The Act provided for a complete military census, for which purpose the country was divided into enrollment districts. Every able-bodied male citizen, or intending citizen, between the ages of twenty and forty-five, unless exempted for certain specified reasons, was to be enrolled as a member of the national forces; these forces were to be called to the colors--"drafted," the term was--as the Government found need of them; each successive draft was to be apportioned among the districts in the ratio of the military population, and the number required was to be drawn by lot; if the district raised its quota voluntarily, no draft would be made; any drafted man could offer a subst.i.tute or could purchase his discharge for three hundred dollars.

The latter provision especially was condemned by Stanton. It was seized upon by demagogues as a device for giving rich men an advantage over poor men.

American politics during the war form a wildly confused story, so intricate that it cannot be made clear in a brief statement. But this central fact may be insisted upon: in the North, there were two political groups that were the poles around which various other groups revolved and combined, only to fly asunder and recombine, with all the maddening inconstancy of a kaleidoscope. The two irreconcilable elements were the "war party" made up of determined men resolved to see things through, and the "copperheads"* who for one reason or another united in a faithful struggle for peace at any price. Around the copperheads gathered the various and singular groups who helped to make up the ever fluctuating "peace party." It is an error to a.s.sume that this peace party was animated throughout by fondness for the Confederacy. Though many of its members were so actuated, the core of the party seems to have been that strange type of man who sustained political evasion in the old days, who thought that sweet words can stop bullets, whose programme in 1863 called for a cessation of hostilities and a general convention of all the States, and who promised as the speedy result of a debauch of talk a carnival of bright eyes glistening with the tears of revived affection. With these strange people in 1863 there combined a number of different types: the still stranger, still less creditable visionary, of whom much hereafter; the avowed friends of the principle of state rights; all those who distrusted the Government because of its anti-slavery sympathies; Quakers and others with moral scruples against war; and finally, sincere legalists to whom the Conscription Act appeared unconst.i.tutional. In the spring of 1863 the issue of conscription drew the line fairly sharply between the two political coalitions, though each continued to fluctuate, more or less, to the end of the war.

* The term arose, it has been said, from the use of the copper cent with its head of Liberty as a peace b.u.t.ton. But a more plausible explanation a.s.sociates the peace advocates with the deadly copperhead snake.

The peace party of 1863 has been denounced hastily rather than carefully studied. Its precise machinations are not fully known, but the ugly fact stands forth that a portion of the foreign population of the North was roused in 1863 to rebellion. The occasion was the beginning of the first draft under the new law, in July, 1863, and the scene of the rebellion was the City of New York. The opponents of conscription had already made inflammatory attacks on the Government. Conspicuous among them was Horatio Seymour, who had been elected Governor of New York in that wave of reaction in the autumn of 1862. Several New York papers joined the crusade. In Congress, the Government had already been threatened with civil war if the act was enforced. Nevertheless, the public drawing by lot began on the days announced. In New York the first drawing took place on Sat.u.r.day, July 12th, and the lists were published in the Sunday papers. As might be expected, many of the men drawn were of foreign birth, and all day Sunday, the foreign quarter of New York was a cauldron boiling.

On Monday, the resumption of the drawing was the signal for revolt.

A mob invaded one of the conscription offices, drove off the men in charge, and set fire to the building. In a short while, the streets were filled with dense crowds of foreignborn workmen shouting, "Down with the rich men," and singing, "We'll hang Horace Greeley on a sour apple tree." Houses of prominent citizens were attacked and set on fire, and several drafting offices were burned. Many negroes who were seized were either clubbed to death or hanged to lamp posts. Even an orphan asylum for colored children was burned. The office of the "Tribune" was raided, gutted, and set on fire. Finally a dispatch to Stanton, early in the night, reported that the mob had taken possession of the city.

The events of the next day were no less shocking. The city was almost stripped of soldiers, as all available reserves had already been hurried south when Lee was advancing toward Gettysburg. But such militia as could be mustered, with a small force of federal troops, fought the mob in the streets. Barricades were carried by storm; blood was freely shed.

It was not, however, until the fourth day that the rebellion was finally quelled, chiefly by New York regiments, hurried north by Stanton--among them the famous Seventh--which swept the streets with cannon.

The aftermath of the New York riots was a correspondence between Lincoln and Seymour. The latter had demanded a suspension of the draft until the courts could decide on the const.i.tutionality of the Conscription Act.

Lincoln refused. With ten thousand troops now a.s.sembled in New York, the draft was resumed, and there was no further trouble.

The resistance to the Government in New York was but the most terrible episode in a protracted contention which involves, as Americans are beginning to see, one of the most fundamental and permanent questions of Lincoln's rule: how can the exercise of necessary war powers by the President be reconciled with the guarantees of liberty in the Const.i.tution? It is unfortunate that Lincoln did not draw up a fully rounded statement of his own theory regarding this problem, instead of leaving it to be inferred from detached observations and from his actions. Apparently, he felt there was nothing to do but to follow the Roman precedent and, in a case of emergency, frankly permit the use of extraordinary power. We may attribute to him that point of view expressed by a distinguished Democrat of our own day: "Democracy has to learn how to use the dictator as a necessary war tool."* Whether Lincoln set a good model for democracy in this perilous business is still to be determined. His actions have been freely labeled usurpation. The first notorious instance occurred in 1861, during the troubles in Maryland, when he authorized military arrests of suspected persons. For the release of one of these, a certain Merryman, Chief Justice Taney issued a writ of habeas corpus**. Lincoln authorized his military representatives to disregard the writ. In 1862 he issued a proclamation suspending the privileges of the writ of habeas corpus in cases of persons charged with "discouraging volunteer enlistments, resisting military drafts, or guilty of any disloyal practice...." Such persons were to be tried by military commissions.

*President Edwin A. Alderman, of the University of Virginia.

** The Const.i.tution permits the suspension of the privileges of the writ of habeas corpus "when in cases of rebellion or invasion the public safety may require it," but fails to provide a method of suspension. Taney held that the power to suspend lay with Congress. Five years afterward, when Chase was Chief Justice, the Supreme Court, in ex parte Milligan, took the same view and further declared that even Congress could not deprive a citizen of his right to trial by jury so long as the local civil courts are in operation.

The Confederate experience differed from the Federal inasmuch as Congress kept control of the power to suspend the writ. But both governments made use of such suspension to set up martial law in districts where the local courts were open but where, from one cause or another, the Administration had not confidence in their effectiveness.

Under ex parte Milligan, both Presidents and both Congresses were guilty of usurpation. The mere layman waits for the next great hour of trial to learn whether this interpretation will stand. In the Milligan case the Chief Justice and three others dissented.

There can be little doubt that this proclamation caused something like a panic in many minds, filled them with the dread of military despotism, and contributed to the reaction against Lincoln in the autumn of 1862.

Under this proclamation many arrests were made and many victims were sent to prison. So violent was the opposition that on March 3, 1863, Congress pa.s.sed an act which attempted to bring the military and civil courts into cooperation, though it did not take away from the President all the dictatorial power which he had a.s.sumed. The act seems; however, to have had little general effect, and it was disregarded in the most celebrated of the cases of military arrest, that of Clement L.

Vallandigham.

A representative from Ohio and one of the most vituperative anti-Lincoln men in Congress, Vallandigham in a sensational speech applied to the existing situation Chatham's words, "My lords, you cannot conquer America." He professed to see before him in the future nothing "but universal political and social revolution, anarchy, and bloodshed, compared with which the Reign of Terror in France was a merciful visitation." To escape such a future, he demanded an armistice, to be followed by a friendly peace established through foreign mediation.

Returning to Ohio after the adjournment of Congress, Vallandigham spoke to a ma.s.s-meeting in a way that was construed as rank treason by General Burnside who was in command at Cincinnati. Vallandigham was arrested, tried by court martial, and condemned to imprisonment. There was an immediate hue and cry, in consequence of which Burnside, who reported the affair, felt called upon also to offer to resign. Lincoln's reply was characteristic: "When I shall wish to supersede you I shall let you know. All the Cabinet regretted the necessity for arresting, for instance, Vallandigham, some perhaps doubting there was a real necessity for it; but being done, all were for seeing you through with it."

Lincoln, however, commuted the sentence to banishment and had Vallandigham sent through the lines into the Confederacy.

It seems quite plain that the condemnation of Lincoln on this issue of usurpation was not confined to the friends of the Confederacy, nor has it been confined to his enemies in later days. One of Lincoln's most ardent admirers, the historian Rhodes, condemns his course unqualifiedly. "There can be no question," he writes, "that from the legal point of view the President should have rescinded the sentence and released Vallandigham." Lincoln, he adds, "stands responsible for the casting into prison of citizens of the United States on orders as arbitrary as the lettres-de-cachet of Louis XIV." Since Mr. Rhodes, uncompromising Unionist, can write as he does upon this issue, it is plain that the opposition party cannot be dismissed as through and through disunionist.

The trial of Vallandigham made him a martyr and brought him the Democratic nomination for Governor of Ohio*. His followers sought to make the issue of the campaign the acceptance or rejection of military despotism. In defense of his course Lincoln wrote two public letters in which he gave evidence of the skill which he had acquired as a lawyer before a jury by the way in which he played upon the emotions of his readers.

* Edward Everett Hale's famous story "The Man Without a Country", though it got into print too late to affect the election, was aimed at Vallandigham. That quaint allegory on the lack of patriotism became a temporary cla.s.sic.

"Long experience [he wrote] has shown that armies cannot be maintained unless desertion shall be punished by the severe penalty of death.

The case requires, and the law and the Const.i.tution sanction, this punishment. 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, or brother, or friend into a public meeting, and there 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 a contemptible government, too weak to arrest and punish him if he shall desert. I think that in such a case to silence the agitator and save the boy is not only const.i.tutional, but, withal, a great mercy."

His real argument may be summed up in these words of his:

"You ask, in substance, whether I really claim that I may override all the guaranteed rights of individuals, on the plea of conserving the public safety--when I may choose to say the public safety requires it.

This question, divested of the phraseology calculated to represent me as struggling for an arbitrary prerogative, is either simply a question who shall decide, or an affirmation that n.o.body shall decide, what the public safety does require in cases of rebellion or invasion.

"The Const.i.tution contemplates the question as likely to occur for decision, but it does not expressly declare who is to decide it. By necessary implication, when rebellion or invasion comes, the decision is to be made, from time to time; and I think the man, whom for the time, the people have under the Const.i.tution, made the commander-in-chief of their army and navy, is the man who holds the power and bears the responsibility of making it. If he uses the power justly, the same people will probably justify him; if he abuses it, he is in their hands to be dealt with by all the modes they have reserved to themselves in the Const.i.tution."

Lincoln virtually appealed to the Northern people to secure efficiency by setting him momentarily above all civil authority. He asked them in substance, to interpret their Const.i.tution by a show of hands. No thoughtful person can doubt the risks of such a method; yet in Ohio, in 1863, the great majority--perhaps everyone who believed in the war--accepted Lincoln's position. Between their traditional system of legal juries and the new system of military tribunals the Ohio voters made their choice without hesitation. They rejected Vallandigham and sustained the Lincoln candidate by a majority of over a hundred thousand. That same year in New York the anti-Lincoln candidate for Secretary of State was defeated by twenty-nine thousand votes.

Though these elections in 1863 can hardly be called the turning-point in the history of the Lincoln Government, yet it was clear that the tide of popularity which had ebbed so far away from Lincoln in the autumn of 1862 was again in the flood. Another phase of his stormy course may be thought of as having ended. And in accounting for this turn of the tide it must not be forgotten that between the nomination and the defeat of a Vallandigham the b.l.o.o.d.y rebellion in New York had taken place, Gettysburg had been fought, and Grant had captured Vicksburg. The autumn of 1863 formed a breathing s.p.a.ce for the war party of the North.

CHAPTER IX. THE CRUCIAL MATTER

It is the custom of historians to measure the relative strength of North and South chiefly in terms of population. The North numbered 23,000,000 inhabitants; the South, about 9,000,000, of which the slave population amounted to 3,500,000. But these obvious statistics only partially indicate the real situation. Not what one has, but what one is capable of using is, of course, the true measure of strength. If, in 1861, either side could have struck swiftly and with all its force, the story of the war would have been different. The question of relative strength was in reality a question of munitions. Both powers were glaringly unprepared. Both had instant need of great supplies of arms and ammunition, and both turned to European manufacturers for aid. Those Americans who, in a later war, wished to make illegal the neutral trade in munitions forgot that the international right of a belligerent to buy arms from a neutral had prevented their own destruction in 1861. In the supreme American crisis, agents of both North and South hurried to Europe in quest of munitions. On the Northern side the work was done chiefly by the three ministers, Charles Francis Adams, at London; William L. Dayton, at Paris; and Henry S. Sanford, at Brussels; by an able special agent, Colonel George L. Schuyler; and by the famous banking-house of Baring Brothers, which one might almost have called the European department of the United States Treasury.

The eager solicitude of the War Department over the compet.i.tion of the two groups of agents in Europe informs a number of dispatches that are, today, precious admonitions to the heedless descendants of that dreadful time. As late as October, 1861, the Acting Secretary of War wrote to Schuyler, one of whose shipments had been delayed: "The Department earnestly hopes to receive...the 12,000 Enfield rifles and the remainder of the 27,000, which you state you have purchased, by the earliest steamer following. Could you appreciate the circ.u.mstances by which we are surrounded, you would readily understand the urgent necessity there is for the immediate delivery of all the arms you are authorized to purchase. The Department expects to hear that you have been able to conclude the negotiations for the 48,000 rifles from the French government a.r.s.enals." That the Confederate Government acted even more promptly than the Union Government appears from a letter of Sanford to Seward in May: "I have vainly expected orders," he complains, "for the purchase of arms for the Government, and am tempted to order from Belgium all they can send over immediately.... Meanwhile the workshops are filling with orders from the South.... It distresses me to think that while we are in want of them, Southern money is taking them away to be used against us."

At London, Adams took it upon himself to contract for arms in advance of instructions. He wrote to Seward: "Aware of the degree to which I exceed my authority in taking such a step, nothing but a conviction of the need in which the country stands of such a.s.sistance and the joint opinion of all the diplomatic agents of the United States...in Paris, has induced me to overcome my scruples." How real was the necessity of which this able diplomat was so early conscious, is demonstrated at every turn in the papers of the War Department. Witness this brief dispatch from Harrisburg: "All ready to leave but no arms. Governor not willing to let us leave State without them, as act of a.s.sembly forbids. Can arms be sent here?" When this appeal was made, in December, 1861, arms were pouring into the country from Europe, and the crisis had pa.s.sed. But if this appeal had been made earlier in the year, the inevitable answer may be guessed from a dispatch which the Ordnance Office sent, as late as September, to the authorities of West Virginia, refusing to supply them with arms because the supplies were exhausted, and adding, "Every possible exertion is being made to obtain additional supplies by contract, by manufacture, and by purchase, and as soon as they can be procured by any means, in any way, they will be supplied."

Curiously enough, not only the Confederacy but various States of the North were more expeditious in this all-important matter than Cameron and the War Department. Schuyler's first dispatch from London gives this singular information: "All private establishments in Birmingham and London are now working for the States of Ohio, Connecticut, and Ma.s.sachusetts, except the London Armory, whose manufacture is supposed to go to the Rebels, but of this last fact I am not positively informed.

I am making arrangements to secure these establishments for our Government, if desirable after the present State contracts expire. On the Continent, Messrs, Dayton and Sanford...have been making contracts and agreements of various kinds, of which you are by this time informed." Soon afterward, from Paris, he made a long report detailing the difficulties of his task, the limitations of the existing munitions plants in Europe, and promising among other things those "48,000 rifles from the French government a.r.s.enals" for which, in the letter already quoted, the War Department yearned. It was an enormous labor; and, strive as he would, Schuyler found American mail continuing to bring him such letters as this from the a.s.sistant Secretary of War in October: "I notice with much regret that [in the latest consignment] there were no guns sent, as it was confidently expected that 20,000 would arrive by the [steamship] Fulton, and accordingly arrangements had been made to distribute them through the different States. Prompt and early shipments of guns are desirable. We hope to hear by next steamer that you have shipped from 80,000 to 100,000 stand."

The last word on the problem of munitions, which was so significant a factor in the larger problem, is the report of the United States Ordnance Office for the first year of the war. It shows that between April, 1861, and June, 1862, the Government purchased from American manufacturers somewhat over 30,000 rifles, and that from European makers it purchased 726,000.

From these ill.u.s.trations it is therefore obvious that the true measure of the immediate strength of the American contestants in 1861 was the extent of their ability to supply themselves from Europe; and this, stated more concretely, became the question as to which was the better able to keep its ports open and receive the absolutely essential European aid. Lincoln showed his clear realization of the situation when he issued, immediately after the first call for volunteers, a proclamation blockading the Southern coasts. Whether the Northern people at the time appreciated the significance of this order is a question.

Amid the wild and vain clamor of the mult.i.tude in 1861, with its conventional and old-fashioned notion of war as a thing of trumpets and glittering armies, the North seems wholly to have ignored its fleet; and yet in the beginning this resource was its only strength.

The fleet was small, to be sure, but its task was at first also small.

There were few Southern ports which were doing a regular business with Europe, and to close these was not difficult. As other ports opened and the task of blockade grew, the Northern navy also increased. Within a few months, to the few observers who did not lose their heads, it was plain that the North had won the first great contest of the war. It had so hampered Southern trade that Lincoln's advantage in arming the North from Europe was ten to one. At the very time when detractors of Lincoln were hysterical over the removal of Fremont, when Grimes wrote to Fessenden that the country was going to the dogs as fast as imbecility could carry it, this great achievement had quietly taken place. An expedition sailing in August from Fortress Monroe seized the forts which commanded Hatteras Inlet off the coast of North Carolina. In November, Commander Dupont, U. S. N., seized Port Royal, one of the best harbors on the coast of South Carolina, and established there a naval base.

Thenceforth, while the open Northern ports received European munitions without hindrance, it was a risky business getting munitions into the ports of the South. Only the boldest traders would attempt to "run the blockade," to evade the Federal patrol ships by night and run into a Southern port.

However, for one moment in the autumn of 1861, it seemed as if all the masterful work of the Northern navy would be undone by the Northern people themselves in backing up the rashness of Captain Charles Wilkes, of the war-ship San Jacinto. On the high seas he overhauled the British mail steamer, Trent. Aboard her were two Confederate diplomatic agents, James M. Mason and John Slidell, who had run the blockade from Charleston to Havana and were now on their way to England. Wilkes took off the two Confederates as prisoners of war. The crowd in the North went wild. "We do not believe," said the New York Times, "that the American heart ever thrilled with more sincere delight."

The intemperate joy of the crowd over the rashness of Wilkes was due in part to a feeling of bitterness against the British Government. In May, 1861, the Queen had issued a proclamation of neutrality, whose justification in international law was hotly debated at the time and was generally denied by Northerners. England was the great cotton market of the world. To the excited Northern mind, in 1861, there could be but one explanation of England's action: a partisan desire to serve the South, to break up the blockade, and to secure cotton. Whether such was the real purpose of the ministry then in power is now doubted; but at that time it was the beginning of a sharp contention between the two Governments. The Trent affair naturally increased the tension. So keen was the indignation of all cla.s.ses of Englishmen that it seemed, for a moment, as if the next step would be war.

In America, the prompt demand for the release of Mason and Slidell was met, at first, in a spirit equally bellicose. Fortunately there were cool and clear heads that at once condemned Wilkes's action as a gross breach of international law. Prominent among these was Sumner. The American Government, however, admitted the justice of the British demand and the envoys were released.

Relations with the United States now became a burning issue in English politics. There were three distinct groups in Parliament. The representatives of the aristocracy, whether Liberals or Conservatives, in the main sympathized with the South. So did most of the large manufacturers whose business interests were affected by cotton. Great bitterness grew up among the Northerners against both these groups, partly because in the past many of their members had condemned slavery and had said scornful things about America for tolerating it. To these Northerners the Englishmen replied that Lincoln himself had declared the war was not over slavery; that it was an ordinary civil war not involving moral issues. Nevertheless, the third Parliamentary group insisted that the American war, no matter what the motives of the partic.i.p.ants, would, in the event of a Northern victory, bring about the abolition of slavery, whereas, if the South won, the result would be the perpetuation of slavery. This third group, therefore, threw all its weight on the side of the North. In this group Lincoln recognized his allies, and their cause he identified with his own in his letter to English workmen which was quoted in the previous chapter. Their leaders in Parliament were Richard Cobden, W. E. Forster, and John Bright.

All these groups were represented in the Liberal party, which, for the moment, was in power.

In the Cabinet itself there was a "Northern" and a "Southern" faction.

Then, too, there were some who sympathized with the North but who felt that its cause was hopeless--so little did they understand the relative strength of the two sections--and who felt that the war was a terrible proof of the uselessness of mere suffering. Gladstone, in later days, wished to be thought of as having been one of these, though at the time, a famous utterance of his was construed in the North as a declaration of hostility. To a great audience at Newcastle he said in October, 1862: "We may have our own opinions about slavery; we may be for or against the South; but there is no doubt that Jefferson Davis and other leaders of the South have made an army; they are making, it appears, a navy; and they have made, what is more than either--they have made a nation."

The Prime Minister, Lord Palmerston, wished to intervene in the American war and bring about an amicable separation into two countries, and so, apparently, did the Foreign Secretary, Lord John Russell. Recently, the American minister had vainly protested against the sailing of a ship known as 290 which was being equipped at Liverpool presumably for the service of the Confederacy, and which became the famous Alabama. For two years it roved the ocean destroying Northern commerce, and not until it was sunk at last in a battle with the U. S. S. Kearsarge did all the maritime interests of the North breathe again freely. In time and as a result of arbitration, England paid for the ships sunk by the Alabama.

But in 1862, the protests of the American minister fell on deaf ears.

It must be added that the sailing of the Alabama from Liverpool was due probably to the carelessness of British officials rather than to deliberate purpose. And yet the fact is clear that about the first of October, 1862, the British ministry was on the verge of intervening to secure recognition of the independence of the Southern confederacy. The chief motive pressing them forward was the distress in England caused by the lack of cotton which resulted from the American blockade. In 1860, the South had exported 615,000 bales; in 1861, only 10,127 bales. In 1862 half the spindles of Manchester were idle; the workmen were out of employment; the owners were without dividends. It was chiefly by these manufacturing capitalists that pressure was put upon the ministry, and it was in the manufacturing district that Gladstone, thinking the Government was likely to intervene, made his allusion to the South as a nation.

Meanwhile the Emperor of the French was considering a proposal to England and Russia to join with him in mediation between the American belligerents. On October 28, 1862, Napoleon III gave audience to the Confederate envoy at Paris, discussed the Southern cause in the most friendly manner, questioned him upon the Maryland campaign, plainly indicated his purpose to attempt intervention, and at parting cordially shook hands with him. Within a few days the Emperor made good his implied promise.

The month of November, 1862, is one of the turning-points in American foreign relations. Both Russia and England rejected France's proposal.

The motive usually a.s.signed to the Emperor Alexander is his hatred of everything a.s.sociated with slavery. His own most famous action was the liberation of the Russian serfs. The motives of the British ministry, however, appear more problematical.