[Footnote 895: Appleton's _Cyclopaedia_, 1863, p. 689.]

At great length Lincoln replied to the resolutions forwarded by Corning. "In my own discretion," wrote the President, "I do not know whether I would have ordered the arrest of Mr. Vallandigham.... I was slow to adopt the strong measures which by degrees I have been forced to regard as being within the exceptions of the Const.i.tution and as indispensable to the public safety.... I think the time not unlikely to come when I shall be blamed for having made too few arrests rather than too many.... Must I shoot a simple-minded soldier boy who deserts, while I must not touch a hair of a wily agitator who induces him to desert? This is none the less injurious when effected by getting a father, a brother, or friend into a public meeting and then working upon his feelings till he is persuaded to write the soldier boy that he is fighting in a bad cause for a wicked administration and contemptible government, too weak to arrest and punish him if he shall desert."[896] This argument, undoubtedly the strongest that could be made in justification, found great favour with his party, but the danger Seymour apprehended lay in the precedent. "Wicked men ambitious of power, with hatred of liberty and contempt of law," said Justice Davis of the United States Supreme Court, in deciding a case of similar character, "may fill the place once occupied by Washington and Lincoln, and if this right [of military arrest] is conceded, and the calamities of war again befall us, the dangers to human liberty are frightful to contemplate."[897]

[Footnote 896: Appleton's _Cyclopaedia_, 1863, pp. 800-802. Lincoln, _Complete Works_, Vol. 2, p. 347.]

[Footnote 897: 4 Wallace, p. 125.]

Much as Seymour resented the arrest of Vallandigham, he did not allow the incident to interfere with his official action, and to the Secretary of War's call for aid when General Lee began his midsummer invasion of Pennsylvania, he responded promptly: "I will spare no effort to send you troops at once," and true to his message he forwarded nineteen regiments, armed and equipped for field service, whose arrival brought confidence.[898] But governed by the sinister reason that influenced him earlier in the year, he refused to acknowledge the President's letter of thanks, preferring to express his opinion of Administration methods unhindered by the exchange of courtesies. This he did in a Fourth of July address, delivered at the Academy of Music in New York City, in which he pleaded, not pa.s.sionately, not with the acrimony that ordinarily characterised his speeches, but humbly, as if asking a despotic conqueror to return the rights and liberty of which the people had been robbed. "We only ask freedom of speech,--the right to exercise all the franchises conferred by the Const.i.tution upon an American. Can you safely deny us these things?" Mingled also with pathetic appeals were joyless pictures of the ravages of war, and cheerless glimpses into the future of a Republic with its bulwarks of liberty torn away. "We stand to-day," he continued, "amid new made graves; we stand to-day in a land filled with mourning, and our soil is saturated with the blood of the fiercest conflict of which history gives us an account. We can, if we will, avert all these disasters and evoke a blessing. If we will do what? Hold that Const.i.tution, and liberties, and laws are suspended?

Will that restore them? Or shall we do as our fathers did under circ.u.mstances of like trial, when they battled against the powers of a crown? Did they say that liberty was suspended? Did they say that men might be deprived of the right of trial by jury? Did they say that men might be torn from their homes by midnight intruders?... If you would save your country and your liberties, begin at the hearthstone; begin in your family circle; declare that their rights shall be held sacred; and having once proclaimed your own rights, claim for your own State that jurisdiction and that government which we, better than all others, can exercise for ourselves, for we best know our own interests."[899]

[Footnote 898: Couch's report, _Official Records_, Vol. 27, Part 2, 214.]

[Footnote 899: Horatio Seymour, _Public Record_, pp. 118-124.

Ten days later, in the midst of riot and bloodshed, the _World_ said: "Will the insensate men at Washington now give ear to our warnings?

Will they now believe that defiance of law in the rulers breeds defiance of law in the people? Does the doctrine that in war laws are silent, please them when put in practice in the streets of New York?"--New York _World_, July 14, 1863.]

One week later, on Sat.u.r.day, July 11, the draft began in the Ninth Congressional District of New York, a portion of the city settled by labourers, largely of foreign birth. These people, repeating the information gained in neighbourhood discussions, violently denounced the Conscription Act as illegal, claiming that the privilege of buying an exemption on payment of $300 put "the rich man's money against the poor man's blood." City authorities apprehended trouble and State officials were notified of the threatened danger, but only the police held themselves in readiness. The Federal Government, in the absence of a request from the Governor, very properly declined to make an exception in the application of the law in New York on the mere a.s.sumption that violence would occur. Besides, all available troops, including most of the militia regiments, had been sent to Pennsylvania, and to withdraw them would weaken the Federal lines about Gettysburg.

The disturbance began at the corner of Forty-sixth Street and Third Avenue, the rioters destroying the building in which the provost-marshal was conducting the draft. By this time the mob, having grown into an army, began to sack and murder. Prejudice against negroes sent the rioters into hotels and restaurants after the waiters, some of whom were beaten to death, while others, hanged on trees and lamp-posts, were burned while dying. The coloured orphan asylum, fortunately after its inmates had escaped, likewise became fuel for the flames. The police were practically powerless. Street cars and omnibuses ceased to run, shopkeepers barred their doors, workmen dropped their tools, teamsters put up their horses, and for three days all business was stopped. In the meantime Federal and State authorities cooperated to restore order. Governor Seymour, having hastened from Long Branch, addressed a throng of men and boys from the steps of the City Hall, calling them "friends," and pleading with them to desist. He also issued two proclamations, declaring the city in a state of insurrection, and commanding all people to obey the laws and the legal authorities. Finally, the militia regiments from Pennsylvania began to arrive, and cannon and howitzers raked the streets. These quieting influences, coupled with the publication of an official notice that the draft had been suspended, put an end to the most exciting experience of any Northern community during the war.

After the excitement the _Tribune_ a.s.serted that the riot resulted from a widespread treasonable conspiracy,[900] and a letter, addressed to the President, related the alleged confession of a well-known politician, who, overcome with remorse, had revealed to the editors of the _Tribune_ the complicity of Seymour. Lincoln placed no reliance in the story, "for which," says Hay, "there was no foundation in fact;"[901] but Seymour's speech "intimated," says the Lincoln historian, "that the draft justified the riot, and that if the rioters would cease their violence the draft should be stopped."[902] James B.

Fry, provost-marshal general, substantially endorsed this view. "While the riot was going on," he says, "Governor Seymour insisted on Colonel Nugent announcing a suspension of the draft. The draft had already been stopped by violence. The announcement was urged by the Governor, no doubt, because he thought it would allay the excitement; but it was, under the circ.u.mstances, making a concession to the mob, and endangering the successful enforcement of the law of the land."[903]

[Footnote 900: New York _Tribune_, July 15, 1863.]

[Footnote 901: Nicolay-Hay, _Abraham Lincoln_, Vol. 7, p. 26.]

[Footnote 902: _Ibid._, p. 23.]

[Footnote 903: James B. Fry, _New York and the Conscription_, p. 33.]

Of the four reports of Seymour's speech, published the morning after its delivery, no two are alike.[904] Three, however, concur in his use of the word "friends,"[905] and all agree that he spoke of trying to secure a postponement of the draft that justice might be done. It was a delicate position in which he placed himself, and one that ever after gave him and his supporters much embarra.s.sment and cause for many apologies. Nevertheless, his action in nowise impugned his patriotism. a.s.suming the riot had its inception in the belief which he himself entertained, that the draft was illegal and unjust, he sought by personal appeal to stay the destruction of life and property, and if anyone in authority at that time had influence with the rioters and their sympathisers it was Horatio Seymour, who probably accomplished less than he hoped to.

[Footnote 904: New York _Tribune_, _Herald_, _Times_, and _World_, July 15; also, _Public Record of Horatio Seymour_, pp. 127-128.]

[Footnote 905: New York _Tribune_, _Herald_, and _Times_.]

Seymour's views in relation to the draft first appeared in August.

While the Federal authorities prepared the enrolment in June, the Governor, although his cooperation was sought, "gave no a.s.sistance,"

says Fry. "In fact, so far as the government officers engaged in the enrolment could learn, he gave the subject no attention."[906] On the day the drawing began, however, he became apprehensive of trouble and sent his adjutant to Washington to secure a suspension of the draft, but the records do not reveal the reasons presented by that officer.

Certainly no complaint was made as to the correctness of the enrolment or the a.s.signment of quotas.[907] Nevertheless, his delay taught him a lesson, and when the Federal authorities notified him later that the drawing would be resumed in August, he lost no time in beginning the now historic correspondence with the President. His letter of August 3 asked that the suspension of the draft be continued to enable the State officials to correct the enrolment, and to give the United States Supreme Court opportunity to pa.s.s upon the const.i.tutionality of the Conscription Act, suggesting the hope that in the meantime New York's quota might be filled by volunteers. "It is believed by at least one-half of the people of the loyal States," he wrote, "that the Conscription Act, which they are called upon to obey, is in itself a violation of the supreme const.i.tutional law.... In the minds of the American people the duty of obedience and the rights to protection are inseparable. If it is, therefore, proposed on the one hand to exact obedience at the point of the bayonet, and, upon the other hand, to shut off, by military power, all approach to our judicial tribunals, we have reason to fear the most ruinous results."[908]

[Footnote 906: James B. Fry, _New York and the Conscription_, p. 14.

"Seymour showed his lack of executive ability by not filling up the quota of New York by volunteers in less than a month after the Conscription Act was pa.s.sed. This a clever executive could easily have done and so avoided all trouble."--New York _Herald_, September 11, 1863.]

[Footnote 907: James B. Fry, _New York and the Conscription_, p. 32.]

[Footnote 908: _The Public Record of Horatio Seymour_, p. 153.]

This letter was neither gracious nor candid. While dealing in columns of figures to prove the inaccuracy of the enrolment, it concealed the fact that, although urged to cooperate with the enrolling officers, he had ignored their invitation to verify the enrolment. In menacing tones, too, he intimated "the consequences of a violent, harsh policy, before the const.i.tutionality of the Act is tested." It was evident he had given much thought to the question, but his prolixity betrayed the feeling of an official who, conscious of having erred in doing nothing in antic.i.p.ation of riot and bloodshed, wished now to make a big showing of duty performed.

Lincoln's reply not only emphasised the difference between the political apt.i.tude of himself and Seymour, but marked him as the more magnanimous and far the greater man. The President raised no issue as to enrolments, wasted no arguments over columns of figures, and referred in nowise to the past. He briefly outlined a method of verification which quickly established,--what might have been shown in June had the Governor given the matter attention,--an excess of 13,000 men enrolled in the Brooklyn and New York districts. Although he would be glad, said Lincoln, to facilitate a decision of the Court and abide by it,[909] he declined longer to delay the draft "because time is too important.... We are contending with an enemy who, as I understand, drives every able-bodied 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 are not sustained by recruits as they should be."[910]

[Footnote 909: The const.i.tutionality of the Conscription Act of March 3, 1863, was affirmed by the United States Circuit Courts of Pennsylvania and Illinois.]

[Footnote 910: _The Public Record of Horatio Seymour_, p. 156.]

When the drawing was resumed on August 19, 10,000 infantry and three batteries of artillery, picked troops from the Army of the Potomac, beside a division of the State National Guard, backed the Governor's proclamation counselling submission to the execution of the law. In this presence the draft proceeded peacefully.

Meanwhile, the loyal millions of the North, longing for victory in the field, found their prayers answered. Gettysburg and Vicksburg had pierced the spirit of the South, c.u.mberland Gap had liberated East Tennessee, Fort Smith and Little Rock supplied a firm footing for the army beyond the Mississippi, and the surrender of Port Hudson permitted Federal gunboats to pa.s.s unvexed to the sea. The rift in the war cloud had, indeed, let in a flood of sunlight, and, while it lasted, gave fresh courage and larger faith.

CHAPTER VI

SEYMOUR REBUKED

1863

The victories of Vicksburg and Gettysburg turned the Republican Union convention, held at Syracuse on September 2, into a meeting of rejoicing. Weed did not attend, but the Conservatives, led by Henry J.

Raymond and Edwin D. Morgan, boldly talked of its control. Ward Hunt became temporary chairman. Hunt was a lawyer whom politics did not attract. Since his unsuccessful effort to become a United States senator in 1857 he had turned aside from his profession only when necessary to strengthen the cause of the Union. At such times he shone as the representative of a wise patriotism. He did not belong in the cla.s.s of attractive platform speakers, nor possess the weaknesses of blind followers of party chieftains. His power rested upon the strength of his character as a well-poised student of affairs. What he believed came forcefully from a mind that formed its own judgments, and whether his words gave discomfort to the little souls that governed caucuses, or to the great journalists that sought to force their own policies, he was in no wise disturbed.

Upon taking the chair Hunt began his remarks in the tone of one who felt more than he desired to express, but as the mention of Gettysburg and Vicksburg revealed the unbounded enthusiasm of the men before him, the optimism that characterised the people's belief in the summer of 1863 quickly took possession of him, and he coupled with the declaration that the rebel armies were nearly destroyed, the opinion that peace was near at hand. For the moment the party seemed solidly united. But when the echoes of long continued cheering had subsided the bitterness of faction flashed out with increased intensity. To the Radicals, Raymond's suggestion of Edwin D. Morgan for permanent chairman was as gall and wormwood, and his talk of an entire new ticket most alarming. However, George Opd.y.k.e and Horace Greeley, the Radical leaders, chastened by the defeat of Wadsworth and the election of Morgan to the Senate, did not now forget the value of discretion.

Hunt's selection as temporary chairman had been a concession, and in the choice of a permanent presiding officer, although absolutely unyielding in their hostility to Morgan, they graciously accepted Abraham Wakeman, an apostle of the conservative school.[911] Their att.i.tude toward Morgan, however, cost Opd.y.k.e a place on the State Committee, and for a time threatened to exclude the Radicals from recognition upon the ticket.

[Footnote 911: Wakeman was postmaster at New York City.]

The refusal of men to accept nominations greatly embarra.s.sed Conservatives in harvesting their victory. Thomas W. Olcott of Albany was nominated for comptroller in place of Lucius Robinson. Of all the distinguished men who had filled that office none exhibited a more inflexible firmness than Robinson in holding the public purse strings.

He was honest by nature and by practice. Neither threats nor ingenious devices disturbed him, but with a fidelity as remarkable as it was rare he pushed aside the emissaries of extravagance and corruption as readily as a plow turns under the sod. After two years of such methods, however, the representatives of a wide-open treasury noisily demanded a change. But Olcott, a financier of wide repute, wisely declined to be used for such a purpose, and Robinson was accepted.

Daniel S. d.i.c.kinson, after the inconsequential treatment accorded him in the recent contest for United States senator, suddenly discovered that domestic reasons disabled him from serving longer as attorney-general. Then James T. Brady declined, although tendered the nomination without a dissenting voice. This reduced the convention, in its search for a conspicuous War Democrat, to the choice of John Cochrane, the well-known orator who had left the army in the preceding February. In choosing a Secretary of State the embarra.s.sment continued. Greeley encouraged the candidacy of Chauncey M. Depew, but concluded, at the last moment, that Peter A. Porter, the colonel of a regiment and a son of the gallant general of the war of 1812, must head the ticket.[912] Porter, however, refused to exchange a military for a civil office, and Depew was subst.i.tuted.

[Footnote 912: "Porter received 213 votes to 140 for Depew, who made a remarkable run under the circ.u.mstances."--New York _Herald_, September 3, 1863.

"Greeley sent for me some weeks before the convention and pressed me with such vigour to take a position upon the State ticket that I finally consented. He then secured from practically the whole State an endors.e.m.e.nt of the suggestion on my behalf. On the morning of the convention he suddenly decided that some one connected with the army must be chosen and sent around an order for a change of programme just before the roll was called. It was the most fortunate thing that could have happened to me, but created widespread distrust of his qualities as a leader."--Speech of Chauncey M. Depew, April 4, 1902. _Addresses of_, November, 1896, to April, 1902, pp. 238-239.]

Depew, then a young man of twenty-nine, gave promise of his subsequent brilliant career. He lived a neighbour to Horace Greeley, whom he greatly admired, and to whom he tactfully spoke the honeyed words, always so agreeable to the _Tribune's_ editor.[913] Perhaps no one in the State possessed a more pleasing personality. He made other people as happy as he was himself. To this charm of manner were added a singularly attractive presence, a pleasing voice, and the oratorical gifts that won him recognition even before he left Yale College. From the first he exhibited a marked capacity for public life. He had an unfailing readiness, a wide knowledge of affairs, a keen sense of the ridiculous, and a flow of clear and easy language which never failed to give full and precise expression to all that was in his mind. He rarely provoked enmities, preferring light banter to severe invective or unsparing ridicule. Among his a.s.sociates he was the prince of raconteurs. In conventions few men were heard with keener interest, and every Republican recognised the fact that a new force had come into the councils of the party. There never was a time when people regarded him as "a coming man," for he took a leading place at once.

In 1861, three years after his admission to the bar, the Peekskill voters sent him to the a.s.sembly, and the next year his colleagues selected him for speaker, an honour which he generously relinquished that his party might elect a United States senator. Now, within the same year, he found a place at the head of the ticket, which he led during the campaign with marked ability.[914]

[Footnote 913: "So far as politics were concerned, Greeley's affections seemed to be lavished on politicians who flattered and coddled him. Of this the rise of Governor Fenton was a striking example."--Andrew D. White, _Autobiography_, Vol. 1, p. 160.]

[Footnote 914: The State ticket was as follows: Secretary of state, Chauncey M. Depew of Westchester; Comptroller, Lucius Robinson of Chemung; Ca.n.a.l Commissioner, Benjamin F. Bruce of Madison; Treasurer, George W. Schuyler of Tompkins; State Engineer, William B. Taylor of Oneida; Prison Inspector, James K. Bates of Jefferson; Judge of Appeals, Henry S. Selden of Monroe; Attorney-General, John Cochrane of New York.]

The platform endorsed the Administration, praised the soldiers, opposed a peace that changed the Const.i.tution except in the form prescribed by it, deplored the creation of a spirit of partisan hostility against the Government, and promised that New York would do its full share in maintaining the Union; but it skilfully avoided mentioning the conscription act and the emanc.i.p.ation proclamation, which Seymour charged had changed the war for the Union into a war for abolition. When a delegate, resenting the omission, moved a resolution commending emanc.i.p.ation, Raymond reminded him that he was in a Union, not a Republican convention, and that many loyal men doubted the propriety of such an endors.e.m.e.nt. This position proved too conservative for the ordinary up-State delegate, and a motion to table the resolution quickly failed. Thereupon Charles A. Folger of Geneva moved to amend by adding the words, "and as a war measure is thoroughly legal and justifiable." Probably no man in the convention, by reason of his learning and solidity of character, had greater influence. In 1854 he left the Democratic party with Ward Hunt, whom he resembled as a lawyer, and whom he was to follow to the Court of Appeals and like him attain the highest eminence. Just then he was forty-five years old, a State senator of gentle bearing and stout heart, who dared to express his positive convictions, and whose suggested amendment, offered with the firmness of a man conscious of being in the right, encountered slight opposition.