North Branch democrat. [volume] (Tunkhannock, Pa.) 1854-1867, 1863-10-21

The S3OO Clause I'm the Conscription Act,
FALLS, Oct. 18th, 1863.
FRIEND SICKLER:
Will you inform me and
others in like situation, through the columns
OF the Democrat, whether the payment of
the $5OO, exemption money, by drafted
man, Will save him from future liability for
three years-the term for which he is draft
ed The question to many of US who can
barely raise that amount of money. and who
have families dependent upon us for support
is an important one; and to no one, more so
than your friend and subscriber
s-era A SOUND -CoNscRIPT. @
We would cheerfully answer the question
asked in the above note, we could do SO
with any assurance that our answer would
prove correct, but we confess we cannot
We will, however, give the writer, and 9TH
ers in like situation, the benefit of all We
know or have heard upon the subject,
Provost Marshal General James Fry, in a
circular which purports to be an authorota-
tire opinion from the war Department al
Washington, dated July 18th 1863 says:
ANY drafted person paying $500 under
section 18th of the enrolment act, is thereby
exempt from further liability under that
draft, but not from any subsequent draft"
We understand it to be the opinion of Ca
leb Gushing, one of the most eminent law
yers of the country, as we think it is, of nine
out of every ten of all others, that the plain
meaning, spirit, and intention of the words
in the act, allowing the payment of the $500
as communication for personal service, is anf
was, that it should operate as an exemption,
in favor Of the person paying it, for the full
term Of three years. for which the draft was
made. This We also understand TO be the
opinion of Thadeus Stevens leading MEM
Der of the Republican party, one who helped
in Congress to pass the act.
The question Of course has not been Judi
cialy settled, unless the powers that be-"
treat the mere dictum of Provost Marshal
General Fry as the ultimate decision on the
subject. II is not impossible that they will
50 treat it. When we reflect that mere
proclamations by the great Tycoon at Wash
ington, are given all the force and effect of
law-that by single dash of his pen, he has
" suspended" set aside, annulled the great
writ of hobeas corpus-a writ by which
person in a second draft, and who alledg-
ed that he was illegally and uDjustly detain-
ed or imprisoned, might on application to
the judges Of the laws of the land. have the
question settled. When we reflect that all
this has been done that the mort sacred
rights of the citizen have been and are con-
stautly violated by this great Tycoon, and
his shoulder strapped sa;raps and minions,
we have but little to hope or expect from
them. II this question is ever judicidity de-
cided, it will be, not because those interested
have the right to have it decided but be-
cause the caprice CT magnanimity of our
rulers loW 1t SO to be.
What we have said, or can say, to our
friend, the conseript, will leave him as much
in doub, as before. He may, even after pay
ing his hard earned $500, and deprvng his
family of the comforts aud protection it
would afford them, be obliged to pay it over
and over again, or Oh failure so to do, be
forced to leave them to the lot aud fate of
the soldiers widow and orphans. But this
is only one of the beauties of the conscrip-
tion act, which to speak of, as harsh or un-
just, ofends the loyal ears Of the shod-
dy aristocracy."