686 



NEW YORK. 



Hit Er&lltnty Horatio Stymour, Governor of the State 

 of New York : 



HEADgtTARTERS, DEPARTMENT OF THE EAST, ) 



NEW YORK Citr, July 80M, 1863. $ 

 SIB: As the draft under the Act of Congress of 

 March 3d, 1863, for enrolling and calling out the na- 

 tional forces, will probably be resumed m this city at 

 an early day, I am desirous of knowing whether the 

 military power of the State may be relied on to enforce 

 . cutiou of the law, in case of forcible resistance 

 to it. I am very anxious that there should be perfect 

 harmony of action between the Federal Government and 

 that of the State of New York ; and if under your author- 

 ity to see the laws faithfully executed, 1 can feel as- 

 sured that the act referred to will be enforced, I need 

 not ask the War Department to put at my disposal for 

 the purpose, troops in the service of the United States. 

 lam the more unwilling to make such a request as 

 they could not be withdrawn in any considerable num- 

 ber from the field without prolonging the war and giv- 

 ing aid and encouragement to the enemies of the 

 Union, at the very moment when our successes prom- 

 ise, with a vigorous effort, the speedy suppression of 

 the rebellion. 



I have the honor to be, very respectfully, your obe- 

 dient servant, JOHN A. DIX, Maj.-Gen. 

 ALBANY, Monday, August Stf, 1863. 

 To Ifaj.-Gen. John A. Diz, Commanding Eastern De- 

 partment, &c. : 



SIB : I received your letter on Saturday. I have this 

 day sent to the President of the United States a com- 

 munication in relation to the draft in this State. I be- 

 lieve his answer will relieve you and me from the pain- 

 ful questions growing out of an armed enforcement of 

 the Conscription law in this patriotic State, which has 

 contributed so largely and freely to the support of the 

 national cause during the existing war. When I re- 

 ceive the President's answer, I will write to you again 

 upon the subject of your letter. 



Truly yours, Ac., 



HORATIO SEYMOUR. 



On the 8th of August, Gen. Dix again ad- 

 dressed the governor, saying : 



It is my duty now as commanding officer of the 

 troops in the service of the United States in the de- 

 partment, 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 oeen 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, lead- 

 ing, unless effectually suppressed, to the overthrow of 

 the Government itself, to the success of the insurgents 

 of the seceded States, and to universal anarchy, 1 de- 

 signed, if your cooperation could not be relied on, to 

 ask the General Government for a force which should 

 be adequate to ensure the execution of the law, and to 

 meet any emergency growing out of it 



To this letter Gov. Seymour, who had, in 

 the meantime, failed to obtain from the Presi- 

 dent a suspension of the draft, replied on the 

 15th, saying : 



As you state in vour letter that it is your duty to en- 

 force the act of Congress, and as you apprehend its 

 provisions may excite popular resistance, it is pro- 

 posed you should know the position which will be neld 

 by the State authorities. Of course, under no circum- 

 stances, can they perform duties expressly confided to 

 others ; nor can they undertake to relieve others from 

 their proper responsibilities. But there can be no 



enforced under all circumstances. I shall take care 

 that all the executive officers of this State perform their 

 duties vigorously and thoroughly, and, if need be, the 

 military power will be called into requisition. 



As you are an officerof the General Government, 

 and not of the State, it does not become me to make 

 suggestions to you with regard to your action under a 

 law of Congress. You will, of course, be governed by 

 your instructions, and your own views of duty. 



On the 18th, Gen. Dix again wrote to the 

 governor, saying:' 



Not having received an answer from you, I applied 

 to the Secretary of War on the 14th instant, for a force 

 adequate to the object. The call was promptly re- 

 sponded to, and I shall be ready to meet all opposition, 

 to the draft. 



Gov. Seymour replied on the 20th, stating 

 that rib notice had been sent to him when the 

 draft would take place ; neither had there 

 been of the previous one ; and that he expected 

 some interval between the notice and the draft. 

 He said : 



You will see that no time was allowed for getting 

 credits for volunteers, for making suggestions or pre- 

 parations. I do not know that the fault rests with Col. 

 Fry, but it is proper for me to state these facts. 



The specific objections of the governor 

 were, that New York City and Brooklyn did 

 not get due credit for the past, and that 

 the enrolments were excessive, as compar- 

 ed with other portions of the State; and 

 that the draft, as proposed, would throw 

 upon the eastern portion of the State, compris- 

 ing less than one third of the congressional 

 districts, more than one half of the burdens of 

 the conscription. Figures were presented to 

 sustain these objections. So far as related to 

 any political comparison of the congressional 

 districts, the judge-advocate-general said : 



The nine anti-Lincoln districts are required to fur- 

 nish nearly as many conscripts as the nineteen Lincoln 

 districts, although the latter polled more than three 

 times as many votes ; as follows : 



1860. 



LINCOLN DISTRICTS. 



12.. 

 13.. 

 15.. 



16.. 



17.. 



13.. 



19.. 



20.. 



21.. 



22.. 



28.. 



24.. 



25.. 



26.. 



27.. 



28.. 



29.. 



80. 



81.. 



Totals... 



Total 

 vote. 



22,664 



25,540 

 17,167 

 20,874 

 27,389 

 29,188 

 2S,522 

 21,519 

 23,995 

 24,070 

 28,497 

 22.817 

 25,566 

 27,673 

 24,204 

 22,541 

 23,815 

 21,518 



457,257 



equir'd 



39.0-20 



ANTI-LIKCOIV Dirnucm. 



The three districts to which a quota has not been as- 

 signed each gave an anti-Lincoln majority. 



The whole matter was referred for investiga- 

 tion by the Secretary of War to the committee, 

 above mentioned, whose report sustained the 



