, 1865-03-27

| for not keeping tue street tztnps lighted.
Aid. 1a1cort said that the test 1snp posts were al
lowed 10 burn much longer than tie others. He
tLought the proposed advance was too much. He
1lorea tolmend b} ttaS1ns the price <s2-5l
The Company Ind broken taith With tsa M plsIie. i
Lost.
The Council then adjourned.
TEE NEW DRAFT LAW.
suhs.itntes-Dratt ssssei.tiona-PoA,-
cy Of the LaW-OPlnlun OF At
torncy General Spred-
The following, official copy of the opinion OF
A.o1ILey Geneial speea on the me1nlusa n Of the
peW Law Is Of great interest to all liable to SER
! ATTORNEY GEsERA1ts Or11cE,l
lion. Edwin M. Stanton, sec.etsrg Of II War: AZ
| SIc--Ihe first question proposed. In your letter
Q! he 1cth inst, is Mhether tho ed section ofthe
The Atn eect1on Of the Acr OF February q, 1851
cn6t!es snY euroiltd person. before draft to fur
nsh ~. I'm seeeptaele saostute ho e not Liable
fefFaee oftls United States,'' and provides that
The person 60 furnishing such sub: titure :hatl
exempt from draft during the time for which such
substitute shall not he liable to dratt, not exceed
ins @ ths time for which sneh aubsususe shall have
liable to uratt, nag oheal1 exemption fron TIC.
draft during the whole period 0. time for which
DC saa 9hs R e b. Pc
er.f. which euch person obtains by furnishing
aeseas s1mpa 6s he + a
1ty to be drawn at any and every draft, wafch may
occur during the entire time for which his subsrl
his ptossd ised hepsS e. e 0Teaa oas
not liable to DRAFT II, for example, LIS su7-
etItrte Is. accepted ns throe yenrs' vol
PRINCIPAL bJ the provision OF the Law OF 1855 just
nferred 10, is Insured against the r1;k Of helug
dfated during the whole perlod for which his
occur between the enlistment Of the substitute
and the expiration OF hfs term Of service. Lat
nEsef @ to BE-
sittutlon Of orc individual for another In the
draft. The gs5ty who desires t. avail ntn2se,f Of
l. properly ard justly required to compensate tie
such heiag the provision Of the Jaw Of 1861, on
pa!icn Of draft, the law Of March 3. 1865, pro.
stdcs I'm tts Esd seetion,}as follows: .'Taal any
inay, 1Itcr notice OF dt.r, and before the same
sbnll have taken place, c1uea to be mustered 1nto
the service OF the United States such number OF
czpedient, which recruits eA4l stand 10 the credit
Of the persons TINS causing them to be ianstered
in, and shall be :akcn as n>sl;utes for such per-
u
extent Of the number Of such recruits, ard IN the
order designated, bT the principals Mt the time
such recruits are thus a. Aforesaid mustered in"
It's clear thar the cnactmeut provides for quite
rn.ther case than that contemplated by the pro-
vis1cn to which hare beea adyernag IN the
statute Of 1854 and confers upon IN enrolled per
him bv that etstute, Of which he may avail him.
self IT hts option, in preference the privilege
Tnder ,o pr provision q the ssa section OF the
act. Of Sd March, 1855, he may in advance OF 4
dram, "cause to be mustered tato the service"
viii .ssnd to lie de cTedi W Or tue -e enrolled Der pei
sou, causine him to be mustered n, In tue
event If The principal bc'ng drafted, and be taken
tae m 30 or saeh p1ihe}pal. But Is es.sai "a % ahsi
avail him only for the particu DRAFT IN advance
ann ana anticipslion Of which he may hare secured
There is prot sion In the ael of 1855, that the
Itreon furnishing recruit" under thu 2sd sec-
tior. slala BE- Exempt from dralt'' dnnng the
| cd end cni1stcd. Bat tho onlv benefit which
person 60 furnishing recruit, derives under the
nst q 1s5 10 ,hs 1eca5inE IN TIC cyent q has BE-
IN anticipation Of winch tie - 'reesn1t'' amy have
| lwen tu1nishca: The reeEuit may bo mustered
into nc service f9E .hEss ysazs and gel. Is SAB,
linn TO lie us!e-ca In foE, and with re.pect 10 the
1z1San before. and in anticipation Of which he was
Obtained The liability os tee pslncip,l 10 be
1rukteT1Dg IN of the ''recrutt," ani dur
,ss II ne .;sn'c, tern Of H service is r..
20 esn:t petmscn ho rsspsess :a
tIcrs Of lbe ncta Of 1874 and 1866, to which you
have called my attention One :es no; infringe
give a:Ee1cnt ant distinct richts and priyisss: 3
The citizens nat1e to draft either to buy '.aub.
sasnte " ard secure him to be mustered IN, aad
ennre term Of enlistment Of the substitute, Il lie
litter be 20 60 Il 1ong rot liable to dras q he may
hYf3hf fNx
he should BE- drafted, subjecune himself hower-
es, to The liability of being compelled to repeat
nc operation n ss eyery saseeedins d1t that may
Of .be Act Of 1t65' under consideration, WIS 70
befs Or asso.iatons Of naivid1sis IN any, subdis- %
trtet, before the liability Of any Of them became
axed. by dIaft, to obtain volunteer recruits FOR
Citations premium 10 use their cxert1ons to 1l up
the armies ftsays to the residents Of the multi
tnd1no1s counties, townships, ward+ and precincts
ctuiiing societies; tnauce Volunteers to enlist into
Tie eery1 g before The draft; pay them such
amounts q bounty ss you mar he allie to raise oy
your contributions to The recruiting funds Of your
sevelal Districts; and when they have hecn en-
listed INTO 1he service, the volunteers you my
you IS may happen to be drafted, to the extent Of
the lumber Of recruits, IN the order designated,
at tie time the recruits azt mustered in.
law. Its policy /. to encoursee recruiting, the
proeura Ion OF hstisucs to induce the people to
un1eersn. rather The purchase Q, snbshutes.
III cnacting tins ne:s l2w4 and inaueurauog tlis
nets policy, Congress, however, has not Iiksn
drsft, to furnish substitute, vito the quslilc1-
ton before efEtcd, End thus eecpre hIs exemption
from drsh during the tune for Ghfch hts sub:n t.
his power to exercise that right in preference 10
the right conferred by the e5rd eecton Of the Act
M II n EF-ff "a NOV frr~r and
s;vn ot his hefng drattcd.
&C:
the 4h section Of the Act Of February 24th, 1854
The second question which yon hare EeieIrsa to
taken as eunstitn,es" -" arc to be considered and
s,oEEe npon thc muster rolls and records Of the
froyost Marsnal General as other II voluntcsr r. r;
United States or as substitutes which arc furnish
cd nj tic cost Of the principals:
pertons enrolled ii any sub-ai.triet may ctnse to
s'at.s,' N pursuance Of the esd section Of The
| end trestcd other volunteers, who a1e OBJ
Ii: will be observed from Il the ana'ysfs
rcnaacER, that the idea involved In the Law Of 1s4
Is substiuuon. while the idea Of the law Of 1865,
c1caitirg Ths section Of tie At Of 1855 andes
tLey ali he taken as snbstituies'' for the per-
not oo o sa
sututce. Their primary and essential character.
urder the law Is That Of credits for their proru-
ton, for, a1ter saying :" w61eh recruits Shall
'nd to the credit Or the thsz
proceeds. "and shall be taken as substitutes for
d1ai!ee: to ine extent Of the 3niaaeF q saca re.