Rebellion Record: a Diary of American Events: Documents and Narratives, Volume 10.
Frank Moore, Ed.

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[57] any time assumed the rights of a citizen by voting at any election held under authority of the laws of any State or Territory, or of the United States, or who had held any office under such laws, or any of them. That all claims to exemption should be verified by the oath or affirmation of the party claiming exemption. That if any person, drafted and liable to render military service, should procure a decision of the board of enrolment in his favor upon a claim to exemption by any fraud or false representation practised by himself or by his procurement, such decision or exemption should be of no effect. That any person who should procure, or attempt to procure, a false report from the surgeon of tile board of enrolment concerning the physical condition of any person drafted and liable to render service, or a decision in favor of such person upon a claim to exemption, knowing the same to be false, should, upon conviction, be punished by imprisonment. That the fees of agents and attorneys for making out and causing to be executed any papers in support of a claim for exemption from draft, or for any services that might be rendered to the claimant, should not, in any case, exceed five dollars. That no member of the board of enrolment, and no surgeon detailed or employed to assist the board of enrolment, and no clerk, assistant, or employee of any provost-marshal or board of enrolment should directly or indirectly be engaged. in procuring or attempting to procure substitutes for persons drafted, or liable to be drafted into the military service. That any surgeon charged with the duty of inspection, who should receive from any person any money or other valuable thing, for making an imperfect inspection, or a false or incorrect report, and each member of the board of enrolment who should wilfully agree to the discharge from service of any drafted person who was not legally and properly entitled to such discharge, should be tried by a court-martial, and, on conviction, be punished by a fine of not less than three hundred dollars, and not more than ten thousand dollars, should be imprisoned at the discretion of the court, and be cashiered and dismissed the service. That nothing contained in the act should be so construed as to prevent or prohibit the enlistment of men in the States in rebellion under the orders of the War Department.

On the seventh, the Senate, on motion of Mr. Wilson, proceeded to the consideration of the bill, and several amendments reported by the Military Committee were agreed to. A new section, moved by Mr. Grimes, exempting from draft pilots, engineers, and masters-at-arms in the naval service, was adopted. On the eighth, the Senate resumed the consideration of the bill, the pending question being the amendment reported by the Military Committee to repeal the commutation clause of three hundred dollars. Mr. Sumner moved to strike out all after the enacting clause of the amendment and insert: “That no drafted person shall be allowed to furnish a substitute, but he shall be discharged from the draft on paying to such officer as the Secretary of War may authorize to receive the same, the full sum of three hundred dollars. And provided further, That every such person thus discharged shall pay, in addition to the said sum of three hundred dollars, a certain proportion in the nature of a tithe of his annual gains, profits, or income, whether derived from any kind of property, dividends, salary, or from any profession, trade, or employment whatever, according to the following rates, to wit: on all income over six hundred dollars, and not over two thousand dollars, ten per cent; over two thousand dollars, and not over five thousand dollars, twenty per cent; and on all income over five thousand, thirty per cent.” Mr. Clark, Mr. Collamer, Mr. Wilson, and Mr. Cowan opposed the repeal of the three hundred dollar commutation clause, and Mr. Lane, of Indiana, advocated its repeal.

On the twelfth, the Senate resumed the consideration of the bill. Mr. Sumner proposed to modify his amendment so as to allow a drafted man to furnish a substitute, and to provide that the commutation money be used at the discretion of the Secretary of War to promote enlistments, or for the benefit of enlisted men. After debate, the vote was taken on Mr. Sumner's amendment to the amendment, and it was rejected — yeas, fifteen; nays, twenty-five. Mr. Wilson then moved to strike out all after the enacting clause of the amendment repealing the three hundred dollar commutation provision, and inserting: “That any person enrolled and drafted may pay to such person as the Secretary of War may designate to receive it, three hundred dollars for the procurement of a substitute, and such person so paying three hundred dollars for the procurement of a substitute, shall be exempt from draft until such time as he shall again become liable to draft by reason of the exhaustion of the enrolment from which the draft shall be made; but such exemption shall not exceed the time for which such person shall have been drafted.” The debate was further continued by Mr. Howe, Mr. Wilson, Mr. Grimes, Mr. Fessenden, Mr. Johnson, and Mr. Lane, of Kansas.

On the fourteenth, the debate was resumed, and the amendment to the amendment moved by Mr. Wilson having been withdrawn, the vote was taken on the amendment to repeal the commutation clause, and it was rejected — yeas, twelve; nays, twenty-eight. Mr. Sherman moved to amend by adding as a new section: “That any person enrolled and drafted into the military service of the United States, may furnish an acceptable substitute, subject to such rules and regulations as may be prescribed by the Secretary of War. That if such substitute is not liable to draft, the person furnishing him shall be exempt from draft during the time for which such substitute is not liable to draft, not exceeding the term for which he was drafted; and if such substitute is liable to draft, the name of the person furnishing him shall again be placed on the roll, and shall be liable to draft on future calls. And any person now in the military or ”