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26

CH. XXV.]

MILITARY ARRESTS, ETC. gard to efforts to enforce it at this belong to the executive in case of mandate. In a few states, as Pennsylvania, ifest necessity; we refer to the suspen Connecticut, Massachusetts, Wisconsin, sion of the writ of habeas corpus. Dur etc., it was practically carried out, dur. ing the early period of the great strug. ing the autumn of 1862; but, in con. gle for national life and integrity, ar. sequence of necessary delays for enrol. rests were made by orders issued from ments, etc., the draft was, in most the secretary of state; but i cases, postponed, and for the time, at ary, 1862, the control of this whole least, allowed to fall quietly out of matter was transferred to the war desight. The short term of service under partment. We have noted, on a pre

the recent militia act, with the liberal vious page, Chief justice Taney's views, i bounties offered by states, cities, and in the spring of 1861 (see p. 29). In

individuals, favored largely the supply July of the same year, Mr. Bates, the of men ; so that, early in December, United States attorney-general, gave 1862, the secretary of war reported, an elaborate opinion on this subject, under the calls of July and August, and asserted the right of the president, 420,000 new troops in the field, of in the great crisis existing, to exercise whom 320,000 were volunteers for this power. The government, thencetbree years, or during the war. Ac- forward acted with promptitude and cording to the best estimate which can vigor. A large number of persons, now be made, the number of troops in known or supposed to be in complicity the service of the United States, at the with the rebels, were arrested and close of 1862, was nearly or quite placed in confinement, but, after longer 1,000,000.*

or shorter intervals, were released, upon The active efforts of treasonable and taking the oath of allegiance to the disaffected persons, and the violent and United States. malicious assaults of a portion of the On the 14th of February, the secretpress, in order to thwart the plans of ary of war issued a paper containing the government and aid and abet the the “executive orders in relation to rebellion, led to the continued exercise state prisoners," in which Mr. Stanton of that power which was claimed to set forth, clearly and forcibly, the * The numbers of the rebel force cannot be given Brounds on wi

grounds on which the government felt with any exactness ; some writers say there were over it necessary to pursue the 400,000 in the service; but by the rigid enforcement

1862.

course it had adopted. “The of the conscription act in the seceded states (see p. 117), compelling all persons between the ages of eighteen president felt it his duty to employ and forty-five to do military duty, the rebel leaders

with energy the extraordinary powers managed to get together larger armies, at the end of 1862, than at any previous period, and were conse

which the Constitution confides to him quently prepared to carry on the war in 1863. The in cases of insurrection. He called into process of conscription, however, was exhausting, and

the field such military and naval forces, could ill bear repetition. It became odious to the peo. ple of the states in rebellion ; it was evaded in every unauthorized by the existing laws, as possible way; and it was denounced as not only a gross med noe

seemed necessary. He directed mea. violation of the much-cherished state rights' doctrine, but also as the most outrageous of military despotism. / sures to prevert the use of the post

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office for treasonable correspondence."'* of habeas corpus was suspended in re In addition, as was stated on a previous gard to all persons who had been, or page, (p. 259), disloyal, or supposed to should be, arrested and confined by be disloyal, persons were arrested and military authority. A provost marshal imprisonments made quite extensively. general was appointed, with subordinOn the 27th of July, Gen. Dix, and the ates, to carry out the determination of .' Hon. E. Pierrepont of New York, were the government in every direction. appointed a commission to make exa- Of course, such action was sharply mination into the cases of state prison. criticised; outcries were made against ers then in custody, and to determine what was denounced as tyranny in its whether it were proper and safe to dis- worst form ; and in some, or inore charge them, or remit them to the civil cases, individuals were harshly treated, tribunals for trial. These gentlemen and their rights unduly invaded. Poentered upon the duties assigned them; litical leaders in opposition to the gov. they visited the Old Capitol prison at ernment made the most of all this; Washington, Fort McHenry at Balti-“ peace meetings" were held in various more, Fort Lafayette at New York, and places; the administration was vigor. Fort Warren at Boston; and large ously assailed; efforts were made to numbers were released from confine- prevent enlistments and hinder the ment on taking the oath of allegiance. putting down the rebellion by force

Arrests, however, continued to be of arins; and so powerful an influence made, and though the president assum. was exerted upon the state elections. ed the responsibility, the secretary of near the close of the year, that the gov war determined upon the cases, and sus. ernment was, in several instances, seri. pended the writ as he deemed best. ously worsted. Nevertheless, the ener. This assumption of power was most getic action of the public authorities strenuously objected to, and some of was so far effective and salutary, that the courts took the ground that, al. on the 22d of November, the following though the president might have au- order was issued by the war departthority under the Constitution, in case of rebellion or invasion, to suspend the

I“ Ordered, 1. That all persons now

“O writ, he could not legally delegate that in military custody, who have been ar- !, authority to any subordinate. In or rested for discouraging volunteer en. der to meet this view, Mr. Lincoln listments, opposing the draft, or for issued a proclamation, September 24th, otherwise giving aid and comfort to declaring that all persons discouraging the enemy, in states where the draft volunteer enlistments, or engaging in has been made or the quota of volun. any disloyal practices, were subject to teers and militia has been furnished, martial law; and further, that the writ shall be discharged from furth

shall be discharged from further mili.

| tary restraint. 2. That persons who, * On the subject of “newspaper exclusion and sup- by the authority of the military com. pression," with interesting details, see McPherson's mond History of the Rebellion," pp. 188-194.

'mander or governor in rebel states

LS

CA. XXV.]
THE POLICY OF THE GOVERNMENT.

261 have been arrested and sent from such tions against the rebels, was to put state, for disloyalty or hostility to down lawless insurrection, and restore

the government of the United the authority of the Constitution. The 1862.

0 States, and are now in military southern leaders and traitors to the custody, may also be discharged, upon Union endeavored to excite terrible giving their parole to do no act of hos- apprehensions and arouse bitter hostility against the government of the tility, on the ground that the loyal United States, nor render aid to its states had in view the entire subjugaenemies. . . . 3. This order shall tion and conquest of the people, the not operate to discharge any person stirring up a slave rebellion, the de. who has been in arms against the gov- struction of all property, and every. ernment, or by force and arms has re- thing else that was foul and horrible. sisted, or attempted to resist the draft, The government made earnest efforts nor relieve any person from liability to to allay apprehensions and remove all trial and punishment by civil tribunals, cause for hostility. Every imputation or by court martial or military com- that the intention of our armies was to mission, who may be amenable to such destroy property and liberate the tribunals for offences committed.slaves, was repelled as false and slan

When Congress met, in December, derous. “In no way or manner," it 1862, this subject occupied a large was announced, “ did the government share of their attention; it was warmly desire to interfere with the laws con and fully discussed, and the result was, stitutionally established in the south that an act of indemnity was passed in ern states, or with their institutions of behalf of the president, and those under any kind whatever, their property of his orders, for whatever had been done, any sort, or their usages in any reand power was conferred giving him spect.” full authority to suspend the writ of This was the avowed policy of the habeas corpus whenever, in his judg. administration, so far as there was any ment, the public safety required it.* policy, at the outbreak of the rebellion,

It will have been noted by the and mainly during the years 1861 and reader that the government had, at 1862. Gen. Fremont's and Gen. Hun. various times, announced that its ob- ter's movements, in regard to the posiject, in its military and other opera tion of the slaves, and what to do with

them, were refused sanction by the * An indemnity bill was passed in the House, December 8th, by a vote of 90 to 45; two weeks after

government; and the more zealous and wards, thirty-six members of the House moved to enter radical of the supporters of Mr. Lincoln on the journal an elaborate protest against the bill, as a deliberate, palpable, and dangerous violation of the

made many serious complaints and Constitution. The list was headed by Geo. H. Pendle charges of backwardness and luketon, W. A. Richardson, C. L. Vallandingham, S. S. Cox,

warmness on the part of the president. tc. On motion of Mr. Stevens, the protest was tabled by a vote of 75 to 41. The bill respecting habeas cor It was evident that they regarded slar. pus, etc., as finally agreed upon by the two houses,

ery as the greatest of all evils, and that was passel and approved, March 3d, 1863.-See McPherson's History of the Rebellion,” pp. 183—187.

I they would not rest content witb any.

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thing short of its total destruction ; but the day urged the subject vehemently Mr. Lincoln hesitated at taking so de- and forcibly upon the president, and cided a step and abandoning the ground Mr. Lincoln, through the press, under heretofore held on this subject.

date of August 22d, gave utterance to On the 22d of July, a few days after his views, in his peculiar style and the adjournment of Congress, an order manner of argument. He declared that was issued in regard to the general use his one great aim was to save the of rebel property in the several mili- | Union, and that the question of slav tary departments, directing that miliery was wholly subordinate to this end ! tary commanders should seize any and aim. “My paramount object is to property necessary or convenient for save the Union, and not either to save i supplies, in any of the insurgent states; or destroy slavery. If I could save the that negroes should be employed and Union without freeing any slave I properly compensated as laborers; and would do it, and if I could save it by that accounts should be kept and fur- freeing all the slaves I would do it, and nished to the government in regard to if I could save it by freeing some and these various matters.

| leaving others alone I would also do Mr. Lincoln's favorite policy in regard that. What I do about slavery and to emancipation, was that of compen. I the colored race I do because I believe ! sation for the estimated value of the it helps to save this Union, and what slaves of loyal owners, and colonizing I forbear I forbear because I do not them in some part of Southern or Cen. I believe it would help to save the i tral America.* But neither of these Union.” plans met with general favor. The From the purport of this letter it i government was pressed, by its more may be gathered, that the president ardent supporters, to adopt and pro- was fast tending to that change claim some larger and inore definite icy which was soon after publicly an. policy as to the vexed question of slay. nounced. His position was such, and ery. It began to be felt, by both Mr. | the urgency of the party which supLincoln and the people, that something porte

e that something ported the president was such, that he positive must be done, and done speed. could no longer forbear taking a bold ily and effectively. The rebels were

and decided stand. Accordingly, on making use of the slaves as tillers of

the 22d of September, Mr. Lincoln the ground and laborers in military

issued his Emancipation Proclamation. operations, so as greatly to increase

It is a document of sufficient importtheir capability of resistance, and en: lance to be given

| ance to be given in full, and may be able all the white population to serve 10

found in the appendix to the present in the rebel army.

chapter. Several of the influential journals of l On the one hand the proclamation

was received with applause, and on the * For notice of the steps which were taken at the

other denounced vigorously. But, after previous session in regard to compensated emancipa. tion, colonization of the negroes, etc., see p. 148.

| all that was or could be said against

Cn. XXV.]

THIRTY-SEVENTH CONGRESS.

263

this change or development of the pol- footing, in general; the condition of icy of the government, the great body the finances was commended to their of the people were disposed to acqui “most diligent consideration ;":

1862. esce in the measure as a war measure, attention was called to the reand as a military act justified by a mili ports of the secretaries of war and tary necessity.*

the navy, and various interesting stateThe Thirty-seventh Congress began ments were made respecting the post its third session on the 1st day of De office department, the public lands, the cember, 1862. The friends and sup- Indian tribes, etc. The latter half of porters of the administration were the message was devoted to the subject largely in the majority, both in the of " compensated emancipation," in Senate and in the House, and the na- which Mr. Lincoln was profoundly in. tional legislature entered upon its work terested, and to which he gave the larg. with becoming zeal and diligence. The est and fullest consideration. The president's message was a document of reader may consult to advantage this great length, in which Mr. Lincoln part of the message; we have no room gave a review of the general condition for details or large quotation; its closof affairs at home and abroad, and ing paragraph was as follows: “Fel especially argued upon the question low citizens, we cannot escape history. of compensated emancipation. “ Since We of this Congress and this adminisyour last annual assembling," he said, tration will be remembered in spite of “another year of health and bountiful ourselves. No personal significance or harvests has passed, and while it has insignificance can spare one or another not pleased the Almighty to bless us of us. The fiery trial through which with the return of peace, we can but we pass will light us down in honor or press on, guided by the best light He dishonor to the latest generation. We gives us, trusting that, in His own say that we are for the Union. The good time and wise way, all will be world will not forget that we say this. well.” The relations with foreign na. We know how to save the Union. tions were stated to be on an amicable The world knows we do know how to

* In the rebel Congress, immediately on receipt of save it. We, even we here, hold the the Emancipation Proclamation, measures of retalia power, and bear the responsibility. In tion were strongly urged. Much violent invective was indulged in ; there was fierce talk of raising the giving freedom to the slave, we assure " black flag,” resorting to a war of extermination, etc. freedom to the free, honorable alike in The matter was finally handed over to Jeff. Davis, who,

'| what we give and what we preserve. on the 23d of December, issued a retaliatory proclamation, principally directed against Gen. B. F. Butler, We shall nobly save or meanly lose the and concluding with the following order : “That all 1st best bona of earth Other means

| last, best hope of earth. Other means megro slaves captured in arms be at once delivered over to the executive authority of the respective states to may succeed; this could not fail. The which they belong, to be dealt with according to the

way is plain-peaceful-generous—just laws of said states. That the like orders be executed In all cases with respect to all commissioned officers —a way which, if followed, the world of the United States, when found serving in company will forever applaud, and God must with said slaves in insurrection against the authorities of the different states of this Confederacy."

forever bless."

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