Burlington free press. [volume] (Burlington, Vt.) 1827-1865, 1865-03-31
dents of the ,nultitudinOus counties. townships,

dents Of the multtudinous counties townships,
wards, and precincts, throughout the country
organire yourself into recruiting societies; in
duce volunteers 10 enlist into the service before
the draft; pay them such amounts OF bounty As
you may be able to raise by your contributions
to the recruiting funds of YOUR several districts
and, when they have enlisted into the service,
the volunteers you may have raised will stand
TO the credit Of as many of you as nav happen
TO be drafted, TO the extent Of the number Of re-
cruits. in the order designated at the time the
recruits are mustered in
Such !. the declaration and promise Of the nes
law It's policy Is to encourage rseruihn1, no;
The p:ocuration OF substitutes; to induce the
people 10 organize associations FOR the advance
nent Of rolantesT:H ny, rather than the purchase
OF Substitutes.
IN enacting this new law, and inauguratlng
this new policy, Congress. however. has not ta-
ken away the right Of the enrolled person, be
fore the draft, to furnish a substitute, with the
qualification before stated. and thus secure his
xemption from draft during the time for which
his substitute shall have been accepted He still
~ It in his power to exercise that right in pref
: enee to the right conferred By the 2si section
Of the Act Of 81 March. 1860. Of obtaining a
recruit previous to each draft, As it may oc-
cur, and securing thereby a credit in the event,
on any OCCASION, Of his being drafted.
am Of opinion, therefore, that the 23d sec
ton Of the Act of March 8, 1905, dcer not SUI
perseie the 4th section Of the Act Of February
%, 1865.
The second question which you have referred
TO me, is,Thether the recruits" which are "to
be taken az substitutes, are 10 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 ct
the expense Of the United States, or as substi-
tutes which arc furnished At the cost Of the
principals
am Of opinion that the 50 recruits whom
persons enrolled 10 any sub-listrict may cause
10 be mustered into the service Of the United
States IN pursuance OF the 23d section Of the
Act Of 3D. March, 1865, are to be considered and
treated as other volunteers who are obtained at
the expense Of the United States. II will be OBJ
served, from the analysis Of the law contained il
the foregoing remarks. that the idea involved in
the law OF 1864 i Substitution while the idea
Of the law Of 1865 Is erediiiHg.
The section Of the Act Of 1865 under cousid-
Grafton, does not speak Of the recruits" in
question as substitutes but declares that the
''shdH Do taken as substitutes" for the per sons
who cause them % be mustered in They are
not substitutes, but only Of the nature or sub
siiiuiss. Their primary and essential character
under the law, i that ofereiiiS for their procur-
or principals; and this description il the first
description given Of them in the section in cues
ton, for, after saying "irbich recruits shGi
stand 10 the credit OF the persons thus causing
them 20 DO mustered ia." the section proceeds
"and shall be taken as substitutes for such per-
sons, or 20 many Of them as nGy BE- drlffsf
70 The erteaf Of The number q such recruits %
A critical study Of the words Of the ststui,
thus develops the fundamental idea which hsy,
Supposed, from other indications, was intended
20 be embodied Ia the law The recruits who
are 90 ''siGHi 20 the crsiig' ofthe enrolled per
sons, causing them 10 be mustered 10 before th,
occurrence Of draft. I am Of opinion, then
are 10 be considered As other volunteer recruit.
which are obtained At the expense 0f the United
S,ate- and not Substitutes, 90 IN the ordinary
+ sense OF that term, which are furnished ST the
cost Of the principals.
Very respectfully,
Your obeiient servant,
JAMES SPEED,
Attorney General