The June 2025 Los Angeles riots have initiated constitutional questions about State vs. Federal authority. Per Article IV, Section 4 of the U.S. Constitution, it is up to the Governor or legislature of a State to request federal assistance; otherwise, the general government can enforce federal laws but generally has no authority to interfere with State affairs. Furthermore, the 1878 Posse Comitatus Act prohibits the use of the military in domestic law enforcement. A catalyst for this act was to avoid a repeat of the military occupation and post-war martial law imposed on the South after the denial of Southern Independence.
Another incident in history trumps (no pun intended) the present situation – the New York Draft Riots. The Lincoln Administration sought to meld together numerous disparate Northern factions. Despite sometimes intense Northern animosity against Irish (“No Irish need apply.”) and German immigrants (especially Catholics), the need for “fresh bodies for the military,” served to lessen this bigotry. Even the anti-Catholic Know Nothings accepted them. Many of the Germans, who settled heavily in the Midwest, were Forty-Eighters, and a significant number supported socialism and communism. Indeed, some were Union officers and were literally friends with Karl Marx. They combined with the pro-protectionist manufacturers and New England intellectuals to form some of Lincoln’s most loyal supporters.
Throughout history, the Irish have been used as “cannon fodder.” (Some insist they were also traded as slaves.) The Enrollment Act of 1863 was another chapter in this historical legacy. All male citizens between ages 20-45 were mandated to enroll, including males seeking citizenship. Wealthy Northerners could either fight or pay a $300.00 exemption from the draft. The Irish, mostly coming from meager circumstances, typically lacked the funds to buy exemptions. Whereas large numbers of wealthy Southerners fought, few wealthy Northerners did. William Tecumseh Sherman alluded to this, stating, “that without conscription there would have been no way to ‘separate the sheep from the goats and demonstrate what citizens will fight and what will only talk.’” Furthermore, Blacks were not considered citizens and were exempt from the draft, making them even greater targets for Northern anti-war factions. The draft reflected Northerners who “physically” supported the war; John Chodes, the New York playwright and historian, noted that about four times more men were drafted from New York than Massachusetts.
In July 1863, many Irish and German immigrants in New York City violently protested the implementation of the first Federal military draft, realizing they would be primary targets to fight in a war that had little relevance to them. The first day (Saturday, July 11) started as organized resistance and was relatively incident free; however, when the names of those conscripted began to spread, the anger intensified. By Monday, protests became violent with destruction of property, including the draft equipment used by the locals. Attacks were made on Horace Greeley’s New York Tribune office. Even the Colored Orphan Asylum was attacked—the children were safely removed but toys, clothing, and supplies were destroyed, and the building was set on fire. The rampage continued on Tuesday with looting and the destruction of businesses, including military uniform supplier Brooks Brothers. Mob attacks became more intense–at least two Blacks were lynched.
On Wednesday, at least four more Blacks were killed. Over a five-day period, New York City was disrupted by the destruction of property—both public and private, factory closings, violence against law enforcement, and brutal violence against Blacks. “The long term damage to New York’s black population was significant: In the aftermath of the riots, the city’s black population plummeted by more than 20 percent, to below 10,000 (the lowest number since the 1820s), as blacks fled the city in droves.” Prior to the Draft Riots, racial tension had been fueled by the issuance of the Emancipation Proclamation, which Lincoln described as a “war measure” in his attempt to change the reason for war. Not only did thousands of Union soldiers desert after its issuance, there was a strong fear that more Blacks would move to New York and compete for jobs. By the end of the draft riots, over 100 civilians had been killed and at least eleven Blacks had been lynched. The New York Times reported: “No period in the history of this city will be more memorable than the riot week. It will not be forgotten by this generation, and the stories of it will be transmitted to the generation that follows us.”
The story of the New York Draft Riots is often treated as a footnote in history. Nonetheless, the riots were extremely violent and deadly. Lasting almost a week, the riots were finally suppressed by the appearance of several thousand troops, including New York State Militia and Union troops from New York, Michigan, and Indiana.
This piece was originally published at The Alabama Gazette
The views expressed at AbbevilleInstitute.org are not necessarily the views of the Abbeville Institute.
There is much debate as to whether blacks were conscripted, coerced, or volunteered for duty. Much evidence exists to support all sides of the argument…I am certain there were official “impressment” gangs in the occupied States.
Probably some of each category. I suspect that those volunteering were fewer than the others. What they did they have to gain?
when the names of those conscripted began to spread, …..early info-gathering and record keeping back then?
I know for a fact, the Louisiana Confederate Native Guard was 1500 free black men from New Orleans who VOLUNTEERED for Confederate militia service but when New Orleans fell, were CONSCRIPTED into the union army. These were the first black military officers in the New World while wearing Confederate Grey…but were stripped of rank by the yankees.
Bank’s General Order 63, Department of the Gulf.