The Rise and Fall of the Confederate Government, Volume 2

by Jefferson Davis

[Footnote 85: Article II, amendment.]

CHAPTER XLIV.

Subjugation of the Northern States.—Humiliating Spectacle of New York.—"Ringing of a Little Bell."—Seizure and Imprisonment of Citizens.—Number seized.—Paper Safeguards of Liberty.—Other Safeguards.—Suspension of the Writ of Habeas Corpus absolutely forbidden with One Exception.—How done.—Not able to authorize another.—Abundant Protective Provisions in New York, but all failed.—Case of Pierce Butler.—Arrest of Secretary Cameron.—The President assumes the Responsibility of the Crime.—No Heed given to the Writ of Habeas Corpus issued by the Court.—The Governor passive.—Words of Justice Nelson.—Prison overflowing.—How relieved.—Oath required of Applicants for Relief.—Oath declined by some.—Reasons.—Order forbidding the Employment of Counsel by Prisoners.—Victims in almost Every Northern State.—Defeat at the Elections.—Result.—Suit for Damages commenced.—Congress interferes to protect the Guilty.—State Courts subjugated.—How suspend Habeas Corpus.—Congress violates the Constitution.—What was New York?—Writ suspended throughout the United States.-What is "Loyalty"?—Military Domination.—Correspondence between General Dix and Governor Seymour.—Seizure of Newspapers.—Governor orders Arrest of Offenders.—Interference with the State Election.—Vote of the Soldiers.—State Agents arrested.—Provost-Marshals appointed in Every Northern State.—Their Duties.—Sustained by Force.—Trials by Military Commission.—Trials at Washington.— Assassination of the President.—Trial of Henry Wirz.—Efforts to implicate the Author.—Investigation of a Committee of Congress as to Complicity in the Assassination.—Arrest, Trial, and Banishment of Clement C. Vallandigham.—Assertions of Governor Seymour on the Case.

Now follows the humiliating spectacle of the subjugation of the State government of New York—the "Empire" State, as she calls herself— where, with all her men and treasures, it might have been supposed that some stanch defenders of constitutional liberty would have sprung up. On the contrary, under the pretext of "preserving the Union," her deluded children aided to destroy the Constitution on which the Union was founded, and put forth all their strength to exalt the Government of the United States to supremacy. Thus the States were brought to a condition of subjugation, and their governments subverted from the protection of the rights for which they were instituted. These unalienable rights of the people were left without a protector or a shield before the crushing hand of the usurper; the sovereignty of the people was set aside, and in its place arose the sovereignty of the Government of the United States. With the foundation undermined, the superstructure subverted, the ends for which the Great Republic was organized entirely lost to sight, and the true balance of the system destroyed, unless the dormant virtue and love for their inherited rights shall arouse the citizens to a vigorous effort to restore the republican institutions and powers of the States, the emperors and kings of the earth have only to await calmly the lapse of time to behold a fulfillment of their evil prophecies in regard to the "Great Republic" of the world.

To show how the laws were disregarded, and how despotically the personal liberty of the citizen was invaded, let this example bear witness: The Secretary of State at Washington, William H. Seward, a favored son of the State of New York, would "ring a little bell," which brought to him a messenger, to whom was given a secret order to arrest and confine in Fort Lafayette a person designated. This order was sent by telegraph to the United States Marshal of the district in which would be found the person who was to be arrested. The arrest being forcibly made by the marshal with armed attendants without even the form of a warrant, the prisoner without the knowledge of any charge against him was conveyed to Fort Hamilton and turned over to the commandant. An aid with a guard of soldiers then conveyed him in a boat to Fort Lafayette and delivered him to the keeper in charge, who gave a receipt for the prisoner. He was then divested of any weapons, money, valuables, or papers in his possession. His baggage was opened and searched. A soldier then took him in charge to the designated quarter, which was a portion of one of the casemates for guns, lighted only from the port-hole, and occupied by seven or eight other prisoners. All were subjected to prison fare. Some were citizens of New York, and the others of different States. This manner of imprisonment was subsequently put under the direction of the Secretary of War, and continued at intervals until the close of the war.

In the brief period between July 1 and October 19, 1861, the Secretary of State, William H, Seward, made such diligent use of his "little bell," that one hundred and seventy-five of the most respectable citizens of the country were consigned to imprisonment in this Fort Lafayette, a strong fortress in the lower part of the harbor of New York. A decent regard for the memory of the friend of Washington, and for the services rendered to the colonies in their struggle for independence, might have led Mr. Seward to select for such base uses some other place than that which bore the honored name of Lafayette.

The American citizen has always, like the ancient Roman, felt that his personal liberty was secure. He supposed himself to be surrounded with numerous paper safeguards, which, together with the love of justice and respect for law, common to his fellow-citizens, would be sufficient for his protection against any usurper. These now proved to be as weak as the paper upon which they were written. What were these supposed safeguards? There was the Constitution of the State of New York, an instrument for the protection and government of the people. It had received the consent of the people of the State who were governed by it, and therefore its powers were "just powers." Its first object was to protect the unalienable rights of its citizens, relative to which it contains various provisions in its Bill of Rights: its declarations respecting personal liberty; its regulations to secure and enforce the great writ of freemen, the habeas corpus; the powers granted to the courts which it created; the Legislature; the Executive, in whose hands was placed the richest purse and the strongest sword of the sovereign States to protect the rights of its citizens.

Further safeguards were placed in the Constitution of the United States. These were designed to restrain that Government from any invasion of the citizen's personal liberty. They are as follows:

"The right of the people to be secure in their persons . . . shall not be violated, and no warrant shall issue but upon probable cause, supported by oath, or affirmation, and particularly describing . . . the persons to be seized." [86]

Again: