The Great Riots of New York, 1712 to 1873 Part 7

In the autumn, there came a financial crisis, that was so wide-spread and disastrous that the lower cla.s.ses suffered for want of food. Banks suspended specie payment, manufactories were forced to stop work, and paralysis fell on the whole industry of the nation. It was estimated that ten thousand persons were thrown out of employment. These soon used up their earnings, and dest.i.tution and suffering of course followed.

Their condition grew worse as cold weather came on, and many actually died of starvation. At length they became goaded to desperation, and determined to help themselves to food. Gaunt men and women, clad in tatters, gathered in the Park, and that most fearful of all cries, when raised by a mob, "Bread," arose on every side. Propositions were made to break open the stores, and get what they needed. Flour was h.o.a.rded up in them because so little could be got on from the West. The granaries there were groaning with provisions; but there was no money to pay for the transportation. There was money East, but kept locked up in fear. As this became known to the mob, their exasperation increased. To know that there were both food enough and money enough, while they were starving to death, was enough to drive them mad, and there were ominous mutterings. Fortunately, the authorities saw in time the threatened danger, and warded it off. A great many were set to work on the Central Park and other public works, while soup-houses were opened throughout the city, and private a.s.sociations formed to relieve the suffering; and the winter pa.s.sed without any outbreak, though more than five thousand business-houses in the country failed, with liabilities reaching three hundred millions of dollars.

CHAPTER X.

DRAFT RIOTS OF 1863.

Cause of the Riots--The London _Times_.--Draft called a despotic Measure.--The despotic Power given to Was.h.i.+ngton by Congress.--Despotic Action sometimes Necessary, in order to save the Life of the Nation.--The Rights of Government.--Drafting the Legitimate Way to raise an Army--It is not Unequal or Oppressive.

The ostensible cause of the riots of 1863 was hostility to the draft, because it was a tyrannical, despotic, unjust measure--an act which has distinguished tyrants the world over, and should never be tolerated by a free people. Open hostility to oppression was more than once hinted in a portion of the press--as not only a right, but a duty.

Even the London _Times_ said, "It would have been strange, indeed, if the American people had submitted to a measure which is a distinctive mark of the most despotic governments of the Continent." As if the fact that a measure, because resorted to by a despotic government, was therefore necessarily wrong. It might as well be said, that because settling national difficulties by an appeal to arms has always been a distinctive feature of despotic governments, therefore the American people should refuse to sustain the government by declaring or prosecuting any war; or that because it has always been a distinctive feature of despotic governments to have naval and military schools, to train men to the art of war, therefore the American people should not submit to either. It is not of the slightest consequence to us what despotic governments do or not do; the simple question is, whether the measure is necessary for the protection of our own government, and the welfare of the people. To leave this untouched, and talk only about despotism, the right of the people, and all that, is mere demagogism, and shows him who utters it to be unfit to control public opinion.

Besides, there is a great difference between measures that are despotic, which are put forth to save the nation's life, or honor, and those put forth to destroy freedom, and for selfish ends. Not that, intrinsically, despotic measures are always not to be deprecated and avoided, if possible; for if tolerated in one case, they may be exacted in another.

[Ill.u.s.tration: FORT LAFAYETTE, NEW YORK HARBOR.]

[Ill.u.s.tration: FORT HAMILTON, from whence U.S. Troops were sent to aid in suppressing the Draft Riot of 1863.]

Liberty can never be guarded too carefully, or the barriers erected around the rights of every individual respected too scrupulously. But everything in this world is a choice between two evils. The greatest wisdom cannot avoid _all_ evils; it can only choose the least. Sound statesmans.h.i.+p regards any stretch of power better than the overthrow of the nation. Probably there never was a more able and wise body of men a.s.sembled, or more jealous of any exercise of arbitrary power, than the First Congress of the United States; and yet, almost in the commencement of our struggle for independence, when events wore such a gloomy aspect that failure seemed inevitable, rising above its fears of despotic measures, in its greater fear of total defeat, it conferred on Was.h.i.+ngton powers that made him to a large extent military dictator. He was authorized to raise sixteen battalions of infantry, three thousand light-horse, three regiments of artillery, together with a corps of engineers, and _appoint the officers himself_. He had, also, full power, when he deemed it necessary, to call on the several States for the militia; to appoint throughout _the entire army all the officers under brigadiers_; fill up all vacancies; to take whatever he wanted for the use of his troops, wherever he could find it, with no other restriction than that he must pay for it, which last was nullified, because he was empowered to _seize and lock up every man who refused to receive in pay Continental money_. It would seem impossible that a body of men who were so extremely sensitive in bestowing power on a military commander, and so watchful of the rights of individuals, could have committed such an act; and yet, who does not see that, under the circ.u.mstances, it was wise. Now, granting that conscription is a despotic measure, no truthful, candid man will deny that, in case of a war, where men must be had, and can be got in no other way, that it would be the duty of government to enforce it. It is idle to reply that the supposition is absurd--that in this country such a thing can never happen; for what has been in the world can be again. Besides, this does meet the question of the _right_ of the Government, that must be settled before the emergency comes. Now, we do not believe there is sounder principle, or one that every unbia.s.sed mind does not concede with the readiness that it does an axiom, that, if necessary to protect and save itself, a government may not only order a draft, but call out _every_ able-bodied man in the nation. If this right does not inhere in our government, it is built on a foundation of sand, and the sooner it is abandoned the better.

But we go farther, and deny that a draft is a despotic measure at all, but is a just and equitable mode of raising an army. True, if troops enough can be raised on a reasonable bounty, it is more expedient to do so; but the moment that bounty becomes so exorbitant as to tempt the cupidity of those in whom neither patriotism nor sense of duty have any power, volunteering becomes an evil. We found it so in our recent war.

The bounty was a little fortune to a certain cla.s.s, the benefit of which they had no idea of losing by being shot, and hence they deserted, or shammed sickness, so that scarce half the men ever got to the front, while those who did being influenced by no motive higher than cupidity, became worthless soldiers. A draft takes in enough men of a higher stamp to leaven the ma.s.s. The first Napoleon, when asked what made his first "army of Italy" so resistless, replied that almost every man in it was intelligent enough to act as a clerk. The objection that a rich man, if drafted, can buy a subst.i.tute, while the poor man, with a large family depending upon him, must go, if of any weight at all, lies against the whole structure of society, which gives the rich man at every step immunities over the poor man. When pestilence sweeps through a city, the rich man can flee to a healthy locality, while the poor man must stay and die; and when the pestilence of war sweeps over the land, must one attempt to reverse all this relation between wealth and poverty?

When society gets in that happy state, that the rich man has no advantages over the poor, there will be no need either of drafting or volunteering. Yet, after all, it is not so unequal as it at first sight appears. War must have money as well as men, and the former the rich have to furnish; and if they do this, it is but fair that they should be allowed to furnish with it also the men to do their fighting. Besides, there must be some rule that would exempt the men that carry on the business of the country.

We have said this much, because the riots in New York, which might have ended in national destruction, were brought about by preaching views directly the opposite of these.

The military spirit is so prevalent in the nation, that in any ordinary war the Government can get all the troops it wants by giving a moderate bounty, and wages but a little greater than can be secured at any ordinary business or occupation. Still, the right to raise them differently should never be denied it.

When the old militia system was given up in the State, and a certain number of regiments were raised and equipped and drilled for active duty, and for which the people paid taxes, it was thought they would furnish all the quota that would ever be called for from the State--and in any ordinary war will. The crisis, however, in which we found ourselves had never been antic.i.p.ated, and hence not provided against, and when Congress attempted to do it in what seemed to it the best way, an outcry was raised of injustice and oppression. It was hard, doubtless, but there are a great many hard things in the world that have been and have to be borne. The feeling of hostility unquestionably would have been less intense, had not so many of those to be drafted been bitterly opposed to the war. Believing it to have been brought about by the reckless demagogism and fanaticism of their political opponents, and levied as it was against those who had been their warm political friends, indeed, chief dependence for political success, it was asking a good deal, to require them to step to the front, and fight in such a war. Whether this feeling was right or wrong, had nothing to do with the influence it actually exerted.

On this feeling was based, in fact, the real hostility to the draft, in which a portion of the press shared. But, as we said before, we having nothing to do with the justice or injustice of this belief or feeling; we only state the fact, with our denial that it furnished any excuse for the denunciations uttered against the draft as a wrong use of power, or the refusal to submit to it on that account. The Government, whether wrong or right, must be supported, or abandoned and given over to revolution. In ordinary times, denunciation of its measures, and the most strenuous opposition to them, is the right and often the duty of every conscientious man. This right, exercised by the press, is one of the most effectual checks against abuses, and the most powerful lever to work reform and changes. But in a great crisis, to set one's self against a measure on which the fate of the nation hangs, is a flagrant abuse of that right; for the effort, if successful, will not work change and an improved condition of things, but immediate, irretrievable ruin, and put the nation beyond the reach of reform.

CHAPTER XI.

Rights of Munic.i.p.alities.--Interference of the Legislature with the City Government.--Conflict between the Governor and Police Commissioners.--A Wrong becomes a Practical Blessing.--Provost Marshals.--Riot not antic.i.p.ated.--Bad time to commence the Draft.--Preparations of Superintendent Kennedy.--The Police System.--Attack on Provost Marshal Captain Erhardt.--Telegrams of the Police.--Kennedy starts on a Tour of Observation.

The rights of munic.i.p.alities have been conceded from the first dawn of const.i.tutional liberty indeed munic.i.p.al freedom may be said to be the first step in the onward progress of the race toward the full recognition of its rights. To interfere with a great commercial city like New York, except by general laws, is as a rule unwise, impolitic, and, indeed, unjust. Like a separate State, it had better suffer many and great evils, than to admit the right of outward power to regulate its internal affairs. To do so, in any way, is fraught with mischief; but to do so as a political party, is infinitely more pernicious.

It leaves a great metropolis, on which the welfare of the commercial business of the nation mainly depends, a foot-ball for ambitious or selfish politicians to play with. But as there are exceptions to all rules, so there may be to this--still they should always be exceptions, and not claimed as a settled policy.

We mention this, because the interference of the Legislature, or rather the dominant part of it, in the internal policy of New York, about the time the war commenced, was in itself a mischievous and tyrannical act, while, under the circ.u.mstances that soon after occurred, it proved of incalculable benefit.

With the city stripped of its military, and the forts in the harbor of their garrisons, the police, under the old regime, during the draft riots, would have been trustless and powerless, even if the city government had attempted to uphold the national authority, which is doubtful. The Republicans established a Board of Police Commissioners, the majority of which were of their own political faith, who had the entire control of the department. Under their hands, an entire different set of men from those formerly selected, composed the force, and a regular system of drills, in fact, a thorough organization, adopted.

But in 1862 the Democrats elected their governor, though they failed to secure the Legislature. Mr. Seymour, immediately on his inauguration, summoned the Commissioners to appear before him, the object of which was to change the character of the board. The latter understood it, and refused to appear. Legal proceedings were then commenced against them, but they were staved off, and in the meantime the Legislature had got to work, and took the matter in hand; and Messrs. Bowen, Acton, and Bergen, were made to const.i.tute the board--John A. Kennedy being superintendent of police. Mr. Bowen, the president of the board, having been appointed brigadier-general, resigned, and Mr. Acton, under the law, became president. This political character of the board, so diametrically opposed to the feelings and wishes of the vast majority of the citizens, tested by the ordinary rules and principles of a Republican Government, was unjust; a palpable, deliberate encroachment on the right of self-government. But as we remarked, just now, it was fortunate for the country that such a state of things existed. In the extraordinary, not antic.i.p.ated, and perilous condition in which we found ourselves, everything was changed. Neither const.i.tutions nor laws had been framed to meet such an emergency, and both, in many cases, had to be suspended.

What was right before, often became wrong now, and vice versa. The article inserted in the Const.i.tution of the State, that the moment a bank refused specie payment, it became bankrupt, was a wise and just provision, but to enforce it now, would be financial ruin, and it was not done.

This usurpation of the government of New York by the Republican party, which seemed so unjust, was, doubtless, under the circ.u.mstances, the salvation of the city. It was, moreover, highly important to the whole country, in the anomalous war which threatened our very existence, that the controlling power of the city should be in sympathy with the General Government, but it was especially, vitally so, when the latter put its provost marshals in it to enforce the draft. That this _mode_ of enforcing the draft by provost marshals, was an encroachment on the rights and powers of the separate States, there can be no doubt. It is equally clear that the proper way was to call on the separate governors for their quota, and let _them_ enforce the draft. If they refused to do it, then it was time for the General Government to take the matter in its own hand. This, however, was no encroachment on _individual_ rights.

The oppressive nature of the act and the result were the same to the person, whether enforced by the State or General Government. Still it was a total departure from the practice of the General Government since its first organization, and it moreover established a dangerous precedent, which the sooner it is abandoned the better. But this had nothing to do with the opposition to the draft. That was a personal objection.

With the Police Department in sympathy with the rioters, it is not difficult to see what the end would have been. We do not mean by that, that the heads of the department would not have endeavored to do their duty, but it would have been impossible to control the kind of element they would inevitably have to deal with. This even the long-tried, trusted leaders of the Democratic party acknowledged. In fact, the police force would not have been in a condition, with ever so good a will, to have acted with the skill and promptness it did.

The draft riots, as they are called, were supposed by some to be the result of a deep-laid conspiracy on the part of those opposed to the war, and that the successful issue of Lee's invasion of Pennsylvania was to be the signal for open action. Whether this be so or not, it is evident that the outbreak in New York City on the 13th of July, not only from the manner of its commencement, the absence of proper organization, and almost total absence of leaders.h.i.+p, was not the result of a general well-understood plot. It would seem from the facts that those who started the movement had no idea at the outset of proceeding to the length they did. They simply desired to break up the draft in some of the upper districts of the city, and destroy the registers in which certain names were enrolled.

A general provost marshal had been appointed over the whole city, which was subdivided into various districts, in each of which was an a.s.sistant provost marshall. Although there had been no provision for a general a.s.sistant provost marshal or aid, yet Colonel Nugent acted in this capacity. The drafting was to take place in the separate districts, under the direction of the a.s.sistant provost marshals.

Although there had been some rumors of resistance to it, they received very little credence, and no special provision was made for such an emergency. The city was almost denuded of the military; the regiments having been called to Pennsylvania to repel Lee's invasion; yet so little fear was entertained, that even the police department was not requested to make any special preparation. The Invalid Corps, as it was called, composed of the maimed and crippled soldiers who could no longer keep the field, were thought to be quite sufficient to preserve the peace.

The draft commenced on Sat.u.r.day in the Eleventh and Ninth Districts, and pa.s.sed off quietly; and it was thought the same order would be maintained throughout, and if any force were necessary to repress violence, it would be when the conscripts were required to take their place in the ranks.

Still Superintendent Kennedy of the Police Department feared there might be some difficulty experienced by the officers in charge of the draft, even if no serious resistance should be offered. Some of the enrolling officers, a short time previous, while taking the names of those subject to draft, had been a.s.sailed with very abusive language, or their questions received in sullen silence or answered falsely; fict.i.tious names often being given instead of the true ones. In the Ninth District, embracing the lower part of the city, the provost marshal, Captain Joel T. Erhardt, came near losing his life in the performance of this duty.

At the corner of Liberty Street and Broadway a building was being torn down, preparatory to the erection of another, and the workmen engaged in it threatened the enrolling officer who came to take down their names, with violence, and drove him off.

Captain Erhardt, on the report being made to him, repaired to head-quarters, and requested of Colonel Nugent a force of soldiers to protect the officer in the discharge of his duty. But this the latter declined to do, fearing it would exasperate the men and bring on a collision, and requested the Captain to go himself, saying, if he did, there would be no difficulty. Captain Erhardt declined, on the ground that he was not an enrolling officer. But Colonel Nugent persisting, the Captain finally told him, if he ordered him, as his superior officer, to go, he would. Nugent replied that he might so consider it. Erhardt then said he would go, but only on one condition, that if he got in trouble and asked for help, he would send him troops. To this he agreed, and Captain Erhardt proceeded to the building on the corner of Broadway and Liberty Street, and stepping on a plank that led from the sidewalk to the floor, asked a man on a ladder for his name. The fellow refused to answer, when an altercation ensuing, he stepped down, and seizing an iron bar advanced on the provost marshal. The latter had nothing but a light Malacca cane in his hand, but as he saw the man meant murder he drew a pistol from his pocket, and levelled it full at his breast.

This brought him to a halt; and after looking at Erhardt for awhile he dropped his bar. Erhardt then put up his pistol, and went on with his enrolling. The man was dogged and angry, and watching his opportunity, suddenly made a rush at the provost marshal. The latter had only time to deal him, as he sprang forward, one heavy blow with his cane, when they closed. In a moment both reeled from the plank and fell to the cellar beneath, the provost marshal on top. Covered with dirt, he arose and drew his pistol, and mounted to the sidewalk.

The foreman sympathized with the workmen, and Erhardt could do nothing.

Determined to arrest them for resisting the draft, he despatched a messenger to Colonel Nugent for the promised force. None, however, was sent. He, in the meantime, stood with drawn pistol facing the men, who dared not advance on him. Aid not arriving, he sent again, and still later a third time. He stood thus facing the workmen with his pistol for three hours, and finally had to leave without making any arrests. This failure of Colonel Nugent to fulfil his promise and perform his duty came near costing Erhardt his life, and then and there starting the riot. The next day he had the foreman arrested, and completed his work of enrolling.

The time selected for commencing the draft was unfortunate. Sat.u.r.day, of all days in the week, was the worst. It was a new thing, and one under any circ.u.mstances calculated to attract universal attention among the lower cla.s.ses, and provoke great and angry discussion. Hence, to have the draft commence on Sat.u.r.day, and allow the names to be published in the papers on Sunday morning, so that all could read them, and spend the day in talking the matter over, and lay plans for future action, was a most unwise, thoughtless procedure. If there had been any choice as to the day, one, if possible, should have been chosen that preceded the busiest day of the week. To have the list of twelve hundred names that had been drawn read over and commented on all day by men who enlivened their discussion with copious draughts of bad whiskey, especially when most of those drawn were laboring-men or poor mechanics, who were unable to hire a subst.i.tute, was like applying fire to gunpowder. If a well-known name, that of a man of wealth, was among the number, it only increased the exasperation, for the law exempted every one drawn who would pay three hundred dollars towards a subst.i.tute. This was taking practically the whole number of soldiers called for out of the laboring cla.s.ses. A great proportion of these being Irish, it naturally became an Irish question, and eventually an Irish riot. It was in their eyes the game of hated England over again--oppression of Irishmen. This state of feeling could not be wholly concealed. Kennedy, aware of it, felt it necessary, on Monday morning, to take some precautionary measures.

Still, in the main, only small squads of policemen were sent to the various points where the drafting was to take place, and merely to keep back the crowd and maintain order, in case a few disorderly persons should attempt to create disturbance. It was true, a rumor had been put in circulation that a body of men had planned to seize the a.r.s.enal, and Kennedy, as a matter of precaution, sent fifty policemen to occupy it. But during the morning, word was brought him that the street-contractor's men in the Nineteenth Ward were not at work. This looked ominous, and he began to fear trouble. Thinking that Provost Marshal Maniere's office, 1190 Broadway, and that of Marshal Jenkins, corner of Forty-sixth Street and Third Avenue, would be more likely to be the points attacked, he hurried off the following telegrams:

July 13, 8.35 A.M. From Central Office to Seventeenth, Eighteenth, and Twenty-first Precincts: Send ten men and a sergeant forthwith to No. 677 Third Avenue, and report to Captain Porter of Nineteenth Precinct for duty. J. A. KENNEDY.

July 13, 8.50 A.M. To Twenty-ninth Precinct: Place a squad of ten of your men, with a competent sergeant, at No. 1190 Broadway, during the draft--if you want more, inform me. J. A. K.

8.55 A.M. To Sixteenth and Twentieth Precincts: Send your reserve to Seventh Avenue a.r.s.enal forthwith.

J. A. K.

Telegrams were now pouring in from different quarters, showing that mischief was afoot, and at nine o'clock he sent the following despatch:

"To all platoons, New York and Brooklyn: Call in your reserve platoons, and hold them at the stations subject to further orders."

It should be noted, that ordinarily one-half of the police of the Metropolitan District, which took in Brooklyn, is relieved from both patrol and reserve duty, from six o'clock in the morning till six in the evening. The other half is divided into two sections, which alternately perform patrol and reserve duty during the day. A relief from patrol duty of one of these sections takes place at eight o'clock A.M., when it goes to breakfast. Hence, the orders issued by the Superintendent to call in these could not reach them without a considerable delay.

It now being about ten o'clock, Mr. Kennedy, having despatched an additional body of men to the Twenty-ninth Precinct, got into his light wagon, to take a drive through the districts reported to be most dangerous. He went up far as the a.r.s.enal, and giving such directions as he thought necessary, started across the town to visit Marshal Jenkins'

quarters in the Twenty-ninth Precinct.

CHAPTER XII.