ity of the Act is tested. You can scan the immediate future as well as I. The temper of the people to-day you can readily learn." At this time, Democratic organizations and meetings were denouncing the Draft as unconstitutional, and calling on the Governor to invoke the military power of the State to maintain its sovereignty and rightful jurisdiction, and protect its citizens from a ruthless conscription. President Lincoln, in response" to the Governor's appeal, after proposing to suspend the Draft in the City districts, in so far as it was claimed to be excessive, until after a fair and rigid scrutiny, said: "I do not object to abide the decision of the United States Supreme Court, or of the Judges thereof, on the constitutionality of the Draft law. In fact, I should be willing to facilitate the obtaining of it. But I cannot consent to lose the time while it is being obtained. We are contending with an enemy who, as I understand, drives every ablebodied 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. It produces an army with a rapidity not to be matched on our side, if we first waste time to reexperiment 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 con stitutional 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. My purpose is to be in my action just and constitutional, and yet practical, in performing the important duty with which Vermont-the first to vote thereof her always heavy Republican maafter"-did, indeed, show a reduction jority-the Democratic party having made no effort" in 1862, and now doing its best; whereas, her election in the former year had been unaffected by the wave of depression and discouragement that swept soon afterward over the loyal States. California voted next:" going 'Union' throughout by a very large majority" nearly equal to that of 1861; but Maine-voting somewhat later"felt the full impulse of the swelling tide, and showed it in her vote." But the October Elections were far more significant and decisive. In Pennsylvania, Gov. Andrew G. Curtin-who had aided the war to the extent of his ability-was presented by the Republicans for rëelection; while the Democrats opposed to him Judge Geo. W. Woodward," who, it was certified, had declared in 1861"If the Union is to be divided, I want the line of separation run north of Pennsylvania"-and who, not far from the day of election, united with "Sept. 14. 1862. Repub. War Dem. Peace Dem. Bradbury, 32,331 Bradbury, 50,583 Gov. F. F. Low, 64,447. Downey, 44,715. "See his' Peace' speech, Vol. I., pp. 363-5. CURTIN REELECTED-VALLANDIGHAM DEFEATED. 509 his Democratic brethren on the bench of the Supreme Court in adjudging the Enrollment Act unconstitutional. It was hardly possible to make an issue more distinctly than was here made between the supporters and the contemners of the War for the Union; yet Gen. McClellan-still a MajorGeneral in full pay, though not in active service-wrote a letter for publication in the canvass, wherein he declared that "Having, some days ago, had a full conversation with Judge Woodward, I find that our views agree; and I regard his election as Governor of Pennsylvania called for by the interests of the nation." The canvass in this State was exceedingly animated and earnest; the vote polled at the election" exceeded, by many thousands, any ever cast before; and the result was decisive. Though the vote of the preceding year had shown no decided preponderance of either party," but gave the Legislature and a U. S. Senator to the Democrats, that of 1863 reelected Gov. Curtin by more than 15,000" majority, and established the ascendency of the Republicans in every branch of the State Government. For-as if to render the popular verdict more emphatic-Chief Justice Lowrie, who pronounced the decision of the Supreme Court, adjudging the Enrollment Act unconstitutional, was a candidate for rëelection, opposed by Daniel Agnew, Republican, by whom-though comparatively unknown to the people-he was conclusively beaten." And the Court, as thus reconstituted 61 by the election of Judge Agnew, reviewed and reversed the decision pronounced by Chief Justice Lowrie. Said Judge Agnew, in his opinion: "The constitutional authority to use the national forces creates a corresponding duty sity. The duty is vital and essential, fallto provide a number adequate to the necesing back on the fundamental right of selfpreservation, and the powers expressed to declare war, raise armies, maintain navies, and provide for the common defense. Power and duty now go hand in hand with the extremity, until every available man in the nation is called into service, if the emergency requires it; and of this there can be no judge but Congress." Justices David Davis (Circuit) and S. H. Treat (District) in Illinois," and Justice Nathan K. Hall (District) in Northern New York, also pronounced judgments in cases brought before them, affirming the constitutionality of the Enrollment Act and of drafting under it. No Federal Judge ever made a contrary decision. Ohio-by reason of the unrevoked and continuing banishment of Mr. Vallandigham-was the arena of a contest equally earnest and somewhat more heated. The public meetings, especially those of the Democrats, were enormously attended throughout the canvass, and were brimmed with enthusiasm. Yet, when the vote was polled," the Democratic majority of 5,000" on Secretary of State, in 1862, was found to have given place to a 'Union' majority on Governor of over One Hundred Thousand," and, even without the Soldiers' vote, of more than Sixty Thousand." And, though the majority on the residue of the ticket was 1 Jan. 16, 1864. 52 June 16, 1864. 53 Oct. 8. Kennon, Rep., 178,755; Armstrong, Dem., 51 184,332. "Brough, 288,661; Vallandigham, 187,562. 6 Brough, 247,194; Vallandigham, 185,274. somewhat less, it still ranged from 96,445 up to 97,479; while the new Legislature stood 29 to 5 in the Senate and 73 to 24 in the House. Yet the soldiers in the field-who had given 41,467 votes for Brough to 2,288 for Vallandigham-regretted that the election had not taken place before instead of soon after the sanguinary battle of Chickamauga; which, they safely calculated, had reduced Gov. Brough's majority by several thousand votes. Of the Western States, Indiana and Illinois chose only county or local officers this year; but the results as to these sufficed to show that a great revolution had taken place, and that their Democratic Legislatures, elected in 1862, and the U. S. Senators chosen" by them, were already disowned by their constituents. Iowa elected a Legislature almost entirely Republican, and a Governor and Judge of like faith by over 30,000 majority;" Wisconsin likewise-not voting till later "-rolled up a very heavy majority" on every ticket, though she had been very evenly divided in 1862, and had only been saved by the votes of her soldiers in the field from going " Democratic at a Judicial election in April of this year. Minnesota of course went Re 67 Charles R. Buckalew in Pennsylvania; Thomas A. Hendricks in Indiana. 58 The rival candidates for Governor were Col. Wm. M. Stone (Republican) and Gen. S. Tuttle (Democrat), both at that time in the volunteer service. Their official vote is not at hand; but it was very nearly that cast at the same election for Judge of the Supreme Court, which was as follows: publican now, by a majority largely above" that of last year. In Michigan-which only elected by general vote a Regent of her University in 1863, and this early in the yearthere was an inconsiderable increase in the Republican majority and vote." In the Atlantic States, but especially in New York-the arena of the most formidable and bloodiest of the Draft Riots-the popular rëaction evinced by the State Election of 1863 was most incontestable: Gov. Seymour's majority of over 10,000 in '62 being reversed by one of nearly 30,000" for the Republican State ticket, with a corresponding Legisla ture; while Massachusetts-upon a far lighter vote than in '62—gave a much larger majority." And Maryland filled the measure of National triumph by electing Unionists to Congress in four of her five districts, and, for the first time, a distinctively Emancipation Controller and Legislature by some 20,000 majority. New Jersey chose only a Legislature this year, and hence evinced no essential change; while in Delaware, which had to choose specially a Representative in Congress, the Democrats withdrew their candidate on the eve of Election, insisting that the voters were to be overawed, if not worse, 60 Total vote for Governor: James T. Lewis (Repub.), 79,959; Palmer (Dem.), 55,248. BLACK SOLDIERS IN THE REVOLUTIONARY WAR. 511 by Federal provost marshals and soldiers, under the guise of repressing disloyal utterances and seditious manifestations. The results in Kentucky, Missouri, and other Slave States than Maryland, had very little enduring or general significance; but it was evident, from the verdict of the States nowise exposed to Mili tary 'coercion,' that public opinion. had by this time grown to the full stature of the Proclamation of Freedom, and had settled into a determination that Slavery must die and the Union survive, through the overthrow by force of all forcible resistance to the integrity and rightful authority of the one Republic. XXII. NEGRO SOLDIERY. 2 THE first fatal collision' between | Lawrence, of Groton, Mass., is reBritish soldiers and American pat- ported as having, at an early day, riots was popularly distinguished as commanded a company of negroes in 'the Boston Massacre;' and Crispus the 'Continental' line. But Slavery Attucks, a mulatto fugitive from was then cherished in nearly all the Massachusetts Slavery, was a leader organized colonies; and its inconof the patriot mob, and one of the sistency with the embodiment of four killed outright by the British its victims in the armies of Freedom fire. At the fight of Bunker Hill, was felt to be so galling that the Peter Salem, one of the enfranchised Committee of Safety judiciously renegroes who manned the slight breast- solved: works so gallantly defended, shot dead Maj. Pitcairn, of the British marines, who, in the final struggle, had scaled the redoubt, shouting, "The day is our own!" and was commanding the 'Rebels' to surrender. Negroes and mulattoes largely swelled the motley host of raw but gallant patriots suddenly collected' around Boston by the tidings of Lexington, Concord, and Bunker Hill, and were freely accepted in regiments mainly White; though Maj. Samuel "That it is the opinion of this Committee, as the contest now between Great Britain and the Colonies respects the liberties and privileges of the latter, which the Colonies are determined to maintain, that the admission of any persons, as soldiers, into the army now raising, but only such as are freemen, will be inconsistent with the principles that are to be supported, and reflect dishonor on this Colony; and that no slaves be admitted into this army upon any consideration whatever." This rescript did not forbid the enlistment or retention of negroes or mulattoes, but only of those still held in bondage. Many were thereupon as their other rights. They took their place, not in a separate corps, but in the ranks with the White man; and their names may be read on the pension-rolls of the country, side by side with those of other soldiers of the Revolution." -Bancroft's History of the United States, vol. vii., p. 421. May 20, 1775. emancipated in order that they might lawfully serve in the patriot forces; and the tendency to recruiting negroes was so strong that Gen. Gates was constrained to issue the following stringent instructions to the patriot recruiting-officers : "You are not to enlist any deserter from the Ministerial army; nor any stroller, negro, or vagabond, or person suspected of being an enemy to the liberty of America; nor any under eighteen years of age. "As the cause is the best that can engage men of courage and principle to take up arms, so it is expected that none but such will be accepted by the recruiting-officer. The pay, provisions, etc., being so ample, it is not doubted but that the officers sent upon this service will, without delay, complete their respective corps, and march the men forthwith to camp. "You are not to enlist any person who is not an American born, unless such person has a wife and family, and is a settled resident in this country. The persons you enlist must be provided with good and complete arms." In the Continental Congress, Mr. Edward Rutledge, of S. C., moved that all negroes be dismissed from the patriot armies, and was supported therein by several Southern delegates; but the opposition was so formidable and so determined that the motion did not prevail.' Negroes, instead of being expelled from the service, continued to be received, often as substitutes for ex-masters or their sons; and, in Virginia especially, it gradually became a custom among the superior race to respond July 10, 1775. 'So says Bancroft. Sept. 26, 1775. Hening's Statutes at Large of Virginia, vol. xi., p. 308. 9 to an imperative summons to the field by giving an athletic slave his freedom on condition of his taking the place in the ranks assigned to his master. It is stated that, after the close of the war, quite a number who had thus earned their freedom were constrained to suc for it; and that the Courts of the Old Dominion'which had not yet discovered that a slave has no will, and so can make no legal and binding contract-uniformly sustained the action, and gave judgment that compelled the master to act as if he had been honest. The Legislature felt constrained, in 1783, to provide by law' that every slave who had enlisted upon the strength of such a promise should be set free accordingly; to which end, the Attorney-General was required to commence an action in favor of every such patriot soldier thereafter unjustly restrained of his liberty, who should be entitled, upon due proof of his averment, not only to his freedom, but to damages for past injury in withholding and denying it. South Carolina' authorized the enlistment of slaves-though not ostensibly as soldiers-by a vote" of her Provincial Congress, as follows: "Resolved, That the Colonels of the several regiments of militia throughout the colony have leave to enroll such a number of able male slaves, to be employed as pioneers and laborers, as public exigencies require; and vided with arms and clothes enough, and proclaim freedom to all the negroes who would join his camp, 20,000 negroes would join it from the two Provinces in a fortnight. The negroes have a wonderful art of communicating intelli gence among themselves; it will run several hundreds of miles in a week or fortnight. They where-King's friends' and tools of government have say their only security is this: that all the large plantations, and property in negroes; so that the slaves of the Tories would be lost, as well as those of the Whigs." John Adams, in his 'Diary,' gives, under date of Sept. 28, 1775, an account of a conference with Messrs. Bullock and Houston; in he says: "These gentlemen give a melancholy account of the States of Georgia and South Carolina. They say that, if 1,000 regular troops should laud in Georgia, and their commander be pro 10 Nov. 20, 1775. |