Litchfield enquirer., 1865-04-13
agPINIoN.
ATTORNEY GENERALS OFFICE,
 March l4th, 1865:

Sir:
 The frst question propoundcd in your let ter of the 10th inst. is. whether the 23d sectior of the act of March Sd, 1865, 'supersedes' ths 4th section of the act of February 24th, 1864
 The 4th sect. of the act of February 24ih 1884, enables any enrolled person, before draft, to furnish an acceptable substitute who is not liable to draft. nor, at the time, in tht military or naval service of the United States and provides that the person so furnishing such substitute shall be ex tempt from draft during the time for which such substitute shall not be liable to draft, not exceeding the time for which such substitute shall have been accept ed
 Uuder this enactment any person enrolled and liable to draft, may obtain exemptcn from draft curing the whole period of time for Which he shall procure substitute to be enlisted, provided the su5stituie shall be so long not lia- ble to draft. It is not mere credit for partic- ular draft which such person obtains by furn- ishing substitute before the anticipated draft, but it is an absolute exemption which he ac- quires 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 Government, provided the substitute be so long not liable to draft If, for example, his substitute is accepted as three years volun- teer, and remains so long not liable to al aft, the principle, by the provisions of the law of
 
 risk of being drafted during the whole period for which his sa bstitute enlisted, no matter how many drafts may occur between the enlistment 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 !he draft. The party who de- sires to avail himself of the benefit of the priv ilege conferred by the law, is properly and just 1v rpnuired t0 c0mneDSata tha Suhstifuta
 Such being the provision of the law of 1864 'on the subject of 'substiutes furniehed in an tioipation of draft, the Jaw of March 3d, 1865 provides (in its 23d section as follows:
 That any person or persons enrolled in any sub district may, after notice of draft, and be- fore the same shall have taken place, cause to be mustered into the service of the United States sch number of rscruas not suIjectt to drqf, as they may deem expedient, which recruits shall stand to the credit of the persons thus causing them to be mustered in, and shall be taken as substitutes for such persons, or so ma ny ot them as may be drafted, to the extent of the number of snch recruits, and in the order designated by the principals at the time such recruits are thus as aforesaid mustered in.
 It is clear that this enactment provides fer quite another case than that contemplated by the provision to which l have been adverting to the statute of 1864, and confers upon an en- rolled 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 3d March, 1865, he may, in advance of draft, cause to be mustered into the service 're- cruit not subject to draft, which recruit will stand to the credit of the enrolled person, causing him to be mustered in, in the event of the principal being drafted, and be taken, on the happening of that contingency, as a sub stitute for such principal. But the credit shall avail him only for the particular draft in ad- vance and anticipation Of which he may have secured the recruit
 There is no provision in the act of 1865 that the person furnishing recruit under the 23d section, shall be exempt from draft, during the time for which the recruit may have been accepted and enlisted. But the ,nly benefit which person so furnishing recruit derives under the act of 1865, is the securing, in the event of his being drafted, of a 'cr edit on the particular draft in anticipation of which the recruit may have been furnished. The Ire cruit' may be mustered into the service for three years and yet as a substitute, he can only avail the person who caused him to be muster ed in for, and with respect to the one draft be- fore, and in anticipation of which he was ob tain. The liability of the principal to be draft ed at any other d afts occurring after the mus tering in of the recruit, and during the term
 
 Smanifestly, therefore, no conflict between the respective sections of the acts of 1864 and S65 to which you have called my attention. One does not impinge upon nor even cross the path of the other. They give different and distinct rights and privileges to the citizen liable to the draft He las the alternative course to pursue before any draft, either to bay 'substitute,' and secure him to be mustered in, and thus ob- tain exemption from the draft during the en- tire term of enlistment of the substitute, if the latter be so long not liable to draft, or he may procure for the Government recruit not liable Ito draft, and obtain credit for such recruit in ease he should be drafted, subjecting himself, however to the liability of being compelled to repeat the operation at every succeeding draft that may be ordered by the President.
 Chiefly suppose, the design of the provis- ion of the act of 1865, under consideration, was 10 offer inducement and present stimulus to humber or associations of individuals in any Bub district, before the liability ot any of them became fixed by draft, to obtain volunteer recruits for the army. Congress in this law, offers such associations premium to use their kxertions to fill up the armies. It says to the residents of the multitudinous counties, town bhips, wardi and precincts, throughout the tountry, Organize yourselves into recruiting Bocieties induce volunteers to enlist into the service before the draft; pay them such amounts bf bounty as you may be able to raise by your ,ontributions to the recruiting funds of your several districts and when they have been en- isted into the service, the volunteers you may have raised will stand to the credit of as many bf you as may happen to be drafted, to the ex- tent of the number of recruits, in the order designated at the time the recruits are muster d in.
 Such is the declaration and promise of the lew law. It's policy is 10 encourage recruiting
 ot the prooura ion of substitutes to induce he people to organize associations fo- the ad
 ancement of volunteering, rather than the
 purchase of substitutes.
 In enacting this new law, and inaug urating
 his new policy, Congress- however, has not
 aken away the right of the enrolled person be
 ore the draft, to furnish substitute, with the
 ratification before stated, and thus secure his
 xemption from draft during the time for which
 lis substitute shall have been accept d. He
 till has it in his power to exercise that right
 n preference to the right conferred by the 23d
 ection of the act of Sd March, 1863, of obtain
 ng a recruit previous to each draft, as it ma,
 occur and securing thereby credit in the even
 n any occasion, of his being drafted.
 am of opinion, theirfore, that the 2Sd sec
 on of the act of March Sd, 1865, does not su
 ersede the 4th section of tGe act of Feb. 24
 564.
 The second question which you have referred
 me is whether the recruits which are { tt