Lincoln and Opposition in the North

• Opposition in the leadership
• Economic hardship from the war
• Enrollment Act
• Political rivals/Copperheads

Conflict between:

1. African Americans in New York and Irish-Americans (already upset about inequalities in military)

2. "a rich man's war and a poor man's fight" (economic problems exacerbated this issue)

Horatio Seymour, Governor of NY 1863-1864

• Seymour criticized Lincoln's actions:
• He considered the Emancipation Proclamation and Enrollment Act unconstitutional
• They wrote several letters back and forth about the draft, draft quotas, and the constitutioniality of Lincoln's Enrollment Act

Lincoln's Enrollment Act, March 1863:

Most men ages 20-45 were eligible for the draft:

• Men could pay a fee to get out of the draft
• Men could also hire a substitute

Think-Pair-Share: How does this relate to the earlier discussion about tensions in New York?

Enrollment (the draft):

• Viewed as a "unprecedented intrusion on individuals' lives" (Weber)
• Seymour refused to enforce the law and demanded lower quotas
• Continued tension led to draft riots

Before the conflict heated up, Lincoln attempted to reach out to the newly elected Governor, Seymour, who had already voiced his displeasure with the Emancipation Proclamation.

Previous race/economic tensions+Seymour's leadership+Lincoln's institution of the draft=RIOT

After the riots and Seymour's continued refusal to enact the draft in his state, Lincoln began to get more aggressive in his letters, pleading to the necessity of time in order to preserve the Union. The following word cloud provides a perfect visual of Lincoln's emphasis in his August 7 letter to Seymour.

Executive Mansion, Washington, August 7, 1863

His Excellency Horatio Seymour

Governor of New-York

Your communication of the 3rd. Inst. has been received, and attentively considered.

I can not 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 can not 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. It 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.

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.

Your Obt. Servt.

A. LINCOLN.

Horatio responds to

rioters by referring to

them as "my friends"

Lincoln remained firm in his conviction that the Enrollment Act was

constitutional,

and took further measures to enforce the draft.

"Whereas, in the judgment of the President, it is necessary to use the military force in the State of New York in order to suppress existing unlawful combinations against the enforcement of the laws of the United States..."

Lincoln did not issue the previous proclamation, but gave it to Major General Dix to keep in his pocket in case he needed further legitimacy. The military descended on New York to keep the peace and enforce the draft. Lincoln consistently shows in his actions that he believes that the draft (and his other federal actions) were constitutional.

"I felt that measures, otherwise unconstitutional, might become lawful, by becoming indispensable to the preservation of the constitution, through the preservation of the nation.” (Letter to Albert Hodges, April 4, 1864)

Erastus Corning:

President of New York Central

Railroad; Leader of Democrats

One of the most controversial actions Lincoln took during the Civil War was the suspension of habeas corpus:

• Began authorizing the suspension in 1861
• Issued a proclamation in 1862
• Congress approved Habeas Corpus Act on March 3, 1863

Vallandigham: A staunch Democrat, supporter for Douglas during the 1860 election, anti-Lincoln, anti-war, dissenter

• He was arrested in 1863 without the writ of habeas corpus, which sparked a large group of New York Democrats to write Lincoln.
• Lincoln responds to them in a public letter on July 12, 1863.

Vallandigham:

His arrest without habeas corpus united the Northern opposition against all of Lincoln's policies that limited civil liberties. This fomented an already tense start to the year of 1863, (the draft, draft resistance, large union losses.)

Erastus Corning and other prominent Democrats sent a lengthy letter to Lincoln, remaining patriotic, yet criticizing the recent arrest of Vallandigham and the suspension of habeas corpus.

In response, on June 12, Lincoln wrote a public letter that clarifies his position and confirms his confidence that he is correctly interpreting the Constitution.

https://soundcloud.com/house-divided-project/letter-to-erastus-corning-and

Who can suspend habeas corpus?

Congress or President?

• Lincoln avers repeatedly that it is not WHO but WHEN
• The WHEN is rebellion or invasion

The suspension clause, Article I, Section 9

The privilege of the writ of habeas corpus shall not be suspended, unless when in cases of rebellion or invasion the public safety may require it.

"It worked. Lincoln's actions were often controversial, even among some Republicans, and his personal popularity waxed and waned with the fortunes of the Union armies. But in the end, the public and Congress stayed with him."

-Historian James A. Dueholm

Although Lincoln ultimately remained in a favorable public opinion, it is important to remember that he was not afraid to act on the suspension of habeas corpus.

"As most students of the Lincoln administration's racial policies agree, a historian must pay careful attention not only to what Lincoln said but also to what he actually did. The administration's statistical record on arbitrary arrests is persuasive testimony that Lincoln was not particularly embarrassed by the policy."

-Mark E. Neely, Jr.

Summary

Seymour: Lincoln's draft was an unconstitutional infringement on personal rights

Corning:

Lincoln's actions were

unconstitutional

because Congress

must suspend habeas

corpus, not the

President

Which argument do you agree with?

Did Lincoln misuse his Executive Power?

Lincoln held firm in his belief that his actions

were constitutional, and were for the purpose of preserving the constitution.

New York: Too many tensions

The Irish in NY resented the freed African-Americans that competed for jobs in the Northern cities

Lincoln and New York:

Northern opposition in 1863

Clement Vallandigham

Seymour's response on April 14:

"I have been prevented from giving my views in the manner I intended by a pressure of official duties"

"yield them a just and generous support in all measures they may adopt within the scope of

their constitutional powers."

Lincoln to Seymour: March 23, 1863

"you are at the head of the greatest State of that nation"

"the co-operation of your State...in fact, is indispensable"

(Who determines the suspension is not mentioned)

consistency throughout his letters...

Image of the draft drum

randomly choosing the

next union soldiers