The New York herald., 1863-10-24

skn Of Angs and for the want OF security felt by loyal
property and e during these fearful scenes On
the 4th OF July preceding hs exceHency had stood
,his same CITY sad sneerinGy taunted the government
With Lees Invasion Of PeunsyivADiA and the supposed
had also itma.ed that remedy for the alleged mis-
conduct Of the federal government moo law would be
x,s ans ~. New Yor riots
the famous record Of which we are en)o'ned 70 DO
proud
On the Sd OF August Governor Seymour wrote 10 the
President presenting the extraordinary proposa 70 MN
70 suspend the OF the Enrolment law until hs
constt1tionaity could be tested in the courts ne IN,
formed the President that "the successful execution i
the Conscripon act depends upon the senemens py JUL
eial tribunals OF its cousttutonaty" Here Is prece-
don't quite uuexampled. law deemed necessary Dy
Congress President OF the United States cannot DC
successfully executed, according TO Governor SEYMOUR
until the courts have passed upon its consttuonality
The letter contains this most astonishing decara-
ton
that the consrpon act which they are called
upon TO obey because stands upsh the statute book Is II
self violation OF the supreme constitutional law
The concludes with the following covert threat
Of mobs II his Excellencys views should not be
adopted by the President
do not dwell upon what believe would be the conse.
Of hSrsh p0sy before for the y
ne s af' % e@per OF he eope on cso r@sdv
consulting as have done with men Of all political par
ties and Of every profession and occupation.
The President had objections to judicial decision,
but he could not afford TO lose any tme and go he order
ed the draft to proceed II did proceed without further
prove OF this system OF Governor seymour Here was
law that had been sanctioned by the legislative and
executive branches OF the government. Its usefulness
and value depended on its prompt execution IL might
have been turning point In the tate OF the nation that
armies should be ed under the operation OF the law
One out Of thirty four governors cooly proposes
nul it's execution and suspend all its operations until
that indepite future period when lawsuit shall pro-
dGco judicial decision n favor Of the validity OF the lawl
The Governor had authority whatever for the asser ton
that onohaf Of the people believed the law uncons.itu
by professional men, As lawyer have conversed with
many Il my professional brethren on TINS subject
porters express opinions favorable to the validity Of this
law have heard read OF but Two men lawyer,
Judge or ayman who Expressed the opinion that II was
invalid and these were Horatio Seymour and John
McCunn Here close this chapter OF that record OF
which we are eDjoined TO bo 80 proud. j come
now TO another part Of this record, On the Both
Of July General Dix the commanding officer in this de-
partment, addressed letter in respectful terms to
seymour his earnest desire ,nas ne
ties alone without invoking assistance from the general
government and asking for information on that pint On
this letter and informs the General that as soon as he
gets the Presidents TO his letter written on that
swei On the sh General Dix again writes to the Gov
ernor soliciting answer No being received on
the 18th the General calls on the Secretary OF war tor
tenor Of which be learned by this extrnct
As state In your letter that your dHy to enforce
may excite popular resistance il proper you
the position which viii be held by the State authorities Of
pressy onGded they undertake to relieve
others from their proper responsibilities
He then adds that the laws Of the State must be en-
forced. The meaning OF this cannot be misunderstood
means that Gov Seymour has nothing 10 do with the
execution Of law Of the United States. II beclme
necessary 10 overcome resistance TO such q law that
duty devolved upon others. In caso therefore, MOP
should do nothing moro than was necessary 10 prevent
the execution OF such law-say, Tor example, prevent
the drawing OF the wheel or the service OF notce-that
was none OF Gov. seymour's concern; but II the mob
made any loud noises doing, they might, under the
law Of the State be sent to the lookup for few hours
Gov Seymour could not thus dives himself OF responsi
bity. Such doctrine would lead 70 anafcny ana sne
existed between the States and the federal government
Gov. Vance recently issued proclamation declaring II
10 be his duty and his purpose 10 that the Confede
rate CONSUMPTION aw was executed In North Carolina.
The constitution of the United States mekes an act OF
Congress the supreme law Of the land, and Gov Soy
mour was bound by his official OATH well as the Pres
dent. TO take care that this law was executed 10
the State Of New York But he refused TO perform ns
duty what the consequence The administration
was compelled to detach twenty thousand. troops from
Gen Meades send them to cur State at great
refused 10 discharge Gen. Lee discovering this, sent
largo rcnforcements TO Gen. Braags army In Georgia.
thereby enabling him 70 attack R9secsaps CsS
The skill Of Rosecrans and the bravery OF hH troops
prevented crushing defeat But who 10 responsible
predict what wa. 'gC tne 5esr. Of impartial history
On this point close this review Of another chapter
whole American people may Justly DO proud. pass
over many other chapters in this record. will not
ments made by the Governor under unexecutod
militia law passed in 1862. viii gay lite
Argis, we'll known anti journal, which commenced
Its support Of the by denouncng the original call by
tho President for seveutyfye thousand arbitrary
and unconstitutional and has continued TO extend the
same support down to the present time come down to
Governor Seymours last speech before the Albany Con-
vcntion which adopted the platform am now discussing
The Governor then again repeats the expression OF
opinion that the Conscrpton act, as he calls It, 10 "an
aGs aO wnc@ Ignores ne powers 9, ssa.es and enGnes
nounced by the chief magistrate OF the State before
delegates rom every Assembly district in reference to
been made the pretext for the July riots 1he direct
tendency OF such an opinion would be TO stir up
the flames OF insurrecton How natural for the igno
rant rshman TO take mp the bludgoon 10 resist law
which his chief magistrate, holding a position second
only 70 tha OF President, had publicly characterized ~
unconstitutional and II Unconstitutional OF course utterly
voidf
coSunuTiosAnTY or THE NATIONAL ENROLMENT LAW,
CALLED BY Mr.. sEYmorR TIE ooSscNPnoN AcT
The Convention having heard that opinion, presented
platform approving Of Mr.. Seymour whole public action
and thus thrust into the tho validity Of this law
Is the law unconstitutional After careful
OF the prepared In maintain hero and every
where the proposition that the law 10 question Is plainly
and clearly constitutional. THIS very different ques
ton from that which involves it's wisdom or It's efficacy.
II has ever seemed to me that the clause allowing an
exemption the payment OF $500
wise, and would result 10 raising money rather
than men. The clause was introduced, however,
TO mitigate the severity o the aw ana under u the law
became the midcst act OF similar character record
This defect In the law has keen aggravated by incend
airy assertions that was aimed at poor men, and by the
encrs OF municipalities b. purchase exemptions for all
who drafted by taxes imposed upon property. II
the exemption fund shall fail 10 raise the necessary num-
Dor OF substitutes tho next Congress may deem II
to amend this communication clause by requiring all
hereafter drafted TO In person or furnish sub
stitute-a result which will have been effected by the
efforts 70 render the present law abortve. The ques.
tion therefore remains, and IL Is OF vital interest
to the people whether this law lie unconstitutional.
In the consideration OF this question We are remiied 70
the same arguments which were employed wheh the
constitution pending before the people. The old
articles Of confederation provided that Congress could
agree upon the number OF land forces aud make requ
sitions from each state for It's quota, 10 proportion 10
the number OF white Inhabitants In each state The old
government could not act directly upon the people
pass laws. II was dependent wholly upon the states,
and II proved failure The government created
under the constitution not intended 10 be dependent
upon the States the Governors OF states for forces
necessary to defend and preserve its life. II confers
power upon Congress in two clauses the first In these
words''To provide for calling forth the militia to
cute the laws Of the Uniop suppress nsurrecons and
repel invaSons' the second, "to raise and support
ARMIES" The militia, II was forcseen, might be made.
quate 10 existing emergencies rebellion extern
sve and formidable than insurrectlon might arise and
hence Unlimited power 10 raise armies conferred,
IN nil mad