layed, with campaigns thwarted, with public sentiment despondent, armies ceased to fill. An emergency call for three hundred thousand nine months' men, issued on August 4, 1862, produced a total of only eightysix thousand eight hundred and sixty; and an attempt to supply these in some of the States by a draft under State laws demonstrated that mere local statutes and machinery for that form of military recruitment were defective and totally inadequate.

With the beginning of the third year of the war, more energetic measures to fill the armies were seen to be necessary; and after very hot and acrimonious debate for about a month, Congress, on March 3, 1863, passed a national conscription law, under which all male citizens between the ages of twenty and fortyfive were enrolled to constitute the national forces, and the President was authorized to call them into service by draft as occasion might require. The law authorized the appointment of a provost-marshal-general, and under him a provost-marshal, a commissioner, and a surgeon, to constitute a board of enrollment in each congressional district; who, with necessary deputies, were required to carry out the law by national authority, under the supervision of the provost-marshal-general.

For more than a year past, the Democratic leaders. in the Northern States had assumed an attitude of violent partizanship against the administration, their hos-. tility taking mainly the form of stubborn opposition to the antislavery enactments of Congress and the emancipation measures of the President. They charged with loud denunciation that he was converting the maintenance of the Union into a war for abolition, and with this and other clamors had gained considerable successes in the autumn congressional elections of

1862, though not enough to break the Republican majority in the House of Representatives. General McClellan was a Democrat, and, since his removal from command, they proclaimed him a martyr to this policy, and were grooming him to be their coming presidential candidate.

The passage of the conscription law afforded them a new pretext to assail the administration; and Democratic members of both Houses of Congress denounced it with extravagant partizan bitterness as a violation of the Constitution, and subversive of popular liberty. In the mouths of vindictive cross-roads demagogues, and in the columns of irresponsible newspapers that supply the political reading among the more reckless elements of city populations, the extravagant language of Democratic leaders degenerated in many instances into unrestrained abuse and accusation. Yet, considering that this was the first conscription law ever enacted in the United States, considering the multitude of questions and difficulties attending its application, considering that the necessity of its enforcement was, in the nature of things, unwelcome to the friends of the government, and, as naturally, excited all the enmity and cunning of its foes to impede, thwart, and evade it, the law was carried out with a remarkably small proportion of delay, obstruction, or resulting violence.

Among a considerable number of individual violations of the act, in which prompt punishment prevented a repetition, only two prominent incidents arose which had what may be called a national significance. In the State of New York the partial political reaction of 1862 had caused the election of Horatio Seymour, a Democrat, as governor. A man of high character and great ability, he, nevertheless, permitted his partizan

feeling to warp and color his executive functions to a dangerous extent. The spirit of his antagonism is shown in a phrase of his fourth-of-July oration:

"The Democratic organization look upon this administration as hostile to their rights and liberties; they look upon their opponents as men who would do them wrong in regard to their most sacred franchises."

Believing-perhaps honestly-the conscription law to be unconstitutional, he endeavored, by protest, argument, and administrative non-compliance, to impede its execution on the plea of first demanding a Supreme Court decision as to its legality. To this President Lincoln replied:

"I cannot consent to suspend the draft in New York, as you request, because, among other reasons, time is too important. I do not object to abide a 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 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."

Notwithstanding Governor Seymour's neglect to give the enrolling officers any coöperation, preparations for the draft went on in New York city without prospect of serious disturbance, except the incendiary language of low newspapers and handbills. But scarcely had the wheel begun to turn, and the drawing commenced, on July 13, when a sudden riot broke out.

First demolishing the enrolling-office, the crowd next attacked an adjoining block of stores, which they plundered and set on fire, refusing to let the firemen put out the flames. From this point the excitement and disorder spread over the city, which for three days was at many points subjected to the uncontrolled fury of the mob. Loud threats to destroy the New York "Tribune" office, which the inmates as vigorously prepared to defend, were made. The most savage brutality was wreaked upon colored people. The fine building of the colored Orphan Asylum, where several hundred children barely found means of escape, was plundered and set on fire. It was notable that foreigners of recent importation were the principal leaders and actors in this lawlessness in which two million dollars worth of property was destroyed, and several hundred persons lost their lives.

The disturbance came to an end on the night of the fourth day, when a small detachment of soldiers met a body of rioters, and firing into them, killed thirteen, and wounded eighteen more. Governor Seymour gave but little help in the disorder, and left a stain on the record of his courage by addressing a portion of the mob as "my friends." The opportune arrival of national troops restored, and thereafter maintained, quiet and safety.

Some temporary disturbance occurred in Boston, but was promptly put down, and loud appeals came from Philadelphia and Chicago to stop the draft. The final effect of the conscription law was not so much to obtain recruits for the service, as to stimulate local effort throughout the country to promote volunteering, whereby the number drafted was either greatly lessened or, in many localities, entirely avoided by filling the State quotas.

The military arrest of Clement L. Vallandigham, a Democratic member of Congress from Ohio, for incendiary language denouncing the draft, also grew to an important incident. Arrested and tried under the orders of General Burnside, a military commission found him guilty of having violated General Order No. 38, by "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"; and sentenced him to military confinement during the war. Judge Leavitt of the United States Circuit Court denied a writ of habeas corpus in the case. President Lincoln regretted the arrest, but felt it imprudent to annul the action of the general and the military tribunal. Conforming to a clause of Burnside's order, he modified the sentence by sending Vallandigham south beyond the Union military lines. The affair created a great sensation, and, in a spirit of party protest, the Ohio Democrats unanimously nominated Vallandigham for governor. Vallandigham went to Richmond, held a conference with the Confederate authorities, and, by way of Bermuda, went to Canada, from whence he issued a political address. The Democrats of both Ohio and New York took up the political and legal discussion with great heat, and sent imposing committees to present long addresses to the President on the affair.

Mr. Lincoln made long written replies to both addresses, of which only so much needs quoting here as concisely states his interpretation of his authority to suspend the privilege of the writ of habeas corpus:

"You ask, in substance, whether I really claim that I may override all the guaranteed rights of individuals, on the plea of conserving the public safety—when 1 may choose to say the public safety requires it. This