Green-Mountain freeman. [volume] (Montpelier, Vt.) 1844-1884, 1863-07-21
For the Freeman.
The Draft.
The Provost Marshal General decides as fo

The Provost Marshal General decides as fol-
lows:
Persons paying $500 are not exempt from fur
Their draft. Those furnishing substitutes are ex-
empt from the time the substitute is mustered in.
The drafted man cannot pay Communication or fur
nish substitute after reporting himself for ex-
animation.
Section '13, Of the conscrption law is as fol-
lows:
+" find lie Il further enacted, That any person
drafted and notified to appear as aforesaid, may
on or before the day fixed for his appearance, fur
nish an acceptable substitute to take his place IN
the draft or he may pay to such person as the
Secretary of War may authorize to receive IT, such
sum not exceeding three hundred dollars, as the
Secretary Of War may determine, t0r HE pro-
curation Of such substitute, which sum shall be
fixed at uniform rate by general order made
at the time of ordering draft for any state or
territory and thereupon such person SO luTnlsh-
| ing the substitute or paying The money shall De
discharged from further liabilities under thai draft,
etc."
We cannot but regard the decision of the Pro-
vost Marshal, above quoted, as quite erroneous,
because the liability under that draft" in either
case THAT is, Of one who furnishes substitute, or
one who pays the fixed sum of three hundred dol
lars lis service in the United States forces for the
term Of three years, unless sooner discharged II,
n either case, an individual is discharged from liza
bity to s9pe in the army for the term Of three
years. be cannot again be drafted within that time.
But again, sec. II Of the same law recites.
".4ad be IL further endclcd, That any person
enrolled and drafted according to the provision Of
this act, who shall furnish an acceptable substi-
tute, shall thereupon receive from the Board
of Enrolment certificate of discharge from such
draft, which shall exempt him from military duty
during the time for which be was drafted, and
such substitute shall be entitled to the sane pay
and allowances provided by law, as il he had been
originally drafted into the service Of the United
States"
The object Of this section is plainly to show how
proof OF exemption for three years is to be OBJ
tanned and not to save him only from another
draft for the term of three years, who personally
furnishes substitute. For by the terms of the
agreement between the Government and the in
divdual who pays the sum Of three hundred dol
lars for the express purpose Of The procEGttoH
of substitute :" a substitute, so far as the gooc
faith of the party paying, "a concerned, Is fur
nished to the army Of the United States Sup
pose, in the absence of person drafted, trienG
should furnish substitute would the Govern
ment bubble, and say that the person himself die
not furnish the substitute and that therefore
he was liable to another immediate draft VII
the Government say, having received sun
of money, and agreed to use it for a specific pur
pose, to wit the procuraIion Of Substitute &C
tiug like the friend in the case supposed sir, yo'
did not furnish substitute, and must be- subjtc
to draft within three years? We cannot con
ceive that good faith would be. so violated by tn,
Government, or that It would stoep to such hair
splitting constructions Of its contracts. We can
not agree with the Provost Marshal in his con
struction OF the law it is not in accordance witt
our notions OF fairness and sound Interpretation.
DRAFTED MAN.