New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1863-08-26
THE 100000 EXEMPTION ORDINANCE.
MAYOR OPDYKE'S VETO.
He Proposes the Exemption Of Policemen
Active Firemcn, and Active Mililin-
Destitute Families Of Drafted Men ia
be Cared for.

be Cared for.
A special meeting of the Board Of Councilmer
was held at o'clock yesterday afternoon when the fol
lowing message was received from the Mayor vctonl
the message recently passed by the Common Council
providing for the exemption Of drafted men:
MAYORS OFFICE. NEW YORK, Aug "a, 1863.
To he Honorable the Hoard Of CounoQmen;
GENTLEMEN 1t is with sincere regret that find my
self const rained by Of duty to return without
approval the originating in your Board entitled
AN ordinance making additional provision for IL,
families Of persons who may volunteer be drafted into
the military service Of the United States durino :he
sing in accordance with chapter 5i 81 the laws
Of 1863 ana for other purposes. had hoped that in
formal conferences between members Of the Common
Council and myself might lead TO coincidence Of views
ana corresponding modification Of the ordinance and
thus avoid delay But since these efforts failed
only remains for me TO return the ordinance. with
frank satemon, Of my objections TO it in It's present
form. u :. : -+-~ r'
There are IL seems 10 me- two purposes having rca.
ton the draft, and two only. for which money may
be Justly appropriated from the city Treasury One the
procuring of substitutes for those whose personal ser
Vices necessary 10 the ciiy and the other The FRO
yiaing for the destitute families Of those Who have
forth in defense The former is proper upon the
same principle upon which private corporation
individual may seek ." procure substitute for an oil.
Ger or ageit whose SERVICES M nome are N'c"ssaf! "a
his principal.
In the category Of persons necessary be retained
include the active members II the Fire Department Of
The Police and ~ the organized miliia II the city
Without the continued presence ~ the rcmcn the city
would be- safe for sine. day and nearly the sane
thing may be said II the miiamsn. our experience
IN the lhsi month proved II any could have doubted .
before. ] have already as you know suggested that
prOys should be mnde IN respect Ia the french and
have proposed IN order 10 nsod delay while discussing
other prov ions that separate ordinance shoula be
al can he ~ A
procuring substitutes for them
! And now propose 10 yOn that Instead ~ waiting
ten days durins which your reconsideration II the
present ordinance must. o necessity be Suspended We
should all concur In the passage II ordinance pro
yidne or the payment Of Substitution money Cor all our
policemen. active hIomcn and active mllitinncn vho
may b. drafted. Tie exempt hrencn ought not To be
included. the exempt mihtinmcn, and fr the same
reason that however deserving the individual may be"
and however much his past services ought 70 be re
waTded II il Lot he deserving but tie pubic need
which alone can Justify the use OF Tie public money By
public sery ants
the whole militia Of the State had been Organized
a. II ought have been the for procuring sub
sites for them would not have been applicable bat
the irunc,ons Of our Constitution In this respect
have been nngfanuy and pcTrstsntly dsrcrardej, In
.omucl tha, only fraction ~ population has been
organized into armed forcc this force J. necessary
home where II vii aays form reserve BON hich
any time b. sout io the defense u
other paris a the eoraiiy.
Win rc,Iec, 90 :he families Il soldiers there
be slouli think but ono opinion No man y Lo u
;gh,irg our battle ftoald be permitted .l any doubt
abort he welfare - Ais fam, Of home fsf az 10
our power go afsnfc BIN. We owe " "a him, add 40
owe il 20 oglsslgS TIT whore De lacks d. means -"
sLoald make fsru - insure the comfort ~ BIS homo
and the education q lis children.
IN the acooap ,Ansci Of ali these purgo'es Invite
your O. operation yVu shal bate mine IN ny puhlr
~ in M pIl, At capacity VII DO everything which
lie. iu NY lorcr aud which ny Judgment Splrotcs As
honorable md lawful FOR the ssty and honor II tbs
cit and hr:lo litigation u any hardship which may
A,,aen IN tn, tsltf M Il ofren happens IN cIcep
lons } caro- fou De o, ration 4 general law.
81 d. nov T. Of .he terms u The ordinance pre-
senied 20 nov FAR u fu!hs Rhai rfof sses,
aud nov nearly conforms "a Tia law f huL brnehc"ni
puiposes which hs,e explained. II" nrst section
srr, O. ia. iras M lns - dollars 20 be- borrowed hl
he Controller and dsbarsod By him. s"meilm"s viz
out tic couclITc.f n any srpersisor! - auditing
ofioc. DO, gcnef y lros The order Il committee u
the said Cor gpraiio ool,itns o'tle MAYOR TIE Con
ifnllcr aud tie ~ ~ efs 81 tie BoeId 81 Aldermen ald
Of the Eoald 81 Councilman. stopping ~ noiAoii a.
consider the cIiBl-sltiou ~ tls committee cannot
but observe thai il would anofd great opportunities
for abus. Too numerous for individual respInsihHt.
To- iedy for The investigation II particular 800
II would be- obliged Ia investigate by suh con uii,"'s
and decide by accidental and ruciustng mhlpfiiss.
he apicaions for relief would he mhIr they might
lInoal' Ia Thousands and they mgsi all BE- deo4ded
within the neat ten or twenty days now u Would DC
possible fr this committed Ia do justice alike e. tho a
ilcani- and % this city Ices "a perceive. II
II be snd that all the members Of the Common Council
should Do members 81 tho committee. because tA'y
may have occasion 20 qualify tho rules pre-
scribcd by tie ordinance. or establish new
one IL vii readily occur 10 you that this would make
the ordinance still more Objectionable because would
IA effect Introduce tie Controller into the legislative
dcpartmeut Of the Corporation. would deprly" The
Mayor II his coordinate authority and would be pal
pabc evasion ~ that rule Of the law that nm ordinances
appropiintng the public money must specify the objects
of III. appropriation while this would be In effect
appropriation u e. 900 90 for such objects should
/ afterwards be- determined.
The second section u the proposed ordinance makes
IL tho duty Of the Controller Ia pay, upon the order
of sd committee 10 every citizen and "a every person
VIC sbal have declared his intention 10 become cit
/ ia, al. Inv Ia ti g Hlul W.
dcred into the military service 81 ths United States an
pursuance Of the pronislo Of the net Of Congress
known the Conscrption act. aud whose liability to
serve shall have become fixed by the action ~ The Board
of Enrolment Of the district In which h. wns drafted III
case tho said committee shall certify that the person
drafted j. IN INDECENT circumstance on II member al
tle Fir. Department The sum Of 800 for the RELIEF O
| tie fsmler of the said persons 10 drafted
Under this section ~ II stands. young man Who hr
rived from foreign land. In INDECENT circumstance ON
the fst day II March and the next day declared his IN
tcniion 10 become citizen. mny be entitled 10 the three
hundred dollars whether be hns any inmily In tins coun
try or any family at all He may BEN the most robust
health and without relation this side Of the Allan
tie; he has come perhaps from absolute poverty ana
socnl degradation In his own country To such Freedom
comfort property and social position ns 10 many for
cignei, have sought and found here before him. under
favor Of hospitality and the safcguard Of our olpfo
iecng laws he IN seeking employment he II drafted
by The chances If impartial lot into the service II his
adopted country and offered bounty food clothing ANA
pa, ihrcefold what he had ever aspred ia IN bis own
country, and Yet the Common Council Of New York, ny
this ordnance tells him he need not 90 and they place
600 ~ Ls open hand that be may hire another person
perhaps n native. to hight in his plncc
Or let us for another illustration. tale this csae;
Young man arrives In hrcity the same Int Of March
| fresh from his New. England home with nothing but
the education which his father gave him and with tho
hope that though poor now he may in due time become
rich He enters an Office a counting house, nnd ID
August Is dritod. Your ordinance gives hiin s@p RON
the public treasury that ho may stay ut home ana Sonu
another in bis place. IN
Monstruus ns this seems II II not all Not only WIZ
any man. native or foreign born, who Is drafted uhu
hnlpcns ~ bo 'in INDECENT circumstances" stay ~
home but, according To this ordinance he may stay AT
home without putting another IN his place he heed
only have his liability to torye fixed By the action oil
,he Board Of Enrolment" lie need never serve. of
even be- mustered into The service.
But suppose lin to serve Why should the money W