Daily State sentinel. [volume] (Indianapolis, Ind.) 1861-1865, 1862-10-13

GExERAL coxNIssioxEn's OFfIcK,,
Indianapolis. Ind. Oct. l0th. lcb2


termnng the points involved. deem il proper
10 state the mode adopted and the reason Tor its
adoption
Our State Constitution exempts this class of
persons from military service, but provides that
they shall pay an equivalent. The provision
reads as follows: mo person conscientiously
opposed to bearing arms shall be compelled TO do
military duty. bat such person shall pay equiv
alent for exemption" Ii any error has been
committed in the mode adopted Il consists in not
requiring every person 80 exempt 20 pay the
equivalent, instead of forty per cent OF that num-
Der. IL Is commended by number of good law
yers, that the spirit and language OF the Consti-
tuition requires that all persons claiming the bene-
ut of this provision should pay the sum fixed by
the Secretary of War by virtue OF an act OF Con-
gress. | thought, however, the mode adopted
more equitable and within the spirit of the Con
sutution. The Constitution declares that 1.-The
militia shall consist of all ahle bodied white male
persons between the ages of eighteen and forty
FIVE years, except such as may be exempted by
the laws of the United States or of this State.
The same Constitution exempts the conscien-
tious, they therefore form no part of the State
militia, and were not counted in fixing the quota
OF any township. Their names can not be placed
in the box among tho subject to draft because
they are exempt by an express constitutional pro
vision Their exemption is not dependent on
payment OF the equivalent, but il complete prior
10 such payment. leaving the equivalent 20 be
collected subsequently. III the pay ment had been
made a condition precedent to the exemption,
then their names would have been placed in the
ballot box with Others subject TO draft, and on
being drawn they would have been released only
on payment of the sum fixed. But as they were
already exempt this could not be done. and it was
only left 20 make them all as exempts on our
books and provide for the payment OF an equiva
lent. In the absence OF the constitutional pro-
vision their names would have been all placed in
the ballot box and drawn the same as others AS
they were exempt they were deducted from the
militia OF each township If the able bodied men
OF township between the ages OF eighteen and
forty five numbered twelve hundred, and four
hundred of that number were conscientious ex-
empts, the township Is only charged with eight
hundred militia, and its quota basel on that mum
Der. III the whole twelve hundred were treated
militia it would have to furnish four hundred,
and eighty soldiers, being forty per cent, but as
the :Our hundred conscientious eIempts are de-
Quoted the township only has to furnish three
hundred and twenty men being one hundred and
sixty less than its proper proportion
II the militia of the township. either by volun-
teers draft, furnish the three hundred and
| twenty men, then the township has raised its
quota and is released from further draft Is it to
tie claimed that this releases the township from
making compensation for the remaining one hun
dred and sixty men !? They are still due from il
and have not been furnished. They are consci-
entlOus exempts and cannot be compelled to co.
they therefore required to pay equivalent
Ii requires the three hundred and twenty drafted
men or volunteers, and the payment of an equiv
| alent by the one hundred and sixty conscientious
exempts 10 cover the whole proportion Of the
township, four hundred and eighty men, 1t can
not be claimed therefore that because a township
has filled It's quota of drafts OF volunteers that it
has performed It's whole duty. The fighting men
of the township have paid the charge against
them ADD nothing more, leaving the equivalent
for the four hundred conscientious able bodied
exempts wholly unpaid. For this reason two
quotas were assigned to the township. one requi-
ring three hundred and twenty men. being forty
per cent of the militia to be furnished for the war;
the other requiring one hundred and sixty men,
being forty Ter cent of the conscientious. to each
pay equivalent the two united make four
hundred and eighty men, or forty per cent of the
twelve hundred able bodied men in the township.
IL is to be noticed that the 3.l69 conscientious
exemDts In the State are all able bodied men, be-
tween the ages of eighteen and forty five years,
and would constitute part of the militia of the
State, and be subject to be called into service
were it not that they are exempt on the ground of
conscience. II any one of them is not able bod
led he would have been excused from the service
on the ground of physical disability, and would
be placed in that list of exemptions, and have no
; equivalent TO pay. The conscientious exemption
list is composed exclusively of those exempted on
that ground alone. By the deduction of the
whole number of such exempts from the total en-
rollment, the burden TO be borne by the militia of
the State would be increased, unless that deduc
ton Is met by an equivalent The general ratio
of the State would necessarily be enlarged The
number raised by the draft will probably tall one
|, thousand below what was anticipated, on account
4. 4
sent previous to the enrolment, but whose names
were not obtained and entered by the commits
soners. I he deficit can be properly supplied by
| paving the 5000 equivalent OF the conscientious
exempis to an equal number of volunteers. There
are probably one Thousand of such drafted ex
. empts able To pay the equivalent Thus the able
bodied man who is EXEMPT from military duty on
conscientious grounds, furnishes the means by
which another is induced go, aud the militia of
the State is relieved from an unequal burden. As
the conscientious exempt cannot volunteer or in
, duce Others To vOunteer-as he cannot be drafted
, or aid any drafted man i'm procuring substitute
~ he cannot contribute money To war purposes; rs
his conscience forbds him to render any active
aid To the war, the Constitution requires some
compensation tor these exemptions.
E If the State is to be deprived of the entire
| support of 3.l69 able bodied citizens in great
D contest like this, some equivalent IL required.
/ Inc equivalent HAtu DN tue W NJ department u
5000. In determining who shall pay this sum,
the whole number of soldiers required from this
E State in proportion the whole number of mill
tia was ascertained, and found 10 be forty per
= cent. As the conscientious exempts have sent
{ no volunteers to the war they not credited
!: with any. and forty per cent OF them have beer
drafted and required to pay 5000 each In
case township has furnished no volunteers
forty per cent OF the militia OF that township Is
drafted If volunteers have been furnished. the
. township is credited with them; and If the whole
. number has been provided. there is no draft. II
I volunteers are furnished. they are of the militia
and are furnished BY the militia. Constellation:
/ eXempts have not volunteered. neither can they
/, furnish volunteers. They have nothing to dc
with furnishing the militia quota of a township
they are To furnish the equivalent 20 be paid b,
that township. BY claiming exemptions the,
voluntarily place themselves out OF the militia
D and assume the payment of an equivalent
" We have then, two classes recognized by III,
Consitution-the militia aud the eOnscientiou
exempts Each class has its own special dutie
10 perform the first 10 perform or furnish mill
! tary duty, the latter To pay the equivalent
= one class performs its duty that does not exoner
: ate the other class. Ii the exempts nay thei
. equivalents that does not release the militia from
a the perfor nance of it, duty, which i TO rais
whatever soldiers may be required; or II the mill
!. tia meets the demand of the general Govern
N ment that does not excuse the payment OF com
- nensafiou nv exeUptS Or III the militia volun