|
|
Delaware and the Civil War (1861-1865)
Delaware, as an exposed and frontier slave-holding state, had
a larger
practical interest in the maintenance of the guarantees of
the constitution in regard to slavery than many of the inflama-
ble seceded states. From her geographical position, she had a
heavier stake, proportionately, in the preservation
of the Union,
so far as her material prosperity was concerned, than many of her
sister commonwealths. This was clearly
demonstrated by a con-
sideration of the sources of her wealth, the nature and direction
of her industry and of her
commerce, external and internal.
Bound to the constitution and the United States by every tie
that interest could
weave or strengthen, she had been uniformly
faithful to the performance of every obligation imposed by the one
or
suggested by her devotion to the other. Not only this, but in
all the dissensions which sectional feeling and fanatical
agitation
had promoted, her support had always been given to moderate
doctrines and conciliatory counsels. Sympathizing
with the South,
in what that section considered its wrongs and just resentments,
and ready at all times to make common
cause with it in the con-
stitutional maintenance of its rights, Delaware had always kept
aloof from its mad heresies
and passionate bitterness. Disturbed
more than any of the cotton states by the aggressions of the North,
and prompt
to repel them within the limits of her constitutional
resources and federal allegiance, she did nothing whatever to
widen
the breach between the antagonistic sections of the repub-
lic or to weaken the hands of those conservative Northern citi-
zens who were at the time nobly struggling to maintain the good
faith and integrity of the national compact. In the
position in
which Delaware had thus historically assumed the election of
1860
had rooted her still more firmly. She had given her electoral
vote to the candidate (Breckinridge) by whom the extreme
con-
tentions of the South with regard to its constitutional rights were
most emphatically and exclusively represented,
and at the same
time, through her whole press and with the united voice of all the
political parties within her borders,
she proclaimed her fixed
determination to take her stand within the circle of the Union
and protect herself by the
Constitution only.
On Jan. 2, 1861, the legislature assembled at Dover, the
capital, and
on the next day the commissioner from Mississippi,
Henry Dickinson, appeared before the house and made an ad-
dress.
In the name of the state of Mississippi he invited Dela-
ware to join the Southern Confederacy which was about to be
formed.
He claimed the right of a state to secede from the Fed-
eral union and said if it was not admitted, war would be inevit-
able. After his speech the house resolved unanimously and the
senate concurred by a majority that, "having extended
to the
Hon. H. Dickinson, the commissioner of Mississippi, the courtesy
due him as the representative of a sovereign
state of the Confeder-
acy, as well as to the state he represents, we deem it proper and
due to ourselves and the
people of Delaware to express our un-
qualified disapproval of the remedy for existing difficulties sug-
gested by
the resolutions of the legislature of Mississippi." The
delegates appointed from Delaware to the Peace Conference at
Washington
on Feb. 4, were George B. Rodney, Daniel M. Bates,
Henry Ridgely, John W. Houston, and William Cannon, and in
the
instructions to these delegates the legislature declared that,
in the opinion of "this general assembly, the people of
Delaware
are thoroughly devoted to the perpetuity of the Union, and that
the commissioners appointed are expected
to emulate the exam-
ple set by the immortal patriots who formed the Federal Consti-
tution, by sacrificing all minor
considerations upon the altar
of the Union."
Fort Sumter having fallen and the president having called for
troops,
in compliance with the requisition of the secretary of
war, Gov. Burton issued a proclamation on April 23, calling for
the enlistment of volunteers. It was as follows:
"Whereas, a requisition has been made upon the undersigned
as executive
of the said state of Delaware, by the secretary of
war, for one regiment, consisting of 780 men, to be immediately
detached
from the militia of this state, 'to serve as infantry or
riflemen for the period of three months, unless sooner discharged;'
and, whereas, the laws of this state do not confer upon the execu-
tive any authority enabling him to comply with
such requisition,
there being no organized militia nor any law requiring such
organization; and whereas, it is the
duty of all good and law-
abiding citizens to preserve the peace and sustain the laws and
government under which we
live, and by which our citizens are
protected:
"Therefore, I, William Burton, governor of the said state of
Delaware,
recommend the formation of volunteer companies for
the protection of the lives and property of the people of this state
against violence of any sort to which they may be exposed. For
these purposes such companies, when formed, will be
under the
control of the state authorities, though not subject to be ordered
by
the executive into the United States service -- the law not vest-
ing in him such authority. They will, however,
have the option
of offering their services to the general government for the
defense of its capital and the support
of the constitution and laws
of the country."
The state had no militia for the governor to call out, therefore
his
object was to encourage the formation of volunteer companies.
That was the utmost extent to which he could officially
act and it
was in compliance with the wishes of a large majority of the peo-
ple of the state who were resolved to
sustain the government and
defend the Union without regard to the person who might be the
president of the United
States. On May 1, the governor, finding
that volunteers were freely offered, issued the following orders:
"The undersigned, the constitutional commander of the forces
of the
state of Delaware, directs that those volunteer companies
of the state that desire to be mustered into the service of
the
United States, under the call of the president, will rendezvous to
the city of Washington with the least possible
delay, where they
will be mustered into the service of the United States by Maj.
Ruff, who has been detailed by the
war department for that pur-
pose, and who has reported himself to me and received my in-
structions. The regiment
will consist of ten companies, to serve
for the period of three months. William Burton,
"Governor and Commander-in-Chief."
A regiment was promptly formed and mustered into the service
of the
United States. It consisted of three-months' men, and
numbered about 775. Subsequently two regiments, containing
about
2,000 men, were enlisted for the war, equipped by the state,
and mustered in the United States army.
Still a portion of the people of the state were not disposed to
sustain,
by active efforts, the hostilities in which the Federal gov-
ernment had now become involved. They thought that the power
of
the North would be insufficient to bring the Southern states back
into the Union; and if they ever again became
a part of it, they
must come back voluntarily. Assuming this position, the views
entertained under it were exceedingly
various and some possessed
so great latitude as to embrace those who favored the cause of the
Confederate states.
To those even who honestly entertained these
views, war held out no prospect but that of mutual destruction. A
separation
and an acknowledgment of the Confederacy were
regarded as the course of wisdom. Some believed that by peace
and conciliation
the seceding states might finally be induced
to return. The peace men in Delaware, and in fact in all the
Northern
states, were thus actuated, although some carried their
views to an extreme. As a general fact they were men who loved
the Union and earnestly desired its restoration. They had no
antipathy
to the institutions of the Southern states and were in
a manner devoid of every feeling of interest or anxiety on the
point concerning which those who elected the Federal adminis-
tration and those who plotted and organized the Confederate
states had for years been at issue. With them, as with Senator
Douglas of Illinois, "war was final, inevitable dissolution."
In Delaware there were not only many citizens opposed to the
war, but
there were a few who heartily desired the success of the
Confederate states. The secretary of war, in his report to the
ses-
sion of Congress which commenced in Dec, 1861, said:
"At the date of my last report in July, the states of Delaware, Mary-
land,
Kentucky and Missouri, were threatened with rebellion. In
Delaware, the good sense and patriotism of the people have tri-
umphed over the unholy schemes of traitors."
On June 27, a "peace" convention assembled at Dover and
was held in
the open air. A large number of persons -- nearly
2,000 -- being present. The first speaker began by observing
that
eleven states had gone out of the Union, which he deplored, but
they were determined to go out, and had gone,
acting upon the
glorious principle that all government derived its power from the
consent of the governed. "They,
8,000,000 of freemen, had
resented continued aggression and intermeddling, until the elec-
tion of a Republican placed
the last feather upon the back of the
people, and they had calmly, quietly, determinedly retired. In
God's name let
them go unmolested. Would Delaware give money
or men to hold states as conquered provinces, or allow the seceded
states
to be governed by free people in whatever manner they
chose to be governed? Could the South be subjugated? Never.
All
the wealth of mines and kingdoms would not restore the
country to its unembarrassed condition. All expenditures
were
needless, as there were not enough men in the North to
conquer a free people fighting for their rights, even against any
odds. Who would not, therefore, favor peace now, if ages would
still produce the same results? Let the tax-payers
of Delaware
come forth for peace, which would accomplish all that war could
do." The speaker was followed by Hon.
Thomas F. Bayard in a
lengthy, calm and temperate speech. He reminded his hearers
that "with this secession, or revolution,
or rebellion, or by
whatever name it may be called, the state of Delaware has naught
to do. To our constitutional
duties toward each and every mem-
ber of this Union we have been faithful at all times. Never has a
word, a thought,
an act of ours been unfaithful to the union of
our fathers; in letter and in spirit it has been faithfully kept by
us."
But he adverted to the horrors of a fratricidal war on so
gigantic a scale, the ruin that would be wrought, and the dan-
ger that, whatever might be the issue, which no man then could
foresee,
constitutional liberty might perish in the struggle.
Better, he thought, "while deeply deploring the revolution which
has severed eleven states from the Union," if a peaceful accom-
modation was impossible, that the discontented states
should be
allowed to withdraw than run the awful risk of such a war. His
calm and earnest eloquence had great weight,
and the meeting
resolved "that there was no necessity for convening the legisla-
ture." Mr. Bayard's speech calmed
down the state of excitement
which prevailed at the meeting. "It brought to men's minds," as
a leading Delawarean
said, "the fact that they were in the Union
-- had no part in the rebellion, and that it was their duty to remain
as they were and to keep Delaware as one of the United States."
In this, as ever, Mr. Bayard proved himself faithful
to the Con-
stitution and the Union under it, his devotion to which never
wavered, as witness his public record, from
first to last. Of the
resolutions adopted at this meeting, the first repudiated war in
any case and preferred a peaceable
recognition of the Confederate
states to the shedding of blood. The second stated that the appel-
lation "traitor,"
as applied to citizens of Delaware using the right
of free speech, could neither intimidate nor convince them. The
other
resolutions related to local affairs. The effect of all these
movements was not only to call in question the uprightness
of the
contest, but also to withhold and embarrass, so far as their small
influence extended, the energy of the government.
The popular
favor, however, was so strong in support of the government and
of a vigorous prosecution of the war, that
in consequence of the
indignation manifested by the people and the arrest by the gov-
ernment of persons of disloyal
sentiments, all these "peace" move-
ments soon subsided.
On Nov. 25 the legislature of the state assembled at Dover.
The governor,
in his message to that body, said: "Our citizens
have acted in a manner highly creditable to them and well deserve
the
quiet they have enjoyed. Those, if there be any, and doubtless
there are some everywhere, whose sympathies incline to
the South,
are quiescent, laying no impediments in the way of the govern-
ment, nor affording its enemies any sort
of aid. Some of the
innumerable rumors afloat throughout the country may, perhaps,
represent a different state of
things ; but were the test of truth
properly applied to these reports, most of them would be found
wholly unreliable."
Some movement was made at this session to
pass a bill, providing for the ultimate abolition of slavery within
the
state. The scheme was based upon the payment by the United
States of a certain sum to establish a fund towards securing
full
and fair compensation to the owners. It was not successful.
The state raised its quotas for the volunteer army under the calls
of July and August, 1862, without resort to drafting, and in all
about
5,000 men had been furnished by the state at the close of
that year.
At the autumn election in 1862 William Cannon, the candidate
of the
Republican-Union party, was elected governor, and was
inaugurated in the following January, at which time a biennial
session
of the legislature commenced. That body consisted of
9 senators and 21 representatives, the division being as follows:
Senate -- administration 4, opposition 5; House -- administration 7,
opposition 14. Soon after the commencement
of the session the
following resolutions passed both houses:
"Whereas, the government of the United States and the several
states
are governments of laws, within the limits of which all
officials find their rightful powers, and outside of which no
official
has any just claim to power or to obedience from his fellow citi-
zens; and whereas, William Cannon, the
governor of this state,
in his inaugural address, has avowed the false and dangerous doc-
trine that 'reasonable ground
for suspicion' can justify the arbi-
trary arrest and incarceration in prisons, far removed from the
district of their
residence, of citizens against whom no warrant
has been issued or charge made according to law; and has un-
blushingly
published his approval of these cruel and lawless arrests
of his own fellow citizens; and, whereas, he has thus proved
him-
self by this avowal the weak but willing tool of Federal usurpation
and a governor unworthy the respect and confidence
of his fellow
citizens -- one to whom they can look for no just protection of
their rights of person and of property;
therefore be it
"Resolved, That the doctrines of Gov. Cannon's address, in
regard to
arbitrary and lawless arrests are, if carried out, fatal to
constitutional liberty, destructive of the peace and security
of our
people, and deserve and hereby receive, at the hands of the legis-
lature of Delaware, prompt and indignant
repudiation, and are
declared worthy of the severest reprehension of a people who in-
herit the privileges of freemen
and wish to preserve them unim-
paired."
The resolutions were followed by the passage of an act to
prevent "illegal
arrests." The governor had no veto under the
constitution of the state over bills passed by the legislature and
he
therefore on March 3, 1863, sent the following special message
to that body:
"To the Senate and House of Representatives of the State of
Delaware
in General Assembly met:
"The passage by the general assembly of the act entitled 'An
act to
prevent illegal arrests in this state,' renders it proper that
I should briefly communicate my views and purposes in relation
to it. * * * The preamble of the act refers to the constitu-
tion of
the United States, as providing that no person shall 'be
deprived of life, liberty or property without due process of
law,'
but it ought also to have been recollected that the same constitu-
tion provides that in case of rebellion or
invasion the privilege
of the writ of habeas corpus may be suspended when the public
safety requires it, and that
dangerous persons may be arrested
and held without bail or main prize. This provision overrides the
constitution of
the state of Delaware, or any statute that may be
enacted by her legislature.
"To whom the right to decide when the exigency has happened
requiring
the exercise of the power of suspension is a question of
constitutional construction upon which jurists differ. That it
is a
necessary power is admitted. That it exists there can be no doubt.
Whoever is invested with the power to suspend
is the judge of the
occasion of its exercise. Being incidental to the general duty of
the enforcement of the laws
and now called into exercise for the
suppression of armed insurrection, I am satisfied that it properly
belongs to
the national executive, and in my official acts I shall
regard it as vested in the president of the United States.
"The preservation of the government is the highest duty of
those charged
with its administration, and the personal liberty of
the individual is only to be regarded when compatible with its safe-
ty. That the citizen should have the right fairly to discuss public
measures, is true. That the people should be permitted
peaceably
to assemble and petition for a redress of grievances, is undeniable.
But there is a wide difference between
the exercise of this right
and the disloyal opposition which proceeds from sympathy with a
public enemy. The former
supposes that all parties are well
affected toward the common government, and differ only as to
the mode of its administration.
The latter is based upon hostility
to existing institutions and aims at their forcible subversion. The
idea that the
government is bound to await the development of a
conspiracy until the actors shall have perfected their plans and
committed
some overt act necessary to bring them within the
technical definition of treason, is, to my mind, absurd. The object
is not punishment, but prevention. That the power is liable to
abuse, is true; all discretionary powers are necessarily
so. To
decide against its existence because it is capable of excess, would
destroy all human government. The best
mode to avoid liability
to arrest, is to be faithful. No man who is truly and unequivoc-
ally loyal, has ever been
in danger of being molested by the
national government.
"Still it is possible that arrests may be improperly and inadvis-
edly
made; and while it is my duty to cooperate with the general
government in the maintenance of its authority, I will, at
the same
time, to the extent of my power protect peaceful and loyal citizens,
whatever
may be their political sentiments. While, however, such
is my purpose in relation to them, it is also my duty to take
care
that the state of Delaware should not be made the refuge of
foreign traitors or domestic conspirators.
"That there has been from the beginning of the rebellion a
considerable
number of our people ready to participate in armed
resistance to the lawful authorities, whenever a fair opportunity
should
occur, I have no doubt. Sympathy with the Southern states
in insurrection is sympathy with the overthrow of the national
government. No man can hear with gratification of a reverse to
our arms who is not at heart a traitor.
"My predecessor, in an official communication, expressed the
opinion
that 'a majority of our citizens, if not in all our counties,
at least in the two lower ones, sympathize with the South.'
With-
out admitting the correctness of his estimate of numbers, I do
not doubt of the existence of a wide-spread disaffection.
That
there has been no outbreak here is the result of want of opportu-
nity. It is the duty of the executive, not
only of the United States,
but also of this state, to take care that no opportunity shall be
afforded. If, to secure
the public peace and to prevent insurrec-
tion, it becomes necessary to arrest any individual within this state,
whether
he be a citizen or a non-resident, I will not only assent to
the act, but will maintain it.
"Invested by the constitution with no power of veto or review
of the
action of the legislature, the governor has a general control
over the operation of criminal enactments, and such control
I will
exercise to its utmost extent to protect any person acting under
the authority of the president of the United
States, or any citizen
aiding such person in bringing to light any conspiracy, or in
arresting any one guilty of disloyal
practices or treasonable
designs against the government.
"I shall issue my proclamation in conformity with these views,
giving
to the people of the state of Delaware information of my
intended action."
On March 11 he issued the following proclamation:
"To the people of the State of Delaware:
"In a special message communicated to the general assembly
on the third
day of March instant, I informed that body of my
purpose to issue my proclamation in relation to the act entitled
'An
act to prevent illegal arrests in this state,' and therein briefly
set forth the reasons which impelled me to this conclusion.
"Its provisions are at variance with the interests of the state --
calculated to lessen the estimation in which her people are held,
as faithful to the government of the United States --
to embolden
those who sympathize with rebellion, and to discourage loyal men
from the performance of their duty, in discovering and thwarting
the
designs of emissaries of treason.
"To the end, therefore, that the evil operation of the enactment
may
be averted, and loyal citizens may feel secured in their efforts
against foreign traitors and domestic conspirators, I,
William
Cannon, Governor of the State of Delaware, do, by this proclama-
tion, enjoin upon the good people of this
state that they hold true
allegiance to the government of the United States as paramount to
the state of Delaware,
and that they obey the constituted authori-
ties thereof before the legislature of the state of Delaware, or any
other
human authority whatsoever.
"I further enjoin that they be vigilant in detecting any conspir-
acy
against the national government, and diligent in preventing
aid and comfort to the public enemy; that they promptly assist
the national magistracy whenever invoked, and that they freely
communicate any information which may the better enable
it to
suppress insurrection or to intercept supplies designed for those in
arms against its authority; and any one
so acting, I will save
harmless from the operation of the statute aforesaid, or of any
other statute of like nature
that be enacted, so far as it shall be
attempted to be enforced against him for faithfully discharging
his duty to
his country.
"In testimony whereof I have hereunto set my hand, and caused
the great
seal of the said state to be affixed, at Dover, this eleventh
day of March, in the year of our Lord, one thousand eight
hun-
dred and sixty-three, and of the state the eighty-seventh."
William Temple, who had been elected to Congress in Nov.,
1862, died
at Smyrna, Del., on May 28, 1863, and on Oct. 7, Na-
thaniel B. Smithers, secretary of state, was nominated by the
friends
of the administration to fill the vacancy. The opposition
nominated Charles Brown. The day of election was Nov. 19, and
on Nov. 13, Gen. Schenck, in command of the Middle Department
of the United States, issued the following general order:
"General Orders, No. 59,
"Headquarters, Middle Department, Eighth Army
Corps,
"Baltimore, Md., Nov. 13, 1863.
"It is known that there are many evil disposed persons now at
large
in the state of Delaware, who have been engaged in rebel-
lion against the lawful government, or have given aid or comfort
or encouragement to others so engaged, or who do not recognize
their allegiance to the United States, and who may
avail them-
selves of the indulgence of the authority which tolerates their
presence to attempt to take part in or
embarrass the special election
in that state. It is therefore ordered:
"I. That all provost marshals and other military officers do
prevent
all disturbance and violence at or about the polls, whether
offered by such persons as above described, or by any other
person
or persons whomsoever.
"II. That all provost marshals and other military officers com-
manding
in Delaware shall support the judges of election on Nov.
19, 1863, in requiring an oath of allegiance to the United States,
as the test of citizenship of any one whose vote may be challenged
on the ground that he is not loyal or does not
admit his allegiance
to the United States, which oath shall be in the following form
and terms: 'I do solemnly swear
that I will support, protect and
defend the constitution and government of the United States
against all enemies,
whether domestic or foreign; that I hereby
pledge my allegiance, faith, and loyalty to the same, any ordinance,
resolution,
or law of any state, convention, or state legislature to
the contrary, notwithstanding; that I will at all times yield
a
hearty and willing obedience to the said constitution and govern-
ment, and will not, directly or indirectly, do
any act of hostility to
the same, either by taking up arms against them, or aiding or
abetting, or countenancing those
in arms against them; that, with-
out permission from the lawful authority, I will have no communi-
cation, direct
or indirect, with the states in insurrection against
the United States, or with either of them, or with any person or
persons within said insurrectionary states; and that I will in all
things deport myself as a good and loyal citizen
of the United
States. This I do in good faith, with full determination, pledge
and purpose to keep this, my sworn
obligation, and without any
mental reservation or evasion whatsoever.'
"III. Provost marshals and other military officers are directed
to report
to these headquarters any judge of election who shall
refuse his aid in carrying out this order or who, on challenge of
a vote being made on the ground of disloyalty or hostility to the
government, shall refuse to require the oath of
allegiance from
such voter."
The governor of the state at the same time issued the following
appeal
to the people:
"State of Delaware, Executive Department, Dover, Nov. 13, 1863.
"All civil officers and good citizens of this state are enjoined to
obey
the above military order, issued by the commanding general
of the Middle Department, and to give all needful aid for the
proper enforcement of the same. William Cannon,
"Governor of Delaware."
On the next day the following order was issued by the general
in command
of the Delaware district or department:
"General Orders, No. 14.
"Headquarters, Delaware Department, Wilmington,
Del., Nov. 14,
1863.
"The enforcement of General Orders No. 59, issued from Head-
quarters
Middle Department, Nov. 13, 1863, by Maj.-Gen.
Schenck, and confirmed by the order of his excellency, Gov.
Cannon,
is confided to the troop in this department. The object
of this order, as construed by the general commanding, are
1. To
secure to every loyal citizen the right to vote as he pleases. 2. To
protect the polls from that outside violence
which has heretofore,
in some parts of the state, prevented loyal and peaceable citizens
from voting.
"Special instructions will be issued to the officers in command
of detachments
which will be implicitly obeyed, and for the en-
forcement of which ever)' officer will be held strictly responsible.
By order of "Brigadier-General Tyler."
On the next day the following order containing instructions was
issued:
"Headquarters, District of Delaware, Middle Department, Wil-
mington,
Del., Nov. 15, 1863.
"The following instructions have been received from the general
commanding,
and will be strictly and carefully observed by all
detachments of officers and soldiers within the 'District of Dela-
ware,' while carrying out the provisions of Department General
Orders, No. 59, during the election to be held on the
19th instant:
"Every officer or non-commissioned officer in command of a
detachment
will be held strictly accountable for the good conduct
and obedience of the men in his charge.
"Officers and soldiers must be strictly sober, and while prevent-
ing
disturbance by others, must avoid all disturbance themselves,
and are required not to hang around the polls nor engage
in polit-
ical discussions.
"It will be borne in mind that the whole object of the order of
the
commanding general is to preserve peace at the places of vot-
ing, to sustain the judges or inspectors of election, to
protect loyal
voters, and to prevent from voting disloyal and traitorously dis-
posed persons who refuse to take the
oath of allegiance.
"In enforcing paragraph I of the General Order, to prevent
violence
and disturbance at the polls, care will be taken that dis-
loyal citizens of other states do not, as it is apprehended
they will
attempt to do, intrude themselves at the places of voting, and
endeavor to intimidate the lawful and loyal
voters of Delaware.
"Daniel Tyler, Brig.-Gen. Commanding."
On Nov. 17 a public meeting of the opposition was held at New-
Castle,
at which a resolution was passed, "that the following
address be issued to the Democrats of the county:"
"To the Democrats of Newcastle county, Delaware:
"The undersigned, Democratic voters of Newcastle county, rep-
resent:
That at the Democratic state convention held at Dover,
Sept. 18, 1863, to nominate a candidate to fill the office of Repre-
sentative in Congress, made vacant by the death of the Hon.
William Temple, the convention unanimously nominated the
Hon.
Charles Brown, of Dover Hundred, in the county of Kent, for the
office designated; and ever since the adjournment
of the said
convention the canvass has duly and quietly proceeded with every
reasonable prospect for the success of
our candidate, all of which
facts are of public knowledge.
"To our astonishment and regret, however, we are informed by
a public
military and civil order, dated Nov. 13, 1863, and made
known to us on the 16th of the same month, that the constitutional
and legal rights of the citizens of the state of Delaware to regulate
their own elections, and make and prescribe
all qualifications for
voters at the ensuing special election on the 19th instant, have been
utterly subverted, and
new qualifications and tests, unauthorized
by the constitution of the United States, and contrary to the con-
stitution
and laws of the state of Delaware, imposed upon her citi-
zens by military power.
"With the several and collective knowledge and belief of the
undersigned,
they utterly deny the existence within this state, now
or in any past time, of associations or individuals hostile to
the
welfare of the government of the United States, and of its consti-
tution and laws; and considering the said military
order (to which
the unauthorized recognition of the executive of Delaware gives
no sanction) as uncalled for, illegal,
and unjust, do earnestly pro-
test against the same -- and against the interference of the Federal
government
in the election held within our state -- and in view of
the presence and intimidation of a large military force of
the
United States in our state, and the indisposition of our people to
produce collision with the armed forces of
the general govern-
ment, do hereby recommend to the Democrats of Newcastle
county, whether officers of election or
voters, to submit to their
disfranchisement and take no part in the said special election, but
to rely upon the official
oaths and consciences of the next House of
Representatives in the Congress of the United States, to declare
null and
void an election so held, and conducted contrary to the
laws of the state of Delaware in that behalf, and controlled by
a
power unknown to the constitution and laws of our state."
The address was signed by a considerable number of citizens.
The result of this address was that the opposition declined to vote,
and
on the day of election Mr. Smithers received 8,220 votes, and
Mr. Brown 13.
On the invasion of Pennsylvania by Gen. Lee, 2,000 men who
had been
organized for state defense turned out to aid the regular
forces to guard important positions. At that time the state
had
furnished to the army seven regiments, including the three-months'
men, a battery, and a battalion of cavalry.
And these troops had
been furnished without the necessity of enforcing a draft.
During the perilous and unsettled period through which Dela-
ware passed
in 1863 there was less disposition to enter the service
of the country voluntarily than the preceding year, and it soon
became evident that a draft would have to be ordered to fill up the
quota. The draft was ordered to take place at
Smyrna, Aug. 12,
1863, and its proceedings were watched with anxious interest.
The quota demanded 1,636 men, and as
50 per cent, more were
drawn, there was a total draft of 2,454, and these were allowed to
commute at the rate of $300
per man. Relief was afforded to some
of the drafted men by means of the bonus raised for that purpose,
but its exaction
was severely felt and gave the people a keen taste
of the merciless demands of war. Some efforts were made to
enlist
negroes in the state under orders of the president of the
United States and the governor, but the legislature having refused
to pay such recruits a bounty, the number of them was quite
small. A commission was also appointed to estimate the
value of
such as were slaves. Upon a claim being made and title proved,
those who were considered or known to be loyal
received full
compensation.
In March, 1864, another draft was ordered to fill the aggregated
quotas
for 500,000 men, and Delaware was called on to furnish
1,676 men. These not being forthcoming as volunteers, drafting
took place May 19, June 18 and July 2, 1864. The last was to
supply a deficiency of 69 men for Newcastle county, 30
for Kent
county and 49 for Sussex county. Wilmington was called upon
for 22 men to make up her deficiency. The quota
of the state
tinder the call of March, 1864, for 200,000 men, was 985. Under
the call of the president on July 18,
1864, for 500,000 men, Dela-
ware was required to furnish 2,445 soldiers on an enrollment of
14,713 men. This quota
was to be furnished by Sept. 5, 1864,
under penalty of another draft. To relieve, if possible, the state
from this
draft, the governor convened an extra session of the
legislature on July 28. It was urged that the unexpended balance
of the appropriation made at the last session, amounting to $250,
000, should be used for commutation purposes, and
thus relieve
those subject to the draft, without working injustice to any class
of citizens. On Aug. 12, 1864, a bill
of that nature was passed,
which had the effect of stimulating enlistments and made the
burden
easier for those who had to provide substitutes. In his
statement to the legislature at that time Gov. Cannon said that
up
to that period Delaware had a credit at the war department for
8,743 men. Fully 1,000 had enlisted in Pennsylvania,
500 in New
Jersey, and 500 in Maryland -- making a total of nearly 11,000
men from a population of a little more
than 112,000 souls, white
and black, free and slaves. As the latter were not then liable to
enlistment, it will be
seen that even at that period Delaware had
contributed an unusually large percentage of its citizens for the
defense
of the Union. Subsequently the proportion of soldiers
given by the little Diamond State to uphold the flag of the Repub-
lic was equal to if not greater than that of any other state. This is
a record which may well cause the hearts of
its loyal citizens to
rejoice.
Under the last call of the president for 300,000 men, Dec. 19,
1864,
the quota of Delaware was 938 men, and as the state had
received no credit for the emergency men which it had furnished,
the demands upon its citizenship were so close that but few sub-
jects of military duty could hope to escape the chances
of a gener-
al draft. Again the matter was made the subject of legislative action
and on Feb. 16, 1865, the legislature
passed an act providing for
the payment of bounties to volunteers before the draft, and a
bonus of $500 to a drafted
white man who would enter the service,
or would provide an acceptable substitute. The draft for Kent
and Sussex counties
took place Feb. 20, 1865, and contrary to
some fears, passed off quietly. That of Newcastle county was
postponed until
March 25, 1865, when drafts were made to fill
the quotas of a few hundreds, which could not be supplied with
volunteers.
The conclusive victories now achieved by the Federal armies
removed
the necessity for further levies of men, and those who last
entered the service were, after a short experience in military
life,
restored to the homes from which some of them had been taken
against their will or inclination to perform the
duties of a soldier,
no matter how noble the cause which called them.
Source: The Union Army, vol. 1
|
|
|
