The Lancaster gazette. [volume] (Lancaster, Ohio) 1863-1886, 1865-03-30


cd and ENLISTED. But tho only benefit which ner.ou
so Furnishing recruit derives, under
the securing, in the eyentdfhs Isine dral M.
which the "reort, rS' ,no % at9it IN anticipation Of
recruit may be mustered into the service for fhreS
Sersoh " %bSs sShG5..nts e ssp only the
with respect 70 the drift before nnd ~ ntti anu
tlon q which he was obtained, The labiiitv NJ iha
principal TO be drafted NJ any other dran occ,r.;t
after iho mastering in of the ''recrut" !" ana J,tis
tf term OF s service, - not at All affected Thars
u Inaiestly thereiore no conflict between the re-
spectlve sections Of tho Acts Of 1864 IN hch
you have called my attention. One does no, ~ s,i,
%pSn So no1 sysn Gloss the pothOf theoiher., They
etizen abe ~ ro uis'hgs 49, r,gn and privileges TO the
TO pursue before any draft, either to Inv ,ssh
@ .ve' nlu secure him to be mustered in and thus oh
lmh exemption from The drait during the as,iTe
oi enlistment of the substitute, II the latter he 81 Ion
no. uaoie 70 drat, or he may procure for the Govern
Ky sa not liable to draft and obtain credit
lecting himself however to the sbitS ~ SUD
PEELED TO reneqt the operation at every succeedng
dran MI tnat Ipay be ordered by the President. I e
Chiefly suppose, thedesigh ofthe froyision or,h,
t VI & n, under consideration, was TO offer induce
in"t aiia present stimulus to numbers or assoca-
u9ns OF lhlVdnals ~ any subdstfiet, before me lin
ollly olmy OF them became fixed by draft 10 obtain
volunteer recruits for the army Congress- IN ibis Inv
,% 10 IN nS hS npSs premium Their
the multtudnous counties townships wards and nre
cncts throughout he country, "Qrganize yourselves
into recruiting societies; induce volDteeTs tn enfs.
into the service before the draft pay them snch
amounts olbonnty as you may be able to- raise SY
your combinations % the recrnItihg funds of your
several districts and, whehthey have been enlisted
INTO the service, The volunteers you may have raised
will Stand to the credit Of as many of yo ms ma han
pen to bcdrafed, to the extent of the number ofre
t crts 10 ..e oraer designated, at the time the re-
Suehis the declaration md promise of the new law.
sponey + 20 encourage recruiting, not the procura.
uon ~ spbsuutesj 10 induce the people to orQnnlze
associations for tire advancement Of yoIuntecnns
rather than the purchase of substitutes, 81 e'
IN ehaclng thls new Jaw and inaugurating this
new policy, Congress, however, has not taken aWav
the right oftho enrolled person. before ND draft ~
furnish substitute with disqualification before sta
and thus secure his exemption from draft iurinc
the time for which his substitute shall have beeh oc
cepted. He still has tnhs power to exercise that
right in preferences to the right conferred by the 23d
section Of tile act Of Sd March, 1866 of obtaining a
recrp previous to ench draft, as it may occur and
securing thereby, creditn the event, oh any occa.
sion of his being drafted.
lam opinion therefore, that the 23d section Of
the Act Of March ,, 1860 does not supercede the 4th
section of the act of February "a, 1864.
The second question which you have referred to
me, is, whether the 'recrlts," which are "to be ta-
ken rs substitutes" are to be considered and borne
upon the mustcrros and records Of the office of the
Provost Marshal General other volunteer recruits
which are obtained at the expense Of the United
Statcs or US substitutes which furnished at the
cost Of the principals: am Of opinion that the ire
lcruitsn whom persons enrolled in any sub-district
may "ciuse to be mustered into the service of the
United sntes in pursuance of the 23d section OF the
Act o3d March, 1865, are to be considered snd treat
pcnse of the United Satos. IL will he obser ;ed from
the analysis of the law contained m the foregoing re-
marks that the idea involved in the law Of 1884 is
subsiOn while the idea of the law of 1865, is credit
ing. The section of the Act Of 1865 under consdera.
ton does not speak of the recruits in question
'substltutes," but declares that they sha be taken
rs substitutes" for the persons who cause them to -
mustered in. They are not substitutes, but emily
the nature of substitutes. Their primary and esse
tia character under the law, is that of credits for tht
procurcrs or PRINCIPALS; and this desert phonls II
first description given OF them in the section in que
tom for, after saying (which recruits shall stand
the credit of persons thus causing them to be mus
tered n," the section proceeds, and shall be taken
as substitutes for such persons, many OF them
as may he drafted, to the extent ofthe number ofsuch
recruits"
critical Study of the words of the Statute thus de.
yelops the fundamental idea which have supposed
from other indications, intended to be embodied
in the law. The recruits who are to s'stand to the
credit of the enrolled persons, causing them to be-
mustered in before the occurrence of draft am OF
opinion then to be considered other volunteer
recruits which are obtained at he expense of tho
United Stcs and not substitutes" IN the ordna-
ry sense 0fthat term which furnished at the cost
OF the princpalr.
Very respectfully, your obedlent servant, 81!
| t'..r JAMES SPEED,
Attorney General.