Category Archives: Politics

Post-Vicksburg: Davis Deals with Crisis

August 9, 1863 – Confederate President Jefferson Davis tried to regroup after the disastrous loss of the Mississippi River.

Lt Gen John C. Pemberton | Image Credit: CivilWarDailyGazette.com

Following the devastating surrenders of Vicksburg and Port Hudson, the southern press generally concluded that Lieutenant General John C. Pemberton, who had surrendered Vicksburg, was the most to blame. Davis disagreed, noting that General Joseph E. Johnston, commanding all Confederates in the Western Theater, had urged Pemberton to abandon Vicksburg, and when Pemberton got trapped there, Johnston did little to try rescuing him.

A letter circulated among southern newspapers from Johnston’s medical director, Dr. D.W. Yandell, in which Yandell (apparently writing to a fellow doctor) praised Johnston while condemning Pemberton and Davis for lacking decisiveness and wisdom. When Davis read this “article/letter,” he resentfully forwarded a copy to Johnston with a message of his own:

“It is needless to say that you are not considered capable of giving countenance to such efforts at laudation of yourself and detraction of others, and the paper is sent to you with the confidence that you will take the proper action in the premises.”

A few days later, Pemberton, now awaiting a prisoner exchange at Gainesville, Alabama, submitted his official report on the Vicksburg campaign. In it, he sought to “disprove many charges made against me through ignorance or malice.” However, “I fully acknowledge the correctness of the principle, that in military affairs, ‘Success is the test of merit.’”

That quote came from General Albert Sidney Johnston when he was assembling Confederate forces for a counterattack after the fall of Fort Donelson in 1862. Johnston, a close friend of Davis’s who was killed at the Battle of Shiloh, said, “The test of merit in my profession with the people is success. It is a hard rule, but I think it right.”

Confederate President Jefferson Davis | Image Credit: Wikispaces.com

Davis responded on the 9th. He tried easing Pemberton’s resentment by noting that in the eyes of the press, success was not necessarily the test of merit; for press favorites, the test was simply doing “what they are expected to do.” Such favorites were “sheltered when they fail by a transfer of the blame.” Those whom the press disliked often had their success “denied or treated as a necessary result.”

“The test of success,” Davis wrote, “though far from just, is one which may be accepted in preference to the popular delusion so readily created by unscrupulous men who resort to the newspapers to desseminate falsehood and forestall the public judgement.”

To Davis, both Pemberton and General Robert E. Lee had recently received harsh press criticism due more to opinion than fact. He stated, “General Lee and yourself have seemed to me example of the second class, and my confidence has not been diminished because letter-writers have not sent forth your praise on the wings of the press.”

Davis assured Pemberton that he was “no stranger to the misrepresentation of that which malignity is capable, nor to the generation of such feelings by the conscientious discharge of duty.” He knew firsthand “how slowly the messenger of truth follows that of slander.”

However, southerners continued railing against Pemberton, with some speculating that his Pennsylvania roots may have played a role in his surrender. Davis received a letter from an army chaplain expressing the sentiments of many troops in the western armies “that every disaster that has befallen us in the West has grown out of the fact that weak and inefficient men have been kept in power,” including Pemberton. The chaplain asked, “I beseech of you to relieve us of these drones and pigmies.”

Pemberton remained disqualified from service until paroled in October. He did not take up active field operations again.

—–

References

CivilWarDailyGazette.com; Foote, Shelby, The Civil War: A Narrative: Volume 2: Fredericksburg to Meridian (Vintage Civil War Library, Knopf Doubleday Publishing Group, Kindle Edition, 2011), p. 646-47; Long, E.B. with Long, Barbara, The Civil War Day by Day (New York: Da Capo Press, Inc., 1971), p. 397

Advertisements

Federal Conscription: Lincoln Insists the Draft Continue

August 7, 1863 – President Abraham Lincoln rejected New York Governor Horatio Seymour’s request to suspend the military draft in his state.

The Enrollment Act, passed in March, required all able-bodied men between the ages of 20 and 45 to register for a military draft. This law was deeply resented by people who opposed the war on various grounds (religious principles, refusal to fight to free slaves, refusal to fight to preserve the Union, supporting the Confederacy, etc.). In July, the drawing of draftee names sparked riots through the North, including the worst draft and race riot in American history in New York City.

New York Gov Horatio Seymour | Image Credit: Wikipedia.org

As the violence simmered down in early August, Seymour, one of the most prominent critics of the Lincoln administration, wrote the president urging him to suspend the draft. He argued that conscription was unconstitutional (and thus required judicial review before enforcement), that the quota assigned to New York was “glaringly unjust,” and that drafting men would encourage more rioting. Seymour, who many Republicans accused of emboldening the rioters, provided more detailed objections to conscription in subsequent letters.

While he awaited Lincoln’s response, Seymour also exchanged correspondence with Major General John A. Dix, commanding the military department that encompassed New York, which included overseeing the draft’s enforcement. Seymour wrote Dix on the 1st:

“I have this day sent to the President of the United States a communication in relation to the draft in this State. I believe his answer will relieve you and me from the painful questions growing out of an armed enforcement of the conscription law in this patriotic State, which has contributed so largely and freely to the support of the national cause during the existing war.”

Dix responded:

“It is my duty, as commanding officer of the troops in the service of the United States in this department, if called on by the enrolling officers, to aid them in resisting forcible opposition to the execution of the law; and it is from an earnest desire to avoid the necessity of employing for the purpose any of my forces, which have been placed here to garrison the forts and protect the public property, that I wished to see the draft enforced by the military power of the State, in case of armed or organized resistance to it… I designed, if your cooperation could not be relied on, to ask the General Government for a force which should be adequate to insure the execution of the law and to meet any emergency growing out of it.”

Seymour wrote:

“As you state in your letter that it is your duty to enforce the act of Congress, and, as you apprehend its provisions may excite popular resistance, it is proposed you should know the position which will be held by the State authorities. Of course, under no circumstances, can they perform duties expressly confided to others, nor can they undertake to relieve others from their proper responsibilities. But there can be no violations of good order, or riotous proceedings, no disturbances of the public peace, which are not infractions of the laws of the State; and those laws will be enforced under all circumstances. I shall take care that all the executive officers of this State perform their duties vigorously and thoroughly, and, if need be, the military power will be called into requisition. As you are an officer of the General Government, and not of the State, it does not become me to make suggestions to you with regard to your action under a law of Congress. You will, of course, be governed by your instructions and your own views of duty.”

U.S. President Abraham Lincoln | Image Credit: Wikimedia.org

Lincoln responded four days later. He wrote that if Seymour could prove his claim that New York’s draft quota was “glaringly unjust,” Lincoln would modify the allotment “so far as consistent, with practical convenience.” But he rejected Seymour’s request to suspend the draft until the courts ruled on its constitutionality: “I can not consent to suspend the draft in New-York, as you request because, among other reasons, time is too important.” Lincoln agreed to allow the Supreme Court to review the law in due time; “In fact, I should be willing to facilitate the obtaining of” such a judicial review. But for now:

“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 shall not be sustained by recruits, as they should be.”

According to Lincoln, the Confederate Conscription Act:

“… produces an army with a rapidity not to be matched on our side, if we first waste time to re-experiment with the volunteer system, already deemed by congress, and palpably, in fact, so far exhausted, as to be inadequate; and then more time, to obtain a court decision, as to whether a law is constitutional, which requires a part of those not now in the service, to go to the aid of those who are already in it; and still more time, to determine with absolute certainty, that we get those, who are to go, in the precisely legal proportion, to those who are not to go.”

Lincoln concluded with a familiar appeal to solidarity in the fight against the Confederacy: “My purpose is to be, in my action, just and constitutional; and yet practical, in performing the important duty, with which I am charged, of maintaining the unity, and the free principles of our common country.”

On the 18th, the day before the draft was set to resume in New York, Dix notified Seymour, “I applied to the Secretary of War on the 14th inst. for a force adequate to the object. The call was promptly responded to, and I shall be ready to meet all opposition to the draft.”

Secretary of War Edwin M. Stanton had dispatched 42 Federal regiments and two batteries to enforce conscription in New York City, which unconstitutionally overrode Seymour’s authority over his state. But the draft would proceed, no matter what.

Lincoln offered a concession to New York by reducing its draft quota. But he also wrote an order forcing the New York militia into Federal service to help impose the draft if Seymour tried to stop it. About 20,000 troops patrolled Manhattan with three artillery batteries to ensure that no further violence broke out. Seymour did not try stopping the draft, and no unrest occurred.

Federal officials drew 292,441 names for the draft this month. Of these, 52,000 paid the $300 commutation fee to avoid service. The New York City Council appropriated money to pay commutation fees for many poor draftees. Those who could not afford to pay such a fee resented the commutation process, and the draft tended to net poor citizens and immigrants not necessarily loyal to the cause.

—–

References

CivilWarDailyGazette.com; Davis, Jefferson, The Rise and Fall of the Confederate Government: All Volumes (Heraklion Press, Kindle Edition 2013, 1889), Loc 19762-87; Denney, Robert E., The Civil War Years: A Day-by-Day Chronicle (New York: Gramercy Books, 1992 [1998 edition]), p. 317; Donald, David Herbert, Lincoln (Simon & Schuster, Kindle Edition, 2011), Loc 9528-39; Faust, Patricia L., Historical Times Illustrated Encyclopedia of the Civil War (New York: Harper & Row, 1986, Patricia L. Faust ed.), p. 155-56; Foote, Shelby, The Civil War: A Narrative: Volume 2: Fredericksburg to Meridian (Vintage Civil War Library, Knopf Doubleday Publishing Group, Kindle Edition, 2011), p. 637; Fredriksen, John C., Civil War Almanac (New York: Checkmark Books, 2007), p. 337, 341; Long, E.B. with Long, Barbara, The Civil War Day by Day (New York: Da Capo Press, Inc., 1971), p. 394-95, 397-99; McPherson, James M., Battle Cry of Freedom: The Civil War Era (Oxford History of the United States Book 6, Oxford University Press, Kindle Edition, 1988), p. 610; White, Howard Ray, Bloodstains, An Epic History of the Politics that Produced and Sustained the American Civil War and the Political Reconstruction that Followed (Southernbooks, Kindle Edition, 2012), Q363

The New York Draft Riots

July 15, 1863 – Rioting over Federal conscription entered its third day, leaving New York City in the hands of a violent, angry mob.

The first enforced Federal military draft began in accordance with the Enrollment Act passed in March. In major northern cities, the names of men eligible for the draft were placed in wheels and randomly drawn until quotas were met. The notion of being forced into the military added to growing northern resentment of both the war and the Lincoln administration.

That resentment was especially strong in New York, one of the few northern states dominated by anti-administration politicians. Governor Horatio Seymour loudly denounced President Abraham Lincoln’s unconstitutional attacks on civil liberties, and New York City, the largest in the North, was led by an anti-administration mayor. Of the city’s major newspapers, the World and the Journal of Commerce were openly hostile to Lincoln, and the Herald was often critical as well. Only the Times and the Tribune tended to favor Lincoln’s handling of the war.

The governor and the mayor did nothing to allay fears among the city’s massive immigrant population that blacks freed by the Emancipation Proclamation could come north and take their jobs while they were being drafted to fight a war they did not support. Especially repulsive to potential draftees was the provision allowing men to hire substitutes or pay $300 to avoid military service.

For two days, Federal officials drew names in New York’s Ninth District Provost Marshal’s office at Third Avenue and 46th Street. Resentment built as those names appeared in city newspapers. Resentment boiled over on the third day, when a predominantly Irish mob attacked the draft office with stones, bricks, clubs, and bats. Officials were beaten, the lottery wheel was destroyed, and the building was burned. Police tried to stop the violence, but they were quickly overwhelmed.

Rioting in New York | Image Credit: Wikipedia.org

A rampage through the city ensued, resulting in the burning of businesses, hotels, police stations, and the mayor’s home. Over 1,000 rifles were looted from the Second Avenue armory. Rioters burned the ground floor of the Tribune office; employees of the Times used three Gatling guns to keep the mob from destroying their building.

Protestors targeted wealthy-looking men, screaming, “Down with the rich!” and attacking anyone suspected of being “a $300 man.” The mob also attacked businesses where workers had been replaced by automation, such as grain-loading elevators and street sweepers.

Blacks were beaten, tortured, and killed, with rioters “chasing isolated Negroes as hounds would chase a fox.” Several blacks were hanged on lampposts, including a crippled coachman who was also burned as the mob chanted, “Hurrah for Jeff Davis!”The Colored Orphan Asylum was burned, but police saved most of the orphans. Businesses employing blacks were also burned. A heavy rain helped extinguish the fires, but the riot continued for two more days.

Lincoln received reports of the violence from Tribune managing editor Sydney H. Gay, and they added to the anxiety he already had from the Confederate army escaping to Virginia after the Battle of Gettysburg. Troops were pulled from the Army of the Potomac and directed to help restore order in New York, even though Seymour did not request Federal intervention.

The unrest increased on the 14th as rioters stopped streetcars, cut telegraph wires, and wrecked railroad tracks. They seized blacks from restaurants and other places of employment, including foreign blacks aboard a British ship at port. Some rioters attacked the New York Tribune offices again, shouting, “We’ll hang (managing editor) Horace Greeley to a sour apple tree!”

By the 15th, rioters controlled New York City. A witness stated that “three objects–the badge of a defender of the law, the uniform of the Union army, the skin of a helpless and outraged race–acted upon these madmen as water acts upon a rabid dog.”

The War Department hurried several regiments to help police, along with cadets from West Point and men from the forts in New York Harbor under Major General John E. Wool. All Federal naval vessels in the area were called to provide aid as well; Commander Hiram Paulding soon had a gunboat squadron in the harbor, ready to shell the city if necessary.

Workers joined the rioters in attacking the homes of prominent Republicans, as Seymour unsuccessfully tried to stop the violence. An announcement suspending the draft in New York and Brooklyn eased the riot somewhat, but it did not completely end until Federal troops arrived. Many rioters were killed at Gramercy Park as the Federals used artillery and bayonets to stop their advance.

Civilian resistance against authority ended soon after, and peace was finally restored by the 17th. City merchants quickly organized a relief effort for black victims of the rioting and their families. The Democrat-controlled New York City Council approved a measure authorizing the use of tax revenue to pay commutation fees for those who could not afford to buy their way out of the draft.

This was the worst draft and race riot in American history. An estimated 50,000 people participated in the lawlessness, with 105 killed and at least 2,000 injured. Property damage was assessed at $1.5 million, with 50 buildings destroyed. However, one scholar determined that the death toll was not nearly as high as the sensational newspaper accounts claimed (the New York Tribune claimed that 350 had died); most people had not “died anywhere but in the columns of partisan newspapers.”

Smaller riots occurred in Boston; Portsmouth, New Hampshire; Rutland, Vermont; Wooster, Ohio; and Troy, New York. Lincoln rejected calls to create a commission to investigate the cause of the rioting because the findings would “have simply touched a match to a barrel of gunpowder… One rebellion at a time is about as much as we can conveniently handle.”

Some urged an indefinite draft suspension, while Democrats sought to have it declared unconstitutional. However, Lincoln insisted that the draft continue.

—–

References

Angle, Paul M., A Pictorial History of the Civil War Years (New York: Doubleday, 1967), p. 133-34; Crocker III, H.W., The Politically Incorrect Guide to the Civil War (Washington: Regnery Publishing, 2008), p. 62; Denney, Robert E., The Civil War Years: A Day-by-Day Chronicle (New York: Gramercy Books, 1992 [1998 edition]), p. 308-09; Donald, David Herbert, Lincoln (Simon & Schuster, Kindle Edition, 2011), Loc 9506; Foote, Shelby, The Civil War: A Narrative: Volume 2: Fredericksburg to Meridian (Vintage Civil War Library, Knopf Doubleday Publishing Group, Kindle Edition, 2011), p. 636; Fredriksen, John C., Civil War Almanac (New York: Checkmark Books, 2007), p. 328-29, 333; Goodwin, Doris Kearns, Team of Rivals: The Political Genius of Abraham Lincoln (New York: Simon and Schuster, 2005), p. 536-37; Klein, Maury, Historical Times Illustrated Encyclopedia of the Civil War (New York: Harper & Row, 1986, Patricia L. Faust ed.), p. 225-26; Linedecker, Clifford L. (ed.), The Civil War A to Z (Ballantine Books, 2002), p. 89; Long, E.B. with Long, Barbara, The Civil War Day by Day (New York: Da Capo Press, Inc., 1971), p. 384-87, 389; McPherson, James M., Battle Cry of Freedom: The Civil War Era (Oxford History of the United States Book 6, Oxford University Press, Kindle Edition, 1988), p. 609-10; Ward, Geoffrey C., Burns, Ric, Burns, Ken, The Civil War (New York: Alfred A. Knopf, 1990), p. 244; White, Howard Ray, Bloodstains, An Epic History of the Politics that Produced and Sustained the American Civil War and the Political Reconstruction that Followed (Southernbooks, Kindle Edition, 2012), Q363

Confederate Peace Overtures

July 4, 1863 – Confederate officials arrived off Hampton Roads, Virginia, to negotiate prisoner exchange terms with the Federals. They were also unofficially authorized to negotiate a possible end to the war.

Confederate Vice President Alexander Stephens | Image Credit: Wikimedia.org

President Jefferson Davis instructed Vice President Alexander Stephens to “proceed as a military commissioner under flag of truce” to Hampton Roads, Virginia, and then, if the Federals permitted, on to Washington. Robert Ould, the Confederate agent in charge of prisoner exchange, accompanied Stephens.

The men were to try renegotiating the violated prisoner exchange cartel, as the Confederates accused the Federals of keeping officers and men in confinement even after being exchanged. But Stephens was also authorized to entertain offers to end the war if the subject came up.

Stephens and Ould boarded the flag-of-truce steamer Torpedo at Richmond on the 3rd and proceeded down the James River to the Federal lines at Norfolk. Davis hoped to time the journey so that Stephens would arrive at Washington around the same time as General Robert E. Lee’s Confederate Army of Northern Virginia.

The Torpedo reached Hampton Roads on the morning of Independence Day. Stephens sent a request to the Federal admiral stationed there to be allowed to continue to Washington. The admiral instructed Stephens to wait while he notified his superiors.

When President Abraham Lincoln received the request, he favored the idea of talking with Stephens, his old friend from Congress. But news of the Federal victory at Gettysburg arrived around the same time, and Lincoln’s cabinet argued that negotiating peace now would give the Confederacy false hope that it still may gain independence. Lincoln ultimately acknowledged that once the Federals destroyed the Confederacy’s ability to wage war, southerners “would be ready to swing back to their old bearings,” without negotiations on ending the war, or even on prisoner exchange.

Stephens and Ould waited for two days aboard the Torpedo before Secretary of War Edwin M. Stanton telegraphed a response to the Federal commanders at Fort Monroe: “Until you receive (Lincoln’s) instructions hold no communication with Mr. Stephens or Mr. Ould, nor permit either of them to come within our lines. Our victory is complete. Lee’s in full retreat.”

The Federals informed Stephens and Ould, “The request is inadmissible. The customary agents and channels are adequate for all needful military communications and conference between the United States forces and the insurgents.” The Confederates returned to Richmond the next day, unable to discuss either prisoner exchange or peace with the Federals.

—–

References

Davis, Jefferson, The Rise and Fall of the Confederate Government: All Volumes (Heraklion Press, Kindle Edition 2013, 1889), Loc 21469-75; Denney, Robert E., The Civil War Years: A Day-by-Day Chronicle (New York: Gramercy Books, 1992 [1998 edition]), p. 300, 302; Donald, David Herbert, Lincoln (Simon & Schuster, Kindle Edition, 2011), Loc 9671; Foote, Shelby, The Civil War: A Narrative: Volume 2: Fredericksburg to Meridian (Vintage Civil War Library, Knopf Doubleday Publishing Group, Kindle Edition, 2011), p. 652-53; Fredriksen, John C., Civil War Almanac (New York: Checkmark Books, 2007), p. 323; Long, E.B. with Long, Barbara, The Civil War Day by Day (New York: Da Capo Press, Inc., 1971), p. 376, 379; McPherson, James M., Battle Cry of Freedom: The Civil War Era (Oxford History of the United States Book 6, Oxford University Press, Kindle Edition, 1988), p. 650, 664; White, Howard Ray, Bloodstains, An Epic History of the Politics that Produced and Sustained the American Civil War and the Political Reconstruction that Followed (Southernbooks, Kindle Edition, 2012), Q363

The Vallandigham Affair Continues

June 11, 1863 – Exiled Copperhead Clement L. Vallandigham was nominated to run for governor of Ohio, and President Abraham Lincoln issued a response to those protesting his abuse of civil liberties.

Former U.S. Congressman Clement L. Vallandigham | Image Credit: CivilWarDailyGazette.com

Lincoln had banished Vallandigham to the South last month after Vallandigham had delivered incendiary speeches condemning the administration’s war policies and encouraging others to oppose the war effort. After Federal authorities escorted Vallandigham to Tennessee, President Jefferson Davis directed Confederate officials to consider the former Ohio congressman an “alien enemy” and send him to Wilmington, North Carolina.

In the North, Vallandigham continued enjoying widespread support for his opposition to the war, as more and more people joined the Copperheads in calling for negotiating a peace with the Confederacy. Delegates to the Ohio Democratic convention nominated Vallandigham for governor, despite his banishment, by a vote of 411 to 11.

Davis wanted nothing to do with Vallandigham, then under guard at Wilmington. He feared that sheltering Vallandigham would discredit the northern peace movement, which the Confederacy actively supported. Davis told Vallandigham to either reject the nomination or leave the South. Vallandigham chose the latter, and in mid-June, Confederates shipped him to Bermuda. He was later sent to Canada, where he ran for governor while in exile.

Meanwhile, protests of Lincoln’s handling of the Vallandigham affair continued. A delegation of New York Democrats led by Erastus Corning had adopted resolutions condemning the military suppression of civil liberties. Lincoln drafted a response and read it to his cabinet before sending it to the New Yorkers. Navy Secretary Gideon Welles remarked, “It has vigor and ability and with some corrections will be a strong paper.” Lincoln sent the letter and had a copy printed in the New York Tribune, titled, “Letter to Erastus Corning, et al.”

Lincoln began by praising the delegation for their “eminently patriotic” vow to uphold the Union and support the administration’s prosecution of the war as long as it remained within constitutional boundaries. While Lincoln conceded that military arrests of civilians would be unconstitutional in peacetime, he noted that the Constitution allowed for the suspension of the writ of habeas corpus “in cases of Rebellion or Invasion,” when “the public Safety may require it.”

The president argued that “public Safety” required the suspension because the country indeed faced a “clear, flagrant, and gigantic” rebellion. According to Lincoln, this “giant rebellion” had stretched into the northern states, where “under cover of ‘liberty of speech,’ ‘liberty of the press,’ and ‘Habeas corpus,’ (the rebels) hoped to keep on foot amongst us a most efficient corps of spies, informers, suppliers, and aiders and abettors of their cause.”

This brought the war to the home front, and this required military intervention because civil courts were “utterly incompetent” to address such subversion. Lincoln explained that being “Thoroughly imbued with a reverence for the guaranteed rights of individuals,” he had been “slow to adopt the strong measures” such as military suppression, and he guessed that a time would come “when I shall be blamed for having made too few arrests rather than too many.”

Lincoln rejected the argument that Vallandigham had been arrested “for no other reason than words addressed to a public meeting.” He wrote that Vallandigham had been arrested “because he was laboring, with some effect, to prevent the raising of troops (and) to encourage desertions… He was damaging the army, upon the existence and vigor of which the life of the nation depends.” The president then posed a rhetorical question to prove his point:

“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?… I think that in such a case to silence the agitator and save the boy is not only constitutional, but withal a great mercy.”

Lincoln disagreed with the New Yorkers’ resolution that military suppression during war would lead to limits on personal freedoms in peace. He wrote that he could no more accept this premise “than I am able to believe that a man could contract so strong an appetite for emetics during temporary illness, as to persist in feeding upon them through the remainder of his healthful life.”

Nearly 10 million people ultimately read this letter, which proved vastly popular among Republicans and other champions of the war effort. The Loyal Publication Society printed and distributed 500,000 copies, with many politicians using it for their campaigns.

Lincoln followed up this letter with one to Matthew Birchard, leading delegate to the Ohio Democratic Convention that nominated Vallandigham for governor. This was a response to Birchard and others coming to Washington to protest Vallandigham’s banishment. Lincoln wrote this letter at the urging of Treasury Secretary Salmon P. Chase, a former Ohio governor who was familiar with the state’s politics.

Unlike Lincoln’s first letter, this one was much more scathing. He accused Vallandigham of being responsible “personally, in a greater degree than… any other one man” for desertions, draft evasions, and terrorism against Unionists. Nominating him for governor encouraged “desertion, resistance to the draft and the like.”

Lincoln pledged to revoke Vallandigham’s banishment if each Ohio delegate pledged to “do all he can to have the officers, soldiers, and seamen of the army and navy… paid, fed, clad, and otherwise well provided and supported.” The delegates called such an ultimatum a “sacrifice of their dignity and self-respect,” and refused. Vallandigham’s banishment continued, as did military arrests in the northern states.

—–

References

Denney, Robert E., The Civil War Years: A Day-by-Day Chronicle (New York: Gramercy Books, 1992 [1998 edition]), p. 290, 294; Donald, David Herbert, Lincoln (Simon & Schuster, Kindle Edition, 2011), Loc 9361-419; Fredriksen, John C., Civil War Almanac (New York: Checkmark Books, 2007), p. 304, 308; Goodwin, Doris Kearns, Team of Rivals: The Political Genius of Abraham Lincoln (New York: Simon and Schuster, 2005), p. 524-25; Historical Times Encyclopedia Of The Civil War (2010, retrieved 6/4/2012); Long, E.B. with Long, Barbara, The Civil War Day by Day (New York: Da Capo Press, Inc., 1971), p. 361, 364-65; McPherson, James M., Battle Cry of Freedom: The Civil War Era (Oxford History of the United States Book 6, Oxford University Press, Kindle Edition, 1988), p. 598; Porter, George Henry, Ohio Politics During the Civil War Period (New York: 1911), p. 167; Stanchak, John E., Historical Times Illustrated Encyclopedia of the Civil War (New York: Harper & Row, 1986, Patricia L. Faust ed.), p. 775; Vallandigham, James L., A Life of Clement L. Vallandigham (Baltimore, MD: Turnbull Brothers, 1872), p. 293-95; White, Howard Ray, Bloodstains, An Epic History of the Politics that Produced and Sustained the American Civil War and the Political Reconstruction that Followed (Southernbooks, Kindle Edition, 2012), Q263

The Chicago Times Suppression

June 3, 1863 – Major General Ambrose E. Burnside responded to administration criticism of Clement Vallandigham’s arrest and conviction last month by closing the Chicago Times.

Maj Gen A.E. Burnside | Image Credit: CivilWarDailyGazette.com

Burnside, commanding the Federal Military Department of the Ohio (which included jurisdiction over Illinois), issued a general order: “On account of the repeated expression of disloyal and incendiary sentiments, the publication of the newspaper known as the Chicago Times is hereby suppressed.”

At 3 a.m. on June 3, Federal cavalry rode up to the Times building, with two infantry companies from Camp Douglas arriving an hour later in support. Troops seized control of the building, stopped the presses, destroyed newspapers already printed, and announced that the Times was out of business.

Burnside’s order outraged many northerners, especially since it came so soon after his controversial arrest of Vallandigham for speaking out against the war. Chicago Mayor F.C. Sherman presided over a meeting held by city leaders at noon. Expressing outrage that Burnside had trampled upon the constitutional freedom of the press, the attendees unanimously demanded that President Lincoln revoke the Times’s closure.

That afternoon, the Illinois legislature in Springfield condemned Burnside’s suppression. In the evening, some “20,000 loyal citizens,” including many supporters of Lincoln’s administration, gathered in Chicago’s Court House Square to hear speeches denouncing military suppression of constitutional liberties and cheering the legislature’s condemnation.

The next morning, Federal Secretary of War Edwin M. Stanton acted upon President Lincoln’s suggestion and revoked Burnside’s order. Stanton also directed Burnside, through Lincoln, to stop issuing such orders without prior War Department approval. But the Chicago Times closure became yet another rallying point for northerners to criticize Lincoln’s abuse of civil liberties and his conduct of the war.

—–

Foote, Shelby, The Civil War: A Narrative: Volume 2: Fredericksburg to Meridian (Vintage Civil War Library, Knopf Doubleday Publishing Group, Kindle Edition, 2011), p. 634; Goodwin, Doris Kearns, Team of Rivals: The Political Genius of Abraham Lincoln (New York: Simon and Schuster, 2005), p. 522-24; Long, E.B. with Long, Barbara, The Civil War Day by Day (New York: Da Capo Press, Inc., 1971), p. 360-62; White, Howard Ray, Bloodstains, An Epic History of the Politics that Produced and Sustained the American Civil War and the Political Reconstruction that Followed (Southernbooks, Kindle Edition, 2012), Q263

 

Lincoln Banishes Vallandigham

May 19, 1863 – President Abraham Lincoln directed Secretary of War Edwin M. Stanton to banish former Congressman Clement L. Vallandigham to the South for voicing anti-war views that the administration considered dangerous.

Former U.S. Congressman Clement L. Vallandigham | Image Credit: CivilWarDailyGazette.com

Vallandigham had been an outspoken opponent of Lincoln and the war since the conflict began. He was a prominent leader of the “Peace” Democrats, or “Copperheads,” in Ohio, where he had narrowly lost his congressional seat due to Republicans redrawing his district’s boundaries.

On May 1, Vallandigham delivered a speech to thousands of spectators at a party rally in Mount Vernon. He asserted that peace with the South could be negotiated, but Lincoln and his Republican Party refused to negotiate. This, Vallandigham said, was because they no longer sought to preserve the Union, but rather to free slaves and enslave whites by destroying civil liberties.

Vallandigham declared that the war would end only if soldiers began deserting in droves and the people hurled “King Lincoln from his throne.” He warned pro-war New Englanders that if they continued supporting the conflict, western states might secede and rejoin the South.

Major General Ambrose E. Burnside, commanding the Federal Department of the Ohio, had sent two staff members to listen to Vallandigham’s speech. After receiving their report on what the former congressman said, Burnside directed his aide-de-camp to take a company of Federal soldiers aboard a special train and arrest Vallandigham at his Dayton home.

At 2:30 a.m. on the 5th, the troops broke down Vallandigham’s door and pulled him out of bed amidst the screams of his wife and sister-in-law. The Federals dragged Vallandigham to the waiting railcar, which took him to Burnside’s headquarters at Cincinnati, where he was jailed.

Maj Gen A.E. Burnside | Image Credit: Wikispaces.com

The Federals charged Vallandigham with violating Burnside’s General Order No. 38, issued on April 13. The order stated that “the habit of declaring sympathy for the enemy will not be allowed in this department,” and anyone committing such “treason, expressed or implied,” would be seized and brought before a military tribunal.

Burnside claimed he had the authority to enforce this order based on Lincoln’s suspension of habeas corpus last September, under which anyone expressing “disloyalty” or discouraging support for the war effort could be subject to military trial, regardless of the constitutionally protected freedoms of speech and expression.

A military commission assembled on May 6 and tried Vallandigham for:

“Publicly expressing, in violation of General Orders No. 38, from Head-quarters Department of the Ohio, sympathy for those in arms against the Government of the United States, and declaring disloyal sentiments and opinions, with the object and purpose of weakening the power of the Government in its efforts to suppress an unlawful rebellion.”

According to witnesses’ testimony–

“… he addressed a large meeting of citizens at Mount Vernon, and did utter sentiments in words, or in effect, as follows: declaring the present war ‘a wicked, cruel, and unnecessary war’; ‘a war not being waged for the preservation of the Union’; ‘a war for the purpose of crushing out liberty and creating a despotism’; ‘a war for the freedom of the blacks and the enslavement of the whites’; stating that, ‘if the Administration had so wished, the war could have been honorably terminated months ago’; characterizing the (Burnside’s) military order ‘as a base usurpation of arbitrary authority’; declaring ‘that he was at all times and upon all occasions resolved to do what he could to defeat the attempts now made to build up a monarchy upon the ruins of our free government.’”

Vallandigham refused to enter a plea, arguing that a military tribunal had no authority where civilian courts functioned. The commissioners convicted Vallandigham the next day, but they expressed reluctance to execute him by firing squad. They ultimately recommended sending him to confinement at Fort Warren, Massachusetts, for two years or “during the continuance of the war.” Burnside approved the sentence, declaring that speeches such as Vallandigham’s were “weakening the power of the Government (to put down) an unlawful rebellion.”

Vallandigham’s conviction sparked protests throughout the North. Democrats and even some Republicans expressed outrage that someone could be thrown in prison for simply delivering a speech, and nearly every member of President Lincoln’s cabinet opposed the action. Nevertheless, Lincoln gave Burnside his “kind assurance of support” after learning of Vallandigham’s conviction in a newspaper.

When the Chicago Times backed Vallandigham and attacked the Lincoln administration, Burnside closed the newspaper down. An outraged mob burned the office of the Dayton Journal, the Republican newspaper in Vallandigham’s home town.

The pro-Democrat New York Atlas declared that “the tyranny of military despotism” displayed by Vallandigham’s conviction proved “the weakness, folly, oppression, mismanagement, and general wickedness of the (administration).” The New York Herald feared this was only the first of “a series of fatal steps which must terminate at last in bloody anarchy.”

Another Democrat noted that Vallandigham’s vocal opposition to the war was mild compared to then-Congressman Lincoln’s blistering speech in the House of Representatives condemning President James K. Polk and the Mexican War in 1849. New York Governor Horatio Seymour, a prominent pro-war Democrat whose support the Lincoln administration needed, issued a statement on the incident:

“The transaction involved a series of offenses against our most sacred rights. It interfered with the freedom of speech; it violated our rights to be secure in our homes against unreasonable searches and seizures; it pronounced sentence without a trial, save one which was a mockery, which insulted as well as wronged. The perpetrators now seek to impose punishment, not for an offense against law, but for a disregard of an invalid order, put forth in utter violation of the principles of civil liberty.

“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. If it is upheld, our liberties are overthrown. The safety of our persons, the security of our property, will hereafter depend upon the arbitrary wills of such military rulers as may be placed over us, while our constitutional guarantees will be broken down. Even now the Governors and the courts of some of the great Western States have sunk into insignificance before the despotic powers claimed and exercised by military men who have been sent into their borders.”

Losing Seymour seriously jeopardized the administration’s hopes for a political alliance between Republicans and War Democrats.

On the 16th, a protest meeting took place in Albany, New York, headed by New York Central Railroad President Erastus Corning. The attendees consisted mostly of state Democrats supportive of Governor Seymour, and they adopted resolutions calling Vallandigham’s conviction a “blow… against the spirit of our laws and Constitution,” and the end of “the liberty of speech and of the press, the right of trial by jury, the law of evidence, and the privilege of habeas corpus.” The resolutions stated that upholding the conviction would be “a fatal blow at the supremacy of law, and the authority of the State and Federal Constitutions.”

Vallandigham’s arrest and conviction raised serious questions about whether a civilian could be seized by military force for giving a speech, and whether a military court could override a civilian court by trying and convicting said civilian. Former Senator George H. Pugh of Ohio applied for a writ of habeas corpus on Vallandigham’s behalf, but Judge Humphrey H. Leavitt of the U.S. Circuit Court for the Southern District of Ohio denied it. Citing the law passed by Congress on March 3 authorizing the president to suspend habeas corpus, Leavitt ruled that the president’s war powers included arresting Vallandigham for incendiary speech and subjecting him to military trial.

Lincoln recognized the political problem of such a harsh punishment, and so he sought a compromise by publicly supporting Vallandigham’s arrest but commuting his sentence. Lincoln ordered the former congressman banished to the Confederacy, and he also directed Secretary of War Stanton to reopen the Chicago Times. Federal cavalry soon escorted Vallandigham to Tennessee and handed him over to Confederate officials, who were reluctant to take him.

Meanwhile, protests continued throughout the month. Petitions condemning the “arbitrary arrest, illegal trial, and inhuman imprisonment of Hon. C.L. Vallandigham” circulated in Ohio. New Jersey Governor Joel Parker told an audience in Newark that the conviction and deportation “were arbitrary and illegal acts. The whole proceeding was wrong in principle and dangerous in its tendency.” Indiana Governor Oliver P. Morton, a Republican and Lincoln ally, alleged that the president’s actions emboldened Copperheads in his state. Despite such mass indignation, Lincoln refused Burnside’s offer to resign.

—–

References

Davis, Jefferson, The Rise and Fall of the Confederate Government: All Volumes (Heraklion Press, Kindle Edition 2013, 1889), Loc 19965-76, 19978-86; Denney, Robert E., The Civil War Years: A Day-by-Day Chronicle (New York: Gramercy Books, 1992 [1998 edition]), p. 281-82, 286, 289; Donald, David Herbert, Lincoln (Simon & Schuster, Kindle Edition, 2011), Loc 8898, 8921-31, 9361; Foote, Shelby, The Civil War: A Narrative: Volume 2: Fredericksburg to Meridian (Vintage Civil War Library, Knopf Doubleday Publishing Group, Kindle Edition, 2011), p. 632-33; Fredriksen, John C., Civil War Almanac (New York: Checkmark Books, 2007), p. 288, 292, 299, 301, 303; Goodwin, Doris Kearns, Team of Rivals: The Political Genius of Abraham Lincoln (New York: Simon and Schuster, 2005), p. 522-24; Lincoln, Abraham, Abraham Lincoln Complete Works, Vol. Two (New York, NY: The Century Co., 1920), edited by John G. Nicolay and John Hay, p. 239; Long, E.B. with Long, Barbara, The Civil War Day by Day (New York: Da Capo Press, Inc., 1971), p. 349, 353-55, 357-60; McPherson, James M., Battle Cry of Freedom: The Civil War Era (Oxford History of the United States Book 6, Oxford University Press, Kindle Edition, 1988), p. 596-97; Pittman, Benn, The Trials for Treason at Indianapolis, Disclosing the Plans for Establishing a North-Western Confederacy (Cincinnati, OH: Moore, Wilstach & Baldwin, 1865), p. 253; Stanchak, John E., Historical Times Illustrated Encyclopedia of the Civil War (New York: Harper & Row, 1986, Patricia L. Faust ed.), p. 775; Vallandigham, Clement Laird, The Trial Hon. Clement L. Vallandigham by a Military Commission: and the Proceedings Under His Application for a Writ of Habeas Corpus in the Circuit Court of the United States for the Southern District of Ohio (Cincinnati, OH: Rickey and Carroll, 1863), p. 11, 23, 33-34, 40, 259-72; Vallandigham, James L., A Life of Clement L. Vallandigham (Baltimore, MD: Turnbull Brothers, 1872), p. 288-93; “Vallandigham Meeting in Newark,” The New York Times, 31 May 1863; Ward, Geoffrey C., Burns, Ric, Burns, Ken, The Civil War (New York: Alfred A. Knopf, 1990), p. 188-89; White, Howard Ray, Bloodstains, An Epic History of the Politics that Produced and Sustained the American Civil War and the Political Reconstruction that Followed (Southernbooks, Kindle Edition, 2012), Q263