CHAPTER XXIV.

THE DRAFT RIOTS.

ATTITUDE OF THE DEMOCRATIC PARTY--VALLANDIGHAM BANISHED--SPEECH OF

EX-PRESIDENT PIERCE--SPEECH OF HORATIO SEYMOUR--LAW OF SUBSTITUTES

PERSISTENTLY MISINTERPRETED--THE DRAFT IN NEW YORK--THE RIOTS--THE

AUTUMN ELECTIONS.

The second attempt at invasion by Lee had ended at Gettysburg even

more disastrously than the first, and he returned to Virginia at the

head of hardly more than one-half of the army with which he had set

out; on the next day Vicksburg fell, the Mississippi was opened, and

Pemberton's entire army stacked their muskets and became prisoners.

Then the war should have ended; for the question on which the appeal

to arms had been made was practically decided. Four great slave

States--Maryland, Kentucky, Tennessee, and Missouri--had never really

joined the Confederacy, though some of them were represented in its

Congress, and the territory that it actually held was steadily

diminishing. The great blockade was daily growing more effective, the

largest city in the South had been held by National troops for fifteen

months, and the Federal authority was maintained somewhere in every

State, with the sole exception of Alabama. The delusion that Southern

soldiers would make a better army, man for man, than Northern, had

long since been dispelled. The nation had suffered from incompetent

commanders; but time and experience had weeded them out, and the

really able ones were now coming to the front. The taboo had been

removed from the black man, and he was rapidly putting on the blue

uniform to fight for the enfranchisement of his race. Lincoln with his

proclamation, and Meade and Grant with their victories, had destroyed

the last chance of foreign intervention. In the military situation

there was nothing to justify any further hope for the Confederacy, or

any more destruction of life in the vain endeavor to disrupt the

Union. If there was any justification for a continuance of the

struggle on the part of the insurgents, it was to be found only in a

single circumstance--the attitude of the Democratic party in the

Northern States; but it must be confessed that this was such as to

give considerable color to their expectation of ultimate success.

[Illustration]

The habitual feeling of antagonism to the opposite party, from which

few men in a land of popular politics are ever wholly free, was

reinforced by a sincere belief on the part of many that the

Government, in determining to crush the rebellion, had undertaken a

larger task than it could ever accomplish. This belief was born of an

ignorance that it was impossible to argue with, because it supposed

itself to be enlightened and fortified by great historical facts. Both

conscious and unconscious demagogues picked out little shreds of

history and formulated phrases and catch-words, which village

newspapers and village statesmen confidently repeated as unanswerable

arguments from the experience of nations. Thus Pitt's exclamation

during the war of American independence, "You cannot conquer America!"

was triumphantly quoted thousands of times, as an argument for the

impossibility of conquering the South. Assertions were freely made

that the despotism of the Administration (in trying to save the

National armies from useless slaughter, by arresting spies and

traitors at the North) exceeded anything ever done by Cæsar or the

Russian Czar. The word "Bastile" was given out, without much

explanation, and was echoed all along the line. The war Governors of

the free States, and especially the provisional military Governors in

Tennessee and Louisiana, were called Lincoln's satraps; and "satraps,"

with divers pronunciations, became a popular word. The fathers of the

Republic were all mentioned with sorrowful reverence, and it was

declared that the Constitution they had framed was destroyed--not by

the Secessionists, but by Mr. Lincoln and his advisers. Somebody

invented a story that Secretary Seward had said he had only to reach

forth his hand and ring a bell, and any man in the country whom he

might designate would at once be seized and thrown into prison;

whereupon "the tinkle of Seward's little bell" became a frequent

head-line in the Democratic journals. The army before Vicksburg was

pointed at in derision, as besieging a place that could never be

taken.

It did not occur to any of these orators and journalists to explain

the difference between an ocean three thousand miles wide, and the

Rappahannock River; or the difference between an absolute monarch born

to the purple, and a president elected by a free vote of the people;

or even the difference between a state of peace and a state of war.

None of them told their hearers that, only eight years before, the

city of Sebastopol had withstood the combined armies of England and

France for almost a year, while the city of Vicksburg, when Grant

besieged it, fell on the forty-seventh day. Nor did any of them ever

appear to consider what the probable result would be if the entire

Democratic party in Northern States should give the Administration as

hearty support as it received from its own.

It is easy to see the fallacy of all those arguments now, and the

unwisdom of the policy from which they sprang; but they were a power

in the land at that time, and wrought unmeasured mischief. The most

conspicuous opponent of the Government in the West was Clement L.

Vallandigham, of Ohio, whose position will be understood most readily

from a few of his public utterances. He wrote, in May, 1861: "The

audacious usurpation of President Lincoln, for which he deserves

impeachment, in daring, against the very letter of the Constitution,

and without the shadow of law, to raise and support armies, and to

provide and maintain a navy, for three years, by mere executive

proclamation, I will not vote to sustain or {284} ratify--never."

Speaking in his place in the House of Representatives in January,

1863, he said: "I have denounced, from the beginning, the usurpations

and infractions, one and all, of law and Constitution, by the

President and those under him; their repeated and persistent arbitrary

arrests, the suspension of _habeas corpus_, the violation of freedom

of the mails, of the private house, of the press and of speech, and

all the other multiplied wrongs and outrages upon public liberty and

private right which have made this country one of the worst despotisms

on the earth for the past twenty months. To the record and to time I

appeal for my justification." In proposing conciliation and compromise

as a substitute for the war, he said, borrowing the language of the

Indiana Democratic platform, "In considering terms of settlement, we

will look only to the welfare, peace, and safety of the white race,

without reference to the effect that settlement may have upon the

condition of the African." For these and similar utterances,

especially in regard to a military order that forbade the carrying of

firearms and other means of disturbing the peace, and for the effect

they were having upon his followers, Mr. Vallandigham was arrested in

May, 1863, by the military authorities in Ohio, tried by

court-martial, and sentenced to imprisonment during the war. The

President commuted the sentence to banishment beyond the lines, and

the prisoner was taken south through Kentucky and Tennessee, and sent

into Confederate territory under a flag of truce. This of course

placed him in the light of a martyr, and a few months later it made

him the Democratic candidate for Governor of Ohio.

In the East, ex-President Pierce, of New Hampshire, loomed up as a

leader of the opposition. On January 6, 1860, he had written to

Jefferson Davis (who had been Secretary of War in his cabinet) a

letter in which he said: "Without discussing the question of right--of

abstract power to secede--I have never believed that actual disruption

of the Union can occur without blood; and if through the madness of

Northern abolitionists that dire calamity must come, the fighting will

not be along Mason and Dixon's line merely. It will be within our own

borders, and in our own streets, between the two classes of citizens

to whom I have referred. Those who defy law and scout constitutional

obligations will, if we ever reach the arbitrament of arms, find

occupation enough at home." In an elaborate Fourth-of-July oration at

Concord in 1863, he said: "No American citizen was then [before the

war] subject to be driven into exile for opinion's sake, or

arbitrarily arrested and incarcerated in military bastiles--even as he

may now be--not for acts or words of imputed treason, but if he do but

mourn in silent sorrow over the desolation of his country. Do we not

all know that the cause of our calamities is the vicious intermeddling

of too many of the citizens of the Northern States with the

constitutional rights of the Southern States, coöperating with the

discontents of the people of those States? We have seen, in the

experience of the last two years, how futile are all our efforts to

maintain the Union by force of arms; but, even had war been carried on

by us successfully, the ruinous result would exhibit its utter

impracticability for the attainment of the desired end. With or

without arms, with or without leaders, we will at least, in the effort

to defend our rights as a free people, build up a great mausoleum of

hearts, to which men who yearn for liberty will in after years, with

bowed heads and reverently, resort, as Christian pilgrims to the

sacred shrines of the Holy Land." This was long referred to, by those

who heard it, as "the mausoleum-of-hearts speech."

In the great State of New York the Democratic leader was Horatio

Seymour, who had been elected Governor in the period of depression

that followed the military defeats of 1862. While Pierce was speaking

in Concord, Seymour was delivering in New York a carefully written

address, in which--like Pierce and Vallandigham--he complained, not of

the secessionists for making war at the South, but of the

Administration for curtailing the liberty of the Government's enemies

at the North. He said: "When I accepted the invitation to speak at

this meeting, we were promised the downfall of Vicksburg [the

telegraph brought news of it while he was speaking], the opening of

the Mississippi, the probable capture of the Confederate capital, and

the exhaustion of the rebellion. When the clouds of war overhung our

country, we implored those in authority to compromise that difficulty;

for we had been told by that great orator and statesman, Burke, that

there never yet was a revolution that might not have been prevented by

a compromise opportunely and graciously made. Until we have a united

North, we can have no successful war; until we have a united,

harmonious North, we can have no beneficent peace. Remember this, that

the bloody and treasonable and revolutionary doctrine of public

necessity can be proclaimed by a mob as well as by a government."

The practical effect of all these protests, in the name of liberty,

against arrests of spies and traitors, and suspension of the _habeas

corpus_, was to assist the slave-holders in their attempt to make

liberty forever impossible for the black race, in pursuance of which

they were willing to destroy the liberties of the white race and

sacrifice hundreds of thousands of lives, most of which were valuable

to their country and to mankind, being lives of men who earned a

living by the sweat of their own faces. All the abridgment of the

liberties of Northern citizens, in time of war, by President Lincoln's

suspension of the writ, and by arbitrary arrests, was not a tithe of

what those same citizens had suffered in time of peace from the

existence of slavery under the Constitution. Yet neither President

Pierce, nor Chief Justice Taney, nor Horatio Seymour, nor Mr.

Vallandigham, had ever uttered one word of protest against the denial

of free speech in criticism of that institution, or against the

systematic rifling of mails at the South, or against the refusal to

permit American citizens to sojourn in the slave States unless they

believed in the divine right of slavery.

It was no wonder that such utterances as those quoted above, by the

leaders of a party, at such a time, should be translated by its baser

followers into reasons for riot, arson, and butchery. Another exciting

cause was found in the persistent misinterpretation of what was meant

to be a beneficent provision of the conscription law. Drafts had been

ordered in several of the States to fill up quotas that were not

forthcoming under the volunteer system. The law provided that a man

whose name was drawn, if he did not wish to go into the service

himself, might either procure a substitute or pay three hundred

dollars to the Government and be released. In the North, where

there were no slaves to do the necessary work at home, it was

absolutely essential to have some system of substitution; and the

three-hundred-dollar clause was introduced, not because the Government

wanted money more than it wanted men, but to favor the poor by keeping

down the price of substitutes, for it was evident that that price

could never rise above the sum necessary for a release. Yet this

very clause was attacked by the journals that assumed to champion

the cause of the poor, as being a discrimination in favor of the

rich! Mr. Vallandigham {285} said in a speech at Dayton: "The

three-hundred-dollar provision is a most unjust discrimination against

the poor. The Administration says to every man between twenty and

forty-five, 'Three hundred dollars or your life.'" When the clause had

been repealed, in consequence of the ignorant clamor raised by this

persistent misrepresentation, the price of substitutes rapidly went

beyond a thousand dollars.

A new levy of three hundred thousand men was called for in April,

1863, with the alternative of a draft if the quotas were not filled by

volunteering. The quota of the city of New York was not filled, and a

draft was begun there on Saturday, the 11th of July. There had been

premonitions of trouble when it was attempted to take the names and

addresses of those subject to call, and in the tenement-house

districts some of the marshals had narrowly escaped with their lives.

On the morning when the draft was to begin, several of the most widely

read Democratic journals contained editorials that appeared to be

written for the very purpose of inciting a riot. They asserted that

any draft at all was unconstitutional and despotic, and that in this

case the quota demanded from the city was excessive, and denounced the

war as a "mere abolition crusade." It is doubtful if there was any

well-formed conspiracy, including any large number of persons, to get

up a riot; but the excited state of the public mind, especially among

the laboring population, inflammatory handbills displayed in the

grogshops, the presence of the dangerous classes, whose best

opportunity for plunder was in time of riot, and the absence of the

militia that had been called away to meet the invasion of

Pennsylvania, all favored an outbreak. It was unfortunate that the

draft was begun on Saturday, and the Sunday papers published long

lists of names that were drawn--an instance of the occasional

mischievous results of journalistic enterprise. Those interested had

all Sunday to talk it over in their accustomed meeting-places, and

discuss wild schemes of relief or retaliation; and the insurrection

that followed was more truly a popular uprising than the rebellion

that it assisted and encouraged.

When the draft was resumed on Monday, the serious work began. One

provost-marshal's office was at the corner of Third Avenue and

Forty-sixth Street. It was guarded by sixty policemen, and the wheel

was set in motion at ten o'clock. The building was surrounded by a

dense, angry crowd, who were freely cursing the draft, the police, the

National Government, and "the nigger." The drawing had been in

progress but a few minutes when there was a shout of "Stop the cars!"

and at once the cars were stopped, the horses released, the conductors

and passengers driven out, and a tumult created. Then a great human

wave was set in motion, which bore down everything before it and

rolled into the marshal's office, driving out at the back windows the

officials and the policemen, whose clubs, though plied rapidly and

knocking down a rioter at every blow, could not dispose of them as

fast as they came on. The mob destroyed everything in the office, and

then set the building on fire. The firemen came promptly, but were not

permitted to throw any water upon the flames. At this moment

Superintendent John A. Kennedy, of the police, approaching

incautiously and unarmed, was recognized and set upon by the crowd,

who gave him half a hundred blows with clubs and stones, and finally

threw him face downward into a mud-puddle, with the intention of

drowning him. When rescued, he was bruised beyond recognition, and was

lifted into a wagon and carried to the police headquarters. The

command of the force now devolved upon Commissioner Thomas C. Acton

and Inspector Daniel Carpenter, whose management during three fearful

days was worthy of the highest praise.

[Illustration: LIEUTENANT-COLONEL EDWARD JARDINE. Commanding a

detachment of troops for service against the rioters.]

[Illustration: HORATIO SEYMOUR.]

[Illustration: CLEMENT L. VALLANDIGHAM.]

Another marshal's office, where the draft was in progress, was at

Broadway and Twenty-ninth Street, and here the mob burned the whole

block of stores on Broadway between Twenty-eighth and Twenty-ninth

Streets. At Third Avenue and Forty-fourth Street there was a battle

between a small force of police and a mob, in which the police were

defeated, many of them being badly wounded by stones and pistol-shots.

Some of them who were knocked down were almost instantly robbed of

their clothing. Officer Bennett fell into the hands of the crowd, and

was beaten so savagely that no appearance of life was left in him,

when he was carried away to the dead-house at St. Luke's Hospital.

Here came his wife, who discovered that his heart was still beating;

means of restoration were used promptly, and after three days of

unconsciousness and a long illness he recovered. {286} Another officer

was stabbed twice by a woman in the crowd; and another, disabled by a

blow from an iron bar, was saved by a German woman, who hid him

between two mattresses when the pursuing mob was searching her house

for him. In the afternoon a small police force held possession of a

gun factory in Second Avenue for four hours, and was then compelled to

retire before the persistent attacks of the rioters, who hurled stones

through the windows and beat in the doors.

Toward evening a riotous procession passed down Broadway, with drums,

banners, muskets, pistols, pitchforks, clubs, and boards inscribed "No

Draft!" Inspector Carpenter, at the head of two hundred policemen,

marched up to meet it. His orders were, "Take no prisoners, but strike

quick and hard." The mob was met at the corner of Amity (or West

Third) Street. The police charged at once in a compact body, Carpenter

knocking down the foremost rioter with a blow that cracked his skull,

and in a few minutes the mob scattered and fled, leaving Broadway

strewn with their wounded and dying. From this time, the police were

victorious in every encounter.

During the next two days there was almost constant rioting, mobs

appearing at various points, both up-town and down-town. The rioters

set upon every negro that appeared--whether man, woman, or child--and

succeeded in murdering eleven of them. One they deliberately hanged to

a tree in Thirty-second Street, his only offence being the color of

his skin. At another place, seeing three negroes on a roof, they set

fire to the house. The victims hung at the edge of the roof a long

time, but were obliged to drop before the police could procure

ladders. This phase of the outbreak found its worst expression in the

sacking and burning of the Colored Orphan Asylum, at Fifth Avenue and

Forty-fourth Street. The two hundred helpless children were with great

difficulty taken away by the rear doors while the mob were battering

at the front. The excitement of the rioters was not so great as to

prevent them from coolly robbing the building of everything valuable

that could be removed before they set it on fire. Bed-clothing,

furniture, and other articles were passed out and borne off (in many

cases by the wives and sisters of the rioters) to add to the comfort

of their own homes. Several tenement houses that were occupied by

negroes were attacked by the mob with a determination to destroy, and

were with difficulty protected by the police.

[Illustration: RECRUITING OFFICE IN NEW YORK CITY HALL PARK. (From an

engraving published in "Frank Leslie's Illustrated Weekly," during the

war.)]

The office of the _Tribune_ was especially obnoxious to the rioters,

because that paper was foremost in support of the Administration and

the war. Crowds approached it, singing

"We'll hang old Greeley on a sour-apple-tree,"

and at one time its counting-room was entered by the mob and a fire

was kindled, but the police drove them out and extinguished the

flames. The printers were then supplied with a quantity of muskets and

bomb-shells, and long board troughs {287} were run out at the windows,

so that in case of an attack a shell could be lighted and rolled out,

dropping from the end of the trough into the crowd, where its

explosion would produce incalculable havoc. Happily the ominous

troughs proved a sufficient warning.

A small military force was brought to the aid of the police, and

whenever an outbreak was reported, a strong body was sent at once to

the spot. The locust clubs, when wielded in earnest, proved a terrible

weapon, descending upon the heads of rioters with blows that generally

cracked the skull. A surgeon who attended twenty-one men reported that

they were all wounded in the head, and all past recovery. One of the

most fearful scenes was in Second Avenue, where the police and the

soldiers were assailed with stones and pistol-shots from the windows

and the roofs. Dividing into squads, they entered the houses, which,

amid the cries and curses of the women, they searched from bottom to

top. They seized their cowering assailants in the halls, in the dark

bedrooms, wherever they were hiding, felled them, bayoneted them,

hurled them over the balusters and through the windows, pursued them

to the roof, shot them as they dodged behind chimneys, refusing all

mercy, and threw the quivering corpses into the street as a warning to

the mob. It was like a realization of the imaginary taking of

Torquilstone.

One of the saddest incidents of the riot was the murder of Col. Henry

J. O'Brien, of the Eleventh New York Volunteers, whose men had

dispersed one mob with a deadly volley. An hour or two later the

Colonel returned to the spot alone, when he was set upon and beaten

and mangled and tortured horribly for several hours, being at last

killed by some frenzied women. Page after page might be filled with

such incidents. At one time Broadway was strewn with dead men from

Bond Street to Union Square. A very young man, dressed in the

working-clothes of a mechanic, was observed to be active and daring in

leading a crowd of rioters. A blow from a club at length brought him

down, and as he fell he was impaled on the picket of an iron fence,

which caught him under the chin and killed him. On examination, it was

found that under the greasy overalls he wore a costly and fashionable

suit, and there were other indications of wealth and refinement, but

the body was never identified.

Three days of this vigorous work by the police and the soldiers

brought the disturbance to an end. About fifty policemen had been

injured, three of whom died; and the whole number of lives destroyed

by the rioters was eighteen. The exact number of rioters killed is

unknown, but it was more than twelve hundred. The mobs burned about

fifty buildings, destroying altogether between two million and three

million dollars' worth of property. Governor Seymour incurred odium by

a speech to the rioters, in which he addressed them as his friends,

and promised to have the draft stopped, and by his communications to

the President, in which he complained of the draft, and asked to have

it suspended till the question of its constitutionality could be

tested in the courts. His opponents interpreted this as a subterfuge

to favor the rebellion by preventing the reinforcement of the National

armies. The President answered, in substance, that he had no objection

to a testing of the question, but he would not imperil the country by

suspending operations till a case could be dragged through the courts.

Fourteen of the Northern States had enacted laws enabling the soldiers

to vote without going home. In some of the States it was provided that

commissioners should go to the camps and take the votes; in others the

soldier was authorized to seal up his ballot and send it home to his

next friend, who was to present it at the polls and make oath that it

was the identical one sent to him. The enactment of such laws had been

strenuously opposed by the Democrats, on several grounds, the most

plausible of which was, that men under military discipline were not

practically free to vote as they pleased. The most curious argument

was to this effect: a soldier that sends home his ballot may be killed

in battle before that ballot reaches its destination and is counted.

Do you want dead men to decide your elections?

These were the darkest days of the war; but the riots reacted upon the

party that was supposed to favor them, the people gradually learned

the full significance of Gettysburg and Vicksburg, and at the autumn

election the State of New York, which a year before had elected

Governor Seymour, gave a handsome majority in favor of the

Administration. In Ohio, where the Democrats had nominated

Vallandigham for Governor, and made a noisy and apparently vigorous

canvass, the Republicans nominated John Brough. When the votes were

counted, it was found that Mr. Brough had a majority of one hundred

thousand, the largest that had ever been given for any candidate in

any State where there was a contest. Politically speaking, this buried

Mr. Vallandigham out of sight forever, and delivered a heavy blow at

the obstructive policy of his party.

[Illustration: OFFICERS OF THE FORTY-FOURTH NEW YORK INFANTRY.]

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