And here, having introduced to the reader the first real newspaper, and the great ancestor of all after editors, and having attended the press through its obscure infancy and perilous childhood, we must pause, reserving for consideration in a future article the fair promise of its youth and the development of its still more glorious manhood.
THE CONSCRIPTION ACT OF MARCH 3d.
Few subjects are more difficult of legislation than that of the military service of a nation. The most profound wisdom, the most enlightened statesmanship, the most intimate knowledge of society, are requisite in the legislator. It is easy, indeed, to regulate the military service in times of peace, when the army is small and volunteers are abundant. But when the ordinary methods fail to fill up the ranks, decimated by actual war, when the honor and perpetuity of a nation depend upon a conscription of its citizens, then comes the tug of war, and many legislatures have failed in their deliberations on this subject. In the first place, a Conscription Act is opposed to popular prejudice. Compulsory service of any kind, except for punishment, is contrary to our ideas of personal freedom. We believe in the sovereign privilege of doing what we please, and declining to do what we do not please, to its fullest possible extent. We love to tell our neighbors that we have no standing army to defend our national honor, but that it reposes safely on the voluntary patriotism of the people. We may admit the necessity for a Conscription Act—may confess its justice and impartiality; but few men who are liable to fall into its pitiless clutches, can speak of such an act without a shrug of uneasiness or a wicked expression of anger. Again, it must be universal in its application. It must meet all classes and conditions of society; must be adapted to all shades of religious and political belief; must be inflexible as Justice on his throne, yet tender and sympathetic as a mother to her child. It must take into consideration different branches of industry, and the fields of one section must not be depleted of husbandmen that those of another may be filled with warriors.
The act of March 3d meets these difficulties more successfully, perhaps, than any previous act, whether of a State or National Legislature. It is based upon the broad and well-admitted maxim, that every citizen owes his personal service to the Government which protects him. But while the Government impartially demands this service, the law provides for the exemption of those who would suffer by the unqualified enforcement of this demand.
Many persons outside of the specified limits of age, are physically able to do military service. But, as a class, it would have been cruel and impolitic to have forced men into a service which would have wrecked health and happiness for life, or, by a short and swift passage through the military hospitals, have shuffled them into premature graves. Few men under twenty-five have the power of endurance necessary for a long and wearisome campaign. The muscles are not sufficiently knit and hardened for the service, nor the constitution sufficiently fortified to withstand the exposure. Men over forty-five have lost the vigor and elasticity necessary to long and arduous exertion, and are constantly liable to become a burden instead of a benefit to the service.
No previous act has so equally disposed the military duty among the various classes affected by it. It is a well-known fact that the burdens of military service are wont to bear most heavily on the laboring classes. Probably no legislation can entirely remove this inequality. But the act of March 3d makes special provision for the indigent and helpless, and to a great extent relieves the suffering and inconvenience dependent on an enforced military conscription. Poverty is not left without relief, infancy without protection, old age without comfort. The dependent widow, the infirm parent, the homeless orphan, are adopted by the Government, and their support and protection provided for. And in order that the character and dignity of the army may comport with the greatness and purity of the cause for which it is fighting—that it may be both the power and the pride of the nation, it is expressly provided, that 'no person who has been guilty of any felony shall be enrolled or permitted to serve in said forces.' For the benefit of those whose peculiar business or family relations require their services at home, Congress wisely inserted 'the $300 clause.' In this they but followed the established custom in most nations since the days of feudalism. No part of the act has been more violently assailed than this, none more unjustly. It is asserted that this clause discriminates against the poor, in favor of the rich; that it recognizes unjust distinctions between the classes of society, and assigns military duty unequally among the citizens. No assertion could more glaringly display the author's ignorance and lack of judgment.
The law, as originally drawn, required the service of the man drafted or an acceptable substitute within ten days. Had 'the $300 clause' not been inserted, the competition for substitutes would have been so great that their price would have risen far beyond the ability of men in moderate circumstances to pay, and many would have been forced into service who thus have an opportunity for exempting themselves. It has kept the price of substitutes at a low figure, and thus has proven itself emphatically the poor man's provision.
Nor is the law harsh toward those who may be drafted. Abundant time is given for the settlement of any pressing business, the proper disposition of family affairs, or the procuring of a substitute. It is mild toward the infirm and afflicted, making ample provision for the exemption of those who, from any cause, are unfit for service.
It assures to drafted men the same pay, bounty, clothing, and equipments as volunteers receive, and in all respects puts them on the same footing. It thus removes the unjust distinction wont to be made between the drafted man and volunteer, looking upon each as a true soldier of his country, equally interested in its honor and perpetuity. And in order that justice may be secured to the citizen as well as to the Government, the entire business of the enrolment and draft is under the supervision of a board of three men, generally residents of the district.