the battle-field shall, as then determined best, be devoted to our suffering country in support of the Union. Colonel Morse is doing good service here; but his force is run out, else we would not trouble you. I should say too that General Lockwood is doing us good service on the Eastern Shore. If I appear to you too anxious, excuse it. I have, or rather my country has much at stake. I am peculiarly situated, as you know, and yet for myself I care little. To know I am right is all. My span of life is nearly out; but when that is ended my country will be here, and if only united a great, indivisible country, as heretofore, then I can repose in a small modicum of her territory in peace. Trusting that all may-will work together for good, I have the honor to be, with great respect, Your obedient servant, THOMAS A. HICKS. Head-quarters, Department of Pennsylvania, To the United States Marshal of Maryland and the Provostmarshal of the City of Baltimore: Information has come to my knowledge that certain individuals, who formerly resided in this State, and are known to have been recently in Virginia bearing arms against the authority and the forces of the United States, have returned to their former homes, with the intention of taking part in the election of the 6th of November instant, thus carrying out at the polls the treason they have committed in the field. There is reason also to believe that other individuals, lately residents of Maryland, who have been engaged in similar acts of hostility to the United States, or in actively aiding and abetting those in arms against the United States, are about to participate in the election for the same treacherous purpose, with the hope of carrying over the State, by disloyal votes, to the cause of rebellion and treason. I, therefore, by virtue of the authority vested in me to arrest all persons in rebellion against the United States, require you to take into custody all such persons in any of the election districts or precincts in which they may appear at the polls to effect their criminal attempts to convert the elective franchise into an engine for the subversion of the Government, and for the encouragement and support of its enemies. In furtherance of this object, I request the Judges of Election of the several districts and precincts of the State, in case any such person shall present himself and offer his vote, to commit him until he can be taken into custody by the authority of the United States. And I call on all good and loyal citizens to support the Judges of Election, the United States Marshal and his deputies, and the Provost-marshal of Baltimore and the police, in their efforts to secure a free and fair expression of the voice of the people of Maryland, and at the same time to prevent the ballot-boxes from being polluted by treasonable votes. (Signed) JOHN A. DIX, Major-general Commanding. New York, November 7, 1863. MY DEAR SIR,-I have just seen your letter to the President. General Schenck's order I have not seen. You have quoted from my proclamation of the 1st of November; but there is a letter to the Judges of Election in a certain precinct near Baltimore, in which I declined to order the oath of allegiance, or any other test, to be required of voters, taking the ground that the Constitution and laws of Maryland established the qualification of voters, and that I could not interfere with them. I think the letter was written about the 1st of November. It is in the Letter Book at the Department Head-quarters at Baltimore. I also telegraphed Mr. Dodge from Fort McHenry, the night before the election, requiring him to use every effort to prevent any interference with the free exercise of the right of suffrage. I remember saying to him that there was no difficulty in controlling Maryland by force, but that this was not what we wanted. We wished to show that we could control it by the power of opinion, and that we must, in order to satisfy the country the people were on our side, leave them to an unbiassed expression of their wishes. A copy of this despatch ought to be in the hands of Mr. Dodge, Provost-marshal. It is in the telegraph office at the Department Head-quarters. I write without knowing what the precise point of disagreement is, except so far as I can infer it from your letter. I am, truly yours, His Excellency A. W. BRADFord. JOHN A. DIX. VII. (Vol. II., page 83.) Head-quarters, Department of the East, Hon. E. M. Stanton, Secretary of War: SIR, I telegraphed the Provost-marshal General this morning that there ought to be ten thousand troops in this city and harbor when the draft is resumed, and that with such a force it may be commenced on Monday. This force is the smallest estimated by any one as necessary to hold the forts, provide for the safety of the public property in the city, and overawe resistance to the draft. Although General Canby has five thousand men, they are very much scattered, and not more than two thousand would be available for service in the city. The interests the Government has in this city, independently of the importance of preventing any open opposition to its authority, are too great to be put at hazard by want of adequate preparation, and I am constrained to believe that the whole moral influence of the executive power of the State will be thrown against the execution of the law for enrolling and calling out the national forces, and a case may occur in which the military power of the State will be employed to defeat it. If this case arises, or is likely to arise, I shall promptly declare martial law and suspend the civil authority. In connection with this subject it becomes of the greatest importance to consider the extent of the President's authority over the militia of this city and State. By the first section of the act of July 29, 1861, chapter 25, the President is authorized to call forth the militia of any or all the States whenever, by reason of unlawful obstructions, combinations, etc., it is impracticable, in his judgment, to enforce the laws, etc. This and section 2 of the same act are substitutes for sections 2 and 3 of the act of February 28, 1795, chapter 36. The Supreme Court of the United States (12 Wheaton, Martin vs. Mott) held that "the authority to decide whether the exigency has arisen belongs exclusively to the President, and that his decision is conclusive upon all other persons." Though not in the order of dates, I begin with this interpretation because it is applicable to all the cases that can arise for the exercise of the President's power under the acts authorizing him to call forth the militia. In view of the difficulties existing here, there is another question of pre-eminent importance. Has the President authority to address his orders to particular officers of the militia to call out the troops under their command without a requisition upon the Governor of the State? Or, to suppose a case for the exercise of the power: Can the President order Major-general Sandford to call out his command to resist unlawful obstructions to the execution of the act for enrolling and calling out the national forces? In the case of Houston vs. Moore, 5 Wheaton, the Supreme Court of the United States, by Justice Washington, said: "The President's orders may be given to the chief executive magistrate of the State, or to any militia officer he may think proper." This power is expressly given in the first section of the act in cases of invasion or danger of invasion. The Court considered it applicable to the cases of insurrection and obstructions to the execution of the laws. It held that "the act of the 2d of May, 1792, which is re-enacted almost verbatim by that of the 28th of February, 1795, authorizes the President of the United States, in case of invasion, or of imminent danger of invasion, or when it may be necessary for executing the laws of the United States, or to suppress insurrection, to call forth such number of the militia of the States most convenient to the scene of action as he may judge necessary, and to issue his orders for that purpose to such officers of the militia as he shall think proper." If I find it necessary to declare martial law, I may also find it necessary to ask the President to call General Sandford's division into the service of the United States, and to address the order directly to him. It may be the more important, as intimations have been thrown out, by persons officially connected with Governor Seymour, that the militia of the city may be used to protect its citizens against the draft in certain contingencies; and it is quite possible that such a contingency may arise in the progress of judicial proceedings instituted to release individuals from the operation of the act for enrolling and calling out the militia. That there is wide-spread disaffection in this city, and that opposition to the draft has been greatly increased by Governor Seymour's letters, cannot be doubted; and in view of the disastrous effects at home and abroad of a successful resistance to the authority of the United States, I renew the request contained in my despatch of this morning to Colonel Fry, that five thousand more troops may be sent here. With this preparation I feel confident that rioters, as well as the more dangerous enemies of the public order-those who sympathize with the scceded States, or are so embittered by party prejudice as to lose sight of their duties to the Government and the Union-will be overawed; that the draft will be completed without serious disturbance, and the public authority effectually maintained. I have the honor to be, very respectfully yours, JOHN A. DIX, Major-general. VIII. (Vol. II., page 92.) ON THE RIGHt of the goVERNMENT TO MAKE A DRAFT. Letter to the War Democracy of Wisconsin. New York, September 9, 1863. GENTLEMEN,—I received the day before yesterday yours of the 31st of August, inviting me to attend a Mass Convention of the loyal Democracy of Wisconsin, on the 17th instant, at the city of Janesville. I have not seen the platform, embracing the Ryan address, put forth by the Democracy of Wisconsin, at Madison, on the 5th of August; but it is enough for me to know that you are in favor of "the resolute prosecution of the war," and of "unconditionally supporting the Government in its efforts and credit in upholding its laws and replenishing its armies until the supremacy of the Constitution shall be established over every State and upon every spot of our domain.” This is my own purpose; and I have seen, with the deepest regret, manifestations of a determination on the part of a portion of the Democracy of the country to withhold its support from the Government in carrying on the war, on account of certain errors of policy, thus giving aid to the public enemies who are in arms against the Union and the national life. This determination, if persevered in, will inevitably betray the Democratic |