NOTES

1 Abraham Lincoln, Works, II, Letter to Mr. Hodges.

2 It is to be noted that the clause on the writ occurs in the section wherein are enumerated the powers of Congress.

3 For the bitterness of the opposition, especially by the Democrats, see the newspapers, July–December, 1861, and Debates in Congress and Senate, December 16, 1861, and April 29, 1862.

4 Lincoln, Works, II.

5 McPherson, History of the Rebellion, p. 154.

6 Lincoln, Works.

7 12 Statutes at Large, 755, c. 81.

8 Alexander Johnston, in Lalor's Encyclopedia.

9 Rhodes, History, IV, 230–231, note. He compares this with imprisonments in England during the Napoleonic Wars: “From April to December, 1798 … 70 or 80 persons had been apprehended, but not brought to trial…. In December only a few still remained in prison. From May, 1799, to February, 1800, but three men had been arrested; yet it was a subject of indignant remonstrance by two lords … that twenty-nine persons were immured in jail still without being brought to trial.”

10 Marshall, American Bastile, introduction, p. xxxii.

11 Rhodes, History, IV, 234.

12 Bryce, American Commonwealth, I, 61.

13 Roger Taney, Reports, Ex parte Merryman. See McPherson, History of the Rebellion, VIII, 154 for the facts.

14 Official Records, series 2, II, 20, “An Opinion on the President's Power of Arrest.”

15 See The Public Record of Horatio Seymour, pp. 94–100, 121, 254. For Curtin's action see The Philadelphia Enquirer, Feb. 13, 1863. The violent pamphlet warfare was led by Horace Binney, Mr. Lincoln's chief apologist. McPherson's History gives the views of Binney and Parsons. See also B. R. Curtis, Life and Writings, II, 306; and a volume of pamphlets on both sides in the New York Public Library.

16 Official Records, series I, XXIII, part 2.

17 McCabe, Life of Horatio Seymour, pp. 135–150 gives the “Albany Resolutions” by the Democratic Party of New York, and Letter to Erastus Corning, et al.; Lincoln's Letter of Defense to Erastus Corning, and the Albany Democrats is in Works, II, 360. Raymond, Lincoln, p. 378; Hart, History by Contemporaries, IV, 402, and Guide to Readings, sec. 213–214. Appendix, Congressional Globe, 37th Congress, 3rd session, pp. 53–59. See Vallandigham's Speech in Congress, Jan. 14, 1863.

18 J. F. Rhodes, History, IV, 245–252.

19 James L. Vallandigham, Memoir of C. L. Vallandigham, supplement, p. 63.

20 Clement L. Vallandigham, Speeches, p. 505.

21 Vallandigham, op. cit., Nicolay and Hay, Lincoln, VII, chap. xii.

22 Lincoln, Works, II, 342.

23 I Wallace 243.

24 C. L. Vallandigham, Speeches, p. 472.

25 Account reprinted from The Philadelphia Enquirer.

26 Ex parte Milligan, 4 Wallace 2. See Marshall, American Bastile, pp. 71–91 for his imprisonment; James A. Garfield, Works, I, 143 for argument to the court; Ben Pittman, Trials for Treason at Indianapolis, story of the trial.

27 Frank Moore, Rebellion Records, I, 78, 123, 190: II, 460. See also McPherson, Political History; Marshall, American Bastile. The Philadelphia incident is in the New York Times, April 16, 1861.

28 See note 27.

29 Moore, Rebellion Records, III, 3, quoting the New Haven Palladium.

30 Ibid., p. 4.

31 The New York Tribune, August 20, 1861, p. 5.

32 The New York Tribune, August 31, 1861.

33 Nicolay and Hay, Life of Lincoln, VI, 334; McPherson, History of the Rebellion, pp. 522, 546; Fleming, Documentary History of Reconstruction, II, 221, et seq.

34 Report of the Judge Advocate General, April 30, 1864.

35 Lincoln, Works, II, 290; Nicolay and Hay, Life of Lincoln, VI, 334.

36 Orders of the War Department, November 30, 1863; Lincoln, Works, pp. 480, 481, 491, 521.

37 Marshall, American Bastile, p. 119.

38 Moore, Rebellion Records, III, 5, prints an account from the New Haven Palladium.

39 Moore, Rebellion Records, II, 490, reprint from the Boston Journal.

40 Moore, Rebellion Records, II, 531.

41 McPherson, History of Rebellion, p. 188.

42 Official Records, series 2, II, 936–956.

43 Marshall, American Bastile, p. 111.

44 Here he includes the arguments by Amos Kendall, 1835, and the Attorney-General, 1857, justifying the non-delivery of “incendiary” Abolitionist mail. See above pp. 109, 112.

45 E. McPherson, Political History, p. 189.

46 Congressional Globe, 37th Congress, 1st session.

47 Record Book, State Department, reported in Official Records, series 2, II, 771.

48 New York Tribune, September 4 and 9, 1861.

49 Official Record, loc. cit., pp. 802–804.

50 New York Tribune, July 17, 1861.

51 Rhodes, History, IV, 253; Horace Greeley, The American Conflict.

52 McCabe, Life of H. Seymour, pp. 177–178; see also Public Record of H. Seymour, pp. 218–220.

53 Fleming, Documentary History of Reconstruction, I, 441.

54 Ibid., p. 441.

55 For conscription in the Revolutionary War see chapter I. In 1812 it arose in minor technical questions as to the right of the States to conscript, on the powers of State versus National armies, and respecting the status of members of the militia. See Houston Moore, 5 Wheaton 1; Martin v. Mott, 12 Wheaton 19; Luther v. Borden, 7 Howard 1.

56 See Knoedler v. Lane, 45 Pennsylvania State Reports, 238, for long arguments, and a very full opinion by the judge. For similar decisions upholding the law in the Confederacy see R. P. Brooks, Conscription in the Southern States, and cases—34 Georgia 27; 39 Alabama 254; 26 Texas 386.

57 12 Statutes at Large 731.

58 J. A. Marshall, The American Bastile, pp. 303–316 presents one side of these incidents.

59 Fite, Social Conditions during the Civil War, p. 189.

60 Herman Schluter, Lincoln, Labor, and Slavery (a Socialist interpretation) declares: “The cause of the draft riots in New York was exclusively social. It arose from the fact that the propertied class with all the force of its economic and political prestige, attempted to unload the blood tax … from its own shoulders onto those of the working class.” Chap, iv, p. 203. For facts on the New York Riots see Col. James B. Fry, New York and Conscription, 1863; James D. McCabe, Life of H. Seymour, and Public Record of H. Seymour; S. F. Headley, The Great Draft Riots, p. 149, et seg.; A. B. Hart, History by Contemporaries, IV, 376; Rhodes, History, IV, 321, 328; Nicolay and Hay, Lincoln, VII, chaps. i and ii; Anna Dickensen, “The New York Riots,” Harper's Magazine, January, 1867. The Congressional Globe, and New York City newspapers of the period.

61 Fite, op. cit., p. 192.

62 Fernando G. Cartland, Southern Heroes, p. 131.

63 13 Statutes at Large 6.

64 Lincoln, Works, II, 243, 573.

65 Other records are: Ethan Foster, The Conscript Quakers (privately printed, the Riverside Press, 1883); Allen Thomas, History of the Quakers.

66 Cyrus Pringle, The Record of a Quaker Conscience, edited by Rufus Jones.

67 Cartland, op. cit., Introduction by Benjamin Trueblood, p. xxvii.

68 Cartland, Southern Heroes, pp. 191–193.

69 Cartland, op. cit., chap. ix, and p. 200.

70 Cartland, op. cit., chap. ix, and p. 200.

71 J. R. Commons, et al., History of Labor in the United States, II, 23.

72 Schluter, Lincoln, Labor, and Slavery, p. 214.

73 Schluter, op. cit., p. 216.