Cleveland morning leader. [volume] (Cleveland [Ohio]) 1854-1865, 1863-07-27
MORNING GLEADER.
MONDAY RIORNTNG. July %. 1883.
The OonscriptiOn Law and Ils E1BOundsrs


The Conseription Law and It's E1BOunders.
Some of the constructions put upon the
Conscription law, by the War Department
through the Provost Marshal General and
other funetionaries, have been strangely
stringent and some Of them so manifestly
unnecessary as well as unjust, as 10 give
the captious enemies Of the Government
ground upon which to work in producing
dissatisfaction, and heaping Odiun upon
the law. II a man pays three hundred
dollars Communication, and the Government
with that sum employs a substitute, land
such communication is explicitly declared by
the law itself to be "for the proeuratiOH of
a substitute what justice is there in sub
jecting him, who thus pays his three hun
dred dollars, to another argtt, prior to the
expiration Of the three years for which a
substitute is employed? And yet this
harsh and severe construction is put upon
the law by the War Department. The au-
tborities we are sure are not demented, but
are they duly eonsiderate? They do not
want to make the law unpalatable in the
least, hated and hateful, but what are they
doing? It behooves them speedily to re-
wise their decisions and constructions, in
the spirit Of the greatest possible liberal
ity and justice towards those upon whom
fall, at the very best its onerOus exactiOns-
The New York Times has well-cOnsid-
cred article on this subject from which we
extract as follows:
0There are many oogent reasons why
the Conscription Act should be construed
Iiberallv. There is much that IS penal IN
its character and incidents. It plunges a
large portion Of The community into anxi-
etv and uncertainty before the names are
drawn, and after they are drawn it una
voidably inhicts Q large amount OF hard,
shin upon thousands Of worthy men, ana
wha. is. if possible, of more Importance
than these things, is that owing 10 Ine
magnitude Of the struggle which has caii-
e5 for it. it Is, in the eyes Of large por-
tion of the population, novel, and 1t may
be a vexstious law.
HAll this, however, should impress upon
the Government the necessity for tact and
discretion. and above all for liberallty IN
oonstruing it; and we must say that we
think in some ways the Provost Marshal
General is showing himself less attentive
To this consideration than is desirable
The decision, for instance, thst man Wht
presents himself for examination, believ
ing honestly that he is physically dlsquat
fled. shall. if his claim for exemption n
disallowed, be cut off from the privilege o
committing OF furnishing a substitute, wa
in every sense Of the word sharp prao
tice." and 60 sharp that we are glad to say
that it has been annulled.
aThere has been another decision re
Gently promulgated which is even less de
fensible and more impolitic than the fore
going. We have been grsyely informed
that the payment Of three hundred dollar
exempts the person who pays for 1t 70
this draft = and yet We are told IN IN,
same breath that the money thus received
is to be religiOusly applied by The GoVern
ment 10 the purchase Of substitutes 70 TAX
the places Of those who thus escape bu
if this is the case,-if when pays the e1
emption fee, the War Department uses IN
money in getting B to volunteer IN nj
stead, we should really like to know upol
what principle A is to oe required to Pa.
another three hundred dollars during tn
period for which the substitute is EN-
ployed with his money
"Poor men may we'll ask, and do ask
how it is that il the money is to be ezPend
ed in raising volunteers, it does not ex
empt those who pay it, in the same way
and for the same length Of time, as if the.
procured substitutes themselvesi and ol
being assured by the Provost Marshal tha
it Will not, they naturally conclude tina
the rich are simply paying high tax i
lieu Of service, while the fighting will a.
have to be done by drafts Of those VII
would pay it if they could, but could no
If they would. The recent decisions, i
fact, ought to be at once reviewed an
amended, and the whole law ought to b
enforced in its spirit, and not to the lette
even if the letter were as inconsequentl'
and vexatious as the Provost Marshal Ger
eral is trying to persuade US"