The Kenosha telegraph. [volume] (Kenosha, Wis.) 1860-1888, 1865-04-06
OPINION
ATTORNEY Generals OFFICE,
March 18th 1865

to furnish an acceptable substitute who ia not
haoIe TO dlaft,nor at the time, in the military or
naYa service of the United States, land pro-
woes woes mat the person SO furnishing such snbsti,
tule 'ShaH 6eeTenfPt from tie draft durSng The
tsnae 'hach S'tch substitute shall not be liable to
dra1t,n0r erceedsng the time for sckach suchsub,
stitute shall haze been uccepted,
Cn9ef ihls enactment any persen enrolled
ana liaoe to draft, may obtain ere1plaOn from,
inc drait during the whole period of time for
winch ne snail procure substitute to be enlist
co prGVided the substitute shall be so long moi
lapie to draft. 1t is not mere credit for a
particular DRAFT which such person obtains by
Iurnls hing substitute before the anticipates
oratt, but II is an absolute ecenlption which ht
acquires from liability TO be drawn at any anC
every graft which may occur during the entire
lime Tor which his substitute may have been 40.
copied by the Government, provided the supsti.
tute be 80 long not liable 70 draft. IT, for exam,
| pie has substitute is accepted as a three years
volunteer and remaius SO long not liable.to draf
the principal, 10y the provision hof the law o
1904 ust retelI ed tots insured against tie risk
! OF being drafted during the period for which
| his substitute enlisted, matter how many
drafts may occur between the enlistment of thu
substitute and the expiration of his term or ser
vice, But the Government under this provision
| Is to be at no expense in consequence OF the au
thorized substitution of one individual TOR an
| other in the draft The party who desires to a
! vail himself of the benefit of the privilege con,
TERED by the law, is properly and justly requlr
ed to compensate the substitute. ...
Such being the prov isi0n of the law Of 1856
| on the subject of substitutes furnished in an
tcipation of draft, the law of March 3 1865 pro
vides fin the 23d section) as follows:
| That any person or persons .enrolled IN ana
Su6> dlStf1ct may after notice of draft and be
fore the same shall have taken place, cause to bt
mustered into the United States service suct
numbers ofIeeruits not sub iect to draft as the,
edapm aXpadiant which rpnuaits of ~
credit OF the persons then thus to he mustered il
and shall be taken as substitutes for such per.
sons,or so many of them as may be drafted ,tC
the exteut of the number of such recruits and
in the order designated by the principals at the
time such recruits are thus as aforesaid muster
ed in. -.s... .. ..s ..-. -
il is clear that this enactment provides Tor
quite another case than that contemplated by
the provision to which had been adverting I'd
the statute of 1864, and confers upon an enroll
ed person privilege entirely di tinct from thai
given to him by that statute of which lie may
avail himself at his option i'll preference to the
preilege C onferred Uy the act of 1864
Under the provision of the oath section of the
act Of March Sd. 1868 he may in advance OF q
draft cause to be mustered into tie SerUece a. re-
crn0 not subject to the draft which recruit will
stand TO the credit ofthe enrolled person causing
him to be mustered in the event OIL the primes
pal being drafted and be taken on the happen
ing of that contingency AS substitute tor su Oh
principal But the credit shall avail hun on y
na,i''n II n,h;nh 10 NAV bava .aonrad ,t,l w.
cruir.
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 ac-
49,, So f,,,niahin recr,,it dsri,,ss nnder tho
4 ct nj IS65.is the Securing in tbt event of his
hain0 drafted of a credit on the narticnIur draft
in ante,paiion of which the recrust NAV have
heen furnished. The recruit NAV be mustered
into the service for three years aud vet as sub,
stitute he can only avail the person who Gauss
cd him to he mustered m for and with resnect
tn ono draft hefnre and in auticination of which
he IVA. r,htained The liability Of the nrincinal
~ be drafted at any other araft occurin0 atte.
tho nuster,np in of The recruit and dnr,ng tho
term of ms service is not at all affected, There
is maniie.tly therefore no conflict between the
respective sections Of tine Acts OF 1864 and 1865
to witch you have CAlied!my attention. One
does not infringe upon, nor even cross the path
of the other. Iheys give different and distinct
rights aud pilvlllges to the citizen liable 10
darft lie has the alternative course to pursue
before any d. aft either to buy Substitute and
secure him to be mustered in and thus obtain
.eAemption from the draft during the entire term
OF enlistment OF the ubstitutei If the latter he so
/ ny not liable to draft, or he may procure for
the Government a recruit not liable TO the draft
and obtain credit for such recruit in case he
should be drafted subiecting Yourself however
to repeat the operation at every succeeding draft
that may be ordered by the President
Chiefly suppose the design of the nrovision
Of tho AIT az tS95 undar cn1,sidar.t;orn me- -
offar Ind ncement5nnd present a stimnius - -
Iars ar ACCOMMODATIONS al individnaIs in INV nh
d;strict The liability nj any nj thnn H.
oo,na fYa6shv 8 drait 70 ohrain ,,ol,nIoanse
80 60 10 army Conorass in M; 49, IS & -
siah oaoiat,ons rrem;Sm r. No LII tba 10" onei'
dents IF The observation-disclosures connties tosn ,ns
wards and precincts throuohout the conntrv a.
ganize vnurs elves INTO reernitipg sociat;ass IN
dnca volunteers to enlist in the service hafaro
fhe drafi. nav them snch amopnts "a bon"t,ao
~ 49,, ~ ~ eis ~, 80 ee
r. Ire trcr,5t,uo funds of vnur sayeraI distiots'
s,i ,yt,, thav 2avp mean On iisted in ti
+Lo o1,I,,,.ars ,,on ma :, ha,,o ra;sd Iii ta ~
49,, or,'d,t ~ a. MAJ ~ ,,,,,, a 80, o'D,1 "
- tf1d ~ H. 80. * ~ s upPS" "
49,, y; tha nrtar das;o,,ottid =, ~ Vi TO
o'"''3, - ,,,>,>,I =; 'e0 ~ '''o 'ii'o 'pe
loUi u',s q" ~ tt,. ~ % -.
o"0ii 10 '"H 'oii anu Pioi'i'0e y, me new
IA" i'e poHey % 10 encourage TecrHDtnS, not
the plooui o'lou Vi auoe'uuteS 10 hduce the
PeUPle ~ VI ahi|e eSsocla'l"ls Ior me advance
meut OF V0tN"fee'@"S' rainier thah the purchase
Vi suoSt"uleo'
- '1 T ia" ahu lnauguratng
a,,,o ia iIt ~ ,b 1919 I,,', not 'aAen
,,sty -, ernisb s,,hat;t,, pt,t ooloIe TIE
ti0ns befnte st ted md tbns saonra \ e,..-
rott d,,r;,,'' ,i', h,e eAemp
III ha,, 60 s,,ta% ''i iI 'oi ~nioh n's SUP
~ 'o s.ii. naS II IN ms
~ $500 ~, ,t td 40 enoe 10 'he
- % - Natoh IsEE - ott;a;' nc Aot vi
.o,,inns tn aarh dratt as l. -, - ioot ule
, ,haraI, creiI 10 ~. 80 anu se>
cesi' nf he nm, dra,,ad ''"'' VA any oc"
+ an NJ nnjni,,n tharaf,re that ,ho o2d o.
tinn ~ he fct of March ID iSGs d. "u rec
pereede The 4lh section OF the Act OF February
24fh. 1864 ~
The second question which Won have refer,ed
TO me. is. wbetrer the "reoruitsn which are
10 be takeu as substitutes. are To he consid
cred and borne upon the mus,er-rolJs and rec.
Drds of the office of the Provost M arsbal as 9th
or volunteer recruits which are obtained at the
expense of the United States or as substituted
which are furnished at the cost OF the principas
am of opiniop that the recruits whom nor |