The New York herald., 1862-09-01


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The Right snd tho Duty or the Govern
lnent tO Draft. st
In another coiuma we publish letter Of DR.
Brownson on drafting and volunteering, with
which we entirely agree. lie is clearly right
Weregret to say that several Of the State Cover.
nors are throwing difficulties in the way Of the
draft, and promising to raise their quotas In
volunteers If the government will give them q
little time. But promises will not do in thi,
emergency of the nation. A bird in the hand
Is worth two in the bush. II will not do "a
trust to perhaps or even to probability
There ought to be certainty. Besides, when
the right of the government to draft directly
has been called in question, the President ought
to insist upon it, in order that the true doctrine
OF national sovereignty may be vindicated, and
the political heresy Of State sovereignty as pa.
ramount to the federal authority--the rock on
which the Southern States have split--may be
repudiated as full of danger to the existence Of
the Union.
Some OF the State Governors speak Of the
draft as "disgrace." II is no dis grace. II is
the law, and 1t is also sound policy. The con.
stitation expressly gives the power to Congress
ito raise armies. y and that without any inter
vention or interference Of the State govern
ments. The republic Of France had to resort
to conscription In the hour Of its peril, and was
saved by II. As TO the constitutional right there
cannot be the shadow Of doubt. Under the
old confederation, before the adoption Of the
constitution, Congress could not raise troops
directly, nor pass any lays to act upon individ-
uals. 1t could only net on States; and that was
the grand defect which prevented the satisfac-
tory working Of the old system. There was no
mode Of compelling State to do its duty in .
time Of public danger, unless by going to war
with it. The change in the system adopted in
the constitution. which gives Che right to the
federal government to pass laws operating on
individuals instead of States. was absolutely es-
sential to the very existence Of the confedera-
ton OF States. 1t is this which gives national
unity TO the people Of the United States and
makes them one country.
The New England States in tho War of
ISl2-l5, by the act of their Governors and by
their representatives vt the Hartford Conven-
ton, committed treason 10 placing State sovs-
reignty above national sovereignty and re-
fusing to permit the militia TO leave their own
State TO defend the nation at large. The bad
example was followed by South Carolina
twenty ysars afterwards. More recently some
eleven Northern States undertook to nullify
the authority of the laws Of the Union, and thus
encouraged the secessionists Of the South iu
their rebellion. Their opposition to drafting
now is little better than covert treason
The pretence that direct draft interferss
with State sovereignty is absurd. n does not
interfere with any sovereignty the constitution
permits to State, which 10 purely municipal
and not national. Both governments are sove-
reign, each within its own sphere. The federal
government alone is national. The Governors OF
States want the recruiting of their army done
through themselves, because they want the
pluuder and the perquisites. This is i" the milk
in the cocoanut,h and not any sincere zeal for
State sovereignty.
Hitherto the Governors OF States have en-
barassed and obstructed the federal govern
ment at Washington by delaying the recruiting
in order to get contracts for their friends and by
appointing officers who are utterly unfit for their
duties, md who have gone into the campaign
from no higher idea than to make money. Here
Is one Of the seorets Of the defeat Of armies.
Suppose Governor should think proper not
to order any draft in the State to which he he
longs. the question arises, has the federal 60
,I,,s hat th.,
then the men who drew up the constitution
were fools: iSr they conferred powers on the
federal government without giving them the
means of exercising them and carrying them
into oiact But the creators OF the constitution
were no fools. aud they did make ample pro
vision for the full exercise OF national sove-
reignity by the federal government, indepen-
dently of any State Governor or State Legisla-
ture. II il were otherwise the confusion would
be endless. Let the government therefore.
sert its right TO draft directly There is
another reason why the draft must be adopted.
When the insurrection is suppressed by the
strong arm Of the federal power il will be ne
cessary To keep mp a standing army for seye raj
wears, in order 10 prevent resusciia,ion OF the
rebellion. Such an army could never he raised
by voluntary enlistment in snch prosperous
country ~ this when the eycitemrnrof the war
il over. II must be drafted. Az the law now
stands The conscription operates unequaiiy, and
makes no distinction between single and mar
red men. Bat there is no time Ia amend ii
now When Congress meets il ought 10 be It's
care 10 assimiste the law to the conscription OF
the French. . nation which has 40 much expc-
rence Ia al that relates ia war, and which
posScssc: The most perfect military organization
on the face OF Che earth. Meantime let the dLaft
be made under the law W il is. The republic
is in danger.
THE EBRgsgtSe uros SUBSTITUTE ASSOCIATIONS
One Of the radical journals, which began its es-
istence by swindling the government in army
.ia .nd xfrau. hats hayA siyaq very naturally