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The Exemption Clause

The Exemption Clause image
Parent Issue
Day
7
Month
August
Year
1863
Copyright
Public Domain
OCR Text

From the Hartford Courant, rp. Mucn misunderstanding prevaus with referenco to the exemption clause of the conscription act. Doubts and misgivings on the subject hare been not a little aggr.ivated by the arbitrary decisions of Provost Marshul Gaaeral Fry. One of the first requisities of oorntitutional liberty requires that the lavr-iuaking power shall reside íd the Legiilature, and the law interpreting power in the judiciary. Any deviation from the established, principie ia dangerous nd should bo watohcd with care. Several of Colonel Pry's decisions have been direotly in the teeth of the staute, and for manifest surdity have been overruled already. The work of revisión should go on till all the regulations ia regard to the draft are made to conform to law and common sense. Col. Fry has officially announced that if a conscript furnishes an acceptable substitute he will bo freed from military service for the whole period covered by the draft. On the contrary the pnymeut of the three hundred dollars only releases the conscript from the present draft. Is there any just ground for the distinctiou ? No one who attentively examines the spirit of the law can hesitate a moment to decide in the negative. The $300 reccived of the drafted man in lieu )f personal service, is not intended to rejlenish the national treasury. The mon;y is to bo used by the government in jrocuring substitutes for those who pay t. Whether he does the business for jimself, or the government for him, tho result is precisely the same. The conscript is representad on the field ín both jases. Indeed, the probabilities are that the work wiH be much more skillfully managed by the public authorities, than by individuals. Tha anxiety of the conscript is limited to bis own liability.- The only animating motive, nine times out of ten, is to procure some one, without reference to capacity or fitness, to fill bis place. If the candidate can slip through the fingers of the surgeon, that is enougb. It matters not if he 13 sent to the hospital two weeks afterward, and proves thoroughly worthless. The express conditions of the statutc have been met, and the conscript is delivered frora further trouble for three year3 to come. The government, bowever, is interested to procure the best men. It bas been decided that the pnyment of an extra bounty of three hundred dollars will cnable it to secure by enlistment a sufficient number of volunteers possessing all the requisite qualificatious. Why, then, impose on the conscript who bas paid big exemption, a hardship not imposed on tho conscript who is represented, perhaps, by a very inferior subject of bis own selection? Is there justice or reason in such discrimination ? Moreover, the decisión of the Provost Marshal General givua coloring to a widely prevalent popultr error, wbich has contributed, more thaa all else to bring odium upon the la,W. It is bclieved by many that the revenuo drived undcr the exemption clause is tobe employed in defraying the expenses of the war, and that the draft must continuo till sufiicient mimbers are found who are too poor to avail theruselves of tbis provisión. Were it universnlly understood that every three hundred dollars represents a volunteer, and is to be religiously used for securmg the enhstruent of volunteors, three-fourthsof the bitter hatred of the present conscription act would disnppear at once. Again, an inherent sense of justice detnands the conátruotion we advocate. Rhould more troop unfortunately be required, kt the draft continue from the last stopping-place till the first class are exhausted. No fairminded person desires that his fellowcitizen should be exposed to thehardship of paying six or nine hundred dollar while he himself has the chance of escaping untouched. In some instances the draft has taken every niember of a family liable to duty, while othcr familie have escaped altogether. If the first have complied with the requirements of tlie law by the payment of the exeinption, are they, one or six months henee, to be reduced to an even chance with those who have not contributed a penny? The question answers itself. The voice of the community, too, will sustain the voice of justice. We are happy to learn that Mr. Bolles, U. S. Collector for this district, is givinr; receipts to those who pay 8300, which clear tliem from all future liability undcr the present law. We have no doubt this will be the caseunivjrsally.

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Subjects
Old News
Michigan Argus