They saw a room lined with rows of books bound in law-calf, for it was Judge Nelson's library. In the midst a student's lamp shed a mellow light upon the usual paraphernalia of a lawyer's desk, and dimly illuminated the features of two men who sat facing each other across the table. The large form, massive head, and long gray hair of Judge Nelson, who sat with his back to the fireplace, were instantly recognized by the peering eyes at the window. The man who faced him was of a different type, a rather small figure, with nothing commanding in his appearance; he had a shock of sandy hair, blue eyes, and a smoothly shaven mouth and chin somewhat receding from a finely chiseled nose. He was speaking earnestly, and in a tone of conviction. His voice was harsh, but his manner was suave, agreeable, and persuasive.
"Who's he?" whispered one of the boys.
"That's Mr. Seward from Washington," replied the other, "I heard him make a speech in front of Judge Turner's house."
The eavesdroppers continued to listen, but the conversation between Judge Nelson and Mr. Seward was carried on in such low tones that they could make little of it. Now and again they caught a phrase—"more troops"—"President Lincoln"—"save the Union,"—but the purport of the matter was beyond them.
The spying youngsters crept into their beds that night laden with a sense of mystery in this weird consultation, of which they had been witnesses, between the senior justice of the Supreme Court of the United States and the Secretary of State of the United States. Next day they boasted among their comrades of having discovered some secret affair of state.
Years afterward, through Justice Nelson's son, Judge R. R. Nelson of St. Paul, Minnesota, it came out that these young spies had rightly divined the truth. The conference which the Secretary of State held with Justice Nelson during the small hours of the morning of August 22nd, 1863, was had at the instance of President Lincoln, and was importantly related to the conduct of the Civil War. The conference itself, in fact, was the secret motive of the diplomatic excursion, which had been designed especially to divert attention from it.
It seems that the administration at Washington had become greatly worried over a situation that had developed concerning the drafting of troops. A heavy draft had been ordered,—Otsego county had been called upon to furnish nearly a thousand men,—and there was great excitement throughout the northern states. At this critical juncture one of Justice Nelson's associates on the bench, who was sitting in the United States Circuit in Pennsylvania, had granted a writ of habeas corpus directing a certain drafted man to be brought before him, and the position taken by counsel was that the draft was unconstitutional and illegal. This justice, like Nelson, belonged to the Democratic party, and was therefore in many ways opposed to the Lincoln administration. He was known to entertain opinions which might lead him to decide that the draft was unconstitutional.
President Lincoln became apprehensive, and sent for Secretary Seward.
"We must have more troops," said the President, "and we can get them in only one way. Now if this draft should be declared unconstitutional, it would create a most serious state of affairs at the North, and would greatly encourage the South; it might even defeat our efforts to save the Union. In some way, if possible, this situation of affairs must be prevented."