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.

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) sums to pay bounties for volunteers; so that the City's quotas were substantially filled without recourse to 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

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 the President, urging a suspension of the Draft, because of the alleged excessive quota required of the urban districts of his State-saying

"It is just to add that the Administration owes this to itself; as these inequalities fall 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. are threatened with the severest penalties There is a fear and suspicion that, while they of the law, they are to be deprived of its protection. * * * I do not dwell upon what I believe would be the consequence of a violent, harsh policy before the constitutional

ity of the Act is tested. You can scan the | I am charged, of maintaining the unity and immediate future as well as I. The temper the free principles of our common counof the people to-day you can readily learn." try."

CURTIN

EELECTED-VALLANDIGHAM DEFEATED.

509

his Democratic brethren on the bench | by the election of Judge Agnew, re

of 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

viewed and reversed the decision pronounced by Chief Justice Lowrie. Said Judge Agnew, in his opinion :

"The constitutional authority to use the national forces creates a corresponding duty to provide a number adequate to the necessity. 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.

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

61 Jan. 16, 1864. 52 June 16, 1864. 63 Oct. 8. 54 Kennon, Rep., 178,755; Armstrong, Dem., 184,332.

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.

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; ** 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

*

67 Charles R. Buckalew in Pennsylvania ; Thomas A. Hendricks in Indiana.

58 The rival candidates for Governor were Col. Wm. M. Stone (Republican) and Gen. S. Tuttle (Democrat), both at that time in the volunteer service. Their official vote is not at hand; but it was very nearly that cast at the same election for Judge of the Supreme Court, which was as follows:

Home. Soldiers'. Total. Dillon (Repub.).....68,306 17,435 85,741 Mason (Dem.)......50,829 2,289 53,068

Repub. majority, 17,477 15,046 32,673 59 Nov. 3.

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.3 In the Atlantic States, but especially in New York-the arena of the most formidable and bloodiest of the Draft Riots-the popular rëaction 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 a 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,

Total-Dixon,

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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 61,388 Cothren, 58,587 62 In 1862 (Cong.), Repub., 15,754 Dem. 11,442 In 1863 (Gov.), 19,515 12,722 63 In 1862-Gov., Repub., 67,716 Dem. 62,102 In 1863-Regent, 68,992 61,913 64 Total vote for Sec. State: Depew (Repub.), 314,347; St. John (Dem.), 284,942.

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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 Kentucky, Missouri, and other Slave States than Maryland, had very little enduring or general significance; but it was evident, from the verdict of the States nowise exposed to Mili- of the one Republic.

dom, and had settled into a determination that Slavery must die and the Union survive, through the overthrow by force of all forcible resistance to the integrity and rightful authority

THE first fatal collision between | Lawrence, of Groton, Mass., is re

British soldiers and American patriots was popularly distinguished as 'the Boston Massacre;' and Crispus Attucks, a mulatto fugitive from Massachusetts Slavery, was a leader of the patriot mob, and one of the four killed outright by the British fire. At the fight of Bunker Hill, Peter Salem, one of the enfranchised negroes who manned the slight breastworks 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

ported as having, at an early day, commanded a company of negroes in the 'Continental' line. But Slavery was then cherished in nearly all the organized colonies; and its inconsistency with the embodiment of its victims in the armies of Freedom was felt to be so galling that the Committee of Safety judiciously resolved :*

"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 the admission of any persons, as soldiers, into the army now raising, but only such 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