Bradford reporter. [volume] (Towanda, Pa.) 1844-1884, 1865-04-13

for the Government recruit !" not liable IN dra
and obtain credit for such recruit in case he sbli
be draft, subjecting himself, however to the EaIH
ity of being compelled to repeat the operatinr -
every succeeding draft that may be ordered bv ~,
President.
Chiefly, suppose, the design of the proyis;,,
Of the Act of 1865, under consideration, wac
offer inducement and present stimulus 10 nr,o
bers associations Of individuals in any subd;
trict, before the liability of any of them bec,,
fixed by a draft, to obtain volunteer recruits H
the army. Congress, in this law, offers sucb .,
soclations premium TO use their exertions IN fp
up the armies. 1t says to the residents Of the oni
titudinous counties, townships, wards, and pre.
cincts, throughout the country, "Organize vrn.
self into recruiting societies, induce volunteers :,
enlist into the service before the draft pav tbe,
such amounts of bounty You may be alle -
raise by your contributions to the recrl,ti,g f1nJ
of your several districts, and when they have Re-
enlisted into the service, the volunteers vn,, ,,
have raised will stand to the credit of AS man =.
you may happen to be drafted 10 the exteIt s
the number of recruits in the order desionata5'
mt the time the recruits mustered in
Such is the declaration and promise of tbe ,
law. Its policy is to encourage recr7tifnq not tb
procuration of substitutes to induce the reorI
to organize associations for the advancement oe
UOlutee5Dg rather than the purchase of substitute
In enacting this new law, and inaupIratino TIN.
new policy. Congress- however has NOT taLa,
away the right of the enrolled person. Lefore ~
draft to furnish a substitute, with the qualifica
ton before stated and thus secure his eTep,rtior
from draft during the time for which his sursfitn
shall have been accepted. He still has it in HI.
power to exercise that right in preference to the
right conferred by the 23d section of Sd Narcl
1855 of obtaining recruit previous TO each
draft, II may occur, and secure thereby credit
in the event. any occasion, of his being drafted
| am of opinion, therefore, that the 23d section
of the Act of March 3, 1865, does not suppressed
the 4th section of the Act of February a, 1854
The second question which you have referred r.
me, is, whether the recruits which are to b.
taken substitutes" are to be considered and
/ borne upon the muster-rolls and records of The
office of the Provost Marshal General, as Other
/ volunteer recruits which are obtained at the ey
pense OF the United States or as substitutes whir.
are furnished at the cost of the principals
am Of opinion that recruits whom persons
enrolled III any sub-dstrict may 'cause to be mus
tered into the service of the United States j,
pursuance to the 23d section of the Act Of 81
March 1865 to be considered and treated ID.
other volunteers who are obtained at the expens-
OF the United States. 1t Will be observed from
the analysis of the law contained in the foreggU1
remarks, that the involved in the law Of 1864
substitution, while the idea of the law 1866
credHng. The section Of the Act of 1865 uud..
consideration does not speak of the recruits IN
/ question substitutes but declares that tLer
! shall be taken as substitutes for the per,rr.
who cause them 10 be mustered IL. They are not sri
sttutes, but only of the lGttre o. Substitutes. Then
primary ana essential character, under the law
that of credits fer their procurers or principals
and this description is the first description given
of them i'll the section i'll question, for, after say,
ing ,rbiet recruits sloH StGd 10 the credit u HtJ
sons thus causing them to be mustered IN, the section
proceeds and shall be taken Substitutes r,r r
persons, aaayg Of them as may be drafted 10 p.
extent Of the member Of such recruits.
A critical study of the words OF the statut, tin.
develops the fundamental idea which have ,uT
posed, from other indications, Was intended to l.
embodied in the law. The . recruits who alp +,
81 stand to the credit of the enrolled persons cans.
ing them to be mustered III before the occursn-
of n draft, / am of opinion. then are to be cou.i1
cred other volunteer recruits which are obtarn1
/ at the expense of the United States are 10; f.,
substitutes" III the ordinary sense of that ten.
which furnished at the cost of the princinal.
Very respectfully, your obedient servant
JAMES SPEEn
Attorney General
Each District Provost Marshal will publish til.
opinion ONCE:
BY order of
Brig-Gen. E. ". KINKS
A. A. P. NJ. General
E. A. MONTROTH
lst Lieut.. 155th Pa. Vols, and Adit