Worcester daily spy. [volume] (Worcester [Mass.]) 1850-1888, 1863-07-14
TUESDAY, July IA, 1893.
Substitutes and the Communication.

Substitutes and the Communication.
We have been asked many questions rela-
tive to the provisions of the CONSUMPTION act
providing exemption ON payment Of three
hundred dollars procuring a substitute
The provisions in question, in the official pub
hcation of the law, read as follows -
SECT. -. And be 1t further enacted That
any person drafted and notified to appear as
aforesaid, may, on or before the day fixed for
his appearance, furnish an acceptable substl-
tute to take his place in the draft; or he may
pay to such person as the secretary OF war
may authorize TO receive il, such sum, not eA-
ceeding three hundred dollars as the secre-
tary may determine, for the procuratlon OF
sucn substitute which sum shall be fixed at Il
uniform rate by general order made at the
time OF ordering draft for any state or terri
tory and thereupon such person so furnish
ing the substitute or paying the money, shall
be discharged from further liability under
that draft. And any person failing to report
after due service of notice as herein pre-
scrbed, without furnishing a substitute, or
paying the required sum therefor, shall be
deemed a deserter, and shall be arrested by
the provost marshal, and sent to the nearest
military post for trial by court martial, un-
less, upon proper showing that he is not liable
" w hlilttNlg hubg lliN boalh Vi ShipiiiNiAN
shall relieve him from the draft.
SECT, II. And be it further enacted, That
any person enrolled and drafted according to
the provisions of this act, who shall furnish an
acceptable substitute, shall thereupon receive
from the board Of enrolment a certificate OF
discharge from such draft, which shall exempt
him from military duty during the time for
which he was drafted and such substitute
shall be entitled to the same pay and allow
ances provided by law as if he had been orig
iDally drafted into the service OF the United
States.
1t is clear enough that tie drafted man who
procufes a substitute is exempt during the
time for which he is drafted. A doubt is eX-
pressed whether he who pays the $500 is ex-
empt to the same extent. This doubt is oc-
casioned by the circumstance that only the
procuring OF a substitute is mentioned in the
18th section, where exemption during the
time for which man is drafted is distinctly
and fully expressed. This doubt may ind-
cate the true construction OF the law; but it
is argued and not without reason, that the
law considers the payment OF $500 equivalent
to furnishing substitute; for, in the 18th
section, the law says this money is paid and
accepted for the procuration of such subst-
tute." OF course, any question that may be
raised in regard to this matter must be decided
at the war department.; and the provost mar
shals can not know what the decision is until
they receive it in official form.
That part of the law which relates to ex-
emption on the payment of $500 is merely
provision by which supervision of the bust
ness of procuring substitutes is placed in the
hands of the government. Those who have
the means could, in any case, procure substi-
tutes, should they prefer to do so. But,
when the business of furnishing substitutes is
shameless speculation. The substitutes get
only part, and frequently but a small part,
of the money paid the broker. 1t is much
better to have the matter in the hands of the
government; much better fer the substitutes,
in most cases, certainly, and in no respect
worse for others. As the payment Of the
money is ''for the procuration of such substi-
tute" as the law requires, it seems reasonable
to argue that such payment is in all respects
equivalent to furnishing a substitute; but the
10TH OF expression III Iile tIn SeCllOu leaves
room to doubt how this point may be con-
strued. The question in regard to the matter
will of course be definitely settled.
1t may not be amiss to recall attention to
the fact that the drafted man who goes, and
also each substitute that may be procured.
will receive the national bounty and the ad-
vance pay heretofore provided for volunteers.
They are placed on the same footing as the
volunteers. They are also allowed travelling
expenses to the place of rendezvous. The
law says expressly that drafted men who go
''shall be placed on the same footing in all re-
spects as volunteers for three years, or during
the war, including advance pay and bounty,
as now provided by law;" and the 18th Sec
ton, printed above, shows that the substitute
also will have the same perquisites and privi-
leges. We presume, also, that the same state
aid will be given to the families of drafted
meu who enter the service, as has been pro-
vided for the volunteers.