Year: 1863

We announced in our paper of Monday last,
on the authority Of correspondent of the New
York Times that the Secretary Of War was under
stood to have decided that the section in the con-
scription act auth ,rizing drafted persons to be
exempted from service payment of a sum not
exceeding three hundred dollars !" is permissive,
not mandatory" so far as he is concerned that it
is optional with him to accept the money and find
q substitute, or to do neither; that conse quently
the clause in question will be simply dead letter.


We did not give much heed to this announce
ment for two reasons Firstly, because we felt
sured that the Secretary of War, in coming to
conclusion point 50 interesting and important,
would have announced the result Of his debera.
tions in a more authentic form than that which it
received from an unauthorized despatch from this
city to Northern Journal; and, secondly, the con-
struction and Interpretation alleged to have been
given to the act of Congress under this head we're
SO plainly untenable that we did not think it worth
while to treat with seriousness the question raised
by the rumor. The law on this point is not open
to doubt or cavil. 1t reads as follows:


"Sec. l3. And be further enacted, That any person





fore the day fixed for his appearances furnish accepa-
BILE substitute to take his place the draft he may pay
to such person the Secretary of War authorize to
receive it such not exceeding three hundred dollars
the Secretary of War may determine for the procua


on Of such substitute ohich shall be fired at uni
form rate by general order made at the time Of ordering
draft from any State Territory; and hereupon such
person so furnishing the substitute paying the money
shall be discharged from further liability to that dfaf and
any person failing to report after due Of notice
as herein prescribed, without furnishing substitute
aUInnf fha rad shaH ha daam Ha.
erer and shall be arrested by the provost marshal aud
sent to the nearest military post for trial by cou martial
unless upon proper showing that he is not liable to do
military duty, the board of enrolment shall relieve him
from the draft"


Nothing could be clearer than that the Secretary
State or Territory" is required to fix, by gene
raj order, such sum, not exceeding three hundred
dollars, as may be determined for the procuration
of substitutes, and that the person drafted who
procures substitute, or pays the sum 50
fixed, "shall be discharged from further liability
to that draft"


We are aware that this feature of the law has
encountered objections of a partisan, not to say
demagogical nature, founded on the assumption
that it recognises makes odious distinction
between the rich and the poor, by laying upon the
one an impost of money and on the other an i'm
post of blood. The New York Commercial Ad-
vertiser, an Administration journal, in referring
to the rumor of Mr.. Stanton's ruling under this
head, holds the following language


De hull world turas scuses," observed the sage
to his half angry partner and feels dspo.ed
make exception of the War Department at Washing
ton. Secretary Stanton has found his 'scuse ia the
fact that particular bureau has not been created by
Congress to attend 10 tha insignificant aud temporary
duty 1t is not denied that he engage and discharge
clerks ad HJum that his present staff OCCASION
ally handle public money, that there sufficient caps
city and honesty in the country to furnish the kind If
assistance which that petty service may, require.


1--WE opne that the whole trouble arises with the


copperhead leaders, who also in search Of scuses'
for belabOrng the Administration. In the act fixing
uniform sum not exceeding three hundred dollars the
price of exemptions they thought they had discovered
excellent handle against The late Congress and the party
in power so they determined to it for that purpose
Mr. Stanton's system has, fear been
what affected by those Cemons and he has ii
to credit the account made up bis mind to discard the
section altogether As public servant however it is
evidently out of his power to do and yet conform to
the law"


Before ascribiDg to the Secretary such bypo-
thetcal timidity, not to say recreancy, our con-
temporary, we think, should have been more sure
of its facts And we venture to suggest that it
would require great deal more courage to give
such construction to the enactment, in plain
violation Of it's terms, than simply to enforce the
law as the Executive branch of the Government
has received it at the hands Of Congress, even
though it were open to such objections as are in-
stanced.