New-York daily tribune., 1863-10-24
,.,n,, mob, ~ his E,ceencys views shoud not DO
I~ =, a. pvauidput.

as l. The temper Of the people you can I.aly @an
snltine a have done with OF all political parties ~
every profession and occupation IT., ,oo;s;on
The President had objections TO udiciai h %
but he could not afford TO lose any time anu ~ f,r
dcred the draft to proceed. II did proeeed witvN ~
thcr mobs. Do the people Of the loyal cts.e WoTe
York approve Of this action OF Gov legislature
was law that had been sanctioned BY the LcS 49,
and Executive branches Of the Government .ion 7,
fness and vaue depended on Its promp! f tho Ne
might have been turning point III 'e @ .hs onaration
ton that our armies should be filed uhuer thc W. 20
of the law One out of "a Governors cooly Rlopos t
annu ts execution and suspend all its P;s "han nro
that indefinite future period when INV i;a,v of the
dnce judicial decision in favor OF the vsndty VI %
law, The Governor had no authority Whatevst M ,w
assertion that one half of the people believed tne
uuconstitutina Opinions on wSD sSDh lawyer II
have converscd with many OF my prosss"n sxmonr,a
on this subject have heard many OF Gov. n ,hs
VALIDITY of tEis law have never heard or rcad oi vus
two men LAWYER jndge lafman. who expresses .n
opinion that invalid and these wers ~ han,.r ~
monr and Jndyc McCunn Here close TINS chaP'cr VI
thot record Of which we are cnoined to be so proud
come now to another part Of this record Vn .he h %
OF July Gen. Dix the commanding onsel Al t.rm. 70
Gov seymour expressing his earnest desire
that the DRAFT should be enforced by the
aid Of the State authorities alone without in'oA
INC assistance from the General Government ana
asking for information that point On the 3d OF An
gust the Governor Acknowledges the receipt OF tns
letter and informs the General that as soon as ne ges
the Presidents to his letter written on that Day
asking for postponement Of she draft he VIII answer
On the 9Th Gen. Dix again writes to the Governor no.
Letting an answer No answer beng received on the
18th the General calls the Secretary Of War for Fed
cral troops On the 18th Gov. Seymour sends MS an
swcr the Of which may be learned BY ts
As you state your letter that your duty TO enforce
the Il Congress. and sppehend II; provision. may
ras;,op which viii be held BY the State an,hortie or
course under circumstances can they perform euar
pes'y ecnhdea to other, So. sn tssy
He then ndds that the laws OF the state mus' DC e
forced The meaning Of this cannot be misunderstood.
Iac In IN fn
execution Of law OF the United States III u oeoae
necessary 10 overcome resistance TO such Jaw tn.
duty devoved npon Others In case 'heieiol' mo.
shoud do nothing than necessary TO prc'"ht
the execution Of such law-say for example pe'sh!
the drawing ofthe wheel or the service OF notce-tht
Was none OF Gov Scymours concern, but II the mon
made ony ud noises In SO doing tLcy might under the
law 81 the State he sent to the lock up or ie~ hous
Gov Seymour could hot thus dvest himself oi resIsi
bil,y Such doctI would lead 10 anarchy. and the
entire destruction of that harmony which has Always
existed bstu the States and The Federal Goyerhneht
Gov Vance recently issued sProoDn alton declaring |"
10 be his duty and lis purpose 10 SOC that the ,ohird
sse conscriptiou law wAs executed IN North Caronr
The Constitution Of the United Satcs makes an oct oi
Cor gress the supreme law of the lard. ard Gov Sey
morr vas bound by Lis Official oath well The PIesi
dent. 10 tho care that Ills lav wS executed N
the State q New York But he refused 70 Icr'"rn
mns;. eiL1a compelled to GotacA 10 90 irooIs nom
Gen Ma.de. army and send them 10 our State al giea'
expense 10 perform tho-e duties Shoh GOV.
large rednfDIcements " Gen Brsggt army IN osoigM
thereby enabling him 70 attack koseofans Win p1tpon
deratng numbers ard drve hiin back 80 Chat'anos ga
The skill of Rosccrans and the bravery OF bio Eo'P'
prevented crushing defeat But who Ia fesPonNbl.
?or his checki And II HE army had been DESTROYED
and the cause Of Tho Union o.. who would nss" ,,n
held responsible ior the rcsut' 1t 10 NOT diihout "
predict what win bs the judgment Of impartial history
,h point close this review Of another chapter IN
that record Of which not only our own state ON 'he
whole American people may ju.ily be proud. ! pa'.
over many other chapter IN this rrcord wni nov
stop expose the extraordinary military appo,n,n sis
V,1.r FlIf al m
recommendation Of TA Has.1. A,ie, asd
A,Su. w,n inosn .niiv y. lournsl sniSn s o,si sSSh
nal call by the Prosident Of $500 arbitrary and
and has continued 10 extend she sane
ernor Scymours last speech before the Albany Conycn
,ion which adopted the platform Am now discussing
The Governor ton again repeat. thc e1prcoh oi hn
which ignores the powers a states. and trenches
upon constitutional right" HI. opiaion .r pro.
nounced by the Chief Magistrate of the state before
delegate from every Assembly District in reference TO
a law which then being executed. and which Lad
been made tie preteIt for tho Jgl{ r,os me direct
the flames u ofinsurcction. How natural for Tho igno-
rant Hi,hman 10 take up the budgcon TO resist Law
which his Chief Magistrate holding position second
only that Of Prcsiaeni had publicly characterized as
unconstitutional and II Unconstitutional Of coufse Ut
tery void
CoSsTITU TIoSALITY or THE NATIONAL rsRoLLMEsT
4 LAW CALLED BY Mp. r. THE cossCRIPTfoS ACT
The Convention having heard that oIdnlon presenied
a platform approving OF Mr. Seyuours whole public
action and thus thrust into tho the validity of
Ibis law IL the law uconsgituliopaf An~ra careful
examination Of the subject am prepared a. maintain
here and every ywhere thc propsuan that The Law Ia
question plainly and clearly constitutional Ihs s n
very different question from that which involves s
wisdom its efficacy IL has ever seemed 70 me that
the clause allowing an exemption on 'h' payment of
500 was uraise. and would result IN raising money
rather than men. Tho clause was Introduced. however.
to mitigate the severity o tho law and under IL the law
became the mdert act Of similar character record.
l.f.g tuf.l K
AIRY assertions that aimed at poor men and by the
efforts Of nunio pass 10 purchase exemptions for all
who were drafted by taxes imposed upon property II
the exemption fund shall fail ia raise the necessary
bes Of substitutes the next Congress may deem !. neces
sary 10 amend IBIS communication clause By requiring al
hereafter drafted 20 go In person or furnish sub
siitLie-a result which Will have been effected by the
efforts 20 render The present law abortiye Tho ques
ton therefore remains aud II Is one Of vital Interest
10 the people whether this law is unconstitutional
Ia the consideration of this question RENTED 10
/ the same arguments which we're employed when tho
Constitution "ss pending before The people The Old
Articles Of Confederation provided that Congress could
agree upon the number Of land forces and make rcqu
siiOns from each State for its quota. in proportion 10
tie number Of White Inhabitants in uchistae" The old
Government could not act directly upon the people nor
pass laws 1T was dependent wholly upon the States.
and IL proved a failure The Government created
under the Constitution not intended 10 be dependent
upon the States or the Governors of States for forces
necessary defend and preserye its lf Ii confcrs
power upon Congress In two clauses the fret In these
words TO provide for calling forth the militia Ia
cute the laws Of the Union suppress insurrectons and
repel inyasiOns" the second. to raise and support
arm ies" The militia II foresecn might be made
Quatc 10 existing emergencies rebellion moro eI
tensve and formidable than insuIrecton might arise.
and hence unlimited power to raise armies con
ferrcd with authority TO pass all laws necessary and
proper 10 raise armies. Every capable Of bearing
may lawfully be called into the field TO the
life " his country. The Federaiia thus vindcsed this
essential power as long ago az 1877.
Whether there ought to be Federal Government IN.
trusted nth the Of the defense question In
the r instance FOR dscu.sion but tho monen, IL do
sAra that
ought be clothed with all the powers requisite 10 tho
plete execution ofits trust. II must be admitted
that there be limitation