Year: 1863

10 he General Assembly Of the State Of Georgia.
:. That portion OF the conscript act which autho-
rlzes those within conscrpt age to employ substi-
tutes has, in my opinion, been productive of the
most unfortunate results If conscriptIon is right
or IL is to be acquiesced in matter of necessi-
ty 1t is certainly just that it act upon all alike
whether rich or poor With the substitution prin-
ciple in the act, its effects has been to compel the
poorer class, who have no money with which to en-
poy substitutes, to enter the army no matter what
may be the condition of their families at home while
the rich, who have money with which to employ
substitutes, have oftel escaped compulsory service
This is not just as between man and man. While
trust have shown that the poorest man in the
Conederacy has such interest at stake as should
stimulate him to endure any amount of hardship or
danger for the success of our cause, it cannot be
denied that the wealthy under as great obliga-
tiou to do service, they have in addition to the
rights and liberties of themselves and their children
large amount OF property to protect. If every
wealthy man would do his duty, and share his part
of the dangers of the war; but few complaints would
be heard from the poor. But if the money of the
rich is to continue to him from the hardshps
prlvations and dangers to which the poor are ex
posed, dlscontent, and more or less Generalization
In the army must be the inevitable result


He who has paid two or three Thousand dollars for
his substitute, has often made it back in single
month BY speculation, and it has not unfreuuently
happened that the families of those in service at
eleven dollars per month, have been the most un-
fortunate victims of his speculation and extortion


very large number of stout able bodied young
men, between eighteen and forty five years of age
are now out of the army, and in their places the
government has accepted old men over forty. five,
who have, in most cases, been unable to undergo
long marches, privation and fatigue. Thousands of


these have sunk by the way either into the hospitals
or into the grave 1t is also understood that much
the larger number of deserters and stragglers from
the armv have been substitutes, who have entered


it for hire and after receiving the stipulated price,
have sought the first opportunity to escape, which
they have in some instances been permitted to do,
wilh the acquescence and encouragement of officers,
who have been their partners in guilty speculation.
Thus the same, individual has been accepted as a
substitute for each ofsevera able bodied young men,.
who have been left at home to seek for gain and en-
Joy comfort, while our enemies have gained advan-
tages on account of the weakness of our armies.


IL we expect to be successful in our struggle the
law must be so changed as to place in service the
tens OF thousands OF young men, who are now at
home This would reinforce our armies so as to
enable us to drive back the enemy upon every part
of Cur borders. After this change in theiaw the
government could provide for the protecto:. of the
most important interest at home by making proper
details of such persons as are indspensably neces
sary. This would be much better than the exten-
sion of the conscription act up to fifty fifty five
as it would bring into the field young men able to
endure service, in place of old men who must soon
fail when exposed to great fatigue and hardship,
many of whom are as competent young men to
overseer plantations and attend to other home in
terests.


But it may be denied that the government can
now so change the law as to make those who have
furnished substitutes liable to SERVICE as it is bound
by its contract TO exempt them and they have
qured vested rights under the contract, which it is
not in the power of the government to divest Let
us examine this for q moment I purchase lot Of
land from the State of Georgia, and pay her one
thousand dollars for it. and she conveys it to me by
grant under her great seal The contract is as
solemn and binding as the government can make it.
MY fee simple title is vested and complete But
while have the grant in my pocket and the State
has my money in her treasury it is discovered that
the public necessity requires the State to repoSsess
herself of the land refuse to sell to her she may
pay the Just compensation, and take the land with
out my consent, and she violates no fundamental
principle, and all private rights must yield to
the public good and if We are injured we can only
REQUIRE Just compensation for the injury.


Again, suppose / have labored hard and made
Ypon my land surplus of provisions, which
are my own right and property, and 1 refuse
to sell them to the government, when the army Is
in need of them it may take them without my con-
sent aud pay me just compensation and have been
! depriged of none of my constitutional rights
| The right of o person who has employed sub
stitute to be exempted from military service GER
tainly stand upon no higher ground The govern
ment has extended to such persons the privilege of
exemption upon Tue euplOy uleuI vi pIOp0I
tute but if the public safety requires it the govern
ment certainly has as much right to to revoke this
t privilege as it has to take from me my land, or my
provisions or other property, for public use; and
| all the person who employed the substitute could
| demand would be just.compensation for the injury
| The measure of damage might be the amount paid
by the principal for his substitute, less just pro
rata for the time the substitute has served and up
on the payment Of the damage or the just compen


sation for it, the government would have the night
to retain the substitute, as well as the principal In
service as the substitute has been paid by the prn


cipa for the service and the principal has been com
| pensated for the damage done him by ordering him
! into service 1t would be competent however, in
estimating the damage in such case to take into the
account the interest the principal has in the success
of our cause and the establishment of our indepen-
dence, as necessary TO the perpetulty OF his liberties
and the security of all his rights 1t would also be


competent to inquire whether be has indeed suffer-


ed any 'pecunary loss. If he has paid three thous


and dollars for substitute and has been kept out
of the army for that sum for one year, and during
that time he has made ten thousand dollars more oy
speculation or otherwise than he would nave made


bad he been in the army, at eleven dollars per


month, the actual amount of compensation due from
the government to him might be very small indeed
| if anything.


Believing that the public necessity requires it and
entertaining no doubt that Congress possesses the
power to remedy the evil, without violating vested
| rights respectfully recommend the passage Of a
joint resolution by the General Assembly, request


ing Congress to repeal that part OF the conscrpt act
which authorises the employment of substitutes,
and as conscrpton is the present policy o: the gov
ernment TO require all persons able to do military
duty who have substitutes in the service, to enter
the military service of the CoDfederacy with the
least possible delay, and to provide some just rule
of compensation to those who may be injured by
the enactment of such law. e. l also recommend
that said resolution instruct Senators and Rep


resent&tives in Congress to vote for and urge the
passage of this measure at the earliest possible day"