit wa 'Stnd TO the cree
Il" OF the enrolled person. causing him TO be muster
cd n in the event OF the principal being drafted, an
be taken, on the happening OF that contingency, 9
q substitute for such principal. But the "credit
shah avail him only for tho particular draft In nd
yaueo and anticipation of which he may have secure
tho "recrmt." There IL no provision In the Act
1858 that the person furnishing "recruit," undt
the 9gd section, shall DO exempt from draft" durln
the time for which The recruit may have been oeeep