Daily Democrat and news. [volume] (Davenport, Iowa) 1859-1864, 1863-07-28
TIE THREE HUNDRED DOLLAR
CLAUSE.
For What Time Tees the Pay.
ment Of $500 Exempt the
Drafted Man.-.Opinioa Of
Caleb Gushing.

Caleb Gushing, ex-Attorney General
Of the United States, has, on request,
given the suhjoined opinion on the fol-
loving decision Of the War Depart.
ment
"Any drafted person paying $500
is Therefore exempt from
further liability under that draft but
no, from any subsequent draft"
The opinion is as follows:
"As to the question, il 10 not plain 10
perceive why II was at this tune made
subject 81 instruction BY the Proves,
Mur,hai General, unless in the though
of indirectly cous,ralning drafted per
sons to procure ,ubsti,uies themselves,
instead OF paying Communication money
for substitutes inasmuch A. it cannot be
Determined as practical question,
either jud ,claliy or otherwise, until .
second draft under the present enroll.
ment shall have been ordered by the
President. Not until then will any &C
tual case arise. A determination OF
this po,sb future question is prems-
ture and in. ffectusl at this time.
but the supposed inducement ofthis
instruction, il 1t ,xi-ts, cantot be re-
| Carded as rule OF statute construction
appllcable 10 the ACT it's meaning 81
law - q be sscerlaned by legal con.
siderations.
II respond. then, that the payment OF
the coumutali n money has tho same
effect. So far as regards the pereonal 70
spoil slbiltties OF citiztn enrolled and
| 4 afted, and ascertaned TO be liable TO
military duty, as The furnish ny Il
sabsitute, namely, to discharge the par
" tor tho three yeas OF TINT draft.
'lhe act provides, tir,i, that the per
son duly drawn shall be notified o. the
same within ten days thereafter, by d
written or printed notice, to be served
p rs lDally or by leaving copy at the
place of res dence, requ ring them TO ap-
p a. at the designated rendezvous to re-
port Tor duty and secondly, 'thst any
Pc son drafted and notified to appear a.
aforesaid. may, on or before the day fix.
ed for hi. appearance, furnish an accept
able substitute to take his place in the
DRAFT: or he msy p y to such person ~
Ia, Secretary OF War may authorize to
!. gY"eh ann. not exceeding three
hundred doiiais, as the oecI.,s., u,
" ar may determine. for the procnraton
J OF such substitute, and there.
upon such person so furnishing the sub
silu'e or paying the money, shall be
discharged from further liability under
the draft (Sec. 49,
"lictc the object Of the payment of
the communication monev to the govern
ment Is expressly declared to be a pro-
cutation OF u substitute by tho govern
meDt.
Again, we find in the same section
that tho ac', in .eakIng Of the penalt,
Tor non Appearance at rendezvous on no
lice, has the words, presenting a sub.t-
TUE or paying the required sum there's
for
"llerc, also, the effect of the procure.
nent OF substitute by the party him
self, and that of the payment OF tn.
money with which to procure substi-
,ute, are declared in the same clause
aud in the same words in that claise,
to.w,t, that By either Of these means, the
party shall shall be discharged from
iarthor lab lily under the daft
"Wha,. CT, is tho import of thes,
words, discharged from farther liability
under the drait?' Do ,he.e word.
mean, that such person so Furnishing a
substitute or paying the money there
tor, shall be lhble TO be drawn repeat.
edly, and SUBJECT to tbs burden over
and over again Or that BY either OF
these things he has discharged his mil.
tary obligation under the act, and tina,
this obligation is now charged upon the
substitute procured BY himsefor Ly til.
COVER tpeut!
ION this point, the act, in anothe,
place, relieves Us Of all doubt for II de.
cla'e' that any person so enrolled ard
drafted, who shall furnish an Acceptable,
substitute, shall thercupon receive a cen.
thcate OF discharge from such draft,
winch shall exempt him from mli,an
duty during the time for which he wa
dr-ited. (>ec ~ That Ia to say, tn.
meaning of 'disc,,xrge from such DRAFT
Is exemp''oo from military du'y during
the me Tor which the patty was drafted.
10 he sure, the act does not 81,
that the person paying the commuta or
money shall receive a cert ficate OF dis
charge from snch draft nor did III.
act need to do this; for the receipt OF
the public officer receiving the commn-
t't'on money Is the appropriate docu-
mentary esi ence OF the party paying
to show that ho Is discharged f ON ,a,-
lher ability under such Or #, the effec,
OF which, the act says, is discharge iron
military duty during the term OF the
trait. A., however, the person fuInsh
ing q substitute would NOT haya =,