Delaware gazette. [volume] (Delaware, Ohio) 1855-1886, 1865-04-14
OFFICIAL NOTICE.


Omc1al.
Sth DISTRICT Ono,
MANSFIELD March %, 1865.
FTYHE following is published in explanation OF the 23
section OF the Enrolment Law Of March 81, 1885;
.S-s Capt Prov. Mar ssh Dis o.
OPINION.
ATTORNEY GENERALS oF11cE \
March IA. 1865.
Hon. Edusia NJ Stanton, .SsereaTy Of Var:
S1R.Tbe arst question pro9ouuied in your letter o.
the 10th iust is whether the 23d section OF the Act
o. March Sd 1855 supersedas the 4th section Of the
The 4th section Of the Act Of Feb "a 1854, enables
any enrolled person, before draft furnish 'san
ceptabe substitute who IS not liable to draft at
the time, in the military naval service of the Uu
ted States, and provides that the person so furnish
time aOhieh such sbstls shall nat b TABLE %
draft exceeding the h1ts for Which such substitute
sh1Il hd1e been accepted"
. Under this enactment, any person enrolled. and liza
draFt may obtain ezap tioH from the draft dur
substitute be eniis ted provided the s.fte
shall be so long not liable to draft. 1t mere
credit for particular draft which such person obtains
by furnishing substitute before the anticipated draft
but absolute exemption WHICH be acquires from IL
occur during entire time for which his substf
has been accepted by the Government, provided the
substitute be long not liable TO draft. II, for
ample his substitute is pied three years vol
unteer and remains so long not liable TO draft the
referred 20 Is insured against the risk OF being
ed during the whole period for which his substitute
the enlistment Of the substitute aud the expira
ton Of his term Of service. But the Government un-
quence Of the authorized substitution OF indvidu-
afor another in the draft The party who desires to
by the law properly and Justly required to compen
safe the substitute
subject 'tsubstutes" furnished in anticipation
draft the law Of March Sd, 1865. provides Tin 23d
That any person or persons enroIed in any sub dis
tict may amer notice Of draft and before the same
has Dlace. to be mustered the
service the United States such number recruits
not subject draft, they may deem expedient which
shall Stand to he credit OF the thus causing
them to be mustered in, and shall be taken su5si
ttes for such persons, many Of them may be
drafted to the extent Of the number of such recruits
the order designated by the principals the
time such recruits thus aforesaid mustered in
IL ia clear that this enactment provides for quite an
other case than that contemplated by the provision
which have been adverting in the statUte OF 1864
ard confers upon enrolled person privilege entire
y distinct from that given 10 him by that statute,
which be may avail himself at his option in Prefer
enee to the priv iege conferred by the OF 1854
Under the provision Of the 23d the Act Of
March 3D. 1895, be may in advance OF draft ''caase
- mastered the sljeeto draft
which 'sreoruit'' ''stand eysdii en-
rolled person causing him TO be mustered in. in the
event OF principal being drafted, and be tGGsa,
the happening Of that contingency as sabsitstOr such
principal. But the credt shaIl avail him only for
the particular draft in advance and anticipation of
which he may have secured the recruit y
There is no provision the Act OF 1865 that per
son furnishing recruit, under the 23d section shall
be 'ezsmpt from draft during the time for which the
recruit may have been accepted and enlisted But
only benefit which person so tucnishing recruit de
rives under the Act OF 1885, is the securing in the
event Of being draeds OF eTsdit' the partic-
uar draft in anticipation Of which the srecrut may
have been furnished The "recruit may be muster
ed into the service for three years. and yet sub
stitate he can only avail the person who caused him
to be mustered in for, and with respect to the one
draft before, and in antic OF which he
tanned The lab iy or the principal be drafted AT
any other drafts occurring after the mastering in Of
the strecruit and during the term OF his service is
not at all affected. There is manlfestly, therefore,
no conflict between the respective sections Of the
Acts Of 1854 and 1862 to "hich y,u nave c1lled my
attention. One does not impinge upon. or
the path of the other. They give different and dis
tinct rights and privileges to the citizen liable to
draft He has the alternative course TO pursue before
any draft. either to buy substitute and
from the dra during the entire term of enlistment Of
the substitute If the latter be SO long not liable to
Graft, or ne may procure Tor the government "re-
cruitO not liable draft and obtain credit for such
recruit in he should be drafted subjecting him
self, however, 70 the LIABILITY OF heing compelled to
repeat tho operation Of every succeeding draft that
may be ordered by the President.
Chiefly, suppose, the design of the provision of
the Act of 1885, under consideration to offer in
ducement and present a stimulus to numbers or asso-
Citations Of ndyiduals in any suhiisriet, before the
obtain volunteer recruits for the army Congress, in
ther exertions to hlI up the armies. It says the
residents Of the multitudnOus counties, townships
wards and precincts, throughout the country. cor
ganize yourselves into recruiting societies. induce vol
anteers to enlist into the service before the drafts paw
to raise by your contributions to the recruiting funds
Of your several districts and when they have been
enlisted into the service the volunteer YOU may have
raised will stand to the credit of many OF you
may happen to be drafted to the extent of the
b r Of recruits the order designated time
the recruits are mustered in.'
such is the declaration and promise Of the new law
Its policy is to encourage recruiting, not the
tion of substitutes to induce he people organize
ASSOCIATIONS for the advancement of volunteeri g,
rather than the purchase of substitutes
n enactiug this law, and inangurating this new
policy Congress, however, has not taken away the
right Of the enrolled person. before the draft to fur
nsh substitute. with the qualification before stated
and thus secure his exemption from draft urng the
time for which his substitute shalha been evcatd
He still has in his power to exercise that right in
preference the right conferred ry the 2Sd section
the Act OF Sd March, 1860, oil obtaining s'recrut'
previous to each draft it may occur aud securino
thereby a credit in the event, on any occasion OF
am Of opinion therefore, 2sd section of the
Act Of March Sd 1866 does supercede the 4tb sec
tion of the Act OF February "a, 1864.
The second question which you have referred to me
is, whether the recruits which are 'to be taken as
substitutes are to be considered and borne upon the
rolls and records of the Office Provost
Marshal Ge9sraI as other volunteer recruits which
stues which are furnished at the of princi
pals.
lam of opinion that the s'recruts" whom persons
enrolled any district may cause to be muster
into the service Of the United states pursuance
of the section the Act March, 1865 are tc
considered and treated as other volunteers who
obtained at the expense Of the United States It viii
be observed from the analysis Of the law contained il
the foregoing remarks, that the idea involved in the
law Of 1854 is substitution while the idea OF the law
1855 Is ceding The section Of the Act of 1865 unde
consideration does not speak Of the recruits ques
ton as sssubstiutes - but declares they shaU
taken sstbstes's for the persons who them
mustered in They not substitutes, but only of tn
nature of substitutes Their primary and essential char
acter under is that of their procur
ers or principals; and this description is the first de
scripton given of them in the question:
after saying shall the credit
persons t5s causing them to be mustered in - the
ton proceeds 'taHd shall Be taken substitutes for
persous: many Of them may be drafted, to u
extent Of the number Of SlEch recTltits'
critical study of the words of the statute hus de
velops the Fundamental idea which lave supposed
from other Indications intended to be embodied
the law The ssrecruts'' who
Of the enrolled persons causing them be mustere
in before the occurrence of a draft, I opinion
then are to be considered as other volunteer recruit
which are obtained at the expense of the United State
and not as 'ssubsutes in the ordinary sense of tn
term which furnished the of the principa
VERY respectfully,
Your Obedient servant,
JAMES SPEED,
April lit. Attorney General.