Rights of Municipalities.--Interference of the Legislature with the City
Government.--Conflict between the Governor and Police Commissioners.--A
Wrong becomes a Practical Blessing.--Provost Marshals.--Riot not
anticipated.--Bad time to commence the Draft.--Preparations of
Superintendent Kennedy.--The Police System.--Attack on Provost Marshal
Captain Erhardt.--Telegrams of the Police.--Kennedy starts on a Tour of
Observation.
The rights of municipalities have been conceded from the first dawn of
constitutional liberty indeed municipal freedom may be said to be
the first step in the onward progress of the race toward the full
recognition of its rights. To interfere with a great commercial city
like New York, except by general laws, is as a rule unwise, impolitic,
and, indeed, unjust. Like a separate State, it had better suffer many
and great evils, than to admit the right of outward power to regulate
its internal affairs. To do so, in any way, is fraught with mischief;
but to do so as a political party, is infinitely more pernicious.
It leaves a great metropolis, on which the welfare of the commercial
business of the nation mainly depends, a foot-ball for ambitious or
selfish politicians to play with. But as there are exceptions to all
rules, so there may be to this--still they should always be exceptions,
and not claimed as a settled policy.
We mention this, because the interference of the Legislature, or rather
the dominant part of it, in the internal policy of New York, about the
time the war commenced, was in itself a mischievous and tyrannical act,
while, under the circumstances that soon after occurred, it proved of
incalculable benefit.
With the city stripped of its military, and the forts in the harbor
of their garrisons, the police, under the old regime, during the
draft riots, would have been trustless and powerless, even if the city
government had attempted to uphold the national authority, which is
doubtful. The Republicans established a Board of Police Commissioners,
the majority of which were of their own political faith, who had the
entire control of the department. Under their hands, an entire different
set of men from those formerly selected, composed the force, and a
regular system of drills, in fact, a thorough organization, adopted.
But in 1862 the Democrats elected their governor, though they failed to
secure the Legislature. Mr. Seymour, immediately on his inauguration,
summoned the Commissioners to appear before him, the object of which
was to change the character of the board. The latter understood it, and
refused to appear. Legal proceedings were then commenced against them,
but they were staved off, and in the meantime the Legislature had got to
work, and took the matter in hand; and Messrs. Bowen, Acton, and Bergen,
were made to constitute the board--John A. Kennedy being superintendent
of police. Mr. Bowen, the president of the board, having been appointed
brigadier-general, resigned, and Mr. Acton, under the law, became
president. This political character of the board, so diametrically
opposed to the feelings and wishes of the vast majority of the citizens,
tested by the ordinary rules and principles of a Republican Government,
was unjust; a palpable, deliberate encroachment on the right of
self-government. But as we remarked, just now, it was fortunate for the
country that such a state of things existed. In the extraordinary,
not anticipated, and perilous condition in which we found ourselves,
everything was changed. Neither constitutions nor laws had been framed
to meet such an emergency, and both, in many cases, had to be suspended.
What was right before, often became wrong now, and vice versa. The
article inserted in the Constitution of the State, that the moment a
bank refused specie payment, it became bankrupt, was a wise and just
provision, but to enforce it now, would be financial ruin, and it was
not done.
This usurpation of the government of New York by the Republican party,
which seemed so unjust, was, doubtless, under the circumstances, the
salvation of the city. It was, moreover, highly important to the whole
country, in the anomalous war which threatened our very existence, that
the controlling power of the city should be in sympathy with the General
Government, but it was especially, vitally so, when the latter put
its provost marshals in it to enforce the draft. That this _mode_ of
enforcing the draft by provost marshals, was an encroachment on the
rights and powers of the separate States, there can be no doubt. It is
equally clear that the proper way was to call on the separate governors
for their quota, and let _them_ enforce the draft. If they refused to
do it, then it was time for the General Government to take the matter in
its own hand. This, however, was no encroachment on _individual_ rights.
The oppressive nature of the act and the result were the same to the
person, whether enforced by the State or General Government. Still it
was a total departure from the practice of the General Government
since its first organization, and it moreover established a dangerous
precedent, which the sooner it is abandoned the better. But this had
nothing to do with the opposition to the draft. That was a personal
objection.
With the Police Department in sympathy with the rioters, it is not
difficult to see what the end would have been. We do not mean by that,
that the heads of the department would not have endeavored to do their
duty, but it would have been impossible to control the kind of element
they would inevitably have to deal with. This even the long-tried,
trusted leaders of the Democratic party acknowledged. In fact, the
police force would not have been in a condition, with ever so good a
will, to have acted with the skill and promptness it did.
The draft riots, as they are called, were supposed by some to be the
result of a deep-laid conspiracy on the part of those opposed to the
war, and that the successful issue of Lee's invasion of Pennsylvania
was to be the signal for open action. Whether this be so or not, it is
evident that the outbreak in New York City on the 13th of July, not only
from the manner of its commencement, the absence of proper organization,
and almost total absence of leadership, was not the result of a general
well-understood plot. It would seem from the facts that those who
started the movement had no idea at the outset of proceeding to the
length they did. They simply desired to break up the draft in some of
the upper districts of the city, and destroy the registers in which
certain names were enrolled.
A general provost marshal had been appointed over the whole city, which
was subdivided into various districts, in each of which was an assistant
provost marshall. Although there had been no provision for a general
assistant provost marshal or aid, yet Colonel Nugent acted in this
capacity. The drafting was to take place in the separate districts,
under the direction of the assistant provost marshals.
Although there had been some rumors of resistance to it, they received
very little credence, and no special provision was made for such an
emergency. The city was almost denuded of the military; the regiments
having been called to Pennsylvania to repel Lee's invasion; yet so
little fear was entertained, that even the police department was not
requested to make any special preparation. The Invalid Corps, as it was
called, composed of the maimed and crippled soldiers who could no longer
keep the field, were thought to be quite sufficient to preserve the
peace.
The draft commenced on Saturday in the Eleventh and Ninth Districts,
and passed off quietly; and it was thought the same order would be
maintained throughout, and if any force were necessary to repress
violence, it would be when the conscripts were required to take their
place in the ranks.
Still Superintendent Kennedy of the Police Department feared there might
be some difficulty experienced by the officers in charge of the draft,
even if no serious resistance should be offered. Some of the enrolling
officers, a short time previous, while taking the names of those
subject to draft, had been assailed with very abusive language, or their
questions received in sullen silence or answered falsely; fictitious
names often being given instead of the true ones. In the Ninth District,
embracing the lower part of the city, the provost marshal, Captain Joel
T. Erhardt, came near losing his life in the performance of this duty.
At the corner of Liberty Street and Broadway a building was being torn
down, preparatory to the erection of another, and the workmen engaged in
it threatened the enrolling officer who came to take down their names,
with violence, and drove him off.
Captain Erhardt, on the report being made to him, repaired to
head-quarters, and requested of Colonel Nugent a force of soldiers to
protect the officer in the discharge of his duty. But this the latter
declined to do, fearing it would exasperate the men and bring on a
collision, and requested the Captain to go himself, saying, if he did,
there would be no difficulty. Captain Erhardt declined, on the ground
that he was not an enrolling officer. But Colonel Nugent persisting, the
Captain finally told him, if he ordered him, as his superior officer, to
go, he would. Nugent replied that he might so consider it. Erhardt then
said he would go, but only on one condition, that if he got in trouble
and asked for help, he would send him troops. To this he agreed, and
Captain Erhardt proceeded to the building on the corner of Broadway and
Liberty Street, and stepping on a plank that led from the sidewalk to
the floor, asked a man on a ladder for his name. The fellow refused to
answer, when an altercation ensuing, he stepped down, and seizing an
iron bar advanced on the provost marshal. The latter had nothing but a
light Malacca cane in his hand, but as he saw the man meant murder he
drew a pistol from his pocket, and levelled it full at his breast.
This brought him to a halt; and after looking at Erhardt for awhile he
dropped his bar. Erhardt then put up his pistol, and went on with his
enrolling. The man was dogged and angry, and watching his opportunity,
suddenly made a rush at the provost marshal. The latter had only time to
deal him, as he sprang forward, one heavy blow with his cane, when they
closed. In a moment both reeled from the plank and fell to the cellar
beneath, the provost marshal on top. Covered with dirt, he arose and
drew his pistol, and mounted to the sidewalk.
The foreman sympathized with the workmen, and Erhardt could do nothing.
Determined to arrest them for resisting the draft, he despatched a
messenger to Colonel Nugent for the promised force. None, however, was
sent. He, in the meantime, stood with drawn pistol facing the men, who
dared not advance on him. Aid not arriving, he sent again, and still
later a third time. He stood thus facing the workmen with his pistol for
three hours, and finally had to leave without making any arrests. This
failure of Colonel Nugent to fulfil his promise and perform his duty
came near costing Erhardt his life, and then and there starting the
riot. The next day he had the foreman arrested, and completed his work
of enrolling.
The time selected for commencing the draft was unfortunate. Saturday, of
all days in the week, was the worst. It was a new thing, and one under
any circumstances calculated to attract universal attention among the
lower classes, and provoke great and angry discussion. Hence, to have
the draft commence on Saturday, and allow the names to be published in
the papers on Sunday morning, so that all could read them, and spend the
day in talking the matter over, and lay plans for future action, was a
most unwise, thoughtless procedure. If there had been any choice as to
the day, one, if possible, should have been chosen that preceded the
busiest day of the week. To have the list of twelve hundred names that
had been drawn read over and commented on all day by men who enlivened
their discussion with copious draughts of bad whiskey, especially when
most of those drawn were laboring-men or poor mechanics, who were
unable to hire a substitute, was like applying fire to gunpowder. If a
well-known name, that of a man of wealth, was among the number, it only
increased the exasperation, for the law exempted every one drawn who
would pay three hundred dollars towards a substitute. This was taking
practically the whole number of soldiers called for out of the laboring
classes. A great proportion of these being Irish, it naturally became an
Irish question, and eventually an Irish riot. It was in their eyes the
game of hated England over again--oppression of Irishmen. This state
of feeling could not be wholly concealed. Kennedy, aware of it, felt
it necessary, on Monday morning, to take some precautionary measures.
Still, in the main, only small squads of policemen were sent to the
various points where the drafting was to take place, and merely to keep
back the crowd and maintain order, in case a few disorderly persons
should attempt to create disturbance. It was true, a rumor had been put
in circulation that a body of men had planned to seize the arsenal, and
Kennedy, as a matter of precaution, sent fifty policemen to occupy
it. But during the morning, word was brought him that the
street-contractor's men in the Nineteenth Ward were not at work. This
looked ominous, and he began to fear trouble. Thinking that Provost
Marshal Maniere's office, 1190 Broadway, and that of Marshal Jenkins,
corner of Forty-sixth Street and Third Avenue, would be more likely to
be the points attacked, he hurried off the following telegrams:
July 13, 8.35 A.M. From Central Office to Seventeenth, Eighteenth, and
Twenty-first Precincts: Send ten men and a sergeant forthwith to No. 677
Third Avenue, and report to Captain Porter of Nineteenth Precinct for
duty. J. A. KENNEDY.
July 13, 8.50 A.M. To Twenty-ninth Precinct: Place a squad of ten of
your men, with a competent sergeant, at No. 1190 Broadway, during the
draft--if you want more, inform me. J. A. K.
8.55 A.M. To Sixteenth and Twentieth Precincts: Send your reserve to
Seventh Avenue Arsenal forthwith.
J. A. K.
Telegrams were now pouring in from different quarters, showing that
mischief was afoot, and at nine o'clock he sent the following despatch:
"To all platoons, New York and Brooklyn: Call in your reserve platoons,
and hold them at the stations subject to further orders."
It should be noted, that ordinarily one-half of the police of the
Metropolitan District, which took in Brooklyn, is relieved from both
patrol and reserve duty, from six o'clock in the morning till six in the
evening. The other half is divided into two sections, which alternately
perform patrol and reserve duty during the day. A relief from patrol
duty of one of these sections takes place at eight o'clock A.M., when
it goes to breakfast. Hence, the orders issued by the Superintendent to
call in these could not reach them without a considerable delay.
It now being about ten o'clock, Mr. Kennedy, having despatched an
additional body of men to the Twenty-ninth Precinct, got into his
light wagon, to take a drive through the districts reported to be most
dangerous. He went up far as the arsenal, and giving such directions as
he thought necessary, started across the town to visit Marshal Jenkins'
quarters in the Twenty-ninth Precinct.