Tag Archives: Conscription

The Deteriorating State of the Confederacy

March 13, 1865 – President Jefferson Davis submitted a contentious message to the Confederate Congress as a growing sense of defeat spread throughout the South.

Confederate President Jefferson Davis | Image Credit: Wikispaces.com

While Confederate officials became more vocal in their belief that independence could not be attained, Davis refused to publicly acknowledge such a possibility. His continued resistance was reflected in a letter he wrote to influential Virginian Willoughby Newton:

“In spite of the timidity and faithlessness of many who should give tone to the popular feeling and hope to the popular heart, I am satisfied that it is in the power of the good men and true patriots of the country to reanimate the wearied spirit of our people. The incredible sacrifices made by them in the cause will be surpassed by what they are still willing to endure in preference to abject submission, if they are not deserted by their leaders… I expect the hour of deliverance.”

But the future seemed increasingly bleak for Davis. In early March, he received a message from General Edmund Kirby Smith, commanding the Trans-Mississippi Department, in which Smith noted that he was under heavy criticism from the southern press for failing to send troops east to stop the Federal surge. Smith asked Davis to relieve him of command, but while Davis agreed with some of the criticism, he refused to fire Smith.

Davis then turned to Congress, which he believed was not doing enough to sustain the war effort. The members were scheduled to adjourn in mid-March, but Davis urged them to stay on in special session to consider “further and more energetic legislation.” He then accused the senators and congressmen of inaction in the face of emergency.

He requested the modification of laws governing impressments and raising revenue, as well as military recruiting. Specifically, Davis wanted all class exemptions removed from the Conscription Act, a new militia law to strengthen local defenses, and the same power that President Abraham Lincoln had to suspend the writ of habeas corpus.

Congress responded by approving legislation allowing for the recruitment of black men into the military, which Davis signed into law. Members also revised the impressment law of March 6, 1863, by forbidding the Confederate government from taking breeding livestock from private farms. However, the members did not act upon any of the president’s other recommendations. Instead they issued a response to Davis’s message, which read in part:

“Nothing is more desirable then concord and cordial cooperation between all departments of Government. Hence your committee regret that the Executive deemed it necessary to transmit to Congress a message so well calculated to excite discord and dissension…”

The members approved a new national flag, which was a modified Stainless Banner, and they voted to give official thanks to Lieutenant General Wade Hampton for his defense of Richmond. Then they adjourned. Many senators and congressmen deeply resented Davis’s charges of obstructionism.

General Joseph E. Johnston, a longtime Davis opponent, wrote to his friend and fellow Davis opponent, Senator Louis T. Wigfall of Texas, in response to Wigfall’s assertion that Davis was in intense anguish over the state of the Confederacy. Johnston wrote, “I have a most unchristian satisfaction in what you say of the state of mind of the leading occupants of the Presidential Mansion. For me, it is very sufficient revenge.”

Near month’s end, when the future appeared even bleaker than when the month began, Davis told a friend, “Faction has done much to cloud our prospects and impair my power to serve the country.”

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References

CivilWarDailyGazette.com; Faust, Patricia L., Historical Times Illustrated Encyclopedia of the Civil War (New York: Harper & Row, 1986, Patricia L. Faust ed.), p. 262-63; Foote, Shelby, The Civil War: A Narrative: Volume 3: Red River to Appomattox (Vintage Civil War Library, Knopf Doubleday Publishing Group, Kindle Edition, 2011), Loc 17256-66; Fredriksen, John C., Civil War Almanac (New York: Checkmark Books, 2007), p. 563, 567, 572; Long, E.B. with Long, Barbara, The Civil War Day by Day (New York: Da Capo Press, Inc., 1971), p. 646-49, 651-54; Pollard, Edward A., Southern History of the War (New York: The Fairfax Press, 1990), p. 473; Smith, Dean E., Historical Times Illustrated Encyclopedia of the Civil War (New York: Harper & Row, 1986, Patricia L. Faust ed.), p. 751; Stanchak, John E., Historical Times Illustrated Encyclopedia of the Civil War (New York: Harper & Row, 1986, Patricia L. Faust ed.), p. 379; 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), Q165

Jefferson Davis’s 1864 Message to Congress

November 7, 1864 – The second session of the Second Confederate Congress assembled and received President Jefferson Davis’s optimistic annual message.

Confederate President Jefferson Davis | Image Credit: Wikispaces.com

Throughout the war, Davis had emphasized the need to defend territory. But after sacrificing several armies while still losing territory, Davis now reversed course. He explained that the loss of Atlanta and the Shenandoah Valley gave the military more flexibility by freeing it from having to defend cities or regions:

“The truth so patent to us must, ere long, be forced upon the reluctant Northern mind. There are no vital points on the preservation of which the continued existence of the Confederacy depends. There is no military success of the enemy which can accomplish its destruction. Not the fall of Richmond, nor Wilmington, nor Charleston, nor Savannah, nor Mobile, nor all combined, can save the enemy from the constant and exhaustive drain of blood and treasure which must continue until he shall discover that no peace is attainable unless based on the recognition of our indefeasible rights.”

The message did not mention the U.S. presidential elections scheduled for the next day; Davis avoided making any statement that could push northerners to vote for Abraham Lincoln. Regarding the economy, Davis called the financial outlook “far from discouraging.” He asked Congress for measures to increase military recruitment, including waiving some exemptions from the Conscription Act.

Davis also requested legislation allowing the government to buy 40,000 slaves from slaveholders and use them for military labor for the rest of the war. This would replace the current law allowing the military to impress slaves into service without compensation for limited time periods. As the military would then be expected to teach slaves “in the manner of encamping, marching, and parking trains,” the “length of service adds greatly to the value of the negro’s labor.”

After “service faithfully rendered,” Davis recommended that the slaves be rewarded with freedom. However, since slavery was a state issue, each state would have to decide for itself on that. Davis argued that such a grant by the states “would doubtless be more readily accorded as a reward for past faithful service, and a double motive for zealous discharge of duty would thus be offered to those employed by the Government, their freedom, and the gratification of the local attachment which is so marked a characteristic of the negro, and forms so powerful an incentive to his action.”

Davis was not prepared to accept slaves as combat soldiers, stating, “Until our white population shall prove insufficient for the armies we require, and can afford to keep in the field; to employ as a soldier the negro who has been merely trained to labor, and as a laborer the white man, accustomed from his youth to the use of firearms, would scarcely be deemed wise or advantageous by any.” However, “Should the alternative ever be presented of subjugation or the employment of the slave as a soldier, there seems no reason to doubt what should then be our decision.”

Suggesting that slaves could become free citizens in exchange for military service marked what Davis called “a radical modification in the theory of the law.” An editorial in the Richmond Whig countered that trading service for freedom wrongly assumed “that the condition of freedom is so much better for the slave than servitude, that it may be bestowed upon him as a reward.” If implemented, it would be “a repudiation of the opinion held by the whole South… that servitude is a divinely appointed condition for the highest good of the slave.”

In conclusion, Davis stated that he was willing to negotiate with the North regarding peace, but only if the North recognized southern independence and not “our unconditional submission and degradation… This is the true path to peace; let us tread it with confidence in the assured result.”

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References

CivilWarDailyGazette.com; Denney, Robert E., The Civil War Years: A Day-by-Day Chronicle (New York: Gramercy Books, 1992 [1998 edition]), p. 484; Faust, Patricia L., Historical Times Illustrated Encyclopedia of the Civil War (New York: Harper & Row, 1986, Patricia L. Faust ed.), p. 63-64; Foote, Shelby, The Civil War: A Narrative: Volume 3: Red River to Appomattox (Vintage Civil War Library, Knopf Doubleday Publishing Group, Kindle Edition, 2011), Loc 13076-96; Fredriksen, John C., Civil War Almanac (New York: Checkmark Books, 2007), p. 518; Long, E.B. with Long, Barbara, The Civil War Day by Day (New York: Da Capo Press, Inc., 1971), p. 593-94; 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. 833-34; Ward, Geoffrey C., Burns, Ric, Burns, Ken, The Civil War (New York: Alfred A. Knopf, 1990), p. 334

The Gold Hoax

May 18, 1864 – A forged presidential proclamation was sent to the press in an effort to drive up the price of gold. This caused an uproar throughout the North.

President Abraham Lincoln | Image Credit: CivilWarDailyGazette.com

At 4 a.m., the seven daily newspapers of New York City received an Associated Press dispatch supposedly from President Abraham Lincoln. It stated that May 26 would be set aside “as a day of fasting, humiliation and prayer,” and it announced that “with a heavy heart, but an undiminished confidence in our cause,” another 400,000 men would be drafted into the army due to “the situation in Virginia, the disaster at Red River, the delay at Charleston, and the general state of the country.”

Five dailies hesitated publishing the declaration out of suspicion that it could be a forgery. But two dailies–the New York World and the Journal of Commerce–published it, and it caused an immediate panic on Wall Street. The price of gold shot up 10 percent before traders began realizing that the proclamation might be bogus. Bulletins soon appeared denying the announcement’s validity, and the panic quickly subsided.

When news of this story and its impact reached Washington, it “angered Lincoln more than almost any other occurrence of the war period.” He directed Secretary of War Edwin M. Stanton to “take possession by military force” the offices of the two newspapers and the Independent Telegraph Company (which had allegedly wired the dispatch). Major General John A. Dix, commanding the Department of the East, was ordered to imprison all suspects in the scheme. Although he believed that many of the suspects were innocent, Dix reluctantly complied.

Journalist Adams S. Hill was apprehended on suspicions that he masterminded the “gold hoax” to discredit the Associated Press. Hill worked for the AP’s competitor, the Independent News Room, which used the Independent Telegraph Company for service because the AP monopolized the superior American Telegraph Company. Charges against Hill were dropped when the real perpetrator was revealed on the 20th.

Joseph Howard, Jr., city editor of the Brooklyn Eagle, had concocted the plot after boasting that he would soon reap enormous profits in the stock market as a result. Howard immediately named one of his reporters, Francis A. Mallison, as a co-conspirator who wrote the declaration in Lincoln’s name and style. Howard also explained that the two newspapers and the Independent Telegraph Company had nothing to do with the scheme.

In reality, Lincoln had planned to issue a draft call as reported, but the outrage caused by the hoax forced him to delay the call for two months. The newspaper editors endured three days of jail, while Howard and Mallison were imprisoned at Fort Lafayette in New York Harbor.

The Lincoln administration was excoriated once again for suppressing free speech and the press. New York Governor Horatio Seymour, who had battled Lincoln on civil liberties the previous year, directed the district attorney to file suit against General Dix and the Federal government for unlawfully arresting and imprisoning citizens. Seymour declared:

“In the month of July last, when New York was a scene of violence, I gave warning that ‘the laws of the State must be enforced, its peace and order maintained, and the property of its citizens protected at every hazard.’ The laws were enforced at a fearful cost of blood and life. The declaration I then made was not intended merely for that occasion, or against any class of men. It is one of an enduring character, to be asserted at all times, and against all conditions of citizens without favor or distinction. Unless all are made to bow to the law, it will be respected by none. Unless all are made secure in their rights of person and property, none can be protected.

The court case was finally resolved in July, when a grand jury declined to press charges against Dix or his officers. The Federal government provided no compensation for the loss of business sustained by the suspension of the two newspapers, seizure of the telegraph offices, or the imprisonment of innocent people. Howard and Mallison were finally released from confinement after Reverend Henry Ward Beecher appealed to Lincoln for mercy.

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References

Davis, Jefferson, The Rise and Fall of the Confederate Government: All Volumes (Heraklion Press, Kindle Edition 2013, 1889), Loc 19792-805; Donald, David Herbert, Lincoln (Simon & Schuster, Kindle Edition, 2011), Loc 10669-81; Foote, Shelby, The Civil War: A Narrative: Volume 3: Red River to Appomattox (Vintage Civil War Library, Knopf Doubleday Publishing Group, Kindle Edition, 2011), Loc 7879-99; Long, E.B. with Long, Barbara, The Civil War Day by Day (New York: Da Capo Press, Inc., 1971), p. 504; Stanchak, John E., Historical Times Illustrated Encyclopedia of the Civil War (New York: Harper & Row, 1986, Patricia L. Faust ed.), p. 360; Wert, Jeffry D., Historical Times Illustrated Encyclopedia of the Civil War (New York: Harper & Row, 1986, Patricia L. Faust ed.), p. 313-14, 372-73; 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), Q264

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.

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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.

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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

The Enrollment Act

March 3, 1863 – The most controversial bill that President Abraham Lincoln signed into law during this congressional session was “An Act for enrolling and calling out the National Forces, and for other purposes,” also known as the Enrollment or Federal Military Draft Act.

President Abraham Lincoln | Image Credit: Wikimedia.org

The Lincoln administration was facing a serious manpower shortage in the coming months, as 38 two-year regiments raised in 1861 and 92 nine-month regiments raised in 1862 were scheduled to disband. A new measure was approved to offset this, under which:

“… all able-bodied male citizens of the United States, and persons of foreign birth who shall have declared on oath their intention to become citizens under and in pursuance of the laws thereof, between the ages of 20 and 45 years, except as hereinafter excepted, are hereby declared to constitute the national forces, and shall be liable to perform military duty in the service of the United States when called out by the President for that purpose.”

The law required men to enroll at draft boards within their congressional districts. Provost marshals, assigned by a Provost Marshal Bureau within the War Department, managed the boards. The number of enrollees represented a district’s quota, and each district had 50 days to fill their quotas with volunteers. Quota shortfalls would be filled by a military draft, under which a lottery system would select the draftees. To discourage men from waiting to be drafted, generous bounties were offered to those who volunteered.

All Republican senators and representatives voted in favor of this bill, while 88 percent of congressional Democrats voted against. Unlike the Confederate Conscription Act, this law offered no exemptions for religious sects, such as Quakers or Mennonites, or other conscientious objectors who objected to warfare on moral grounds.

The law’s most divisive provision allowed men to buy their way out of the draft by either paying a $300 commutation fee or hiring substitutes to serve in their place. This was meant to give war dissenters an option to avoid service, but the provision sparked outrage because most men could not afford such a high fee.

Congressman Thaddeus Stevens of Pennsylvania called this law “a rich man’s bill, made for him who can raise his $300, and against him who cannot raise that sum.” Lincoln argued that the fee actually helped the poor because the market would drive the price much higher without the fee cap. He tried setting an example by hiring a substitute, but that did little to satisfy the detractors. The provision was later repealed.

The Enrollment Act shifted the draft process from the states to the national government, making it more enforceable. It also made the act more resented. The law had its intended effect of inducing more men to volunteer for service, but it also helped spread a new corrupt practice called “bounty jumping,” in which men joined the army to collect the bounty and then deserted, moving to another district to repeat the process.

Regarding the substitution clause, most men who could afford to hire substitutes could also afford to bribe doctors into attesting that mentally or physically defective substitutes were fit for service. Conversely, the law did sometimes help working men who could hire substitutes to avoid military service and continue providing for their families. Future President Grover Cleveland and the fathers of future presidents Theodore and Franklin Roosevelt hired substitutes.

Many northerners opposed the notion of a military draft as a whole. Workers feared their jobs would be given to freed slaves while they served. Angry immigrants contended that they came to America because of the promises of the Homestead Act, not to serve in the military. And many argued that compulsory military service violated civil liberties. Only six percent of Federal military personnel was drafted over the course of the war, and two-thirds of these draftees hired substitutes.

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References

CivilWarDailyGazette.com; Donald, David Herbert, Lincoln (Simon & Schuster, Kindle Edition, 2011), Loc 8986; Foote, Shelby, The Civil War: A Narrative: Volume 2: Fredericksburg to Meridian (Vintage Civil War Library, Knopf Doubleday Publishing Group, Kindle Edition, 2011), p. 635; Fredriksen, John C., Civil War Almanac (New York: Checkmark Books, 2007), p. 267; Linedecker, Clifford L. (ed.), The Civil War A to Z (Ballantine Books, 2002), p. 44-45, 97; Long, E.B. with Long, Barbara, The Civil War Day by Day (New York: Da Capo Press, Inc., 1971), p. 325; 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. 591, 599-605, 608; Robertson, Jr., James I., Tenting Tonight: The Soldier’s Life (Alexandria, VA: Time-Life Books, 1983), p. 35-37; Ward, Geoffrey C., Burns, Ric, Burns, Ken, The Civil War (New York: Alfred A. Knopf, 1990), p. 242; 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), Q163

President Davis’s 1863 Message to Congress

January 12, 1863 – President Jefferson Davis submitted his message on the state of the Confederacy to the Confederate Congress as it assembled for its third session at Richmond.

By this time, inflation plagued the South, as the printing of paper money without backing by precious metals sent the cost of living skyrocketing. The Confederate military still held firm against the Federals, but resources were dwindling and there was little hope for foreign aid.

Confederate President Jefferson Davis | Image Credit: Wikipedia.org

Davis declared that the first two years of the new nation “affords ample cause for congratulation and demands the most fervent expression of our thankfulness to the Almighty Father, who has blessed our cause.” He cited recent Confederate military successes as “another example of the impossibility of subjugating a people determined to be free; and have demonstrated that no superiority of numbers or available resources can overcome the resistance offered by such valor in combat, such constancy under suffering, and such cheerful endurance of privation as have been conspicuously displayed by this people in the defense of their rights and liberties.”

Davis still held out hope that foreign nations would recognize Confederate independence, but he acknowledged that such an opportunity was quickly vanishing due to increased Federal aggression, both on land and at sea.

He denounced the Emancipation Proclamation:

“We may well leave it to the instincts of common humanity which a beneficent Creator has implanted in the breasts of our fellowmen of all countries to pass judgment on a measure by which several millions of human beings of an inferior race, peaceful and contented laborers in their sphere, are doomed to extermination, while at the same time they are encouraged to a general assassination of their masters by the insidious recommendation ‘to abstain from violence unless in necessary self-defense.’”

To Davis, the proclamation was “complete and crowning proof of the true nature of the designs of the (Republican) party which elevated to power the present occupant of the Presidential chair at Washington.” He cited President Abraham Lincoln’s inaugural address of March 1861 (in which Lincoln pledged not to interfere with slavery where it already existed) as evidence that the party had lied about its intentions all along.

Calling the proclamation “the most execrable measure in the history of guilty man,” Davis announced that he would turn over any commissioned Federal officers enforcing it to the appropriate state government for punishment as “criminals engaged in inciting servile insurrection.” In most southern states, that punishment was death.

Davis asserted that Lincoln’s decree proved his “inability to subjugate the South by force of arms,” and its appeal to morality provided foreign nations the “justification in withholding our just claims to formal recognition.” Ultimately, the proclamation meant that “restoration of the Union has been rendered forever impossible by the adoption of a measure which from its very nature neither admits of retraction nor can coexist with union.”

Regarding the Treasury Department, Davis asked members of Congress to approve legislation improving the Confederacy’s financial structure to pay down the national debt:

“Among the subjects to which your attention will be specially devoted during the present session you will no doubt deem the adoption of some comprehensive system of finance as being of paramount importance.”

Regarding the War Department, Davis requested “some revision of the exemption law (i.e., the amended Conscription Act) of last session. Serious complaints have reached me of the inequality of its operation,” and Davis recommended exempting enough men to form local police squads that would keep law and order at home while the rest of the men fought the war.

Davis also stated:

“I recommend to the Congress to devise a proper mode of relief to those of our citizens whose property has been destroyed by order of the Government, in pursuance of a policy adopted as a means of national defense. It is true that full indemnity cannot now be made, but some measure of relief is due to those patriotic citizens who have borne private loss for the public good, whose property in effect has been taken for public use, though not directly appropriated.”

Davis reminded Congress:

“Our Government, born of the spirit of freedom and of the equality and independence of the States, could not have survived a selfish or jealous disposition, making each only careful of its own interest or safety. The fate of the Confederacy, under the blessing of Divine Providence, depends upon the harmony, energy, and unity of the States.”

He concluded, “With hearts swelling with gratitude let us, then, join in returning thanks to God, and in beseeching the continuance of his protecting care over our cause and the restoration of peace with its manifold blessings to our beloved country.”

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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. 165; Fredriksen, John C., Civil War Almanac (New York: Checkmark Books, 2007), p. 253-54; Long, E.B. with Long, Barbara, The Civil War Day by Day (New York: Da Capo Press, Inc., 1971), p. 311; 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. 565; Pollard, Edward A., Southern History of the War (New York: C.B. Richardson, 1866; revised version New York: The Fairfax Press, 1990), p. 576-77, 583; 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), Q163