| The Draft Riot In New York City 1863 Part II:
Bounties/ Substitutes
BOUNTY-MONEY, REWARD, paid to men to induce them to join
the Army .
Bounty Jumpers Soldiers who enlisted in the
Federal Army in the United States in 1865 to get the
$1500 Bonus paid for volunteers, the more unscrupulous
in the group deserted soon afterward and reenlisted from
one state to another, also towns etc. under another name
and collected again and
again.
2 From house to house,
enrollers in the spring of '63 took the names of men and
boys fit for the army. Also anyone having $300 cash, and
willing to pay it as "bounty" to a substitute, was
exempt and could stay at home .
Now he came to the one bitter sore spot that had raised
up violence and devices of evasion, the $300 clause by
which the men having that amount of money could escape
military service. On this Lincoln reasoned:
"Much complaint is made of that provision of the
conscription law which allows a drafted man to
substitute three hundred dollars for himself; while as I
believe, none is made of that provision which allows him
to substitute another man for himself. Nor is the three
hundred dollar provision objected to for
unconstitutionality; but for inequality, for favoring
the rich against the poor. The substitution of men is
the provision, if any, which favors the rich to the
exclusion of the poor. But this, being a provision in
accordance with an old and well-known practice in the
raising of armies, is not objected to. There would have
been great objection if that provision had been omitted.
And yet, being in, the money provision really modifies
the inequality which the other introduces. It allows men
to escape the service who are too poor to escape but for
it.
Without the money provision, competition among the more
wealthy might, and probably would, raise the price of
substitutes above three hundred dollars, thus leaving
the man who could raise only three hundred dollars no
escape from personal service. True, by the law as it is,
the man who cannot raise so much as three hundred
dollars, nor obtain a personal substitute for less,
cannot escape; but he can come quite as near escaping as
he could if the money provision were not in the law.
"To put it another way: is an unobjectionable law which
allows only the man to escape who can pay a thousand
dollars made objectionable by adding a provision that
anyone may escape who can pay the smaller sum of three
hundred dollars? This is the exact difference at this
point between the present law and all former draft laws.
It is true that by this law a somewhat larger number
will escape than could under a law allowing personal
substitutes only; but each additional man thus escaping
will be a poorer man than could have escaped by the law
in the other form.
"The money provision enlarges the class of exempts from
actual service simply by admitting poorer men into it.
How then can the money provision be a wrong to the poor
man? The inequality complained of pertains in greater
degree to the substitution of men, and is really
modified and lessened by the money provision.
"The inequality could only be perfectly cured by
sweeping both provisions away. This, being a great
innovation, would probably leave the law more
distasteful than it now is. "The principle of the draft,
which simply is involuntary or enforced service, is not
new. It has been practiced in all ages of the world. It
was well-known to the framers of our Constitution as one
of the modes of raising armies, at the time they placed
in that instrument the provision that "the Congress
shall have power to raise and support armies." It had
been used just before in establishing our independence,
and it was also used under the Constitution in 1812.
Wherein is the peculiar hardship now? Shall we shrink
from the necessary means to maintain our free
government, which our grandfathers employed to establish
it, and our own fathers have already employed once to
maintain it" Are we degenerate? Has the manhood of our
race run out?"
The draft proceeded,. But how? Tammany, Tweed, A. Oakey
Hall, Fernando Wood and his brother Ben, J.P. Morgan,
the World, the Express, the Day Book, the Mercury, many
scurrying politicians, examining physicians, and fixers,
lawyers, did their work. Upward of $5,000,000 was
appropriated by the municipality of New York for
draft-evasion purposes. According to the "infallible"
record which Lincoln had mentioned to Seymour, of
292,441 men whose names were drawn from the wheels
39,877 failed to report for examination. Of the
remaining 252,564, for good or bad reasons 164,394 were
exempted. This left 88,170 available for duty, of whom
52,288 bought exemption at $300 apiece, which yielded
the Government $15,666,400. The original 292,441 names
were thus cut down to 35,882 men, of whom 26,002 hired
substitutes to go to war for them. This left 9,880 who
lacked political pull or seemed to want to join the army
and fight.
Among generals it was commented that the substitutes,
bounty men, human material pressed into service by the
enrolling officers, were not as good soldier stuff as
the earlier recruits of the war. Its Boston
correspondent reported sharp practices by substitute
brokers and professional enlisters:
"Cripples have been passed off as sound, false teeth
have been palmed off on credulous examining physicians
as of nature's own dentistry. The other day a New
Yorker, who will probably be discharged and enlist
again, and who is over sixty years of age, was doctored
up with rice-water bandages, paints, hair-dye, a
four-dollar wig, and some stimulants, so that he could
manifest the greatest agility and did not appear of
thirty." Newspapers again carried sections of classified
advertising calling for substitutes. Two of twelve
similar want ads in the New York Herald of October 29
read: "Three hundred and fifty dollars cash in hand paid
for substitutes. $350. Call at 74 Cortland St. upstairs
near West St. Barker and Spencer. $425. Substitutes
wanted this day, for the country. The highest cash
bounty
in the city will be paid down. Call early on Captain
Flanagan room 22 Tammany Hall, opposite City Hall...
Now the matter of conscription was one wherein Congress
had kept to itself certain very strict powers. The
President could be a dictator in enforcement of the
draft law, bust as to what that law provided--whether
the commutation should be $300, $500, $1,000, or whether
no man could buy exemption with money--Congress held the
powers and the President was no dictator at all. He was
limited to advising Congress what the draft law should
say. And so, Executive Document No. 97 went to Congress.
The first item in this document had the signature of
Abraham Lincoln, the date of June 8, 1864, the address "
To the Senate and House of Representatives," and the
text: "I have the honor to submit for the consideration
of Congress a letter and enclosure from the Secretary of
War,
with my concurrence in the recommendation therein made."
The letter enclosed, signed by Stanton and addressed "To
the President," recommended "a repeal of the clause in
the enrollment act commonly known as the $300 clause."
Any drafted man could hire an able-bodied substitute, at
a price arranged between himself and the substitute, a
current market figure in the substitute market which had
become wide and flourishing. Both the $300 bounty clause
and the substitute clause would be struck out by the
Schenck bill. To repeal the $300 clause and let the
substitute clause stand would run the price of
substitutes up beyond the reach of drafted men of
limited means. "The truth is," said Congressman Schenck,
"that so far as the $300 clause operates, it operates to
the protection of men of limited means, and therefore I
say that if you repeal it and go no further you leave
them a right to complain that you run up substitutes in
the market so as to make it impossible, for them to
obtain substitutes and compel them to go.
And in place of the $300 clause which was absolutely
repealed, a House and Senate conference bill, the act of
July 4, 1864, provided that the President had authority
to call for volunteers for one, two, or three years, the
one-year men to be paid $100 bounty, the two-year men
$200, the three-year men $300, each receiving the final
one-third installment of his bounty on completion of
service.
With the $300 clause done away with, any man drafted
must either go into the army himself or pay someone else
to go for him. Such a substitute had to be either an
alien, a veteran of two years' service, or a boy under
twenty. Hustlers in the business of finding substitutes
and selling them to those who wished to buy-- hustlers
came forward. "Wanted. Irishmen, Englishmen, Scotchmen,
Germans, Frenchmen, to enlist as volunteers." Thus one
amid columns of similar ads, paid for at regular rates,
in the New York Herald.
"Who wants a one-year substitute for eight hundred
dollars?" Thus another also paid for at regular rates.
"Forty-one were furnished by us on Monday," ran another.
"Thirty-four more are wanted at the same price, nine
hundred and fifty dollars each." Only four days after
the President's proclamation one New York Herald ad made
the appeal: "It is clearly to the interest of every man
liable to military duty to procure an alien substitute
at once and save dollars, cents and worry. The price of
substitutes will soon reach $1,200, because of the great
bounties that will be offered by cities, towns and
States."
Prices for substitutes were boosted so high
that a Supervisors' Committee in New York City publicly
took steps to help those who desired at a low and
reasonable rate to make their purchases. By entering
their names in a book and paying $335 the committee
would serve them, the $300 being for the substitute, the
$35 for the person bringing the substitute. In
Philadelphia, the Citizens' Volunteer Substitute
Committee opened an exchange, received applications from
those seeking substitutes, urged aliens and veterans to
enlist as substitutes, offered $650 over and above the
government bounty and charged no commission nor
brokerage.
Six hundred dollars cash paid for substitutes," ran one
of many ads in newspapers of Cincinnati, where on August
20 prices went to $1,200 and $1,500 for substitutes.
The draft marched on. But not in the one large city most
hostile to Lincoln, not where draft and race riots the
year before had for three days overthrown the
Government, not in New York City. Harper's Weekly put it
briefly: "The War Department has credited New York City
with 18,448 men enlisted in the navy from April 15,
1861, to February 24,1864. There was a surplus over the
last draft of 1,137. This surplus, together amounts to
22,010. The quota of the city is 23,124, leaving a
balance in favor of the Government of 1,114 men. There
will therefore be no
draft in this city." In other words, if a boy from Ohio
or Iowa became a gunner or seaman on a warship, the
enlistment was credited to the quota of New York City if
that was where he signed the papers.
"The large sums offered in some places in the
competition for men have demoralized many of the people,
and the most atrocious frauds connected with the system
have become common. The men of some of the poorer
counties have been nearly exhausted by their volunteers
being credited to richer counties which paid higher
bounties. Of the number of men to whom bounties have
been paid, it is believed that not one-fourth have been
actually placed in the ranks of the army, and even those
who have joined it have probably not, on an average,
received for their own use one-half of the bounty paid
for them." One decision of the State supreme court had
held the draft law unconstitutional. Then a changed
court had reversed the decision.
When a Pennsylvania boy in a poor county enlisted as a
substitute, taking the bounty paid him by a man in a
rich county, the boy was credited as from the rich
county. And the poor county to maintain its quota had to
dig up someone else for the army.
(End of Article) |