, 1863-07-31
TIE NEW YORK EXEMPTION
APPROPRIATION.
MAYOR OPDYkE'S VETO
ME SAGE,
A Concession to a Mob Exposed and
Refused.

Mayor Opdyke's Veto Message. prescnteda at
the meeting Of the New York Board Of Alder
men, on Monday last, is most excellent and
thorough rebuke to the tn,itorous, and where
not tfaitorous, timid, crew who are responsi-
bic for this Exemption Appropriation. I've
omit only the portion relating to the conflict
Of tle appropriation with local legislation
Tie rest is argued on broad national grounds,
as follows:
4 MAINE DECISION.
Another legal objection to this ordinance
has recently received judicial announcement
in similar cage before the Judges of the Su-
preme Judicial Court OF the State Of Maine.
The Governor Of the State requested the opIu-
ion Of those Judges Oh the question whether
city Or town has legal right either to
pledge Its credit to ralsc money, OF. to mise
money by taxation, to provide communication
Tor such Of its citizens. US might be drafted.
The following extracts from their response to
this request refer to the national aspects of
the question, and are directly pertinent to the
matter now before us:
require the services Of each citizen II may pre-
scIibe the mode and manner Of obtaining such ser
ses ct tSs dt1 1ssts uPSn
Government which protects his rights.
We're town 70 Raise money to be distributed to
favored 1nG1S1QuAi6x lQ6 I44 assessed Tor such 4
purpose could not for q moment be upheld. SIN
}ses can 1t he when the obvious and inevitable
tendency OF 1t would be to defeat the object for
which TIE act Of Congress before referred to was
passed. That vas an act to mise soldiers, not to
.aiee money. lts preliminary and special purpose
was TO suppress fnsurrection BY means Of an arm
ID force: to be raised In pursuance Of it's rroyls
IONS II one town may assess taxes to pay the
Communication money OF thoee who may he drafted.
60 may ali and the Government would bo lcft
without soldier fo. lts Protection, and tho nation
nj al fh11n-
ring foE lts overthrow By such course the wealth
and TAXABLE property Of the community would be
dsre,ted from tic defense Of the Government, aud
destruction by eprlvlns 1t Of the means necessary
for its presenatiou.n
From this 1t will. be- seen that the action
Proposed by your ordinance, even If it shon1d
receive the sanction Of the Legislature. wonid
tt11 be In contrayentlon Of the uational laws.
which. under the Constitution Of the United
States, arc the Supreme law Of the land; and
consequently, no money could be legally
raised on the bonds proposed to be issued,
nor any tax legally imposed for their pay.
Ment.
TIE DIRECTION on LoTAL GROUNDS.
am bound In frankness to add that If Ihad
found the ordinance within the competency
Of the Common Council, and its provisions
fee from all obscurity or indedn1teness. I
should still have felt 1t to be my duty to
pux
to our Constituents, and to myself that /
should state my reasons.
d. The act OF Congress entitled stAa act for
enrolling and calling out the national forces.
and for other purposes, - commonly called the
Conserlption act, provides THAT oil able
bodied citizens Of the United States, and per-
SECS of foreign lirth who shall have declared
On oath their intention to become citizens uu-
der and In pursuance Of the laws thereof be-
tween the ages OF twenty and forty-fiye Years.
except as hereinafter excepted, are hereby de-
clared to constitute the national forces, and
sl::l! be liable to perform military duty in the
service Of the United States when called out ]
by the President tor that purpose.
The act also provides for enrolling tia ner-
:ons thus decribed, tor drafting from those |!
bus enrolled a sufficient number for The ser |
ice required by the President, and for giving
Lem notice to appear at the rendezvous, and |
hen proceeds to declare that any person
nay, on or before the day fixed for his appear.
.nce, furnish an acceptable substitute to take I
lis place In the draft, or he may nav to such
9erson as the Secretary of War may authorize
o receive 1t. such sum not exceeding $500 as |
he Secretary may determine, for the procura-
ion Of such substitute.
WHY WAS IT NOT PROPOSED BEFORE: 4
This act was passed on the Sd day Of March
II the present Year. The ordinance bef0re
ne was introduced and passed through both
branches OF the Common Council on the 18th i
II July. II there was anything In the act
Thich called for action on your part there was
!mple time sitter the Sd Of March and before
sith al! proper guards against fraud and |
'buse. II should Seem, therefore, that It was
aot SO much the assumed defects Of the act of
congress as the existence Of the riot which 1
'roke out In this city On the 18th instant.
yhich = PromPted the action OF. your honora.