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1234 Series III Volume IV- Serial 125 - Union Letters, Orders, Reports

Page 1234 CORRESPONDENCE,ETC.

Received from the acting assistant provost-marshal-general's office, New York, March 13, 1865.

P. M. WETMORE,

On behalf of Committee of Citizens of New York.


HDQRS. COUNTY COMMITTEE ON VOLUNTEERING, City Hall Park, Broadway, Corner of Chambers Streets, New York, --- --, 186-.

I hereby certify that this committee has paid bounties to the following number of men credited to this county:

Men.

March 7............................................... 124

March 8............................................... 101

March 9............................................... 107

March 10.............................................. 70

March 11.............................................. 59

------

Total................................................. 461

For the last two days we have had no officers for the mustering in

of naval recruits.

ORISON BLUNT,
Chairman Committee on Volunteering, New York County.

OPINION.

ATTORNEY-GENERAL'S OFFICE, March 14, 1865.

Honorable EDWIN M. STANTON,

Secretary of War:

SIR: The first question propounded in your letter of the 10th instant is, whether the twenty-third section of the act of March 3, 1865, 'supersedes" the fourth section of the act of February 24, 1864.

The fourth section of the act of February 24, 1864, enables any enrolled person, before a draft, to furnish "an acceptable substitute who is not liable to draft, nor at the time in the miliary or naval service of the United States," and provides that the person so furnishing such substitute 'shall be exempt from a draft during the time for which such for which such substitute shall have been accepted."

Under this enactment any person enrolled and liable to draft may obtain exemption from the draft during the whole period of time for which he shall procure a substitute to be enlisted, provided the substitute shall be so long not liable to draft. It is not a mere credit for a particular draft,which such person obtains by furnishing a substitute before the anticipated draft, but it is an absolute exempting which he acquired 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 a three-years" volunteer, and remains so long not liable to draft, the principal by the provision of the law of 1864, just referred to, is insured against the risk of being drafted during the whole period for which his substitute and the expiration of his term of service. But the Government under this provision is to be


Page 1234 CORRESPONDENCE,ETC.