Year: 1863

Il
Our contemporaries in oil the Loyal States are
pusy engaged in discussing the provisions of the
ENROLMENT Law, and the regulations established
uEder it by the Provost Marshal General. This
subject naturally comes very nearly home to the
business and bosoms Of the community; as, what
ever construction may be placed upon its terms,
the execution Of the act necessarily brings with it
much personal inconvenience to those who ale sub
jected to its operation.


In the case Of law at once so novel, and, in its
practical working, vexatious 10 many citizens, it
was to be expected that the Government would
encounter s,me embarrAssments from the difficulty
Of 50 adjusting its prescriptions as to secure the
end designed by its trainers, and at the same time
iaAict the least possible hardships on the people.
But we did not expect the civil authorities would
encounter the riotous hostility which has been
developed by the enforcement of this law.
The decisions recently promulgated by the Pro-
vost Marshal General in modification of his ORR
ginal Instructions or in addition to them, serve to
show that the construction and Interpretation Of
the statute had not been very maturely studied or
digested before proceeding to its execution. This
is to be much regretted, it always is important
in such matters to "begin right" and thus avoid
the hesitations and back-steps WHICH produce un-
certainty, if they do not inspire distrust


The public sense Of justice was shocked by the
announcement some days ago that drafted man
who might present himself for examination, be-
lievng honestly that he was physically disqualified,
would, if his claim for exemption were disallowed
DO cut off from the privilcgeof of committing or fur
| nishing substitute. This decision has been sub
sequently annulled under the more liberal con-
struction given to the law by Mr. Solicitor
WHITING, of the War Department.


There still remains another point as to which the
present regulation of the Provost Marshal General
does not carry with it convincing proof Of sound
ness and propriety. We allude to the prescription
that the drafted man who pays three hundred dol
lars for the procuration of a substitute" is not
released for the term Of service covered by the
draft under which he was "conscripted," but,
within that period, is liable to be re-drafted The
provision of the law this subject is as follows


"Sec. Is. And be further enacted. That any person
drafted and notified to appear aforesaid. may. be-
fore the day fixed for his appearance furnish
Bile substu to take his place in the draft he may pay
to such person the Secretary Of War may authorize
receUe such not trceeding three hundred dollars
The Secretary Of Var may determine FOR THE PRocU-
RATION OF SUCH SUBSTITUTE, srhch shall be fired


uniform rss By general order made at The time Of order
ing a draft from any State TERRITORY; and fhereuyon
snch person Furnishing the substitute PAYING THE
| MONEY SHALL BE DISCHARGED FURTHER LIABIL-
TTY DRAFT; and any person failing 10 report
after due service Of notice herein prescribed without
furnishing substitute paying the required sum there


r shall be deemed deserer and shall be arrested by
Tor trial by court martial unless proper showing that
he not liable to do military duty the board of enroll
ment shall relieve him from the draft"


Under the existing regulations of the Provost
Marshal General it is ruled that drafted person
who prooures = substitute is exempted for the
| term Of the draft, while the drafted person who
pays TO the Government three hundred dollars
"for the procuration Of substitute" is liable to
| be drafted again within that period There is
nothing in the terms of the foregoing section
which, SO far as we perceive justfes this dis
elimination Nor do we understand that it is
necessarily established by the provisions Of the
.7th section, which expressly declares


"That any person enrolled and dr,ted according to the
provisions M this act who shall furnish acceptable sub
sttuie shall thereLpon receive from the board of enroll
m-nt certificate OF discharge from such da ,chch shall
erempt him from military duty during The time for ,ohci
he aed and such substitute shall be entitled +.
the pay and allowances provided by law as if he had
been originally drafted into the service Of the United
| States"


| But it may be admitted, perhaps, that the ex.
preston Of this right 10 favor Of those who procure
substitutes, and its emission as regards those who
pay the communication money, cr ate presumption
in support of tho construction adopted by the Pro
vost Marshal General Yet this is evidently moi
a case where the maxim erpyessio unins est er
oiusio olterias can be held to apply with any Ger
t1inty The remarks of the New York Times on
this topic seem to US at least practically judicious
That journal says:


I'VE have been gravely informed that the payment !,


three hundred d"llnrs exempts the person who ays il
that the money thus received is to be applied
by the Government 10 the purchase Of substitutes 10 take
the places Of those who thus escape But if his the
caseif when pays the exemption es the War Depart
ment the money in getting to volunteer Ia his
stead should really like to know upon what pr ncpe
is to be called upon to pay another three hudr, dol


lars in second draft when may be actually serving in


the ranks, may have been killed or wounded on the
field ii the money, in short 10 spent in procuring cub.
tttues for those who pay IT, they both 10 Justice aud
common sense exempt for the period for which they
would have served had they not paid it There s no other


Interpretation Of the ststue which not the she rest alb
| surdity.


How impolic. too, this mode Of constituting the law