Year: 1865

Hon. E. N. STANTON, Sec. of War:


Sfr-The first question propounded in your
letter of the Goth inst, is, whether the 23d
section of the act of March Sd, 1865. "super-
sedes" the 4th section of the Act of Februa-
nv oath, 1864.


The 4th section of the act Of February "a
1864, enables any person, before draft to
furnish an acceptable substitute who is not
liable to draft, nor, at the time, In the mill
tarv or naval service of the United States
and provides that the person so furnishing
such substitute ''ShdU be exempt from draft
during the time for aohich said substitute
shall not be LiG6le to draft not exceeding
the time for Uh5ch suck substitute ShaHhaUe
been accepted"


Under this enactment any person enroll
ed. aud liable 10 draft, may obtain crcmp-
ton from the draft during the whole period
for which he shall procure a substitute to be
enlisted, provided the substitute shall be so
long not liable to draft. 1t is not mere
credit for a particular draft which such per-
son obtains by furnishing substitute before
the anticipated draft, but it is an absolute
exemption which he acquires from liability
to be drawn al any and every draft which
may occur during the entire time for which
mis- substitute has been accepted by the Gov
crnmcnt provided the substitute be so long
not liable 70 draft. II, for example, hissub-
stitutc is accepted as three years volun-
teer, and remains so long not liable 10 draft,
the principa by the provision of the law OF
sS6i. lust referred TO. is insured against the
risk of being drafted for the whole period for
which his substitute enlisted, no matter how
many drafts may occur between the enlist
ment 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
ofone individual for another in the draft
The party who desires to avail himself of the
beneft of the privilege conferred by the law
is properly and justly required TO comPen-
safe the substitute.


Such being the provision Of the law of
1864 on the subject Of substitutes furnish
ed in anticipation of draft, the law of
March Sd, 1860, provides in It's 23d section
as follows:


That any person or persons enrolled IN
any sub-diStrict may, after notice of draft,
and before the same shall have taken place,
cause 10 be mustered into the service OF the
United States such number Of recruits, not
subject TO draft as they may deem expedi-
cnt, which recruits shall stand To the
credit Of the persons thus causing them TO be
mustered in, and shall be taken as substi-
tutes for such persons, or so many Of them us
may be drafted, to the extent Of the number
Of such recruits, and IN the order designated
by the principals at the time such recruits
ere thus as aforesaid mustered in


Ii is clear that this enactment provide for
quite another case than that contemplated
hy the provision to which / have been adrer-
ting in the statute Of 1864, and confers upon
anenro.led person privilege entirely distinct
from that given to him by that statute OF
which he may avail himself al his option, IN
preference TO the privilege conferred by the
uct Of 1854.


Under the provision Of the 23d section Of
the act Of Sd March, 1865, he may in ad-
vance of draft, s'cauSe TO be mustered into
tie serricc'' srecrut not subject to draft"
when recruit will stand 10 the credit Of
the enrolled person, causing him to be mus
tered in, in the event of the principal being
drafted. and be taken, on the happening Of
that confingencu, as substitute for such
principal. But the credit shall avail him On
iv for the particular draft in advance and an
ticipatiVn of which he may have secured the
recruit"


There is no provision in the act of 1860
that the person furnishing a ''recruit" under
the 23d section, shall be "crempt from drGF
during the time for which the recruit may
have been accepted and enlisted But the
only benefit which person SO furnishing
recruit derives under the act of 1865, is the
securing in the event of his being drafted,
ola credit on particular draft in antcpa-
ton of which the recruit may have been fur
nsbed. The recruit may be mustered in
to the service for three years, and yet, as a
substitute. he can avail the person who caus-
ed him to be mustered in for, aud with res
pect to the one draft before, and IN antlclpa-
ton of whiclrhe was obtained. The lIabIil'
ty Of the principal TO be drafted at any 9TH
er drafts occurring after the mastering IN OF
the recruit" and during the term OF his SER
vice, is not affected. There is manlfestly
therefore, no conflict between the respective
sections of the acts of 1864 and 1865, TO
which you have called my attention. One
does not infringe upon or even cross the path
Of the other. They give different and dis
tnct rights and privileges TO the citizens liza
bic to draft He has the alternative course
to pursue before any draft, either to buy a
Substitute and secure him to be mustered
in, and thus obtain exemption from the draft
during the entire term of enlistment of the
substitute. if the latter be so long not liable
TO draft, or he may procure for the Govern
ment recruit not liable. TO draft, and OBJ
tain credit for such recruit in case he should
be drafted, subjecting himself, however, t.
the liability of being compelled to repeat the
operation at every succeeding draft that may
be ordered by the President.