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[411] deprived of the power to fulfill its obligations to protect and preserve this right of its-citizens, but every state government of the Northern states was in like manner subverted. The only distinction known among the citizens was that established by the government of the United States in answer to the question applied to each one, ‘Is he loyal or disloyal?’ The only test of loyalty was based on submission, and, as usual in such cases, the most abject in spirit were the most loyal to the usurper. All those liberties of conduct and action which stamp the true freeman everywhere throughout the world disappeared; the suppressed voice, the apprehensive look, and the cautious movements were substituted for the free speech, the open brow, and fearless tread which had characterized the American.

Another step in the subjugation of the government of the state of New York was made by the dominion over it of the military power of the government of the United States. This took place in a time of peace in the state, when the courts were all open and the civil administration of affairs was unobstructed. On July 30, 1863, the United States commanding general of that department addressed a letter to Governor Seymour, saying:

As the draft under the act of Congress of March 3, 1863, for enrolling and calling out the national forces, will probably be resumed in this city (New York) at an early day, I am desirous of knowing whether the military power of the State may be relied on to enforce the execution of the law, in case of forcible resistance to it. I am very anxious there should be perfect harmony of action between the Federal Government and that of the State of New York; and if, under your authority to see the laws faithfully executed, I can feel assured that the act referred to will be enforced, I need not ask the War Department to put at my disposal, for the purpose, troops in the service of the United States.

Governor Seymour replied on August 3d:

I have this day sent to the President of the United States a communication in relation to the draft in this State. I believe his answer will relieve you and me from the painful questions growing out of an armed enforcement of the conscription law in this patriotic State, which has contributed so largely and freely to the support of the national cause during the existing war.

On August 8th General Dix writes again:

It is my duty, as commanding officer of the troops in the service of the United States in this department, if called on by the enrolling officers, to aid them in resisting forcible opposition to the execution of the law; and it is from an earnest desire to avoid the necessity of employing for the purpose any of my forces, which have been placed here to garrison the forts and protect the public property, that I wished to see the draft enforced by the military power of the State, in case of armed or organized resistance to it. . . . I designed, if your cooperation could not be relied on, to ask the General Government for a force which should be adequate

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