Paying to Avoid the Civil War Draft

While some men willingly joined the Union Army during the Civil War, many only served when the draft compelled them to do so. Some men were able to buy their way out of serving in the Union Army, even when drafted, by paying $300.

Legally Skirting the Civil War Draft

In 1863, an act of Congress required that all able-bodied males between the ages of twenty and forty-five, on 1 July, who were either citizens or had declared their intention to become citizens, were liable for military service to fight on behalf of the Union. Exemptions included those who were not mentally or physically fit, those who had committed felonies, and various exemptions for those who were solely responsible for taking care of aged parents or young children (widowers, only sons, etc.).¹

The enrollment act of 1863 stated that 150% of the needed men were to be drafted, as some would not qualify and some could pay a fee to avoid serving. The first group to be drafted would include those between the ages of twenty and thirty-five plus unmarried men over thirty-five but less than forty-five.² The second group included all others eligible for the draft but would only be called upon after the first group. The Enrollment Act of 1864 repealed the separation of the two groups and all were to be drafted together.³ The 1864 Enrollment Act also stated that the number of people serving in the military should be proportional to the number of eligible men in each geographical area. Towns were given credit for volunteers against their quota and towns with more volunteers needed a lower percentage of their eligible men drafted.⁴

Those who were drafted, could avoid military service by either finding a substitute, whom they often paid, or by paying a $300 commutation.⁵ Commutation means replacing one form of payment for another. Those drafted could replace their duty to serve in the military by paying $300.

The Controversial Commutation

In New York City, people protested the $300 commutation claiming it was discriminatory and that only the wealthy could afford to pay. According to the Portable Press Blog, labourers earned about $300 a year and the President of the United States earned $25,000 a year. This was out of reach for many citizens.

Finding an ancestor who paid the $300 to avoid serving in the Military provides hints to other records. Taxes were assessed to support the war effort. I recently wrote a blog post about tax records that tells more about the taxes and revenue to pay for the Civil War. If someone could afford a $300 commutation fee, they were likely taxed as well.

The Tale of Jabez Banks

Jabez Banks married Jane Ward on 8 May 1848 in Yorkshire, England.⁶ Jabez and Jane arrived in New York 17 June 1848, just over a month after they married.⁷ They settled in Delaware and, according to census data, a daughter, Elizabeth, was born about 1849.⁸

At the start of the Civil War, Jabez had a growing family, with five children in his household for the 1860 Census. At the time of the 1860 Census, Jabez was a farmer and had a personal estate of $2,500.⁹

Delaware was the only slave state that did not secede from the Union. But slavery was not as prevelant in Delaware. By 1860, more than 90% of black residents were free. Census statistics show that 19,829 of the 21,627 people of color in Delaware were free.¹⁰ Most residents of Delaware who fought in the Civil War fought on the Union side. However, it is estimated that about 2,000 men from Delaware fought with the Confederate Army.¹¹

Jabez Banks was born in England and in order to be eligible for the draft he either had to be a United States citizen or have declared his intention to become a citizen. On 28 May 1852 Jabez appeared in open Superior Court of the State of Delaware for New Castle County and declared his intention to become a citizen of the United States of America.¹²

Jabez would have been 37 years old on 1 July 1863, and was married, putting him in the second draft group. Jabez Banks lived in Mill Creek Hundred of New Castle County Delaware during the 1860 and 1870 US Censuses.¹³ It is likely that is where he was living during the draft.

The draft for 1863 for Mill Creek Hundred occurred 12 August 1863. Seventy-six names were drawn.¹⁴ Jabez Banks was not one of them. Due to Jabez’s age of 37 years, he would not have been in the first round of drafting and would only be included if a second round were needed.

The 1864 draft included all eligible men aged twenty to forty-five, making Jabez eligible for the draft. The names of all the men in town eligible for the draft were put into a wheel and names were drawn one at a time for the draft. Mill Creek Hundred had 588 names in the wheel and fifty-two names were drawn. Jabez Banks was the 49th name drawn.¹⁵

The Civil War Draft Registration Records lists Jabez Banks, aged 38 as a married farmer born in England.¹⁶ The remarks showed that Jabez had a paid commutation and also had a sub for 3 years. The 1864 Enrollment Act allowed those who paid commutation to avoid the draft for 1 year.¹⁷ It is possible that he also found a substitute for future drafts but no evidence has been uncovered to support that. Jabez’s name was crossed out on the registration records, likely to represent that he did not serve in the military. The other names on the page that were crossed out had remarks that they either paid a commutation, provided a substitute, or had a physical disability.

A newspaper notice 14 June 1864 reported the status of the drafted men. Jabez was listed as one of twenty-one drafted men who paid the $300 commutation fee to avoid reporting for duty.¹⁸ Only one man was listed as providing a substitute, and that was not Jabez, leaving the note that he had a sub for 3 years a mystery. The remark that he both paid a commutation fee and provided a sub does imply a strong desire of Jabez Banks to avoid being drafted.

Jabez Banks was taxed for the carriage he owned. An income tax record for 1865 showed that Jabez Banks had an income of $248 for that year. However, his income was likely low due to the war. The 1860 census showed Jabez had a personal estate valued at $2500, which is hard to establish on a low income, especially with a large family. Jabez likely had prosperous years before the war and might have paid the $300 commutation fee using his personal estate.

Years later, a newspaper article about one of Jabez’s son’s candidacy for city Treasurer said that “his father, Jabez Banks, was one of the most prominent and progressive farmers in that section for many years.”¹⁹ The article was written thirty-seven years after Jabez’s death, and may have been puffed up to make his son look better, but it is likely that he was, in fact, a successful farmer.

Of the men who were drafted but didn’t want to fight, Jabez was fortunate to afford $300 to avoid military service. Jabez continued his farmwork and became known as a prominent farmer.

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