The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1863-09-04
The Censcription Act - Its Respect foE
the Poor.


scription law, and when volunteers were being
called for, the leading democratic papers of the
country insisted that by such law only could
the army be maintained, and that only by a
draft could the war be made to bear with any
thing like equality upon the people. Under
the operation OF a draft, it was said all classes
and all interests would be fairly represented
in the army The Albany Argus, the New
York World, the Illinois State Register, and
other Journals Of commanding influence in the
Democratic party took this ground, while even
Gov Seymour, in his inaugural message, up
held the same general idea.
Now it may not be known to some that, be-
fore the present CONSUMPTION law was enacted,
the Government had a right to call for men
and that there was authority to draft them,
under the laws of Congress and the militia
laws of the States. 1t was not a question
whether men could be drafted, but for how
long time, by precisely what methods, and to
what classes the draft should or should not
apply. Opposition to drafts is no new thing.
In 1914, during the last war with England,
there was opposition to the war itself, and also
to drafting, as there now is. Democrats were
then in power. The war was stigmatized as
"Jimmy Madison's war;" and those who OPP
posed it were the federalists of that day, and
their names have gone down to infamy and
disgrace as viii the names of those who oppose
the war now. Mr. Madison disposed of the
alleged unconstitutionality of the draft in his
time, and the opposition made to it, as fol-
lows:
"The idea that the United States cannot raise reg
usr army in any other mode than by accepting the
voluntary service of individuals is believed to be re-
pugnant the uniform construction of all grants OF
power and equally to the first principles and lead
Ing objects of the Federal compact. An unqualified
grant of power gives the necessary to carry
into effect. This is universal maxim which admits
of no exception Equally true is it that the conser-
Walton of the State is duty paramount to all Others
The Commonwealth has right to the service of all
its citizens rather the citizens composing the Com
monwea havea right, collectively and individually,
10 the service Of each other repel any danger WI Oh
may be menaced. The manner in which the service
is to beapporoned among the citizens, and rendered
by them, are objects of legislation All that is to be
decided in such is the abuse of power, and hap
PLY our Constitution has provided ample security
against the evil. 3uIIa T
But it is said by drawing the men from the militia
service into the regular army, and putting them
der regular officers you violate principle of tho Con-
tuition, which provides that the militia shall be
the conclusion would follow. But such is not the
fact The men are not drawn from the militia, but
voluntarily, il is not militia men that they act but
as citizens. If they drafted. il must be in the
same sense. In both instances they are enrolled in
the militia corps, but that, is presumed, cannot
prevent the voluntary act in the instance, the
compusion in the other. The whole population of
the United States within certain ages, belong TO
these corps. Ifthe United States could not form reg
ular armies from them, they could raise none at all,
We have said draft could have been made
as it was last year in some places--in the
absence Of the present CONSUMPTION act; under
the laws of Congress and the militia laws of
the States. But suppose such draft had been
made, how would it have operated upon poor
men? We answer that those laws, enacted
nearly if not quite all of them by Democratic
Congresses or legislatures, were most decided
ly partial 10 the rich aud favored classes. They
Disseminated against the poor, in that they
exempted the rich and influential. Such was
the law of Congress, and all State laws con-
formed 10 it. For example: those laws ex-
emptcd all members of Congress, all postmas-
tiers and their clerks, all revenue officers, all
clergymen and judicial officers, and large num-
bers OF other persons. The favored classes
were exempted from the operations of the law
The poor man.-the unfavored-had his chances
of conscription increased in exact proportion
as others were exempted.
How is it with the present law? Who are
exempted? Are members of Congress? No.
Are the 10000 postmasters? No. Are rev.
enue officers? No. Are clergymen and State
judicial officers? No. Who are? Only the
President and Vice President Of the United
States, the heads of Departments, the U. S.
judges, and the Governors of States.
Then the old law did not exempt young men
from eighteen to twenty-young men whose
muscles had not become toughened, who had
not become firmly knit together. The new
law does exempt such. The old law exempt
ed no one because OF those dependent upon
him. The present law exempts the only son
of widowed mother, the father of young
motherless children, the only brother OF young
children, the son Of aged and infirm parents,
where such person is the support and staff Of
such young children, widowed mother, or in
firm parents. Are not these merciful provis-
ions, all in favor Of the poor, the dependent,
and the needy? The truth is, every person,
with the few exceptions named, who has the
physical ability to respond to the law. is liable
to draft, and if drafted must either 30 himself,
procure substitute, or pay his money. and
the smallness of the number of exemptions "a
vor the poor man by reducing his chances of
being copscripted.
Then the $500 exemption clause while it
exposes no one to go into the service who
would be exempted without it, by establishing
price for substitutes, prevents speculation to
a large extent, aud enables the poor man to
purchase exemption at the lowest price that
viii not serve to defeat the purposes of the
law in filling up the ranks OF the army. Viewed
from any point, the present conscription law,
hard though it may bear in individual cases,
was framed with view TO make it as easy as
possible for the poor man, and we do not won
der that an eminent loyal Democratic lawyer
in this State pronounced it the most perfect
statute that had ever emanated from the Amer
lean Congress.
Archbishop Hughes on the DRAFT.
On his return from Europe last fall, while