Sunday, June 26, 2016

Major-General John A. Dix to Governor Horatio Seymour, August 8, 1863

Head-quarters, Department of the East, New York City, August 8,1863.

His Excellency Horatio Seymour, Governor of the State of New York:

Sir, — I had the honor to receive on the evening of the 5th instant your letter of the 3d, in reply to mine of the 30th ultimo, informing me that you had made a communication to the President of the United States in relation to the draft in this State, and expressing your belief that his answer would relieve you and me from the painful questions growing out of an armed enforcement of the Conscription Act, etc.

Your Excellency promises to write me again on the subject when you shall have received the President's answer. It will afford me great pleasure to hear from you, and to receive an affirmative answer to the inquiry contained in my letter. But I owe it to my position as commander of this Military Department to anticipate his reply by some suggestions arising out of your answer to me.

You are, no doubt, aware that the draft has been nearly completed in the nine Western Districts, and that it has also been completed in several districts and is in successful progress in others in the central part of the State, under the orders of the Provost-marshal General. It is my duty now, as commanding officer of the troops in the service of the United States in the Department, if called on by the enrolling officers, to aid them in resisting forcible opposition to the execution of the law; and it was 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 and organized resistance to it. But, holding such resistance to the paramount law of Congress to be disorganizing and revolutionary — leading, unless effectually suppressed, to the overthrow of the Government itself, to the success of the insurgents in the seceded States, and to universal anarchy — I designed, if your co-operation 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.

The act under which the draft is in progress was, as your Excellency is aware, passed to meet the difficulty of keeping up the army, through the system of volunteering, to the standard of force deemed necessary to suppress the insurrection. The service of every man capable of bearing arms is, in all countries — those specially in which power is responsible to the people—due to the Government when its existence is in peril. This service is the price of the protection which he receives, and of the safeguards with which the law surrounds him in the enjoyment of his property and life. The act authorizing the draft is entitled “An act for enrolling and calling out the national forces.” I regret that your Excellency should have characterized it as “the conscription act” — a phrase borrowed from a foreign system of enrolment, with odious features from which ours is wholly free, and originally applied to the law in question by those who desired to bring it into reproach and defeat its execution. I impute to your Excellency no such purpose. On the contrary, I assume it to have been altogether inadvertent. But I regret it, because there is danger that, in thus designating it and deprecating “an armed enforcement” of it, you may be understood to regard it as an obnoxious law, which ought not to be carried into execution, thus throwing the influence of your high position against the Government in a conflict for its existence.

The call which has been made for service is for one-fifth part of the arms-bearing population between twenty and thirty-five years of age, and of the unmarried between thirty-five and forty-five.

The insurgent authorities at Richmond have not only called into service heretofore the entire class between eighteen and thirty-five, but are now extending the enrolment to classes more advanced in age. The burden which the loyal States are called on to sustain is not, in proportion to population, one-tenth part as onerous as that which has been assumed by the seceded States. Shall not we, if necessary, be ready to do as much for the preservation of our political institutions as they are doing to overthrow and destroy them — as much for the cause of stable government as they for the cause of treason and for the disorganization of society on this continent? I say the disorganization of society, for no man of reflection can doubt where secession would end if a Southern Confederacy should be successfully established.

I cannot doubt that the people of this patriotic State, which you justly say has done so much for the country during the existing war, will respond to the call now made upon them. The alacrity and enthusiasm with which they have repeatedly rushed to arms for the support of the Government and the defence of the National flag from insult and degradation have exalted the character and given new vigor to the moral power of the State, and will inspire our descendants with magnanimous resolution for generations to come. This example of fidelity to all that is honorable and elevated in public duty must not be tarnished. The recent riots in this city, coupled as they were with the most atrocious and revolting crimes, have cast a shadow over it for the moment. But the promptitude with which the majesty of the law was vindicated, and the fearlessness with which a high judicial functionary is pronouncing judgment upon the guilty, have done and are doing much to efface what, under a different course of action, might have been an indelible stain upon the reputation of the city. It remains only for the people to vindicate themselves from reproach in the eyes of the country and the world by a cheerful acquiescence in the law. That it has defects is generally conceded. That it will involve cases of personal hardship is not disputed. War, when waged for self-defence, for the maintenance of great principles, and for the national life, is not exempt from the suffering inseparable from all conflicts which are decided by the shock of armies; and it is by our firmness and our patriotism in meeting all the calls of the country upon us that we achieve the victory, and prove ourselves worthy of it and the cause in which we toil and suffer.

Whatever defects the act authorizing the enrolment and draft may have, it is the law of the land, framed in good faith by the representatives of the people; and it must be presumed to be consistent with the provisions of the Constitution until pronounced to be in conflict with them by competent judicial tribunals. Those, therefore, who array themselves against it arc obnoxious to far severer censure than the ambitious and misguided men who are striving to subvert our Government, for the latter are acting by color of sanction under Legislatures and conventions of the people in the States they represent. Among us resistance to the law by those who claim and enjoy the protection of the Government has no semblance of justification, and becomes the very blackest of political crimes, not only because it is revolt against the constituted authorities of the country, but because it would be practically striking a blow for treason, and arousing to renewed efforts and new crimes those who are staggering to their fall under the resistless power of our recent victories.

In conclusion, I renew the expression of my anxiety to be assured by your Excellency at the earliest day practicable that the military power of the State will, in case of need, be employed to enforce the draft. I desire to receive the assurance because, under a mixed system of government like ours, it is best that resistance to the law should be put down by the authority of the State in which it occurs. I desire it also because I shall otherwise deem it my duty to call on the general Government for a force which shall not only be adequate to insure the execution of the law, but which shall enable me to carry out such decisive measures as shall leave their impress upon the mind of the country for years to come.

I have the honor to be, very respectfully, yours,

John A. Dix, Major-general.

SOURCE: Morgan Dix, Memoirs of John Adams Dix, Volume 2, p. 78-81

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