The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1863-08-10


the other hand 70 shut of by military power all approach
70 our judicial tribunals and To deny redress for wrongs
we have TO fear the ruinous results These
disasters may be produced well by bringing laws into
contempt and by destruction Of respect for the de-
cison OF courts, as BY open resistance. This govern
ment and our people have 70 fear nom an
acquiescence In the disorganzing teachings thai var
suspends their legal rights or destroys their legal
remedy than they have to fear from resistance 10 the doc
rne that be enforced without regard 70 NE
decisions Of judicial tribunals The refusal Of govern
mens 70 give protection exctes criticisms 70 dlsobed
ence. Tho successful OF the Conscrpton act
depends upon the settlement by judicial tribunals Of s
constitutOnality. With such decisions In ts favor,
will have hold upon the public respect and Difference
which II lacks refusal 70 submit Il TO this test
will be regarded evidence that t wants legality and
binding force. measure unusual in the history Of
this country which jars harshy with those ideas OF
voluntary action which have long prevailed In this
community, and which have been conspicuous in the
conduct OF this war; should 60 forth with all the
tieps OF every department Of government the egis
lative, the executive and the judicial. With such
sanctions IL would overcome the hostility which
n naturally creates In tho minds OF q people
conscious Of their patriotism and jealous Of their rights
earnestly urge that the government interpose no OBJ
structons 70 the earliest practicable judicial decision
upon this point Our accustomed procedures gve 70
citizens the right 70 bring all questions affecting personal
liberty or compulsory service in direct and summary
to the judges and Of the State nation The
decisions which would thus naturally be rendered within
brief period and after full and ample discussion, would
mako such current Of judicial opinion would satisfy
the public mind that the either valid or void The
right OF this government TO enforce military service
any other mode than that pointed out by the constitution
cannot be established by violent enforcement OF the
statute II must be determined ultimately by the judcia
ry. It should be determined in advance Of enforce
ment which must be destruct i've 10 many lives II
would be cruel mockery TO wthhod such decision until
after the rremedabe injury OF its execution upon those
who unable 70 pay the demanded In lieu Of their
persons. Those who are able to commute might have
their remedy by recovery Of the money paid commu
tatton. No evils 10 be feared the law should be
pronounced stitutonal The submission Of this
government to the decisions o courts would give
new and stronger bold upon the public confidence; Il
would add new vgor to system Of government and
would call forth another exhibition sr voluntary ocr
ings Of and treasure TO uphold administration
which should thus defend and respect the rights Of the
people. The spirit OF iawlessness in land would be
rebuked respect for legal would be nvgoraed
confidence In our government would be strengthened,
the dssensons ana jcalouscs at tho North which
weaken would at DO healed up, and your
xce would be potential in calling forth the power and
force Of united people, BY what willing strength has
done In the past you may soresee what willing and
united strength may accomplish In the future II cannot
be said OF New York. believe cannot DO said Of any
Northern State that the Conscrpton act be declared
unconstitutional the nation Ia thereby abandoned 20
weakness paralysis. Be such fats
be'al government which represents the convictions Of
the people which Yerks with ihspir and provisions Of
the constitution it's m more possible unoer such circu
that the nation should be ef In hepessness than
that strong should refuse TO obey his will
II this bin, which stands upon the assumed right Of
Congress TO pass such act shall fall 70 the ground
there Is s ft the undsputed authority to call forth the
armed power Of tho nation the distinctly set
forth in tho constitution sf country DO not dwell
upon what besve would be tho Consequence OF violent
harsh policy before the constutonalty OF the act Ia
tested. You the immediate future well l.
The temper Of the people to-day you readily learn by
~ Of every profession and occupation The nations
st enes in the hearts Of the people Esranse shsm,
divide ,bcns and the foundations fa the structure
perish / am cNpndsat you wnl feel that acopescence
in my requests WI % st 4 gpAR ssS;;cp isr our
government make Q s.ss,,e, ma 5srsIca.srIy ihn
/, should ASSURE Itself and them d. i6e sc,6;aance
Of its subordinate laws with supreme Law Of the
land. II viii be but q. itic price to pay for the
peace OF the puolic mind. II will abate nothing
from the sover 6y Of the nation show just regard
Tor majesty Of the law and pa.erna interest In the
wishes and welfare Of citizens.
Truly yours, &C, HoRArIo SEYMOUR