The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1884-06-07
A STROKE OF DIPLOMACY.
A Chapter of Unwritten History of the Late
Rebellion.
New York Graphic.

New York Graphic.
Samuel Nelson, Judge of the United States
Supreme Court and lifelong Democrat proba-
bly, did as much for the federal cause during the
as any of his standing not commanding
III the field, and perhaps more than some of
those. But at a certain period of the great strug
gle the strain began to be severely felt Enthu-
slaSm ran low. Volunteering almost ceased.
Even money lost It's attraction, and the large
bounties offered failed to fill the ranks Of the
armies, almost decimated by desertion, dis
ease and casualties 1t was in this dark time
that Congress sought to come to the rescue
by passing the CONSUMPTION law authorizing the
drafting of all ablebodied citizens under the age
of forty This act was universally offensive,
and its enforcement more so. An effort was
made to test its legality and some persons in
Philadelphia procured habeas corpus from
Judge Cadwallader for drafted man. to
have the legality of the drafting tested. The
Judge declared the law to be void, as uncon-
stitutional. His decision when made public
created universal alarm; then similar case
was brought before Judge McCandess, of
West Pennsylvania. He took The same legal
view, but without announcing his decision
communicated it to the President, Mr.. Lin
coin, who at once sent for Mr. w. II. Seward, the
Secretary Of State, to whom he said: what are
we to dol We are crippled already by the deci-
sion of Judge Cadwalader, and should the CON
culrence of Judge McCandess be made public
the CONSUMPTION law will prove dead letter, the
draft will be stopped, the reinforcement of our
armies must cease, and our cause will be endan-
gered. What them can we do to keep this Penn
sylvania decision from publication and to destroy
the effect of the one already announced" The
Secretary replied There is but one man in the
United States equal to the emergency and that
is Samuel Nelson, of the Supreme Court
The President-Send for him, then.
Seward-That can't be safely done, for what
ever he does must be done in absolute secrecy
and without any one knowing what he is trying
to accomplish, or that he is trying to accomplish
it. Here we are surrounded by spies and detect
ives and if / send for him he will be watched
and followed, his business guessed at, possibly
discovered, and thus he will be deprived of the
ability or opportunity to aid u.s.
The President-Well, then, go at once and see
him yourself
Seward-That will be worse, for the same spies
viii follow and watch me.
The Presidency gu seem to be more fertile
in suggesting difficulties thar means to overcome
them. You must get the interview.
This broke off the audience, but day or two
afterward the Secretary of State invited the
whole diplomatic corps on an excursion to visit
the lakes of Central New York. He conducted
them to Canandaigua, Seneca, Owasco, Salina
and Otsego, thence to Cooperstown, the resi-
dence of Judge Nelson, and while the foreign
guests were being there entertained, Mr.. Seward
had the desired interview, the result of which
was that the opinion of Judge Cadwallader fell
still born, and that of McCandless never saw
light. How this was accomplished is probably
reserved for the pen of a much later historian,
but in spite of Fontenelle's profound remark,
'Lhistorie-cest DIES fables convenues, the lit
tie story has the merit of being strictly true.