The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1863-11-19
The Substitute oue.tiop. /.


Thesuhstitute question viii douk,,es. he ratse.
at an early day In the Congress which assemble
early next month. The Gevernor ef Georgia In NJ,
message to the Legislature dcvoses a cons,derab,,
space to the confederation Of this question. W.,
make some extracts from his views:
That portion or the conscrtpt act'vh,ch au,hor
lxes !hose within conscrpt age to employ subSli
sutesha III my 0plniOn, been productive OF ths
most unfortunate results. II conscstptton Is right
OF II II Is TO be acquiesced In mstter Of neces
sty, IL certainly Just that II act upoa all alike
whether rich or poor. With the substitution pTin
ctp,e In the aef, Its effect has been IN compel ihs
poorer class, who have money with which Il
eMpiVy substitutes, to enter the afJny, no matter
what may be the condition of their families al
Rome, while the rich, who have money with which
10 employ substitutes, have 0ia<w escaped compui
sory service. THIS Is NOT just AS between man and
man. While Trust I have shown that the
poorest Msn In the ConfedeIacy has such intercs,
at stake as should stimulate him 10 endure any
amount oI hardship or danger for the success of
cause, II cannot be denied that the wealthy are un-
der ~ great obligation IN do service, AZ they have
In addition to the rights aud liberties
and their children, a large amount ut property ia
protect. IL every wealthy man would do his duty
and share his part Of the dangers of the war, bnl
few complaints would be- heard from the DOOR,
But II the money of the rich is 10 continue to Sc
cure them from the hardships, privatiOns and dan
gers to which the poor are exposed, discomfort,
and more less demoTaliZa tion i'm the aFmy mn i
be the inevitable result
He who has paid two three thoarand dollars
for his substitute has often made ii back in sin
gle month by specuiatsn, and II has not unffe.
Qucntly happened that the families Of those In ser
vice at eleven dollars per month have been the
'nOst unfortunate victims of lbs speculation and
ext0fiOn. ID 80
A very large number Of stout, able bodied young
men, between 10 and 45 years of age, are now out
Of the army, and In their places the Government
has accepicd old men over 45, who have, in most
cases, been unable to undergo long marches, pr
vatiOh, and fatigue. Thousands of these have sunk
by the way, either into the hospitals or into the
grave. II Is also understood that much the larger
number of describes and stragslers from the army
have been substitutes who have entered il for hire,
and after receiving the stipulated price have sought
the first opportunity to escape, which they have in
some instances been permitted to do with the ac-
quiescence and encouragement Of officers, who
have been their partners In guilty speculaticn.-
Thus the same individual has been accepted Il
substitute for each Of several able bodied young
men, who have been left at home 10 seek for gain
aud enjoy comfort, while our enemies have gained
advantages on account of the weakness OF our
armies.
If we expect to be ccessfui in our struggle the
law must be SO changed as to place in service the
tens of thousands of young men who are now at
home. This would reinforce our armies SO as to
enable us to drive back the enemy upon every part
of our borders. After this change in the law the
GovernmentcOuld provide for the projection of
the most important interests at home, by making
proper details Of snch persons as are indispensa
the extension of the cOnscrpion act up to SO or 81,
as it would bring into the field young men able TO
endure service, IN place Of old men who must
soon fail when exposed To great fatigue and hard
ship, many of whom are as competent as young
men 10 overseer plantations and attend 10 other
home interests.
But II may be denied that the Government can
now so change the law as To make those who have
furnished substitutes liable TO service as il is
bound by its contract to exempt them, and they
have acquired vested rights under the contract
which il is not in the power of The Government to
dvest. Let US examine this for a moment. Lpur-
chase a lOI of land from the State OF Georgia. and
pay her one thousand dollars for 1t, and che con
veys il to me by grant under her great seal. ihe
contract is IA solemn and binding Is the Govern
ment can make il. My fee simple title is vested
and complete. But while l have the grant in my
pocket and the State has my money IN her treasu-
fy, is discovered that public necessity requires
the State To repOssess herself OF the land; refuse
TO sell to her; she may pay me just compensation
and take the land without my consent and she
violates no fundamental principle, AS all our pri
vate rights must yield TO the public GOOD; and if
wa are injured we can only require just comLen-
satiOn for the injury.
Again, suppose have l;bored hard ann made
upon my land surplus ofprOvisiOns which are my
own right aud property, and refuse to sell them
to the Government, when the army is in need of
them; II may take them without my c,msent and
pay me just compensation, and | have been de-
prived Of none OF my constitutional rights.
The right Of person who has employed sub
certainly stand upon no higher ground. The Gov
ernment has extended To snch persons the privilege
of exe emptiOn upon the employment of proper sub
sttuie but if the public safety requires ii the Go
Vernment certainly has rs much right tOrevOke tis
privilege il has to take from me my land, "r my
provisions, or other property, for public use and
all the person who employed the substitute could
demand would be just compensation for the injury.
The measure of damage might be the amount paid
by the principal for his substitute, less just pro
rata for the time the substitute has served, and
upOn the payment of the damage or the just COM
pensatiOn for IL, the Government would have the
right 10 retain the substitute well as the princi
ial in service, the substitute has been paid
by the principal tor the service, and the
principal has been compensated for the damage
done by him by ordering him into service. II
damages i'm such case, 10 take into the account the
interest the principal has in the success nf our
cause and the establishment Of our independence,
as necessary the perpeluty Of his liberties and
the security Of all his rights. 1t would also he
competent to inquire whether he has indeed sui
fered any pecuniary tnss. Ii he has paid three
thousand dollars for a substitute, and has been
kept out Ofthe army for that SUN for year, and
during that time he has made ten thousand dollars
more, by speculation or otherwise, than he would
have made had he been in the army, at eleven dob
lars Der month, the actual amount of eompensa
ton due from the Government, 10 him might be
very small indeed, if anything.
Believing that the public necessity requires II,
and entertaining no doubt that Congress possesses
the power To remedy the evil, without violating
vested rights, respectfully recommend ine pas
sage Of a joint resolution by this General As-em-
bly requesting Congress to repeal that part OF the
conscript act which authorizes the employment Of
substitutes; and, as conscription is the present
policy of the Government, To require all persons
able to do military duty, who have substitutes in
service to enter the military service of the Con
federacv with the least possible delay and to pro-
vide some Just rule Of compensation TO those who
may be injured by the enactment OF such law.
al,O re recommend that said resolution instruct our
Senators, and request our representatives in Con
sress. to vote for and urge the passage of this
measure at the earliest possible day.