THE RIOT STOPPED-GOV. SEYMOUR ON THE DRAFT. 507 a small body of soldiers under Capt. | quickly subsided when that was overPutnam, 12th regulars, whom Gen. Harvey Brown, commanding in the city under Gen. Wool, had sent to quell the riot, and who did it, by ordering his men to fire at those who were hurling missiles at them from the house-tops, while a body of artillerymen entered the houses and made prisoners of their male inmates. Capt. Putnam returned 13 killed, 18 wounded, and 24 prisoners; while of his men but two or three suffered injury. The whole amount of property destroyed by the rioters, for which the City was held responsible to the owners, was valued at about $2,000,000. borne. So there was, at different periods of the War, forcible resistance offered to conscription in two or three counties of Wisconsin, perhaps a few more of Pennsylvania, and possibly two or three other localities. But in no single instance was there a riot incited by drafting, wherein Americans by birth bore any considerable part, nor in which the great body of the actors were not born Europeans, and generally of recent importation. Considering how widespread, earnest, intense, was the feeling of repugnance to the War, especially after it had assumed an antiSlavery aspect, this fact tends strongly to establish the natural strength in a republic of the sentiment of deference to law and to rightful authority, even when that authority is held to be abused or perverted. Gov. Seymour next appealed" to During this night and the following day, several regiments of our disciplined Militia arrived, on their return from Pennsylvania, soon followed by other regiments of veterans from the Army of the Potomac; and it would not thereafter have been safe to attempt rioting. The City authorities now appropriated large (borrowed) the President, urging a suspension of sums to pay bounties for volunteers; the Draft, because of the alleged exso that the City's quotas were sub-cessive quota required of the urban stantially filled without recourse to districts of his State-saying drafting: the Government much preferring volunteers, of course, but utterly unwilling, because unable, to forego a resort to drafting when men were not otherwise forthcoming. In other words, it could not admit that its right to endure depended on the volunteering in sufficient numbers of citizens to defend its existence. There were simultaneous and subsidiary riots in Boston, in Jersey City, and at Troy and Jamaica, N.Y.; with preliminary perturbations in many other places; but all these were plainly sympathetic with and subordinate to the New York effort, and 38 owes this to itself; as these inequalities fall "It is just to add that the Administration most heavily on those districts which have been opposed to its political views." He further insisted that the enforcement of the Draft be postponed till after its constitutionality shall have been adjudged by the courtssaying: "It is believed by at least one-half of the people of the loyal States that the Conscription Act, which they are called upon to obey because it is on the statute-book, is in itself a violation of the supreme constitutional law. There is a fear and suspicion that, while they are threatened with the severest penalties of the law, they are to be deprived of its probelieve would be the consequence of a viotection. *** I do not dwell upon what I lent, harsh policy before the constitutionalAug. 3. ity of the Act is tested. You can scan the immediate future as well as I. The temper of the people to-day you can readily learn." At this time, Democratic organizations and meetings were denouncing the Draft as unconstitutional, and calling on the Governor to invoke the military power of the State to maintain its sovereignty and rightful jurisdiction, and protect its citizens from a ruthless conscription. 39 to President Lincoln, in response the Governor's appeal, after proposing to suspend the Draft in the City districts, in so far as it was claimed to be excessive, until after a fair and rigid scrutiny, said: "I do not object to abide the decision of the United States Supreme Court, or of the Judges thereof, on the constitutionality of the Draft law. In fact, I should be willing to facilitate the obtaining of it. But I cannot consent to lose the time while it is being obtained. We are contending with an enemy who, as I understand, drives every ablebodied man he can reach into his ranks, very much as a butcher drives bullocks into a slaughter-pen. No time is wasted, no argument is used. This produces an army which will soon turn upon our now victorious soldiers already in the field, if they shall not be sustained by recruits as they should be. It produces an army with a rapidity not to be matched on our side, if we first waste time to rëexperiment with the volunteer system, already deemed by Congress, and palpably, in fact, so far exhausted as to be inadequate; and then more time to obtain a Court decision as to whether a law is con stitutional which requires a part of those not now in the service to go to the aid of those who are already in it; and still more time to determine with absolute certainty that we get those who are to go in the precisely legal proportion to those who are not to go. My purpose My purpose is to be in my action just and constitutional, and yet practical, in performing the important duty with which Vermont-the first to vote thereof her always heavy Republican maafter *—did, indeed, show a reduction jority-the Democratic party having made no effort" in 1862, and now doing its best; whereas, her election in the former year had been unaffected by the wave of depression and discouragement that swept soon afterward over the loyal States. California voted next : throughout by a very large majority13 going 'Union' nearly equal to that of 1861; but Maine-voting somewhat later felt the full impulse of the swelling tide, and showed it in her vote.* 42 44 But the October Elections were far more significant and decisive. In Pennsylvania, Gov. Andrew G. Curtin-who had aided the war to the extent of his ability—was presented by the Republicans for rëelection; while the Democrats opposed to him Judge Geo. W. Woodward," who, it was certified, had declared in 1861"If the Union is to be divided, I want the line of separation run north of Pennsylvania”—and who, not far from the day of election, united with 66 Democratic. Redfield, 11,962. 1863 Democratic. Gov. F. F. Low, 64,447. Downey, 44,715. War Dem. Repub. Gov. Coburn, Jameson, 45,534 7,178 Gov. Cony, 68,299 Peace Dem. Bradbury, 32,331 Bradbury, 50,583 46 See his' Peace' speech, Vol. I., pp. 363-5. 1 viewed and reversed" the decision pronounced by Chief Justice Lowrie. Said Judge Agnew, in his opinion : CURTIN REELECTED-VALLANDIGHAM DEFEATED. 509 his Democratic brethren on the bench | by the election of Judge Agnew, reof the Supreme Court in adjudging the Enrollment Act unconstitutional. It was hardly possible to make an issue more distinctly than was here made between the supporters and the contemners of the War for the Union; yet Gen. McClellan-still a MajorGeneral in full pay, though not in active service-wrote a letter for publication in the canvass, wherein he declared that Having, some days ago, had a full conversation with Judge Woodward, I find that our views agree; and I regard his election as Governor of Pennsylvania called for by the interests of the nation." The canvass in this State was exceedingly animated and earnest; the vote polled at the election" exceeded, by many thousands, any ever cast before; and the result was decisive. Though the vote of the preceding year had shown no decided preponderance of either party," but gave the Legislature and a U. S. Senator to the Democrats, that of 1863 reelected Gov. Curtin by more than 15,000" majority, and established the ascendency of the Republicans in every branch of the State Government. For as if to render the popular verdict more emphatic-Chief Justice Lowrie, who pronounced the decision of the Supreme Court, adjudging the Enrollment Act unconstitutional, was a candidate for rëelection, opposed by Daniel Agnew, Republican, by whom-though comparatively unknown to the people-he was conclusively beaten." And the Court, as thus reconstituted "The constitutional authority to use the national forces creates a corresponding duty to provide a number adequate to the necessity. sity. The duty is vital and essential, falling back on the fundamental right of selfpreservation, and the powers expressed to declare war, raise armies, maintain navies, and provide for the common defense. Power and duty now go hand in hand with the extremity, until every available man in the nation is called into service, if the emergency requires it; and of this there can be no judge but Congress." Justices David Davis (Circuit) and S. H. Treat (District) in Illinois," and Justice Nathan K. Hall (District) in Northern New York, also pronounced judgments in cases brought before them, affirming the constitutionality of the Enrollment Act and of drafting under it. No Federal Judge ever made a contrary decision. 54 Ohio-by reason of the unrevoked and continuing banishment of Mr. Vallandigham-was the arena of a contest equally earnest and somewhat more heated. The public meetings, especially those of the Democrats, were enormously attended throughout the canvass, and were brimmed with enthusiasm. Yet, when the vote was polled," the Democratic majority of 5,000 on Secretary of State, in 1862, was found to have given place to a 'Union' majority on Governor of over One Hundred Thousand, and, even without the Soldiers' vote, of more than Sixty Thousand." And, though the majority on the residue of the ticket was 11Jan. 16, 1864. 52 June 16, 1864. Oct. 8. Kennon, Rep., 178,755; Armstrong, Dem., 184,332. 61 55 63 Brough, 288,661; Vallandigham, 187,562. 55 Brough, 247,194; Vallandigham, 185,274. somewhat less, it still ranged from 96,445 up to 97,479; while the new Legislature stood 29 to 5 in the Senate and 73 to 24 in the House. Yet the soldiers in the field-who had given 41,467 votes for Brough to 2,288 for Vallandigham-regretted that the election had not taken place before instead of soon after the sanguinary battle of Chickamauga; which, they safely calculated, had reduced Gov. Brough's majority by several thousand votes. 57 Of the Western States, Indiana and Illinois chose only county or local officers this year; but the results as to these sufficed to show that a great revolution had taken place, and that their Democratic Legislatures, elected in 1862, and the U. S. Senators chosen " by them, were already disowned by their constituents. Iowa elected a Legislature almost entirely Republican, and a Governor and Judge of like faith by over 30,000 majority; 5 Wisconsin likewise-not voting till later"-rolled up a very heavy majority on every ticket, though she had been very evenly divided in 1862, and had only been saved by the votes of her soldiers in the field from going " Democratic at a Judicial election in April of this year. Minnesota of course went Re 58 60 62 publican now, by a majority largely above that of last year. In Michigan-which only elected by general vote a Regent of her University in 1863, and this early in the yearthere was an inconsiderable increase in the Republican majority and vote." 64 In the Atlantic States, but especially in New York-the arena of the most formidable and bloodiest of the Draft Riots-the popular reaction evinced by the State Election of 1863 was most incontestable: Gov. Seymour's majority of over 10,000 in '62 being reversed by one of nearly 30,000 for the Republican State ticket, with a corresponding Legislature; while Massachusetts-upon à far lighter vote than in '62-gave a much larger majority." And Maryland filled the measure of National triumph by electing Unionists to Congress in four of her five districts, and, for the first time, a distinctively Emancipation Controller and Legislature by some 20,000 majority. New Jersey chose only a Legislature this year, and hence evinced no essential. change; while in Delaware, which had to choose specially a Representative in Congress, the Democrats withdrew their candidate on the eve of Election, insisting that the voters were to be overawed, if not worse, 60 Total vote for Governor: James T. Lewis (Repub.), 79,959; Palmer (Dem.), 55,248. 61 Home vote: Repub., 51,948 Dem., 56,840 Soldiers' " 9,440 1,747 BLACK SOLDIERS IN THE REVOLUTIONARY WAR. 511 | by Federal provost marshals and sol- tary 'cöercion,' that public opinion diers, under the guise of repressing had by this time grown to the full disloyal utterances and seditious stature of the Proclamation of Freemanifestations. The results in Ken- dom, and had settled into a determitucky, Missouri, and other Slave nation that Slavery must die and the States than Maryland, had very little Union survive, through the overthrow enduring or general significance; by force of all forcible resistance to but it was evident, from the verdict the integrity and rightful authority of the States nowise exposed to Mili- of the one Republic. XXII. NEGRO SOLDIERY. THE first fatal collision' between | Lawrence, of Groton, Mass., is reBritish soldiers and American pat- ported as having, at an early day, riots was popularly distinguished as commanded a company of negroes in 'the Boston Massacre;' and Crispus the 'Continental' line. But Slavery Attucks, a mulatto fugitive from was then cherished in nearly all the Massachusetts Slavery, was a leader organized colonies; and its inconof the patriot mob, and one of the sistency with the embodiment of four killed outright by the British its victims in the armies of Freedom fire. At the fight of Bunker Hill," was felt to be so galling that the Peter Salem, one of the enfranchised Committee of Safety judiciously renegroes who manned the slight breast- solved:" works so gallantly defended, shot dead Maj. Pitcairn, of the British marines, who, in the final struggle, had scaled the redoubt, shouting, "The day is our own!" and was commanding the 'Rebels' to surrender. Negroes and mulattoes largely swelled the motley host of raw but gallant patriots suddenly collected around Boston by the tidings of Lexington, Concord, and Bunker Hill, and were freely accepted in regiments mainly White; though Maj. Samuel 3 "That it is the opinion of this Committee, as the contest now between Great Britain and the Colonies respects the liberties and privileges of the latter, which the Colonies are determined to maintain, that into the army now raising, but only such the admission of any persons, as soldiers, as are freemen, will be inconsistent with * the principles that are to be supported, and reflect dishonor on this Colony; and that no slaves be admitted into this army upon any consideration whatever." This rescript did not forbid the enlistment or retention of negroes or mulattoes, but only of those still held in bondage. Many were thereupon as their other rights. They took their place, not in a separate corps, but in the ranks with the White man; and their names may be read on the pension-rolls of the country, side by side with those of other soldiers of the Revolution." -Bancroft's History of the United States, vol. vii., * May 20, 1775. 2 June 17, 1775. "Nor should history forget to record that, as in the army at Cambridge, so also in this gallant band, the free negroes of the colony had their representatives. For the right of free negroes to bear arms in the public defense was, at that day, as little disputed in New England | p. 421. 4 |