Chapter 70

GOVERNOR SEYMOUR AND PRESIDENT LINCOLN

1863

Horatio Seymour did not become a member of the Union League, and his inaugural message of January 7 gave no indication of a change of heart. He spoke of his predecessor as having "shown high capacity" in the performance of his duties; he insisted that "we must emulate the conduct of our fathers, and show obedience to constituted authorities, and respect for legal and constitutional obligations;" he demanded economy and integrity; and he affirmed that "under no circumstances can the division of the Union be conceded. We will put forth every exertion of power; we will use every policy of conciliation; we will hold out every inducement to the people of the South, consistent with honour, to return to their allegiance; we will guarantee them every right, every consideration demanded by the Constitution, and by that fraternal regard which must prevail in a common country; but we can never voluntarily consent to the breaking up of the Union of these States, or the destruction of the Constitution." With his usual severity he opposed arbitrary arrests, deemed martial law destructive of the rights of States, and declared that the abolition of slavery for the purpose of restoring the Union would convert the government into a military despotism.

"It has been assumed," he said, "that this war will end in the ascendency of the views of one or the other of the extremes in our country. Neither will prevail. This is the significance of the late elections. The determination of the great Central and Western States is to defend the rights of the States, the rights of individuals, and to restore our Union as it was. We must not wear out the lives of our soldiers by a war to carry out vague theories. The policy of subjugation and extermination means not only the destruction of the lives and property of the South, but also the waste of the blood and treasure of the North. There is but one way to save us from demoralisation, discord, and repudiation. No section must be disorganised. All must be made to feel that the mighty efforts we are making to save our Union are stimulated by a purpose to restore peace and prosperity in every section. If it is true that slavery must be abolished by force; that the South must be held in military subjection; that four millions of negroes must be under the management of authorities at Washington at the public expense; then, indeed, we must endure the waste of our armies, further drains upon our population, and still greater burdens of debt. We must convert our government into a military despotism. The mischievous opinion that in this contest the North must subjugate and destroy the South to save our Union has weakened the hopes of our citizens at home, and destroyed confidence in our success abroad."[887]

[Footnote 887: Horatio Seymour, _Public Record_, pp. 85-105.]

Although this message failed to recognise the difference between a peaceable South in the Union and a rebellious South attempting to destroy the Union, it is not easy, perhaps, to comprehend how the acknowledged leader of the opposition, holding such views and relying for support upon the peace sentiment of the country, could have said much less. Yet the feeling must possess the student of history that a consummate politician, possessing Seymour's ability and popularity, might easily have divided with Lincoln the honor of crushing the rebellion and thus have become his successor. The President recognized this opportunity, saying to Weed that the "Governor has greater power just now for good than any other man in the country. He can wheel the Democratic party into line, put down rebellion, and preserve the government. Tell him for me that if he will render this service for his country, I shall cheerfully make way for him as my successor."[888] Seymour's reply, if he made one, is not of record, but Lincoln's message would scarcely appeal to one who disbelieved in the North's ability to subjugate the South. Later in the spring the President, unwilling to give the Governor up, wrote him a characteristic note. "You and I," said he, "are, substantially, strangers, and I write this chiefly that we may become better acquainted. As to maintaining the nation's life and integrity, I assume and believe there cannot be a difference of purpose between you and me. If we should differ as to the means it is important that such difference should be as small as possible; that it should not be enhanced by unjust suspicions on one side or the other. In the performance of my duty the coöperation of your State, as that of others, is needed,--in fact, is indispensable. This alone is a sufficient reason why I should wish to be at a good understanding with you. Please write me at least as long a letter as this, of course saying in it just what you think fit."[889]

[Footnote 888: T.W. Barnes, _Life of Thurlow Weed_, Vol. 2, p. 428.]

[Footnote 889: Nicolay-Hay, _Abraham Lincoln_, Vol. 7, pp. 10, 11.]

It is difficult to fathom the impression made upon Seymour by this letter. The more cultivated Democrats about him entertained the belief that Lincoln, somewhat uncouth and grotesque, was a weak though well-meaning man, and the Governor doubtless held a similar opinion. Moreover, he believed that the President, alarmed by the existence of a conspiracy of prominent Republicans to force him from the White House, sought to establish friendly relations that he might have an anchor to windward.[890] One can imagine the Governor, as the letter lingered in his hand, smiling superciliously and wondering what manner of man this Illinoisan is, who could say to a stranger what a little boy frequently puts in his missive, "Please write me at least as long a letter as this." At all events, he treated the President very cavalierly.[891] On April 14, after delaying three weeks, he wrote a cold and guarded reply, promising to address him again after the Legislature adjourned. "In the meanwhile," he concluded, "I assure you that no political resentments, or no personal objects, will turn me aside from the pathway I have marked out for myself. I intend to show to those charged with the administration of public affairs a due deference and respect, and to yield to them a just and generous support in all measures they may adopt within the scope of their constitutional powers. For the preservation of this Union I am ready to make any sacrifice of interest, passion, or prejudice."[892]

[Footnote 890: New York _Times_, August 18, 1879.]

[Footnote 891: "Governor Seymour was a patriotic man, after his fashion, but his hatred of the Lincoln Administration was evidently deep; and it was also clear that he did not believe that the war for the Union could be brought to a successful termination."--Andrew D. White, _Autobiography_, Vol. 1, p. 105.]

[Footnote 892: Nicolay-Hay, _Abraham Lincoln_, Vol. 7, p. 11.]

Seymour never wrote the promised letter. His inaugural expressed his honest convictions. He wanted no relations with a President who seemed to prefer the abolition of slavery and the use of arbitrary methods. A few days later, in vetoing a measure authorising soldiers to vote while absent in the army, he again showed his personal antipathy, charging the President with rewarding officers of high rank for improperly interfering in State elections, while subordinate officers were degraded "for the fair exercise of their political rights at their own homes."[893] John Hay did not err in saying "there could be no intimate understanding between two such men."[894]

[Footnote 893: Horatio Seymour, _Public Record_, p. 109.]

[Footnote 894: Nicolay-Hay, _Abraham Lincoln_, Vol. 7, p. 12.]

General Burnside's arrest of Clement L. Vallandigham of Ohio (May, 1863) increased Seymour's aversion to the President. Burnside's act lacked authority of law as well as the excuse of good judgment, and although the President's change of sentence from imprisonment in Fort Warren to banishment to the Southern Confederacy gave the proceeding a humorous turn, the ugly fact remained that a citizen, in the dead of night, with haste, and upon the evidence of disguised and partisan informers, had been rudely deprived of liberty without due process of law. Thoughtful men who reverenced the safeguard known to civil judicial proceedings were appalled. The Republican press of New York thought it indefensible, while the opposition, with unprecedented bitterness, again assailed the Administration. In a moment the whole North was in a turmoil. Everywhere mass meetings, intemperate speeches, and threats of violence inflamed the people. The basest elements in New York City, controlling a public meeting called to condemn the "outrage," indicated how easily a reign of riot and bloodshed might be provoked. To an assembly held in Albany on May 16, at which Erastus Corning presided, Seymour addressed a letter deploring the unfortunate event as a dishonour brought upon the country by an utter disregard of the principles of civil liberty. "It is a fearful thing," he said, "to increase the danger which now overhangs us, by treating the law, the judiciary, and the authorities of States with contempt. If this proceeding is approved by the government and sanctioned by the people, it is not merely a step toward revolution, it is revolution; it will not only lead to military despotism, it establishes military despotism. In this respect it must be accepted, or in this respect it must be rejected. If it is upheld our liberties are overthrown." Then he grew bolder. "The people of this country now wait with the deepest anxiety the decision of the Administration upon these acts. Having given it a generous support in the conduct of the war, we now pause to see what kind of government it is for which we are asked to pour out our blood and our treasure. The action of the Administration will determine, in the minds of more than one-half the people of the loyal States, whether this war is waged to put down rebellion in the South or to destroy free institutions at the North."[895]

[Footnote 895: Appleton's _Cyclopædia_, 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 Constitution 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 _Cyclopædia_, 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 passionately, 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 Constitution 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 Constitution, and liberties, and laws are suspended? Will that restore them? Or shall we do as our fathers did under circumstances 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 Saturday, 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 assumption 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 coöperated 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_ asserted 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 circumstances, 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 embarrassment and cause for many apologies. Nevertheless, his action in nowise impugned his patriotism. Assuming 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 coöperation was sought, "gave no assistance," 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 assignment 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 pass upon the constitutionality 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 constitutional 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 passed. 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 coöperate 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 constitutionality 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 anticipation 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 aptitude 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 constitutionality 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, Cumberland 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 pass 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.