A Political History of the State of New York, Volumes 1-3

by De Alva Stanwood Alexander

In his brief address Kernan clearly outlined the position which the Democracy of the whole country was to occupy. "It is our duty," he said, "to oppose abolitionism at the North and secession at the South, which are equally making war upon our Government. Let us consign them both to a common grave. Never will our country see peace unless we do.... We care not what men are in charge of the Government, it is our duty as patriots and as Democrats to protect and preserve that Government, and resist with arms, and, if need be, with our lives, the men who seek to overthrow it; but this must be no war for the emancipation of slaves."[32]

The vigor of Kernan as a speaker and presiding officer exaggerated by contrast the feebleness of Herman J. Redfield, the permanent president of the convention. Redfield was an old man, a mere reminiscence of the days of DeWitt Clinton, whose speech, read in a low, weak voice, was directed mainly to a defence of the sub-treasury plan of 1840 and the tariff act of 1846.[33] He professed to favour a vigorous prosecution of the war, but there were no words of reprobation for its authors, while he expressed the belief that "civil war will never preserve, but forever destroy the union of States." This was the prophecy of Reuben H. Walworth, the ex-chancellor, made at the Albany peace convention in the preceding January, and the applause that greeted the statement then, as it did at Syracuse, indicated a disposition on the part of many to favour concessions that would excuse if it did not absolutely justify secession.

The party platform, however, took little notice of the Redfield speech and the Redfield cheers. It declared that the right of secession did not anywhere or at any time exist; that the seizure of United States property and the sending out of privateers to prey on American commerce had precipitated the war; and that it was the duty of the government to put down rebellion with all the means in its power, and the duty of the people to rally about the government; but it also demanded that Congress call a convention of all the States to revise the Constitution, and that the Administration abandon the narrow platform of the Chicago convention, expel corrupt men from office, and exclude advocates of abolition from the Cabinet, declaring that it would "regard any attempt to pervert the conflict into a war for the emancipation of slaves as fatal to the hope of restoring the Union."

The debate upon the platform was destined to bring into prominence a broader loyalty than even Francis Kernan had exhibited. Arphaxed Loomis moved to restore the resolution, expunged in the committee's report, protesting against the passport system, the State police system, the suppression of free discussion in the press, and the suspension of the writ of habeas corpus. It is doubtful if the freedom of the press had been materially abridged, since restrictions upon a few newspapers, charged with giving aid and comfort to the enemy, scarcely exceeded the proscription of anti-slavery papers before the war. The suspension of the writ of habeas corpus, however, furnished better grounds for complaint. Men were apprehended, often on the telegram of Secretary Seward, and committed to prison, without any offence being charged or an examination being made. Among others arrested were two men at Malone, besides an editor of the New York News, and a crippled newsboy who sold the News. Public sentiment generally sustained the Administration in such action, but many persons, including conservative Republicans, frequently questioned the right or justice of such procedure. "What are we coming to," asked Senator Trumbull of Illinois, "if arrests may be made at the whim or the caprice of a cabinet minister?"[34] Loomis, in insisting upon his resolution, had these arbitrary arrests in mind, maintaining that it embodied the true principles of Democracy, which he was unwilling to see violated without recording a protest.

This brought to his feet Albert P. Laning of Buffalo. He was younger by a score of years than Loomis, and although never as prominent, perhaps, as the great advocate of legal reformative measures, his remarkable memory and thorough grasp of legal principles had listed him among the strong lawyers of Western New York. To the convention he was well known as a clear, forceful speaker, who had been a student of political history as well as of law, and who, in spite of his ardent devotion to his profession, had revealed, when shaping the policy of his party, the personal gifts and remarkable power of sustained argument that win admiration.

At Syracuse, in 1861, Laning, just then in his early forties, was in the fulness of his intellectual power. He had followed Douglas and favored the Crittenden Compromise, but the fall of Sumter crippled his sympathy for the South and stiffened his support of the Federal administration. Moreover, he understood the difficulty, during a period of war, of conducting an impartial, constitutional opposition to the policy of the Administration, without its degeneration into a faction, which at any moment might be shaken by interest, prejudice, or passion. The motion of Loomis, therefore, seemed to him too narrow, and he opposed it with eloquence, maintaining that it was the duty of all good men not to embarrass the Government in such a crisis. Rather than that bold rebellion should destroy the government, he said, he preferred to allow the President to take his own course. The responsibility was upon him, and the people, irrespective of party, should strengthen his hands until danger had disappeared and the government was re-established in all its strength.

Kernan did not take kindly to these sentiments. Like Loomis he resented arbitrary arrests in States removed from actual hostilities, where the courts were open for the regular administration of justice, and with a few ringing sentences he threw the delegates into wild cheering. Though brief, this speech resulted in restoring the Loomis resolution to its place in the platform, and in increasing the clamour that Kernan lead the party as a candidate for attorney-general. Kernan was not averse to taking office. For three years, from 1856 to 1859, he had been official reporter for the Court of Appeals, and in 1860 served in the Assembly. Later, he entered Congress, finally reaching the United States Senate. But in 1861 prudence prompted him to decline the tempting offer of a nomination for attorney-general, and although entreated to reconsider his determination, he stubbornly resisted, and at last forced the nomination of Lyman Tremaine of Albany, who had previously held the office.[35]

The work of the convention did not please all members of the party. To some the drift of the speeches and resolutions seemed an encouragement to armed rebellion; to others, although jealous of individual rights, it appeared to confuse the liberty of the press with license. One paper, an able representative of the party, disclaiming any desire "to rekindle animosities by discussing its various objectionable points," felt "bound to express its heartfelt repugnance of the malignant and traitorous spirit which animates the Loomis resolution."[36] These were severe words, showing that others than Laning opposed such criticism of the President.

Dean Richmond's refusal to unite in a Union convention did not stifle the hope that many Democrats might participate in such a meeting, and to afford them an opportunity a People's convention met at Wieting Hall in Syracuse, on September 11, contemporaneously with the Republican State convention. It became evident that the purpose was attained when the Democrats present declared that the banner of their former party no longer marked a place for them to muster. In character the members resembled determined Abolitionists in the forties. Its president, Thomas G. Alvord of Onondaga, had been speaker of the Assembly, a competitor of Gordon Granger for Congress, and a pronounced Hard Shell until the repeal of the Missouri Compromise drove him into the camp of the Softs. One of the delegates, James B. McKean, was soon to lead the Sixty-seventh Regiment to the field; another, Alexander S. Diven of Chemung was to enter Congress, and subsequently to distinguish himself at Antietam and Chancellorsville at the head of the One Hundred and Seventh; other participants, conspicuous in their respective localities, were to suffer bitterly and struggle bravely to maintain the Union. One delegate sung the "Star Spangled Banner," while the others, with radiant faces, broke into cheers. This was followed by several brief and vigorous speeches approving the war and the methods by which it was conducted. "There is no medium, no half way now," said one delegate, "between patriots and traitors."[37] This was the sentiment of the platform, which waived all political divisions and party traditions, declaring that the convention sought only, in this hour of national peril, to proclaim devotion to the Constitution and Union, and to defend and sustain the chosen authorities of the government at whatever cost of blood and treasure.