officers, soldiers, and seamen of the army and navy, while engaged in the effort to suppress the rebellion, paid, fed, clad, and otherwise well provided for and supported.

And with the further understanding that upon receiving the letter and names thus indorsed, I will cause them to be published, which publication shall be, within itself, a revocation of the order in relation to Mr. Vallandigham.

It will not escape observation that I consent to the release of Mr. Vallandigham upon terms not embracing any pledge from him or from others as to what he will or will not do. I do this because ho is not present to speak for himself, or to authorize others to speak for him; and hence I shall expect that on returning he would not put himself practically ir antagonism with the position of his friends. But I do ft chiefly because I thereby prevail on other influential gentlemen of Ohio to so define their position as to be of immense value to the army--thus more than compensating for the consequences of any mistake in allowing Mr. Vallandigham to return, so that, on the whole. the public safety wil not have suffered by it. Still, in regard to Mr. Vallandigham and alı others, I must hereafter, as heretofore, do so much at the public service may seem to require.

I have the honor to be respectfully yours, &c.,

A. LINCOLN.

The canvass throughout the summer was very animated. As a matter of course, the opponents of the Administration in Ohio, as elsewhere throughout the country, made this matter of arbitrary arrests a very prominent point of attack. Special stress was laid upon the fact that, instead of acting directly and upon his own responsibility in these cases, the President left them to the discretion of military commanders in the several departments. This was held to be in violation of the law of Congress which authorized the President to suspend the writ of habeas corpus, but not to delegate that high prerogative. To meet this objection, therefore, and also in order to establish a uniform mode of action on the subject, the President issued the following

PROCLAMATION.

Whereas, the Constitution of the United States has ordained that "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; ard, whereas, a rebellion was existing on the 3d day of March, 1863, which rebellion is still existing; and, whereas, by a statute which was approved

1

on that day, it was enacted by the Senate and House of Representatives
of the United States, in Congress assembled, that during the present in-
surrection the President of the United States, whenever, in his judgment,
the public safety may require, is authorized to suspend the privilege of the
writ of habeas corpus in any case throughout the United States, or any
part thereof; and, whereas, in the judgment of the President the public
safety does require that the privilege of the said writ shall now be sus-
pended throughout the United States in cases where, by the authority of
the President of the United States, military, naval, and civil officers of the
United States, or any of them, hold persons under their command or in
their custody, either as prisoners of war, spies, or aiders or abettors of the
enemy, or officers, soldiers, or seamen enrolled, drafted, or mustered, or
enlisted in, or belonging to the land or naval forces of the United States,
or as deserters therefrom, or otherwise amenable to military law, or to
the rules and articles of war, or the rules and regulations prescribed for the
military or naval services by the authority of the President of the United
States, or for resisting the draft, or for any other offence against the military
or naval service: Now, therefore, I, Abraham Lincoln, President of the
United States, do hereby proclaim and make known to all whom it may con-
cern, that the privilege of the writ of habeas corpus is suspended throughout
the United States in the several cases before mentioned, and that this sus-
pension will continue throughout the duration of the said rebellion, or
until this Proclamation shall, by a subsequent one, to be issued by the
President of the United States, be modified and revoked. And I do here-
by require all magistrates, attorneys, and other civil officers within
the United States, and all officers and others in the military and naval
services of the United States, to take distinct notice of this suspension and
give it full effect, and all citizens of the United States to conduct and
govern themselves accordingly, and in conformity with the Constitution
of the United States and the laws of Congress in such cases made and
provided.

In testimony whereof, I have hereunto set my hand and caused the seal
ot the United States to be affixed, this fifteenth day of September, in the
year of our Lord one thousand eight hundred and sixty-three, and of the
independence of the United States of America the eighty-eighth.
ABRAHAM LINCOLN.

By the President:

WM. H. SEWARD, Secretary of State.

The act passed by Congress "for enrolling and calling
out the national forces," commonly called the Conscrip-
tion Act, provided that all able-bodied male citizens, and
persons of foreign birth who had declared their intention
to become citizens, between the ages of twenty and forty.
five, were liable to be called into service. The strenuous

efforts made by the enemies of the Administration to arouse the hostility of the people against its general policy, had proved so far successful as greatly to discourage volun. teer enlistments; and the Government was thus compelled to resort to the extraordinary powers conferred upon it by this act. Questions had been raised as to the liability of foreigners to be drafted under this law; and in order to settle this point, the President, on the 8th of May, issued the following proclamation.

WASHINGTON, May 8, 1868.

By the President of the United States of America.

PROCLAMATION.

Whereas, the Congress of the United States, at its last session, enacted a law, entitled "An Act for enrolling and calling out the national forces, and for other purposes," which was approved on the 3d day of March last; and

Whereas, it is recited in the said act that there now exists in the United States an insurrection and rebellion against the authority thereof, and it is, under the Constitution of the United States, the duty of the Government to suppress insubordination and rebellion, to guarantee to each State a republican form of government, and to preserve the public tranquillity ; and

Whereas, for these high purposes, a military force is indispensable, to raise and support which all persons ought willingly to contribute; and

Whereas, no service can be more praiseworthy and honorable than that which is rendered for the maintenance of the Constitution and the Union, and the consequent preservation of free government; and

Whereas, for the reasons thus recited it was enacted by the said statate that all able-bodied male citizens of the United States, and persons of foreign birth who shall have declared on oath their intentions to becom● ritizens under and in pursuance of the laws thereof, between the ages of twenty and forty-five years, with certain exemptions not necessary to be here mentioned, are declared to constitute the National forces, and shall be liable to perform military duty in the service of the United States, when called out by the President for that purpose; and

Whereas, it is claimed, on and in behalf of persons of foreign birth, within the ages specified in said act, who have heretofore declared on oath their intentions to become citizens under and in pursuance to the laws of the United States, and who have not exercised the right of suffrage, or any other political franchise under the laws of the United States, or of any of the States thereof, that they are not absolutely precluded by their aforesaid declaration of intention from renouncing their purpose to become citizens; and that, on the contrary, such persons, under treaties and the

law of nations, retain a right to renounce that purpose, and to forego the privilege of citizenship and residence within the United States, under the obligations imposed by the aforesaid act of Congress :

Now, therefore, to avoid all misapprehensions concerning the liability of persons concerned to perform the service required by such enactment, and ♦ give it full effect, I do hereby order and proclaim that no plea of alienage will be received, or allowed to exempt from the obligations imposed by the aforesaid act of Congress any person of foreign birth who shall have declared on oath his intention to become a citizen of the United States, under the laws thereof, and who shall be found within the United States at any time during the continuance of the present insurrection and rebellion, at or after the expiration of the period of sixty-five days from the date of this proclamation; nor shall any such plea of alienage be allowed in favor of any such person who has so, as aforesaid, declared his intention to become a citizen of the United States, and shall have exercised at any time the right of suffrage, or any other political franchise within the United States, under the laws thereof, or under the laws of any of the several States.

In witness whereof, I have hereunto set my hand, and caused the seal of the United States to be affixed.

Done at the City of Washington, this 8th day of May, in the year of our Lord one thousand eight hundred and sixty-three, and of the in [L. S.] dependence of the United States the eighty-seventu. ABRAHAM LINCOLN.

By the President:

WILLIAM H. SEWARD, Secretary of State.

It was subsequently ordered that the draft should take place in July, and public proclamation was made of the number which each State would be required to furnish. Enrolling officers had been appointed for the several districts of all the States, and, all the names being placed in a wheel, the number required were to be publicly drawn, under such regulations as were considered necessary to insure equal and exact justice. Very great pains had been taken by the opponents of the Administration to excite odium against that clause of the law which fixed the price of exemption from service under the draft at three hundred dollars. It was represented that this clause was for the special benefit of the rich, who could easily pay the sum required; while poor men who could not pay it would be compelled, at whatever hardships to themselves and their families, to enter the army. The draft was commenced in

the City of New York on Saturday, July 11th, and was conducted quietly and successfully during that day. On Sunday plots were formed and combinations entered into to resist it; and no sooner was it resumed on Monday morning, July 13, than a sudden and formidable attack was made by an armed mob upon the office in one of the districts; the wheel was destroyed, the lists scattered, and the building set on fire. The excitement spread through the city. Crowds gathered everywhere, with no apparent common object; but during the day the movement seemed to be controlled by leaders in two general directions. The first was an attack upon the negroes; the second an assault upon every one who was supposed to be in any way concerned in the draft, or prominently identified, officially or otherwise, with the Administration or the Republican party. Unfortunately, the militia regiments of the city had been sent to Pennsylvania to withstand the rebel invasion; and the only guardians left for the public peace were the regular police and a few hundred soldiers who garrisoned the forts. Both behaved with the greatest vigor and fidelity, but they were too few to protect the dozen miles between the extremities of the city. The mob, dispersed in one quarter, would reassemble at another, and for four days the city seemed given up to their control. The outrages committed during this time were numerous and aggravated. Negroes were assaulted, beaten to death, mutilated, and hung; building after building was sacked and burned; gangs of desperadoes patrolled the streets, levying contributions, and ordering places of business to be closed. A Colored Orphan Asylum, sheltering some hundreds of children, was sacked and burned. After the first day, the riot, which was at first directed against the draft, took a new turn. The entire mass of scoundrelism in the city seemed to have been let loose for indis criminate plunder. Women, half-grown boys, and chil dren, were foremost in the work of robbery, and no man felt safe from attack. The police force did their duty manfully, aided at first by the few troops at the disposal of the authorities, and subsequently by the regiments who