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diff --git a/19831.txt b/19831.txt new file mode 100644 index 0000000..f51e1ab --- /dev/null +++ b/19831.txt @@ -0,0 +1,32775 @@ +The Project Gutenberg EBook of The Rise and Fall of the Confederate +Government, Vol. 1 (of 2), by Jefferson Davis + +This eBook is for the use of anyone anywhere at no cost and with +almost no restrictions whatsoever. You may copy it, give it away or +re-use it under the terms of the Project Gutenberg License included +with this eBook or online at www.gutenberg.org + + +Title: The Rise and Fall of the Confederate Government, Vol. 1 (of 2) + +Author: Jefferson Davis + +Release Date: November 16, 2006 [EBook #19831] +Last Updated: January 14, 2013 + +Language: English + +Character set encoding: ASCII + +*** START OF THIS PROJECT GUTENBERG EBOOK CONFEDERATE GOVERNMENT *** + + + + +Produced by Geoff Horton, David King, and the Online +Distributed Proofreaders team at http://www.pgdp.net + + + + + + +THE RISE AND FALL OF THE CONFEDERATE GOVERNMENT + +VOLUME ONE (OF TWO) + +By + +JEFFERSON DAVIS + + + + +PREFACE. + + +The object of this work has been from historical data to show that the +Southern States had rightfully the power to withdraw from a Union into +which they had, as sovereign communities, voluntarily entered; that the +denial of that right was a violation of the letter and spirit of the +compact between the States; and that the war waged by the Federal +Government against the seceding States was in disregard of the +limitations of the Constitution, and destructive of the principles of +the Declaration of Independence. + +The author, from his official position, may claim to have known much of +the motives and acts of his countrymen immediately before and during the +war of 1861-'65, and he has sought to furnish material far the future +historian, who, when the passions and prejudices of the day shall have +given place to reason and sober thought, may, better than a +contemporary, investigate the causes, conduct, and results of the war. + +The incentive to undertake the work now offered to the public was the +desire to correct misapprehensions created by industriously circulated +misrepresentations as to the acts and purposes of the people and the +General Government of the Confederate States. By the reiteration of such +unappropriate terms as "rebellion" and "treason," and the asseveration +that the South was levying war against the United States, those ignorant +of the nature of the Union, and of the reserved powers of the States, +have been led to believe that the Confederate States were in the +condition of revolted provinces, and that the United States were forced +to resort to arms for the preservation of their existence. To those who +knew that the Union was formed for specific enumerated purposes, and +that the States had never surrendered their sovereignty it was a +palpable absurdity to apply to them, or to their citizens when obeying +their mandates, the terms "rebellion" and "treason"; and, further, it is +shown in the following pages that the Confederate States, so far from +making war or seeking to destroy the United States, as soon as they had +an official organ, strove earnestly, by peaceful recognition, to +equitably adjust all questions growing out of the separation from their +late associates. + +Another great perversion of truth has been the arraignment of the men +who participated in the formation of the Confederacy and who bore arms +in its defense, as the instigators of a controversy leading to disunion. +Sectional issues appear conspicuously in the debates of the Convention +which framed the Federal Constitution, and its many compromises were +designed to secure an equilibrium between the sections, and to preserve +the interests as well as the liberties of the several States. African +servitude at that time was not confined to a section, but was +numerically greater in the South than in the North, with a tendency to +its continuance in the former and cessation in the latter. It therefore +thus early presents itself as a disturbing element, and the provisions +of the Constitution, which were known to be necessary for its adoption, +bound all the States to recognize and protect that species of property. +When at a subsequent period there arose in the Northern States an +antislavery agitation, it was a harmless and scarcely noticed movement +until political demagogues seized upon it as a means to acquire power. +Had it been left to pseudo-philanthropists and fanatics, most zealous +where least informed, it never could have shaken the foundations of the +Union and have incited one section to carry fire and sword into the +other. That the agitation was political in its character, and was +clearly developed as early as 1803, it is believed has been established +in these pages. To preserve a sectional equilibrium and to maintain the +equality of the States was the effort on one side, to acquire empire was +the manifest purpose on the other. This struggle began before the men of +the Confederacy were born; how it arose and how it progressed it has +been attempted briefly to show. Its last stage was on the question of +territorial governments; and, if in this work it has not been +demonstrated that the position of the South was justified by the +Constitution and the equal rights of the people of all the States, it +must be because the author has failed to present the subject with a +sufficient degree of force and clearness. + +In describing the events of the war, space has not permitted, and the +loss of both books and papers has prevented, the notice of very many +entitled to consideration, as well for the humanity as the gallantry of +our men in the unequal combats they fought. These numerous omissions, it +is satisfactory to know, the official reports made at the time and the +subsequent contributions which have been and are being published by the +actors, will supply more fully and graphically than could have been done +in this work. + +Usurpations of the Federal Government have been presented, not in a +spirit of hostility, but as a warning to the people against the dangers +by which their liberties are beset. When the war ceased, the pretext on +which it had been waged could no longer be alleged. The emancipation +proclamation of Mr. Lincoln, which, when it was issued, he humorously +admitted to be a nullity, had acquired validity by the action of the +highest authority known to our institutions--the people assembled in +their several State Conventions. The soldiers of the Confederacy had +laid down their arms, had in good faith pledged themselves to abstain +from further hostile operations, and had peacefully dispersed to their +homes; there could not, then, have been further dread of them by the +Government of the United States. The plea of necessity could, therefore, +no longer exist for hostile demonstration against the people and States +of the deceased Confederacy. Did vengeance, which stops at the grave, +subside? Did real peace and the restoration of the States to their +former rights and positions follow, as was promised on the restoration +of the Union? Let the recital of the invasion of the reserved powers of +the States, or the people, and the perversion of the republican form of +government guaranteed to each State by the Constitution, answer the +question. For the deplorable fact of the war, for the cruel manner in +which it was waged, for the sad physical and yet sadder moral results it +produced, the reader of these pages, I hope, will admit that the South, +in the forum of conscience, stands fully acquitted. + +Much of the past is irremediable; the best hope for a restoration in the +future to the pristine purity and fraternity of the Union, rests on the +opinions and character of the men who are to succeed this generation: +that they maybe suited to that blessed work, one, whose public course is +ended, invokes them to draw their creed from the fountains of our +political history, rather than from the lower stream, polluted as it has +been by self-seeking place-hunters and by sectional strife. + +THE AUTHOR. + + + + +CONTENTS. + + +Introduction + +PART I. + +CHAPTER I. + +African Servitude.--A Retrospect.--Early Legislation with Regard to the +Slave-Trade.--The Southern States foremost in prohibiting it.--A Common +Error corrected.--The Ethical Question never at Issue in Sectional +Controversies.--The Acquisition of Louisiana.--The Missouri +Compromise.--The Balance of Power.--Note.--The Indiana Case. + + +CHAPTER II. + +The Session of 1849-'50.--The Compromise Measures.--Virtual Abrogation +of the Missouri Compromise.--The Admission of California.--The Fugitive +Slave Law.--Death of Mr. Calhoun.--Anecdote of Mr. Clay. + + +CHAPTER III. + +Reelection to the Senate.--Political Controversies in +Mississippi.--Action of the Democratic State Convention.--Defeat of the +State-Rights Party.--Withdrawal of General Quitman and Nomination of the +Author as Candidate for the Office of Governor.--The Canvass and its +Result.--Retirement to Private Life. + + +CHAPTER IV. + +The Author enters the Cabinet.--Administration of the War +Department.--Surveys for a Pacific Railway.--Extension of the +Capitol.--New Regiments organized.--Colonel Samuel Cooper, +Adjutant-General.--A Bit of Civil-Service Reform.--Reelection to the +Senate.--Continuity of the Pierce Cabinet.--Character of Franklin +Pierce. + + +CHAPTER V. + +The Territorial Question.--An Incident at the White House.--The Kansas +and Nebraska Bill.--The Missouri Compromise abrogated in 1850, not in +1854.--Origin of "Squatter Sovereignty."--Sectional Rivalry and its +Consequences.--The Emigrant Aid Societies.--"The Bible and Sharpe's +Rifles."--False Pretensions as to Principle.--The Strife in Kansas.--A +Retrospect.--The Original Equilibrium of Power and its Overthrow.-- +Usurpations of the Federal Government.--The Protective Tariff.-- +Origin and Progress of Abolitionism.--Who were the Friends of +the Union?--An Illustration of Political Morality. + + +CHAPTER VI. + +Agitation continued.--Political Parties: their Origin, Changes, and +Modifications.--Some Account of the "Popular Sovereignty," or +"Non-Intervention," Theory.--Rupture of the Democratic Party.--The John +Brown Raid.--Resolutions introduced by the Author into the Senate on the +Relations of the States, the Federal Government, and the Territories; +their Discussion and Adoption. + + +CHAPTER VII. + +A Retrospect.--Growth of Sectional Rivalry.--The Generosity of +Virginia.--Unequal Accessions of Territory.--The Tariff and its +Effects.--The Republican Convention of 1860, its Resolutions and its +Nominations.--The Democratic Convention at Charleston, its Divisions and +Disruption.--The Nominations at Baltimore.--The "Constitutional-Union" +Party and its Nominees.--An Effort in Behalf of Agreement declined by +Mr. Douglas.--The Election of Lincoln and Hamlin.--Proceedings in the +South.--Evidences of Calmness and Deliberation.--Mr. Buchanan's +Conservatism and the weakness of his Position.--Republican Taunts.--The +"New York Tribune," etc. + + +CHAPTER VIII. + +Conference with the Governor of Mississippi.--The Author censured as +"too slow."--Summons to Washington.--Interview with the President.--His +Message.--Movements in Congress.--The Triumphant Majority.--The +Crittenden Proposition.--Speech of the Author on Mr. Green's +Resolution.--The Committee of Thirteen.--Failure to agree.--The +"Republicans" responsible for the Failure.--Proceedings in the House of +Representatives.--Futility of Efforts for an Adjustment.--The Old Year +closes in Clouds. + + +CHAPTER IX. + +Preparations for Withdrawal from the Union.--Northern Precedents.--New +England Secessionists.--Cabot, Pickering, Quincy, etc.--On the +Acquisition of Louisiana.--The Hartford Convention.--The Massachusetts +Legislature on the Annexation of Texas, etc., etc. 70 + + +CHAPTER X. + +False Statements of the Grounds for Separation.--Slavery not the Cause, +but an Incident.--The Southern People not "Propagandists" of +Slavery.--Early Accord among the States with regard to African +Servitude.--Statement of the Supreme Court.--Guarantees of the +Constitution.--Disregard of Oaths.--Fugitives from Service and the +"Personal Liberty Laws."--Equality in the Territories the Paramount +Question.--The Dred Scott Case.--Disregard of the Decision of the +Supreme Court.--Culmination of Wrongs.--Despair of their +Redress.--Triumph of Sectionalism. + + +PART II. + +_THE CONSTITUTION._ + +CHAPTER I. + +The Original Confederation.--"Articles of Confederation and Perpetual +Union."--Their Inadequacy ascertained.--Commercial Difficulties.--The +Conference at Annapolis.--Recommendation of a General Convention.-- +Resolution of Congress.--Action of the Several States.--Conclusions +drawn therefrom. + + +CHAPTER II. + +The Convention of 1787.--Diversity of Opinion.--Luther Martin's Account +of the Three Parties.--The Question of Representation.--Compromise +effected.--Mr. Randolph's Resolutions.--The Word "National" +condemned.--Plan of Government framed.--Difficulty with Regard to +Ratification, and its Solution.--Provision for Secession from the +Union.--Views of Mr. Gerry and Mr. Madison.--False Interpretations.-- +Close of the Convention. + + +CHAPTER III. + +Ratification of the Constitution by the States.--Organization of the New +Government.--Accession of North Carolina and Rhode Island.-- +Correspondence between General Washington and the Governor of Rhode +Island. + + +CHAPTER IV. + +The Constitution not adopted by one People "in the Aggregate."--A Great +Fallacy exposed.--Mistake of Judge Story.--Colonial Relations.--The +United Colonies of New England.--Other Associations.--Independence of +Communities traced from Germany to Great Britain, and from Great Britain +to America.--Mr. Everett's "Provincial People."--Origin and Continuance +of the Title "United States."--No such Political Community as the +"People of the United States." + + +CHAPTER V. + +The Preamble to the Constitution.--"We, the People." + + +CHAPTER VI. + +The Preamble to the Constitution--subject continued.--Growth of the +Federal Government and Accretions of Power.--Revival of Old +Errors.--Mistakes and Misstatements.--Webster, Story, and Everett.--Who +"ordained and established" the Constitution? + + +CHAPTER VII. + +Verbal Cavils and Criticisms.--"Compact," "Confederacy," "Accession," +etc.--The "New Vocabulary."--The Federal Constitution a Compact, and the +States acceded to it.--Evidence of the Constitution itself and of +Contemporary Records. + + +CHAPTER VIII. + +Sovereignty + + +CHAPTER IX. + +The same Subject continued.--The Tenth Amendment.--Fallacies +exposed.--"Constitution," "Government," and "People" distinguished from +each other.--Theories refuted by Facts.--Characteristics of +Sovereignty.--Sovereignty identified.--Never thrown away. + + +CHAPTER X. + +A Recapitulation.--Remarkable Propositions of Mr. Gouverneur Morris in +the Convention of 1787, and their Fate.--Further Testimony.--Hamilton, +Madison, Washington, Marshall, etc.--Later Theories.--Mr. Webster: his +Views at Various Periods.--Speech at Capon Springs.--State Rights not a +Sectional Theory. + + +CHAPTER XI. + +The Right of Secession.--The Law of Unlimited Partnerships.--The +"Perpetual Union" of the Articles of Confederation and the "More Perfect +Union" of the Constitution.--The Important Powers conferred upon the +Federal Government and the Fundamental Principles of the Compact the +same in both Systems.--The Right to resume Grants, when failing to +fulfill their Purposes, expressly and distinctly asserted in the +Adoption of the Constitution. + + +CHAPTER XII. + +Coercion the Alternative to Secession.--Repudiation of it by the +Constitution and the Fathers of the Constitutional Era.--Difference +between Mr. Webster and Mr. Hamilton. + + +CHAPTER XIII. + +Some Objections considered.--The New States.--Acquired +Territory.--Allegiance, false and true.--Difference between +Nullification and Secession.--Secession a Peaceable Remedy.--No Appeal +to Arms.--Two Conditions noted. + + +CHAPTER XIV. + +Early Foreshadowings.--Opinions of Mr. Madison and Mr. Rufus +King.--Safeguards provided.--Their Failure.--State Interposition.--The +Kentucky and Virginia Resolutions.--Their Endorsement by the People in +the Presidential Elections of 1800 and Ensuing Terms.--South Carolina +and Mr. Calhoun.--The Compromise of 1833.--Action of Massachusetts in +1843-'45.--Opinions of John Quincy Adams.--Necessity for Secession. + + +CHAPTER XV. + +A Bond of Union necessary after the Declaration of +Independence.--Articles of Confederation.--The Constitution of the +United States.--The Same Principle for obtaining Grants of Power in +both.--The Constitution an Instrument enumerating the Powers +delegated.--The Power of Amendment merely a Power to amend the Delegated +Grants.--A Smaller Power was required for Amendment than for a +Grant.--The Power of Amendment is confined to Grants of the +Constitution.--Limitations on the Power of Amendment. + + +PART III. + +_SECESSION AND CONFEDERATION._ + +CHAPTER I. + +Opening of the New Year.--The People in Advance of their +Representatives.--Conciliatory Conduct of Southern Members of +Congress.--Sensational Fictions.--Misstatements of the Count of +Paris.--Obligations of a Senator.--The Southern Forts and +Arsenals.--Pensacola Bay and Fort Pickens.--The Alleged "Caucus" and its +Resolutions.--Personal Motives and Feelings.--The Presidency not a +Desirable Office.--Letter from the Hon. C. C. Clay. + + +CHAPTER II. + +Tenure of Public Property ceded by the States.--Sovereignty and Eminent +Domain.--Principles asserted by Massachusetts, New York, Virginia, and +other States.--The Charleston Forts.--South Carolina sends Commissioners +to Washington.--Sudden Movement of Major Anderson.--Correspondence of +the Commissioners with the President.--Interviews of the Author with Mr. +Buchanan.--Major Anderson.--The Star of the West.--The President's +Special Message.--Speech of the Author in the Senate.--Further +Proceedings and Correspondence relative to Fort Sumter.--Mr. Buchanan's +Rectitude in Purpose and Vacillation in Action. + + +CHAPTER III. + +Secession of Mississippi and Other States.--Withdrawal of +Senators.--Address of the Author on taking Leave of the Senate.--Answer +to Certain Objections. + + +CHAPTER IV. + +Threats of Arrest.--Departure from Washington.--Indications of Public +Anxiety.--"Will there be war?"--Organization of the "Army of +Mississippi."--Lack of Preparations for Defense in the South.--Evidences +of the Good Faith and Peaceable Purposes of the Southern People. + + +CHAPTER V. + +Meeting of the Provisional Congress of the Confederate States.--Adoption +of a Provisional Constitution.--Election of President and +Vice-President.--Notification to the Author of his Election.--His Views +with Regard to it.--Journey to Montgomery.--Interview with Judge +Sharkey.--False Reports of Speeches on the Way.--Inaugural +Address.--Editor's Note. + + +CHAPTER VI. + +The Confederate Cabinet. + + +CHAPTER VII. + +Early Acts of the Confederate Congress.--Laws of the United States +continued in Force.--Officers of Customs and Revenue continued in +Office.--Commission to the United States.--Navigation of the +Mississippi.--Restrictions on the Coasting-Trade removed.--Appointment +of Commissioners to Washington. + + +CHAPTER VIII. + +The Peace Conference.--Demand for "a Little Bloodletting."--Plan +proposed by the Conference.--Its Contemptuous Reception and Treatment in +the United States Congress.--Failure of Last Efforts at Reconciliation +and Reunion.--Note.--Speech of General Lane, of Oregon. + + +CHAPTER IX. + +Northern Protests against Coercion.--The "New York Tribune," Albany +"Argus," and "New York Herald."--Great Public Meeting in New +York.--Speeches of Mr. Thayer, ex-Governor Seymour, ex-Chancellor +Walworth, and Others.--The Press in February, 1861.--Mr. Lincoln's +Inaugural.--The Marvelous Change or Suppression of Conservative +Sentiment.--Historic Precedents. + + +CHAPTER X. + +Temper of the Southern People indicated by the Action of the Confederate +Congress.--The Permanent Constitution.--Modeled after the Federal +Constitution.--Variations and Special Provisions.--Provisions with +Regard to Slavery and the Slave-Trade.--A False Assertion +refuted.--Excellence of the Constitution.--Admissions of Hostile or +Impartial Criticism. + + +CHAPTER XI. + +The Commission to Washington City.--Arrival of Mr. Crawford.--Mr. +Buchanan's Alarm.--Note of the Commissioners to the New +Administration.--Mediation of Justices Nelson and Campbell.--The +Difficulty about Forts Sumter and Pickens.--Mr. Secretary Seward's +Assurances.--Duplicity of the Government at Washington.--Mr. Fox's Visit +to Charleston.--Secret Preparations for Coercive Measures.--Visit of Mr. +Lamon.--Renewed Assurances of Good Faith.--Notification to Governor +Pickens.--Developments of Secret History.--Systematic and Complicated +Perfidy exposed. + + +CHAPTER XII. + +Protests against the Conduct of the Government of the United +States.--Senator Douglas's Proposition to evacuate the Forts, and +Extracts from his Speech in Support of it.--General Scott's +Advice.--Manly Letter of Major Anderson, protesting against the Action +of the Federal Government.--Misstatements of the Count of +Paris.--Correspondence relative to Proposed Evacuation of the Fort.--A +Crisis. + + +CHAPTER XIII. + +A Pause and a Review.--Attitude of the Two Parties.--Sophistry exposed +and Shams torn away.--Forbearance of the Confederate Government.--Who +was the Aggressor?--Major Anderson's View, and that of a Naval +Officer.--Mr. Horace Greeley on the Fort Sumter Case.--The Bombardment +and Surrender.--Gallant Action of ex-Senator Wigfall.--Mr. Lincoln's +Statement of the Case. + + +PART IV. + +_THE WAR._ + +CHAPTER I. + +Failure of the Peace Congress.--Treatment of the Commissioners.--Their +Withdrawal.--Notice of an Armed Expedition.--Action of the Confederate +Government.--Bombardment and Surrender of Fort Sumter.--Its Reduction +required by the Exigency of the Case.--Disguise thrown off.--President +Lincoln's Call for Seventy-five Thousand Men.--His Fiction of +"Combinations."--Palpable Violation of the Constitution.--Action of +Virginia.--Of Citizens of Baltimore.--The Charge of Precipitation +against South Carolina.--Action of the Confederate Government.--The +Universal Feeling. + + +CHAPTER II. + +The Supply of Arms; of Men.--Love of the Union.--Secessionists +few.--Efforts to prevent the Final Step.--Views of the People.--Effect +on their Agriculture.--Aid from African Servitude.--Answer to the +Clamors on the Horrors of Slavery.--Appointment of a Commissary- +General.--His Character and Capacity.--Organization, Instruction, +and Equipment of the Army.--Action of Congress.--The Law.--Its +Signification.--The Hope of a Peaceful Solution early entertained; +rapidly diminished.--Further Action of Congress.--Policy of the +Government for Peace.--Position of Officers of United States +Army.--The Army of the States, not of the Government.--The Confederate +Law observed by the Government.--Officers retiring from United States +Army.--Organization of Bureaus. + + +CHAPTER III. + +Commissioners to purchase Arms and Ammunition.--My Letter to Captain +Semmes.--Resignations of Officers of United States Navy.--Our +Destitution of Accessories for the Supply of Naval Vessels.--Secretary +Mallory.--Food-Supplies.--The Commissariat Department.--The +Quartermaster's Department.--The Disappearance of Delusions.--The Supply +of Powder.--Saltpeter.--Sulphur.--Artificial Niter-Beds.--Services of +General G. W. Rains.--Destruction at Harper's Ferry of Machinery.--The +Master Armorer.--Machinery secured.--Want of Skillful Employees.-- +Difficulties encountered by Every Department of the Executive Branch +of the Government. + + +CHAPTER IV. + +The Proclamation for Seventy-five Thousand Men by President Lincoln +further examined.--The Reasons presented by him to Mankind for the +Justification of his Conduct shown to be Mere Fictions, having no +Relation to the Question.--What is the Value of Constitutional Liberty, +of Bills of Rights, of Limitations of Powers, if they may be +transgressed at Pleasure?--Secession of South Carolina.--Proclamation of +Blockade.--Session of Congress at Montgomery.--Extracts from the +President's Message.--Acts of Congress.--Spirit of the People.-- +Secession of Border States.--Destruction of United States Property by +Order of President Lincoln. + + +CHAPTER V. + +Maryland first approached by Northern Invasion.--Denies to United States +Troops the Right of Way across her Domain.--Mission of Judge +Handy.--Views of Governor Hicks.--His Proclamation.--Arrival of +Massachusetts Troops at Baltimore.--Passage through the City +disputed.--Activity of the Police.--Burning of Bridges.--Letter of +President Lincoln to the Governor.--Visited by Citizens.--Action of the +State Legislature.--Occupation of the Relay House.--The City Arms +surrendered.--City in Possession of United States Troops.--Remonstrances +of the City to the Passage of Troops disregarded.--Citizens arrested; +also, Members of the Legislature.--Accumulation of Northern Forces at +Washington.--Invasion of West Virginia by a Force under +McClellan.--Attack at Philippi; at Laurel Hill.--Death of General +Garnett. + + +CHAPTER VI. + +Removal of the Seat of Government to Richmond.--Message to Congress at +Richmond.--Confederate Forces in Virginia.--Forces of the Enemy.--Letter +to General Johnston.--Combat at Bethel Church.--Affair at +Romney.--Movements of McDowell.--Battle of Manassas. + + +CHAPTER VII. + +Conference with the Generals after the Battle.--Order to pursue the +Enemy.--Evidences of a Thorough Rout.--"Sweet to die for such a +Cause."--Movements of the Next Day.--What more it was practicable to +do.--Charge against the President of preventing the Capture of +Washington.--The Failure to pursue.--Reflection on the President.-- +General Beauregard's Report.--Endorsement upon it.--Strength +of the Opposing Forces.--Extracts relating to the Battle, from the +Narrative of General Early.--Resolutions of Congress.--Efforts to +increase the Efficiency of the Army. + + +CHAPTER VIII. + +The Kentucky Resolutions of 1798-'99.--Their Influence on Political +Affairs.--Kentucky declares for Neutrality.--Correspondence of Governor +Magoffin with the President of the United States and the President of +the Confederate States.--Occupation of Columbus, Kentucky, by +Major-General Polk.--His Correspondence with the Kentucky +Commissioners.--President Lincoln's View of Neutrality.--Acts of the +United States Government.--Refugees.--Their Motives of Expatriation.-- +Address of ex-Vice-President Breckinridge to the People of the +State.--The Occupation of Columbus secured.--The Purpose of the +United States Government.--Battle of Belmont.--Albert Sidney Johnston +commands the Department.--State of Affairs.--Line of Defense.-Efforts to +obtain Arms; also Troops. + + +CHAPTER IX. + +The Coercion of Missouri.--Answers of the Governors of States to +President Lincoln's Requisition for Troops.--Restoration of Forts +Caswell and Johnson to the United States Government.--Condition of +Missouri similar to that of Kentucky.--Hostilities, how initiated in +Missouri.--Agreement between Generals Price and Harney.--Its Favorable +Effects.--General Harney relieved of Command by the United States +Government because of his Pacific Policy.--Removal of Public Arms from +Missouri.--Searches for and Seizure of Arms.--Missouri on the Side of +Peace.--Address of General Price to the People.--Proclamation of +Governor Jackson.--Humiliating Concessions of the Governor to the United +States Government, for the sake of Peace.--Demands of the Federal +Officers.--Revolutionary Principles attempted to be enforced by the +United States Government.--The Action at Booneville.--The Patriot Army +of Militia.--Further Rout of the Enemy.--Heroism and Self-sacrifice of +the People.--Complaints and Embarrassments--Zeal: its effects.--Action +of Congress.--Battle of Springfield.--General Price.--Battle at +Lexington.--Bales of Hemp.--Other Combats. + + +CHAPTER X. + +Brigadier-General Henry A. Wise takes command in Western Virginia.--His +Movements.--Advance of General John B. Floyd.--Defeats the +Enemy.--Attacked by Rosecrans.--Controversy between Wise and +Floyd.--General R. E. Lee takes the Command in West Virginia.--Movement +on Cheat Mountain.--Its Failure.--Further Operations.--Winter +Quarters.--Lee sent to South Carolina. + + +CHAPTER XI. + +The Issue.--The American Idea of Government.--Who was responsible for +the War?--Situation of Virginia.--Concentration of the Enemy against +Richmond.--Our Difficulty.--Unjust Criticisms.--The Facts set +forth.--Organization of the Army.--Conference at Fairfax +Court-House.--Inaction of the Army.--Capture of Romney.--Troops ordered +to retire to the Valley.--Discipline.--General Johnston regards his +Position as unsafe.--The First Policy.--Retreat of General +Johnston.--The Plans of the Enemy.--Our Strength magnified by the +Enemy.--Stores destroyed.--The Trent Affair. + + +CHAPTER XII. + +Supply of Arms at the Beginning of the War; of Powder; of Batteries; of +other Articles.--Contents of Arsenals.--Other Stores, Mills, etc.--First +Efforts to obtain Powder, Niter, and Sulphur.--Construction of Mills +commenced.--Efforts to supply Arms, Machinery, Field-Artillery, +Ammunition, Equipment, and Saltpeter.--Results in 1862.--Government +Powder-Mills; how organized.--Success.--Efforts to obtain +Lead.--Smelting-Works.--Troops, how armed.--Winter of 1862.--Supplies.-- +Niter and Mining Bureau.--Equipment of First Armies.--Receipts by +Blockade-Runners.--Arsenal at Richmond.--Armories at Richmond and +Fayetteville.--A Central Laboratory built at Macon.--Statement of +General Gorgas.--Northern Charge against General Floyd answered.-- +Charge of Slowness against the President answered.--Quantities of +Arms purchased that could not be shipped in 1861.--Letter of Mr. Huse. + + +CHAPTER XIII. + +Extracts from my Inaugural.--Our Financial System: Receipts and +Expenditures of the First Year.--Resources, Loans, and Taxes.--Loans +authorized.--Notes and Bonds.--Funding Notes.--Treasury Notes guaranteed +by the States.--Measure to reduce the Currency.--Operation of the +General System.--Currency fundable.--Taxation.--Popular +Aversion.--Compulsory Reduction of the Currency.--Tax Law.--Successful +Result.--Financial Condition of the Government at its Close.--Sources +whence Revenue was derived.--Total Public Debt.--System of Direct Taxes +and Revenue.--The Tariff.--War-Tax of Fifty Cents on a Hundred +Dollars.--Property subject to it.--Every Resource of the Country to be +reached.--Tax paid by the States mostly.--Obstacle to the taking of the +Census.--The Foreign Debt.--Terms of the Contract.--Premium.--False +charge against me of Repudiation.--Facts stated. + + +CHAPTER XIV. + +Military Laws and Measures.--Agricultural Products +diminished.--Manufactures flourishing.--The Call for Volunteers.--The +Term of Three Years.--Improved Discipline.--The Law assailed.--Important +Constitutional Question raised.--Its Discussion at Length.--Power of the +Government over its own Armies and the Militia.--Object of +Confederations.--The War-Powers granted.--Two Modes of raising Armies in +the Confederate States.--Is the Law necessary and proper?--Congress is +the Judge under the Grant of Specific Power.--What is meant by +Militia.--Whole Military Strength divided into Two Classes.--Powers of +Congress.--Objections answered.--Good Effects of the Law.--The +Limitations enlarged.--Results of the Operations of these Laws.--Act for +the Employment of Slaves.--Message to Congress.--"Died of a +Theory."--Act to use Slaves as Soldiers passed.--Not Time to put it in +Operation. + + +APPENDIXES. + +[Transcriber's Note: There is no Appendix A.] + + +APPENDIX B. + +Speech of the Author on the Oregon Question + + +APPENDIX C. + +Extracts from Speeches of the Author on the Resolutions of Compromise +proposed by Mr. Clay + +On the Reception of a Memorial from Inhabitants of Pennsylvania and +Delaware, praying that Congress would adopt Measures for an Immediate +and Peaceful Dissolution of the Union + +On the Resolutions of Mr. Clay relative to Slavery in the Territories + + +APPENDIX D. + +Speech of the Author on the Message of the President of the United +States, transmitting to Congress the "Lecompton Constitution" of Kansas + + +APPENDIX E. + +Address of the Author to Citizens of Portland, Maine + +Address of the Author at a Public Meeting in Faneuil Hall, Boston; with +the Introductory Remarks by Caleb Cushing + + +APPENDIX F. + +Speech of the Author in the Senate, on the Resolutions relative to the +Relations of the States, the Federal Government, and the Territories + + +APPENDIX G. + +Correspondence between the Commissioners of South Carolina and the +President of the United States (Mr. Buchanan), relative to the Forts in +the Harbor of Charleston + + +APPENDIX H. + +Speech of the Author on a Motion to print the Special Message of the +President of the United States of January 9, 1861 + + +APPENDIX I. + +Correspondence and Extracts from Correspondence relative to Fort Sumter, +from the Affair of the Star of the West, January 9, 1861, to the +Withdrawal of the Envoy of South Carolina from Washington, February 8, +1861 + + +APPENDIX K. + +The Provisional Constitution of the Confederate States, adopted February +8, 1861 + +The Constitution of the United States and the Permanent Constitution of +the Confederate States, in Parallel Columns + + +APPENDIX L. + +Correspondence between the Confederate Commissioners, Mr. Secretary +Seward, and Judge Campbell + + + + +LIST OF ILLUSTRATIONS. + + +Jefferson Davis, aged Thirty-two + +J. C. Calhoun + +Briarfield, Early Residence of Mr. Davis + +The First Confederate Cabinet + +Alexander H. Stephens + +General P. G. T. Beauregard + +Members of President's Staff + +General A. S. Johnston + +General Robert E. Lee + +Battle of Manassas (Map) + + + + +INTRODUCTION. + + +A duty to my countrymen; to the memory of those who died in defense of a +cause consecrated by inheritance, as well as sustained by conviction; +and to those who, perhaps less fortunate, staked all, and lost all, save +life and honor, in its behalf, has impelled me to attempt the +vindication of their cause and conduct. For this purpose I have decided +to present an historical sketch of the events which preceded and +attended the struggle of the Southern States to maintain their existence +and their rights as sovereign communities--the creators, not the +creatures, of the General Government. + +The social problem of maintaining the just relation between +constitution, government, and people, has been found so difficult, that +human history is a record of unsuccessful efforts to establish it. A +government, to afford the needful protection and exercise proper care +for the welfare of a people, must have homogeneity in its constituents. +It is this necessity which has divided the human race into separate +nations, and finally has defeated the grandest efforts which conquerors +have made to give unlimited extent to their domain. When our fathers +dissolved their connection with Great Britain, by declaring themselves +free and independent States, they constituted thirteen separate +communities, and were careful to assert and preserve, each for itself, +its sovereignty and jurisdiction. + +At a time when the minds of men are straying far from the lessons our +fathers taught, it seems proper and well to recur to the original +principles on which the system of government they devised was founded. +The eternal truths which they announced, the rights which they declared +"_unalienable_," are the foundation-stones on which rests the +vindication of the Confederate cause. + +He must have been a careless reader of our political history who has not +observed that, whether under the style of "United Colonies" or "United +States," which was adopted after the Declaration of Independence, +whether under the articles of Confederation or the compact of Union, +there everywhere appears the distinct assertion of State sovereignty, +and nowhere the slightest suggestion of any purpose on the part of the +States to consolidate themselves into one body. Will any candid, +well-informed man assert that, at any time between 1776 and 1790, a +proposition to surrender the sovereignty of the States and merge them in +a central government would have had the least possible chance of +adoption? Can any historical fact be more demonstrable than that the +States did, both in the Confederation and in the Union, retain their +sovereignty and independence as distinct communities, voluntarily +consenting to federation, but never becoming the fractional parts of a +nation? That such opinions should find adherents in our day, may be +attributable to the natural law of aggregation; surely not to a +conscientious regard for the terms of the compact for union by the +States. + +In all free governments the constitution or organic law is supreme over +the government, and in our Federal Union this was most distinctly marked +by limitations and prohibitions against all which was beyond the +expressed grants of power to the General Government. In the foreground, +therefore, I take the position that those who resisted violations of the +compact were the true friends, and those who maintained the usurpation +of undelegated powers were the real enemies of the constitutional Union. + + + + +PART I. + +CHAPTER I. + + African Servitude.--A Retrospect.--Early Legislation with Regard + to the Slave-Trade.--The Southern States foremost in prohibiting + it.--A Common Error corrected.--The Ethical Question never at + Issue in Sectional Controversies.--The Acquisition of + Louisiana.--The Missouri Compromise.--The Balance of + Power.--Note.--The Indiana Case. + + +Inasmuch as questions growing out of the institution of negro servitude, +or connected with it, will occupy a conspicuous place in what is to +follow, it is important that the reader should have, in the very outset, +a right understanding of the true nature and character of those +questions. No subject has been more generally misunderstood or more +persistently misrepresented. The institution itself has ceased to exist +in the United States; the generation, comprising all who took part in +the controversies to which it gave rise, or for which it afforded a +pretext, is passing away; and the misconceptions which have prevailed in +our own country, and still more among foreigners remote from the field +of contention, are likely to be perpetuated in the mind of posterity, +unless corrected before they become crystallized by tacit acquiescence. + +It is well known that, at the time of the adoption of the Federal +Constitution, African servitude existed in all the States that were +parties to that compact, unless with the single exception of +Massachusetts, in which it had, perhaps, very recently ceased to exist. +The slaves, however, were numerous in the Southern, and very few in the +Northern, States. This diversity was occasioned by differences of +climate, soil, and industrial interests--not in any degree by moral +considerations, which at that period were not recognized, as an element +in the question. It was simply because negro labor was more profitable +in the South than in the North that the importation of negro slaves had +been, and continued to be, chiefly directed to the Southern ports.[1] +For the same reason slavery was abolished by the States of the Northern +section (though it existed in several of them for more than fifty years +after the adoption of the Constitution), while the importation of slaves +into the South continued to be carried on by Northern merchants and +Northern ships, without interference in the traffic from any quarter, +until it was prohibited by the spontaneous action of the Southern States +themselves. + +The Constitution expressly forbade any interference by Congress with the +slave-trade--or, to use its own language, with the "migration or +importation of such persons" as any of the States should think proper to +admit--"prior to the year 1808." During the intervening period of more +than twenty years, the matter was exclusively under the control of the +respective States. Nevertheless, every Southern State, without +exception, either had already enacted, or proceeded to enact, laws +forbidding the importation of slaves.[2] Virginia was the first of all +the States, North or South, to prohibit it, and Georgia was the first to +incorporate such a prohibition in her organic Constitution. + +Two petitions for the abolition of slavery and the slave-trade were +presented February 11 and 12, 1790, to the very first Congress convened +under the Constitution.[3] After full discussion in the House of +Representatives, it was determined, with regard to the first-mentioned +subject, "that Congress have no authority to interfere in the +emancipation of slaves, or in the treatment of them within any of the +States"; and, with regard to the other, that no authority existed to +prohibit the migration or importation of such persons as the States +might think proper to admit--"prior to the year 1808." So distinct and +final was this statement of the limitations of the authority of Congress +considered to be that, when a similar petition was presented two or +three years afterward, the Clerk of the House was instructed to return +it to the petitioner.[4] + +In 1807, Congress, availing itself of the very earliest moment at which +the constitutional restriction ceased to be operative, passed an act +prohibiting the importation of slaves into any part of the United States +from and after the first day of January, 1808. This act was passed with +great unanimity. In the House of Representatives there were one hundred +and thirteen (113) yeas to five (5) nays; and it is a significant fact, +as showing the absence of any sectional division of sentiment at that +period, that the five dissentients were divided as equally as possible +between the two sections: two of them were from Northern and three from +Southern States.[5] + +The slave-trade had thus been finally abolished some months before the +birth of the author of these pages, and has never since had legal +existence in any of the United States. The question of the maintenance +or extinction of the system of negro servitude, already existing in any +State, was one exclusively belonging to such State. It is obvious, +therefore, that no subsequent question, legitimately arising in Federal +legislation, could properly have any reference to the merits or the +policy of the institution itself. A few zealots in the North afterward +created much agitation by demands for the abolition of slavery within +the States by Federal intervention, and by their activity and +perseverance finally became a recognized party, which, holding the +balance of power between the two contending organizations in that +section, gradually obtained the control of one, and to no small degree +corrupted the other. The dominant idea, however, at least of the +absorbed party, was sectional aggrandizement, looking to absolute +control, and theirs is the responsibility for the war that resulted. + +No moral nor sentimental considerations were really involved in either +the earlier or later controversies which so long agitated and finally +ruptured the Union. They were simply struggles between different +sections, with diverse institutions and interests. + +It is absolutely requisite, in order to a right understanding of the +history of the country, to bear these truths clearly in mind. The +phraseology of the period referred to will otherwise be essentially +deceptive. The antithetical employment of such terms as _freedom_ and +_slavery_, or "anti-slavery" and "pro-slavery," with reference to the +principles and purposes of contending parties or rival sections, has had +immense influence in misleading the opinions and sympathies of the +world. The idea of freedom is captivating, that of slavery repellent to +the moral sense of mankind in general. It is easy, therefore, to +understand the effect of applying the one set of terms to one party, the +other to another, in a contest which had no just application whatever to +the essential merits of freedom or slavery. Southern statesmen may +perhaps have been too indifferent to this consideration--in their ardent +pursuit of principles, overlooking the effects of phrases. + +This is especially true with regard to that familiar but most fallacious +expression, "the extension of slavery." To the reader unfamiliar with +the subject, or viewing it only on the surface, it would perhaps never +occur that, as used in the great controversies respecting the +Territories of the United States, it does not, never did, and never +could, imply the addition of a single slave to the number already +existing. The question was merely whether the slaveholder should be +permitted to go, with his slaves, into territory (the common property of +all) into which the non-slaveholder could go with _his_ property of any +sort. There was no proposal nor desire on the part of the Southern +States to reopen the slave-trade, which they had been foremost in +suppressing, or to add to the number of slaves. It was a question of the +distribution, or dispersion, of the slaves, rather than of the +"extension of slavery." Removal is not extension. Indeed, if +emancipation was the end to be desired, the dispersion of the negroes +over a wider area among additional Territories, eventually to become +States, and in climates unfavorable to slave-labor, instead of +hindering, would have promoted this object by diminishing the +difficulties in the way of ultimate emancipation. + +The distinction here defined between the distribution, or dispersion, of +slaves and the extension of slavery--two things altogether different, +although so generally confounded--was early and clearly drawn under +circumstances and in a connection which justify a fuller notice. + +Virginia, it is well known, in the year 1784, ceded to the United +States--then united only by the original Articles of Confederation--her +vast possessions northwest of the Ohio, from which the great States of +Ohio, Indiana, Michigan, Illinois, Wisconsin, and part of Minnesota, +have since been formed. In 1787--before the adoption of the Federal +Constitution--the celebrated "Ordinance" for the government of this +Northwestern Territory was adopted by the Congress, with the full +consent, and indeed at the express instance, of Virginia. This Ordinance +included six definite "Articles of compact between the original States +and the people and States in the said Territory," which were to "for +ever remain unalterable unless by common consent." The sixth of these +articles ordains that "there shall be neither slavery nor involuntary +servitude in the said Territory, otherwise than in the punishment of +crimes whereof the party shall have been duly convicted." + +In December, 1805, a petition of the Legislative Council and House of +Representatives of the Indiana Territory--then comprising all the area +now occupied by the States of Indiana, Illinois, Michigan, and +Wisconsin--was presented to Congress. It appears from the proceedings of +the House of Representatives that several petitions of the same purport +from inhabitants of the Territory, accompanied by a letter from William +Henry Harrison, the Governor (afterward President of the United States), +had been under consideration nearly two years earlier. The prayer of +these petitions was for a _suspension_ of the sixth article of the +Ordinance, so as to permit the introduction of slaves into the +Territory. The whole subject was referred to a select committee of seven +members, consisting of representatives from Virginia, Ohio, +Pennsylvania, South Carolina, Kentucky, and New York, and the delegate +from the Indiana Territory. + +On the 14th of the ensuing February (1806), this committee made a report +favorable to the prayer of the petitioners, and recommending a +suspension of the prohibitory article for ten years. In their report the +committee, after stating their opinion that a qualified suspension of +the article in question would be beneficial to the people of the Indiana +Territory, proceeded to say: + + "The suspension of this article is an object almost universally + desired in that Territory. It appears to your committee to be a + question entirely different from that between slavery and + freedom, inasmuch as it would merely occasion the removal of + persons, already slaves, from one part of the country to + another. The good effects of this suspension, in the present + instance, would be to accelerate the population of that + Territory, hitherto retarded by the operation of that article of + compact; as slaveholders emigrating into the Western country + might then indulge any preference which they might feel for a + settlement in the Indiana Territory, instead of seeking, as they + are now compelled to do, settlements in other States or + countries permitting the introduction of slaves. The condition + of the slaves themselves would be much ameliorated by it, as it + is evident, from experience, that the more they are separated + and diffused the more care and attention are bestowed on them by + their masters, each proprietor having it in his power to + increase their comforts and conveniences in proportion to the + smallness of their numbers." + +These were the dispassionate utterances of representatives of every part +of the Union--men contemporary with the origin of the Constitution, +speaking before any sectional division had arisen in connection with the +subject. It is remarkable that the very same opinions which they express +and arguments which they adduce had, fifty years afterward, come to be +denounced and repudiated by one half of the Union as partisan and +sectional when propounded by the other half. + +No final action seems to have been taken on the subject before the +adjournment of Congress, but it was brought forward at the next session +in a more imposing form. On the 20th of January, 1807, the Speaker laid +before the House of Representatives a letter from Governor Harrison, +inclosing certain resolutions formally and _unanimously_ adopted by the +Legislative Council and House of Representatives of the Indiana +Territory, in favor of the suspension of the sixth article of the +Ordinance and the introduction of slaves into the Territory, which they +say would "meet the approbation of at least nine tenths of the good +citizens of the same." Among the resolutions were the following: + + "_Resolved unanimously_, That the abstract question of liberty + and slavery is not considered as involved in a suspension of the + said article, inasmuch as the number of slaves in the United + States _would not be augmented_ by this measure. + + "_Resolved unanimously_, That the suspension of the said article + would be equally advantageous to the Territory, to the States + from whence the negroes would be brought, and to the negroes + themselves.... + + "The States which are overburdened with negroes would be + benefited by their citizens having an opportunity of disposing + of the negroes which they can not comfortably support, or of + removing with them to a country abounding with all the + necessaries of life; and the negro himself would exchange a + scanty pittance of the coarsest food for a plentiful and + nourishing diet, and a situation which admits not the most + distant prospect of emancipation for one which presents no + considerable obstacle to his wishes." + +These resolutions were submitted to a committee drawn, like the former, +from different sections of the country, which again reported favorably, +reiterating in substance the reasons given by the former committee. +Their report was sustained by the House, and a resolution to suspend the +prohibitory article was adopted. The proposition failed, however, in the +Senate, and there the matter seems to have been dropped. The proceedings +constitute a significant and instructive episode in the political +history of the country. + +The allusion which has been made to the Ordinance of 1787, renders it +proper to notice, very briefly, the argument put forward during the +discussion of the Missouri question, and often repeated since, that the +Ordinance afforded a precedent in support of the claim of a power in +Congress to determine the question of the admission of slaves into the +Territories, and in justification of the prohibitory clause applied in +1820 to a portion of the Louisiana Territory. + +The difference between the Congress of the Confederation and that of the +Federal Constitution is so broad that the action of the former can, in +no just sense, be taken as a precedent for the latter. The Congress of +the Confederation represented the States in their sovereignty, each +delegation having one vote, so that all the States were of equal weight +in the decision of any question. It had legislative, executive, and in +some degree judicial powers, thus combining all departments of +government in itself. During its recess a committee known as the +Committee of the States exercised the powers of the Congress, which was +in spirit, if not in fact, an assemblage of the States. + +On the other hand, the Congress of the Constitution is only the +legislative department of the General Government, with powers strictly +defined and expressly limited to those delegated by the States. It is +further held in check by an executive and a judiciary, and consists of +two branches, each having peculiar and specified functions. + +If, then, it be admitted--which is at least very questionable--that the +Congress of the Confederation had rightfully the power to exclude slave +property from the territory northwest of the Ohio River, that power must +have been derived from its character as an assemblage of the sovereign +States; not from the Articles of Confederation, in which no indication +of the grant of authority to exercise such a function can be found. The +Congress of the Constitution is expressly prohibited from the assumption +of any power not distinctly and specifically delegated to it as the +legislative branch of an organized government. What was questionable in +the former case, therefore, becomes clearly inadmissible in the latter. + +But there is yet another material distinction to be observed. The +States, owners of what was called the Northwestern Territory, were +component members of the Congress which adopted the Ordinance for its +government, and gave thereto their full and free consent. The Ordinance +may, therefore, be regarded as virtually a treaty between the States +which ceded and those which received that extensive domain. In the other +case, Missouri and the whole region affected by the Missouri Compromise, +were parts of the territory acquired from France under the name of +Louisiana; and, as it requires two parties to make or amend a treaty, +France and the Government of the United States should have cooeperated in +any amendment of the treaty by which Louisiana had been acquired, and +which guaranteed to the inhabitants of the ceded territory "all the +rights, advantages, and immunities of citizens of the United States," +and "the free enjoyment of their liberty, property, and the religion +they profess."--("State Papers," vol. ii, "Foreign Relations," p. 507.) + +For all the reasons thus stated, it seems to me conclusive that the +action of the Congress of the Confederation in 1787 could not constitute +a precedent to justify the action of the Congress of the United States +in 1820, and that the prohibitory clause of the Missouri Compromise was +without constitutional authority, in violation of the rights of a part +of the joint owners of the territory, and in disregard of the +obligations of the treaty with France. + +The basis of sectional controversy was the question of the balance of +political power. In its earlier manifestations this was undisguised. The +purchase of the Louisiana Territory from France in 1803, and the +subsequent admission of a portion of that Territory into the Union as a +State, afforded one of the earliest occasions for the manifestation of +sectional jealousy, and gave rise to the first threats, or warnings +(which proceeded from New England), of a dissolution of the Union. Yet, +although negro slavery existed in Louisiana, no pretext was made of that +as an objection to the acquisition. The ground of opposition is frankly +stated in a letter of that period from one Massachusetts statesman to +another--"that the influence of _our_ part of the Union must be +diminished by the acquisition of more weight at the other extremity."[6] + +Some years afterward (in 1819-'20) occurred the memorable contest with +regard to the admission into the Union of Missouri, the second State +carved out of the Louisiana Territory. The controversy arose out of a +proposition to attach to the admission of the new State a proviso +prohibiting slavery or involuntary servitude therein. The vehement +discussion that ensued was continued into the first session of a +different Congress from that in which it originated, and agitated the +whole country during the interval between the two. It was the first +question that ever seriously threatened the stability of the Union, and +the first in which the sentiment of opposition to slavery in the +abstract was introduced as an adjunct of sectional controversy. It was +clearly shown in debate that such considerations were altogether +irrelevant; that the number of existing slaves would not be affected by +their removal from the older States to Missouri; and, moreover, that the +proposed restriction would be contrary to the spirit, if not to the +letter, of the Constitution.[7] Notwithstanding all this, the +restriction was adopted, by a vote almost strictly sectional, in the +House of Representatives. It failed in the Senate through the firm +resistance of the Southern, aided by a few patriotic and conservative +Northern, members of that body. The admission of the new State, without +any restriction, was finally accomplished by the addition to the bill of +a section for ever prohibiting slavery in all that portion of the +Louisiana Territory lying north of thirty-six degrees and thirty +minutes, north latitude, except Missouri--by implication leaving the +portion south of that line open to settlement either with or without +slaves. + +This provision, as an offset to the admission of the new State without +restriction, constituted the celebrated Missouri Compromise. It was +reluctantly accepted by a small majority of the Southern members. Nearly +half of them voted against it, under the conviction that it was +unauthorized by the Constitution, and that Missouri was entitled to +determine the question for herself, as a matter of right, not of bargain +or concession. Among those who thus thought and voted were some of the +wisest statesmen and purest patriots of that period.[8] + +This brief retrospect may have sufficed to show that the question of the +right or wrong of the institution of slavery was in no wise involved in +the earlier sectional controversies. Nor was it otherwise in those of a +later period, in which it was the lot of the author of these memoirs to +bear a part. They were essentially struggles for sectional equality or +ascendancy--for the maintenance or the destruction of that balance of +power or equipoise between North and South, which was early recognized +as a cardinal principle in our Federal system. It does not follow that +both parties to this contest were wholly right or wholly wrong in their +claims. The determination of the question of right or wrong must be left +to the candid inquirer after examination of the evidence. The object of +these preliminary investigations has been to clear the subject of the +obscurity produced by irrelevant issues and the glamour of ethical +illusions. + + +[Footnote 1: It will be remembered that, during her colonial condition, +Virginia made strenuous efforts to prevent the importation of Africans, +and was overruled by the Crown; also, that Georgia, under Oglethorpe, +did prohibit the introduction of African slaves until 1752, when the +proprietors surrendered the charter, and the colony became a part of the +royal government, and enjoyed the same privileges as the other +colonies.] + +[Footnote 2: South Carolina subsequently (in 1803) repealed her law +forbidding the importation of slaves. The reason assigned for this +action was the impossibility of enforcing the law without the aid of the +Federal Government, to which entire control of the revenues, revenue +police, and naval forces of the country had been surrendered by the +States. "The geographical situation of our country," said Mr. Lowndes, +of South Carolina, in the House of Representatives on February 14, 1804, +"is not unknown. With navigable rivers running into the heart of it, it +was impossible, with our means, to prevent our Eastern brethren ... +engaged in this trade, from introducing them [the negroes] into the +country. The law was completely evaded.... Under these circumstances, +sir, it appears to me to have been the duty of the Legislature to repeal +the law, and remove from the eyes of the people the spectacle of its +authority being daily violated." + +The effect of the repeal was to permit the importation of negroes into +South Carolina during the interval from 1803 to 1808. It in probable +that an extensive _contraband_ trade was carried on by the New England +slavers with other ports, on account of the lack of means to enforce the +laws of the Southern States forbidding it.] + +[Footnote 3: One from the Society of Friends assembled at Philadelphia +and New York, the other from the Pennsylvania society of various +religious denominations combined for the abolition of slavery. + +For report of the debate, see Benton's "Abridgment," vol. i, pp. +201-207, _et seq._] + +[Footnote 4: See Benton's "Abridgment," vol. i, p. 397.] + +[Footnote 5: One was from New Hampshire, one from Vermont, two from +Virginia, and one from South Carolina.--(Benton's "Abridgment," vol. +iii, p. 519.) + +No division on the final vote in the Senate.] + +[Footnote 6: Cabot to Pickering, who was then Senator from +Massachusetts.--(See "Life and Letters of George Cabot," by H. C. Lodge, +p. 334.)] + +[Footnote 7: The true issue was well stated by the Hon. Samuel A. Foot, +a representative from Connecticut, in an incidental reference to it in +debate on another subject, a few weeks after the final settlement of the +Missouri case. He said: "The Missouri question did not involve the +question of freedom or slavery, but merely _whether slaves now in the +country might be permitted to reside in the proposed new State; and +whether Congress or Missouri possessed the power to decide_."] + +[Footnote 8: The votes on the proposed _restriction_, which eventually +failed of adoption, and on the _compromise_, which was finally adopted, +are often confounded. The advocacy of the former measure was exclusively +sectional, no Southern member voting for it in either House. On the +adoption of the compromise line of thirty-six degrees and thirty +minutes, the vote in the Senate was 34 yeas to 10 nays. The Senate +consisted of forty-four members from twenty-two States, equally divided +between the two sections--Delaware being classed as a Southern State. +Among the yeas were all the Northern votes, except two from +Indiana--being 20--and 14 Southern. The nays consisted of 2 from the +North, and 8 from the South. + +In the House of Representatives, the vote was 134 yeas to 42 nays. Of +the yeas, 95 were Northern, 39 Southern; of the nays, 5 Northern, and 37 +Southern. + +Among the nays in the Senate were Messrs. James Barbour and James +Pleasants, of Virginia; Nathaniel Macon, of North Carolina; John +Gaillard and William Smith, of South Carolina. In the House, Philip P. +Barbour, John Randolph, John Tyler, and William S. Archer, of Virginia; +Charles Pinckney, of South Carolina (one of the authors of the +Constitution); Thomas W. Cobb, of Georgia; and others of more or less +note. + +(See speech of the Hon. D. L. Yulee, of Florida, in the United States +Senate, on the admission of California, August 6, 1850, for a careful +and correct account of the compromise. That given in the second chapter +of Benton's "Thirty Years' View" is singularly inaccurate; that of +Horace Greeley, in his "American Conflict," still more so.)] + + + + +CHAPTER II. + + The Session of 1849-'50.--The Compromise Measures.--Virtual + Abrogation of the Missouri Compromise.--The Admission of + California.--The Fugitive Slave Law.--Death of Mr. + Calhoun.--Anecdote of Mr. Clay. + + +The first session of the Thirty-first Congress (1849-'50) was a +memorable one. The recent acquisition from Mexico of New Mexico and +California required legislation by Congress. In the Senate the bills +reported by the Committee on Territories were referred to a select +committee, of which Mr. Clay, the distinguished Senator from Kentucky, +was chairman. From this committee emanated the bills which, taken +together, are known as the compromise measures of 1850. + +With some others, I advocated the division of the newly acquired +territory by an extension to the Pacific Ocean of the Missouri +Compromise line of thirty-six degrees and thirty minutes north latitude. +This was not because of any inherent merit or fitness in that line, but +because it had been accepted by the country as a settlement of the +sectional question which, thirty years before, had threatened a rupture +of the Union, and it had acquired in the public mind a prescriptive +respect which it seemed unwise to disregard. A majority, however, +decided otherwise, and the line of political conciliation was then +obliterated, as far as it lay in the power of Congress to do so. An +analysis of the vote will show that this result was effected almost +exclusively by the representatives of the North, and that the South was +not responsible for an action which proved to be the opening of +Pandora's box.[9] + +However objectionable it may have been in 1820 to adopt that political +line as expressing a geographical definition of different sectional +interests, and however it may be condemned as the assumption by Congress +of a function not delegated to it, it is to be remembered that the act +had received such recognition and _quasi_-ratification by the people of +the States as to give it a value which it did not originally possess. +Pacification had been the fruit borne by the tree, and it should not +have been recklessly hewed down and cast into the fire. The frequent +assertion then made was that all discrimination was unjust, and that the +popular will should be left untrammeled in the formation of new States. +This theory was good enough in itself, and as an abstract proposition +could not be gainsaid; but its practical operation has but poorly +sustained the expectations of its advocates, as will be seen when we +come to consider the events that occurred a few years later in Kansas +and elsewhere. Retrospectively viewed under the mellowing light of time, +and with the calm consideration we can usually give to the irremediable +past, the compromise legislation of 1850 bears the impress of that +sectional spirit so widely at variance with the general purposes of the +Union, and so destructive of the harmony and mutual benefit which the +Constitution was intended to secure. + +The refusal to divide the territory acquired from Mexico by an extension +of the line of the Missouri Compromise to the Pacific was a consequence +of the purpose to admit California as a State of the Union before it had +acquired the requisite population, and while it was mainly under the +control of a military organization sent from New York during the war +with Mexico and disbanded in California upon the restoration of peace. +The inconsistency of the argument against the extension of the line was +exhibited in the division of the Territory of Texas by that parallel, +and payment to the State of money to secure her consent to the partition +of her domain. In the case of Texas, the North had everything to gain +and nothing to lose by the application of the practice of geographical +compromise on an arbitrary line. In the case of California, the +conditions were reversed; the South might have been the gainer and the +North the loser by a recognition of the same rule. + +The compensation which it was alleged that the South received was a more +effective law for the rendition of fugitives from service or labor. But +it is to be remarked that this law provided for the execution by the +General Government of obligations which had been imposed by the Federal +compact upon the several States of the Union. The benefit to be derived +from a fulfillment of that law would be small in comparison with the +evil to result from the plausible pretext that the States had thus been +relieved from a duty which they had assumed in the adoption of the +compact of union. Whatever tended to lead the people of any of the +States to feel that they could be relieved from their constitutional +obligations by transferring them to the General Government, or that they +might thus or otherwise evade or resist them, could not fail to be like +the tares which the enemy sowed amid the wheat. The union of States, +formed to secure the permanent welfare of posterity and to promote +harmony among the constituent States, could not, without changing its +character, survive such alienation as rendered its parts hostile to the +security, prosperity, and happiness of one another. + +It was reasonably argued that, as the Legislatures of fourteen of the +States had enacted what were termed "personal liberty laws," which +forbade the cooeperation of State officials in the rendition of fugitives +from service and labor, it became necessary that the General Government +should provide the requisite machinery for the execution of the law. The +result proved what might have been anticipated--that those communities +which had repudiated their constitutional obligations, which had +nullified a previous law of Congress for the execution of a provision of +the Constitution, and had murdered men who came peacefully to recover +their property, would evade or obstruct, so as to render practically +worthless, _any_ law that could be enacted for that purpose. In the +exceptional cases in which it might be executed, the event would be +attended with such conflict between the State and Federal authorities as +to produce consequent evils greater than those it was intended to +correct. + +It was during the progress of these memorable controversies that the +South lost its most trusted leader, and the Senate its greatest and +purest statesman. He was taken from us-- + + "Like a summer-dried fountain, + When our need was the sorest;"-- + +when his intellectual power, his administrative talent, his love of +peace, and his devotion to the Constitution, might have averted +collision; or, failing in that, he might have been to the South the +Palinurus to steer the bark in safety over the perilous sea. Truly did +Mr. Webster--his personal friend, although his greatest political +rival--say of him in his obituary address, "There was nothing groveling, +or low, or meanly selfish, that came near the head or the heart of Mr. +Calhoun." His prophetic warnings speak from the grave with the wisdom of +inspiration. Would that they could have been appreciated by his +countrymen while he yet lived! + + Note.--While the compromise measures of 1850 were pending, and + the excitement concerning them was at its highest, I one day + overtook Mr. Clay, of Kentucky, and Mr. Berrien, of Georgia, in + the Capitol grounds. They were in earnest conversation. It was + the 7th of March--the day on which Mr. Webster had delivered his + great speech. Mr. Clay, addressing me in the friendly manner + which he had always employed since I was a schoolboy in + Lexington, asked me what I thought of the speech. I liked it + better than he did. He then suggested that I should "join the + compromise men," saying that it was a measure which he thought + would probably give peace to the country for thirty years--the + period that had elapsed since the adoption of the compromise of + 1820. Then, turning to Mr. Berrien, he said, "You and I will be + under ground before that time, but our young friend here may + have trouble to meet." I somewhat impatiently declared my + unwillingness to transfer to posterity a trial which they would + be relatively less able to meet than we were, and passed on my + way. + + +[Footnote 9: The vote in the Senate on the proposition to continue the +line of the Missouri Compromise through the newly acquired territory to +the Pacific was twenty-four yeas, to thirty-two nays. Reckoning Delaware +and Missouri as Southern States, the vote of the two sections was +exactly equal. The yeas were _all_ cast by Southern Senators; the nays +were all Northern, except two from Delaware, one from Missouri, and one +from Kentucky.] + + + + +CHAPTER III. + + Reelection to the Senate.--Political Controversies in + Mississippi.--Action of the Democratic State Convention.--Defeat + of the State-Rights Party.--Withdrawal of General Quitman and + Nomination of the Author as Candidate for the Office of + Governor.--The Canvass and its Result.--Retirement to Private + Life. + + +I had been reelected by the Legislature of Mississippi as my own +successor, and entered upon a new term of service in the Senate on March +4, 1851. + +On my return to Mississippi in 1851, the subject chiefly agitating the +public mind was that of the "compromise" measures of the previous year. +Consequent upon these was a proposition for a convention of delegates, +from the people of the Southern States respectively, to consider what +steps ought to be taken for their future peace and safety, and the +preservation of their constitutional rights. There was diversity of +opinion with regard to the merits of the measures referred to, but the +disagreement no longer followed the usual lines of party division. They +who saw in those measures the forerunner of disaster to the South had no +settled policy beyond a convention, the object of which should be to +devise new and more effectual guarantees against the perils of +usurpation. They were unjustly charged with a desire to destroy the +Union--a feeling entertained by few, very few, if by any, in +Mississippi, and avowed by none. + +There were many, however, who held that the principles of the +Declaration of Independence, and the purposes for which the Union was +formed, were of higher value than the mere Union itself. Independence +existed before the compact of union between the States; and, if that +compact should be broken in part, and therefore destroyed in whole, it +was hoped that the liberties of the people in the States might still be +preserved. Those who were most devoted to the Union of the Constitution +might, consequently, be expected to resist most sternly any usurpation +of undelegated power, the effect of which would be to warp the Federal +Government from its proper character, and, by sapping the foundation, to +destroy the Union of the States. + +My recent reelection to the United States Senate had conferred upon me +for six years longer the office which I preferred to all others. I could +not, therefore, be suspected of desiring a nomination for any other +office from the Democratic Convention, the meeting of which was then +drawing near. Having, as a Senator of the State, freely participated in +debate on the measures which were now exciting so much interest in the +public mind, it was very proper that I should visit the people in +different parts of the State and render an account of my stewardship. + +My devotion to the Union of our fathers had been so often and so +publicly declared; I had, on the floor of the Senate, so defiantly +challenged any question of my fidelity to it; my services, civil and +military, had now extended through so long a period, and were so +generally known--that I felt quite assured that no whisperings of envy +or ill will could lead the people of Mississippi to believe that I had +dishonored their trust by using the power they had conferred on me to +destroy the Government to which I was accredited. Then, as afterward, I +regarded the separation of the States as a great, though not the +greatest, evil. + +I returned from my tour among the people at the time appointed for the +meeting of the nominating convention of the Democratic (or State-Rights) +party. During the previous year the Governor, General John A. Quitman, +had been compelled to resign his office to answer an indictment against +him for complicity with the "filibustering" expeditions against Cuba. +The charges were not sustained; many of the Democratic party of +Mississippi, myself included, recognized a consequent obligation to +renominate him for the office of which he had been deprived. When, +however, the delegates met in party convention, the committee appointed +to select candidates, on comparison of opinions, concluded that, in view +of the effort to fix upon the party the imputation of a purpose of +disunion, some of the antecedents of General Quitman might endanger +success. A proposition was therefore made, in the committee on +nominations, that I should be invited to become a candidate, and that, +if General Quitman would withdraw, my acceptance of the nomination and +the resignation of my place in the United States Senate, which it was +known would result, was to be followed by the appointment by the +Governor of General Quitman to the vacated place in the Senate. I +offered no objection to this arrangement, but left it to General Quitman +to decide. He claimed the nomination for the governorship, or nothing, +and was so nominated. + +To promote the success of the Democratic nominees, I engaged actively in +the canvass, and continued in the field until stricken down by disease. +This occurred just before the election of delegates to a State +Convention, for which provision had been made by the Legislature, and +the canvass for which, conducted in the main upon party lines, was in +progress simultaneously with that for the ordinary State officers. The +Democratic majority in the State when the canvass began was estimated at +eight thousand. At this election, in September, for delegates to the +State Convention, we were beaten by about seven thousand five hundred +votes. Seeing in this result the foreshadowing of almost inevitable +defeat, General Quitman withdrew from the canvass as a candidate, and +the Executive Committee of the party (empowered to fill vacancies) +called on me to take his place. My health did not permit me to leave +home at that time, and only about six weeks remained before the election +was to take place; but, being assured that I was not expected to take +any active part, and that the party asked only the use of my name, I +consented to be announced, and immediately resigned from the United +States Senate. Nevertheless, I soon afterward took the field in person, +and worked earnestly until the day of election. I was defeated, but the +majority of more than seven thousand votes, that had been cast a short +time before against the party with which I was associated, was reduced +to less than one thousand.[10] + +In this canvass, both before and after I became a candidate, no argument +or appeal of mine was directed against the perpetuation of the Union. +Believing, however, that the signs of the time portended danger to the +South from the usurpation by the General Government of undelegated +powers, I counseled that Mississippi should enter into the proposed +meeting of the people of the Southern States, to consider what could and +should be done to insure our future safety, frankly stating my +conviction that, unless such action were taken then, sectional rivalry +would engender greater evils in the future, and that, if the controversy +was postponed, "the last opportunity for a peaceful solution would be +lost, then the issue would have to be settled by blood." + + +[Footnote 10: The following letter, written in 1853 to the Hon. William +J. Brown, of Indiana, formerly a member of Congress from that State, and +subsequently published, relates to the events of this period, and +affords nearly contemporaneous evidence in confirmation of the +statements of the text: + +"Washington D.C., _May 7, 1853_. + +"My dear Sir: I received the 'Sentinel' containing your defense of me +against the fate accusation of disunionism, and, before I had returned +to you the thanks to which you are entitled, I received this day the St. +Joseph 'Valley Register,' marked by you, to call my attention to an +article in answer to your defense, which was just in all things, save +your too complimentary terms. + +"I wish I had the letter quoted from, that you might publish the whole +of that which is garbled to answer a purpose. In a part of the letter +not published, I put such a damper on the attempt to fix on me the +desire to break up our Union, and presented other points in a form so +little acceptable to the unfriendly inquirers, that the publication of +the letter had to be drawn out of them. + +"At the risk of being wearisome, but encouraged by your marked +friendship, I will give you a statement in the case. The meeting of +October, 1849, was a convention of delegates equally representing the +Whig and Democratic parties in Mississippi. The resolutions were +decisive as to equality of right in the South with the North to the +Territories acquired from Mexico, and proposed a convention of the +Southern States. I was not a member, but on invitation addressed the +Convention. The succeeding Legislature instructed me, as a Senator, to +assert this equality, and, under the existing circumstances, to resist +by all constitutional means the admission of California as a State. At a +called session of the Legislature in 1850, a self-constituted committee +called on me, by letter, for my views. They were men who had enacted or +approved the resolutions of the Convention of 1849, and instructed me, +as members of the Legislature, in regular session, in the early part of +the year 1850. To them I replied that I adhered to the policy they had +indicated and instructed me in their official character to pursue. + +"I pointed out the mode in which their policy could, in my opinion, be +executed without bloodshed or disastrous convulsion, but in terms of +bitter scorn alluded to such as would insult me with a desire to destroy +the Union, for which my whole life proved me to be a devotee. + +"Pardon the egotism, in consideration of the occasion, when I say to you +that my father and my uncles fought through the Revolution of 1776, +giving their youth, their blood, and their little patrimony to the +constitutional freedom which I claim as my inheritance. Three of my +brothers fought in the war of 1812. Two of them were comrades of the +Hero of the Hermitage, and received his commendation for gallantry at +New Orleans. At sixteen years of age I was given to the service of my +country; for twelve years of my life I have borne its arms and served +it, zealously, if not well. As I feel the infirmities, which suffering +more than age has brought upon me, it would be a bitter reflection, +indeed, if I was forced to conclude that my countrymen would hold all +this light when weighed against the empty panegyric which a time-serving +politician can bestow upon the Union, for which he never made a +sacrifice. + +"In the Senate I announced that, if any respectable man would call me a +disunionist, I would answer him in monosyllables.... But I have often +asserted the right, for which the battles of the Revolution were +fought--the right of a people to change their government whenever it was +found to be oppressive, and subversive of the objects for which +governments are instituted--and have contended for the independence and +sovereignty of the States, a part of the creed of which Jefferson was +the apostle, Madison the expounder, and Jackson the consistent defender. + +"I have written freely, and more than I designed. Accept my thanks for +your friendly advocacy. Present me in terms of kind remembrance to your +family, and believe me, very sincerely yours, + +"Jefferson Davis. + +"Note.--No party in Mississippi ever advocated disunion. They differed +as to the mode of securing their rights in the Union, and on the power +of a State to secede--neither advocating the exercise of the power. + +"J.D." +] + + + + +CHAPTER IV. + + The Author enters the Cabinet.--Administration of the War + Department.--Surveys for a Pacific Railway.--Extension of the + Capitol.--New Regiments organized.--Colonel Samuel Cooper, + Adjutant-General.--A Bit of Civil-Service Reform.--Reelection to + the Senate.--Continuity of the Pierce Cabinet.--Character of + Franklin Pierce. + + +Happy in the peaceful pursuits of a planter; busily engaged in cares for +servants, in the improvement of my land, in building, in rearing +live-stock, and the like occupations, the time passed pleasantly away +until my retirement was interrupted by an invitation to take a place in +the Cabinet of Mr. Pierce, who had been elected to the Presidency of the +United States in November, 1852. Although warmly attached to Mr. Pierce +personally, and entertaining the highest estimate of his character and +political principles, private and personal reasons led me to decline the +offer. This was followed by an invitation to attend the ceremony of his +inauguration, which took place on the 4th of March, 1853. While in +Washington, on this visit, I was induced by public considerations to +reconsider my determination and accept the office of Secretary of War. +The public records of that period will best show how the duties of that +office were performed. + +While in the Senate, I had advocated the construction of a railway to +connect the valley of the Mississippi with the Pacific coast; and, when +an appropriation was made to determine the most eligible route for that +purpose, the Secretary of War was charged with its application. We had +then but little of that minute and accurate knowledge of the interior of +the continent which was requisite for a determination of the problem. +Several different parties were therefore organized to examine the +various routes supposed to be practicable within the northern and +southern limits of the United States. The arguments which I had used as +a Senator were "the military necessity for such means of transportation, +and the need of safe and rapid communication with the Pacific slope, to +secure its continuance as a part of the Union." + +In the organization and equipment of these parties, and in the selection +of their officers, care was taken to provide for securing full and +accurate information upon every point involved in the determination of +the route. The only discrimination made was in the more prompt and +thorough equipment of the parties for the extreme northern line, and +this was only because that was supposed to be the most difficult of +execution of all the surveys. + +In like manner, my advocacy while in the Senate of an extension of the +Capitol, by the construction of a new Senate-Chamber and Hall of +Representatives, may have caused the appropriation for that object to be +put under my charge as Secretary of War. + +During my administration of the War Department, material changes were +made in the models of arms. Iron gun-carriages were introduced, and +experiments were made which led to the casting of heavy guns hollow, +instead of boring them after casting. Inquiries were made with regard to +gunpowder, which subsequently led to the use of a coarser grain for +artillery. + +During the same period the army was increased by the addition of two +regiments of infantry and two of cavalry. The officers of these +regiments were chosen partly by selection from those already in service +in the regular army and partly by appointment from civil life. In making +the selections from the army, I was continually indebted to the +assistance of that pure-minded and accurately informed officer, Colonel +Samuel Cooper, the Adjutant-General, of whom it may be proper here to +say that, although his life had been spent in the army, and he, of +course, had the likes and dislikes inseparable from men who are brought +into close contact and occasional rivalry, I never found in his official +recommendations any indication of partiality or prejudice toward any +one. + +When the first list was made out, to be submitted to the President, a +difficulty was found to exist, which had not occurred either to Colonel +Cooper or myself. This was, that the officers selected purely on their +military record did not constitute a roster conforming to that +distribution among the different States, which, for political +considerations, it was thought desirable to observe--that is to say, the +number of such officers of Southern birth was found to be +disproportionately great. Under instructions from the President, the +list was therefore revised and modified in accordance with this new +element of geographical distribution. This, as I am happy to remember, +was the only occasion in which the current of my official action, while +Secretary of War, was disturbed in any way by sectional or political +considerations. + +Under former administrations of the War Office it had not been customary +to make removals or appointments upon political grounds, except in the +case of clerkships. To this usage I not only adhered, but extended it to +include the clerkships also. The Chief Clerk, who had been removed by my +predecessor, had peculiar qualifications for the place; and, although +known to me only officially, he was restored to the position. It will +probably be conceded by all who are well informed on the subject that +his restoration was a benefit to the public service.[11] + +[The reader desirous for further information relative to the +administration of the War Department during this period may find it in +the various official reports and estimates of works of defense +prosecuted or recommended, arsenals of construction and depots of arms +maintained or suggested, and foundries employed, during the Presidency +of Mr. Pierce, 1853-'57.] + +Having been again elected by the Legislature of Mississippi as Senator +to the United States, I passed from the Cabinet of Mr. Pierce, on the +last day of his term (March 4, 1857), to take my seat in the Senate. + +The Administration of Franklin Pierce presents the only instance in our +history of the continuance of a Cabinet for four years without a single +change in its _personnel_. When it is remembered that there was much +dissimilarity if not incongruity of character among the members of that +Cabinet, some idea may be formed of the power over men possessed and +exercised by Mr. Pierce. Chivalrous, generous, amiable, true to his +friends and to his faith, frank and bold in the declaration of his +opinions, he never deceived any one. And, if treachery had ever come +near him, it would have stood abashed in the presence of his truth, his +manliness, and his confiding simplicity. + + +[Footnote 11: Soon after my entrance upon duty as secretary of War, +General Jesup, the Quartermaster-General, presented to me a list of +names from which to make selection of a clerk for his department. +Observing that he had attached certain figures to these names, I asked +whether the figures were intended to indicate the relative +qualifications, or preference in his estimation, of the several +applicants; and, upon his answer in the affirmative, without further +question, authorized him to appoint "No. 1" of his list. A day or two +afterward, certain Democratic members of Congress called on me and +politely inquired whether it was true that I had appointed a Whig to a +position in the War Office. "Certainly not," I answered. "We thought you +were not aware of it," said they, and proceeded to inform me that Mr. +----, the recent appointee to the clerkship just mentioned, was a Whig. +After listening patiently to this statement, I answered that it was they +who were deceived, not I. I had appointed a clerk. He had been appointed +neither as a Whig nor as a Democrat, but merely as the fittest candidate +for the place in the estimation of the chief of the bureau to which it +belonged. I further gave them to understand that the same principle of +selection would be followed in similar cases, so far as my authority +extended. After some further discussion of the question, the visitors +withdrew, dissatisfied with the result of the interview. + +The Quartermaster-General, on hearing of this conversation, hastened to +inform me that it was all a mistake--that the appointee to the office +had been confounded with his father, who was a well-known Whig, but that +he (the son) was a Democrat. I assured the General that this was +altogether immaterial, adding that it was "a very pretty quarrel" as it +stood, and that I had no desire to effect a settlement of it on any +inferior issue. Thenceforward, however, I was but little troubled with +any pressure for political appointments in the department.] + + + + +CHAPTER V. + + The Territorial Question.--An Incident at the White House.--The + Kansas and Nebraska Bill.--The Missouri Compromise abrogated in + 1850, not in 1854.--Origin of "Squatter Sovereignty."--Sectional + Rivalry and its Consequences.--The Emigrant Aid Societies.--"The + Bible and Sharpe's Rifles."--False Pretensions as to + Principle.--The Strife in Kansas.--A Retrospect.--The Original + Equilibrium of Power and its Overthrow.--Usurpations of the + Federal Government.--The Protective Tariff.--Origin and Progress + of Abolitionism.--Who were the Friends of the Union?--An + Illustration of Political Morality. + + +The organization of the Territory of Kansas was the first question that +gave rise to exciting debate after my return to the Senate. The +celebrated Kansas-Nebraska Bill had become a law during the +Administration of Mr. Pierce. As this occupies a large space in the +political history of the period, it is proper to state some facts +connected with it, which were not public, but were known to me and to +others yet living. + +The declaration, often repeated in 1850, that climate and the will of +the people concerned should determine their institutions when they +should form a Constitution, and as a State be admitted into the Union, +and that no legislation by Congress should be permitted to interfere +with the free exercise of that will when so expressed, was but the +announcement of the fact so firmly established in the Constitution, that +sovereignty resided alone in the States, and that Congress had only +delegated powers. It has been sometimes contended that, because the +Congress of the Confederation, by the Ordinance of 1787, prohibited +involuntary servitude in all the Northwestern Territory, the framers of +the Constitution must have recognized such power to exist in the +Congress of the United States. Hence the deduction that the prohibitory +clause of what is known as the Missouri Compromise was justified by the +precedent of the Ordinance of 1787. To make the action of the Congress +of the Confederation a precedent for the Congress of the United States +is to overlook the great distinction between the two. + +The Congress of the Confederation represented the States in their +sovereignty, and, as such representatives, had legislative, executive, +and, in some degree, judicial power confided to it. Virtually, it was an +assemblage of the States. In certain cases a majority of nine States +were required to decide a question, but there is no express limitation, +or restriction, such as is to be found in the ninth and tenth amendments +to the Constitution of the United States. The General Government of the +Union is composed of three departments, of which the Congress is the +legislative branch, and which is checked by the revisory power of the +judiciary, and the veto power of the Executive, and, above all, is +expressly limited in legislation to powers expressly delegated by the +States. If, then, it be admitted, which is certainly questionable, that +the Congress of the Confederation had power to exclude slave property +northwest of the Ohio River, that power must have been derived from its +character as representing the States in their sovereignty, for no +indication of such a power is to be found in the Articles of +Confederation. + +If it be assumed that the absence of a prohibition was equivalent to the +admission of the power in the Congress of the Confederation, the +assumption would avail nothing in the Congress under the Constitution, +where power is expressly limited to what had been delegated. More +briefly, it may be stated that the Congress of the Confederation could, +like the Legislature of a State, do what had not been prohibited; but +the Congress of the United States could only do what had been expressly +permitted. It is submitted whether this last position is not conclusive +against the possession of power by the United States Congress to +legislate slavery into or exclude it from Territories belonging to the +United States. + +This subject, which had for more than a quarter of a century been one of +angry discussion and sectional strife, was revived, and found occasion +for renewed discussion in the organization of Territorial governments +for Kansas and Nebraska. The Committees on Territories of the two Houses +agreed to report a bill in accordance with that recognized principle, +provided they could first be assured that it would receive favorable +consideration from the President. This agreement was made on Saturday, +and the ensuing Monday was the day (and the only day for two weeks) on +which, according to the order of business established by the rules of +the House of Representatives, the bill could be introduced by the +Committee of that House. + +On Sunday morning, the 22d of January, 1854, gentlemen of each Committee +called at my house, and Mr. Douglas, chairman of the Senate Committee, +fully explained the proposed bill, and stated their purpose to be, +through my aid, to obtain an interview on that day with the President, +to ascertain whether the bill would meet his approbation. The President +was known to be rigidly opposed to the reception of visits on Sunday for +the discussion of any political subject; but in this case it was urged +as necessary, in order to enable the Committee to make their report the +next day. I went with them to the Executive mansion, and, leaving them +in the reception-room, sought the President in his private apartments, +and explained to him the occasion of the visit. He thereupon met the +gentlemen, patiently listened to the reading of the bill and their +explanations of it, decided that it rested upon sound constitutional +principles, and recognized in it only a return to that rule which had +been infringed by the compromise of 1820, and the restoration of which +had been foreshadowed by the legislation of 1850. This bill was not, +therefore, as has been improperly asserted, a measure inspired by Mr. +Pierce or any of his Cabinet. Nor was it the first step taken toward the +repeal of the conditions or obligations expressed or implied by the +establishment, in 1820, of the politico-sectional line of thirty-six +degrees and thirty minutes. That compact had been virtually abrogated, +in 1850, by the refusal of the representatives of the North to apply it +to the territory then recently acquired from Mexico. In May, 1854, the +Kansas-Nebraska Bill was passed; its purpose was declared in the bill +itself to be to carry into practical operation the "propositions and +principles established by the compromise measures of 1850" The "Missouri +Compromise," therefore, was not repealed by that bill--its virtual +repeal by the legislation of 1850 was recognized as an existing fact, +and it was declared to be "inoperative and void." + +It was added that the "true intent and meaning" of the act was "not to +legislate slavery into any Territory or State, nor to exclude it +therefrom, but to leave the people thereof perfectly free to form and +regulate their domestic institutions in their own way, subject only to +the Constitution of the United States." + +From the terms of this bill, as well as from the arguments that were +used in its behalf, it is evident that its purpose was to leave the +Territories equally open to the people of all the States, with every +species of property recognized by any of them; to permit climate and +soil to determine the current of immigration, and to secure to the +people themselves the right to form their own institutions according to +their own will, as soon as they should acquire the right of +self-government; that is to say, as soon as their numbers should entitle +them to organize themselves into a State, prepared to take its place as +an equal, sovereign member of the Federal Union. The claim, afterward +advanced by Mr. Douglas and others, that this declaration was intended +to assert the right of the first settlers of a Territory, in its +inchoate, rudimental, dependent, and transitional condition, to +determine the character of its institutions, constituted the doctrine +popularly known as "squatter sovereignty." Its assertion led to the +dissensions which ultimately resulted in a rupture of the Democratic +party. + +Sectional rivalry, the deadly foe of the "domestic tranquillity" and the +"general welfare," which the compact of union was formed to insure, now +interfered, with gigantic efforts, to prevent that free migration which +had been promised, and to hinder the decision by climate and the +interests of the inhabitants of the institutions to be established by +these embryo States. Societies were formed in the North to supply money +and send emigrants into the new Territories; and a famous preacher, +addressing a body of those emigrants, charged them to carry with them to +Kansas "the Bible and Sharpe's rifles." The latter were of course to be +leveled against the bosoms of their Southern brethren who might migrate +to the same Territory, but the use to be made of the Bible in the same +fraternal enterprise was left unexplained by the reverend gentleman. + +The war-cry employed to train the Northern mind for the deeds +contemplated by the agitators was "No extension of slavery!" Was this +sentiment real or feigned? The number of slaves (as has already been +clearly shown) would not have been increased by their transportation to +new territory. It could not be augmented by further importation, for the +law of the land made that piracy. Southern men were the leading authors +of that enactment, and the public opinion of their descendants, stronger +than the law, fully sustained it. The climate of Kansas and Nebraska was +altogether unsuited to the negro, and the soil was not adapted to those +productions for which negro labor could be profitably employed. If, +then, any negroes held to service or labor, as provided in the compact +of union, had been transported to those Territories, they would have +been such as were bound by personal attachment mutually existing between +master and servant, which would have rendered it impossible for the +former to consider the latter as property convertible into money. As +white laborers, adapted to the climate and its products, flowed into the +country, negro labor would have inevitably become a tax to those who +held it, and their emancipation would have followed that condition, as +it has in all the Northern States, old or new--Wisconsin furnishing the +last example.[12] It may, therefore, be reasonably concluded that the +"war-cry" was employed by the artful to inflame the minds of the less +informed and less discerning; that it was adopted in utter disregard of +the means by which negro emancipation might have been peaceably +accomplished in the Territories, and with the sole object of obtaining +sectional control and personal promotion by means of popular agitation. + +The success attending this artifice was remarkable. To such an extent +was it made available, that Northern indignation was aroused on the +absurd accusation that the South had destroyed "that sacred instrument, +the compromise of 1820." The internecine war which raged in Kansas for +several years was substituted for the promised peace under the operation +of the natural laws regulating migration to new countries. For the +fratricide which dyed the virgin soil of Kansas with the blood of those +who should have stood shoulder to shoulder in subduing the wilderness; +for the frauds which corrupted the ballot-box and made the name of +election a misnomer--let the authors of "squatter sovereignty" and the +fomenters of sectional hatred answer to the posterity for whose peace +and happiness the fathers formed the Federal compact. + +In these scenes of strife were trained the incendiaries who afterward +invaded Virginia under the leadership of John Brown; and at this time +germinated the sentiments which led men of high position to sustain, +with their influence and their money, this murderous incursion into the +South.[13] + +Now was seen the lightning of that storm, the distant muttering of which +had been heard so long, and against which the wise and the patriotic had +given solemn warning, regarding it as the sign which portended a +dissolution of the Union. + +Diversity of interests and of opinions among the States of the +Confederation had in the beginning presented great difficulties in the +way of the formation of a more perfect union. The compact was the result +of compromise between the States, at that time generally distinguished +as navigating and agricultural, afterward as Northern and Southern. When +the first census was taken, in 1790, there was but little numerical +difference in the population of these two sections, and (including +States about to be admitted) there was also an exact equality in the +number of States. Each section had, therefore, the power of +self-protection, and might feel secure against any danger of Federal +aggression. If the disturbance of that equilibrium had been the +consequence of natural causes, and the government of the whole had +continued to be administered strictly for the general welfare, there +would have been no ground for complaint of the result. + +Under the old Confederation the Southern States had a large excess of +territory. The acquisition of Louisiana, of Florida, and of Texas, +afterward greatly increased this excess. The generosity and patriotism +of Virginia led her, before the adoption of the Constitution, to cede +the Northwest Territory to the United States. The "Missouri Compromise" +surrendered to the North all the newly acquired region not included in +the State of Missouri, and north of the parallel of thirty-six degrees +and a half. The northern part of Texas was in like manner given up by +the compromise of 1850; and the North, having obtained, by those +successive cessions, a majority in both Houses of Congress, took to +itself all the territory acquired from Mexico. Thus, by the action of +the General Government, the means were provided permanently to destroy +the original equilibrium between the sections. + +Nor was this the only injury to which the South was subjected. Under the +power of Congress to levy duties on imports, tariff laws were enacted, +not merely "to pay the debts and provide for the common defense and +general welfare of the United States," as authorized by the +Constitution, but, positively and primarily, for the protection against +foreign competition of domestic manufactures. The effect of this was to +impose the main burden of taxation upon the Southern people, who were +consumers and not manufacturers, not only by the enhanced price of +imports, but indirectly by the consequent depreciation in the value of +exports, which were chiefly the products of Southern States. The +imposition of this grievance was unaccompanied by the consolation of +knowing that the tax thus borne was to be paid into the public Treasury, +for the increase of price accrued mainly to the benefit of the +manufacturer. Nor was this all: a reference to the annual appropriations +will show that the disbursements made were as unequal as the burdens +borne--the inequality in both operating in the same direction. + +These causes all combined to direct immigration to the Northern section; +and with the increase of its preponderance appeared more and more +distinctly a tendency in the Federal Government to pervert functions +delegated to it, and to use them with sectional discrimination against +the minority. + +The resistance to the admission of Missouri as a State, in 1820, was +evidently not owing to any moral or constitutional considerations, but +merely to political motives; and the compensation exacted for granting +what was simply a right, was the exclusion of the South from equality in +the enjoyment of territory which justly belonged equally to both, and +which was what the enemies of the South stigmatized as "slave +territory," when acquired. + +The sectional policy then indicated brought to its support the passions +that spring from man's higher nature, but which, like all passions, if +misdirected and perverted, become hurtful and, it may be, destructive. +The year 1835 was marked by the public agitation for the abolition of +that African servitude which existed in the South, which antedated the +Union, and had existed in every one of the States that formed the +Confederation. By a great misconception of the powers belonging to the +General Government, and the responsibilities of citizens of the Northern +States, many of those citizens were, little by little, brought to the +conclusion that slavery was a sin for which _they_ were answerable, and +that it was the duty of the Federal Government to abate it. Though, at +the date above referred to, numerically so weak, when compared with +either of the political parties at the North, as to excite no +apprehension of their power for evil, the public demonstrations of the +Abolitionists were violently rebuked generally at the North. The party +was contemned on account of the character of its leaders, and the more +odious because chief among them was an Englishman, one Thompson, who was +supposed to be an emissary, whose mission was to prepare the way for a +dissolution of the Union. Let us hope that it was reverence for the +obligations of the Constitution as the soul of the Union that suggested +lurking danger, and rendered the supposed emissary for its destruction +so odious that he was driven from a Massachusetts hall where he +attempted to lecture. But bodies in motion will overcome bodies at rest, +and the unreflecting too often are led by captivating names far from the +principles they revere. + +Thus, by the activity of the propagandists of abolitionism, and the +misuse of the sacred word Liberty, they recruited from the ardent +worshipers of that goddess such numbers as gave them in many Northern +States the balance of power between the two great political forces that +stood arrayed against each other; then and there they came to be courted +by both of the great parties, especially by the Whigs, who had become +the weaker party of the two. Fanaticism, to which is usually accorded +sincerity as an extenuation of its mischievous tenets, affords the best +excuse to be offered for the original abolitionists, but that can not be +conceded to the political associates who joined them for the purpose of +acquiring power; with them it was but hypocritical cant, intended to +deceive. Hence arose the declaration of the existence of an +"irrepressible conflict," because of the domestic institutions of +sovereign, self-governing States--institutions over which neither the +Federal Government nor the people outside of the limits of such States +had any control, and for which they could have no moral or legal +responsibility. + +Those who are to come after us, and who will look without prejudice or +excitement at the record of events which have occurred in our day, will +not fail to wonder how men professing and proclaiming such a belief +should have so far imposed upon the credulity of the world as to be able +to arrogate to themselves the claim of being the special friends of a +Union contracted in order to insure "domestic tranquillity" among the +people of the States united; that _they_ were the advocates of peace, of +law, and of order, who, when taking an oath to support and maintain the +Constitution, did so with a mental reservation to violate one of the +provisions of that Constitution--one of the conditions of the +compact--without which the Union could never have been formed. The tone +of political morality which could make this possible was well indicated +by the toleration accorded in the Senate to the flippant, +inconsequential excuse for it given by one of its most eminent +exemplars--"Is thy servant a dog, that he should do this +thing?"--meaning thereby, not that it would be the part of a dog to +_violate_ his oath, but to _keep_ it in the matter referred to. (See +Appendix D.) + + +[Footnote 12: Extract from a speech of Mr. Davis, of Mississippi, in the +Senate of the United States, May 17, 1860: "There is a relation +belonging to this species of property, unlike that of the apprentice or +the hired man, which awakens whatever there is of kindness or of +nobility of soul in the heart of him who owns it; this can only be +alienated, obscured, or destroyed, by collecting this species of +property into such masses that the owner is not personally acquainted +with the individuals who compose it. In the relation, however, which can +exist in the Northwestern Territories, the mere domestic connection of +one, two, or at most half a dozen servants in a family, associating with +the children as they grow up, attending upon age as it declines, there +can be nothing against which either philanthropy or humanity can make an +appeal. Not even the emancipationist could raise his voice; for this is +the high-road and the open gate to the condition in which the masters +would, from interest, in a few years, desire the emancipation of every +one who may thus be taken to the northwestern frontier."] + +[Footnote 13: See "Report of Senate Committee of Inquiry into the John +Brown Raid."] + + + + +CHAPTER VI. + + Agitation continued.--Political Parties: their Origin, Changes, + and Modifications.--Some Account of the "Popular Sovereignty," + or "Non-Intervention," Theory.--Rupture of the Democratic + Party.--The John Brown Raid.--Resolutions introduced by the + Author into the Senate on the Relations of the States, the + Federal Government, and the Territories; their Discussion and + Adoption. + + +The strife in Kansas and the agitation of the territorial question in +Congress and throughout the country continued during nearly the whole of +Mr. Buchanan's Administration, finally culminating in a disruption of +the Union. Meantime the changes, or modifications, which had occurred or +were occurring in the great political parties, were such as may require +a word of explanation to the reader not already familiar with their +history. + +The _names_ adopted by political parties in the United States have not +always been strictly significant of their principles. The old Federal +party inclined to nationalism, or consolidation, rather than +federalization, of the States. On the other hand, the party originally +known as Republican, and afterward as Democratic, can scarcely claim to +have been distinctively or exclusively such in the primary sense of +these terms, inasmuch as no party has ever avowed opposition to the +general principles of government by the people. The fundamental idea of +the Democratic party was that of the sovereignty of the States and the +federal, or confederate, character of the Union. Other elements have +entered into its organization at different periods, but this has been +the vital, cardinal, and abiding principle on which its existence has +been perpetuated. The Whig, which succeeded the old Federal party, +though by no means identical with it, was, in the main, favorable to a +strong central government, therein antagonizing the transatlantic +traditions connected with its name. The "Know-Nothing," or "American," +party, which sprang into existence on the decadence of the Whig +organization, based upon opposition to the alleged overgrowth of the +political influence of naturalized foreigners and of the Roman Catholic +Church, had but a brief duration, and after the Presidential election of +1856 declined as rapidly as it had arisen. + +At the period to which this narrative has advanced, the "Free-Soil," +which had now assumed the title of "Republican" party, had grown to a +magnitude which threatened speedily to obtain entire control of the +Government. Based, as has been shown, upon sectional rivalry and +opposition to the growth of the Southern equally with the Northern +States of the Union, it had absorbed within itself not only the +abolitionists, who were avowedly agitating for the destruction of the +system of negro servitude, but other diverse and heterogeneous elements +of opposition to the Democratic party. In the Presidential election of +1856, their candidates (Fremont and Dayton) had received 114 of a total +of 296 electoral votes, representing a popular vote of 1,341,264 in a +total of 4,053,967. The elections of the ensuing year (1857) exhibited a +diminution of the so-called "Republican" strength, and the Thirty-fifth +Congress, which convened in December of that year, was decidedly +Democratic in both branches. In the course of the next two years, +however, the Kansas agitation and another cause, to be presently +noticed, had so swollen the ranks of the so-called Republicans, that, in +the House of Representatives of the Thirty-sixth Congress, which met in +December, 1859, neither party had a decided majority, the balance of +power being held by a few members still adhering to the virtually +extinct Whig and "American," or Know-Nothing, organizations, and a still +smaller number whose position was doubtful or irregular. More than eight +weeks were spent in the election of a Speaker; and a so-called +"Republican" (Mr. Pennington, of New Jersey) was finally elected by a +majority of one vote. The Senate continued to be decidedly Democratic, +though with an increase of the so-called "Republican" minority. + +The cause above alluded to, as contributing to the rapid growth of the +so-called Republican party after the elections of the year 1857, was the +dissension among the Democrats, occasioned by the introduction of the +doctrine called by its inventors and advocates "popular sovereignty," or +"non-intervention," but more generally and more accurately known as +"squatter sovereignty." Its character has already been concisely stated +in the preceding chapter. Its origin is generally attributed to General +Cass, who is supposed to have suggested it in some general expressions +of his celebrated "Nicholson letter," written in December, 1847. On the +16th and 17th of May, 1860, it became necessary for me in a debate, in +the Senate, to review that letter of Mr. Cass. From my remarks then +made, the following extract is taken: + + "The Senator [Mr. Douglas] might have remembered, if he had + chosen to recollect so unimportant a thing, that I once had to + explain to him, ten years ago, the fact that I repudiated the + doctrine of that letter at the time it was published, and that + the Democracy of Mississippi had well-nigh crucified me for the + construction which I placed upon it. There were men mean enough + to suspect that the construction I gave to the Nicholson letter + was prompted by the confidence and affection I felt for General + Taylor. At a subsequent period, however, Mr. Cass thoroughly + reviewed it. He uttered (for him) very harsh language against + all who had doubted the true construction of his letter, and he + construed it just as I had done during the canvass of 1848. It + remains only to add that I supported Mr. Cass, not because of + the doctrine of the Nicholson letter, but in despite of it; + because I believed a Democratic President, with a Democratic + Cabinet and Democratic counselors in the two Houses of Congress, + and he as honest a man as I believed Mr. Cass to be, would be a + safer reliance than his opponent, who personally possessed my + confidence as much as any man living, but who was of, and must + draw his advisers from, a party the tenets of which I believed + to be opposed to the interests of the country, as they were to + all my political convictions. + + "I little thought at that time that my advocacy of Mr. Cass upon + such grounds as these, or his support by the State of which I am + a citizen, would at any future day be quoted as an endorsement + of the opinions contained in the Nicholson letter, as those + opinions were afterward defined. But it is not only upon this + letter, but equally upon the resolutions of the Convention as + constructive of that letter, that the Senator rested his + argument. [I will here say to the Senator that, if at any time I + do him the least injustice, speaking as I do from such notes as + I could take while he progressed, I will thank him to correct + me.] + + "But this letter entered into the canvass; there was a doubt + about its construction: there were men who asserted that they + had positive authority for saying that it meant that the people + of a Territory could only exclude slavery when the Territory + should form a Constitution and be admitted as a State. This + doubt continued to hang over the construction, and it was that + doubt alone which secured Mr. Cass the vote of Mississippi. If + the true construction had been certainly known, he would have + had no chance to get it." + +Whatever meaning the generally discreet and conservative statesman, Mr. +Cass, may have intended to convey, it is not at all probable that he +foresaw the extent to which the suggestions would be carried and the +consequences that would result from it. + +In the organization of a government for California in 1850, the theory +was more distinctly advanced, but it was not until after the passage of +the Kansas-Nebraska Bill, in 1854, that it was fully developed under the +plastic and constructive genius of the Hon. Stephen A. Douglas, of +Illinois. The leading part which that distinguished Senator had borne in +the authorship and advocacy of the Kansas-Nebraska Bill, which affirmed +the right of the people of the Territories "to form and regulate their +domestic institutions in their own way, subject only to the Constitution +of the United States," had aroused against him a violent storm of +denunciation in the State which he represented and other Northern +States. He met it very manfully in some respects, defended his action +resolutely, but in so doing was led to make such concessions of +principle and to attach such an interpretation to the bill as would have +rendered it practically nugatory--a thing to keep the promise of peace +to the ear and break it to the hope. + +The Constitution expressly confers upon Congress the power to admit new +States into the Union, and also to "dispose of and make all needful +rules and regulations respecting the territory or other property +belonging to the United States." Under these grants of power, the +uniform practice of the Government had been for Congress to lay off and +divide the common territory by convenient boundaries for the formation +of future States; to provide executive, legislative, and judicial +departments of government for such Territories during their temporary +and provisional period of pupilage; to delegate to these governments +such authority as might be expedient--subject always to the supervision +and controlling government of the Congress. Finally, at the proper time, +and on the attainment by the Territory of sufficient strength and +population for self-government, to receive it into the Union on a +footing of entire equality with the original States--sovereign and +self-governing. All this is no more inconsistent with the true +principles of "popular sovereignty," properly understood, than the +temporary subjection of a minor to parental control is inconsistent with +the doctrines of the Declaration of Independence, or the exceptional +discipline of a man-of-war or a military post with the principles of +republican freedom. + +The usual process of transition from a territorial condition to that of +a State was, in the first place, by an act of Congress authorizing the +inhabitants to elect representatives for a convention to form a State +Constitution, which was then submitted to Congress for approval and +ratification. On such ratification the supervisory control of Congress +was withdrawn, and the new State authorized to assume its sovereignty, +and the inhabitants of the Territory became citizens of a State. In the +cases of Tennessee in 1796, and Arkansas and Michigan in 1836, the +failure of the inhabitants to obtain an "enabling act" of Congress, +before organizing themselves, very nearly caused the rejection of their +applications for admission as States, though they were eventually +granted on the ground that the subsequent approval and consent of +Congress could heal the prior irregularity. The entire control of +Congress over the whole subject of territorial government had never been +questioned in earlier times. Necessarily conjoined with the _power_ of +this protectorate, was of course the _duty_ of exercising it for the +safety of the persons and property of all citizens of the United States, +permanently or temporarily resident in any part of the domain belonging +to the States in common. + +Logically carried out, the new theory of "popular sovereignty" would +apply to the first adventurous pioneers settling in the wilderness +before the organization of any Territorial government by Congress, as +well as afterward. If "sovereignty" is inherent in a thousand or five +thousand persons, there can be no valid ground for denying its existence +in a dozen, as soon as they pass beyond the limits of the State +governments. The advocates of this novel doctrine, however, if rightly +understood, generally disavowed any claim to its application prior to +the organization of a territorial government. + +The Territorial Legislatures, to which Congress delegated a portion of +its power and duty to "make all needful rules and regulations respecting +the Territory," were the mere agents of Congress, exercising an +authority subject to Congressional supervision and control--an authority +conferred only for the sake of convenience, and liable at any time to be +revoked and annulled. Yet it is proposed to recognize in these +provisional, subordinate, and temporary legislative bodies, a power not +possessed by Congress itself. This is to claim that the creature is +endowed with an authority not possessed by the creator, or that the +stream has risen to an elevation above that of its source. + +Furthermore, in contending for a power in the Territorial Legislatures +permanently to determine the fundamental, social, and political +institutions of the Territory, and thereby virtually to prescribe those +of the future State, the advocates of "popular sovereignty" were +investing those dependent and subsidiary bodies with powers far above +any exercised by the Legislatures of the fully organized and sovereign +States. The authority of the State Legislatures is limited, both by the +Federal Constitution and by the respective State Constitutions from +which it is derived. This latter limitation did not and could not exist +in the Territories. + +Strange as it may seem, a theory founded on fallacies so flimsy and +leading to conclusions so paradoxical was advanced by eminent and +experienced politicians, and accepted by many persons, both in the North +and in the South--not so much, perhaps, from intelligent conviction as +under the delusive hope that it would afford a satisfactory settlement +of the "irrepressible conflict" which had been declared. The terms +"popular sovereignty" and "non-intervention" were plausible, specious, +and captivating to the public ear. Too many lost sight of the elementary +truth that political sovereignty does not reside in unorganized or +partially organized masses of individuals, but in the people of +regularly and permanently constituted States. As to the +"non-intervention" proposed, it meant merely the abnegation by Congress +of its duty to protect the inhabitants of the Territories subject to its +control. + +The raid into Virginia under John Brown--already notorious as a +fanatical partisan leader in the Kansas troubles--occurred in October, +1859, a few weeks before the meeting of the Thirty-sixth Congress. +Insignificant in itself and in its immediate results, it afforded a +startling revelation of the extent to which sectional hatred and +political fanaticism had blinded the conscience of a class of persons in +certain States of the Union; forming a party steadily growing stronger +in numbers, as well as in activity. Sympathy with its purposes or +methods was earnestly disclaimed by the representatives of all parties +in Congress; but it was charged, on the other hand, that it was only the +natural outgrowth of doctrines and sentiments which for some years had +been freely avowed on the floors of both Houses. A committee of the +Senate made a long and laborious investigation of the facts, with no +very important or satisfactory results. In their final report, June 15, +1860, accompanying the evidence obtained and submitted, this Committee +said: + + "It [the incursion] was simply the act of lawless ruffians, + under the sanction of no public or political authority, + distinguishable only from ordinary felonies by the ulterior ends + in contemplation by them, and by the fact that the money to + maintain the expedition, and the large armament they brought + with them, had been contributed and furnished by the citizens of + other States of the Union under circumstances that must continue + to jeopard the safety and peace of the Southern States, and + against which Congress has no power to legislate. + + "If the several States [adds the Committee], whether from + motives of policy or a desire to preserve the peace of the + Union, if not from fraternal feeling, do not hold it incumbent + on them, after the experience of the country, to guard in future + by appropriate legislation against occurrences similar to the + one here inquired into, the Committee can find no guarantee + elsewhere for the security of peace between the States of the + Union." + +On February 2, 1860, the author submitted, in the Senate of the United +States, a series of resolutions, afterward slightly modified to read as +follows + + "1. _Resolved_, That, in the adoption of the Federal + Constitution, the States, adopting the same, acted severally as + free and independent sovereignties, delegating a portion of + their powers to be exercised by the Federal Government for the + increased security of each against dangers, _domestic_ as well + as foreign; and that any intermeddling by any one or more + States, or by a combination of their citizens, with the domestic + institutions of the others, on any pretext whatever, political, + moral, or religious, with the view to their disturbance or + subversion, is in violation of the Constitution, insulting to + the States so interfered with, endangers their domestic peace + and tranquillity--objects for which the Constitution was + formed--and, by necessary consequence, tends to weaken and + destroy the Union itself. + + "2. _Resolved_, That negro slavery, as it exists in fifteen + States of this Union, composes an important portion of their + domestic institutions, inherited from our ancestors, and + existing at the adoption of the Constitution, by which it is + recognized as constituting an important element in the + apportionment of powers among the States, and that no change of + opinion or feeling on the part of the non-slaveholding States of + the Union in relation to this institution can justify them or + their citizens in open or covert attacks thereon, with a view to + its overthrow; and that all such attacks are in manifest + violation of the mutual and solemn pledge to protect and defend + each other, given by the States respectively, on entering into + the constitutional compact which formed the Union, and are a + manifest breach of faith and a violation of the most solemn + obligations. + + "3. _Resolved_, That the Union of these States rests on the + equality of rights and privileges among its members, and that it + is especially the duty of the Senate, which represents the + States in their sovereign capacity, to resist all attempts to + discriminate either in relation to persons or property in the + Territories, which are the common possessions of the United + States, so as to give advantages to the citizens of one State + which are not equally assured to those of every other State. + + "4. _Resolved_, That neither Congress nor a Territorial + Legislature, whether by direct legislation or legislation of an + indirect and unfriendly character, possesses power to annul or + impair the constitutional right of any citizen of the United + States to take his slave property into the common Territories, + and there hold and enjoy the same while the territorial + condition remains. + + "5. _Resolved_, That if experience should at any time prove that + the judiciary and executive authority do not possess means to + insure adequate protection to constitutional rights in a + Territory, and if the Territorial government shall fail or + refuse to provide the necessary remedies for that purpose, it + will be the duty of Congress to supply such deficiency.[14] + + "6. _Resolved_, That the inhabitants of a Territory of the + United States, when they rightfully form a Constitution to be + admitted as a State into the Union, may then, for the first + time, like the people of a State when forming a new + Constitution, decide for themselves whether slavery, as a + domestic institution, shall be maintained or prohibited within + their jurisdiction; and they shall be received into the Union + with or without slavery, as their Constitution may prescribe at + the time of their admission. + + "7. _Resolved_, That the provision of the Constitution for the + rendition of fugitives from service or labor, 'without the + adoption of which the Union could not have been formed,' and + that the laws of 1793 and 1850, which were enacted to secure its + execution, and the main features of which, being similar, bear + the impress of nearly seventy years of sanction by the highest + judicial authority, should be honestly and faithfully observed + and maintained by all who enjoy the benefits of our compact of + union; and that all acts of individuals or of State Legislatures + to defeat the purpose or nullify the requirements of that + provision, and the laws made in pursuance of it, are hostile in + character, subversive of the Constitution, and revolutionary in + their effect."[15] + +After a protracted and earnest debate, these resolutions were adopted +_seriatim_, on the 24th and 25th of May, by a decided majority of the +Senate (varying from thirty-three to thirty-six yeas against from two to +twenty-one nays), the Democrats, both Northern and Southern, sustaining +them unitedly, with the exception of one adverse vote (that of Mr. Pugh, +of Ohio) on the fourth and sixth resolutions. The Republicans all voted +against them or refrained from voting at all, except that Mr. Teneyck, +of New Jersey, voted for the fifth and seventh of the series. Mr. +Douglas, the leader if not the author of "popular sovereignty," was +absent on account of illness, and there were a few other absentees. + +The conclusion of a speech, in reply to Mr. Douglas, a few days before +the vote was taken on these resolutions, is introduced here as the best +evidence of the position of the author at that period of excitement and +agitation: + + Conclusion of Reply to Mr. Douglas, _May 17, 1860_. + + "Mr. President: I briefly and reluctantly referred, because the + subject had been introduced, to the attitude of Mississippi on a + former occasion. I will now as briefly say that in 1851, and in + 1860, Mississippi was, and is, ready to make every concession + which it becomes her to make to the welfare and the safety of + the Union. If, on a former occasion, she hoped too much from + fraternity, the responsibility for her disappointment rests upon + those who failed to fulfill her expectations. She still clings + to the Government as our fathers formed it. She is ready to-day + and to-morrow, as in her past and though brief yet brilliant + history, to maintain that Government in all its power, and to + vindicate its honor with all the means she possesses. I say + brilliant history; for it was in the very morning of her + existence that her sons, on the plains of New Orleans, were + announced, in general orders, to have been the admiration of one + army and the wonder of the other. That we had a division in + relation to the measures enacted in 1850, is true; that the + Southern rights men became the minority in the election which + resulted, is true; but no figure of speech could warrant the + Senator in speaking of them as subdued--as coming to him or + anybody else for quarter. I deemed it offensive when it was + uttered, and the scorn with which I repelled it at the instant, + time has only softened to contempt. Our flag was never borne + from the field. We had carried it in the face of defeat, with a + knowledge that defeat awaited it; but scarcely had the smoke of + the battle passed away which proclaimed another victor, before + the general voice admitted that the field again was ours. I have + not seen a sagacious, reflecting man, who was cognizant of the + events as they transpired at the time, who does not say that, + within two weeks after the election, our party was in a + majority; and the next election which occurred showed that we + possessed the State beyond controversy. How we have wielded that + power it is not for me to say. I trust others may see + forbearance in our conduct--that, with a determination to insist + upon our constitutional rights, then and now, there is an + unwavering desire to maintain the Government, and to uphold the + Democratic party. + + "We believe now, as we have asserted on former occasions, that + the best hope for the perpetuity of our institutions depends + upon the cooeperation, the harmony, the zealous action, of the + Democratic party. We cling to that party from conviction that + its principles and its aims are those of truth and the country, + as we cling to the Union for the fulfillment of the purposes for + which it was formed. Whenever we shall be taught that the + Democratic party is recreant to its principles; whenever we + shall learn that it can not be relied upon to maintain the great + measures which constitute its vitality--I for one shall be ready + to leave it. And so, when we declare our tenacious adherence to + the Union, it is the Union of the Constitution. If the compact + between the States is to be trampled into the dust; if anarchy + is to be substituted for the usurpation and consolidation which + threatened the Government at an earlier period; if the Union is + to become powerless for the purposes for which it was + established, and we are vainly to appeal to it for + protection--then, sir, conscious of the rectitude of our course, + the justice of our cause, self-reliant, yet humbly, confidingly + trusting in the arm that guided and protected our fathers, we + look beyond the confines of the Union for the maintenance of our + rights. An habitual reverence and cherished affection for the + Government will bind us to it longer than our interests would + suggest or require; but he is a poor student of the world's + history who does not understand that communities at last must + yield to the dictates of their interests. That the affection, + the mutual desire for the mutual good, which existed among our + fathers, may be weakened in succeeding generations by the denial + of right, and hostile demonstration, until the equality + guaranteed but not secured within the Union may be sought for + without it, must be evident to even a careless observer of our + race. It is time to be up and doing. There is yet time to remove + the causes of dissension and alienation which are now + distracting, and have for years past divided, the country. + + "If the Senator correctly described me as having at a former + period, against my own preferences and opinions, acquiesced in + the decision of my party; if, when I had youth, when physical + vigor gave promise of many days, and the future was painted in + the colors of hope, I could thus surrender my own convictions, + my own prejudices, and cooeperate with my political friends + according to their views of the best method of promoting the + public good--now, when the years of my future can not be many, + and experience has sobered the hopeful tints of youth's gilding; + when, approaching the evening of life, the shadows are reversed, + and the mind turns retrospectively, it is not to be supposed + that I would abandon lightly, or idly put on trial, the party to + which I have steadily adhered. It is rather to be assumed that + conservatism, which belongs to the timidity or caution of + increasing years, would lead me to cling to, to be supported by, + rather than to cast off, the organization with which I have been + so long connected. If I am driven to consider the necessity of + separating myself from those old and dear relations, of + discarding the accustomed support, under circumstances such as I + have described, might not my friends who differ from me pause + and inquire whether there is not something involved in it which + calls for their careful revision? + + "I desire no divided flag for the Democratic party. + + "Our principles are national; they belong to every State of the + Union; and, though elections may be lost by their assertion, + they constitute the only foundation on which we can maintain + power, on which we can again rise to the dignity the Democracy + once possessed. Does not the Senator from Illinois see in the + sectional character of the vote be received,[16] that his + opinions are not acceptable to every portion of the country? Is + not the fact that the resolutions adopted by seventeen States, + on which the greatest reliance must be placed for Democratic + support, are in opposition to the dogma to which he still + clings, a warning that, if he persists and succeeds in forcing + his theory upon the Democratic party, its days are numbered? We + ask only for the Constitution. We ask of the Democracy only from + time to time to declare, as current exigencies may indicate, + what the Constitution was intended to secure and provide. Our + flag bears no new device. Upon its folds our principles are + written in living light; all proclaiming the constitutional + Union, justice, equality, and fraternity of our ocean-bound + domain, for a limitless future." + + +[Footnote 14: The words, "within the limits of its constitutional +powers," were subsequently added to this resolution, on the suggestion +of Mr. Toombs, of Georgia, with the approval of the mover.] + +[Footnote 15: The speech of the author, delivered on the 7th of May +ensuing, in exposition of these resolutions, will be found in Appendix +F.] + +[Footnote 16: In the Democratic Convention, which had been recently held +in Charleston. (See the ensuing chapter.)] + + + + +CHAPTER VII + + A Retrospect.--Growth of Sectional Rivalry.--The Generosity of + Virginia.--Unequal Accessions of Territory.--The Tariff and its + Effects.--The Republican Convention of 1860, its Resolutions and + its Nominations.--The Democratic Convention at Charleston, its + Divisions and Disruption.--The Nominations at Baltimore.--The + "Constitutional-Union" Party and its Nominees.--An Effort in + Behalf of Agreement declined by Mr. Douglas.--The Election of + Lincoln and Hamlin.--Proceedings in the South.--Evidences of + Calmness and Deliberation.--Mr. Buchanan's Conservatism and the + weakness of his Position.--Republican Taunts.--The "New York + Tribune," etc. + + +When, at the close of the war of the Revolution, each of the thirteen +colonies that had been engaged in that contest was severally +acknowledged by the mother-country, Great Britain, to be a free and +independent State, the confederation of those States embraced an area so +extensive, with climate and products so various, that rivalries and +conflicts of interest soon began to be manifested. It required all the +power of wisdom and patriotism, animated by the affection engendered by +common sufferings and dangers, to keep these rivalries under restraint, +and to effect those compromises which it was fondly hoped would insure +the harmony and mutual good offices of each for the benefit of all. It +was in this spirit of patriotism and confidence in the continuance of +such abiding good will as would for all time preclude hostile +aggression, that Virginia ceded, for the use of the confederated States, +all that vast extent of territory lying north of the Ohio River, out of +which have since been formed five States and part of a sixth. The +addition of these States has accrued entirely to the preponderance of +the Northern section over that from which the donation proceeded, and to +the disturbance of that equilibrium which existed at the close of the +war of the Revolution. + +It may not be out of place here to refer to the fact that the grievances +which led to that war were directly inflicted upon the Northern +colonies. Those of the South had no material cause of complaint; but, +actuated by sympathy for their Northern brethren, and a devotion to the +principles of civil liberty and community independence, which they had +inherited from their Anglo-Saxon ancestry, and which were set forth in +the Declaration of Independence, they made common cause with their +neighbors, and may, at least, claim to have done their full share in the +war that ensued. + +By the exclusion of the South, in 1820, from all that part of the +Louisiana purchase lying north of the parallel of thirty-six degrees +thirty minutes, and not included in the State of Missouri, by the +extension of that line of exclusion to embrace the territory acquired +from Texas; and by the appropriation of _all_ the territory obtained +from Mexico under the Treaty of Guadalupe Hidalgo, both north and south +of that line, it may be stated with approximate accuracy that the North +had monopolized to herself more than three fourths of all that had been +added to the domain of the United States since the Declaration of +Independence. This inequality, which began, as has been shown, in the +more generous than wise confidence of the South, was employed to obtain +for the North the lion's share of what was afterward added at the cost +of the public treasure and the blood of patriots. I do not care to +estimate the relative proportion contributed by each of the two +sections. + +Nor was this the only cause that operated to disappoint the reasonable +hopes and to blight the fair prospects under which the original compact +was formed. The effects of discriminating duties upon imports have been +referred to in a former chapter--favoring the manufacturing region, +which was the North; burdening the exporting region, which was the +South; and so imposing upon the latter a double tax: one, by the +increased price of articles of consumption, which, so far as they were +of home production, went into the pockets of the manufacturer; the +other, by the diminished value of articles of export, which was so much +withheld from the pockets of the agriculturist. In like manner the power +of the majority section was employed to appropriate to itself an unequal +share of the public disbursements. These combined causes--the possession +of more territory, more money, and a wider field for the employment of +special labor--all served to attract immigration; and, with increasing +population, the greed grew by what it fed on. + +This became distinctly manifest when the so-called "Republican" +Convention assembled in Chicago, on May 16, 1860, to nominate a +candidate for the Presidency. It was a purely sectional body. There were +a few delegates present, representing an insignificant minority in the +"border States," Delaware, Maryland, Virginia, Kentucky, and Missouri; +but not one from any State south of the celebrated political line of +thirty-six degrees thirty minutes. It had been the invariable usage with +nominating conventions of all parties to select candidates for the +Presidency and Vice-Presidency, one from the North and the other from +the South; but this assemblage nominated Mr. Lincoln, of Illinois, for +the first office, and for the second, Mr. Hamlin, of Maine--both +Northerners. Mr. Lincoln, its nominee for the Presidency, had publicly +announced that the Union "could not permanently endure, half slave and +half free." The resolutions adopted contained some carefully worded +declarations, well adapted to deceive the credulous who were opposed to +hostile aggressions upon the rights of the States. In order to +accomplish this purpose, they were compelled to create a fictitious +issue, in denouncing what they described as "the new dogma that the +Constitution, of its own force, carries slavery into any or all of the +Territories of the United States"--a "dogma" which had never been held +or declared by anybody, and which had no existence outside of their own +assertion. There was enough in connection with the nomination to assure +the most fanatical foes of the Constitution that their ideas would be +the rule and guide of the party. + +Meantime, the Democratic party had held a convention, composed as usual +of delegates from all the States. They met in Charleston, South +Carolina, on April 23d, but an unfortunate disagreement with regard to +the declaration of principles to be set forth rendered a nomination +impracticable. Both divisions of the Convention adjourned, and met again +in Baltimore in June. Then, having finally failed to come to an +agreement, they separated and made their respective nominations apart. +Mr. Douglas, of Illinois, was nominated by the friends of the doctrine +of "popular sovereignty," with Mr. Fitzpatrick, of Alabama, for the +Vice-Presidency. Both these gentlemen at that time were Senators from +their respective States. Mr. Fitzpatrick promptly declined the +nomination, and his place was filled with the name of Mr. Herschel V. +Johnson, a distinguished citizen of Georgia. + +The Convention representing the conservative, or State-Rights, wing of +the Democratic-party (the President of which was the Hon. Caleb Cushing, +of Massachusetts), on the first ballot, unanimously made choice of John +C. Breckinridge, of Kentucky, then Vice-President of the United States, +for the first office, and with like unanimity selected General Joseph +Lane, then a Senator from Oregon, for the second. The resolutions of +each of these two conventions denounced the action and policy of the +Abolition party, as subversive of the Constitution, and revolutionary in +their tendency. + +Another convention was held in Baltimore about the same period[17] by +those who still adhered to the old Whig party, reenforced by the remains +of the "American" organization, and perhaps some others. This Convention +also consisted of delegates from all the States, and, repudiating all +geographical and sectional issues, and declaring it to be "both the part +of patriotism and of duty to recognize no political principle other than +the Constitution of the country, the Union of the States, and the +enforcement of the laws," pledged itself and its supporters "to +maintain, protect, and defend, separately and unitedly, those great +principles of public liberty and national safety against all enemies at +home and abroad." Its nominees were Messrs. John Bell, of Tennessee, and +Edward Everett, of Massachusetts, both of whom had long been +distinguished members of the Whig party. + +The people of the United States now had four rival tickets presented to +them by as many contending parties, whose respective position and +principles on the great and absorbing question at issue may be briefly +recapitulated as follows: + +1. The "Constitutional-Union" Party, as it was now termed, led by +Messrs. Bell and Everett, which ignored the territorial controversy +altogether, and contented itself, as above stated, with a simple +declaration of adherence to "the Constitution, the Union, and the +enforcement of the laws." + +2. The party of "popular sovereignty," headed by Douglas and Johnson, +who affirmed the right of the people of the Territories, in their +territorial condition, to determine their own organic institutions, +independently of the control of Congress; denying the power or duty of +Congress to protect the persons or property of individuals or minorities +in such Territories against the action of majorities. + +3. The State-Rights party, supporting Breckinridge and Lane, who held +that the Territories were open to citizens of all the States, with their +property, without any inequality or discrimination, and that it was the +duty of the General Government to protect both persons and property from +aggression in the Territories subject to its control. At the same time +they admitted and asserted the right of the people of a Territory, on +emerging from their territorial condition to that of a State, to +determine what should then be their domestic institutions, as well as +all other questions of personal or proprietary right, without +interference by Congress, and subject only to the limitations and +restrictions prescribed by the Constitution of the United States. + +4. The so-called "Republicans," presenting the names of Lincoln and +Hamlin, who held, in the language of one of their leaders,[18] that +"slavery can exist only by virtue of municipal law"; that there was "no +law for it in the Territories, and no power to enact one"; and that +Congress was "bound to prohibit it in or exclude it from any and every +Federal Territory." In other words, they asserted the right and duty of +Congress to exclude the citizens of half the States of the Union from +the territory belonging in common to all, unless on condition of the +sacrifice or abandonment of their property recognized by the +Constitution--indeed, of the _only_ species of their property distinctly +and specifically recognized as such by that instrument. + +On the vital question underlying the whole controversy--that is, whether +the Federal Government should be a Government of the whole for the +benefit of all its equal members, or (if it should continue to exist at +all) a sectional Government for the benefit of a part--the first three +of the parties above described were in substantial accord as against the +fourth. If they could or would have acted unitedly, they, could +certainly have carried the election, and averted the catastrophe which +followed. Nor were efforts wanting to effect such a union. + +Mr. Bell, the Whig candidate, was a highly respectable and experienced +statesman, who had filled many important offices, both State and +Federal. He was not ambitious to the extent of coveting the Presidency, +and he was profoundly impressed by the danger which threatened the +country. Mr. Breckinridge had not anticipated, and it may safely be said +did not eagerly desire, the nomination. He was young enough to wait, and +patriotic enough to be willing to do so, if the weal of the country +required it. Thus much I may confidently assert of both those gentlemen; +for each of them authorized me to say that he was willing to withdraw, +if an arrangement could be effected by which the divided forces of the +friends of the Constitution could be concentrated upon some one more +generally acceptable than either of the three who had been presented to +the country. When I made this announcement to Mr. Douglas--with whom my +relations had always been such as to authorize the assurance that he +could not consider it as made in an unfriendly spirit--he replied that +the scheme proposed was impracticable, because his friends, mainly +Northern Democrats, if he were withdrawn, would join in the support of +Mr. Lincoln, rather than of any one that should supplant _him_ +(Douglas); that he was in the hands of his friends, and was sure they +would not accept the proposition. + +It needed but little knowledge of the _status_ of parties in the several +States to foresee a probable defeat if the conservatives were to +continue divided into three parts, and the aggressives were to be held +in solid column. But angry passions, which are always bad counselors, +had been aroused, and hopes were still cherished, which proved to be +illusory. The result was the election, by a minority, of a President +whose avowed principles were necessarily fatal to the harmony of the +Union. + +Of 303 _electoral_ votes, Mr. Lincoln received 180, but of the _popular_ +suffrage of 4,676,853 votes, which the electors represented, he obtained +only 1,866,352--something over a third of the votes. This discrepancy +was owing to the system of voting by "general ticket"--that is, casting +the State votes as a unit, whether unanimous or nearly equally divided. +Thus, in New York, the total popular vote was 675,156, of which 362,646 +were cast for the so-called Republican (or Lincoln) electors, and +312,510 against them. Now York was entitled to 35 electoral votes. +Divided on the basis of the popular vote, 19 of these would have been +cast for Mr. Lincoln, and 16 against him. But under the "general ticket" +system the entire 35 votes were cast for the Republican candidates, thus +giving them not only the full strength of the majority in their favor, +but that of the great minority against them superadded. So of other +Northern States, in which the small majorities on one side operated with +the weight of entire unanimity, while the virtual unanimity in the +Southern States, on the other side, counted nothing more than a mere +majority would have done. + +The manifestations which followed this result, in the Southern States, +did not proceed, as has been unjustly charged, from chagrin at their +defeat in the election, or from any personal hostility to the +President-elect, but from the fact that they recognized in him the +representative of a party professing principles destructive to "their +peace, their prosperity, and their domestic tranquillity." The +long-suppressed fire burst into frequent flame, but it was still +controlled by that love of the Union which the South had illustrated in +every battle-field, from Boston to New Orleans. Still it was hoped, +against hope, that some adjustment might be made to avert the calamities +of a practical application of the theory of an "irrepressible conflict." +Few, if any, then doubted the right of a State to withdraw its grants +delegated to the Federal Government, or, in other words, to secede from +the Union; but in the South this was generally regarded as the remedy of +last resort, to be applied only when ruin or dishonor was the +alternative. No rash or revolutionary action was taken by the Southern +States, but the measures adopted were considerate, and executed +advisedly and deliberately. The Presidential election occurred (as far +as the popular vote, which determined the result, was concerned) in +November, 1860. Most of the State Legislatures convened soon afterward +in regular session. In some cases special sessions were convoked for the +purpose of calling State Conventions--the recognized representatives of +the sovereign will of the people--to be elected expressly for the +purpose of taking such action as should be considered needful and proper +under the existing circumstances. + +These conventions, as it was always held and understood, possessed all +the power of the people assembled in mass; and therefore it was conceded +that they, and they only, could take action for the withdrawal of a +State from the Union. The consent of the respective States to the +formation of the Union had been given through such conventions, and it +was only by the same authority that it could properly be revoked. The +time required for this deliberate and formal process precludes the idea +of hasty or passionate action, and none who admit the primary power of +the people to govern themselves can consistently deny its validity and +binding obligation upon every citizen of the several States. Not only +was there ample time for calm consideration among the people of the +South, but for due reflection by the General Government and the people +of the Northern States. + +President Buchanan was in the last year of his administration. His +freedom from sectional asperity, his long life in the public service, +and his peace-loving and conciliatory character, were all guarantees +against his precipitating a conflict between the Federal Government and +any of the States; but the feeble power that he possessed in the closing +months of his term to mold the policy of the future was painfully +evident. Like all who had intelligently and impartially studied the +history of the formation of the Constitution, he held that the Federal +Government had no rightful power to coerce a State. Like the sages and +patriots who had preceded him in the high office that he filled, he +believed that "our Union rests upon public opinion, and can never by +cemented by the blood of its citizens shed in civil war. If it can not +live in the affections of the people, it must one day perish. Congress +may possess many means of preserving it by conciliation, but the sword +was not placed in their hand to preserve it by force."--(Message of +December 3, 1860.) + +Ten years before, Mr. Calhoun addressing the Senate with all the +earnestness of his nature and with that sincere desire to avert the +danger of disunion which those who knew him best never doubted, had +asked the emphatic question, "How can the Union be saved?" He answered +his question thus: + + "There is but one way by which it can be [saved] with any + certainty; and that is by a full and final settlement, on the + principles of justice, of all the questions at issue between the + sections. The South asks for justice--simple justice--and less + she ought not to take. She has no compromise to offer but the + Constitution, and no concession or surrender to make.... + + "Can this be done? Yes, easily! Not by the weaker party; for it + can of itself do nothing--not even protect itself--but by the + stronger.... But will the North agree to do this? It is for her + to answer this question. But, I will say, she can not refuse if + she has half the love of the Union which she professes to have, + nor without exposing herself to the charge that her love of + power and aggrandizement is far greater than her love of the + Union." + +During the ten years that intervened between the date of this speech and +the message of Mr. Buchanan cited above, the progress of sectional +discord and the tendency of the stronger section to unconstitutional +aggression had been fearfully rapid. With very rare exceptions, there +were none in 1850 who claimed the right of the Federal Government to +apply coercion to a State. In 1860 men had grown to be familiar with +threats of driving the South into submission to any act that the +Government, in the hands of a Northern majority, might see fit to +perform. During the canvass of that year, demonstrations had been made +by _quasi_-military organizations in various parts of the North, which +looked unmistakably to purposes widely different from those enunciated +in the preamble to the Constitution, and to the employment of means not +authorized by the powers which the States had delegated to the Federal +Government. + +Well-informed men still remembered that, in the Convention which framed +the Constitution, a proposition was made to authorize the employment of +force against a delinquent State, on which Mr. Madison remarked that +"the use of force against a State would look more like a declaration of +war than an infliction of punishment, and would probably be considered +by the party attacked as a dissolution of all previous compacts by which +it might have been bound." The Convention expressly refused to confer +the power proposed, and the clause was lost. While, therefore, in 1860, +many violent men, appealing to passion and the lust of power, were +inciting the multitude, and preparing Northern opinion to support a war +waged against the Southern States in the event of their secession, there +were others who took a different view of the case. Notable among such +was the "New York Tribune," which had been the organ of the +abolitionists, and which now declared that, "if the cotton States wished +to withdraw from the Union, they should be allowed to do so"; that "any +attempt to compel them to remain, by force, would be contrary to the +principles of the Declaration of Independence and to the fundamental +ideas upon which human liberty is based"; and that, "if the Declaration +of Independence justified the secession from the British Empire of three +millions of subjects in 1776, it was not seen why it would not justify +the secession of five millions of Southerners from the Union in 1861." +Again, it was said by the same journal that, "sooner than compromise +with the South and abandon the Chicago platform," they would "let the +Union slide." Taunting expressions were freely used--as, for example, +"If the Southern people wish to leave the Union, we will do our best to +forward their views." + +All this, it must be admitted, was quite consistent with the +oft-repeated declaration that the Constitution was a "covenant with +hell," which stood as the caption of a leading abolitionist paper of +Boston. That signs of coming danger so visible, evidences of hostility +so unmistakable, disregard of constitutional obligations so wanton, +taunts and jeers so bitter and insulting, should serve to increase +excitement in the South, was a consequence flowing as much from reason +and patriotism as from sentiment. He must have been ignorant of human +nature who did not expect such a tree to bear fruits of discord and +division. + + +[Footnote 17: May 19, 1860.] + +[Footnote 18: Horace Greeley, "The American Conflict," vol. i, p. 322.] + + + + +CHAPTER VIII. + + Conference with the Governor of Mississippi.--The Author + censured as "too slow."--Summons to Washington.--Interview with + the President.--His Message.--Movements in Congress.--The + Triumphant Majority.--The Crittenden Proposition.--Speech of the + Author on Mr. Green's Resolution.--The Committee of + Thirteen.--Failure to agree.--The "Republicans" responsible for + the Failure.--Proceedings in the House of + Representatives.--Futility of Efforts for an Adjustment.--The + Old Year closes in Clouds. + + +In November, 1860, after the result of the Presidential election was +known, the Governor of Mississippi, having issued his proclamation +convoking a special session of the Legislature to consider the propriety +of calling a convention, invited the Senators and Representatives of the +State in Congress, to meet him for consultation as to the character of +the message he should send to the Legislature when assembled. + +While holding, in common with my political associates, that the right of +a State to secede was unquestionable, I differed from most of them as to +the probability of our being permitted peaceably to exercise the right. +The knowledge acquired by the administration of the War Department for +four years, and by the chairmanship of the Military Committee of the +Senate at two different periods, still longer in combined duration, had +shown me the entire lack of preparation for war in the South. The +foundries and armories were in the Northern States, and there were +stored all the new and improved weapons of war. In the arsenals of the +Southern States were to be found only arms of the old and rejected +models. The South had no manufactories of powder, and no navy to protect +our harbors, no merchant-ships for foreign commerce. It was evident to +me, therefore, that, if we should be involved in war, the odds against +us would be far greater than what was due merely to our inferiority in +population. Believing that secession would be the precursor of war +between the States, I was consequently slower and more reluctant than +others, who entertained a different opinion, to resort to that remedy. + +While engaged in the consultation with the Governor just referred to, a +telegraphic message was handed to me from two members of Mr. Buchanan's +Cabinet, urging me to proceed "immediately" to Washington. This dispatch +was laid before the Governor and the members of Congress from the State +who were in conference with him, and it was decided that I should comply +with the summons. I was afterward informed that my associates considered +me "too slow," and they were probably correct in the belief that I was +behind the general opinion of the people of the State as to the +propriety of prompt secession.[19] + +On arrival at Washington, I found, as had been anticipated, that my +presence there was desired on account of the influence which it was +supposed I might exercise with the President (Mr. Buchanan) in relation +to his forthcoming message to Congress. On paying my respects to the +President, he told me that he had finished the rough draft of his +message, but that it was still open to revision and amendment, and that +he would like to read it to me. He did so, and very kindly accepted all +the modifications which I suggested. The message was, however, afterward +somewhat changed, and, with great deference to the wisdom and +statesmanship of its author, I must say that, in my judgment, the last +alterations were unfortunate--so much so that, when it was read in the +Senate, I was reluctantly constrained to criticise it. Compared, +however, with documents of the same class which have since been +addressed to the Congress of the United States, the reader of +Presidential messages must regret that it was not accepted by Mr. +Buchanan's successors as a model, and that his views of the Constitution +had not been adopted as a guide in the subsequent action of the Federal +Government. + +The popular movement in the South was tending steadily and rapidly +toward the secession of those known as "planting States"; yet, when +Congress assembled on December 3, 1860 the representatives of the people +of all those States took their seats in the House, and they were all +represented in the Senate, except South Carolina, whose Senators had +tendered their resignation to the Governor immediately on the +announcement of the result of the Presidential election. Hopes were +still cherished that the Northern leaders would appreciate the impending +peril, would cease to treat the warnings, so often given, as idle +threats, would refrain from the bravado, so often and so unwisely +indulged, of ability "to whip the South" in thirty, sixty, or ninety +days, and would address themselves to the more manly purpose of devising +means to allay the indignation, and quiet the apprehensions, whether +well, founded or not, of their Southern brethren. But the debates of +that session manifest, on the contrary, the arrogance of a triumphant +party, and the determination to reap to the uttermost the full harvest +of a party victory. + +Mr. Crittenden, of Kentucky, the oldest and one of the most honored +members of the Senate,[20] introduced into that body a joint resolution +proposing certain amendments to the Constitution--among them the +restoration and incorporation into the Constitution of the geographical +line of the Missouri Compromise, with other provisions, which it was +hoped might be accepted as the basis for an adjustment of the +difficulties rapidly hurrying the Union to disruption. But the earnest +appeals of that venerable statesman were unheeded by Senators of the +so-called Republican party. Action upon his proposition was postponed +from time to time, on one pretext or another, until the last day of the +session--when seven States had already withdrawn from the Union and +established a confederation of their own--and it was then defeated by a +majority of one vote.[21] + +Meantime, among other propositions made in the Senate were two +introduced early in the session, which it may be proper specially to +mention. One of these was a resolution offered by Mr. Powell, of +Kentucky, which, after some modification by amendment, when finally +acted upon, had taken the following form: + + "_Resolved_, That so much of the President's message as relates + to the present agitated and distracted condition of the country, + and the grievances between the slaveholding and the non-slave + holding States, be referred to a special committee of thirteen + members, and that said committee be instructed to inquire into + the present condition of the country, and report by bill or + otherwise." + +The other was a resolution offered by Mr. Green, of Missouri, to the +following effect: + + "_Resolved_, That the Committee on the Judiciary be instructed + to inquire into the propriety of providing by law for + establishing an armed police force at all necessary points along + the line separating the slaveholding States from the + non-slaveholding States, for the purpose of maintaining the + general peace between those States, of preventing the invasion + of one State by citizens of another, and also for the efficient + execution of the fugitive-slave laws." + +In the discussion of these two resolutions I find, in the proceedings of +the Senate on December 10th, as reported in the "Congressional Globe," +some remarks of my own, the reproduction of which will serve to exhibit +my position at that period--a position which has since been often +misrepresented: + + "Mr. President, if the political firmament seemed to me dark + before, there has been little in the discussion this morning to + cheer or illumine it. When the proposition of the Senator from + Kentucky was presented--not very hopeful of a good result--I was + yet willing to wait and see what developments it might produce. + This morning, for the first time, it has been considered; and + what of encouragement have we received? One Senator proposes, as + a cure for the public evil impending over us, to invest the + Federal Government with such physical power as properly belongs + to monarchy alone; another announces that his constituents cling + to the Federal Government, if its legislative favors and its + Treasury secure the works of improvement and the facilities + which they desire; while another rises to point out that the + evils of the land are of a party character. Sir, we have fallen + upon evil times indeed, if the great convulsion which now shakes + the body-politic to its center is to be dealt with by such + nostrums as these. Men must look more deeply, must rise to a + higher altitude; like patriots they must confront the danger + face to face, if they hope to relieve the evils which now + disturb the peace of the land, and threaten the destruction of + our political existence. + + "First of all, we must inquire what is the cause of the evils + which beset us? The diagnosis of the disease must be stated + before we are prepared to prescribe. Is it the fault of our + legislation here? If so, then it devolves upon us to correct it, + and we have the power. Is it the defect of the Federal + organization, of the fundamental law of our Union? I hold that + it is not. Our fathers, learning wisdom from the experiments of + Rome and of Greece--the one a consolidated republic, and the + other strictly a confederacy--and taught by the lessons of our + own experiment under the Confederation, came together to form a + Constitution for 'a more perfect union,' and, in my judgment, + made the best government which has ever been instituted by man. + It only requires that it should be carried out in the spirit in + which it was made, that the circumstances under which it was + made should continue, and no evil can arise under this + Government for which it has not an appropriate remedy. Then it + is outside of the Government--elsewhere than to its Constitution + or to its administration--that we are to look. Men must not + creep in the dust of partisan strife and seek to make points + against opponents as the means of evading or meeting the issues + before us. The fault is not in the form of the Government, nor + does the evil spring from the manner in which it has been + administered. Where, then, is it? It is that our fathers formed + a Government for a Union of friendly States; and though under it + the people have been prosperous beyond comparison with any other + whose career is recorded in the history of man, still that Union + of friendly States has changed its character, and sectional + hostility has been substituted for the fraternity in which the + Government was founded. + + "I do not intend here to enter into a statement of grievances; I + do not intend here to renew that war of crimination which for + years past has disturbed the country, and in which I have taken + a part perhaps more zealous than useful; but I call upon all men + who have in their hearts a love of the Union, and whose service + is not merely that of the lip, to look the question calmly but + fully in the face, that they may see the true cause of our + danger, which, from my examination, I believe to be that a + sectional hostility has been substituted for a general + fraternity, and thus the Government rendered powerless for the + ends for which it was instituted. The hearts of a portion of the + people have been perverted by that hostility, so that the powers + delegated by the compact of union are regarded not as means to + secure the welfare of all, but as instruments for the + destruction of a part--the minority section. How, then, have we + to provide a remedy? By strengthening this Government? By + instituting physical force to overawe the States, to coerce the + people living under them as members of sovereign communities to + pass under the yoke of the Federal Government? No, sir; I would + have this Union severed into thirty-three fragments sooner than + have that great evil befall constitutional liberty and + representative government. Our Government is an agency of + delegated and strictly limited powers. Its founders did not look + to its preservation by force; but the chain they wove to bind + these States together was one of love and mutual good offices. + They had broken the fetters of despotic power; they had + separated themselves from the mother-country upon the question + of community independence; and their sons will be degenerate + indeed if, clinging to the mere name and forms of free + government, they forge and rivet upon their posterity the + fetters which their ancestors broke.... + + "The remedy for these evils is to be found in the patriotism and + the affection of the people, if it exists; and, if it does not + exist, it is far better, instead of attempting to preserve a + forced and therefore fruitless Union, that we should peacefully + part and each pursue his separate course. It is not to this side + of the Chamber that we should look for propositions; it is not + here that we can ask for remedies. Complaints, with much + amplitude of specification, have gone forth from the members on + this side of the Chamber heretofore. It is not to be expected + that they will be renewed, for the people have taken the subject + into their own hands. States, in their sovereign capacity, have + now resolved to judge of the infractions of the Federal compact, + and of the mode and measure of redress. All we can usefully or + properly do is to send to the people, thus preparing to act for + themselves, evidence of error, if error there be; to transmit to + them the proofs of kind feeling, if it actuates the Northern + section, where they now believe there is only hostility. If we + are mistaken as to your feelings and purposes, give a + substantial proof, that here may begin that circle which hence + may spread out and cover the whole land with proofs of + fraternity, of a reaction in public sentiment, and the assurance + of a future career in conformity with the principles and + purposes of the Constitution. All else is idle. I would not give + the parchment on which the bill would be written that is to + secure our constitutional rights within the limits of a State, + where the people are all opposed to the execution of that law. + It is a truism in free governments that laws rest upon public + opinion, and fall powerless before its determined opposition. + + "The time has passed, sir, when appeals might profitably be made + to sentiment. The time has come when men must of necessity + reason, assemble facts, and deal with current events. I may be + permitted in this to correct an error into which one of my + friends fell this morning, when he impressed on us the great + value of our Union as measured by the amount of time and money + and blood which were spent to form this Union. It cost very + little time, very little money, and no blood. It was one of the + most peaceful transactions that mark the pages of human history. + Our fathers fought the war of the Revolution to maintain the + rights asserted in their Declaration of Independence." + + Mr. Powell: "The Senator from Mississippi will allow me to say + that I spoke of the Government, not of the Union. I said time + and money and blood had been required to form the Government." + + Mr. Davis: "The Government is the machinery established by the + Constitution; it is the agency created by the States when they + formed the Union. Our fathers, I was proceeding to say, having + fought the war of the Revolution, and achieved their + independence--each State for itself, each State standing out an + integral part, each State separately recognized by the parent + Government of Great Britain--these States as independent + sovereignties entered into confederate alliance. After having + tried the Confederation and found it to be a failure, they, of + their own accord, came peacefully together, and in a brief + period made a Constitution, which was referred to each State and + voluntarily ratified by each State that entered the Union; + little time, little money, and no blood being expended to form + this Government, the machine for making the Union useful and + beneficial. Blood, much and precious, was expended to vindicate + and to establish community independence, and the great American + idea that all governments rest on the consent of the governed, + and that the people may at their will alter or abolish their + government, however or by whomsoever instituted. + + "But our existing Government is not the less sacred to me + because it was not sealed with blood. I honor it the more + because it was the free-will offering of men who chose to live + together. It rooted in fraternity, and fraternity supported its + trunk and all its branches. Every bud and leaflet depends + entirely on the nurture it receives from fraternity as the root + of the tree. When that is destroyed, the trunk decays, and the + branches wither, and the leaves fall; and the shade it was + designed to give has passed away for ever. I cling not merely to + the name and form, but to the spirit and purpose of the Union + which our fathers made. It was for domestic tranquillity; not to + organize within one State lawless bands to commit raids upon + another. It was to provide for the common defense; not to + disband armies and navies, lest they should serve the protection + of one section of the country better than another. It was to + bring the forces of all the States together to achieve a common + object, upholding each the other in amity, and united to repel + exterior force. All the custom-house obstructions existing + between the States were destroyed; the power to regulate + commerce transferred to the General Government. Every barrier to + the freest intercourse was swept away. Under the Confederation + it had been secured as a right to each citizen to have free + transit over all the other States; and under the Union it was + designed to make this more perfect. Is it enjoyed? Is it not + denied? Do we not have mere speculative question of what is + property raised in defiance of the clear intent of the + Constitution, offending as well against its letter as against + its whole spirit? This must be reformed, or the Government our + fathers instituted is destroyed. I say, then, shall we cling to + the mere forms or idolize the name of Union, when its blessings + are lost, after its spirit has fled? Who would keep a flower, + which had lost its beauty and its fragrance, and in their stead + had formed a seed-vessel containing the deadliest poison? Or, to + drop the figure, who would consent to remain in alliance with + States which used the power thus acquired to invade his + tranquillity, to impair his defense, to destroy his peace and + security? Any community would be stronger standing in an + isolated position, and using its revenues to maintain its own + physical force, than if allied with those who would thus war + upon its prosperity and domestic peace; and reason, pride, + self-interest, and the apprehension of secret, constant danger + would impel to separation. + + "I do not comprehend the policy of a Southern Senator who would + seek to change the whole form of our Government, and substitute + Federal force for State obligation and authority. Do we want a + new Government that is to overthrow the old? Do we wish to erect + a central Colossus, wielding at discretion the military arm, and + exercising military force over the people and the States? This + is not the Union to which we were invited; and so carefully was + this guarded that, when our fathers provided for using force to + put down insurrection, they required that the fact of the + insurrection should be communicated by the authorities of the + State before the President could interpose. When it was proposed + to give to Congress power to execute the laws against a + delinquent State, it was refused on the ground that that would + be making war on the States; and, though I know the good purpose + of my honorable friend from Missouri is only to give protection + to constitutional rights, I fear his proposition is to rear a + monster, which will break the feeble chain provided, and destroy + rights it was intended to guard. That military Government which + he is about to institute, by passing into hostile hands, becomes + a weapon for his destruction, not for his protection. All + dangers which we may be called upon to confront as independent + communities are light, in my estimation, compared with that + which would hang over us if this Federal Government had such + physical force; if its character was changed from a + representative agent of States to a central Government, with a + military power to be used at discretion against the States. + To-day it may be the idea that it will be used against some + State which nullifies the Constitution and the laws; some State + which passes laws to obstruct or repeal the laws of the United + States; some State which, in derogation of our rights of transit + under the Constitution, passes laws to punish a citizen found + there with property recognized by the Constitution of the United + States, but prohibited by the laws of that State. + + "But how long might it be before that same military force would + be turned against the minority section which had sought its + protection; and that minority thus become mere subjugated + provinces under the great military government that it had thus + contributed to establish? The minority, incapable of aggression, + is, of necessity, always on the defensive, and often the victim + of the desertion of its followers and the faithlessness of its + allies. It therefore must maintain, not destroy, barriers. + + "I do not know that I fully appreciate the purpose of my friend + from Missouri; whether, when he spoke of establishing military + posts along the borders of the States, and arming the Federal + Government with adequate physical power to enforce + constitutional rights (I suppose he meant obligations), he meant + to confer upon this Federal Government a power which it does not + now possess to coerce a State. If he did, then, in the language + of Mr. Madison, he is providing, not for a union of States, but + for the destruction of States; he is providing, under the name + of Union, to carry on a war against States; and I care not + whether it be against Massachusetts or Missouri, it is equally + objectionable to me; and I will resist it alike in the one case + and in the other, as subversive of the great principle on which + our Government rests; as a heresy to be confronted at its first + presentation, and put down there, lest it grow into proportions + which will render us powerless before it. + + "The theory of our Constitution, Mr. President, is one of peace, + of equality of sovereign States. It was made by States and made + for States; and for greater assurance they passed an amendment, + doing that which was necessarily implied by the nature of the + instrument, as it was a mere instrument of grants. But, in the + abundance of caution, they declared that everything which had + not been delegated was reserved to the States, or to the + people--that is, to the State governments as instituted by the + people of each State, or to the people in their sovereign + capacity. + + "I need not, then, go on to argue from the history and nature of + our Government that no power of coercion exists in it. It is + enough for me to demand the clause of the Constitution which + confers the power. If it is not there, the Government does not + possess it. That is the plain construction of the + Constitution--made plainer, if possible, by its amendment. + + "This Union is dear to me as a Union of fraternal States. It + would lose its value if I had to regard it as a Union held + together by physical force. I would be happy to know that every + State now felt that fraternity which made this Union possible; + and, if that evidence could go out, if evidence satisfactory to + the people of the South could be given that that feeling existed + in the hearts of the Northern people, you might burn your + statute-books and we would cling to the Union still. But it is + because of their conviction that hostility, and not fraternity, + now exists in the hearts of the people, that they are looking to + their reserved rights and to their independent powers for their + own protection. If there be any good, then, which we can do, it + is by sending evidence to them of that which I fear does not + exist--the purpose of your constituents to fulfill in the spirit + of justice and fraternity all their constitutional obligations. + If you can submit to them that evidence, I feel confidence that, + with the assurance that aggression is henceforth to cease, will + terminate all the measures for defense. Upon you of the majority + section it depends to restore peace and perpetuate the Union of + equal States; upon us of the minority section rests the duty to + maintain our equality and community rights; and the means in one + case or the other must be such as each can control." + +The resolution of Mr. Powell was eventually adopted on the 18th of +December, and on the 20th the Committee was appointed, consisting of +Messrs. Powell and Crittenden, of Kentucky; Hunter, of Virginia; Toombs, +of Georgia; Davis, of Mississippi; Douglas, of Illinois; Bigler, of +Pennsylvania; Rice, of Minnesota; Collamer, of Vermont; Seward, of New +York; Wade, of Ohio; Doolittle, of Wisconsin; and Grimes, of Iowa. The +first five of the list, as here enumerated, were Southern men; the next +three were Northern Democrats, or Conservatives; the last five, Northern +"Republicans," so called. + +The supposition was that any measure agreed upon by the representatives +of the three principal divisions of public opinion would be approved by +the Senate and afterward ratified by the House of Representatives. The +Committee therefore determined that a majority of each of its three +divisions should be required in order to the adoption of any proposition +presented. The Southern members declared their readiness to accept any +terms that would secure the honor of the Southern States and guarantee +their future safety. The Northern Democrats and Mr. Crittenden generally +cooeperated with the State-Rights Democrats of the South; but the +so-called "Republican" Senators of the North rejected every proposition +which it was hoped might satisfy the Southern people, and check the +progress of the secession movement. After fruitless efforts, continued +for some ten days, the Committee determined to report the journal of +their proceedings, and announce their inability to attain any +satisfactory conclusion. This report was made on the 31st of +December--the last day of that memorable and fateful year, 1860. + +Subsequently, on the floor of the Senate, Mr. Douglas, who had been a +member of the Committee, called upon the opposite side to state what +they were willing to do. He referred to the fact that they had rejected +every proposition that promised pacification; stated that Toombs, of +Georgia, and Davis, of Mississippi, as members of the Committee, had +been willing to renew the Missouri Compromise, as a measure of +conciliation, but had met no responsive willingness on the part of their +associates of the opposition; and he pressed the point that, as they had +rejected every overture made by the friends of peace, it was now +incumbent upon _them_ to make a positive and affirmative declaration of +their purposes. + +Mr. Seward, of New York, as we have seen, was a member of that +Committee--the man who, in 1858, had announced the "irrepressible +conflict," and who, in the same year, speaking of and for abolitionism, +had said: "It has driven you back in California and in Kansas; it will +invade your soil." He was to be the Secretary of State in the incoming +Administration, and was very generally regarded as the "power behind the +throne," greater than the throne itself. He was present in the Senate, +but made no response to Mr. Douglas's demand for a declaration of +policy. + +Meantime the efforts for an adjustment made in the House of +Representatives had been equally fruitless. Conspicuous among these +efforts had been the appointment of a committee of thirty-three +members--one from each State of the Union--charged with a duty similar +to that imposed upon the Committee of Thirteen in the Senate, but they +had been alike unsuccessful in coming to any agreement. It is true that, +a few days afterward, they submitted a majority and two minority +reports, and that the report of the majority was ultimately adopted by +the House; but, even if this action had been unanimous, and had been +taken in due time, it would have been practically futile on account of +its absolute failure to provide or suggest any solution of the +territorial question, which was the vital point in controversy. + +No wonder, then, that, under the shadow of the failure of every effort +in Congress to find any common ground on which the sections could be +restored to amity, the close of the year should have been darkened by a +cloud in the firmament, which had lost even the silver lining so long +seen, or thought to be seen, by the hopeful. + + +[Footnote 19: The following extract from a letter of the Hon. O. R. +Singleton, then a Representative of Mississippi in the United States +Congress, in regard to the subject treated, is herewith annexed: + + "Canton, Mississippi, _July 14, 1877_. + + "In 1860, about the time the ordinance of secession was passed + by the South Carolina Convention, and while Mississippi, + Alabama, and other Southern States were making active + preparations to follow her example, a conference of the + Mississippi delegation in Congress, Senators and + Representatives, was asked for by Governor J. J. Pettus, for + consultation as to the course Mississippi ought to take in the + premises. + + "The meeting took place in the fall of 1860, at Jackson, the + capital; the whole delegation being present, with perhaps the + exception of one Representative. + + "The main question for consideration was: 'Shall Mississippi, as + soon as her Convention can meet, pass an ordinance of secession, + thus placing herself by the side of South Carolina, regardless + of the action of other States; or shall she endeavor to hold + South Carolina in check, and delay action herself, until other + States can get ready, through their conventions, to unite with + them, and then, on a given day and at a given hour, by concert + of action, all the States willing to do so, secede in a body?' + + "Upon the one side, it was argued that South Carolina could not + be induced to delay action a single moment beyond the meeting of + her Convention, and that our fate should be hers, and to delay + action would be to have her crushed by the Federal Government; + whereas, by the earliest action possible, we might be able to + avert this calamity. On the other side, it was contended that + delay might bring the Federal Government to consider the + emergency of the case, and perhaps a compromise could be + effected; but, if not, then the proposed concert of action would + at least give dignity to the movement, and present an undivided + Southern front. + + "The debate lasted many hours, and Mr. Davis, with perhaps one + other gentleman in that conference, opposed immediate and + separate State action, declaring himself opposed to secession as + long as the hope of a peaceable remedy remained. He did not + believe we ought to precipitate the issue, as he felt certain + from his knowledge of the people, North and South, that, once + there was a clash of arms, the contest would be one of the most + sanguinary the world had ever witnessed. + + "A majority of the meeting decided that no delay should be + interposed to separate State action, Mr. Davis being on the + other side; but, after the vote was taken and the question + decided, Mr. Davis declared he would stand by whatever action + the Convention representing the sovereignty of the State of + Mississippi might think proper to take. + + "After the conference was ended, several of its members were + dissatisfied with the course of Mr. Davis, believing that he was + entirely opposed to secession, and was seeking to delay action + upon the part of Mississippi, with the hope that it might be + entirely averted. + + "In some unimportant respects my memory may be at fault, and + possibly some of the inferences drawn may be incorrect; but + every material statement made, I am sure, is true, and if need, + can be, easily substantiated by other persons. + + "Very respectfully, your obedient servant," + + (Signed) "O. R. Singleton." +] + +[Footnote 20: Mr. Crittenden had been a life-long Whig. His first +entrance into the Senate was in 1817, and he was a member of that body +at various periods during the ensuing forty-four years. He was +Attorney-General in the Whig Cabinets of both General Harrison and Mr. +Fillmore, and supported the Bell and Everett ticket in 1860.] + +[Footnote 21: The vote was nineteen yeas to twenty nays; total, +thirty-nine. As the consent of two thirds of each House is necessary to +propose an amendment for action by the States, twenty-six of the votes +cast in the Senate would have been necessary to sustain the proposition. +It actually failed, therefore, by _seven_ votes, instead of _one_.] + + + + +CHAPTER IX. + + Preparations for withdrawal from the Union.--Northern + Precedents.--New England Secessionists.--Cabot, Pickering, + Quincy, etc.--On the Acquisition of Louisiana.--The Hartford + Convention.--The Massachusetts Legislature on the Annexation of + Texas, etc., etc. + + +The Convention of South Carolina had already (on the 20th of December, +1860) unanimously adopted an ordinance revoking her delegated powers and +withdrawing from the Union. Her representatives, on the following day, +retired from their seats in Congress. The people of the other planting +States had been only waiting in the lingering hope that some action +might be taken by Congress to avert the necessity for action similar to +that of South Carolina. In view of the failure of all overtures for +conciliation during the first month of the session, they were now making +their final preparations for secession. This was generally admitted to +be an unquestionable right appertaining to their sovereignty as States, +and the only _peaceable_ remedy that remained for the evils already felt +and the dangers apprehended. + +In the prior history of the country, repeated instances are found of the +assertion of this right, and of a purpose entertained at various times +to put it in execution. Notably is this true of Massachusetts and other +New England States. The acquisition of Louisiana, in 1803, had created +much dissatisfaction in those States, for the reason, expressed by an +eminent citizen of Massachusetts,[22] that "the influence of our [the +Northeastern] part of the Union must be diminished by the acquisition of +more weight at the other extremity." The project of a separation was +freely discussed, with no intimation, in the records of the period, of +any idea among its advocates that it could be regarded as treasonable or +revolutionary. + +Colonel Timothy Pickering, who had been an officer of the war of the +Revolution, afterward successively Postmaster-General, Secretary of War, +and Secretary of State, in the Cabinet of General Washington, and, still +later, long a representative of the State of Massachusetts in the Senate +of the United States, was one of the leading secessionists of his day. +Writing from Washington to a friend, on the 24th of December, 1803, he +says: + + "I will not yet despair. I will rather anticipate a _new + confederacy_, exempt from the corrupt and corrupting influence + and oppression of the aristocratic democrats of the South. There + will be (and our children, at farthest, will see it) a + separation. The white and black population will mark the + boundary."[23] + +In another letter, written a few weeks afterward (January 29, 1804), +speaking of what he regarded as wrongs and abuses perpetrated by the +then existing Administration, he thus expresses his views of the remedy +to be applied: + + "The principles of our Revolution point to the remedy--_a + separation_. That this can be accomplished, and without spilling + one drop of blood, I have little doubt.... + + "I do not believe in the practicability of a long-continued + Union. A _Northern Confederacy_ would unite congenial characters + and present a fairer prospect of public happiness; while the + Southern States, having a similarity of habits, might be left to + 'manage their own affairs in their own way.' If a separation + were to take place, our mutual wants would render a friendly and + commercial intercourse inevitable. The Southern States would + require the naval protection of the _Northern Union_, and the + products of the former would be important to the navigation and + commerce of the latter.... + + "It [the separation] must begin, in Massachusetts. The + proposition would be welcomed in Connecticut; and could we doubt + of New Hampshire? But New York must be associated; and how is + her concurrence to be obtained? She must be made the center of + the Confederacy. Vermont and New Jersey would follow of course, + and Rhode Island of necessity."[24] + +Substituting South Carolina for Massachusetts; Virginia for New York; +Georgia, Mississippi, and Alabama, for New Hampshire, Vermont, and Rhode +Island; Kentucky for New Jersey, etc., etc., we find the suggestions of +1860-'61 only a reproduction of those thus outlined nearly sixty years +earlier. + +Mr. Pickering seems to have had a correct and intelligent perception of +the altogether pacific character of the secession which he proposed, and +of the mutual advantages likely to accrue to both sections from a +peaceable separation. Writing in February, 1804, he explicitly disavows +the idea of hostile feeling or action toward the South, expressing +himself as follows: + + "While thus contemplating the only means of maintaining our + ancient institutions in morals and religion, and our equal rights, + we wish no ill to the Southern States and those naturally connected + with them. The public debts might be equitably apportioned + between the new confederacies, and a separation somewhere + about the line above suggested would divide the different characters + of the existing Union. The manners of the Eastern portion + of the States would be sufficiently congenial to form a Union, and + their interests are alike intimately connected with agriculture and + commerce. A friendly and commercial intercourse would be maintained + with the States in the Southern Confederacy as at present. + Thus all the advantages which have been for a few years depending + on the general Union would be continued to its respective portions, + without the jealousies and enmities which now afflict both, + and which peculiarly embitter the condition of that of the North. + It is not unusual for two friends, when disagreeing about the mode + of conducting a common concern, to separate and manage, each in + his own way, his separate interest, and thereby preserve a useful + friendship, which without such separation would infallibly be + destroyed."[25] + +Such were the views of an undoubted patriot who had participated in the +formation of the Union, and who had long been confidentially associated +with Washington in the administration of its Government, looking at the +subject from a Northern standpoint, within fifteen years after the +organization of that Government under the Constitution. Whether his +reasons for advocating a dissolution of the Union were valid and +sufficient, or not, is another question which it is not necessary to +discuss. His authority is cited only as showing the opinion prevailing +in the North at that day with regard to the _right_ of secession from +the Union, if deemed advisable by the ultimate and irreversible judgment +of the people of a sovereign State. + +In 1811, on the bill for the admission of Louisiana as a State of the +Union, the Hon. Josiah Quincy, a member of Congress from Massachusetts, +said + + "If this bill passes, it is my deliberate opinion that it is + virtually a dissolution of this Union; that it will free the + States from their moral obligation; and as it will be the right + of all, so it will be the duty of some, definitely to prepare + for a separation--amicably if they can, violently if they must." + +Mr. Poindexter, delegate from what was then the Mississippi Territory, +took exception to these expressions of Mr. Quincy, and called him to +order. The Speaker (Mr. Varnum, of Massachusetts) sustained Mr. +Poindexter, and decided that the suggestion of a dissolution of the +Union was out of order. An appeal was taken from this decision, _and it +was reversed_. Mr. Quincy proceeded to vindicate the propriety of his +position in a speech of some length, in the course of which he said: + + "Is there a principle of public law better settled or more + conformable to the plainest suggestions of reason than that the + violation of a contract by one of the parties may be considered + as exempting the other from its obligations? Suppose, in private + life, thirteen form a partnership, and ten of them undertake to + admit a new partner without the concurrence of the other three; + would it not be at their option to abandon the partnership after + so palpable an infringement of their rights? How much more in + the political partnership, where the admission of new + associates, without previous authority, is so pregnant with + obvious dangers and evils!" + +It is to be remembered that these men--Cabot, Pickering. Quincy, and +others--whose opinions and expressions have been cited, were not +Democrats, misled by extreme theories of State rights, but leaders and +expositors of the highest type of "Federalism, and of a strong central +Government." This fact gives their support of the right of secession the +greater significance. + +The celebrated Hartford Convention assembled in December, 1814. It +consisted of delegates chosen by the Legislatures of Massachusetts, +Rhode Island, and Connecticut, with an irregular or imperfect +representation from the other two New England States, New Hampshire and +Vermont,[26] convened for the purpose of considering the grievances +complained of by those States in connection with the war with Great +Britain. They sat with closed doors, and the character of their +deliberations and discussions has not been authentically disclosed. It +was generally understood, however, that the chief subject of their +considerations was the question of the withdrawal of the States they +represented from the Union. The decision, as announced in their +published report, was adverse to the expediency of such a measure at +that time, and under the then existing conditions; but they proceeded to +indicate the circumstances in which a dissolution of the Union might +become expedient, and the mode in which it should be effected; and their +theoretical plan of separation corresponds very nearly with that +actually adopted by the Southern States nearly fifty years afterward. +They say: + + "If the Union be destined to dissolution by reason of the + multiplied abuses of bad administration, it should, if possible, + be the work of peaceable times and deliberate consent. Some _new + form of confederacy_ should be substituted among those States + which shall intend to maintain a federal relation to each other. + Events may prove that the causes of our calamities are deep and + permanent. They may be found to proceed, not merely from the + blindness of prejudice, pride of opinion, violence of party + spirit, or the confusion of the times; but they may be traced to + implacable combinations of individuals or of States to + monopolize power and office, and to trample without remorse upon + the rights and interests of commercial sections of the Union. + Whenever it shall appear that the causes are radical and + permanent, a separation by equitable arrangement will be + preferable to an alliance by constraint among nominal friends, + but real enemies." + +The omission of the single word "commercial," which does not affect the +principle involved, is the only modification necessary to adapt this +extract exactly to the condition of the Southern States in 1860-'61. + +The obloquy which has attached to the members of the Hartford Convention +has resulted partly from a want of exact knowledge of their proceedings, +partly from the secrecy by which they were veiled, but mainly because it +was a recognized effort to paralyze the arm of the Federal Government +while engaged in a war arising from outrages committed upon American +seamen on the decks of American ships. The indignation felt was no doubt +aggravated by the fact that those ships belonged in a great extent to +the people who were now plotting against the war-measures of the +Government, and indirectly, if not directly, giving aid and comfort to +the public enemy. Time, which has mollified passion, and revealed many +things not then known, has largely modified the first judgment passed on +the proceedings and purposes of the Hartford Convention; and, but for +the circumstances of existing war which surrounded it, they might have +been viewed as political opinions merely, and have received +justification instead of censure. + +Again, in 1844-'45 the measures taken for the annexation of Texas evoked +remonstrances, accompanied by threats of a dissolution of the Union from +the Northeastern States. The Legislature of Massachusetts, in 1844, +adopted a resolution, declaring, in behalf of that State, that "the +Commonwealth of Massachusetts, faithful to the compact between the +people of the United States, according to the plain meaning and intent +in which it was understood by them, is sincerely anxious for its +preservation; but that it is determined, as it doubts not the other +States are, _to submit to undelegated powers in no body of men on +earth_"; and that "the project of the annexation of Texas, unless +arrested on the threshold, _may tend to drive these States into a +dissolution of the Union_." + +Early in the next year (February 11, 1845), the same Legislature adopted +and communicated to Congress a series of resolutions on the same +subject, in one of which it was declared that, "as the powers of +legislation granted in the Constitution of the United States to Congress +do not embrace a case of the admission of a foreign state or foreign +territory, by legislation, into the Union, such an act of admission +would have _no binding force whatever on the people of Massachusetts_"-- +language which must have meant that the admission of Texas would be a +justifiable ground for secession, unless it was intended to announce the +purpose of nullification. + +It is evident, therefore, that the people of the South, in the crisis +which confronted them in 1860, had no lack either of precept or of +precedent for their instruction and guidance in the teaching and the +example of our brethren of the North and East. The only practical +difference was, that the North threatened and the South acted. + + +[Footnote 22: George Cabot, who had been United States Senator from +Massachusetts for several years during the Administration of +Washington.--(See "Life of Cabot," by Lodge, p. 334.)] + +[Footnote 23: See "Life of Cabot," p. 491; letter of Pickering to +Higginson.] + +[Footnote 24: Pickering to Cabot, "Life of Cabot," pp. 338-340.] + +[Footnote 25: Letter to Theodore Lyman, "Life of Cabot," pp. 445, 446.] + +[Footnote 26: Maine was not then a State.] + + + + +CHAPTER X. + + False Statements of the Grounds for Separation.--Slavery not the + Cause, but an Incident.--The Southern People not "Propagandists" + of Slavery.--Early Accord among the States with regard to + African Servitude.--Statement of the Supreme Court.--Guarantees + of the Constitution.--Disregard of Oaths.--Fugitives from + Service and the "Personal Liberty Laws."--Equality in the + Territories the Paramount Question.--The Dred Scott + Case.--Disregard of the Decision of the Supreme + Court.--Culmination of Wrongs.--Despair of their + Redress.--Triumph of Sectionalism. + + +At the period to which this review of events has advanced, one State had +already withdrawn from the Union. Seven or eight others were preparing +to follow her example, and others yet were anxiously and doubtfully +contemplating the probably impending necessity of taking the same +action. The efforts of Southern men in Congress, aided by the +cooeperation of the Northern friends of the Constitution, had failed, by +the stubborn refusal of a haughty majority, controlled by "radical" +purposes, to yield anything to the spirit of peace and conciliation. +This period, coinciding, as it happens, with the close of a calendar +year, affords a convenient point to pause for a brief recapitulation of +the causes which had led the Southern States into the attitude they then +held, and for a more full exposition of the constitutional questions +involved. + +The reader of many of the treatises on these events, which have been put +forth as historical, if dependent upon such alone for information, might +naturally enough be led to the conclusion that the controversies which +arose between the States, and the war in which they culminated, were +caused by efforts on the one side to extend and perpetuate human +slavery, and on the other to resist it and establish human liberty. The +Southern States and Southern people have been sedulously represented as +"propagandists" of slavery, and the Northern as the defenders and +champions of universal freedom, and this view has been so arrogantly +assumed, so dogmatically asserted, and so persistently reiterated, that +its authors have, in many cases, perhaps, succeeded in bringing +themselves to believe it, as well as in impressing it widely upon the +world. + +The attentive reader of the preceding chapters--especially if he has +compared their statements with contemporaneous records and other +original sources of information--will already have found evidence enough +to enable him to discern the falsehood of these representations, and to +perceive that, to whatever extent the question of slavery may have +served as an _occasion_, it was far from being the _cause_ of the +conflict. + +I have not attempted, and shall not permit myself to be drawn into any +discussion of the merits or demerits of slavery as an ethical or even as +a political question. It would be foreign to my purpose, irrelevant to +my subject, and would only serve--as it has invariably served, in the +hands of its agitators--to "darken counsel" and divert attention from +the genuine issues involved. + +As a mere historical fact, we have seen that African servitude among +us--confessedly the mildest and most humane of all institutions to which +the name "slavery" has ever been applied--existed in all the original +States, and that it was recognized and protected in the fourth article +of the Constitution. Subsequently, for climatic, industrial, and +economical--not moral or sentimental--reasons, it was abolished in the +Northern, while it continued to exist in the Southern States. Men +differed in their views as to the abstract question of its right or +wrong, but for two generations after the Revolution there was no +geographical line of demarkation for such differences. The African +slave-trade was carried on almost exclusively by New England merchants +and Northern ships. Mr. Jefferson--a Southern man, the founder of the +Democratic party, and the vindicator of State rights--was in theory a +consistent enemy to every form of slavery. The Southern States took the +lead in prohibiting the slave-trade, and, as we have seen, one of them +(Georgia) was the first State to incorporate such a prohibition in her +organic Constitution. Eleven years after the agitation on the Missouri +question, when the subject first took a sectional shape, the abolition +of slavery was proposed and earnestly debated in the Virginia +Legislature, and its advocates were so near the accomplishment of their +purpose, that a declaration in its favor was defeated only by a small +majority, and that on the ground of expediency. At a still later period, +abolitionist lecturers and teachers were mobbed, assaulted, and +threatened with tar and feathers in New York, Pennsylvania, +Massachusetts, New Hampshire, Connecticut, and other States. One of them +(Lovejoy) was actually killed by a mob in Illinois as late as 1837. + +These facts prove incontestably that the sectional hostility which +exhibited itself in 1820, on the application of Missouri for admission +into the Union, which again broke out on the proposition for the +annexation of Texas in 1844, and which reappeared after the Mexican war, +never again to be suppressed until its fell results had been fully +accomplished, was not the consequence of any difference on the abstract +question of slavery. It was the offspring of sectional rivalry and +political ambition. It would have manifested itself just as certainly if +slavery had existed in all the States, or if there had not been a negro +in America. No such pretension was made in 1803 or 1811, when the +Louisiana purchase, and afterward the admission into the Union of the +State of that name, elicited threats of disunion from the +representatives of New England. The complaint was not of slavery, but of +"the acquisition of more weight at the other extremity" of the Union. It +was not slavery that threatened a rupture in 1832, but the unjust and +unequal operation of a protective tariff. + +It happened, however, on all these occasions, that the line of +demarkation of sectional interests coincided exactly or very nearly with +that dividing the States in which negro servitude existed from those in +which it had been abolished. It corresponded with the prediction of Mr. +Pickering, in 1803, that, in the separation certainly to come, "the +white and black population would mark the boundary"--a prediction made +without any reference to slavery as a source of dissension. + +Of course, the diversity of institutions contributed, in some minor +degree, to the conflict of interests. There is an action and reaction of +cause and consequence, which limits and modifies any general statement +of a political truth. I am stating general principles--not defining +modifications and exceptions with the precision of a mathematical +proposition or a bill in chancery. The truth remains intact and +incontrovertible, that the existence of African servitude was in no wise +the cause of the conflict, but only an incident. In the later +controversies that arose, however, its effect in operating as a lever +upon the passions, prejudices, or sympathies of mankind, was so potent +that it has been spread, like a thick cloud, over the whole horizon of +historic truth. + +As for the institution of negro servitude, it was a matter entirely +subject to the control of the States. No power was ever given to the +General Government to interfere with it, but an obligation was imposed +to protect it. Its existence and validity were distinctly recognized by +the Constitution in at least three places: + +First, in that part of the second section of the first article which +prescribes that "representatives and direct taxes shall be apportioned +among the several States which may be included within this Union, +according to their respective members, which shall be determined by +adding to the whole number of free persons, including those bound to +service for a term of years, and, excluding Indians not taxed, three +fifths of all other persons." "_Other_ persons" than "_free_ persons" +and those "bound to service for a term of years" must, of course, have +meant those permanently bound to service. + +Secondly, it was recognized by the ninth section of the same article, +which provided that "the migration or importation of such persons as any +of the States now existing shall think proper to admit shall not be +prohibited by Congress prior to the year one thousand eight hundred and +eight." This was a provision inserted for the protection of the +interests of the slave-trading New England States, forbidding any +prohibition of the trade by Congress for twenty years, and thus +virtually giving sanction to the legitimacy of the demand which that +trade was prosecuted to supply, and which was its only object. + +Again, and in the third place, it was specially recognized, and an +obligation imposed upon every State, not only to refrain from +interfering with it in any other State, but in certain cases to aid in +its enforcement, by that clause, or paragraph, of the second section of +the fourth article which provides as follows: + + "No person held to service or labor in one State, under the laws + thereof, escaping into another, shall, in consequence of any law + or regulation therein, be discharged from such service or labor, + but shall be delivered up on claim of the party to whom such + service or labor may be due." + +The President and Vice-President of the United States, every Senator and +Representative in Congress, the members of every State Legislature, and +"all executive and judicial officers, both of the United States and of +the several States," were required to take an oath (or affirmation) to +support the Constitution containing these provisions. It is easy to +understand how those who considered them in conflict with the "higher +law" of religion or morality might refuse to take such an oath or hold +such an office--as the members of some religious sects refuse to take +any oath at all or to bear arms in the service of their country--but it +is impossible to reconcile with the obligations of honor or honesty the +conduct of those who, having taken such an oath, made use of the powers +and opportunities of the offices held under its sanctions to nullify its +obligations and neutralize its guarantees. The halls of Congress +afforded the vantage-ground from which assaults were made upon these +guarantees. The Legislatures of various Northern States enacted laws to +hinder the execution of the provisions made for the rendition of +fugitives from service; State officials lent their aid to the work of +thwarting them; and city mobs assailed the officers engaged in the duty +of enforcing them. + +With regard to the provision of the Constitution above quoted, for the +restoration of fugitives from service or labor, my own view was, and is, +that it was not a proper subject for legislation by the Federal +Congress, but that its enforcement should have been left to the +respective States, which, as parties to the compact of union, should +have been held accountable for its fulfillment. Such was actually the +case in the earlier and better days of the republic. No fugitive +slave-law existed, or was required, for two years after the organization +of the Federal Government, and, when one was then passed, it was merely +as an incidental appendage to an act regulating the mode of rendition of +fugitives from _justice_--not from service or labor.[27] + +In 1850 a more elaborate law was enacted as part of the celebrated +compromise of that year. But the very fact that the Federal Government +had taken the matter into its own hands, and provided for its execution +by its own officers, afforded a sort of pretext to those States which +had now become hostile to this provision of the Constitution, not only +to stand aloof, but in some cases to adopt measures (generally known as +"personal liberty laws") directly in conflict with the execution of the +provisions of the Constitution. + +The preamble to the Constitution declared the object of its founders to +be, "to form a more perfect union, establish justice, insure domestic +tranquillity, provide for the common defense, promote the general +welfare, and secure the blessings of liberty to ourselves and our +posterity." Now, however (in 1860), the people of a portion of the +States had assumed an attitude of avowed hostility, not only to the +provisions of the Constitution itself, but to the "domestic +tranquillity" of the people of other States. Long before the formation +of the Constitution, one of the charges preferred in the Declaration of +Independence against the Government of Great Britain, as justifying the +separation of the colonies from that country, was that of having +"excited domestic insurrections among us." Now, the mails were burdened +with incendiary publications, secret emissaries had been sent, and in +one case an armed invasion of one of the States had taken place for the +very purpose of exciting "domestic insurrection." + +It was not the passage of the "personal liberty laws," it was not the +circulation of incendiary documents, it was not the raid of John Brown, +it was not the operation of unjust and unequal tariff laws, nor all +combined, that constituted the intolerable grievance, but it was the +systematic and persistent struggle to deprive the Southern States of +equality in the Union--generally to discriminate in legislation against +the interests of their people; culminating in their exclusion from the +Territories, the common property of the States, as well as by the +infraction of their compact to promote domestic tranquillity. + +The question with regard to the Territories has been discussed in the +foregoing chapters, and the argument need not be repeated. There was, +however, one feature of it which has not been specially noticed, +although it occupied a large share of public attention at the time, and +constituted an important element in the case. This was the action of the +Federal judiciary thereon, and the manner in which it was received. + +In 1854 a case (the well-known "Dred Scott case") came before the +Supreme Court of the United States, involving the whole question of the +_status_ of the African race and the rights of citizens of the Southern +States to migrate to the Territories, temporarily or permanently, with +their slave property, on a footing of equality with the citizens of +other States with _their_ property of any sort. This question, as we +have seen, had already been the subject of long and energetic +discussion, without any satisfactory conclusion. All parties, however, +had united in declaring, that a decision by the Supreme Court of the +United States--the highest judicial tribunal in the land--would be +accepted as final. After long and patient consideration of the case, in +1857, the decision of the Court was pronounced in an elaborate and +exhaustive opinion, delivered by Chief-Justice Taney--a man eminent as a +lawyer, great as a statesman, and stainless in his moral +reputation--seven of the nine judges who composed the Court, concurring +in it. The salient points established by this decision were: + + 1. That persons of the African race were not, and could not be, + acknowledged as "part of the people," or citizens, under the + Constitution of the United States; + + 2. That Congress had no right to exclude citizens of the South + from taking their negro servants, as any other property, into + any part of the common territory, and that they were entitled to + claim its protection therein; + + 3. And, finally, as a consequence of the principle just above + stated, that the Missouri Compromise of 1820, in so far as it + prohibited the existence of African servitude north of a + designated line, was unconstitutional and void.[28] (It will be + remembered that it had already been declared "inoperative and + void" by the Kansas-Nebraska Bill of 1854.) + +Instead of accepting the decision of this then august tribunal--the +ultimate authority in the interpretation of constitutional questions--as +conclusive of a controversy that had so long disturbed the peace and was +threatening the perpetuity of the Union, it was flouted, denounced, and +utterly disregarded by the Northern agitators, and served only to +stimulate the intensity of their sectional hostility. + +What resource for justice--what assurance of tranquillity--what +guarantee of safety--now remained for the South? Still forbearing, still +hoping, still striving for peace and union, we waited until a sectional +President, nominated by a sectional convention, elected by a sectional +vote--and that the vote of a minority of the people--was about to be +inducted into office, under the warning of his own distinct announcement +that the Union could not permanently endure "half slave and half free"; +meaning thereby that it could not continue to exist in the condition in +which it was formed and its Constitution adopted. The leader of his +party, who was to be the chief of his Cabinet, was the man who had first +proclaimed an "irrepressible conflict" between the North and the South, +and who had declared that abolitionism, having triumphed in the +Territories, would proceed to the invasion of the States. Even then the +Southern people did not finally despair until the temper of the +triumphant party had been tested in Congress and found adverse to any +terms of reconciliation consistent with the honor and safety of all +parties. + +No alternative remained except to seek the security out of the Union +which they had vainly tried to obtain within it. The hope of our people +may be stated in a sentence. It was to escape from injury and strife in +the Union, to find prosperity and peace out of it. The mode and +principles of their action will next be presented. + + +[Footnote 27: "There was but little necessity in those times, nor long +after, for an act of Congress to authorize the recovery of fugitive +slaves. The laws of the free States and, still more, the force of public +opinion were the owners' best safeguards. Public opinion was against the +abduction of slaves; and, if any one was seduced from his owner, it was +done furtively and secretly, without show or force, and as any other +moral offense would be committed. State laws favored the owner, and to a +greater extent than the act of Congress did or could. In Pennsylvania +there was an act (it was passed in 1780, and only repealed in 1847) +discriminating between the traveler and sojourner and the permanent +resident, allowing the former to remain six months in the State before +his slaves would become subject to the emancipation laws; and, in the +case of a Federal officer, allowing as much more time as his duties +required him to remain. New York had the same act, only varying in time, +which was nine months. While these two acts were in force, and supported +by public opinion, the traveler and sojourner was safe with his slaves +in those States, and the same in the other free States. There was no +trouble about fugitive slaves in those times."--(Note to Benton's +"Abridgment of Debates," vol. i, p. 417.)] + +[Footnote 28: The Supreme Court of the United States in stating (through +Chief-Justice Taney) their decision in the "Dred Scott case," in 1857, +say: "In that portion of the United States where the labor of the negro +race was found to be unsuited to the climate and unprofitable to the +master, but few slaves were held at the time of the Declaration of +Independence; and, when the Constitution was adopted, it had entirely +worn out in one of them, and measures had been taken for its gradual +abolition in several others. But this change had not been produced by +any change of opinion in relation to this race, but because it was +discovered from experience that slave-labor was unsuited to the climate +and productions of these States; for some of these States, when it had +ceased, or nearly ceased, to exist, were actively engaged in the +slave-trade; procuring cargoes on the coast of Africa, and transporting +them for sale to those parts of the Union where their labor was found to +be profitable and suited to the climate and productions. And this +traffic was openly carried on, and fortunes accumulated by it, without +reproach from the people of the States where they resided." + +This statement, it must be remembered, does not proceed from any +partisan source, but is extracted from a judicial opinion pronounced by +the highest court in the country. In illustration of the truthfulness of +the latter part of it, may be mentioned the fact that a citizen of Rhode +Island (James D'Wolf), long and largely concerned in the slave-trade, +was sent from that State to the Senate of the United States as late as +the year 1821. In 1825 he resigned his seat in the Senate and removed to +Havana, where he lived for many years, actively engaged in the same +pursuit, as president of a slave-trading company. The story is told of +him that, on being informed that the "trade" was to be declared piracy, +he smiled and said, "So much the better for us--the Yankees will be the +only people not scared off by such a declaration."] + + + + +PART II. + +THE CONSTITUTION. + +CHAPTER I. + + The Original Confederation.--"Articles of Confederation and + Perpetual Union."--Their Inadequacy ascertained.--Commercial + Difficulties.--The Conference at Annapolis.--Recommendation of a + General Convention.--Resolution of Congress.--Action of the + Several States.--Conclusions drawn therefrom. + + +When certain American colonies of Great Britain, each acting for itself, +although in concert with the others, determined to dissolve their +political connection with the mother-country, they sent their +representatives to a general Congress of those colonies, and through +them made a declaration that the Colonies were, and of right ought to +be, "free and independent States." As such they contracted an alliance +for their "common defense," successfully resisted the effort to reduce +them to submission, and secured the recognition by Great Britain of +their separate independence; each State being distinctly recognized +under its own name--not as one of a group or nation. That this was not +merely a foreign view is evident from the second of the "Articles of +Confederation" between the States, adopted subsequently to the +Declaration of Independence, which is in these words: "Each State +retains its sovereignty, freedom, and independence, and every power, +jurisdiction, and right, which is not by this Confederation expressly +delegated to the United States in Congress assembled." + +These "Articles of Confederation and Perpetual Union between the +States," as they were styled in their title, were adopted by eleven of +the original States in 1778, and by the other two in the course of the +three years next ensuing, and continued in force until 1789. During this +period the General Government was vested in the Congress alone, in which +each State, through its representatives, had an equal vote in the +determination of all questions whatever. The Congress exercised all the +executive as well as legislative powers delegated by the States. When +not in session the general management of affairs was intrusted to a +"Committee of the States," consisting of one delegate from each State. +Provision was made for the creation, by the Congress, of courts having a +certain specified jurisdiction in admiralty and maritime cases, and for +the settlement of controversies between two or more States in a mode +specifically prescribed. + +The Government thus constituted was found inadequate for some necessary +purposes, and it became requisite to reorganize it. The first idea of +such reorganization arose from the necessity of regulating the +commercial intercourse of the States with one another and with foreign +countries, and also of making some provision for payment of the debt +contracted during the war for independence. These exigencies led to a +proposition for a meeting of commissioners from the various States to +consider the subject. Such a meeting was held at Annapolis in September, +1786; but, as only five States (New York, New Jersey, Delaware, +Pennsylvania, and Virginia) were represented, the Commissioners declined +to take any action further than to recommend another Convention, with a +wider scope for consideration. As they expressed it, it was their +"unanimous conviction that it may essentially tend to advance the +interests of the Union, if the States, by whom they have been +respectively delegated, would themselves concur, and use their endeavors +to procure the concurrence of the other States, in the appointment of +commissioners, to meet at Philadelphia on the second Monday in May next, +to take into consideration the situation of the United States, to devise +such further provisions as shall appear to them necessary to render the +Constitution of the Federal Government adequate to the exigencies of the +Union, and to report such an act for that purpose to the United States +in Congress assembled, as, when agreed to by them, and afterward +confirmed by the Legislatures of every State, will effectually provide +for the same." + +It is scarcely necessary to remind the well-informed reader that the +terms, "Constitution of the Federal Government," employed above, and +"Federal Constitution," as used in other proceedings of that period, do +not mean the instrument to which we now apply them; and which was not +then in existence. They were applied to the system of government +formulated in the Articles of Confederation. This is in strict accord +with the definition of the word constitution, given by an eminent +lexicographer:[29] "The body of fundamental laws, as contained in +written documents or prescriptive usage, which constitute the form of +government for a nation, state, community, association, or society."[30] +Thus we speak of the British Constitution, which is an unwritten system +of "prescriptive usage"; of the Constitution of Massachusetts or of +Mississippi, which is the fundamental or organic law of a particular +State embodied in a written instrument; and of the Federal Constitution +of the United States, which is the fundamental law of an association of +States, at first as embraced in the Articles of Confederation, and +afterward as revised, amended, enlarged, and embodied in the instrument +framed in 1787, and subsequently adopted by the various States. The +manner in which this revision was effected was as follows. Acting on the +suggestion of the Annapolis Convention, the Congress, on the 21st of the +ensuing February (1787), adopted the following resolution: + + "_Resolved_, That, in the opinion of Congress, it is expedient + that, on the second Monday in May next, a convention of + delegates, who shall have been appointed by the several States, + be held at Philadelphia, for the sole and express purpose of + revising the Articles of Confederation, and reporting to + Congress and the several Legislatures, such alterations and + provisions therein as shall, when agreed to in Congress and + confirmed by the States, render the Federal Constitution + adequate to the exigencies of Government and the preservation of + the Union." + +The language of this resolution, substantially according with that of +the recommendation made by the commissioners at Annapolis a few months +before, very clearly defines the objects of the proposed Convention and +the powers which it was thought advisable that the States should confer +upon their delegates. These were, "solely and expressly," as follows: + + 1. "To revise the Articles of Confederation with reference to + the 'situation of the United States'; + + 2. "To devise such alterations and provisions therein as should + seem to them requisite in order to render 'the Federal + Constitution,' or 'Constitution of the Federal Government,' + adequate to 'the exigencies of the Union,' or 'the exigencies of + the Government and the preservation of the Union'; + + 3. "To report the result of their deliberations--that is, the + 'alterations and provisions' which they should agree to + recommend--to Congress and the Legislatures of the several + States." + +Of course, their action could be only advisory until ratified by the +States. The "Articles of Confederation and Perpetual Union," under which +the States were already united, provided that no alteration should be +made in any of them, "unless such alteration be agreed to in a Congress +of the United States, and afterward confirmed by the Legislatures of +every State." + +The Legislatures of the various States, with the exception of Rhode +Island, adopted and proceeded to act upon these suggestions by the +appointment of delegates--some of them immediately upon the +recommendation of the Annapolis Commissioners in advance of that of the +Congress, and the others in the course of a few months after the +resolution adopted by Congress. The instructions given to these +delegates in all cases conformed to the recommendations which have been +quoted, and in one case imposed an additional restriction or limitation. +As this is a matter of much importance, in order to a right +understanding of what follows, it may be advisable to cite in detail the +action of the several States, italicizing such passages as are specially +significant of the duties and powers of the delegates to the Convention. + +The General Assembly of Virginia, after reciting the recommendation made +at Annapolis, enacted: "That seven commissioners be appointed by joint +ballot of both Houses of Assembly, who, or any three of them, are hereby +authorized, as deputies from this Commonwealth, to meet such deputies as +may be appointed and authorized by other States, to assemble in +convention at Philadelphia, as above recommended, and to join with them +in devising and discussing _all such alterations and further provisions +as may be necessary to render the Federal Constitution adequate to the +exigencies of the Union, and in reporting such an act for that purpose +to the United States in Congress, as, when agreed to by them, and duly +confirmed by the several States_, will effectually provide for the +same." + +The Council and Assembly of New Jersey issued commissions to their +delegates to meet such commissioners as have been, or may be, appointed +by _the other States of the Union_, at the city of Philadelphia, in the +Commonwealth of Pennsylvania, on the second Monday in May next, "_for the +purpose of taking into consideration the state of the Union as to trade +and other important objects, and of devising such other provisions as +shall appear to be necessary to render the Constitution of the Federal +Government adequate to the exigencies thereof_." + +The act of the General Assembly of Pennsylvania constituted and +appointed certain deputies, designated by name, "with powers to meet +such deputies as may be _appointed and authorized by the other States_ +... and to join with them in devising, deliberating on, and discussing +_all such alterations and further provisions_ as may be necessary _to +render the Federal Constitution fully adequate to the exigencies of the +Union_, and in reporting such act or acts for that purpose, to the +United States in Congress assembled, as, _when agreed to by them and +duly confirmed by the several States_, will effectually provide for the +same." + +The General Assembly of North Carolina enacted that commissioners should +be appointed by joint ballot of both Houses, "to meet and confer with +such deputies as may be _appointed by the other States_ for similar +purposes, and with them to discuss and decide upon _the most effectual +means to remove the defects of our Federal Union, and to procure the +enlarged purposes which it was intended to effect; and that they report +such an act to the General Assembly of this State, as, when agreed to by +them_, will effectually provide for the same." (In the case of this +State alone nothing is said of a report to Congress. Neither North +Carolina nor any other State, however, fails to make mention of the +necessity of a submission of any action taken to the several States for +ratification.) + +The commissions issued to the representatives of South Carolina, by the +Governor, refer to an act of the Legislature of that State authorizing +their appointment "to meet such deputies or commissioners as may be +_appointed and authorized by other of the United States_," at the time +and place designated, and to join with them "in devising and discussing +all _such alterations, clauses, articles, and provisions_, as may be +thought necessary _to render the Federal Constitution entirely adequate_ +to the actual situation and future good government of the _Confederate +States_," and to "join in reporting such an act to the United States in +Congress assembled, as, _when approved and agreed to by them, and duly +ratified and confirmed by the several States_, will effectually provide +for the exigencies of the Union." In these commissions the expression, +"alterations, clauses, articles, and provisions," clearly indicates the +character of the duties which the deputies were expected to discharge. + +The General Assembly of Georgia "ordained" the appointment of certain +commissioners, specified by name, who were "authorized, as deputies from +this State, to meet such deputies as may be _appointed and authorized by +other States_, to assemble in convention at Philadelphia, and to join +with them in devising and discussing _all such alterations and further +provisions_ as may be necessary _to render the Federal Constitution +adequate to the exigencies of the Union_, and in reporting such an act +for that purpose to the United States in Congress assembled, as, _when +agreed to by them, and duly confirmed by the several States_, will +effectually provide for the same." + +The authority conferred upon their delegates by the Assembly of New York +and the General Court of Massachusetts was in each case expressed in the +exact words of the advisory resolution of Congress: they were instructed +to meet the delegates of the other States "for the sole and express +purpose of _revising the Articles of Confederation_, and reporting to +Congress and to the several Legislatures _such alterations and +provisions therein_ as shall, when agreed to in Congress, and confirmed +by the several States, _render the Federal Constitution adequate to the +exigencies of the Union_." + +The General Assembly of Connecticut designated the delegates of that +State by name, and empowered them, in conference with the delegates of +other States, "to discuss upon such alterations and provisions, +agreeable to the general principles of republican government, as they +shall think proper to render the Federal Constitution adequate to the +exigencies of the Government and the preservation of the Union," and +"_to report such alterations and provisions as may be agreed to by a +majority of the United States in convention_, to the Congress of the +United States and to the General Assembly of this State." + +The General Court of New Hampshire authorized and empowered the deputies +of that State, _in conference with those of other States_, "to discuss +and decide upon the most effectual means _to remedy the defects of our +Federal Union, and to procure and secure the enlarged purposes which it +was intended to effect_"--language almost identical with that of North +Carolina, but, like the other States in general, instructed them to +report the result of their deliberations to Congress for the action of +that body, and subsequent confirmation "by the several States." + +The delegates from Maryland were appointed by the General Assembly of +that State, and instructed "to meet such deputies as may be appointed +and authorized _by any other of the United States_, to assemble in +convention at Philadelphia, _for the purpose of revising the Federal +system_, and to join with them in considering such alterations and +further provisions," etc.--the remainder of their instructions being in +the same words as those given to the Georgia delegates. + +The instructions given to the deputies of Delaware were substantially in +accord with the others--being almost literally identical with those of +Pennsylvania--but the following proviso was added: "So, always, and +provided, that such alterations or further provisions, or any of them, +do not extend to that part of the fifth article of the Confederation of +the said States, finally ratified on the first day of March, in the year +1781, which declares that, '_in determining questions in the United +States in Congress assembled, each State shall have one vote_.'" + +Rhode Island, as has already been mentioned, sent no delegates. + +From an examination and comparison of the enactments and instructions +above quoted, we may derive certain conclusions, so obvious that they +need only to be stated: + +1. In the first place, it is clear that the delegates to the Convention +of 1787 represented, not _the people of the United States_ in mass, as +has been most absurdly contended by some political writers, but _the +people_ of the several States, _as States_--just as in the Congress of +that period--Delaware, with her sixty thousand inhabitants, having +entire equality with Pennsylvania, which had more than four hundred +thousand, or Virginia, with her seven hundred and fifty thousand. + +2. The object for which they were appointed was not to organize a _new_ +Government, but "solely and expressly" to amend the "Federal +Constitution" already existing; in other words, "to revise the Articles +of Confederation," and to suggest such "alterations" or additional +"provisions" as should be deemed necessary to render them "adequate to +the exigencies of the Union." + +3. It is evident that the term "Federal Constitution," or its +equivalent, "Constitution of the Federal Government," was as freely and +familiarly applied to the system of government established by the +Articles of Confederation--undeniably a league or compact between States +expressly retaining their sovereignty and independence--as to that +amended system which was substituted for it by the Constitution that +superseded those articles. + +4. The functions of the delegates to the Convention were, of course, +only to devise, deliberate, and discuss. No validity could attach to any +action taken, unless and until it should be afterward ratified by the +several States. It is evident, also, that what was contemplated was the +process provided in the Articles of Confederation for their own +amendment--first, a recommendation by the Congress; and, afterward, +ratification "by the Legislatures of every State," before the amendment +should be obligatory upon any. The departure from this condition, which +actually occurred, will presently be noticed. + + +[Footnote 29: Dr. Worcester.] + +[Footnote 30: This definition is very good as far as it goes, but "the +form of government" is a phrase which falls short of expressing all that +should be comprehended. Perhaps it would be more accurate to say, "which +constitute the form, _define the powers, and prescribe the functions_ of +government," etc. The words in italics would make the definition more +complete.] + + + + +CHAPTER II. + + The Convention of 1787.--Diversity of Opinion.--Luther Martin's + Account of the Three Parties.--The Question of + Representation.--Compromise effected.--Mr. Randolph's + Resolutions.--The Word "National" condemned.--Plan of Government + framed.--Difficulty with Regard to Ratification, and its + Solution.--Provision for Secession from the Union.--Views of Mr. + Gerry and Mr. Madison.--False Interpretations.--Close of the + Convention. + + +When the Convention met in Philadelphia, in May, 1787, it soon became +evident that the work before it would take a wider range and involve +more radical changes in the "Federal Constitution" than had at first +been contemplated. Under the Articles of Confederation the General +Government was obliged to rely upon the governments of the several +States for the execution of its enactments. Except its own officers and +employees, and in time of war the Federal army and navy, it could +exercise no control upon individual citizens. With regard to the States, +no compulsory or coercive measures could be employed to enforce its +authority, in case of opposition or indifference to its exercise. This +last was a feature of the Confederation which it was not desirable nor +possible to change, and no objection was made to it; but it was +generally admitted that some machinery should be devised to enable the +General Government to exercise its legitimate functions by means of a +mandatory authority operating directly upon the individual citizens +within the limits of its constitutional powers. The necessity for such +provision was undisputed. + +Beyond the common ground of a recognition of this necessity there was a +wide diversity of opinion among the members of the Convention. Luther +Martin, a delegate from Maryland, in an account of its proceedings, +afterward given to the Legislature of that State, classifies these +differences as constituting three parties in the Convention, which he +describes as follows: + + "One party, whose object and wish it was to abolish and + annihilate all State governments, and to bring forward one + General Government over this extensive continent of a + monarchical nature, under certain restrictions and limitations. + Those who openly avowed this sentiment were, it is true, but + few; yet it is equally true that there was a considerable + number, who did not openly avow it, who were, by myself and many + others of the Convention, considered as being in reality + favorers of that sentiment.... + + "The second party was not for the abolition of the State + governments nor for the introduction of a monarchical government + under any form; but they wished to establish such a system as + could give their own States undue power and influence in the + government over the other States. + + "A third party was what I considered truly federal and + republican. This party was nearly equal in number with the other + two, and was composed of the delegates from Connecticut, New + York, New Jersey, Delaware, and in part from Maryland; also of + some individuals from other representations. This party were for + proceeding upon terms of federal equality: they were for taking + our present federal system as the basis of their proceedings, + and, as far as experience had shown that other powers were + necessary to the Federal Government, to give those powers. They + considered this the object for which they were sent by their + States, and what their States expected from them." + +In his account of the second party above described, Mr. Martin refers to +those representatives of the larger States who wished to establish a +numerical basis of representation in the Congress, instead of the equal +representation of the States (whether large or small) which existed +under the Articles of Confederation. There was naturally much +dissatisfaction on the part of the greater States--Virginia, +Pennsylvania, North Carolina, and Massachusetts--whose population at +that period exceeded that of all the others combined, but which, in the +Congress, constituted less than one third of the voting strength. On the +other hand, the smaller States were tenacious of their equality in the +Union. Of the very smallest, one, as we have seen, had sent no +representatives to the Convention, and the other had instructed her +delegates, unconditionally, to insist upon the maintenance of absolute +equality in the Congress. This difference gave more trouble than any +other question that came before the Convention, and for some time +threatened to prove irreconcilable and to hinder any final agreement. It +was ultimately settled by a compromise. Provision was made for the +representation of the people of the States in one branch of the Federal +Legislature (the House of Representatives) in proportion to their +numbers; in the other branch (the Senate), for the equal representation +of the States as such. The perpetuity of this equality was furthermore +guaranteed by a stipulation that no State should ever be deprived of its +equal suffrage in the Senate without its own consent.[31] This +compromise required no sacrifice of principle on either side, and no +provision of the Constitution has in practice proved more entirely +satisfactory. + +It is not necessary, and would be beyond the scope of this work, to +undertake to give a history of the proceedings of the Convention of +1787. That may be obtained from other sources. All that is requisite for +the present purpose is to notice a few particulars of special +significance or relevancy to the subject of inquiry. + +Early in the session of the Convention a series of resolutions was +introduced by Mr. Edmund Randolph, of Virginia, embodying a proposed +plan of government, which were considered in committee of the whole +House, and formed the basis of a protracted discussion. The first of +these resolutions, as amended before a vote was taken, was in these +words: + + "_Resolved_, That it is the opinion of this committee that a + national Government ought to be established, consisting of a + supreme legislative, executive, and judiciary." + +This was followed by other resolutions--twenty-three in all, as adopted +and reported by the committee--in which the word "national" occurred +twenty-six times. + +The day after the report of the committee was made, Mr. Ellsworth, of +Connecticut, moved to strike out the words "national Government" in the +resolution above quoted, and to insert the words "Government of the +United States," which he said was the proper title. "He wished also the +plan to go forth as an amendment of the Articles of Confederation."[32] +That is to say, he wished to avoid even the appearance of undertaking to +form a _new_ government, instead of reforming the old one, which was the +proper object of the Convention. This motion was agreed to without +opposition, and, as a consequence, the word "national" was stricken out +wherever it occurred, and nowhere makes its appearance in the +Constitution finally adopted. The prompt rejection, after introduction, +of this word "national," is obviously much more expressive of the intent +and purpose of the authors of the Constitution than its mere absence +from the Constitution would have been. It is a clear indication that +they did not mean to give any countenance to the idea which, "scotched, +not killed," has again reared its mischievous crest in these latter +days--that the government which they organized was a consolidated +_nationality_, instead of a confederacy of sovereign members. + +Continuing their great work of revision and reorganization, the +Convention proceeded to construct the framework of a government for the +Confederacy, strictly confined to certain specified and limited powers, +but complete in all its parts, legislative, executive, and judicial, and +provided with the means for discharging all its functions without +interfering with the "sovereignty, freedom, and independence" of the +constituent States. + +All this might have been done without going beyond the limits of their +commission "to revise the Articles of Confederation," and to consider +and report such "alterations and provisions" as might seem necessary to +"render the Federal Constitution adequate to the exigencies of +government and the preservation of the Union." A serious difficulty, +however, was foreseen. The thirteenth and last of the aforesaid articles +had this provision, which has already been referred to: "The Articles of +this Confederation _shall be inviolably observed by every State, and the +union shall be perpetual; nor shall any alteration, at any time +hereafter, be made in any of them_, unless such alteration be agreed to +in a Congress of the United States, and be afterward confirmed by the +Legislatures of _every State_." + +It is obvious, from an examination of the records, as has already been +shown, that the original idea in calling a Convention was, that their +recommendations should take the course prescribed by this +article--first, a report to the Congress, and then, if approved by that +body, a submission to the various Legislatures for final action. There +was no reason to apprehend the non-concurrence of Congress, in which a +mere majority would determine the question; but the consent of the +Legislatures of "_every State_" was requisite in order to final +ratification, and there was serious reason to fear that this consent +could not be obtained. Rhode Island, as we have seen, had declined to +send any representatives to the Convention; of the three delegates from +New York, two had withdrawn; and other indications of dissatisfaction +had appeared. In case of the failure of a single Legislature to ratify, +the labors of the Convention would go for naught, under a strict +adherence to the letter of the article above cited. The danger of a +total frustration of their efforts was imminent. + +In this emergency the Convention took the responsibility of transcending +the limits of their instructions, and recommending a procedure which was +in direct contravention of the letter of the Articles of Confederation. +This was the introduction of a provision into the new Constitution, that +the ratification of _nine_ States should be sufficient for its +establishment among themselves. In order to validate this provision, it +was necessary to refer it to authority higher than that of Congress and +the State Legislatures--that is, to the People of the States, assembled, +by their representatives, in convention. Hence it was provided, by the +seventh and last article of the new Constitution, that "the ratification +of the _Conventions_ of nine States" should suffice for its +establishment "between the States so ratifying the same." + +There was another reason, of a more general and perhaps more controlling +character, for this reference to conventions for ratification, even if +entire unanimity of the State Legislatures could have been expected. +Under the American theory of republican government, conventions of the +people, duly elected and accredited as such, are invested with the +plenary power inherent in the people of an organized and independent +community, assembled in mass. In other words, they represent and +exercise what is properly the _sovereignty_ of the people. State +Legislatures, with restricted powers, do not possess or represent +sovereignty. Still less does the Congress of a union or confederacy of +States, which is by two degrees removed from the seat of sovereignty. We +sometimes read or hear of "delegated sovereignty," "divided +sovereignty," with other loose expressions of the same sort; but no such +thing as a division or delegation of sovereignty is possible. + +In order, therefore, to supersede the restraining article above cited +and to give the highest validity to the compact for the delegation of +important powers and functions of government to a common agent, an +authority above that of the State Legislatures was necessary. Mr. +Madison, in the "Federalist,"[33] says: "It has been heretofore noted +among the defects of the Confederation, that in many of the States it +had received no higher sanction than a mere legislative ratification." +This objection would of course have applied with greater force to the +proposed Constitution, which provided for additional grants of power +from the States, and the conferring of larger and more varied powers +upon a General Government, which was to act upon individuals instead of +States, if the question of its confirmation had been submitted merely to +the several State Legislatures. Hence the obvious propriety of referring +it to the respective _people_ of the States in their sovereign capacity, +as provided in the final article of the Constitution. + +In this article provision was deliberately made for the _secession_ (if +necessary) of a part of the States from a union which, when formed, had +been declared "perpetual," and its terms and articles to be "inviolably +observed by every State." + +Opposition was made to the provision on this very ground--that it was +virtually a dissolution of the Union, and that it would furnish a +precedent for future secessions. Mr. Gerry, a distinguished member from +Massachusetts--afterward Vice-President of the United States--said, "If +nine out of thirteen (States) can dissolve the compact, six out of nine +will be just as able to dissolve the future one hereafter." + +Mr. Madison, who was one of the leading members of the Convention, +advocating afterward, in the "Federalist," the adoption of the new +Constitution, asks the question, "On what principle the Confederation, +which stands in the solemn form of a compact among the States, can be +superseded without the unanimous consent of the parties to it?" He +answers this question "by recurring to the absolute necessity of the +case; to the great principle of self-preservation; to the transcendent +law of nature and of nature's God, which declares that the safety and +happiness of society are the objects at which all political institutions +aim, and to which all such institutions must be sacrificed." He +proceeds, however, to give other grounds of justification: + + "It is an established doctrine on the subject of treaties, that + all the articles are mutually conditions of each other; that a + breach of any one article is a breach of the whole treaty; and + that a breach committed by either of the parties absolves the + others, and authorizes them, if they please, to pronounce the + compact violated and void. Should it unhappily be necessary to + appeal to these delicate truths for a justification for + dispensing with the consent of particular States to a + dissolution of the Federal pact, will not the complaining + parties find it a difficult task to answer the multiplied and + important infractions with which they may be confronted? _The + time has been when it was incumbent on us all to veil the ideas + which this paragraph exhibits._ The scene is now changed, and + with it the part which the same motives dictate." + +Mr. Madison's idea of the propriety of _veiling_ any statement of the +right of secession until the occasion arises for its exercise, whether +right or wrong in itself, is eminently suggestive as explanatory of the +caution exhibited by other statesmen of that period, as well as himself, +with regard to that "delicate truth." + +The only possible alternative to the view here taken of the seventh +article of the Constitution, as a provision for the secession of any +nine States, which might think proper to avail themselves of it, from +union with such as should refuse to do so, and the formation of an +amended or "more perfect union" with one another, is to regard it as a +provision for the continuance of the old Union, or Confederation, under +altered conditions, by the majority which should accede to them, with a +recognition of the right of the recusant minority to withdraw, secede, +or stand aloof. The idea of compelling any State or States to enter into +or to continue in union with the others by _coercion_, is as absolutely +excluded under the one supposition as under the other--with reference to +one State or a minority of States, as well as with regard to a majority. +The article declares that "the ratification of the Conventions of nine +States shall be sufficient for the establishment of this +Constitution"--not between all, but--"_between the States so ratifying +the same_." It is submitted whether a fuller justification of this right +of the nine States to form a new Government is not found in the fact of +the sovereignty in each of them, making them "a law unto themselves," +and therefore the final judge of what the necessities of each community +demand. + +Here--although, perhaps, in advance of its proper place in the +argument--the attention of the reader may be directed to the refutation, +afforded by this article of the Constitution, of that astonishing +fiction, which has been put forward by some distinguished writers of +later date, that the Constitution was established by the people of the +United States "in the aggregate." If such had been the case, the will of +a majority, duly ascertained and expressed, would have been binding upon +the minority. No such idea existed in its formation. It was not even +established by the _States in the aggregate_, nor was it proposed that +it should be. It was submitted for the acceptance of each separately, +the time and place at their own option, so that the dates of +ratification did extend from December 7, 1787, to May 29, 1790. The long +period required for these ratifications makes manifest the absurdity of +the assertion, that it was a decision by the votes of one people, or one +community, in which a majority of the votes cast determined the result. + +We have seen that the delegates to the Convention of 1787 were chosen by +the several States, _as States_--it is hardly necessary to add that they +voted in the Convention, as in the Federal Congress, by States--each +State casting one vote. We have seen, also, that they were sent for the +"sole and express purpose" of revising the Articles of Confederation and +devising means for rendering the Federal Constitution, "adequate to the +exigencies of government and the preservation of the Union"; that the +terms "Union," "United States," "Federal Constitution;" and +"Constitution of the Federal Government," were applied to the old +Confederation in precisely the same sense in which they are used under +the new; that the proposition to constitute a "national" Government was +distinctly rejected by the Convention; that the right of any State, or +States, to withdraw from union with the others was practically +exemplified, and that the idea of coercion of a State, or compulsory +measures, was distinctly excluded under any construction that can be put +upon the action of the Convention. + +To the original copy of the Constitution, as set forth by its framers +for the consideration and final action of the people of the States, was +attached the following words: + + "Done in Convention, by the unanimous consent of the States + present, the seventeenth day of September, in the year of our + Lord one thousand seven hundred and eighty-seven, and of the + Independence of the United States of America, the twelfth. In + witness whereof, we have hereunto subscribed our names." + +[Followed by the signatures of "George Washington, President, and deputy +from Virginia," and the other delegates who signed it.] + +This attachment to the instrument--a mere attestation of its +authenticity, and of the fact that it had the unanimous consent _of all +the States_ then present by their deputies--not _of all the deputies_, +for some of them refused to sign it--has been strangely construed by +some commentators as if it were a part of the Constitution, and implied +that it was "done," in the sense of completion of the work.[34] + +But the work was not _done_ when the Convention closed its labors and +adjourned. It was scarcely begun. There was no validity or binding force +whatever in what had been already "done." It was still to be submitted +to the States for approval or rejection. Even if a majority of eight out +of thirteen States had ratified it, the refusal of the ninth would have +rendered it null and void. Mr. Madison, who was one of the most +distinguished of its authors and signers, writing after it was completed +and signed, but before it was ratified, said: "It is time now to +recollect that the powers [of the Convention] were merely advisory and +recommendatory; that they were so meant by the States, and so understood +by the Convention; and that the latter have accordingly planned and +proposed a Constitution, which is to be of no more consequence than the +paper on which it is written, unless it be stamped with the approbation +of those to whom it is addressed."--("Federalist," No. XL.) + +The mode and terms in which this approval was expressed will be +considered in the next chapter. + + +[Footnote 31: Constitution, Article V.] + +[Footnote 32: See Elliott's "Debates," vol. v, p. 214. This reference is +taken from "The Republic of Republics," Part III, chapter vii, p. 217. +This learned, exhaustive, and admirable work, which contains a wealth of +historical and political learning, will be freely used, by kind consent +of the author, without the obligation of a repetition of special +acknowledgment in every case. A like liberty will be taken with the late +Dr. Bledsoe's masterly treatise on the right of secession, published in +1866, under the title, "Is Davis a Traitor? or, Was Secession a +Constitutional Right?"] + +[Footnote 33: No. xliii.] + +[Footnote 34: See "Republic of Republics," Part II, chapters xiii and +xiv.] + + + + +CHAPTER III. + + Ratification of the Constitution by the States.--Organization of + the New Government.--Accession of North Carolina and Rhode + Island.--Correspondence between General Washington and the + Governor of Rhode Island. + + +The amended system of union, or confederation (the terms are employed +indiscriminately and interchangeably by the statesmen of that period), +devised by the Convention of 1787, and embodied, as we have seen, in the +Constitution which they framed and have set forth, was now to be +considered and acted on by the people of the several States. This they +did in the highest and most majestic form in which the sanction of +organized communities could be given or withheld--not through +ambassadors, or Legislatures, or deputies with limited powers, but +through conventions of delegates chosen expressly for the purpose and +clothed with the plenary authority of sovereign people. The action of +these conventions was deliberate, cautious, and careful. There was much +debate, and no little opposition to be conciliated. Eleven States, +however, ratified and adopted the new Constitution within the twelve +months immediately following its submission to them. Two of them +positively rejected it, and, although they afterward acceded to it, +remained outside of the Union in the exercise of their sovereign right, +which nobody then denied--North Carolina for nine months, Rhode Island +for nearly fifteen, after the new Government was organized and went into +operation. In several of the other States the ratification was effected +only by small majorities. + +The terms in which this action was expressed by the several States and +the declarations with which it was accompanied by some of them are +worthy of attention. + +Delaware was the first to act. Her Convention met on December 3, 1787, +and ratified the Constitution on the 7th. The readiness of this least in +population, and next to the least in territorial extent, of all the +States, to accept that instrument, is a very significant fact when we +remember the jealous care with which she had guarded against any +infringement of her sovereign Statehood. Delaware alone had given +special instructions to her deputies in the Convention not to consent to +any sacrifice of the principle of equal representation in Congress. The +promptness and unanimity of her people in adopting the new Constitution +prove very clearly, not only that they were satisfied with the +preservation of that principle in the Federal Senate, but that they did +not understand the Constitution, in any of its features, as compromising +the "sovereignty, freedom, and independence" which she had so especially +cherished. The ratification of their Convention is expressed in these +words: + + "We, the deputies of _the people of the Delaware State_, in + convention met, having taken into our serious consideration the + Federal Constitution proposed and agreed upon by the deputies of + the United States at a General Convention held at the city of + Philadelphia on the 17th day of September, A. D. 1787, have + _approved of, assented to, and ratified and confirmed_, and by + these presents do, in virtue of the powers and authority to us + given for that purpose, for and in behalf of ourselves and our + constituents, fully, freely, and entirely, _approve of, assent + to, ratify, and confirm_ the said Constitution. + + "Done in convention at Dover, December 7, 1787." + +This, and twelve other like acts, gave to the Constitution "all the life +and validity it ever had, or could have, as to the thirteen united or +associated States." + +Pennsylvania acted next (December 12, 1787), the ratification not being +finally accomplished without strong opposition, on grounds which will be +referred to hereafter. In announcing its decision, the Convention of +this State began as follows: + + "In the name of _the people of Pennsylvania_. Be it known unto + all men that we, _the delegates of the people of the + Commonwealth of Pennsylvania_, in General Convention assembled," + etc., etc., concluding with these words: "By these presents, do, + _in the name and by the authority of the same people_, and for + ourselves, assent to and ratify the foregoing Constitution for + the United States of America." + +In New Jersey the ratification, which took place on the 18th of +December, was unanimous. This is no less significant and instructive +than the unanimity of Delaware, from the fact that the New Jersey +delegation, in the Convention that framed the Constitution, had taken +the lead in behalf of the federal, or State-rights, idea, in opposition +to that of nationalism, or consolidation. William Patterson, a +distinguished citizen (afterward Governor) of New Jersey, had introduced +into that Convention what was known as "the Jersey plan," embodying +these State-rights principles, as distinguished from the various +"national" plans presented. In defending them, he had said, after +calling for the reading of the credentials of delegates: + + "Can we, on this ground, form a national Government? I fancy + not. Our commissions give a complexion to the business; and can + we suppose that, when we exceed the bounds of our duty, the + people will approve our proceedings? + + "We are met here as the deputies of _thirteen independent, + sovereign States, for federal purposes. Can we consolidate their + sovereignty and form one nation_, and annihilate the + sovereignties of our States, who have sent us here for other + purposes?" + +Again, on a subsequent day, after stating that he was not there to +pursue his own sentiments of government, but of those who had sent him, +he had asked: + + "Can we, _as representatives of independent States_, annihilate + the essential powers of independency? Are not the votes of this + Convention taken on every question under the idea of + independency?" + +The fact that this State, which, through her representatives, had taken +so conspicuous a part in the maintenance of the principle of State +sovereignty, ratified the Constitution with such readiness and +unanimity, is conclusive proof that, in her opinion, that principle was +not compromised thereby. The conclusion of her ordinance of ratification +is in these words: + + "Now be it known that we, the delegates of _the State of New + Jersey_, chosen by the people thereof for the purpose aforesaid, + having maturely deliberated on and considered the aforesaid + proposed Constitution, do hereby, for and on behalf of the + _people of the said State of New Jersey_, agree to, ratify, and + confirm the same, and every part thereof. + + "Done in convention, by the unanimous consent of the members + present, this 18th day of December, A. D. 1787." + +Georgia next, and also unanimously, on January 2, 1788, declared, +through "_the delegates of the State of Georgia_, in convention met, +pursuant to the provisions of the [act of the] Legislature aforesaid ... +in virtue of the powers and authority given us [them] by _the people of +the said State_, for that purpose," that they did "fully and entirely +assent to, ratify, and adopt the said Constitution." + +Connecticut (on the 9th of January) declares her assent with equal +distinctness of assertion as to the source of the authority: "In the +name of _the people of the State of Connecticut_, we, the delegates of +_the people of the said State_, in General Convention assembled, +pursuant to an act of the Legislature in October last ... do assent to, +ratify, and adopt the Constitution reported by the Convention of +delegates in Philadelphia." + +In Massachusetts there was a sharp contest. The people of that State +were then--as for a long time afterward--exceedingly tenacious of their +State independence and sovereignty. The proposed Constitution was +subjected to a close, critical, and rigorous examination with reference +to its bearing upon this very point. The Convention was a large one, and +some of its leading members were very distrustful of the instrument +under their consideration. It was ultimately adopted by a very close +vote (187 to 168), and then only as accompanied by certain proposed +amendments, the object of which was to guard more expressly against any +sacrifice or compromise of State sovereignty, and under an assurance, +given by the advocates of the Constitution, of the certainty that those +amendments would be adopted. The most strenuously urged of these was +that ultimately adopted (in substance) as the tenth amendment to the +Constitution, which was intended to take the place of the second Article +of Confederation, as an emphatic assertion of the continued freedom, +sovereignty, and independence of the States. This will be considered +more particularly hereafter. + +In terms substantially identical with those employed by the other +States, Massachusetts thus announced her ratification: + + "In convention of the delegates of _the people of the + Commonwealth of Massachusetts_, 1788. The Convention having + impartially discussed and fully considered the Constitution for + the United States of America, reported [etc.] ... do, in the + name and in behalf of _the people of the Commonwealth of + Massachusetts_, assent to and ratify the said Constitution for + the United States of America." + +This was accomplished on February 7, 1788. + +Maryland followed on the 28th of April, and South Carolina on the 23d of +May, in equivalent expressions, the ratification of the former being +made by "the delegates of _the people of Maryland_," speaking, as they +declared, for ourselves, and in the name and on the behalf of _the +people of this State_; that of the latter, "in convention of _the people +of the State of South Carolina_, by their representatives, ... in the +name and behalf of _the people of this State_." + +But South Carolina, like Massachusetts, demanded certain amendments, and +for greater assurance accompanied her ordinance of ratification with the +following distinct assertion of the principle afterward embodied in the +tenth amendment: + + "This Convention doth also declare that _no section or + paragraph_ of the said Constitution warrants a construction that + _the States do not retain every power not expressly relinquished + by them_ and vested in the General Government of the Union." + +"The delegates of _the people of the State of New Hampshire_," in +convention, on the 21st of June, "in the name and behalf of _the people +of the State of New Hampshire_," declared their approval and adoption of +the Constitution. In this State, also, the opposition was formidable +(the final vote being 57 to 46), and, as in South Carolina, it was +"explicitly declared that all powers not expressly and particularly +delegated by the aforesaid Constitution are reserved to the several +States, to be by them exercised." + +The debates in the Virginia Convention were long and animated. Some of +the most eminent and most gifted men of that period took part in them, +and they have ever since been referred to for the exposition which they +afford of the interpretation of the Constitution by its authors and +their contemporaries. Among the members were Madison, Mason, and +Randolph, who had also been members of the Convention at Philadelphia. +Mr. Madison was one of the most earnest advocates of the new +Constitution, while Mr. Mason was as warmly opposed to its adoption; so +also was Patrick Henry, the celebrated orator. It was assailed with +great vehemence at every vulnerable or doubtful point, and was finally +ratified June 26, 1788, by a vote of 89 to 79--a majority of only ten. + +This ratification was expressed in the same terms employed by other +States, by "the delegates of _the people of Virginia_ ... in the name +and in behalf of _the people of Virginia_." In so doing, however, like +Massachusetts, New Hampshire, and South Carolina, Virginia demanded +certain amendments as a more explicit guarantee against consolidation, +and accompanied the demand with the following declaration: + + "That the powers granted under the Constitution, being derived + from the people of the United States, may be resumed by them, + whenever the same shall be perverted to their injury or + oppression, and that every power not granted thereby remains + with them and at their will," etc., etc. + +Whether, in speaking of a possible _resumption_ of powers by "the people +of the United States," the Convention had in mind the action of such a +people _in the aggregate_--political community which did not exist, and +of which they, could hardly have entertained even an ideal +conception--or of the people of Virginia, for whom they were speaking, +and of the other United States then taking similar action--is a question +which scarcely admits of argument, but which will be more fully +considered in the proper place. + +New York, the eleventh State to signify her assent, did so on July 26, +1788, after an arduous and protracted discussion, and then by a majority +of but three votes--30 to 27. Even this small majority was secured only +by the recommendation of certain material amendments, the adoption of +which by the other States it was at first proposed to make a condition +precedent to the validity of the ratification. This idea was abandoned +after a correspondence between Mr. Hamilton and Mr. Madison, and, +instead of conditional ratification, New York provided for the +resumption of her grants; but the amendments were put forth with a +circular letter to the other States, in which it was declared that +"nothing but the fullest confidence of obtaining a revision" of the +objectionable features of the Constitution, "and an invincible +reluctance to separating from our sister States, could have prevailed +upon a sufficient number to ratify it without stipulating for previous +amendments." + +The ratification was expressed in the usual terms, as made "_by the +delegates of the people of the State of New York_ ... in the name and in +behalf of the people" of the said State. Accompanying it was a +declaration of the principles in which the assent of New York was +conceded, one paragraph of which runs as follows: + + "That the powers of government may be _reassumed_ by the people, + whensoever it shall become necessary to their happiness; that + every power, jurisdiction, and right, which is not, by the said + Constitution, clearly delegated to the Congress of the United + States, or the departments of the Government thereof, remains to + the people of the several _States_, or to their respective State + governments, to whom they may have granted the same; and that + those clauses in the said Constitution which declare that + Congress shall not have or exercise certain powers, do not imply + that Congress is entitled to any powers not given by the said + Constitution, but such clauses are to be construed either as + exceptions to certain specified powers or as inserted for + greater caution." + +The acceptance of these eleven States having been signified to the +Congress, provision was made for putting the new Constitution in +operation. This was effected on March 4, 1789, when the Government was +organized, with George Washington as President, and John Adams, +Vice-President; the Senators and Representatives elected by the States +which had acceded to the Constitution, organizing themselves as a +Congress. + +Meantime, two States were standing, as we have seen, unquestioned and +unmolested, in an attitude of absolute independence. The Convention of +North Carolina, on August 2, 1788, had rejected the proposed +Constitution, or, more properly speaking, had withheld her ratification +until action could be taken upon the subject-matter of the following +resolution adopted by her Convention: + + "_Resolved_, That a declaration of rights, asserting and + securing from encroachment the great principles of civil and + religious liberty, and the unalienable rights of the people, + together with amendments to the most ambiguous and exceptionable + parts of the said Constitution of government, ought to be laid + before Congress and the Convention of the States that shall or + may be called for the purpose of amending the said Constitution, + for their consideration, previous to the ratification of the + Constitution aforesaid on the part of the State of North + Carolina." + +More than a year afterward, when the newly organized Government had been +in operation for nearly nine months, and when--although no convention of +the States had been called to revise the Constitution--North Carolina +had good reason to feel assured that the most important provisions of +her proposed amendments and "declaration of rights" would be adopted, +she acceded to the amended compact. On November 21, 1789, her Convention +agreed, "in behalf of the freemen, citizens, and inhabitants of _the +State of North Carolina_," to "adopt and ratify" the Constitution. + +In Rhode Island the proposed Constitution was at first submitted to a +direct vote of the people, who rejected it by an overwhelming majority. +Subsequently--that is, on May 29, 1790, when the reorganized Government +had been in operation for nearly fifteen months, and when it had become +reasonably certain that the amendments thought necessary would be +adopted--a convention of the people of Rhode Island acceded to the new +Union, and ratified the Constitution, though even then by a majority of +only two votes in sixty-six--34 to 32. The ratification was expressed in +substantially the same language as that which has now been so repeatedly +cited: + + "We, the delegates of the people of the State of Rhode Island + and Providence Plantations, duly elected and met in convention, + ... in the name and behalf of _the people of Rhode Island and + Providence Plantations_, do, by these presents, assent to and + ratify the said Constitution." + +It is particularly to be noted that, during the intervals between the +organization of the Federal Government under the new Constitution and +the ratification of that Constitution by, North Carolina and Rhode +Island, respectively, those States were absolutely independent and +unconnected with any other political community, unless they be +considered as still representing the "United States of America," which +by the Articles of Confederation had been declared a "perpetual union." +The other States had seceded from the former union--not in a body, but +separately, each for itself--and had formed a new association, leaving +these two States in the attitude of foreign though friendly powers. +There was no claim of any right to control their action, as if they had +been mere geographical or political divisions of one great consolidated +community or "nation." Their accession to the Union was desired, but +their freedom of choice in the matter was never questioned. And then it +is to be noted, on _their_ part, that, like the house of Judah, they +refrained from any attempt to force the seceding sisters to return. + +As illustrative of the relations existing during this period between the +United States and Rhode Island, it may not be uninstructive to refer to +a letter sent by the government of the latter to the President and +Congress, and transmitted by the President to the Senate, with the +following note: + + "United States, _September 26, 1789_. + + "Gentlemen of the Senate: Having yesterday received a letter + written in this month by the Governor of Rhode Island, at the + request and in behalf of the General Assembly of that State, + addressed to the President, the Senate, and the House of + Representatives of the eleven United States of America in + Congress assembled, I take the earliest opportunity of laying a + copy of it before you." + + (Signed) "GEORGE WASHINGTON." + +Some extracts from the communication referred to are annexed: + + "State of Rhode Island and Providence Plantations, _In General + Assembly, September Session, 1789_. + + "_To the President, the Senate, and the House of Representatives + of the eleven United States of America in Congress assembled:_ + + "The critical situation in which the people of this State are + placed engages us to make these assurances, on their behalf, of + their attachment and friendship to their sister States, and of + their disposition to cultivate mutual harmony and friendly + intercourse. They know themselves to be a handful, comparatively + viewed, and, although they now stand as it were alone, they have + not separated themselves or departed from the principles of that + Confederation, which was formed by the sister States in their + struggle for freedom and in the hour of danger.... + + "Our not having acceded to or adopted the new system of + government formed and adopted by most of our sister States, we + doubt not, has given uneasiness to them. That we have not seen + our way clear to it, consistently with our idea of the + principles upon which we all embarked together, has also given + pain to us. We have not doubted that we might thereby avoid + present difficulties, but we have apprehended future + mischief.... + + "Can it be thought strange that, with these impressions, they + [the people of this State] should wait to see the proposed + system organized and in operation?--to see what further checks + and securities would be agreed to and established by way of + amendments, before they could adopt it as a Constitution of + government for themselves and their posterity?... + + "We are induced to hope that we shall not be altogether + considered as foreigners having no particular affinity or + connection with the United States; but that trade and commerce, + upon which the prosperity of this State much depends, will be + preserved as free and open between this State and the United + States, as our different situations at present can possibly + admit.... + + "We feel ourselves attached by the strongest ties of friendship, + kindred, and interest, to our sister States; and we can not, + without the greatest reluctance, look to any other quarter for + those advantages of commercial intercourse which we conceive to + be more natural and reciprocal between them and us. + + "I am, at the request and in behalf of the General Assembly, + your most obedient, humble servant." + + (Signed) "John Collins, _Governor_. + + "_His Excellency, the President of the United States._" + + [American State Papers, _Vol. I_, Miscellaneous.] + + + + +CHAPTER IV. + + The Constitution not adopted by one People "in the + Aggregate."--A Great Fallacy exposed.--Mistake of Judge + Story.--Colonial Relations.--The United Colonies of New + England.--Other Associations.--Independence of Communities + traced from Germany to Great Britain, and from Great Britain to + America.--Mr. Everett's "Provincial People."--Origin and + Continuance of the Title "United States."--No such Political + Community as the "People of the United States." + + +The historical retrospect of the last three chapters and the extracts +from the records of a generation now departed have been presented as +necessary to a right understanding of the nature and principles of the +compact of 1787, on which depended the questions at issue in the +secession of 1861 and the contest that ensued between the States. + +We have seen that the united colonies, when they declared their +independence, formed a league or alliance with one another as "United +States." This title antedated the adoption of the Articles of +Confederation. It was assumed immediately after the Declaration of +Independence, and was continued under the Articles of Confederation; the +first of which declared that "the style of this confederacy shall be +'The United States of America'"; and this style was retained--without +question--in the formation of the present Constitution. The name was not +adopted as antithetical to, or distinctive from, "confederate," as some +seem to have imagined. If it has any significance now, it must have had +the same under the Articles of Confederation, or even before they were +adopted. + +It has been fully shown that the States which thus became and continued +to be "united," whatever form their union assumed, acted and continued +to act as distinct and sovereign political communities. The monstrous +fiction that they acted as _one people "in their aggregate capacity"_ +has not an atom of fact to serve as a basis. + +To go back to the very beginning, the British colonies never constituted +one people. Judge Story, in his "Commentaries" on the Constitution, +seems to imply the contrary, though he shrinks from a direct assertion +of it, and clouds the subject by a confusion of terms. He says: "Now, it +is apparent that none of the colonies before the Revolution were, in the +most large and general sense, independent or sovereign communities. They +were all originally settled under and subjected to the British Crown." +And then he proceeds to show that they were, in their colonial +condition, not _sovereign_--a proposition which nobody disputed. As +colonies, they had no claim, and made no pretension, to sovereignty. +They were subject to the British Crown, unless, like the Plymouth +colony, "a law unto themselves," but they were _independent of each +other_--the only point which has any bearing upon their subsequent +relations. There was no other bond between them than that of their +common allegiance to the Government of the mother-country. As an +illustration of this may be cited the historical fact that, when John +Stark, of Bennington memory, was before the Revolution engaged in a +hunting expedition in the Indian country, he was captured by the savages +and brought to Albany, in the colony of New York, for a ransom; but, +inasmuch as he belonged to New Hampshire, the government of New York +took no action for his release. There was not even enough community of +feeling to induce individual citizens to provide money for the purpose. + +There were, however, local and partial confederacies among the New +England colonies, long before the Declaration of Independence. As early +as the year 1643 a Congress had been organized of delegates from +Massachusetts, Plymouth, New Haven, and Connecticut, under the style of +"The United Colonies of New England." The objects of this confederacy, +according to Mr. Bancroft, were "protection against the encroachments of +the Dutch and French, security against the tribes of savages, the +liberties of the gospel in purity and in peace."[35] The general affairs +of the company were intrusted to commissions, two from each colony; but +the same historian tells us that "to each its respective local +jurisdiction was carefully reserved," and he refers to this as evidence +that the germ-principle of State-rights was even then in existence. +"Thus remarkable for unmixed simplicity" (he proceeds) "was the form of +the first confederated government in America.... There was no president, +except as a moderator of its meetings, and the larger State [_sic_], +Massachusetts, superior to all the rest in territory, wealth, and +population, had no greater number of votes than New Haven. But the +commissioners were in reality little more than a deliberative body; they +possessed no executive power, and, while they could decree a war and a +levy of troops, it remained for the States to carry their votes into +effect."[36] + +This confederacy continued in existence for nearly fifty years. Between +that period and the year 1774, when the first Continental Congress met +in Philadelphia, several other temporary and provisional associations of +colonies had been formed, and the people had been taught the advantages +of union for a common purpose; but they had never abandoned or +compromised the great principle of community independence. That form of +self-government, generated in the German forests before the days of the +Caesars, had given to that rude people a self-reliance and patriotism +which first checked the flight of the Roman eagles, which elsewhere had +been the emblem of their dominion over the known world. This +principle--the great preserver of all communal freedom and of mutual +harmony--was transplanted by the Saxons into England, and there +sustained those personal rights which, after the fall of the Heptarchy, +were almost obliterated by the encroachments of Norman despotism; but, +having the strength and perpetuity of truth and right, were reasserted +by the mailed hands of the barons at Runnymede for their own benefit and +that of their posterity. Englishmen, the early settlers, brought this +idea to the wilds of America, and it found expression in many forms +among the infant colonies. + +Mr. Edward Everett, in his Fourth-of-July address, delivered in New York +in 1861, following the lead of Judge Story, and with even less caution, +boldly declares that, "before their independence of England was +asserted, they [the colonies] constituted _a provincial people_." To +sustain this position--utterly contrary to all history as it is--he is +unable to adduce any valid American authority, but relies almost +exclusively upon loose expressions employed in debate in the British +Parliament about the period of the American Revolution--such as "that +people," "that loyal and respectable people," "this enlightened and +spirited people," etc., etc. The speakers who made use of this +colloquial phraseology concerning the inhabitants of a distant +continent, in the freedom of extemporaneous debate, were not framing +their ideas with the exactitude of a didactic treatise, and could little +have foreseen the extraordinary use to be made of their expressions +nearly a century afterward, in sustaining a theory contradictory to +history as well as to common sense. It is as if the familiar expressions +often employed in our own time, such as "the people of Africa," or "the +people of South America," should be cited, by some ingenious theorist of +a future generation, as evidence that the subjects of the Khedive and +those of the King of Dahomey were but "one people," or that the +Peruvians and the Patagonians belonged to the same political community. + +Mr. Everett, it is true, quotes two expressions of the Continental +Congress to sustain his remarkable proposition that the colonies were "a +people." One of these is found in a letter addressed by the Congress to +General Gage in October, 1774, remonstrating against the erection of +fortifications in Boston, in which they say, "We entreat your Excellency +to consider what a tendency this conduct must have to irritate and force +_a free people_, hitherto well disposed to peaceable measures, into +hostilities." From this expression Mr. Everett argues that the Congress +considered themselves the representatives of "a people." But, by +reference to the proceedings of the Congress, he might readily have +ascertained that the letter to General Gage was written in behalf of +"_the town of Boston and Province of Massachusetts Bay_," the people of +which were "considered by all America as suffering in the common cause +for their noble and spirited opposition to oppressive acts of +Parliament." The avowed object was "to entreat his Excellency, from the +assurance we have of the peaceable disposition of _the inhabitants of +the town of Boston and of the Province of Massachusetts Bay_, to +discontinue his fortifications."[37] These were the "people" referred to +by the Congress; and the children of the Pilgrims, who occupied at that +period the town of Boston and Province of Massachusetts Bay, would have +been not a little astonished to be reckoned as "one people," in any +other respect than that of the "common cause," with the Roman Catholics +of Maryland, the Episcopalians of Virginia, the Quakers of Pennsylvania, +or the Baptists of Rhode Island. + +The other citation of Mr. Everett is from the first sentence of the +Declaration of Independence: "When in the course of human events it +becomes necessary for _one people_ to dissolve the political bands which +have connected them with another," etc., etc. This, he says, +characterizes "the good people" of the colonies as "one people." + +Plainly, it does no such thing. The misconception is so palpable as +scarcely to admit of serious answer. The Declaration of Independence +opens with a general proposition. "One people" is equivalent to saying +"_any_ people." The use of the correlatives "one" and "another" was the +simple and natural way of stating this general proposition. "One people" +applies, and was obviously intended to apply, to all cases of the same +category--to that of New Hampshire, or Delaware, or South Carolina, or +of any other people existing or to exist, and whether acting separately +or in concert. It applies to any case, and all cases, of dissolution of +political bands, as well as to the case of the British colonies. It does +not, either directly or by implication, assert their unification, and +has no bearing whatever upon the question. + +When the colonies united in sending representatives to a Congress in +Philadelphia, there was no purpose--no suggestion of a purpose--to merge +their separate individuality in one consolidated mass. No such idea +existed, or with their known opinions could have existed. They did not +assume to become a united colony or province, but styled themselves +"united colonies"--colonies united for purposes of mutual counsel and +defense, as the New England colonies had been united more than a hundred +years before. It was as "_United States_"--not as a state, or united +people--that these colonies--still distinct and politically independent +of each other--asserted and achieved their independence of the +mother-country. As "United States" they adopted the Articles of +Confederation, in which the separate sovereignty, freedom, and +independence of each was distinctly asserted. They were "united States" +when Great Britain acknowledged the absolute freedom and independence of +each, distinctly and separately recognized by name. France and Spain +were parties to the same treaty, and the French and Spanish idioms still +express and perpetuate, more exactly than the English, the true idea +intended to be embodied in the title--_les Etats Unis_, or _los Estados +Unidos_--the States united. + +It was without any change of title--still as "United States"--without +any sacrifice of individuality--without any compromise of +sovereignty--that the same parties entered into a new and amended +compact with one another under the present Constitution. Larger and more +varied powers were conferred upon the common Government for the purpose +of insuring "a more perfect union"--not for that of destroying or +impairing the integrity of the contracting members. + +The point which now specially concerns the argument is the historical +fact that, in all these changes of circumstances and of government, +there has never been one single instance of action by the "people of the +United States in the aggregate," or as one body. Before the era of +independence, whatever was done by the people of the colonies was done +by the people of each colony separately and independently of each other, +although in union by their delegates for certain specified purposes. +Since the assertion of their independence, the people of the United +States have never acted otherwise than as the people of each State, +severally and separately. The Articles of Confederation were established +and ratified by the several States, either through conventions of their +people or through the State Legislatures. The Constitution which +superseded those articles was framed, as we have seen, by delegates +chosen and empowered by the several States, and was ratified by +conventions of the people of the same States--all acting in entire +independence of one another. This ratification alone gave it force and +validity. Without the approval and ratification of the people of the +States, it would have been, as Mr. Madison expressed it, "of no more +consequence than the paper on which it was written." It was never +submitted to "the people of the United States in the aggregate," or _as +a people_. Indeed, no such political community as the people of the +United States in the aggregate exists at this day or ever did exist. +Senators in Congress confessedly represent the States as equal units. +The House of Representatives is not a body of representatives of "the +people of the United States," as often erroneously asserted; but the +Constitution, in the second section of its first article, expressly +declares that it "shall be composed of members chosen by _the people of +the several States_." + +Nor is it true that the President and Vice-President are elected, as it +is sometimes vaguely stated, by vote of the "whole people" of the Union. +Their election is even more unlike what such a vote would be than that +of the representatives, who in numbers at least represent the strength +of their respective States. In the election of President and +Vice-President the Constitution (Article II) prescribes that "_each +State_ shall appoint, in such manner as the Legislature thereof may +direct, a number of electors" for the purpose of choosing a President +and Vice-President. The number of these electors is based partly upon +the equal sovereignty, partly upon the unequal population of the +respective States. + +It is, then, absolutely true that there has never been any such thing as +a vote of "the people of the United States in the aggregate"; no such +people is recognized by the Constitution; and no such political +community has ever existed. It is equally true that no officer or +department of the General Government formed by the Constitution derives +authority from a majority of the whole people of the United States, or +has ever been chosen by such majority. As little as any other is the +United States Government a government of a majority of the mass. + + +[Footnote 35: Bancroft's "History of the United States," vol. i, chap. +ix.] + +[Footnote 36: Bancroft's "History of the United States," vol. i, chap. +ix.] + +[Footnote 37: "American Archives," fourth series, vol. i, p. 908.] + + + + +CHAPTER V. + + The Preamble to the Constitution.--"We, the People." + + +The preamble to the Constitution proposed by the Convention of 1787 is +in these words: + + "We, the people of the United States, in order to form a more + perfect union, establish justice, insure domestic tranquillity, + provide for the common defense, promote the general welfare, and + secure the blessings of liberty to ourselves and our posterity, + do ordain and establish this Constitution for the United States + of America." + +The phraseology of this preamble has been generally regarded as the +stronghold of the advocates of consolidation. It has been interpreted as +meaning that "we, the people of the United States," as a collective +body, or as a "nation," in our aggregate capacity, had "ordained and +established" the Constitution _over_ the States. + +This interpretation constituted, in the beginning, the most serious +difficulty in the way of the ratification of the Constitution. It was +probably this to which that sturdy patriot, Samuel Adams, of +Massachusetts, alluded, when he wrote to Richard Henry Lee, "I stumble +at the threshold." Patrick Henry, in the Virginia Convention, on the +third day of the session, and in the very opening of the debate, +attacked it vehemently. He said, speaking of the system of government +set forth in the proposed Constitution: + + "That this is a consolidated government is demonstrably clear; + and the danger of such a government is, to my mind, very + striking. I have the highest veneration for those gentlemen [its + authors]; but, sir, give me leave to demand, What right had they + to say, _We, the people_? My political curiosity, exclusive of + my anxious solicitude for the public welfare, leads me to ask, + Who authorized them to speak the language of '_We, the people_,' + instead of _We, the States_? States are the characteristics and + the soul of a confederation. If the States be not the agents of + this compact, it must be one great consolidated national + government of the people of all the States."[38] + +Again, on the next day, with reference to the same subject, he said: +"When I asked that question, I thought the meaning of my interrogation +was obvious. The fate of this question and of America may depend on +this. Have they said, We, the States? Have they made a proposal of a +compact between States? If they had, this would be a confederation: it +is otherwise most clearly a consolidated government. The question turns, +sir, on that poor little thing--the expression, 'We, the people,' +instead of the States of America."[39] + +The same difficulty arose in other minds and in other conventions. + +The scruples of Mr. Adams were removed by the explanations of others, +and by the assurance of the adoption of the amendments thought +necessary--especially of that declaratory safeguard afterward embodied +in the tenth amendment--to be referred to hereafter. + +Mr. Henry's objection was thus answered by Mr. Madison: + + "Who are parties to it [the Constitution]? The people--but _not + the people as composing one great body_; but the people as + composing _thirteen sovereignties_: were it, as the gentleman + [Mr. Henry] asserts, a consolidated government, the assent of a + majority of the people would be sufficient for its + establishment, and as a majority have adopted it already, the + remaining States would be bound by the act of the majority, even + if they unanimously reprobated it: were it such a government as + is suggested, it would be now binding on the people of this + State, without having had the privilege of deliberating upon it; + but, sir, no State is bound by it, as it is, without its own + consent. Should all the States adopt it, it will be then a + government established by the thirteen States of America, not + through the intervention of the Legislatures, but by the people + at large. In this particular respect the distinction between the + existing and proposed governments is very material. The existing + system has been derived from the dependent, derivative authority + of the Legislatures of the States, whereas this is derived from + the superior power of the people."[40] + +It must be remembered that this was spoken by one of the leading members +of the Convention which formed the Constitution, within a few months +after that instrument was drawn up. Mr. Madison's hearers could readily +appreciate his clear answer to the objection made. The "people" intended +were those of the respective States--the only organized communities of +people exercising sovereign powers of government; and the idea intended +was the ratification and "establishment" of the Constitution by direct +act of the people in their conventions, instead of by act of their +Legislatures, as in the adoption of the Articles of Confederation. The +explanation seems to have been as satisfactory as it was simple and +intelligible. Mr. Henry, although he fought to the last against the +ratification of the Constitution, did not again bring forward this +objection, for the reason, no doubt, that it had been fully answered. +Indeed, we hear no more of the interpretation which suggested it, from +that period, for nearly half a century, when it was revived, and has +since been employed, to sustain that theory of a "great consolidated +national government" which Mr. Madison so distinctly repudiated. + +But _we_ have access to sources of information, not then available, +which make the intent and meaning of the Constitution still plainer. +When Mr. Henry made his objection, and Mr. Madison answered it, the +journal of the Philadelphia Convention had not been published. That body +had sat with closed doors, and among its rules had been the following: + + "That no copy be taken of any entry on the journal during the + sitting of the House, without the leave of the House. + + "That members only be permitted to inspect the journal. + + "That nothing spoken in the House be printed, or otherwise + published or communicated, without leave."[41] + +We can understand, by reference to these rules, how Mr. Madison should +have felt precluded from making allusion to anything that had occurred +during the proceedings of the Convention. But the secrecy then covering +those proceedings has long since been removed. The manuscript journal, +which was intrusted to the keeping of General Washington, President of +the Convention, was deposited by him, nine years afterward, among the +archives of the State Department. It has since been published, and we +can trace for ourselves the origin, and ascertain the exact +significance, of that expression, "We, the people," on which Patrick +Henry thought the fate of America might depend, and which has been so +grossly perverted in later years from its true intent. + +The original language of the preamble, reported to the Convention by a +committee of five appointed to prepare the Constitution, as we find it +in the proceedings of August 6, 1787, was as follows: + + "We, the people of the States of New Hampshire, Massachusetts, + Rhode Island and Providence Plantations, Connecticut, New York, + New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North + Carolina, South Carolina, and Georgia, do ordain, declare, and + establish, the following Constitution for the government of + ourselves and our posterity." + +There can be no question here what was meant: it was "_the people of the +States_," designated by name, that were to "ordain, declare, and +establish" the compact of union for themselves and their posterity. +There is no ambiguity nor uncertainty in the language; nor was there any +difference in the Convention as to the use of it. The preamble, as +perfected, was submitted to vote on the next day, and, as the journal +informs us, "it passed _unanimously_ in the affirmative." + +There was no subsequent change of opinion on the subject. The reason for +the modification afterward made in the language is obvious. It was found +that unanimous ratification of all the States could not be expected, and +it was determined, as we have already seen, that the consent of _nine_ +States should suffice for the establishment of the new compact "between +the States so ratifying the same." _Any_ nine would be sufficient to put +the proposed government in operation as to them, thus leaving the +remainder of the thirteen to pursue such course as might be to each +preferable. When this conclusion was reached, it became manifestly +impracticable to designate beforehand the consenting States by name. +Hence, in the final revision, the specific enumeration of the thirteen +States was omitted, and the equivalent phrase "people of the United +States" inserted in its place--plainly meaning the people of such States +as should agree to unite on the terms proposed. The imposing fabric of +political delusion, which has been erected on the basis of this simple +transaction, disappears before the light of historical record. + +Could the authors of the Constitution have foreseen the perversion to be +made of their obvious meaning, it might have been prevented by an easy +periphrasis--such as, "We, the people of the States hereby united," or +something to the same effect. The word "people" in 1787, as in 1880, +was, as it is, a collective noun, employed indiscriminately, either as a +unit in such expressions as "this people," "a free people," etc., or in +a distributive sense, as applied to the citizens or inhabitants of one +state or country or a number of states or countries. When the Convention +of the colony of Virginia, in 1774, instructed their delegates to the +Congress that was to meet in Philadelphia, "to obtain a redress of those +grievances, without which _the people of America_ can neither be safe, +free, nor happy," it was certainly not intended to convey the idea that +the people of the American Continent, or even of the British colonies in +America, constituted one political community. Nor did Edmund Burke have +any such meaning when he said, in his celebrated speech in Parliament, +in 1775, "The people of the colonies are descendants of Englishmen." + +We need go no further than to the familiar language of King James's +translation of the Bible for multiplied illustrations of this +indiscriminate use of the term, both in its collective and distributive +senses. For example, King Solomon prays at the dedication of the temple: + + "That thine eyes may be open unto the supplication ... of _thy + people_ Israel, to hearken unto them in all that they call for + unto thee. For thou didst separate them from among _all the + people_ of the earth, to be thine inheritance." (1 Kings viii, + 52, 53.) + +Here we have both the singular and plural senses of the same word--_one +people_, Israel, and _all the people of the earth_--in two consecutive +sentences. In "the people of the earth," the word _people_ is used +precisely as it is in the expression "the people of the United States" +in the preamble to the Constitution, and has exactly the same force and +effect. If in the latter case it implies that the people of +Massachusetts and those of Virginia were mere fractional parts of one +political community, it must in the former imply a like unity among the +Philistines, the Egyptians, the Assyrians, Babylonians, and Persians, +and all other "people of the earth," except the Israelites. Scores of +examples of the same sort might be cited if it were necessary.[42] + +In the Declaration of Independence we find precisely analogous instances +of the employment of the singular form for both singular and plural +senses--"one people," "a free people," in the former, and "the good +people of these colonies" in the latter. Judge Story, in the excess of +his zeal in behalf of a theory of consolidation, bases upon this last +expression the conclusion that the assertion of independence was the act +of "_the whole people_ of the united colonies" as a unit; overlooking or +suppressing the fact that, in the very same sentence, the colonies +declare themselves "free and independent _States_"--not a free and +independent _state_--repeating the words "independent States" three +times. + +If, however, the Declaration of Independence constituted one "_whole +people_" of the colonies, then that geographical section of it, formerly +known as the colony of Maryland, was in a state of revolt or "rebellion" +against the others, as well as against Great Britain, from 1778 to 1781, +during which period Maryland refused to ratify or be bound by the +Articles of Confederation, which, according to this theory, was binding +upon her, as a majority of the "whole people" had adopted it. _A +fortiori_, North Carolina and Rhode Island were in a state of rebellion +in 1789-'90, while they declined to ratify and recognize the +Constitution adopted by the other eleven fractions of this united +people. Yet no hint of any such pretension--of any claim of authority +over them by the majority--of any assertion of "the supremacy of the +Union"--is to be found in any of the records of that period. + +It might have been unnecessary to bestow so much time and attention in +exposing the absurdity of the deductions from a theory so false, but for +the fact that it has been specious enough to secure the countenance of +men of such distinction as Webster, Story, and Everett; and that it has +been made the plea to justify a bloody war against that principle of +State sovereignty and independence, which was regarded by the fathers of +the Union as the corner-stone of the structure and the basis of the hope +for its perpetuity. + + +[Footnote 38: Elliott's "Debates" (Washington edition, 1836), vol. iii, +p. 54.] + +[Footnote 39: Ibid., p. 72.] + +[Footnote 40: Elliott's "Debates" (Washington edition, 1836), vol. iii, +pp. 114, 115.] + +[Footnote 41: Journal of the Federal Convention, May 29, 1787, 1 +Elliott's "Debates."] + +[Footnote 42: For a very striking illustration, see Deuteronomy vii, 6, +7.] + + + + +CHAPTER VI. + + The Preamble to the Constitution--subject continued.--Growth of + the Federal Government and Accretions of Power.--Revival of Old + Errors.--Mistakes and Misstatements.--Webster, Story, and + Everett.--Who "ordained and established" the Constitution? + + +In the progressive growth of the Government of the United States in +power, splendor, patronage, and consideration abroad, men have been led +to exalt the place of the _Government_ above that of the _States_ which +_created_ it. Those who would understand the true principles of the +Constitution can not afford to lose sight of the essential _plurality_ +of idea invariably implied in the term "United States," wherever it is +used in that instrument. No such unit as the United States is ever +mentioned therein. We read that "no title of nobility shall be granted +by the United States, and no person holding any office of profit or +trust under _them_ shall, without the consent of Congress, accept," +etc.[43] "The President ... shall not receive, within that period, any +other emolument from the United States, or any of _them_."[44] "The laws +of the United States, and treaties made or which shall be made under +_their_ authority," etc.[45] "Treason against the United States shall +consist only in levying war against _them_, or in adhering to _their_ +enemies."[46] The Federal character of the Union is expressed by this +very phraseology, which recognizes the distinct integrity of its +members, not as fractional parts of one great unit, but as component +units of an association. So clear was this to contemporaries, that it +needed only to be pointed out to satisfy their scruples. We have seen +how effectual was the answer of Mr. Madison to the objections raised by +Patrick Henry. Mr. Tench Coxe, of Pennsylvania, one of the ablest +political writers of his generation, in answering a similar objection, +said: "If the Federal Convention had meant to exclude the idea of +'union'--that is, of several and separate sovereignties joining in a +confederacy--they would have said, 'We, the people of America'; for +union necessarily involves the idea of competent States, which complete +consolidation excludes."[47] + +More than forty years afterward, when the gradual accretions to the +power, _prestige_, and influence of the central Government had grown to +such extent as to begin to hide from view the purposes for which it was +founded, those very objections, which in the beginning had been +answered, abandoned, and thrown aside, were brought to light again, and +presented to the country as expositions of the true meaning of the +Constitution. Mr. Webster, one of the first to revive some of those +early misconceptions so long ago refuted as to be almost forgotten, and +to breathe into them such renewed vitality as his commanding genius +could impart, in the course of his well-known debate in the Senate with +Mr. Hayne, in 1830, said: + + "It can not be shown that the Constitution is a compact between + State governments. The Constitution itself, in its very front, + refutes that proposition: it declares that it is ordained and + established by the people of the United States. So far from + saying that it is established by the governments of the several + States, it does not even say that it is established by the + people of the several States; but it pronounces that it is + established by the people of the United States in the + aggregate."[48] + +Judge Story about the same time began to advance the same theory, but +more guardedly and with less rashness of statement. It was not until +thirty years after that it attained its full development in the +annunciations of sectionists rather than statesmen. Two such may suffice +as specimens: + +Mr. Edward Everett, in his address delivered on the 4th of July, 1861, +and already referred to, says of the Constitution: "That instrument does +not purport to be a 'compact,' but a constitution of government. It +appears, in its first sentence, not to have been entered into by the +States, but to have been ordained and established by the people of the +United States for themselves and their 'posterity.' The States are not +named in it; nearly all the characteristic powers of sovereignty are +expressly granted to the General Government and expressly prohibited to +the States."[49] Mr. Everett afterward repeats the assertion that "the +States are not named in it."[50] + +But a yet more extraordinary statement of the "one people" theory is +found in a letter addressed to the London "Times," in the same year, +1861, on the "Causes of the Civil War," by Mr. John Lothrop Motley, +afterward Minister to the Court of St. James. In this letter Mr. Motley +says of the Constitution of the United States: + + "It was not a compact. Who ever heard of a compact to which + there were no parties? or who ever heard of a compact made by a + single party with himself? Yet the name of no State is mentioned + in the whole document; the States themselves are only mentioned + to receive commands or prohibitions; and the 'people of the + United States' is the single party by whom alone the instrument + is executed. + + "The Constitution was not drawn up by the States, it was not + promulgated in the name of the States, it was not ratified by + the States. The States never acceded to it, and possess no power + to secede from it. It was 'ordained and established' over the + States by a power superior to the States; by the people of the + whole land in their aggregate capacity," etc. + +It would be very hard to condense a more amazing amount of audacious and +reckless falsehood in the same space. In all Mr. Motley's array of bold +assertions, there is not one single truth--unless it be, perhaps, that +"the Constitution was not drawn up by the States." Yet it was drawn up +by their delegates, and it is of such material as this, derived from +writers whose reputation gives a semblance of authenticity to their +statements, that history is constructed and transmitted. + +One of the most remarkable--though, perhaps, the least important--of +these misstatements is that which is also twice repeated by Mr. +Everett--that the name of no State is mentioned in the whole document, +or, as he puts it, "the States are not named in it." Very little careful +examination would have sufficed to find, in the second section of the +very first article of the Constitution, the names of every one of the +thirteen then existent States distinctly mentioned, with the number of +representatives to which each would be entitled, in case of acceding to +the Constitution, until a census of their population could be taken. The +mention there made of the States by name is of no special significance; +it has no bearing upon any question of principle; and the denial of it +is a purely gratuitous illustration of the recklessness of those from +whom it proceeds, and the low estimate put on the intelligence of those +addressed. It serves, however, to show how much credence is to be given +to their authority as interpreters and expounders. + +The reason why the names of the ratifying States were not mentioned has +already been given: it was simply because it was not known which States +would ratify. But, as regards mention of "the several States," "each +State," "any State," "particular States," and the like, the Constitution +is full of it. I am informed, by one who has taken the pains to examine +carefully that document with reference to this very point, that--without +including any mention of "the United States" or of "foreign states," and +excluding also the amendments--the Constitution, in its original draft, +makes mention of the States, _as_ States, no less than _seventy_ times; +and of these seventy times, only _three_ times in the way of prohibition +of the exercise of a power. In fact, it is full of statehood. Leave out +all mention of the States--I make no mere verbal point or quibble, but +mean the States in their separate, several, distinct capacity--and what +would remain would be of less account than the play of the Prince of +Denmark with the part of _Hamlet_ omitted. + +But, leaving out of consideration for the moment all minor questions, +the vital and essential point of inquiry now is, by what authority the +Constitution was "ordained and established." Mr. Webster says it was +done "by the people of the United States in the aggregate;" Mr. Everett +repeats substantially the same thing; and Mr. Motley, taking a step +further, says that "it was 'ordained and established' by a _power +superior to the States_--by the people of the whole land in their +aggregate capacity." + +The advocates of this mischievous dogma assume the existence of an +unauthorized, undefined power of a "whole people," or "people of the +whole land," operating through the agency of the Philadelphia +Convention, to impose its decrees upon the States. They forget, in the +first place, that this Convention was composed of delegates, not of any +one people, but of distinct States; and, in the second place, that their +action had no force or validity whatever--in the words of Mr. Madison, +that it was of no more consequence than the paper on which it was +written--until approved and ratified by a sufficient number of States. +The meaning of the preamble, "We, the people of the United States ... do +ordain and establish this Constitution," is ascertained, fixed, and +defined by the final article: "The ratification of the conventions of +_nine States_ shall be sufficient for the _establishment_ of this +Constitution between _the States so ratifying_ the same." If it was +already established, what need was there of further establishment? It +was not ordained or established at all, until ratified by the requisite +number of States. The announcement in the preamble of course had +reference to that expected ratification, without which the preamble +would have been as void as the body of the instrument. The assertion +that "it was not ratified by the States" is so plainly and positively +contrary, to well-known fact--so inconsistent with the language of the +Constitution itself--that it is hard to imagine what was intended by it, +unless it was to take advantage of the presumed ignorance of the subject +among the readers of an English journal, to impose upon them, a +preposterous fiction. It was State ratification alone--the ratification +of the _people_ of each State, independently of all other people--that +gave force, vitality, and validity to the Constitution. + +Judge Story, referring to the fact that the voters assembled in the +several States, asks where else they could have assembled--a pertinent +question on our theory, but the idea he evidently intended to convey was +that the voting of "the people" by States was a mere matter of +geographical necessity, or local convenience; just as the people of a +State vote by counties; the people of a county by towns, "beats," or +"precincts"; and the people of a city by wards. It is hardly necessary +to say that, in all organized republican communities, majorities govern. +When we speak of the will of the people of a community, we mean the will +of a majority, which, when constitutionally expressed, is binding on any +minority of the same community. + +If, then, we can conceive, and admit for a moment, the possibility that, +when the Constitution was under consideration, the people of the United +States were politically "one people"--a collective unit--two deductions +are clearly inevitable: In the first place, each geographical division +of this great community would have been entitled to vote according to +its relative population; and, in the second, the expressed will of the +legal majority would have been binding upon the whole. A denial of the +first proposition would be a denial of common justice and equal rights; +a denial of the second would be to destroy all government and establish +mere anarchy. + +Now, _neither_ of these principles was practiced or proposed or even +imagined in the case of the action of the people of the United States +(if they were one political community) upon the proposed Constitution. +On the contrary, seventy thousand people in the State of Delaware had +precisely the same weight--one vote--in its ratification, as seven +hundred thousand (and more) in Virginia, or four hundred thousand in +Pennsylvania. Would not this have been an intolerable grievance and +wrong--would no protest have been uttered against it--if these had been +fractional parts of one community of people? + +Again, while the will of the consenting majority _within_ any State was +binding on the opposing minority in the same, no majority, or +majorities, of States or people had any control whatever upon the people +of _another_ State. The Constitution was established, not "_over_ the +States," as asserted by Motley, but "_between_ the States," and only +"between _the States so ratifying_ the same." Little Rhode Island, with +her seventy thousand inhabitants, was not a mere fractional part of "the +people of the whole land," during the period for which she held aloof, +but was as free, independent, and unmolested, as any other sovereign +power, notwithstanding the majority of more than three millions of "the +whole people" on the other side of the question. + +Before the ratification of the Constitution--when there was some excuse +for an imperfect understanding or misconception of the terms +proposed--Mr. Madison thus answered, in advance, the objections made on +the ground of this misconception, and demonstrated its fallacy. He +wrote: + + "That it will be a federal and not a national act, as these + terms are understood by objectors--the act of the people, as + forming so many independent States, not as forming one aggregate + nation--is obvious from this single consideration, that it is to + result neither from the decision of a _majority_ of the people + of the Union nor from that of a _majority_ of _the States_. It + must result from the _unanimous_ assent of the several _States + that are parties to it_, differing no otherwise from their + ordinary assent than in its being expressed, not by the + legislative authority, but by that of the people themselves. + Were the people regarded in this transaction as forming one + nation, the will of the majority of the whole people of the + United States would bind the minority, in the same manner as the + majority in each State must bind the minority; and the will of + the majority must be determined either by a comparison of the + individual votes or by considering the will of the majority of + the States as evidence of the will of a majority of the people + of the United States. Neither of these has been adopted. Each + State, in ratifying the Constitution, is considered as a + sovereign body, independent of all others, and only to be bound + by its own voluntary act."[51] + +It is a tedious task to have to expose the misstatements, both of fact +and of principle, which have occupied so much attention, but it is +rendered necessary by the extent to which they have been imposed upon +the acceptance of the public, through reckless assertion and confident +and incessant repetition. + + "'I remember,' says Mr. Webster, 'to have heard Chief-Justice + Marshall ask counsel, who was insisting upon the authority of an + act of legislation, _if he thought an act of legislation could + create or destroy a fact, or change the truth of history_? + "Would it alter the fact," said he, "if a Legislature should + solemnly enact that Mr. Hume never wrote the History of + England?" A Legislature may alter the law,' continues Mr. + Webster, 'but no power can reverse a fact.' Hence, if the + Convention of 1787 had expressly declared that the Constitution + was [to be] ordained by 'the people of the United States _in the + aggregate_,' or by the people of America as one nation, this + would not have destroyed the fact that it was ratified by each + State for itself, and that each State was bound only by 'its own + voluntary act.'" (Bledsoe.) + +But the Convention, as we have seen, said no such thing. No such +community as "the people of the United States in the aggregate" is known +to it, or ever acted on it. It was ordained, established, and ratified +by the people of the several States; and no theories or assertions of a +later generation can change or conceal this fixed fact, as it stands +revealed in the light of contemporaneous records. + + +[Footnote 43: Article I, section 9, clause 8.] + +[Footnote 44: Article II, section 1, clause 6.] + +[Footnote 45: Article III, section 2.] + +[Footnote 46: Article III, section 3.] + +[Footnote 47: "American Museum," February, 1788.] + +[Footnote 48: Benton's "Abridgment," vol. x, p. 448.] + +[Footnote 49: See address by Edward Everett at the Academy of Music, New +York, July 4, 1861.] + +[Footnote 50: Ibid.] + +[Footnote 51: "Federalist," No. xxxix.] + + + + +CHAPTER VII. + + Verbal Cavils and Criticisms.--"Compact," "Confederacy," + "Accession," etc.--The "New Vocabulary."--The Federal + Constitution a Compact, and the States acceded to it.--Evidence + of the Constitution itself and of Contemporary Records. + + +I have habitually spoken of the Federal Constitution as a compact, and +of the parties to it as sovereign States. These terms should not, and in +earlier times would not, have required explanation or vindication. But +they have been called in question by the modern school of consolidation. +These gentlemen admit that the Government under the Articles of +Confederation was a compact. Mr. Webster, in his rejoinder to Mr. Hayne, +on the 27th of January, 1830, said: + + "When the gentleman says the Constitution is a compact between + the States, he uses language exactly applicable to the old + Confederation. He speaks as if he were in Congress before 1789. + He describes fully that old state of things then existing. The + Confederation was, in strictness, a compact; the States, as + States, were parties to it. We had no other General Government. + But that was found insufficient and inadequate to the public + exigencies. The people were not satisfied with it, and undertook + to establish a better. They undertook to form a General + Government, which should stand on a new basis--not a + confederacy, not a league, not a compact between States, but a + Constitution."[52] + +Again, in his discussion with Mr. Calhoun, three years afterward, he +vehemently reiterates the same denial. Of the Constitution, he says: +"Does it call itself a compact? Certainly not. It uses the word +'compact' but once, and that when it declares that the States shall +enter into no compact.[53] Does it call itself a league, a confederacy, +a subsisting treaty between the States? Certainly not. There is not a +particle of such language in all its pages."[54] + +The artist, who wrote under his picture the legend "This is a horse," +made effectual provision against any such cavil as that preferred by Mr. +Webster and his followers, that the Constitution is not a compact, +because it is not "so nominated in the bond." As well as I can +recollect, there is no passage in the "Iliad" or the "AEneid" in which +either of those great works "calls itself," or is called by its author, +an epic poem, yet this would scarcely be accepted as evidence that they +are not epic poems. In an examination of Mr. Webster's remarks, I do not +find that he announces them to be either a speech or an argument; yet +their claim to both these titles will hardly be disputed-- +notwithstanding the verbal criticism on the Constitution just quoted. + +The distinction attempted to be drawn between the language proper to a +confederation and that belonging to a constitution, as indicating two +different ideas, will not bear the test of examination and application +to the case of the United States. It has been fully shown, in previous +chapters, that the terms "Union," "Federal Union," "Federal +Constitution," "Constitution of the Federal Government," and the like, +were used--not merely in colloquial, informal speech, but in public +proceedings and official documents--with reference to the Articles of +Confederation, as freely as they have since been employed under the +present Constitution. The former Union was--as Mr. Webster expressly +admits--as nobody denies--a compact between States, yet it nowhere +"calls itself" "a compact"; the word does not occur in it even the one +time that it occurs in the present Constitution, although the +contracting States are in both prohibited from entering into any +"treaty, confederation, or alliance" with one another, or with any +foreign power, without the consent of Congress; and the contracting or +constituent parties are termed "United States" in the one just as in the +other. + +Mr. Webster is particularly unfortunate in his criticisms upon what he +terms the "new vocabulary," in which the Constitution is styled a +compact, and the States which ratified it are spoken of as having +"acceded" to it. In the same speech, last quoted, he says: + + "This word 'accede,' not found either in the Constitution itself + or in the ratification of it by any one of the States, has been + chosen for use here, doubtless not without a well-considered + purpose. The natural converse of accession is secession; and + therefore, when it is stated that the people of the States + acceded to the Union, it may be more plausibly argued that they + may secede from it. If, in adopting the Constitution, nothing + was done but acceding to a compact, nothing would seem + necessary, in order to break it up, but to secede from the same + compact. But the term is wholly out of place. Accession, as a + word applied to political associations, implies coming into a + league, treaty, or confederacy, by one hitherto a stranger to + it; and secession implies departing from such league or + confederacy. The people of the United States have used no such + form of expression in establishing the present Government."[55] + +Repeating and reiterating in many forms what is substantially the same +idea, and attributing the use of the terms which he attacks to an +ulterior purpose, Mr. Webster says: + + "This is the reason, sir, which makes it necessary to abandon + the use of constitutional language for a new vocabulary, and to + substitute, in the place of plain, historical facts, a series of + assumptions. This is the reason why it is necessary to give new + names to things; to speak of the Constitution, not as a + constitution, but as a compact; and of the ratifications by the + people, not as ratifications, but as acts of accession."[56] + +In these and similar passages, Mr. Webster virtually concedes that, if +the Constitution _were_ a compact; if the Union _were_ a confederacy; if +the States _had_, as States, severally acceded to it--all which +propositions he denies--then the sovereignty of the States and their +right to secede from the Union would be deducible. + +Now, it happens that these very terms--"compact," "confederacy," +"accede," and the like--were the terms in familiar use by the authors of +the Constitution and their associates with reference to that instrument +and its ratification. Other writers, who have examined the subject since +the late war gave it an interest which it had never commanded before, +have collected such an array of evidence in this behalf that it is +necessary only to cite a few examples. + +The following language of Mr. Gerry, of Massachusetts, in the Convention +of 1787, has already been referred to: "If nine out of thirteen States +can dissolve _the compact_, six out of nine will be just as able to +dissolve _the new one_ hereafter." + +Mr. Gouverneur Morris, one of the most pronounced advocates of a strong +central government, in the Convention, said: "He came here to form _a +compact_ for the good of Americans. He was ready to do so with all the +States. He hoped and believed they all would enter into such a +_compact_. If they would not, he would be ready to join with any States +that would. But, as the _compact_ was to be voluntary, it is in vain for +the Eastern States to insist on what the Southern States will never +agree to."[57] + +Mr. Madison, while inclining to a strong government, said: "In the case +of a union of people under one Constitution, the nature of _the pact_ +has always been understood," etc.[58] + +Mr. Hamilton, in the "Federalist," repeatedly speaks of the new +government as a "_confederate republic_" and a "_confederacy_," and +calls the Constitution a "compact." (See especially Nos. IX. and LXXXV.) + +General Washington--who was not only the first President under the new +Constitution, but who had presided over the Convention that drew it +up--in letters written soon after the adjournment of that body to +friends in various States, referred to the Constitution as a _compact_ +or treaty, and repeatedly uses the terms "accede" and "accession," and +once the term "secession." + +He asks what the opponents of the Constitution in Virginia would do, "if +nine other States should _accede_ to the Constitution." + +Luther Martin, of Maryland, informs us that, in a committee of the +General Convention of 1787, protesting against the proposed violation of +the principles of the "perpetual union" already formed under the +Articles of Confederation, he made use of such language as this: + + "Will you tell us we ought to trust you because you now enter + into a solemn _compact_ with us? This you have done before, and + now treat with the utmost contempt. Will you now make an appeal + to the Supreme Being, and call on Him to guarantee your + observance of this _compact_? The same you have formerly done + for your observance of the Articles of Confederation, which you + are now violating in the most wanton manner."[59] + +It is needless to multiply the proofs that abound in the writings of the +"fathers" to show that Mr. Webster's "new vocabulary" was the very +language they familiarly used. Let two more examples suffice, from +authority higher than that of any individual speaker or writer, however +eminent--from authority second only, if at all inferior, to that of the +text of the Constitution itself--that is, from the acts or ordinances of +ratification by the States. They certainly ought to have been +conclusive, and should not have been unknown to Mr. Webster, for they +are the language of Massachusetts, the State which he represented in the +Senate, and of New Hampshire, the State of his nativity. + +The ratification of Massachusetts is expressed in the following terms: + + "COMMONWEALTH OF MASSACHUSETTS. + + "The Convention, having impartially discussed and fully + considered a Constitution for the United States of America, + reported to Congress by the convention of delegates from the + United States of America, and submitted to us by a resolution of + the General Court of the said Commonwealth, passed the 25th day + of October last past, and acknowledging with grateful hearts the + goodness of the Supreme Ruler of the universe, in affording the + people of the United States, in the course of his Providence, an + opportunity, deliberately and peaceably, without fraud or + surprise, of entering into an explicit and solemn COMPACT with + each other, by assenting to and ratifying a new Constitution, in + order to form a more perfect Union, establish justice, insure + domestic tranquillity, provide for the common defense, promote + the general welfare, and secure the blessings of liberty to + themselves and their posterity--do, in the name and in behalf of + the people of the Commonwealth of Massachusetts, assent to and + ratify the said Constitution for the United States of America." + +The ratification of New Hampshire is expressed in precisely the same +words, save only the difference of date of the resolution of the +Legislature (or "General Court") referred to, and also the use of the +word "State" instead of "Commonwealth." Both distinctly accept it as a +_compact_ of the States "with each other"--which Mr. Webster, a son of +New Hampshire and a Senator from Massachusetts, declared it was not; and +not only so, but he repudiated the very "vocabulary" from which the +words expressing the doctrine were taken. + +It would not need, however, this abounding wealth of contemporaneous +exposition--it does not require the employment of any particular words +in the Constitution--to prove that it was drawn up as a compact between +sovereign States entering into a confederacy with each other, and that +they ratified and acceded to it separately, severally, and +independently. The very structure of the whole instrument and the facts +attending its preparation and ratification would suffice. The language +of the final article would have been quite enough: "The ratification of +the conventions of nine States shall be sufficient for the establishment +of this Constitution between the States so ratifying the same." This is +not the "language" of a superior imposing a mandate upon subordinates. +The consent of the contracting parties is necessary to its validity, and +then it becomes not the acceptance and recognition of an authority +"_over_" them--as Mr. Motley represents--but of a compact _between_ +them. The simple word "between" is incompatible with any other idea than +that of a compact by independent parties. + +If it were possible that any doubt could still exist, there is one +provision in the Constitution which stamps its character as a compact +too plainly for cavil or question. The Constitution, which had already +provided for the representation of the States in both Houses of +Congress, thereby bringing the matter of representation within the power +of amendment, in its fifth article contains a stipulation that "no +State, without its [own] consent, shall be deprived of its equal +suffrage in the Senate." If this is not a compact between the States, +the smaller States have no guarantee for the preservation of their +equality of representation in the United States Senate. If the +obligation of a contract does not secure it, the guarantee itself is +liable to amendment, and may be swept away at the will of three fourths +of the States, without wrong to any party--for, according to this +theory, there is no party of the second part. + + +[Footnote 52: Gales and Seaton's "Register of Congressional Debates," +vol. vi, Part I, p. 93.] + +[Footnote 53: The words "with another State or with a foreign power" +should have been added to make this statement accurate.] + +[Footnote 54: "Congressional Debates," vol. ix, Part I, p. 563.] + +[Footnote 55: "Congressional Debates," vol. ix, Part I, p. 566.] + +[Footnote 56: Ibid., pp. 557, 558.] + +[Footnote 57: "Madison Papers," pp. 1081, 1082.] + +[Footnote 58: Ibid., p. 1184.] + +[Footnote 59: Luther Martin's "Genuine Information," in Wilbur Curtiss's +"Secret Proceedings and Debates of the Convention," p. 29.] + + + + +CHAPTER VIII. + + Sovereignty. + + +"The term 'sovereign' or 'sovereignty,'" says Judge Story, "is used in +different senses, which often leads to a confusion of ideas, and +sometimes to very mischievous and unfounded conclusions." Without any +disrespect for Judge Story, or any disparagement of his great learning +and ability, it may safely be added that he and his disciples have +contributed not a little to the increase of this confusion of ideas and +the spread of these mischievous and unfounded conclusions. There is no +good reason whatever why it should be used in different senses, or why +there should be any confusion of ideas as to its meaning. Of all the +terms employed in political science, it is one of the most definite and +intelligible. The definition of it given by that accurate and lucid +publicist, Burlamaqui, is simple and satisfactory--that "sovereignty is +a right of commanding in the last resort in civil society."[60] The +original seat of this sovereignty he also declares to be in the people. +"But," he adds, "when once the people have transferred their right to a +sovereign [i.e., a monarch], they can not, without contradiction, be +supposed to continue still masters of it."[61] This is in strict accord +with the theory of American republicanism, the peculiarity of which is +that the people _never do_ transfer their right of sovereignty, either +in whole or in part. They only delegate to their governments the +exercise of such of its functions as may be necessary, subject always to +their own control, and to reassumption whenever such government fails to +fulfill the purposes for which it was instituted. + +I think it has already been demonstrated that, in this country, the only +political community--the only independent corporate unit through which +the people can exercise their sovereignty, is the State. Minor +communities--as those of counties, cities, and towns--are merely +fractional subdivisions of the State; and these do not affect the +evidence that there was not such a political community as the "people of +the United States in the aggregate." + +That the States were severally sovereign and independent when they were +united under the Articles of Confederation, is distinctly asserted in +those articles, and is admitted even by the extreme partisans of +consolidation. Of right, they are still sovereign, unless they have +surrendered or been divested of their sovereignty; and those who deny +the proposition have been vainly called upon to point out the process by +which they have divested themselves, or have been divested of it, +otherwise than by usurpation. + +Since Webster spoke and Story wrote upon the subject, however, the +sovereignty of the States has been vehemently denied, or explained away +as only a partial, imperfect, mutilated sovereignty. Paradoxical +theories of "divided sovereignty" and "delegated sovereignty" have +arisen, to create that "confusion of ideas" and engender those +"mischievous and unfounded conclusions," of which Judge Story speaks. +Confounding the sovereign authority of the _people_ with the delegated +powers conferred by them upon their _governments_, we hear of a +Government of the United States "sovereign within its sphere," and of +State governments "sovereign in _their_ sphere"; of the surrender by the +States of _part_ of their sovereignty to the United States, and the +like. Now, if there be any one great principle pervading the Federal +Constitution, the State Constitutions, the writings of the fathers, the +whole American system, as clearly as the sunlight pervades the solar +system, it is that _no_ government is sovereign--that all governments +derive their powers from the people, and exercise them in subjection to +the will of the people--not a will expressed in any irregular, lawless, +tumultuary manner, but the will of the organized political community, +expressed through authorized and legitimate channels. The founders of +the American republics never conferred, nor intended to confer, +sovereignty upon either their State or Federal Governments. + +If, then, the people of the States, in forming a Federal Union, +surrendered--or, to use Burlamaqui's term, transferred--or if they meant +to surrender or transfer--_part_ of their sovereignty, to whom was the +transfer made? Not to "the people of the United States in the +aggregate"; for there was no such people in existence, and they did not +create or constitute such a people by merger of themselves. Not to the +Federal Government; for they disclaimed, as a fundamental principle, the +sovereignty of any government. There was no such surrender, no such +transfer, in whole or in part, expressed or implied. They retained, and +intended to retain, their sovereignty in its integrity--undivided and +indivisible. + +"But, indeed," says Mr. Motley, "the words 'sovereign' and 'sovereignty' +are purely inapplicable to the American system. In the Declaration of +Independence the provinces declare themselves 'free and independent +States,' but the men of those days knew that the word 'sovereign' was a +term of feudal origin. When their connection with a time-honored feudal +monarchy was abruptly severed, the word 'sovereign' had no meaning for +us."[62] + +If this be true, "the men of those days" had a very extraordinary way of +expressing their conviction that the word "had no meaning for us." We +have seen that, in the very front of their Articles of Confederation, +they set forth the conspicuous declaration that each State retained "its +_sovereignty_, freedom, and independence." + +Massachusetts--the State, I believe, of Mr. Motley's nativity and +citizenship--in her original Constitution, drawn up by "men of those +days," made this declaration: + + "The people inhabiting the territory formerly called the + Province of Massachusetts Bay do hereby solemnly and mutually + agree with each other to form themselves into a free, + _sovereign_, and independent body politic, or State, by the name + of _The Commonwealth of Massachusetts_." + +New Hampshire, in her Constitution, as revised in 1792, had identically +the same declaration, except as regards the name of the State and the +word "State" instead of "Commonwealth." + +Mr. Madison, one of the most distinguished of the men of that day and of +the advocates of the Constitution, in a speech already once referred to, +in the Virginia Convention of 1788, explained that "We, the people," who +were to establish the Constitution, were the people of "thirteen +SOVEREIGNTIES."[63] + +In the "Federalist," he repeatedly employs the term--as, for example, +when he says: "Do they [the fundamental principles of the Confederation] +require that, in the establishment of the Constitution, the States +should be regarded as distinct and independent SOVEREIGNS? They _are_ so +regarded by the Constitution proposed."[64] + +Alexander Hamilton--another contemporary authority, no less +illustrious--says, in the "Federalist": + + "It is inherent in the nature of _sovereignty_, not to be + amenable to the suit of an individual without its consent. This + is the general sense and the general practice of mankind; and + the exemption, as one of the attributes of _sovereignty_, is now + enjoyed by the government of _every State_ in the Union."[65] + +In the same paragraph he uses these terms, "sovereign" and +"sovereignty," repeatedly--always with reference to the States, +respectively and severally. + +Benjamin Franklin advocated equality of suffrage in the Senate as a +means of securing "the _sovereignties_ of the individual States."[66] +James Wilson, of Pennsylvania, said sovereignty "is in the people before +they make a Constitution, and remains in them," and described the people +as being "thirteen independent sovereignties."[67] Gouverneur Morris, +who was, as well as Wilson, one of the warmest advocates in the +Convention of a strong central government, spoke of the Constitution as +"a _compact_," and of the parties to it as "each enjoying _sovereign_ +power."[68] Roger Sherman, of Connecticut, declared that the Government +"was instituted by a number of _sovereign States_."[69] Oliver +Ellsworth, of the same State, spoke of the States as "sovereign +bodies."[70] These were all eminent members of the Convention which +formed the Constitution. + +There was scarcely a statesman of that period who did not leave on +record expressions of the same sort. But why multiply citations? It is +very evident that the "men of those days" entertained very different +views of sovereignty from those set forth by the "new lights" of our +day. Far from considering it a term of feudal origin, "purely +inapplicable to the American system," they seem to have regarded it as a +very vital principle in that system, and of necessity belonging to the +several States--and I do not find a single instance in which they +applied it to any political organization, except the States. + +Their ideas were in entire accord with those of Vattel, who, in his +chapter "Of Nations or Sovereign States," writes, "Every _nation_ that +governs itself, under what form soever, without any dependence on +foreign power, is a _sovereign state_."[71] + +In another part of the same chapter he gives a lucid statement of the +nature of a confederate republic, such as ours was designed to be. He +says: + + "Several sovereign and independent states may unite themselves + together by a perpetual confederacy, without each in particular + ceasing to be _a perfect state_. They will form together a + federal republic: the deliberations in common will offer no + violence to _the sovereignty of each member_, though they may, + in certain respects, put some restraint on the exercise of it, + in virtue of voluntary engagements. A person does not cease to + be free and independent, when he is obliged to fulfill the + engagements into which he has very willingly entered."[72] + +What this celebrated author means here by a person, is explained by a +subsequent passage: "The law of nations is the law of sovereigns; states +free and independent are moral persons."[73] + + +[Footnote 60: "Principes du Droit Politique," chap. v, section I; also, +chap. vii, section 1.] + +[Footnote 61: Ibid., chap. vii, section 12.] + +[Footnote 62: "Rebellion Record," vol. i, Documents, p. 211.] + +[Footnote 63: Elliott's "Debates," vol. iii, p. 114, edition of 1836.] + +[Footnote 64: "Federalist," No. xl.] + +[Footnote 65: Ibid, No. lxxxi.] + +[Footnote 66: See Elliott's "Debates," vol. v, p. 266.] + +[Footnote 67: Ibid., vol. ii, p. 443.] + +[Footnote 68: See "Life of Gouverneur Morris," vol. iii, p. 193.] + +[Footnote 69: See "Writings of John Adams," vol. vii, letter of Roger +Sherman.] + +[Footnote 70: See Eliott's "Debates," vol. ii, p. 197.] + +[Footnote 71: "Law of Nations," Book I, chap. i, section 4.] + +[Footnote 72: Ibid., section 10.] + +[Footnote 73: Ibid., section 12.] + + + + +CHAPTER IX. + + The same Subject continued.--The Tenth Amendment.--Fallacies + exposed.--"Constitution," "Government," and "People" + distinguished from each other.--Theories refuted by + Facts.--Characteristics of Sovereignty.--Sovereignty + identified.--Never thrown away. + + +If any lingering doubt could have existed as to the reservation of their +entire sovereignty by the people of the respective States, when they +organized the Federal Union, it would have been removed by the adoption +of the tenth amendment to the Constitution, which was not only one of +the amendments proposed by various States when ratifying that +instrument, but the particular one in which they substantially agreed, +and upon which they most urgently insisted. Indeed, it is quite certain +that the Constitution would never have received the assent and +ratification of Massachusetts, New Hampshire, New York, North Carolina, +and perhaps other States, but for a well-grounded assurance that the +substance of this amendment would be adopted as soon as the requisite +formalities could be complied with. That amendment is in these words: + + "The powers not delegated to the United States by the + Constitution nor prohibited by it to the States are reserved to + the States respectively, or to the people." + +The full meaning of this article may not be as clear to us as it was to +the men of that period, on account of the confusion of ideas by which +the term "people"--plain enough to them--has since been obscured, and +also the ambiguity attendant upon the use of the little conjunction +_or_, which has been said to be the most equivocal word in our language, +and for that reason has been excluded from indictments in the English +courts. The true intent and meaning of the provision, however, may be +ascertained from an examination and comparison of the terms in which it +was expressed by the various States which proposed it, and whose ideas +it was intended to embody. + +Massachusetts and New Hampshire, in their ordinances of ratification, +expressing the opinion "that certain amendments and alterations in the +said Constitution would remove the fears and quiet the apprehensions of +many of the good people of this Commonwealth [State (New Hampshire)], +and more effectually guard against an undue administration of the +Federal Government," each recommended several such amendments, putting +this at the head in the following form: + + "That it be explicitly declared that all powers not expressly + delegated by the aforesaid Constitution are _reserved to the + several States_, to be by them exercised." + +Of course, those stanch republican communities meant _the people of the +States_--not their _governments_, as something distinct from their +people. + +New York expressed herself as follows: + + "That the powers of government may be reassumed by the people + whenever it shall become necessary to their happiness; that + every power, jurisdiction, and right, which is not by the said + Constitution clearly delegated to the Congress of the United + States, or the departments of the Government thereof, remains to + _the people of the several States, or to their respective State + governments, to whom they may have granted the same_; and that + those clauses in the said Constitution, which declare that + Congress shall not have or exercise certain powers, do not imply + that Congress is entitled to any powers not given by the said + Constitution; but such clauses are to be construed either as + exceptions to certain specified powers or as inserted merely for + greater caution." + +South Carolina expressed the idea thus: + + "This Convention doth also declare that no section or paragraph + of the said Constitution warrants a construction that _the + States do not retain_ every power not expressly relinquished by + them and vested in the General Government of the Union." + +North Carolina proposed it in these terms: + + "Each State in the Union shall respectively retain every power, + jurisdiction, and right, which is not by this Constitution + delegated to the Congress of the United States or to the + departments of the General Government." + +Rhode Island gave in her long-withheld assent to the Constitution, "in +full confidence" that certain proposed amendments would be adopted, the +first of which was expressed in these words: + + "That Congress shall guarantee _to each State_ its SOVEREIGNTY, + _freedom, and independence_, and every power, jurisdiction, and + right, which is not by this Constitution expressly delegated to + the United States." + +This was in May, 1790, when nearly three years had been given to +discussion and explanation of the new Government by its founders and +others, when it had been in actual operation for more than a year, and +when there was every advantage for a clear understanding of its nature +and principles. Under such circumstances, and in the "full confidence" +that this language expressed its meaning and intent, the people of Rhode +Island signified their "accession" to the "Confederate Republic" of the +States already united. + +No objection was made from any quarter to the principle asserted in +these various forms; or to the amendment in which it was finally +expressed, although many thought it unnecessary, as being merely +declaratory of what would have been sufficiently obvious without +it--that the functions of the Government of the United States were +strictly limited to the exercise of such powers as were expressly +delegated, and that the people of the several States retained all +others. + +Is it compatible with reason to suppose that people so chary of the +delegation of specific powers or functions could have meant to surrender +or transfer the very basis and origin of all power--their inherent +sovereignty--and this, not by express grant, but by implication? + +Mr. Everett, following, whether consciously or not, in the line of Mr. +Webster's ill-considered objection to the term "compact," takes +exception to the sovereignty of the States on the ground that "the +_word_ 'sovereignty' does not occur" in the Constitution. He admits that +the States were sovereign under the Articles of Confederation. How could +they relinquish or be deprived of their sovereignty without even a +mention of it--when the tenth amendment confronts us with the +declaration that _nothing_ was surrendered by implication--that +everything was reserved unless expressly delegated to the United States +or prohibited to the States? Here is an attribute which they certainly +possessed--which nobody denies, or can deny, that they _did_ +possess--and of which Mr. Everett says no mention is made in the +Constitution. In what conceivable way, then, was it lost or alienated? + +Much has been said of the "prohibition" of the exercise by the States of +certain functions of sovereignty; such as, making treaties, declaring +war, coining money, etc. This is only a part of the general compact, by +which the contracting parties covenant, one with another, to abstain +from the separate exercise of certain powers, which they agree to +intrust to the management and control of the union or general agency of +the parties associated. It is not a prohibition imposed upon them from +without, or from above, by any external or superior power, but is +self-imposed by their free consent. The case is strictly analogous to +that of individuals forming a mercantile or manufacturing copartnership, +who voluntarily agree to refrain, as individuals, from engaging in other +pursuits or speculations, from lending their individual credit, or from +the exercise of any other right of a citizen, which they may think +proper to subject to the consent, or intrust to the management of the +firm. + +The prohibitory clauses of the Constitution referred to are not at all a +denial of the full sovereignty of the States, but are merely an +agreement among them to exercise certain powers of sovereignty in +concert, and not separately and apart. + +There is one other provision of the Constitution, which is generally +adduced by the friends of centralism as antagonistic to State +sovereignty. This is found in the second clause of the sixth article, as +follows: + + "This Constitution, and the laws of the United States which + shall be made in pursuance thereof, and all treaties made, or + which shall be made, under the authority of the United States, + shall be the supreme law of the land; and the judges in every + State shall be bound thereby, anything in the Constitution or + laws of any State to the contrary notwithstanding." + +This enunciation of a principle, which, even if it had not been +expressly declared, would have been a necessary deduction from the +acceptance of the Constitution itself, has been magnified and perverted +into a meaning and purpose entirely foreign to that which plain +interpretation is sufficient to discern. Mr. Motley thus dilates on the +subject: + + "Could language be more imperial? Could the claim to State + 'sovereignty' be more completely disposed of at a word? How can + that be sovereign, acknowledging no superior, supreme, which has + voluntarily accepted a supreme law from something which it + acknowledges as superior?"[74] + +The mistake which Mr. Motley--like other writers of the same +school--makes is one which is disposed of by a very simple correction. +The States, which ordained and established the Constitution, _accepted_ +nothing besides what they themselves _prescribed_. They acknowledged no +superior. The supremacy was both in degree and extent only that which +was delegated by the States to their common agent. + +There are some other considerations which may conduce to a clearer +understanding of this supremacy of the Constitution and the laws made in +pursuance thereof: + +1. In the first place, it must be remembered that, when the Federal +Constitution was formed, each then existing State already had its own +Constitution and code of statute laws. It was, no doubt, primarily with +reference to these that the provision was inserted, and not in the +expectation of future conflicts or discrepancies. It is in this light +alone that Mr. Madison considers it in explaining and vindicating it in +the "Federalist."[75] + +2. Again, it is to be observed that the supremacy accorded to the +general laws of the United States is expressly limited to those enacted +in conformity with the Constitution, or, to use the exact language, +"made in pursuance thereof." Mr. Hamilton, in another chapter of the +"Federalist," calls particular attention to this, saying (and the +italics are all his own) "that the laws of the Confederacy, as to the +_enumerated_ and _legitimate_ objects of its jurisdiction, will become +the supreme law of the land," and that the State functionaries will +cooeperate in their observance and enforcement with the General +Government, "_as far as its just and constitutional authority +extends_."[76] + +3. In the third place, it is not the _Government_ of the United States +that is declared to be supreme, but the _Constitution_ and the laws and +treaties made in accordance with it. The proposition was made in the +Convention to organize a government consisting of "supreme legislative, +executive, and judicial powers," but it was not adopted. Its deliberate +rejection is much more significant and conclusive than if it had never +been proposed. Correction of so gross an error as that of confounding +the Government with the Constitution ought to be superfluous, but so +crude and confused are the ideas which have been propagated on the +subject, that no misconception seems to be too absurd to be possible. +Thus, it has not been uncommon, of late years, to hear, even in the +highest places, the oath to support the Constitution, which is taken by +both State and Federal officers, spoken of as an oath "to support _the +Government_"--an obligation never imposed upon any one in this country, +and which the men who made the Constitution, with their recent +reminiscences of the Revolution, the battles of which they had fought +with halters around their necks, would have been the last to prescribe. +Could any assertion be less credible than that they proceeded to +institute another supreme government which it would be treason to +resist? + +This confusion of ideas pervades the treatment of the whole subject of +sovereignty. Mr. Webster has said, and very justly so far as these +United States are concerned: "The sovereignty of government is an idea +belonging to the other side of the Atlantic. No such thing is known in +North America. Our governments are all limited. In Europe sovereignty is +of feudal origin, and imports no more than the state of the sovereign. +It comprises his rights, duties, exemptions, prerogatives, and powers. +But with us all power is with the people. They alone are sovereign, and +they erect what governments they please, and confer on them such powers +as they please. None of these governments are sovereign, in the European +sense of the word, all being restrained by written constitutions."[77] + +But the same intellect, which can so clearly discern and so lucidly +define the general proposition, seems to be covered by a cloud of thick +darkness when it comes to apply it to the particular case in issue. +Thus, a little afterward, we have the following: + + "There is no language in the whole Constitution applicable to a + confederation of States. If the States be parties, as States, + what are their rights, and what their respective covenants and + stipulations? and where are their rights, covenants, and + stipulations expressed? In the Articles of Confederation they + did make promises, and did enter into engagements, and did + plight the faith of each State for their fulfillment; but in the + Constitution there is nothing of that kind. The reason is that, + in the Constitution, it is the people who speak and not the + States. The people ordain the Constitution, and therein address + themselves to the States and to the Legislatures of the States + in the language of injunction and prohibition."[78] + +It is surprising that such inconsistent ideas should proceed from a +source so eminent. Its author falls into the very error which he had +just before so distinctly pointed out, in confounding the people of the +States with their governments. In the vehemence of his hostility to +State sovereignty, he seems--as all of his disciples seem--unable even +to comprehend that it means the sovereignty, not of State governments, +but of people who make them. With minds preoccupied by the unreal idea +of one great people of a consolidated nation, these gentlemen are +blinded to the plain and primary truth that the only way in which the +people ordained the Constitution was as the people of States. When Mr. +Webster says that "in the Constitution it is the people who speak, and +not the States," he says what is untenable. The States _are_ the people. +The people do not speak, never have spoken, and never can speak, in +their sovereign capacity (without a subversion of our whole system), +otherwise than as the people of States. + +There are but two modes of expressing their sovereign will known to the +people of this country. One is by direct vote--the mode adopted by Rhode +Island in 1788, when she rejected the Constitution. The other is the +method, more generally pursued, of acting by means of conventions of +delegates elected expressly as representatives of the sovereignty of the +people. Now, it is not a matter of opinion or theory or speculation, but +a plain, undeniable, historical _fact_, that there never has been any +act or expression of sovereignty in either of these modes by that +imaginary community, "the people of the United States in the aggregate." +_Usurpations of power_ by the _Government_ of the United States, there +may have been, and may be again, but there has never been either a +sovereign convention or a direct vote of the "whole people" of the +United States to demonstrate its existence as a corporate unit. Every +exercise of sovereignty by any of the people of this country that has +actually taken place has been by the people of States _as_ States. In +the face of this fact, is it not the merest self-stultification to admit +the sovereignty of the people and deny it to the States, in which alone +they have community existence? + +This subject is one of such vital importance to a right understanding of +the events which this work is designed to record and explain, that it +can not be dismissed without an effort in the way of recapitulation and +conclusion, to make it clear beyond the possibility of misconception. + +According to the American theory, every individual is endowed with +certain unalienable rights, among which are "life, liberty, and the +pursuit of happiness." He is entitled to all the freedom, in these and +in other respects, that is consistent with the safety and the rights of +others and the weal of the community, but political sovereignty, which +is the source and origin of all the powers of _government_--legislative, +executive, and judicial--belongs to, and inheres in, the people of an +organized political community. It is an attribute of the _whole people_ +of such a community. It includes the power and necessarily the duty of +protecting the rights and redressing the wrongs of individuals, of +punishing crimes, enforcing contracts, prescribing rules for the +transfer of property and the succession of estates, making treaties with +foreign powers, levying taxes, etc. The enumeration of particulars might +be extended, but these will suffice as illustrations. + +These powers are of course exercised through the agency of governments, +but the governments are _only_ agents of the sovereign--responsible to +it, and subject to its control. This sovereign--the people, in the +aggregate, of each political community--delegates to the government the +exercise of such powers, or functions, as it thinks proper, but in an +American republic never transfers or surrenders sovereignty. _That_ +remains, unalienated and unimpaired. It is by virtue of this sovereignty +alone that the Government, its authorized agent, commands the obedience +of the individual citizen, to the extent of its derivative, dependent, +and delegated authority. The ALLEGIANCE of the citizen is due to the +sovereign alone. + +Thus far, I think, all will agree. No American statesman or publicist +would venture to dispute it. Notwithstanding the inconsiderate or +ill-considered expressions thrown out by some persons about the unity of +the American people from the beginning, no respectable authority has +ever had the hardihood to deny that, before the adoption of the Federal +Constitution, the only sovereign political community was the people of +the State--the people of _each State_. The ordinary exercise of what are +generally termed the powers of sovereignty was by and through their +respective governments; and, when they formed a confederation, a portion +of those powers was intrusted to the General Government, or agency. +Under the Confederation, the Congress of the United States represented +the collective power of the States; but the people of each State alone +possessed sovereignty, and consequently were entitled to the allegiance +of the citizen. + +When the Articles of Confederation were amended, when the new +Constitution was substituted in their place and the General Government +reorganized, its structure was changed, additional powers were conferred +upon it, and thereby subtracted from the powers theretofore exercised by +the State governments; but the seat of sovereignty--the source of all +those delegated and dependent powers--was not disturbed. There was a new +Government or an amended Government--it is entirely immaterial in which +of these lights we consider it--but no new PEOPLE was created or +constituted. The people, in whom alone sovereignty inheres, remained +just as they had been before. The only change was in the form, +structure, and relations of their governmental agencies. + +No doubt, the States--the people of the States--if they had been so +disposed, might have merged themselves into one great consolidated +State, retaining their geographical boundaries merely as matters of +convenience. But such a merger must have been distinctly and formally +stated, not left to deduction or implication. + +Men do not alienate even an estate, without positive and express terms +and stipulations. But in this case not only was there no express +transfer--no formal surrender--of the preexisting sovereignty, but it +was expressly provided that nothing should be _understood_ as even +_delegated_--that everything was reserved, unless granted in express +terms. The monstrous conception of the creation of a new people, +invested with the whole or a great part of the sovereignty which had +previously belonged to the people of each State, has not a syllable to +sustain it in the Constitution, but is built up entirely upon the +palpable misconstruction of a single expression in the preamble. + +In denying that there is any such collective unit as the people of the +United States in the aggregate, of course I am not to be understood as +denying that there is such a political organization as the United +States, or that there exists, with large and distinct powers, a +_Government_ of the United States; but it is claimed that the Union, as +its name implies, is constituted of States. As a British author,[79] +referring to the old Teutonic system, has expressed the same idea, the +States are the integers, the United States the multiple which results +from them. The Government of the United States derives its existence +from the same source, and exercises its functions by the will of the +same sovereignty that creates and confers authority upon the State +governments. The people of each State are, in either case, the source. +The only difference is that, in the creation of the State governments, +each sovereign acted alone; in that of the Federal Government, they +acted in cooeperation with the others. Neither the whole nor any part of +their sovereignty has been surrendered to either Government. + +To whom, in fine, _could_ the States have surrendered their sovereignty? +Not to the mass of the people inhabiting the territory possessed by all +the States, for there was no such community in existence, and they took +no measures for the organization of such a community. If they had +intended to do so, the very style, "United States," would have been a +palpable misnomer, nor would treason have been defined as levying war +against _them_. Could it have been transferred to the Government of the +Union? Clearly not, in accordance with the ideas and principles of those +who made the Declaration of Independence, adopted the Articles of +Confederation, and established the Constitution of the United States; +for in each and all of these the corner-stone is the inherent and +inalienable sovereignty of the people. To have transferred sovereignty +from the people to a Government would have been to have fought the +battles of the Revolution in vain--not for the freedom and independence +of the States, but for a mere change of masters. Such a thought or +purpose could not have been in the heads or hearts of those who molded +the Union, and could have found lodgment only when the ebbing tide of +patriotism and fraternity had swept away the landmarks which they +erected who sought by the compact of union to secure and perpetuate the +liberties then possessed. The men who had won at great cost the +independence of their respective States were deeply impressed with the +value of union, but they could never have consented, like "the base +Judean," to fling away the priceless pearl of State sovereignty for any +possible alliance. + + +[Footnote 74: "Rebellion Record," vol. i, Documents, p. 213.] + +[Footnote 75: "Federalist," No. xliv.] + +[Footnote 76: "Federalist," No. xxvii.] + +[Footnote 77: "Congressional Debates," vol. ix, Part I, p. 565.] + +[Footnote 78: Ibid., p. 566.] + +[Footnote 79: Sir Francis Palgrave, quoted by Mr. Calhoun, +"Congressional Debates," vol. ix, Part I, p. 541.] + + + + +CHAPTER X. + + A Recapitulation.--Remarkable Propositions of Mr. Gouverneur + Morris in the Convention of 1787, and their Fate.--Further + Testimony.--Hamilton, Madison, Washington, Marshall, etc.--Later + Theories.--Mr. Webster: his Views at Various Periods.--Speech at + Capon Springs.--State Rights not a Sectional Theory. + + +Looking back for a moment at the ground over which we have gone, I think +it may be fairly asserted that the following propositions have been +clearly and fully established: + +1. That the States of which the American Union was formed, from the +moment when they emerged from their colonial or provincial condition, +became severally sovereign, free, and independent States--not one State, +or nation. + +2. That the union formed under the Articles of Confederation was a +compact between the States, in which these attributes of "sovereignty, +freedom, and independence," were expressly asserted and guaranteed. + +3. That, in forming the "more perfect union" of the Constitution, +afterward adopted, the same contracting powers formed an _amended +compact_, without any surrender of these attributes of sovereignty, +freedom, and independence, either expressed or implied: on the contrary, +that, by the tenth amendment to the Constitution, limiting the power of +the Government to its express grants, they distinctly guarded against +the presumption of a surrender of anything by implication. + +4. That political sovereignty resides, neither in individual citizens, +nor in unorganized masses, nor in fractional subdivisions of a +community, but in the people of an organized political body. + +5. That no "republican form of government," in the sense in which that +expression is used in the Constitution, and was generally understood by +the founders of the Union--whether it be the government of a State or of +a confederation of States--is possessed of any sovereignty whatever, but +merely exercises certain powers delegated by the sovereign authority of +the people, and subject to recall and reassumption by the same authority +that conferred them. + +6. That the "people" who organized the first confederation, the people +who dissolved it, the people who ordained and established the +Constitution which succeeded it, the only people, in fine, known or +referred to in the phraseology of that period--whether the term was used +collectively or distributively--were the people of the respective +States, each acting separately and with absolute independence of the +others. + +7. That, in forming and adopting the Constitution, the States, or the +people of the States--terms which, when used with reference to acts +performed in a sovereign capacity, are precisely equivalent to each +other--formed a new _Government_, but no new _people_; and that, +consequently, no new sovereignty was created--for sovereignty in an +American republic can belong only to a people, never to a +government--and that the Federal Government is entitled to exercise only +the powers delegated to it by the people of the respective States. + +8. That the term "people," in the preamble to the Constitution and in +the tenth amendment, is used distributively; that the only "people of +the United States" known to the Constitution are the people of each +State in the Union; that no such political community or corporate unit +as one people of the United States then existed, has ever been +organized, or yet exists; and that no political action by the people of +the United States in the aggregate has ever taken place, or ever can +take place, under the Constitution. + +The fictitious idea of _one_ people of the United States, contradicted +in the last paragraph, has been so impressed upon the popular mind by +false teaching, by careless and vicious phraseology, and by the +ever-present spectacle of a great Government, with its army and navy, +its custom-houses and post-offices, its multitude of office-holders, and +the splendid prizes which it offers to political ambition, that the +tearing away of these illusions and presentation of the original fabric, +which they have overgrown and hidden from view, have no doubt been +unwelcome, distasteful, and even repellent to some of my readers. The +artificial splendor which makes the deception attractive is even +employed as an argument to prove its reality. + +The glitter of the powers delegated to the agent serves to obscure the +perception of the sovereign power of the principal by whom they are +conferred, as, by the unpracticed eye, the showy costume and conspicuous +functions of the drum-major are mistaken for emblems of +chieftaincy--while the misuse or ambiguous use of the term "Union" and +its congeners contributes to increase the confusion. + +So much the more need for insisting upon the elementary truths which +have been obscured by these specious sophistries. The reader really +desirous of ascertaining truth is, therefore, again cautioned against +confounding two ideas so essentially distinct as that of _government_, +which is derivative, dependent, and subordinate, with that of the +_people_, as an organized political community, which is sovereign, +without any other than self-imposed limitations, and such as proceed +from the general principles of the personal rights of man. + +It has been said, in a foregoing chapter, that the authors of the +Constitution could scarcely have anticipated the idea of such a +community as the people of the United States in one mass. Perhaps this +expression needs some little qualification, for there is rarely a +fallacy, however stupendous, that is wholly original. A careful +examination of the records of the Convention of 1787 exhibits one or +perhaps two instances of such a suggestion--both by the same person--and +the result in each case is strikingly significant. + +The original proposition made concerning the office of President of the +United States contemplated his election by the Congress, or, as it was +termed by the proposer, "the national Legislature." On the 17th of July, +this proposition being under consideration, Mr. Gouverneur Morris moved +that the words "national Legislature" be stricken out, and "citizens of +the United States" inserted. The proposition was supported by Mr. James +Wilson--both of these gentlemen being delegates from Pennsylvania, and +both among the most earnest advocates of centralism in the Convention. + +Now, it is not at all certain that Mr. Morris had in view an election by +the citizens of the United States "in the aggregate," voting as _one +people_. The language of his proposition is entirely consistent with the +idea of as election by the citizens of each State, voting separately and +independently, though it is ambiguous, and may admit of the other +construction. But this is immaterial. The proposition was submitted to a +vote, and received the approval of only _one State_--Pennsylvania, of +which Mr. Morris and Mr. Wilson were both representatives. _Nine_ States +voted against it.[80] + +Six days afterward (July 23d), in a discussion of the proposed +ratification of the Constitution by Conventions of the people of each +State, Mr. Gouverneur Morris--as we learn from Mr. Madison--"moved that +the reference of the plan [i.e., of the proposed Constitution] be made +to one General Convention, chosen and authorized by the people, to +consider, amend, and establish the same."[81] + +Here the issue seems to have been more distinctly made between the two +ideas of people of the States and one people in the aggregate. The fate +of the latter is briefly recorded in the two words, "not seconded." Mr. +Morris was a man of distinguished ability, great personal influence, and +undoubted patriotism, but, out of all that assemblage--comprising, as it +did, such admitted friends of centralism as Hamilton, King, Wilson, +Randolph, Pinckney, and others--there was not one to sustain him in the +proposition to incorporate into the Constitution that theory which now +predominates, the theory on which was waged the late bloody war, which +was called a "war for the Union." It failed for want of a second, and +does not even appear in the official journal of the Convention. The very +fact that such a suggestion was made would be unknown to us but for the +record kept by Mr. Madison. + +The extracts which have been given, in treating of special branches of +the subject, from the writings and speeches of the framers of the +Constitution and other statesmen of that period, afford ample proof of +their entire and almost unanimous accord with the principles which have +been established on the authority of the Constitution itself, the acts +of ratification by the several States, and other attestations of the +highest authority and validity. I am well aware that isolated +expressions may be found in the reports of debates on the General and +State Conventions and other public bodies, indicating the existence of +individual opinions seemingly inconsistent with these principles; that +loose and confused ideas were sometimes expressed with regard to +sovereignty, the relations between governments and people, and kindred +subjects; and that, while the plan of the Constitution was under +discussion, and before it was definitely reduced to its present shape, +there were earnest advocates in the Convention of a more consolidated +system, with a stronger central government. But these expressions of +individual opinion only prove the existence of a small minority of +dissentients from the principles generally entertained, and which +finally prevailed in the formation of the Constitution. None of these +ever avowed such extravagances of doctrine as are promulgated in this +generation. No statesman of that day would have ventured to risk his +reputation by construing an obligation to support the Constitution as an +obligation to adhere to the Federal Government--a construction which +would have insured the sweeping away of any plan of union embodying it, +by a tempest of popular indignation from every quarter of the country. +None of them suggested such an idea as that of the amalgamation of the +people of the States into one consolidated mass--unless it was suggested +by Mr. Gouverneur Morris in the proposition above referred to, in which +he stood alone among the delegates of twelve sovereign States assembled +in convention. + +As to the features of centralism, or nationalism, which they did +advocate, all the ability of this little minority of really gifted men +failed to secure the incorporation of any one of them into the +Constitution, or to obtain their recognition by any of the ratifying +States. On the contrary, the very men who had been the leading advocates +of such theories, on failing to secure their adoption, loyally accepted +the result, and became the ablest and most efficient supporters of the +principles which had prevailed. Thus, Mr. Hamilton, who had favored the +plan of a President and Senate, both elected to hold office for life (or +during good behavior), with a veto power in Congress on the action of +the State Legislatures, became, through the "Federalist," in conjunction +with his associates, Mr. Madison and Mr. Jay, the most distinguished +expounder and advocate of the Constitution, as then proposed and +afterward ratified, with all its Federal and State-rights features. In +the ninth number of that remarkable series of political essays, he +quotes, adopts, and applies to the then proposed Constitution, +Montesquieu's description of a "CONFEDERATE REPUBLIC," a term which he +(Hamilton) repeatedly employs. + +In the eighty-first number of the same series, replying to apprehensions +expressed by some that a State might be brought before the Federal +courts to answer as defendant in suits instituted against her, he repels +the idea in these plain and conclusive terms. The italics are my own: + + "It is inherent in the nature of _sovereignty_ not to be + amenable to the suit of any individual without its consent. This + is the general sense and the general practice of mankind; and + the exemption, as one of the _attributes of sovereignty_, is now + enjoyed by the government of _every State in the Union_. Unless, + therefore, there is _a surrender of this immunity_ in the plan + of the Convention, _it will remain with the States_, and the + danger intimated must be merely ideal.... The contracts between + _a nation_ and individuals are only binding on the conscience of + _the sovereign_, and have no pretensions to a compulsive force. + They confer no right of action, independent of _the sovereign + will_. To what purpose would it be to authorize suits against + States for the debts they owe? How could recoveries be enforced? + It is evident that it could not be done without _waging war_ + against the contracting State; and to ascribe to the Federal + courts, by mere implication, and in destruction of a preexisting + right of the State governments, a power which would involve such + a consequence, would be altogether forced and unwarranted."[82] + +This extract is very significant, clearly showing that Mr. Hamilton +assumed as undisputed propositions, in the first place, that the State +was _the_ "SOVEREIGN"; secondly, that this sovereignty could not be +alienated, unless by express surrender; thirdly, that no such surrender +had been made; and, fourthly, that the idea of applying coercion to a +State, even to enforce the fulfillment of a duty, would be equivalent to +waging war against a State--it was "altogether forced and +unwarrantable." + +In a subsequent number, Mr. Hamilton, replying to the objection that the +Constitution contains no bill or declaration of rights, argues that it +was entirely unnecessary, because in reality the people--that is, of +course, the people, respectively, of the several States, who were the +only people known to the Constitution or to the country--had surrendered +nothing of their inherent sovereignty, but retained it unimpaired. He +says: "Here, in strictness, the people _surrender nothing_; and, as they +_retain everything_, they have no need of particular reservations." And +again: "I go further, and affirm that bills of rights, in the sense and +to the extent they are contended for, are not only unnecessary in the +proposed Constitution, but would be absolutely dangerous. They would +contain various exceptions to _powers not granted_, and on this very +account would afford a colorable pretext to claim more than were +granted. For why declare that things shall not be done, which there is +no power to do?"[83] Could language be more clear or more complete in +vindication of the principles laid down in this work? Mr. Hamilton +declares, in effect, that the grants to the Federal Government in the +Constitution are not surrenders, but delegations of power by the people +of the States; that sovereignty remains intact where it was before; and +that the delegations of power were strictly limited to those expressly +granted--in this, merely anticipating the tenth amendment, afterward +adopted. + +Finally, in the concluding article of the "Federalist," he bears +emphatic testimony to the same principles, in the remark that "every +Constitution for the United States must inevitably consist of a great +variety of particulars, in which _thirteen independent States_ are to be +accommodated in their interests or opinions of interest.... Hence the +necessity of molding and arranging all the particulars, which are to +compose the whole, in such a manner as to satisfy _all the parties_ to +the compact."[84] There is no intimation here, or anywhere else, of the +existence of any such idea as that of the aggregated people of one great +consolidated state. It is an incidental enunciation of the same truth +soon afterward asserted by Madison in the Virginia Convention--that the +people who ordained and established the Constitution were "not the +people as composing one great body, but the people as composing thirteen +sovereignties". + +Mr. Madison, in the Philadelphia Convention, had at first held views of +the sort of government which it was desirable to organize, similar to +those of Mr. Hamilton, though more moderate in extent. He, too, however, +cordially conformed to the modifications in them made by his colleagues, +and was no less zealous and eminent in defending and expounding the +Constitution as finally adopted. His interpretation of its fundamental +principles is so fully shown in the extracts which have already been +given from his contributions to the "Federalist" and speeches in the +Virginia Convention, that it would be superfluous to make any additional +citation from them. + +The evidence of Hamilton and Madison--two of the most eminent of the +authors of the Constitution, and the two preeminent contemporary +expounders of its meaning--is the most valuable that could be offered +for its interpretation. That of all the other statesmen of the period +only tends to confirm the same conclusions. The illustrious Washington, +who presided over the Philadelphia Convention, in his correspondence, +repeatedly refers to the proposed Union as a "Confederacy" of States, or +a "confederated Government," and to the several States as "acceding," or +signifying their "accession," to it, in ratifying the Constitution. He +refers to the Constitution itself as "a compact or treaty," and +classifies it among compacts or treaties between "men, bodies of men, or +countries." Writing to Count Rochambeau, on January 8, 1788, he says +that the proposed Constitution "is to be submitted to conventions chosen +by _the people in the several States_, and by them approved or +rejected"--showing what _he_ understood by "the people of the United +States," who were to ordain and establish it. These same people--that +is, "the people of the several States"--he says, in a letter to +Lafayette, April 28, 1788, "retain everything they do not, by express +terms, give up." In a letter written to Benjamin Lincoln, October 26, +1788, he refers to the expectation that North Carolina will accede to +the Union, and adds, "Whoever shall be found to enjoy the confidence of +_the States_ so far as to be elected Vice-President," etc.--showing that +in the "confederated Government," as he termed it, the States were still +to act independently, even in the selection of officers of the General +Government. He wrote to General Knox, June 17, 1788, "I can not but hope +that the States which may be disposed to make a secession will think +often and seriously on the consequences." June 28, 1788, he wrote to +General Pinckney that New Hampshire "had acceded to the new +Confederacy," and, in reference to North Carolina, "I should be +astonished if that State should withdraw from the Union." + +I shall add but two other citations. They are from speeches of John +Marshall, afterward the most distinguished Chief Justice of the United +States--who has certainly never been regarded as holding high views of +State rights--in the Virginia Convention of 1788. In the first case, he +was speaking of the power of the States over the militia, and is thus +reported: + + "The State governments did not derive their powers from the + General Government; but each government derived its powers from + the people, and each was to act according to the powers given + it. Would any gentleman deny this?... Could any man say that + this power was not retained by the States, as they had not given + it away? For (says he) does not a power remain till it is given + away? The State Legislatures had power to command and govern + their militia before, and have it still, undeniably, unless + there be something in this Constitution that takes it away.... + + "He concluded by observing that the power of governing the + militia was not vested in the States by implication, because, + being possessed of it antecedently to the adoption of the + Government, and not being divested of it by any grant or + restriction in the Constitution, they must necessarily be as + fully possessed of it as ever they had been, and it could not be + said that the States derived any powers from that system, but + retained them, though not acknowledged in any part of it."[85] + +In the other case, the special subject was the power of the Federal +judiciary. Mr. Marshall said, with regard to this: "I hope that no +gentleman will think that a State can be called at the bar of the +Federal court. Is there no such case at present? Are there not many +cases, in which the Legislature of Virginia is a party, and yet the +State is not sued? Is it rational to suppose that the sovereign power +shall be dragged before a court?"[86] + +Authorities to the same effect might be multiplied indefinitely by +quotation from nearly all the most eminent statesmen and patriots of +that brilliant period. My limits, however, permit me only to refer those +in quest of more exhaustive information to the original records, or to +the "Republic of Republics," in which will be found a most valuable +collection and condensation of the teaching of the fathers on the +subject. There was no dissent, at that period, from the interpretation +of the Constitution which I have set forth, as given by its authors, +except in the objections made by its adversaries. Those objections were +refuted and silenced, until revived, long afterward, and presented as +the true interpretation, by the school of which Judge Story was the most +effective founder. + +At an earlier period--but when he had already served for several years +in Congress, and had attained the full maturity of his powers--Mr. +Webster held the views which were presented in a memorial to Congress of +citizens of Boston, December 15, 1819, relative to the admission of +Missouri, drawn up and signed by a committee of which he was chairman, +and which also included among its members Mr. Josiah Quincy. He speaks +of the States as enjoying "_the exclusive possession of sovereignty_" +over their own territory, calls the United States "the American +Confederacy," and says, "The only _parties to the Constitution_, +contemplated by it originally, were the _thirteen confederated States_." +And again: "As between the original States, the representation rests on +_compact and plighted faith_; and your memorialists have no wish that +that compact should be disturbed, or that plighted faith in the +slightest degree violated." + +It is satisfactory to know that in the closing year of his life, when +looking retrospectively, with judgment undisturbed by any extraneous +influence, he uttered views of the Government which must stand the test +of severest scrutiny and defy the storms of agitation, for they are +founded on the rock of truth. In letters written and addresses delivered +during the Administration of Mr. Fillmore, he repeatedly applies to the +Constitution the term "compact," which, in 1833, he had so vehemently +repudiated. In his speech at Capon Springs, Virginia, in 1851, he says: + + "If the South were to violate any part of the Constitution + intentionally and systematically, and persist in so doing year + after year, and no remedy could be had, would the North be any + longer bound by the rest of it? And if the North were, + deliberately, habitually, and of fixed purpose, to disregard one + part of it, would the South be bound any longer to observe its + other obligations?... + + "How absurd it is to suppose that, when different parties enter + into a compact for certain purposes, either can disregard any + one provision, and expect, nevertheless, the other to observe + the rest!... + + "I have not hesitated to say, and I repeat, that, if the + Northern States refuse, willfully and deliberately, to carry + into effect that part of the Constitution which respects the + restoration of fugitive slaves, and Congress provide no remedy, + the South would no longer be bound to observe the compact. A + bargain can not be broken on one side, and still bind the other + side."[87] + +The principles which have been set forth in the foregoing chapters, +although they had come to be considered as peculiarly Southern, were not +sectional in their origin. In the beginning and earlier years of our +history they were cherished as faithfully and guarded as jealously in +Massachusetts and New Hampshire as in Virginia or South Carolina. It was +in these principles that I was nurtured. I have frankly proclaimed them +during my whole life, always contending in the Senate of the United +States against what I believed to be the mistaken construction of the +Constitution taught by Mr. Webster and his adherents. While I honored +the genius of that great man, and held friendly personal relations with +him, I considered his doctrines on these points--or rather the doctrines +advocated by him during the most conspicuous and influential portions of +his public career--to be mischievous, and the more dangerous to the +welfare of the country and the liberties of mankind on account of the +signal ability and magnificent eloquence with which they were argued. + + +[Footnote 80: Elliott's "Debates," vol. i, p. 239; "Madison Papers," pp. +1119-1124.] + +[Footnote 81: "Madison Papers," p. 1184.] + +[Footnote 82: "Federalist," No. lxxxi.] + +[Footnote 83: "Federalist," No. lxxxiv.] + +[Footnote 84: Ibid., No. lxxxv.] + +[Footnote 85: Elliott's "Debates," vol. iii, pp. 389-391.] + +[Footnote 86: Elliott's "Debates," vol. iii, p. 503.] + +[Footnote 87: Curtis's "Life of Webster," chap. xxxvii, vol. ii, pp. +518, 519.] + + + + +CHAPTER XI. + + The Right of Secession.--The Law of Unlimited Partnerships.--The + "Perpetual Union" of the Articles of Confederation and the "More + Perfect Union" of the Constitution.--The Important Powers + conferred upon the Federal Government and the Fundamental + Principles of the Compact the same in both Systems.--The Right + to resume Grants, when failing to fulfill their Purposes, + expressly and distinctly asserted in the Adoption of the + Constitution. + + +The Right of Secession--that subject which, beyond all others, +ignorance, prejudice, and political rancor have combined to cloud with +misstatements and misapprehensions--is a question easily to be +determined in the light of what has already been established with regard +to the history and principles of the Constitution. It is not something +standing apart by itself--a factious creation, outside of and +antagonistic to the Constitution--as might be imagined by one deriving +his ideas from the political literature most current of late years. So +far from being against the Constitution or incompatible with it, we +contend that, if the right to secede is not prohibited to the States, +and no power to prevent it expressly delegated to the United States, it +remains as reserved to the States or the people, from whom all the +powers of the General Government were derived. + +The compact between the States which formed the Union was in the nature +of a partnership between individuals without limitation of time, and the +recognized law of such partnerships is thus stated by an eminent lawyer +of Massachusetts in a work intended for popular use: + + "If the articles between the partners do not contain an + agreement that the partnership shall continue for a specified + time, it may be dissolved at the pleasure of either partner. But + no partner can exercise this power wantonly and injuriously to + the other partners, without making himself responsible for the + damage he thus causes. If there be a provision that the + partnership shall continue a certain time, this is binding."[88] + +We have seen that a number of "sovereign, free, and independent" States, +during the war of the Revolution, entered into a partnership with one +another, which was not only unlimited in duration, but expressly +declared to be a "perpetual union." Yet, when that Union failed to +accomplish the purposes for which it was formed, the parties withdrew, +separately and independently, one after another, without any question +made of their right to do so, and formed a new association. One of the +declared objects of this new partnership was to form "a more perfect +union." This certainly did not mean more perfect in respect of duration; +for the former union had been declared perpetual, and perpetuity admits +of no addition. It did not mean that it was to be more indissoluble; for +the delegates of the States, in ratifying the former compact of union, +had expressed themselves in terms that could scarcely be made more +stringent. They then said: + + "And we do further _solemnly plight and engage the faith of our + respective constituents_, that they shall abide by the + determinations of the United States in Congress assembled, on + all questions which, by the said confederation, are submitted to + them; and that the articles thereof shall be _inviolably + observed_ by the States we respectively represent; and that _the + Union shall be perpetual_."[89] + +The formation of a "more perfect union" was accomplished by the +organization of a government more complete in its various branches, +legislative, executive, and judicial, and by the delegation to this +Government of certain additional powers or functions which had +previously been exercised by the Governments of the respective +States--especially in providing the means of operating directly upon +individuals for the enforcement of its legitimately delegated authority. +There was no abandonment nor modification of the essential principle of +a _compact_ between sovereigns, which applied to the one case as fully +as to the other. There was not the slightest intimation of so radical a +revolution as the surrender of the sovereignty of the contracting +parties would have been. The additional powers conferred upon the +Federal Government by the Constitution were merely transfers of some of +those possessed by the State governments--not subtractions from the +reserved and inalienable sovereignty of the political communities which +conferred them. It was merely the institution of a new agent who, +however enlarged his powers might be, would still remain subordinate and +responsible to the source from which they were derived--that of the +sovereign people of each State. It was an amended Union, not a +consolidation. + +It is a remarkable fact that the very powers of the Federal Government +and prohibitions to the States, which are most relied upon by the +advocates of centralism as incompatible with State sovereignty, were in +force under the old Confederation when the sovereignty of the States was +expressly recognized. The General Government had then, as now, the +exclusive right and power of determining on peace and war, making +treaties and alliances, maintaining an army and navy, granting letters +of marque and reprisal, regulating coinage, establishing and controlling +the postal service--indeed, nearly all the so-called "characteristic +powers of sovereignty" exercised by the Federal Government under the +existing Constitution, except the regulation of commerce, and of levying +and collecting its revenues directly, instead of through the +interposition of the State authorities. The exercise of these +first-named powers was prohibited to the States under the old compact, +"without the consent of the United States in Congress assembled," but no +one has claimed that the Confederation had thereby acquired sovereignty. + +Entirely in accord with these truths are the arguments of Mr. Madison in +the "Federalist," to show that the great principles of the Constitution +are substantially the same as those of the Articles of Confederation. He +says: + + "I ask, What are these principles? Do they require that, in the + establishment of the Constitution, the States should be regarded + as distinct and independent sovereigns? They _are_ so regarded + by the Constitution proposed.... Do these principles, in fine, + require that the powers of the General Government should be + limited, and that, beyond this limit, the States should be left + in possession of their sovereignty and independence? We have + seen that, in the new Government as in the old, the general + powers are limited; and that the States, in all unenumerated + cases, are left in the enjoyment of their sovereign and + independent jurisdiction." + +"The truth is," he adds, "that the great principles of the Constitution +proposed by the Convention may be considered _less as absolutely new, +than as the expansion of principles which are found in the Articles of +Confederation_."[90] + +In the papers immediately following, he establishes this position in +detail by an analysis of the principal powers delegated to the Federal +Government, showing that the spirit of the original instructions to the +Convention had been followed in revising "the Federal Constitution" and +rendering it "adequate to the exigencies of government and the +preservation of the Union."[91] + +The present Union owes its very existence to the dissolution, by +separate secession of its members, of the former Union, which, as we +have thus seen, as to its _organic principles_, rested upon precisely +the same foundation. The right to withdraw from the association results, +in either case, from the same principles--principles which, I think, +have been established on an impregnable basis of history, reason, law, +and precedent. + +It is not contended that this right should be resorted to for +insufficient cause, or, as the writer already quoted on the law of +partnership says, "wantonly and injuriously to the other partners," +without responsibility of the seceding party for any damage thus done. +No association can be dissolved without a likelihood of the occurrence +of incidental questions concerning common property and mutual +obligations--questions sometimes of a complex and intricate sort. If a +wrong be perpetrated, in such case, it is a matter for determination by +the means usually employed among independent and sovereign +powers--negotiation, arbitration, or, in the failure of these, by war, +with which, unfortunately, Christianity and civilization have not yet +been able entirely to dispense. But the suggestion of possible evils +does not at all affect the question of right. There is no great +principle in the affairs either of individuals or of nations that is not +liable to such difficulties in its practical application. + +But, we are told, there is no mention made of secession in the +Constitution. Mr. Everett says: "The States are not named in it; the +word sovereignty does not occur in it; the right of secession is as much +ignored in it as the procession of the equinoxes." We have seen how very +untenable is the assertion that the States are not named in it, and how +much pertinency or significance in the omission of the _word_ +"sovereignty." The pertinent question that occurs is, Why was so obvious +an attribute of sovereignty not expressly renounced if it was intended +to surrender it? It certainly existed; it was not surrendered; therefore +it still exists. This would be a more natural and rational conclusion +than that it has ceased to exist because it is not mentioned. + +The simple truth is, that it would have been a very extraordinary thing +to incorporate into the Constitution any express provision for the +secession of the States and dissolution of the Union. Its founders +undoubtedly desired and hoped that it would be perpetual; against the +proposition for power to coerce a State, the argument was that it would +be a means, not of preserving, but of destroying, the Union. It was not +for them to make arrangements for its termination--a calamity which +there was no occasion to provide for in advance. Sufficient for their +day was the evil thereof. It is not usual, either in partnerships +between men or in treaties between governments, to make provision for a +dissolution of the partnership or a termination of the treaty, unless +there be some special reason for a limitation of time. Indeed, in +treaties, the usual formula includes a declaration of their +_perpetuity_; but in either case the power of the contracting parties, +or of any of them, to dissolve the compact, on terms not damaging to the +rights of the other parties, is not the less clearly understood. It was +not necessary in the Constitution to affirm the right of secession, +because it was an attribute of sovereignty, and the States had reserved +all which they had not delegated. + +The right of the people of the several States to resume the powers +delegated by them to the common agency, was not left without positive +and ample assertion, even at a period when it had never been denied. The +ratification of the Constitution by Virginia has already been quoted, in +which the people of that State, through their Convention, did expressly +"declare and make known that the powers granted under the Constitution, +being derived from the people of the United States, _may be resumed by +them_, whensoever the same shall be perverted to their injury or +oppression, and that every power not granted thereby remains with them +and at their will."[92] + +New York and Rhode Island were no less explicit, both declaring that +"the powers of government _may be reassumed by the people_ whenever it +shall become necessary to their happiness."[93] + +These expressions are not mere _obiter dicta_, thrown out incidentally, +and entitled only to be regarded as an expression of opinion by their +authors. Even if only such, they would carry great weight as the +deliberately expressed judgment of enlightened contemporaries, but they +are more: they are parts of the very acts or ordinances by which these +States ratified the Constitution and acceded to the Union, and can not +be detached from them. If they are invalid, the ratification itself was +invalid, for they are inseparable. By inserting these declarations in +their ordinances, Virginia, New York, and Rhode Island, formally, +officially, and permanently, declared their interpretation of the +Constitution as recognizing the right of secession by the resumption of +their grants. By accepting the ratifications with this declaration +incorporated, the other States as formally accepted the principle which +it asserted. + +I am well aware that it has been attempted to construe these +declarations concerning the right of _the people_ to reassume their +delegations of power--especially in the terms employed by Virginia, +"people of the United States"--as having reference to the idea of _one +people_, in mass, or "in the aggregate." But it can scarcely be possible +that any candid and intelligent reader, who has carefully considered the +evidence already brought to bear on the subject, can need further +argument to disabuse his mind of that political fiction. The "people of +the United States," from whom the powers of the Federal Government were +"derived," _could have been_ no other than the people who ordained and +ratified the Constitution; and this, it has been shown beyond the power +of denial, was done by the people of _each State_, severally and +independently. No other _people_ were known to the authors of the +declarations above quoted. Mr. Madison was a leading member of the +Virginia Convention, which made that declaration, as well as of the +general Convention that drew up the Constitution. We have seen what +_his_ idea of "the people of the United States" was--"not the people as +composing one great body, but the people as composing thirteen +sovereignties."[94] Mr. Lee, of Westmoreland ("Light-Horse Harry"), in +the same Convention, answering Mr. Henry's objection to the expression, +"We, the people," said: "It [the Constitution] is now submitted to _the +people of Virginia_. If we do not adopt it, it will be always null and +void as to us. Suppose it was found proper for our adoption, and +becoming the government of _the people of Virginia_, by what style +should it be done? Ought we not to make use of the name of the people? +No other style would be proper."[95] It would certainly be superfluous, +after all that has been presented heretofore, to add any further +evidence of the meaning that was attached to these expressions by their +authors. "The people of the United States" were in their minds the +people of Virginia, the people of Massachusetts, and the people of every +other State that should agree to unite. They _could_ have meant only +that the people of their respective States who had delegated certain +powers to the Federal Government, in ratifying the Constitution and +_acceding_ to the Union, reserved to themselves the right, in event of +the failure of their purposes, to "resume" (or "reassume") those powers +by _seceding_ from the same Union. + +Finally, the absurdity of the construction attempted to be put upon +these expressions will be evident from a very brief analysis. If the +assertion of the right of reassumption of their powers was meant for the +protection of _the whole people_--the people in mass--the people "in the +aggregate"--of a consolidated republic--against whom or what was it to +protect them? By whom were the powers granted to be perverted to the +injury or oppression of the whole people? By themselves or by some of +the States, all of whom, according to this hypothesis, had been +consolidated into one? As no danger could have been apprehended from +either of these, it must have been against the _Government_ of the +United States that the provision was made; that is to say, the whole +people of a republic make this declaration against a Government +established by themselves and entirely subject to their own control, +under a Constitution which contains provision for its own amendment by +this very same "whole people," whenever they may think proper! Is it not +a libel upon the statesmen of that generation to attribute to their +grave and solemn declarations a meaning so vapid and absurd? + +To those who argue that the grants of the Constitution are fatal to the +reservation of sovereignty by the States, the Constitution furnishes a +conclusive answer in the amendment which was coeval with the adoption of +the instrument, and which declares that all powers not delegated to the +Government of the Union were reserved to the States or to the people. As +sovereignty was not delegated by the States, it was necessarily +reserved. It would be superfluous to answer arguments against implied +powers of the States; none are claimed by implication, because all not +delegated by the States remained with them, and it was only in an +abundance of caution that they expressed the right to resume such parts +of their unlimited power as was delegated for the purposes enumerated. +As there be those who see danger to the perpetuity of the Union in the +possession of such power by the States, and insist that our fathers did +not intend to bind the States together by a compact no better than "a +rope of sand," it may be well to examine their position. From what have +dangers to the Union arisen? Have they sprang from too great restriction +on the exercise of the granted powers, or from the assumption by the +General Government of power claimed by implication? The whole record of +our Union answers, from the latter only. + +Was this tendency to usurpation caused by the presumption of paramount +authority in the General Government, or by the assertion of the right of +a State to resume the powers it had delegated? Reasonably and honestly +it can not be assigned to the latter. Let it be supposed that the "whole +people" had recognized the right of a State of the Union, peaceably and +independently, to resume the powers which, peaceably and independently, +she had delegated to the Federal Government, would not this have been +potent to restrain the General Government from exercising its functions +to the injury and oppression of such State? To deny that effect would be +to suppose that a dominant majority would be willing to drive a State +from the Union. Would the admission of the right of a State to resume +the grants it had made, have led to the exercise of that right for light +and trivial causes? Surely the evidence furnished by the nations, both +ancient and modern, refutes the supposition. In the language of the +Declaration of Independence, "All experience hath shown that mankind are +more disposed to suffer, while evils are sufferable, than to right +themselves by abolishing the forms to which they are accustomed." Would +not real grievances be rendered more tolerable by the consciousness of +power to remove them; and would not even imaginary wrongs be embittered +by the manifestation of a purpose to make them perpetual? To ask these +questions is to answer them. + +The wise and brave men who had, at much peril and great sacrifice, +secured the independence of the States, were as little disposed to +surrender the sovereignty of the States as they were anxious to organize +a General Government with adequate powers to remedy the defects of the +Confederation. The Union they formed was not to destroy the States, but +to "secure the blessings of liberty to ourselves and our posterity." + + +[Footnote 88: Parsons, "Rights of a Citizen," chap. xx, section 3.] + +[Footnote 89: Ratification appended to Articles of Confederation. (See +Elliott's "Debates," vol. i, p. 113.)] + +[Footnote 90: "Federalist," No. xl.] + +[Footnote 91: Ibid., Nos. xli-xliv.] + +[Footnote 92: See Elliott's "Debates," vol. i, p. 360.] + +[Footnote 93: Ibid., pp. 361, 369.] + +[Footnote 94: Elliott's "Debates," vol. iii, p. 114.] + +[Footnote 95: Ibid., p. 71.] + + + + +CHAPTER XII. + + Coercion the Alternative to Secession.--Repudiation of it by the + Constitution and the Fathers of the Constitutional + Era.--Difference between Mr. Webster and Mr. Hamilton. + + +The alternative to secession is coercion. That is to say, if no such +right as that of secession exists--if it is forbidden or precluded by +the Constitution--then it is a wrong; and, by a well settled principle +of public law, for every wrong there must be a remedy, which in this +case must be the application of force to the State attempting to +withdraw from the Union. + +Early in the session of the Convention which formed the Constitution, it +was proposed to confer upon Congress the power "to call forth the force +of the Union against any member of the Union failing to fulfill its duty +under the articles thereof." When this proposition came to be +considered, Mr. Madison observed that "a union of the States containing +such an ingredient seemed to provide for its own destruction. The use of +force against a State would look more like a declaration of war than an +infliction of punishment, and would probably be considered by the party +attacked as a dissolution of all previous compacts by which it might be +bound. He hoped that such a system would be framed as might render this +recourse unnecessary, and moved that the clause be postponed." This +motion was adopted _nem. con._, and the proposition was never again +revived.[96] Again, on a subsequent occasion, speaking of an appeal to +force, Mr. Madison said: "Was such a remedy eligible? Was it +practicable?... Any government for the United States, formed on the +supposed practicability of using force against the unconstitutional +proceedings of the States, would prove as visionary and fallacious as +the government of Congress."[97] Every proposition looking in any way to +the same or a similar object was promptly rejected by the convention. +George Mason, of Virginia, said of such a proposition: "Will not the +citizens of the invaded State assist one another, until they rise as one +man and shake off the Union altogether?"[98] + +Oliver Ellsworth, in the ratifying Convention of Connecticut, said: +"This Constitution does not attempt to coerce _sovereign bodies, +States_, in their political capacity. No coercion is applicable to such +bodies but that of an armed force. If we should attempt to execute the +laws of the Union by sending an armed force against a delinquent State, +it would involve the good and bad, the innocent and guilty, in the same +calamity."[99] + +Mr. Hamilton, in the Convention of New York, said: "To coerce the States +is one of the maddest projects that was ever devised.... What picture +does this idea present to our view? A complying State at war with a +non-complying State: Congress marching the troops of one State into the +bosom of another ... Here is a nation at war with itself. Can any +reasonable man be well disposed toward a government which makes war and +carnage the only means of supporting itself--a government that can exist +only by the sword?... But can we believe that one State will ever suffer +itself to be used as an instrument of coercion? The thing is a dream--it +is impossible."[100] + +Unhappily, our generation has seen that, in the decay of the principles +and feelings which animated the hearts of all patriots in that day, this +thing, like many others then regarded as impossible dreams, has been +only too feasible, and that States have permitted themselves to be used +as instruments, not merely for the coercion, but for the destruction of +the freedom and independence of their sister States. + +Edmund Randolph, Governor of Virginia, although the mover of the +original proposition to authorize the employment of the forces of the +Union against a delinquent member, which had been so signally defeated +in the Federal Convention, afterward, in the Virginia Convention, made +an eloquent protest against the idea of the employment of force against +a State. "What species of military coercion," said he, "could the +General Government adopt for the enforcement of obedience to its +demands? Either an army sent into the heart of a delinquent State, or +blocking up its ports. Have we lived to this, then, that, in order to +suppress and exclude tyranny, it is necessary to render the most +affectionate friends the most bitter enemies, set the father against the +son, and make the brother slay the brother? Is this the happy expedient +that is to preserve liberty? Will it not destroy it? If an army be once +introduced to force us, if once marched into Virginia, figure to +yourselves what the dreadful consequence will be: the most lamentable +civil war must ensue."[101] + +We have seen already how vehemently the idea of even _judicial_ coercion +was repudiated by Hamilton, Marshall, and others. The suggestion of +_military_ coercion was uniformly treated, as in the above extracts, +with still more abhorrence. No principle was more fully and firmly +settled on the highest authority than that, under our system, there +could be no coercion of a State. + +Mr. Webster, in his elaborate speech of February 16, 1833, arguing +throughout against the sovereignty of the States, and in the course of +his argument sadly confounding the ideas of the Federal Constitution and +the Federal Government, as he confounds the sovereign people of the +States with the State governments, says: "The States _can not_ omit to +appoint Senators and electors. It is not a matter resting in State +discretion or State pleasure.... No member of a State Legislature can +refuse to proceed, at the proper time, to elect Senators to Congress, or +to provide for the choice of electors of President and Vice-President, +any more than the members can refuse, when the appointed day arrives, to +meet the members of the other House, to count the votes for those +officers and ascertain who are chosen."[102] This was before the +invention in 1877 of an electoral commission to relieve Congress of its +constitutional duty to count the vote. Mr. Hamilton, on the contrary, +fresh from the work of forming the Constitution, and familiar with its +principles and purposes, said: "It is certainly true that the State +Legislatures, by forbearing the appointment of Senators, may destroy the +national Government."[103] + +It is unnecessary to discuss the particular question on which these two +great authorities are thus directly at issue. I do not contend that the +State Legislatures, of their own will, have a right to forego the +performance of any Federal duty imposed upon them by the Constitution. +But there is a power beyond and above that of either the Federal or +State governments--the power of the people of the State, who ordained +and established the Constitution, as far as it applies to themselves, +reserving, as I think has been demonstrated, the right to reassume the +grants of power therein made, when they deem it necessary for their +safety or welfare to do so. At the behest of this power, it certainly +becomes not only the right, but the duty, of their State Legislature to +refrain from any action implying adherence to the Union, or partnership, +from which the sovereign has withdrawn. + + +[Footnote 96: "Madison Papers," pp. 732, 761.] + +[Footnote 97: Ibid., p. 822.] + +[Footnote 98: Ibid., p. 914.] + +[Footnote 99: Elliott's "Debates," vol. ii, p. 199.] + +[Footnote 100: Ibid., pp. 232, 233.] + +[Footnote 101: Elliott's "Debates," vol. iii, p. 117.] + +[Footnote 102: "Congressional Debates," vol. ix, Part I, p. 566.] + +[Footnote 103: "Federalist," No. lix.] + + + + +CHAPTER XIII. + + Some Objections considered.--The New States.--Acquired + Territory.--Allegiance, false and true.--Difference between + Nullification and Secession.--Secession a Peaceable Remedy.--No + Appeal to Arms.--Two Conditions noted. + + +It would be only adding to a superabundance of testimony to quote +further from the authors of the Constitution in support of the +principle, unquestioned in that generation, that the people who +granted--that is to say, of course, the people of the several +States--might resume their grants. It will require but few words to +dispose of some superficial objections that have been made to the +application of this doctrine in a special case. + +It is sometimes said that, whatever weight may attach to principles +founded on the sovereignty and independence of the original thirteen +States, they can not apply to the States of more recent +origin--constituting now a majority of the members of the Union--because +these are but the offspring or creatures of the Union, and must of +course be subordinate and dependent. + +This objection would scarcely occur to any instructed mind, though it +may possess a certain degree of specious plausibility for the untaught. +It is enough to answer that the entire equality of the States, in every +particular, is a vital condition of their union. Every new member that +has been admitted into the partnership of States came in, as is +expressly declared in the acts for their admission, on a footing of +perfect equality in every respect with the original members. This +equality is as complete as the equality, before the laws, of the son +with the father, immediately on the attainment by the former of his +legal majority, without regard to the prior condition of dependence and +tutelage. The relations of the original States to one another and to the +Union can not be affected by any subsequent accessions of new members, +as the Constitution fixes those relations permanently, and furnishes the +normal standard which is applicable to all. The Boston memorial to +Congress, referred to in a foregoing chapter, as prepared by a committee +with Mr. Webster at its head, says that the new States "are universally +considered as admitted into the Union upon the same footing as the +original States, and as possessing, in respect to the Union, the same +rights of _sovereignty, freedom, and independence_, as the other +States." + +But, with regard to States formed of territory acquired by purchase from +France, Spain, and Mexico, it is claimed that, as they were bought by +the United States, they belong to the same, and have no right to +withdraw at will from an association the property which had been +purchased by the other parties. + +Happy would it have been if the equal rights of the people of _all_ the +States to the enjoyment of territory acquired by the common treasure +could have been recognized at the proper time! There would then have +been no secession and no war. + +As for the sordid claim of ownership of States, on account of the money +spent for the land which they contain--I can understand the ground of a +claim to some interest in the soil, so long as it continues to be public +property, but have yet to learn in what way the United States ever +became purchaser of the _inhabitants_ or of their political rights. + +Any question in regard to property has always been admitted to be matter +for fair and equitable settlement, in case of the withdrawal of a State. + +The treaty by which the Louisiana territory was ceded to the United +States expressly provided that the inhabitants thereof should be +"admitted, as soon as possible, according to the principles of the +Federal Constitution, to the enjoyment of all the rights, advantages, +and immunities of citizens of the United States."[104] In all other +acquisitions of territory the same stipulation is either expressed or +implied. Indeed, the denial of the right would be inconsistent with the +character of American political institutions. + +Another objection made to the right of secession is based upon obscure, +indefinite, and inconsistent ideas with regard to _allegiance_. It +assumes various shapes, and is therefore somewhat difficult to meet, +but, as most frequently presented, may be stated thus: that the citizen +owes a double allegiance, or a divided allegiance--partly to his State, +partly to the United States: that it is not possible for either of these +powers to release him from the allegiance due to the other: that the +State can no more release him from his obligations to the Union than the +United States can absolve him from his duties to his State. This is the +most moderate way in which the objection is put. The extreme +centralizers go further, and claim that allegiance to the Union, or, as +they generally express it, to _the Government_--meaning thereby the +Federal Government--is paramount, and the obligation to the State only +subsidiary--if, indeed, it exists at all. + +This latter view, if the more monstrous, is at least the more consistent +of the two, for it does not involve the difficulty of a divided +allegiance, nor the paradoxical position in which the other places the +citizen, in case of a conflict between his State and the other members +of the Union, of being necessarily a rebel against the General +Government or a traitor to the State of which he is a citizen. + +As to _true_ allegiance, in the light of the principles which have been +established, there can be no doubt with regard to it. The primary, +paramount allegiance of the citizen is due to the sovereign only. That +sovereign, under our system, is the people--the people of the State to +which he belongs--the people who constituted the State government which +he obeys, and which protects him in the enjoyment of his personal +rights--the people who alone (as far as he is concerned) ordained and +established the Federal Constitution and Federal Government--the people +who have reserved to themselves sovereignty, which involves the power to +revoke all agencies created by them. The obligation to support the State +or Federal Constitution and the obedience due to either State or Federal +Government are alike derived from and dependent on the allegiance due to +this sovereign. If the sovereign abolishes the State government and +ordains and establishes a new one, the obligation of allegiance requires +him to transfer his obedience accordingly. If the sovereign withdraws +from association with its confederates in the Union, the allegiance of +the citizen requires him to follow the sovereign. Any other course is +rebellion or treason--words which, in the cant of the day, have been so +grossly misapplied and perverted as to be made worse than unmeaning. His +relation to the Union arose from the membership of the State of which he +was a citizen, and ceased whenever his State withdrew from it. He can +not owe obedience--much less allegiance--to an association from which +his sovereign has separated, and thereby withdrawn him. + +Every officer of both Federal and State governments is required to take +an oath to support the Constitution, a compact the binding force of +which is based upon the sovereignty of the States--a sovereignty +necessarily carrying with it the principles just stated with regard to +allegiance. Every such officer is, therefore, virtually sworn to +maintain and support the sovereignty of all the States. + +Military and naval officers take, in addition, an oath to obey the +lawful orders of their superiors. Such an oath has never been understood +to be eternal in its obligations. It is dissolved by the death, +dismissal, or resignation of the officer who takes it; and such +resignation is not a mere optional right, but becomes an imperative duty +when continuance in the service comes to be in conflict with the +ultimate allegiance due to the sovereignty of the State to which he +belongs. + +A little consideration of these plain and irrefutable truths would show +how utterly unworthy and false are the vulgar taunts which attribute +"treason" to those who, in the late secession of the Southern States, +were loyal to the only sovereign entitled to their allegiance, and which +still more absurdly prate of the violation of oaths to support "_the +Government_," an oath which nobody ever could have been legally required +to take, and which must have been ignorantly confounded with the +prescribed oath to support the Constitution. + +Nullification and secession are often erroneously treated as if they +were one and the same thing. It is true that both ideas spring from the +sovereign right of a State to interpose for the protection of its own +people, but they are altogether unlike as to both their extent and the +character of the means to be employed. The first was a temporary +expedient, intended to restrain action until the question at issue could +be submitted to a convention of the States. It was a remedy which its +supporters sought to apply within the Union; a means to avoid the last +resort--separation. If the application for a convention should fail, or +if the State making it should suffer an adverse decision, the advocates +of that remedy have not revealed what they proposed as the next +step--supposing the infraction of the compact to have been of that +character which, according to Mr. Webster, dissolved it. + +Secession, on the other hand, was the assertion of the inalienable right +of a people to change their government, whenever it ceased to fulfill +the purposes for which it was ordained and established. Under our form +of government, and the cardinal principles upon which it was founded, it +should have been a peaceful remedy. The withdrawal of a State from a +league has no revolutionary or insurrectionary characteristic. The +government of the State remains unchanged as to all internal affairs. It +is only its external or confederate relations that are altered. To term +this action of a sovereign a "rebellion," is a gross abuse of language. +So is the flippant phrase which speaks of it as an appeal to the +"arbitrament of the sword." In the late contest, in particular, there +was no appeal by the seceding States to the arbitrament of arms. There +was on their part no invitation nor provocation to war. They stood in an +attitude of self-defense, and were attacked for merely exercising a +right guaranteed by the original terms of the compact. They neither +tendered nor accepted any challenge to the wager of battle. The man who +defends his house against attack can not with any propriety be said to +have submitted the question of his right to it to the arbitrament of +arms. + +Two moral obligations or restrictions upon a seceding State certainly +exist: in the first place, not to break up the partnership without good +and sufficient cause; and, in the second, to make an equitable +settlement with former associates, and, as far as may be, to avoid the +infliction of loss or damage upon any of them. Neither of these +obligations was violated or neglected by the Southern States in their +secession. + + +[Footnote 104: Ray's "Louisiana Digest," vol. i, p. 24.] + + + + +CHAPTER XIV. + + Early Foreshadowings.--Opinions of Mr. Madison and Mr. Rufus + King.--Safeguards provided.--Their Failure.--State + Interposition.--The Kentucky and Virginia Resolutions.--Their + Endorsement by the People in the Presidential Elections of 1800 + and Ensuing Terms.--South Carolina and Mr. Calhoun.--The + Compromise of 1833.--Action of Massachusetts in + 1843-'45.--Opinions of John Quincy Adams.--Necessity for + Secession. + + +From the earliest period, it was foreseen by the wisest of our statesmen +that a danger to the perpetuity of the Union would arise from the +conflicting interests of different sections, and every effort was made +to secure each of these classes of interests against aggression by the +other. As a proof of this, may be cited the following extract from Mr. +Madison's report of a speech made by himself in the Philadelphia +Convention on the 30th of June, 1787: + + "He admitted that every peculiar interest, whether in any class + of citizens or any description of States, ought to be secured as + far as possible. Wherever there is danger of attack, there ought + to be given a constitutional power of defense. But he contended + that the States were divided into different interests, not by + their difference of size, but by other circumstances; the most + material of which resulted from climate, but principally from + the effects of their having or not having slaves. These two + causes concurred in forming the great division of interests in + the United States. It did not lie between the large and small + States; it lay between the Northern and Southern; and, if any + defensive power were necessary, it ought to be mutually given to + these two interests."[105] + +Mr. Rufus King, a distinguished member of the Convention from +Massachusetts, a few days afterward, said, to the same effect: "He was +fully convinced that the question concerning a difference of interests +did not lie where it had hitherto been discussed, between the great and +small States, but between the Southern and Eastern. For this reason he +had been ready to yield something, in the proportion of representatives, +for the security of the Southern.... He was not averse to giving them a +still greater security, but did not see how it could be done."[106] + +The wise men who formed the Constitution were not seeking to bind the +States together by the material power of a majority; nor were they so +blind to the influences of passion and interest as to believe that paper +barriers would suffice to restrain a majority actuated by either or both +of these motives. They endeavored, therefore, to prevent the conflicts +inevitable from the ascendancy of a sectional or party majority, by so +distributing the powers of government that each interest might hold a +check upon the other. It was believed that the compromises made with +regard to representation--securing to each State an equal vote in the +Senate, and in the House of Representatives giving the States a weight +in proportion to their respective population, estimating the negroes as +equivalent to three fifths of the same number of free whites--would have +the effect of giving at an early period a majority in the House of +Representatives to the South, while the North would retain the +ascendancy in the Senate. Thus it was supposed that the two great +sectional interests would be enabled to restrain each other within the +limits of purposes and action beneficial to both. + +The failure of these expectations need not affect our reverence for the +intentions of the fathers, or our respect for the means which they +devised to carry them into effect. That they were mistaken, both as to +the maintenance of the balance of sectional power and as to the fidelity +and integrity with which the Congress was expected to conform to the +letter and spirit of its delegated authority, is perhaps to be ascribed +less to lack of prophetic foresight, than to that over-sanguine +confidence which is the weakness of honest minds, and which was +naturally strengthened by the patriotic and fraternal feelings resulting +from the great struggle through which they had then but recently passed. +They saw, in the sufficiency of the authority delegated to the Federal +Government and in the fullness of the sovereignty retained by the +States, a system the strict construction of which was so eminently +adapted to indefinite expansion of the confederacy as to embrace every +variety of production and consequent diversity of pursuit. Carried out +in the spirit in which it was devised, there was in this system no +element of disintegration, but every facility for an enlargement of the +circle of the family of States (or nations), so that it scarcely seemed +unreasonable to look forward to a fulfillment of the aspiration of Mr. +Hamilton, that it might extend over North America, perhaps over the +whole continent. + +Not at all incompatible with these views and purposes was the +recognition of the right of the States to reassume, if occasion should +require it, the powers which they had delegated. On the contrary, the +maintenance of this right was the surest guarantee of the perpetuity of +the Union, and the denial of it sounded the first serious note of its +dissolution. The conservative efficiency of "_State interposition_," for +maintenance of the essential principles of the Union against aggression +or decadence, is one of the most conspicuous features in the debates of +the various State Conventions by which the Constitution was ratified. +Perhaps their ideas of the particular form in which this interposition +was to be made may have been somewhat indefinite; and left to be reduced +to shape by the circumstances when they should arise, but the principle +itself was assumed and asserted as fundamental. But for a firm reliance +upon it, as a sure resort in case of need, it may safely be said that +the Union would never have been formed. It would be unjust to the wisdom +and sagacity of the framers of the Constitution to suppose that they +entirely relied on paper barriers for the protection of the rights of +minorities. Fresh from the defense of violated charters and faithless +aggression on inalienable rights, it might, _a priori_, be assumed that +they would require something more potential than mere promises to +protect them from human depravity and human ambition. That they did so +is to be found in the debates both of the General and the State +Conventions, where State interposition was often declared to be the +bulwark against usurpation. + +At an early period in the history of the Federal Government, the States +of Kentucky and Virginia found reason to reassert this right of State +interposition. In the first of the famous resolutions drawn by Mr. +Jefferson in 1798, and with some modification adopted by the Legislature +of Kentucky in November of that year, it is declared that, "whensoever +the General Government assumes undelegated powers, its acts are +_unauthoritative, void, and of no force_; that to this compact each +State acceded as a State, and is an integral party; that this +Government, created by this compact, was not made the exclusive or final +judge of the extent of the powers delegated to itself; since that would +have made its discretion, and not the Constitution, the measure of its +powers; but that, as in all other cases of compact among parties having +no common judge, _each party has an equal right to judge for itself, as +well of infractions as of the mode and measure of redress_." + +In the Virginia resolutions, drawn by Mr. Madison, adopted on the 24th +of December, 1798, and reaffirmed in 1799, the General Assembly of that +State declares that "it views the powers of the Federal Government as +resulting from the compact, to which the States are parties, as limited +by the plain sense and intention of the instrument constituting that +compact, as no further valid than they are authorized by the grants +enumerated in that compact; and that, in case of a deliberate, palpable, +and dangerous exercise of other powers, not granted by the said compact, +the States, who are parties thereto, have the right, and are in duty +bound, to interpose, for arresting the progress of the evil, and for +maintaining within their respective limits the authorities, rights, and +liberties, appertaining to them." Another of the same series of +resolutions denounces the indications of a design "to consolidate the +States by degrees into one sovereignty." + +These, it is true, were only the resolves of two States, and they were +dissented from by several other State Legislatures--not so much on the +ground of opposition to the general principles asserted as on that of +their being unnecessary in their application to the alien and sedition +laws, which were the immediate occasion of their utterance. +Nevertheless, they were the basis of the contest for the Presidency in +1800, which resulted in their approval by the people in the triumphant +election of Mr. Jefferson. They became part of the accepted creed of the +Republican, Democratic, State-Rights, or Conservative party, as it has +been variously termed at different periods, and as such they were +ratified by the people in every Presidential election that took place +for sixty years, with two exceptions. The last victory obtained under +them, and when they were emphasized by adding the construction of them +contained in the report of Mr. Madison to the Virginia Legislature in +1799, was at the election of Mr. Buchanan--the last President chosen by +vote of a party that could with any propriety be styled "national," in +contradistinction to sectional. + +At a critical and memorable period, that pure spirit, luminous +intellect, and devoted adherent of the Constitution, the great statesman +of South Carolina, invoked this remedy of State interposition against +the Tariff Act of 1828, which was deemed injurious and oppressive to his +State. No purpose was then declared to coerce the State, as such, but +measures were taken to break the protective shield of her authority and +enforce the laws of Congress upon her citizens, by compelling them to +pay outside of her ports the duties on imports, which the State had +declared unconstitutional, and had forbidden to be collected in her +ports. + +There remained at that day enough of the spirit in which the Union had +been founded--enough of respect for the sovereignty of States and of +regard for the limitations of the Constitution--to prevent a conflict of +arms. The compromise of 1833 was adopted, which South Carolina agreed to +accept, the principle for which she contended being virtually conceded. + +Meantime there had been no lack, as we have already seen, of assertions +of the sovereign rights of the States from other quarters. The +declaration of these rights by the New England States and their +representatives, on the acquisition of Louisiana in 1803, on the +admission of the State of that name in 1811-'12, and on the question of +the annexation of Texas in 1843-'45, have been referred to in another +place. Among the resolutions of the Massachusetts Legislature, in +relation to the proposed annexation of Texas, adopted in February, 1845, +were the following: + + "2. _Resolved_, That there has hitherto been no precedent of the + admission of a foreign state or foreign territory into the Union + by legislation. And as the powers of legislation, granted in the + Constitution of the United States to Congress, do not embrace a + case of the admission of a foreign state or foreign territory, + by legislation, into the Union, such an act of admission _would + have no binding force whatever on the people of Massachusetts_. + + "3. _Resolved_, That the power, _never having been granted by + the people of Massachusetts_, to admit into the Union States and + Territories not within the same when the Constitution was + adopted, _remains with the people, and can only be exercised in + such way and manner as the people shall hereafter designate and + appoint_."[107] + +To these stanch declarations of principles--with regard to which +(leaving out of consideration the particular occasion that called them +forth) my only doubt would be whether they do not express too decided a +doctrine of nullification--may be added the avowal of one of the most +distinguished sons of Massachusetts, John Quincy Adams, in his discourse +before the New York Historical Society, in 1839: + + "Nations" (says Mr. Adams) "acknowledge no judge between them + upon earth; and their governments, from necessity, must, in + their intercourse with each other, decide when the failure of + one party to a contract to perform its obligations absolves the + other from the reciprocal fulfillment of its own. But this last + of earthly powers is not necessary to the freedom or + independence of States connected together by the immediate + action of the people of whom they consist. To the people alone + is there reserved as well the dissolving as the constituent + power, and that power can be exercised by them only under the + tie of conscience, binding them to the retributive justice of + Heaven. + + "With these qualifications, we may admit the same right as + vested in the _people of every State_ in the Union, with + reference to the General Government, which was exercised by the + people of the united colonies with reference to the supreme head + of the British Empire, of which they formed a part; and under + these limitations have the people of each State in the Union a + right to secede from the confederated Union itself. + + "Thus stands the RIGHT. But the indissoluble link of union + between the people of the several States of this confederated + nation is, after all, not in the RIGHT, but in the HEART. If the + day should ever come (may Heaven avert it!) when the affections + of the people of these States shall be alienated from each + other, when the fraternal spirit shall give way to cold + indifference, or collision of interests shall fester into + hatred, the bonds of political association will not long hold + together parties no longer attracted by the magnetism of + conciliated interests and kindly sympathies; and _far better + will it be for the people of the disunited States to part in + friendship with each other than to be held together by + constraint_. Then will be the time for reverting to the + precedents which occurred at the formation and adoption of the + Constitution, to form again a _more perfect Union, by dissolving + that which could no longer bind_, and to leave the separated + parts to be reunited by the law of political gravitation to the + center." + +Perhaps it is unfortunate that, in earlier and better times, when the +prospect of serious difficulties first arose, a convention of the States +was not assembled to consider the relations of the various States and +the Government of the Union. As time rolled on, the General Government, +gathering with both hands a mass of undelegated powers, reached that +position which Mr. Jefferson had pointed out as an intolerable evil--the +claim of a right to judge of the extent of its own authority. Of those +then participating in public affairs, it was apparently useless to ask +that the question should be submitted for decision to the parties to the +compact, under the same conditions as those which controlled the +formation and adoption of the Constitution; otherwise, a convention +would have been utterly fruitless, for at that period, when aggression +for sectional aggrandizement had made such rapid advances, it can +scarcely be doubted that more than a fourth, if not a majority of +States, would have adhered to that policy which had been manifested for +years in the legislation of many States, as well as in that of the +Federal Government. What course would then have remained to the Southern +States? Nothing, except either to submit to a continuation of what they +believed and felt to be violations of the compact of union, breaches of +faith, injurious and oppressive usurpation, or else to assert the +sovereign right to reassume the grants they had made, since those grants +had been perverted from their original and proper purposes. + +Surely the right to resume the powers delegated and to judge of the +propriety and sufficiency of the causes for doing so are alike +inseparable from the possession of sovereignty. Over sovereigns there is +no common judge, and between them can be no umpire, except by their own +agreement and consent. The necessity or propriety of exercising the +right to withdraw from a confederacy or union must be determined by each +member for itself. Once determined in favor of withdrawal, all that +remains for consideration is the obligation to see that no wanton damage +is done to former associates, and to make such fair settlement of common +interests as the equity of the case may require. + + +[Footnote 105: "Madison Papers," p. 1006.] + +[Footnote 106: Ibid., pp. 1057, 1058.] + +[Footnote 107: "Congressional Globe," vol. xiv, p. 299.] + + + + +CHAPTER XV. + + A Bond of Union necessary after the Declaration of + Independence.--Articles of Confederation.--The Constitution of + the United States.--The Same Principle for obtaining Grants of + Power in both.--The Constitution an Instrument enumerating the + Powers delegated.--The Power of Amendment merely a Power to + amend the Delegated Grants.--A Smaller Power was required for + Amendment than for a Grant.--The Power of Amendment is confined + to Grants of the Constitution.--Limitations on the Power of + Amendment. + + +In July, 1776, the Congress of the thirteen united colonies declared +that "these united colonies are, and of right ought to be, free and +independent States." The denial of this asserted right and the attempted +coercion made it manifest that a bond of union was necessary, for the +common defense. + +In November of the next year, viz., 1777, articles of confederation and +perpetual union were entered into by the thirteen States under the style +of "The United States of America." The government instituted was to be +administered by a congress of delegates from the several States, and +each State to have an equal voice in legislation. The Government so +formed was to act through and by the States, and, having no power to +enforce its requisitions upon the States, embarrassment was early +realized in its efforts to provide for the exigencies of war. After the +treaty of peace and recognition of the independence of the States, the +difficulty of raising revenue and regulating commerce was so great as to +lead to repeated efforts to obtain from the States additional grants of +power. Under the Articles of Confederation no amendment of them could be +made except by the unanimous consent of the States, and this it had not +been found possible to obtain for the powers requisite to the efficient +discharge of the functions intrusted to the Congress. Hence arose the +proceedings for a convention to amend the articles of confederation. The +result was the formation of a new plan of government, entitled "The +Constitution of the United States of America." + +This was submitted to the Congress, in order that, if approved by them, +it might be referred to the States for adoption or rejection by the +several conventions thereof, and, if adopted by nine of the States, it +was to be the compact of union between the States so ratifying the same. + +The new form of government differed in many essential particulars from +the old one. The delegates, intent on the purpose to give greater +efficiency to the government of the Union, proposed greatly to enlarge +its powers, so much so that it was not deemed safe to confide them to a +single body, and they were consequently distributed between three +independent departments of government, which might be a check upon one +another. The Constitution did not, like the Articles of Confederation, +declare that the States had agreed to a perpetual union, but distinctly +indicated the hope of its perpetuity by the expression in the preamble +of the purpose to "secure the blessings of liberty to ourselves and our +posterity." The circumstances under which the Union of the Constitution +was formed justified the hope of its perpetuity, but the brief existence +of the Confederation may have been a warning against the renewal of the +assertion that the compact should be perpetual. + +A remedy for the embarrassment which had been realized, under the +Articles of Confederation, in obtaining amendments to correct any +defects in grants of power, so as to render them effective for the +purpose for which they were given, was provided by its fifth article. It +is here to be specially noted that new grants of power, as asked for by +the Convention, were under the Articles of Confederation only to be +obtained from the unanimous assent of the States. Therefore it followed +that two of the States which did not ratify the Constitution were, so +long as they retained that attitude, free from its obligations. Thus it +is seen that the same principle in regard to obtaining grants of +additional power for the Federal Government formed the rule for the +Union as it had done for the Confederation; that is, that the consent of +each and every State was a prerequisite. The apprehension which justly +existed that several of the States might reject the Constitution, and +under the rule of unanimity defeat it, led to the seventh article of the +Constitution, which, provided that the ratification by the conventions +of nine States should be sufficient for the establishment of the +Constitution between the States ratifying it, which of course +contemplated leaving the others, more or less in number, separate and +distinct from the nine States forming a new government. Thus was the +Union to be a voluntary compact, and all the powers of its government to +be derived from the assent of each of its members. + +These powers as proposed by the Constitution were so extensive as to +create alarm and opposition by some of the most influential men in many +of the States. It is known that the objection of the patriot Samuel +Adams was only overcome by an assurance that such an amendment as the +tenth would be adopted. Like opposition was by like assurance elsewhere +overcome. That article is in these words: "The powers not delegated to +the United States by the Constitution, nor prohibited by it to the +States, are reserved to the States respectively or to the people." + +Amendment, however, of the delegated powers was made more easy than it +had been under the Confederation. Ratification by three fourths of the +States was sufficient under the Constitution for the adoption of an +amendment to it. As this power of amendment threatens to be the Aaron's +rod which will swallow up the rest, I propose to give it special +examination. What is the Constitution of the United States? The whole +body of the instrument, the history of its formation and adoption, as +well as the tenth amendment, added in an abundance of caution, clearly +show it to be an instrument enumerating the powers delegated by the +States to the Federal Government, their common agent. It is specifically +declared that all which was not so delegated was reserved. On this mass +of reserved powers, those which the States declined to grant, the +Federal Government was expressly forbidden to intrude. Of what value +would this prohibition have been, if three fourths of the States could, +without the assent of a particular State, invade the domain which that +State had reserved for its own exclusive use and control? + +It has heretofore, I hope, been satisfactorily demonstrated that the +States were sovereigns before they formed the Union, and that they have +never surrendered their sovereignty, but have only intrusted by their +common agent certain functions of sovereignty to be used for their +common welfare. + +Among the powers delegated was one to amend the Constitution, which, it +is submitted, was merely the power to amend the delegated grants, and +these were obtained by the separate and independent action of each State +acceding to the Union. When we consider how carefully each clause was +discussed in the General Convention, and how closely each was +scrutinized in the conventions of the several States, the conclusion can +not be avoided that all was specified which it was intended to bestow, +and not a few of the wisest in that day held that too much power had +been conferred. + +Aware of the imperfection of everything devised by man, it was foreseen +that, in the exercise of the functions intrusted to the General +Government, experience might reveal the necessity of modification--i.e., +amendment--and power was therefore given to amend, in a certain manner, +the delegated trusts so as to make them efficient for the purposes +designed, or to prevent their misconstruction or abuse to the injury or +oppression of any of the people. In support of this view I refer to the +historical fact that the first ten amendments of the Constitution, +nearly coeval with it, all refer either to the powers delegated, or are +directed to the greater security of the rights which were guarded by +express limitations. + +The distinction in the mind of the framers of the Constitution between +amendment and delegation of power seems to me clearly drawn by the fact +that the Constitution itself, which was a proposition to the States to +grant enumerated powers, was only to have effect between the ratifying +States; but the fifth article provided that amendments to the +Constitution might be adopted by three fourths of the States, and +thereby be valid as part of the Constitution. It thus appears that a +smaller power was required for an amendment than for a grant, and the +natural if not necessary conclusion is, that it was because an amendment +must belong to, and grow out of, a grant previously made. If a so-called +amendment could have been the means of obtaining a new power, is it to +be supposed that those watchful guardians of community independence, for +which the war of the Revolution had been fought, would have been +reconciled to the adoption of the Constitution, by the declaration that +the powers not delegated are reserved to the States? Unless the power of +amendment be confined to the grants of the Constitution, there can be no +security to the reserved rights of a minority less than a fourth of the +States. I submit that the word "amendment" necessarily implies an +improvement upon something which is possessed, and can have no proper +application to that which did not previously exist. + +The apprehension that was felt of this power of amendment by the framers +of the Constitution is shown by the restrictions placed upon the +exercise of several of the delegated powers. For example: power was +given to admit new States, but no new State should be erected within the +jurisdiction of any other State, nor be formed by the junction of two or +more States, or parts of States, without the consent of the Legislatures +of those States; and the power to regulate commerce was limited by the +prohibition of an amendment affecting, for a certain time, the migration +or importation of persons whom any of the existing States should think +proper to admit; and by the very important provision for the protection +of the smaller States and the preservation of their equality in the +Union, that the compact in regard to the membership of the two Houses of +Congress should not be so amended that any "State, without its consent, +shall be deprived of its equal suffrage in the Senate." These +limitations and prohibitions on the power of amendment all refer to +clauses of the Constitution, to things which existed as part of the +General Government; they were not needed, and therefore not to be found +in relation to the reserved powers of the States, on which the General +Government was forbidden to intrude by the ninth article of the +amendments. + +In view of the small territory of the New England States, comparatively +to that of the Middle and Southern States, and the probability of the +creation of new States in the large Territory of some of these latter, +it might well have been anticipated that in the course of time the New +England States would become less than one fourth of the members of the +Union. Nothing is less likely than that the watchful patriots of that +region would have consented to a form of government which should give to +a majority of three fourths of the States the power to deprive them of +their dearest rights and privileges. Yet to this extremity the new-born +theory of the power of amendment would go. Against this insidious +assault, this wooden horse which it is threatened to introduce into the +citadel of our liberties, I have sought to warn the inheritors of our +free institutions, and earnestly do invoke the resistance of all true +patriots. + + + + +PART III. + +SECESSION AND CONFEDERATION. + +CHAPTER I. + + Opening of the New Year.--The People in Advance of their + Representatives.--Conciliatory Conduct of Southern Members of + Congress.--Sensational Fictions.--Misstatements of the Count of + Paris.--Obligations of a Senator.--The Southern Forts and + Arsenals.--Pensacola Bay and Fort Pickens.--The Alleged "Caucus" + and its Resolutions.--Personal Motives and Feelings.--The + Presidency not a Desirable Office.--Letter from the Hon. C. C. + Clay. + + +With the failure of the Senate Committee of Thirteen to come to any +agreement, the last reasonable hope of a pacific settlement of +difficulties within the Union was extinguished in the minds of those +most reluctant to abandon the effort. The year 1861 opened, as we have +seen, upon the spectacle of a general belief, among the people of the +planting States, in the necessity of an early secession, as the only +possible alternative left them. + +It has already been shown that the calmness and deliberation, with which +the measures requisite for withdrawal were adopted and executed, afford +the best refutation of the charge that they were the result of haste, +passion, or precipitation. Still more contrary to truth is the +assertion, so often recklessly made and reiterated, that the people of +the South were led into secession, against their will and their better +judgment, by a few ambitious and discontented politicians. + +The truth is, that the Southern people were in advance of their +representatives throughout, and that these latter were not agitators or +leaders in the popular movement. They were in harmony with its great +principles, but their influence, with very few exceptions, was exerted +to restrain rather than to accelerate their application, and to allay +rather than to stimulate excitement. As sentinels on the outer wall, the +people had a right to look to them for warning of approaching danger; +but, as we have seen, in that last session of the last Congress that +preceded the disruption, Southern Senators, of the class generally +considered extremists, served on a committee of pacification, and strove +earnestly to promote its objects. Failing in this, they still exerted +themselves to prevent the commission of any act that might result in +bloodshed. + +Invention has busied itself, to the exhaustion of its resources, in the +creation of imaginary "cabals," "conspiracies," and "intrigues," among +the Senators and Representatives of the South on duty in Washington at +that time. The idle gossip of the public hotels, the sensational rumors +of the streets, the _canards_ of newspaper correspondents--whatever was +floating through the atmosphere of that anxious period--however lightly +regarded at the moment by the more intelligent, has since been drawn +upon for materials to be used in the construction of what has been +widely accepted as authentic history. Nothing would seem to be too +absurd for such uses. Thus, it has been gravely stated that a caucus of +Southern Senators, held in the early part of January, "resolved to +assume to themselves the political power of the South"; that they took +entire control of all political and military operations; that they +issued instructions for the passage of ordinances of secession, and for +the seizure of forts, arsenals, and custom-houses; with much more of the +like groundless fiction. A foreign prince, who served for a time in the +Federal Army, and has since undertaken to write a history of "The Civil +War in America"--a history the incomparable blunders of which are +redeemed from suspicion of willful misstatement only by the writer's +ignorance of the subject--speaks of the Southern representatives as +having "kept their seats in Congress in order to be able to paralyze its +action, forming, at the same time, a center whence they issued +directions to their friends in the South to complete the dismemberment +of the republic."[108] And again, with reference to the secession of +several States, he says that "the word of command issued by _the +committee at Washington was_ promptly obeyed."[109] + +Statements such as these are a travesty upon history. That the +representatives of the South held conference with one another and took +counsel together, as men having common interests and threatened by +common dangers, is true, and is the full extent of the truth. That they +communicated to friends at home information of what was passing is to be +presumed, and would have been most obligatory if it had not been that +the published proceedings rendered such communication needless. But that +any such man, or committee of men, should have undertaken to direct the +mighty movement then progressing throughout the South, or to control, +through the telegraph and the mails, the will and the judgment of +conventions of the people, assembled under the full consciousness of the +dignity of that sovereignty which they represented, would have been an +extraordinary degree of folly and presumption. + +The absurdity of the statement is further evident from a consideration +of the fact that the movements which culminated in the secession of the +several States began before the meeting of Congress. They were not +inaugurated, prosecuted, or controlled by the Senators and +Representatives in Congress, but by the Governors, Legislatures, and +finally by the delegates of the people in conventions of the respective +States. I believe I may fairly claim to have possessed a full share of +the confidence of the people of the State which I in part represented; +and proof has already been furnished to show how little effect my own +influence could have upon their action, even in the negative capacity of +a brake upon the wheels, by means of which it was hurried on to +consummation. + +As for the imputation of holding our seats as a vantage-ground in +plotting for the dismemberment of the Union--in connection with which +the Count of Paris does me the honor to single out my name for special +mention--it is a charge so dishonorable, if true, to its object--so +disgraceful, if false, to its author--as to be outside of the proper +limit of discussion. It is a charge which no accuser ever made in my +presence, though I had in public debate more than once challenged its +assertion and denounced its falsehood. It is enough to say that I always +held, and repeatedly avowed, the principle that a Senator in Congress +occupied the position of an ambassador from the State which he +represented to the Government of the United States, as well as in some +sense a member of the Government; and that, in either capacity, it would +be dishonorable to use his powers and privileges for the destruction or +for the detriment of the Government to which he was accredited. Acting +on this principle, as long as I held a seat in the Senate, my best +efforts were directed to the maintenance of the Constitution, the Union +resulting from it, and to make the General Government an effective agent +of the States for its prescribed purpose. As soon as the paramount +allegiance due to Mississippi forbade a continuance of these efforts, I +withdrew from the position. To say that during this period I did nothing +secretly, in conflict with what was done or professed openly, would be +merely to assert my own integrity, which would be worthless to those who +may doubt it, and superfluous to those who believe in it. What has been +said on the subject for myself, I believe to be also true of my Southern +associates in Congress. + +With regard to the forts, arsenals, etc., something more remains to be +said. The authorities of the Southern States immediately after, and in +some cases a few days before, their actual secession, took possession +(in every instance without resistance or bloodshed) of forts, arsenals, +custom-houses, and other public property within their respective limits. +I do not propose at this time to consider the question of their right to +do so; that may be more properly done hereafter. But it may not be out +of place briefly to refer to the statement, often made, that the absence +of troops from the military posts in the South, which enabled the States +so quietly to take such possession, was the result of collusion and +prearrangement between the Southern leaders and the Federal Secretary of +War, John B. Floyd, of Virginia. It is a sufficient answer to this +allegation to state the fact that the absence of troops from these +posts, instead of being exceptional, was, and still is, their ordinary +condition in time of peace. At the very moment when these sentences are +being written (in 1880), although the army of the United States is twice +as large as in 1860; although four years of internal war and a yet +longer period of subsequent military occupation of the South have +habituated the public to the presence of troops in their midst, to an +extent that would formerly have been startling if not offensive; +although allegations of continued disaffection on the part of the +Southern people have been persistently reiterated, for party +purposes--yet it is believed that the forts and arsenals in the States +of the Gulf are in as defenseless a condition, and as liable to quiet +seizure (if any such purpose existed), as in the beginning of the year +1861. Certainly, those within the range of my personal information are +occupied, as they were at that time, only by ordnance-sergeants or +fort-keepers. + +There were, however, some exceptions to this general rule--especially in +the defensive works of the harbor of Charleston, the forts at Key West +and the Dry Tortugas, and those protecting the entrance of Pensacola +Bay. The events which occurred in Charleston Harbor will be more +conveniently noticed hereafter. The island forts near the extreme +southern point of Florida were too isolated and too remote from +population to be disturbed at that time; but the situation long +maintained at the mouth of Pensacola Bay affords a signal illustration +of the forbearance and conciliatory spirit that animated Southern +counsels. For a long time, Fort Pickens, on the island of Santa Rosa, at +the entrance to the harbor, was occupied only by a small body of Federal +soldiers and marines--less than one hundred, all told. Immediately +opposite, and in possession of the other two forts and the adjacent +navy-yard, was a strong force of volunteer troops of Florida and Alabama +(which might, on short notice, have been largely increased), ready and +anxious to attack and take possession of Fort Pickens. That they could +have done so is unquestionable, and, if mere considerations of military +advantage had been consulted, it would surely have been done. But the +love of peace and the purpose to preserve it, together with a revulsion +from the thought of engaging in fraternal strife, were more potent than +considerations of probable interest. During the anxious period of +uncertainty and apprehension which ensued, the efforts of the Southern +Senators in Washington were employed to dissuade (they could not +_command_) from any aggressive movement, however justifiable, that might +lead to collision. These efforts were exerted through written and +telegraphic communications to the Governors of Alabama and Florida, the +Commander of the Southern troops, and other influential persons near the +scene of operations. The records of the telegraph-office, if preserved, +will no doubt show this to be a very moderate statement of those +efforts. It is believed that by such influence alone a collision was +averted; and it is certain that its exercise gave great dissatisfaction +at the time to some of the ardent advocates of more active measures. It +may be that _they_ were right, and that we, who counseled delay and +forbearance, were wrong. Certainly, if we could have foreseen the +ultimate failure of all efforts for a peaceful settlement, and the +perfidy that was afterward to be practiced in connection with them, our +advice would have been different. + +Certain resolutions, said to have been adopted in a meeting of Senators +held on the evening of the 5th of January,[110] have been magnified, by +the representations of artful commentators on the events of the period, +into something vastly momentous. + +The significance of these resolutions was the admission that we could +not longer advise delay, and even that was unimportant under the +circumstances, for three of the States concerned had taken final action +on the subject before the resolutions could have been communicated to +them. As an expression of opinion, they merely stated that of which we +had all become convinced by the experience of the previous month--that +our long-cherished hopes had proved illusory--that further efforts in +Congress would be unavailing, and that nothing remained, except that the +States should take the matter into their own hands, as final judges of +their wrongs and of the measure of redress. They recommended the +formation of a confederacy among the seceding States as early as +possible after their secession--advice the expediency of which could +hardly be questioned, either by friend or foe. As to the "instructions" +asked for with regard to the propriety of continuing to hold their +seats, I suppose it must have been caused by some diversity of opinion +which then and long afterward continued to exist; and the practical +value of which must have been confined to Senators of States which did +not actually secede. For myself, I can only say that no advice could +have prevailed on me to hold a seat in the Senate after receiving notice +that Mississippi had withdrawn from the Union. The best evidence that my +associates thought likewise is the fact that, although no instructions +were given them, they promptly withdrew on the receipt of official +information of the withdrawal of the States which they represented. + +It will not be amiss here briefly to state what were my position and +feelings at the period now under consideration, as they have been the +subject of gross and widespread misrepresentation. It is not only +untrue, but absurd, to attribute to me motives of personal ambition to +be gratified by a dismemberment of the Union. Much of my life had been +spent in the military and civil service of the United States. Whatever +reputation I had acquired was identified with their history; and, if +future preferment had been the object, it would have led me to cling to +the Union as long as a shred of it should remain. If any, judging after +the event, should assume that I was allured by the high office +subsequently conferred upon me by the people of the Confederate States, +the answer to any such conclusion has been made by others, to whom it +was well known, before the Confederacy was formed, that I had no desire +to be its President. When the suggestion was made to me, I expressed a +decided objection, and gave reasons of a public and permanent character +against being placed in that position. + +Furthermore, I then held the office of United States Senator from +Mississippi--one which I preferred to all others. The kindness of the +people had three times conferred it upon me, and I had no reason to fear +that it would not be given again, as often as desired. So far from +wishing to change this position for any other, I had specially requested +my friends (some of whom had thought of putting me in nomination for the +Presidency of the United States in 1860) not to permit "my name to be +used before the Convention for any nomination whatever." + +I had been so near the office for four years, while in the Cabinet of +Mr. Pierce, that I saw it from behind the scenes, and it was to me an +office in no wise desirable. The responsibilities were great; the labor, +the vexations, the disappointments, were greater. Those who have +intimately known the official and personal life of our Presidents can +not fail to remember how few have left the office as happy men as when +they entered it, how darkly the shadows gathered around the setting sun, +and how eagerly the multitude would turn to gaze upon another orb just +rising to take its place in the political firmament. + +Worn by incessant fatigue, broken in fortune, debarred by public +opinion, prejudice, or tradition, from future employment, the wisest and +best who have filled that office have retired to private life, to +remember rather the failure of their hopes than the success of their +efforts. He must, indeed, be a self-confident man who could hope to fill +the chair of Washington with satisfaction to himself, with the assurance +of receiving on his retirement the meed awarded by the people to that +great man, that he had "lived enough for life and for glory," or even of +feeling that the sacrifice of self had been compensated by the service +rendered to his country. + +The following facts were presented in a letter written several years ago +by the Hon. C. C. Clay, of Alabama, who was one of my most intimate +associates in the Senate, with reference to certain misstatements to +which his attention had been called by one of my friends: + + "The import is, that Mr. Davis, disappointed and chagrined at + not receiving the nomination of the Democratic party for + President of the United States in 1860, took the lead on the + assembling of Congress in December, 1860, in a 'conspiracy' of + Southern Senators 'which planned the secession of the Southern + States from the Union,' and 'on the night of January 5, 1861,... + framed the scheme of revolution which was implicitly and + promptly followed at the South.' In other words, that Southern + Senators (and, chief among them, Jefferson Davis), then and + there, instigated and induced the Southern States to secede. + + "I am quite sure that Mr. Davis neither expected nor desired the + nomination for the Presidency of the United States in 1860. He + never evinced any such aspiration, by word or sign, to me--with + whom he was, I believe, as intimate and confidential as with any + person outside of his own family. On the contrary, he requested + the delegation from Mississippi not to permit the use of his + name before the Convention. And, after the nomination of both + Douglas and Breckinridge, he conferred with them, at the + instance of leading Democrats, to persuade them to withdraw, + that their friends might unite on some second choice--an office + he would never have undertaken, had he sought the nomination or + believed he was regarded as an aspirant. + + "Mr. Davis did not take an active part in planning or hastening + secession. I think he only _regretfully_ consented to it, as a + political necessity for the preservation of popular and State + rights, which were seriously threatened by the triumph of a + sectional party who were pledged to make war on them. I know + that some leading men, and even Mississippians, thought him too + moderate and backward, and found fault with him for not taking a + leading part in secession. + + "No 'plan of secession' or 'scheme of revolution' was, to my + knowledge, discussed--certainly none matured--at the caucus, 5th + of January, 1861, unless, forsooth, the resolutions appended + hereto be so held. They comprise the sum and substance of what + was said and done. I never heard that the caucus advised the + South 'to accumulate munitions of war,' or 'to organize and + equip an army of one hundred thousand men,' or determined 'to + hold on as long as possible to the Southern seats.' So far from + it, a majority of Southern Senators seemed to think there would + be no war; that the dominant party in the North desired + separation from the South, and would gladly let their 'erring + sisters go in peace.' I could multiply proofs of such a + disposition. As to holding on to their seats, no Southern + Legislature advised it, no Southern Senator who favored + secession did so but one, and none others wished to do so, I + believe. + + "The 'plan of secession,' if any, and the purpose of secession, + unquestionably, originated, not in Washington City, or with the + Senators or Representatives of the South, but among the people + of the several States, many months before it was attempted. They + followed no leaders at Washington or elsewhere, but acted for + themselves, with an independence and unanimity unprecedented in + any movement of such magnitude. Before the meeting of the caucus + of January 5, 1861, South Carolina had seceded, and Alabama, + Mississippi, Florida, Louisiana, and Texas had taken the initial + step of secession, by calling conventions for its + accomplishment. Before the election of Lincoln, all the Southern + States, excepting one or two, had pledged themselves to separate + from the Union upon the triumph of a sectional party in the + Presidential election, by acts or resolutions of their + Legislatures, resolves of both Democratic and Whig State + Conventions, and of primary assemblies of the people--in every + way in which they could commit themselves to any future act. + Their purpose was proclaimed to the world through the press and + telegraph, and criticised in Congress, in the Northern + Legislatures, in press and pulpit, and on the hustings, during + many months before Congress met in December, 1860. + + "Over and above all these facts, the reports of the United + States Senate show that, prior to the 5th of January, 1861, + Southern Senators united with Northern Democratic Senators in an + effort to effect pacification and prevent secession, and that + Jefferson Davis was one of a committee appointed by the Senate + to consider and report such a measure; that it failed because + the Northern Republicans opposed everything that looked to + peace; that Senator Douglas arraigned them as trying to + precipitate secession, referred to Jefferson Davis as one who + sought conciliation, and called upon the Republican Senators to + tell what they would do, if anything, to restore harmony and + prevent disunion. They did not even deign a response. Thus, by + their sullen silence, they made confession (without avoidance) + of their stubborn purpose to hold up no hand raised to maintain + the Union...." + + +[Footnote 108: "History of the Civil war," by the Count of Paris; +American translation, vol. i, p. 122.] + +[Footnote 109: Ibid, p. 125.] + +[Footnote 110: Subjoined are the resolutions referred to, adopted by the +Senators from Georgia, Florida, Alabama, Mississippi, Louisiana, Texas, +and Arkansas. Messrs. Toombs, of Georgia, and Sebastian, of Arkansas, +are said to have been absent from the meeting: + + "_Resolved_, That, in our opinion, each of the States should, as + soon as may be, secede from the Union. + + "_Resolved_, That provision should be made for a convention to + organize a confederacy of the seceding States: the Convention to + meet not later than the 15th of February, at the city of + Montgomery, in the State of Alabama. + + "_Resolved_, That, in view of the hostile legislation that is + threatened against the seceding States, and which may be + consummated before the 4th of March, we ask instructions whether + the delegations are to remain in Congress until that date, for + the purpose of defeating such legislation. + + "_Resolved_, That a committee be and are hereby appointed, + consisting of Messrs. Davis, Slidell, and Mallory, to carry out + the objects of this meeting." +] + + + + +CHAPTER II. + + Tenure of Public Property ceded by the States.--Sovereignty and + Eminent Domain.--Principles asserted by Massachusetts, New York, + Virginia, and other States.--The Charleston Forts.--South + Carolina sends Commissioners to Washington.--Sudden Movement of + Major Anderson.--Correspondence of the Commissioners with the + President.--Interviews of the Author with Mr. Buchanan.--Major + Anderson.--The Star of the West.--The President's Special + Message.--Speech of the Author in the Senate.--Further + Proceedings and Correspondence relative to Fort Sumter.--Mr. + Buchanan's Rectitude in Purpose and Vacillation in Action. + + +The sites of forts, arsenals, navy-yards, and other public property of +the Federal Government were ceded by the States, within whose limits +they were, subject to the condition, either expressed or implied, that +they should be used solely and exclusively for the purposes for which +they were granted. The ultimate ownership of the soil, or eminent +domain, remains with the people of the State in which it lies, by virtue +of their sovereignty. Thus, the State of Massachusetts has declared +that-- + + "The sovereignty and jurisdiction of the Commonwealth extend to + all places within the boundaries thereof, subject only to such + rights of _concurrent jurisdiction_ as have been or may be + granted over any places ceded by the Commonwealth to the United + States."[111] + +In the acts of cession of the respective States, the terms and +conditions on which the grant is made are expressed in various forms and +with differing degrees of precision. The act of New York, granting the +use of a site for the Brooklyn Navy-Yard, may serve as a specimen. It +contains this express condition: + + "The United States are to retain such use and jurisdiction, _so + long as said tract shall be applied to the defense and safety of + the city and port of New York, and no longer_.... But the + jurisdiction hereby ceded, and the exemption from taxation + herein granted, shall continue in respect to said property, and + to each portion thereof, _so long as the same shall remain the + property of the United States_, and be used for the purposes + aforesaid, _and no longer_." The cession of the site of the + Watervliet Arsenal is made in the same or equivalent terms, + except that, instead of "defense and safety of the city and port + of New York," etc., the language is, "defense and safety _of the + said State_, and no longer." + +South Carolina in 1805, by legislative enactment, ceded to the United +States, in Charleston Harbor and on Beaufort River, various forts and +fortifications, and sites for the erection of forts, on the following +conditions, viz.: + + "That, if the United States shall not, within three years from + the passing of this act, and notification thereof by the + Governor of this State to the Executive of the United States, + repair the fortifications now existing thereon or build such + other forts or fortifications as may be deemed most expedient by + the Executive of the United States on the same, and keep a + garrison or garrisons therein; in such case this grant or + cession shall be void and of no effect."--("Statutes at Large of + South Carolina," vol. v, p. 501.) + +It will hardly be contended that the conditions of this grant were +fulfilled, and, if it be answered that the State did not demand the +restoration of the forts or sites, the answer certainly fails after +1860, when the controversy arose, and the unfounded assertion was made +that those forts and sites had been purchased with the money, and were +therefore the property, of the United States. The terms of the cession +sufficiently manifest that they were free-will offerings of such forts +and sites as belonged to the State; and public functionaries were bound +to know that, by the United States law of March 20, 1794, it was +provided "that no purchase shall be made where such lands are the +property of a State."--(Act to provide for the defense of certain ports +and harbors of the United States.) + +The stipulations made by Virginia, in ceding the ground for Fortress +Monroe and the Rip Raps, on the 1st of March, 1821, are as follows: + + "_An Act ceding to the United States the lands on Old Point + Comfort, and the shoal called the Rip Raps._ + + "_Whereas_, It is shown to the present General Assembly that the + Government of the United States is solicitous that certain lands + at Old Point Comfort, and at the shoal called the Rip Raps, + should be, with the right of property and entire jurisdiction + thereon, vested in the said United States for the purpose of + fortification and other objects of national defense: + + "1. _Be it enacted by the General Assembly_, That it shall be + lawful and proper for the Governor of this Commonwealth, by + conveyance or deeds in writing under his hand and the seal of + the State, to transfer, assign, and make over unto the said + United States the right of property and title, as well as all + the jurisdiction which this Commonwealth possesses over the + lands and shoal at Old Point Comfort and the Rip Raps:... + + "2. _And be it further enacted_, That, _should the said United + States at any time abandon the said lands and shoal, or + appropriate them to any other purposes than those indicated in + the preamble to this act, that then, and in that case, the same + shall revert to and revest in this Commonwealth_."[112] + +By accepting such grants, under such conditions, the Government of the +United States assented to their propriety, and the principle that holds +good in any one case is of course applicable to all others of the same +sort, whether expressly asserted in the act of cession or not. Indeed, +no express declaration would be necessary to establish a conclusion +resulting so directly from the nature of the case, and the settled +principles of sovereignty and eminent domain. + +A State withdrawing from the Union would necessarily assume the control +theretofore exercised by the General Government over all public defenses +and other public property within her limits. It would, however, be but +fair and proper that adequate compensation should be made to the other +members of the partnership, or their common agent, for the value of the +works and for any other advantage obtained by the one party, or loss +incurred by the other. Such equitable settlement, the seceding States of +the South, without exception, as I believe, were desirous to make, and +prompt to propose to the Federal authorities. + +On the secession of South Carolina, the condition of the defenses of +Charleston Harbor became a subject of anxiety with all parties. Of the +three forts in or at the entrance of the harbor, two were unoccupied, +but the third (Fort Moultrie) was held by a garrison of but little more +than one hundred men--of whom only sixty-three were said to be +effectives--under command of Major Robert Anderson, of the First +Artillery. + +About twelve days before the secession of South Carolina, the +representatives in Congress from that State had called on the President +to assure him, in anticipation of the secession of the State, that no +purpose was entertained by South Carolina to attack, or in any way +molest, the forts held by the United States in the harbor of +Charleston--at least until opportunity could be had for an amicable +settlement of all questions that might arise with regard to these forts +and other public property--provided that no reenforcements should be +sent, and the military _status_ should be permitted to remain unchanged. +The South Carolinians understood Mr. Buchanan as approving of this +suggestion, although declining to make any formal pledge. + +It appears, nevertheless, from subsequent developments, that both before +and after the secession of South Carolina preparations were secretly +made for reenforcing Major Anderson, in case it should be deemed +necessary by the Government at Washington.[113] On the 11th of December +instructions were communicated to him, from the War Department, of which +the following is the essential part: + + "You are carefully to avoid every act which would needlessly + tend to provoke aggression; and for that reason you are not, + without evident and imminent necessity, to take up any position + which could be construed into the assumption of a hostile + attitude, but you are to hold possession of the forts in this + harbor, and, if attacked, you are to defend yourself to the last + extremity. The smallness of your force will not permit you, + perhaps, to occupy more than one of the three forts, but an + attack on, or attempt to take possession of either of them, will + be regarded as an act of hostility, and you may then put your + command into either of them which you may deem most proper to + increase its power of resistance. You are also authorized to + take similar defensive steps, whenever you have tangible + evidence of a design to proceed to a hostile act."[114] + +These instructions were afterward modified--as we are informed by Mr. +Buchanan--so as, instead of requiring him to defend himself "to the last +extremity," to direct him to do so as long as any reasonable hope +remained of saving the fort.[115] + +Immediately after the secession of the State, the Convention of South +Carolina deputed three distinguished citizens of that State--Messrs. +Robert W. Barnwell, James H. Adams, and James L. Orr--to proceed to +Washington, "to treat with the Government of the United States for the +delivery of the forts, magazines, lighthouses, and other real estate, +with their appurtenances, within the limits of South Carolina, and also +for an apportionment of the public debt, and for a division of all other +property held by the Government of the United States, as agent of the +confederated States, of which South Carolina was recently a member; and +generally to negotiate as to all other measures and arrangements proper +to be made and adopted in the existing relation of the parties, and for +the continuance of peace and amity between this Commonwealth and the +Government at Washington." + +The Commissioners, in the discharge of the duty intrusted to them, +arrived in Washington on the 26th of December. Before they could +communicate with the President, however--indeed, on the morning after +their arrival--they were startled, and the whole country electrified, by +the news that, during the previous night, Major Anderson had "secretly +dismantled Fort Moultrie,"[116] spiked his guns, burned his +gun-carriages, and removed his command to Fort Sumter, which occupied a +more commanding position in the harbor. This movement changed the whole +aspect of affairs. It was considered by the Government and people of +South Carolina as a violation of the implied pledge of a maintenance of +the _status quo_; the remaining forts and other public property were at +once taken possession of by the State; and the condition of public +feeling became greatly exacerbated. An interview between the President +and the Commissioners was followed by a sharp correspondence, which was +terminated on the 1st of January, 1861, by the return to the +Commissioners of their final communication, with an endorsement stating +that it was of such a character that the President declined to receive +it. The negotiations were thus abruptly broken off. This correspondence +may be found in the Appendix.[117] + +In the mean time, Mr. Cass, Secretary of State, had resigned his +position early in December, on the ground of the refusal of the +President to send reenforcements to Charleston. On the occupation of +Fort Sumter by Major Anderson, Mr. Floyd, Secretary of War, taking the +ground that it was virtually a violation of a pledge given or implied by +the Government, had asked that the garrison should be entirely withdrawn +from the harbor of Charleston, and, on the refusal of the President to +consent to this, had tendered his resignation, which was promptly +accepted.[118] + +This is believed to be a correct outline of the earlier facts with +regard to the Charleston forts, and in giving it I have done so, as far +as possible, without prejudice, or any expression of opinion upon the +motives of the actors. + +The kind relations, both personal and political, which had long existed +between Mr. Buchanan and myself, had led him, occasionally, during his +presidency, to send for me to confer with him on subjects that caused +him anxiety, and warranted me in sometimes calling upon him to offer my +opinion on matters of special interest or importance. Thus it was that I +had communicated with him freely in regard to the threatening aspect of +events in the earlier part of the winter of 1860-'61. When he told me of +the work that had been done, or was doing, at Fort Moultrie--that is, +the elevation of its parapet by crowning it with barrels of sand--I +pointed out to him the impolicy as well as inefficiency of the measure. +It seemed to me impolitic to make ostensible preparations for defense, +when no attack was threatened; and the means adopted were inefficient, +because any ordinary field-piece would knock the barrels off the +parapet, and thus to render them only hurtful to the defenders. He +inquired whether the expedient had not been successful at Fort Brown, on +the Rio Grande, in the beginning of the Mexican war, and was answered +that the attack on Fort Brown had been made with small-arms, or at great +distance. + +After the removal of the garrison to the stronger and safer position of +Fort Sumter, I called upon him again to represent, from my knowledge of +the people and the circumstances of the case, how productive the +movement would be of discontent, and how likely to lead to collision. +One of the vexed questions of the day was, by what authority the +collector of the port should be appointed, and the rumor was, that +instructions had been given to the commanding officer at Fort Sumter not +to allow vessels to pass, unless under clearance from the United States +collector. It was easy to understand that, if a vessel were fired upon +under such circumstances, it would be accepted as the beginning of +hostilities--a result which both he and I desired to avert, as the +greatest calamity that could be foreseen or imagined. My opinion was, +that the wisest and best course would be to withdraw the garrison +altogether from the harbor of Charleston. + +The President's objection to this was, that it was his bounden duty to +preserve and protect the property of the United States. To this I +replied, with all the earnestness the occasion demanded, that I would +pledge my life that, if an inventory were taken of all the stores and +munitions in the fort, and an ordnance-sergeant with a few men left in +charge of them, they would not be disturbed. As a further guarantee, I +offered to obtain from the Governor of South Carolina full assurance +that, in case any marauders or lawless combination of persons should +attempt to seize or disturb the property, he would send from the citadel +of Charleston an adequate guard to protect it and to secure its keepers +against molestation. + +The President promised me to reflect upon this proposition, and to +confer with his Cabinet upon the propriety of adopting it. All Cabinet +consultations are secret; which is equivalent to saying that I never +knew what occurred in that meeting to which my proposition was +submitted. The result was not communicated to me, but the events which +followed proved that the suggestion was not accepted. + +Major Anderson, who commanded the garrison, had many ties and +associations that bound him to the South. He performed his part like the +true soldier and man of the finest sense of honor that he was; but that +it was most painful to him to be charged with the duty of holding the +fort as a threat to the people of Charleston is a fact known to many +others as well as to myself. We had been cadets together. He was my +first acquaintance in that corps, and the friendship then formed was +never interrupted. We had served together in the summer and autumn of +1860, in a commission of inquiry into the discipline, course of studies, +and general condition of the United States Military Academy. At the +close of our labors the commission had adjourned, to meet again in +Washington about the end of the ensuing November, to examine the report +and revise it for transmission to Congress. Major Anderson's duties in +Charleston Harbor hindered him from attending this adjourned meeting of +the commission, and he wrote to me, its chairman, to explain the cause +of his absence. That letter was lost when my library and private papers +were "captured" from my home in Mississippi. If any one has preserved it +as a trophy of war, its publication would show how bright was the honor, +how broad the patriotism of Major Anderson, and how fully he sympathized +with me as to the evils which then lowered over the country. + +In comparing the past and the present among the mighty changes which +passion and sectional hostility have wrought, one is profoundly and +painfully impressed by the extent to which public opinion has drifted +from the landmarks set up by the sages and patriots who formed the +constitutional Union, and observed by those who administered its +government down to the time when war between the States was inaugurated. +Mr. Buchanan, the last President of the old school, would as soon have +thought of aiding in the establishment of a monarchy among us as of +accepting the doctrine of coercing the States into submission to the +will of a majority, in mass, of the people of the United States. When +discussing the question of withdrawing the troops from the port of +Charleston, he yielded a ready assent to the proposition that the +cession of a site for a fort, for purposes of public defense, lapses, +whenever that fort should be employed by the grantee against the State +by which the cession was made, on the familiar principle that any grant +for a specific purpose expires when it ceases to be used for that +purpose. Whether on this or any other ground, if the garrison of Fort +Sumter had been withdrawn in accordance with the spirit of the +Constitution of the United States, from which the power to apply +coercion to a State was deliberately and designedly excluded, and if +this had been distinctly assigned as a reason for its withdrawal, the +honor of the United States Government would have been maintained intact, +and nothing could have operated more powerfully to quiet the +apprehensions and allay the resentment of the people of South Carolina. +The influence which such a measure would have exerted upon the States +which had not yet seceded, but were then contemplating the adoption of +that extreme remedy, would probably have induced further delay; and the +mellowing effect of time, with a realization of the dangers to be +incurred, might have wrought mutual forbearance--if, indeed, anything +could have checked the madness then prevailing among the people of the +Northern States in their thirst for power and forgetfulness of the +duties of federation. + +It would have been easy to concede this point. The little garrison of +Fort Sumter served only as a menace; for it was utterly incapable of +holding the fort if attacked, and the poor attempt soon afterward made +to reenforce and provision it, by such a vessel as the Star of the West, +might by the uncharitable be readily construed as a scheme to provoke +hostilities. Yet, from my knowledge of Mr. Buchanan, I do not hesitate +to say that he had no such wish or purpose. His abiding hope was to +avert a collision, or at least to postpone it to a period beyond the +close of his official term. The management of the whole affair was what +Talleyrand describes as something worse than a crime--a blunder. +Whatever treatment the case demanded, should have been prompt; to wait +was fatuity. + +The ill-advised attempt secretly to throw reenforcements and provisions +into Fort Sumter, by means of the steamer Star of the West, resulted in +the repulsion of that vessel at the mouth of the harbor, by the +authorities of South Carolina, on the morning of the 9th of January. On +her refusal to heave-to, she was fired upon, and put back to sea, with +her recruits and supplies. A telegraphic account of this event was +handed me, a few hours afterward, when stepping into my carriage to go +to the Senate-chamber. Although I had then, for some time, ceased to +visit the President, yet, under the impulse of this renewed note of +danger to the country, I drove immediately to the Executive mansion, and +for the last time appealed to him to take such prompt measures as were +evidently necessary to avert the impending calamity. The result was even +more unsatisfactory than that of former efforts had been. + +On the same day the special message of the President on the state of the +Union, dated the day previous (8th of January), was submitted to +Congress. This message was accompanied by the _first_ letter of the +South Carolina Commissioners to the President, with his answer, but of +course _not_ by their rejoinder, which he had declined to receive. Mr. +Buchanan, in his memoirs, complains that, immediately after the reading +of his message, this rejoinder (which he terms an "insulting letter") +was presented by me to the Senate, and by that body received and entered +upon its journal.[119] The simple truth is, that, regarding it as +essential to a complete understanding of the transaction, and its +publication as a mere act of justice to the Commissioners, I presented +and had it read in the Senate. But its appearance upon the journal as +part of the proceedings, instead of being merely a document introduced +as part of my remarks, was the result of a discourteous objection, made +by a so-called "Republican" Senator, to the reading of the document by +the Clerk of the Senate at my request. This will be made manifest by an +examination of the debate and proceedings which ensued.[120] The +discourtesy recoiled upon its author and supporters, and gave the letter +a vantage-ground in respect of prominence which I could not have +foreseen or expected. + +The next day (January 10th) the speech was delivered, the greater part +of which may be found in the Appendix[121]--the last that I ever made in +the Senate of the United States, except in taking leave, and by the +sentiments of which I am content that my career, both before and since, +should be judged. + +The history of Fort Sumter during the remaining period, until the +organization of the Confederate Government, may be found in the +correspondence given in the Appendix.[122] From this it will be seen +that the authorities of South Carolina still continued to refrain from +any act of aggression or retaliation, under the provocation of the +secret attempt to reenforce the garrison, as they had previously under +that of its nocturnal transfer from one fort to another. + +Another Commissioner (the Hon. I. W. Hayne) was sent to Washington by +the Governor of South Carolina, to effect, if possible, an amicable and +peaceful transfer of the fort, and settlement of all questions relating +to property. This Commissioner remained for nearly a month, endeavoring +to accomplish the objects of his mission, but was met only by evasive +and unsatisfactory answers, and eventually returned without having +effected anything. + +There is one passage in the last letter of Colonel Hayne to the +President which presents the case of the occupancy of Fort Sumter by the +United States troops so clearly and forcibly that it may be proper to +quote it. He writes as follows: + + "You say that the fort was garrisoned for our protection, and is + held for the same purposes for which it has been ever held since + its construction. Are you not aware, that to hold, in the + territory of a foreign power, a fortress against her will, + avowedly for the purpose of protecting her citizens, is perhaps + the highest insult which one government can offer to another? + But Fort Sumter was never garrisoned at all until South Carolina + had dissolved her connection with your Government. This garrison + entered it in the night, with every circumstance of secrecy, + after spiking the guns and burning the gun-carriages and cutting + down the flag-staff of an adjacent fort, which was then + abandoned. South Carolina had not taken Fort Sumter into her own + possession, only because of her misplaced confidence in a + Government which deceived her." + +Thus, during the remainder of Mr. Buchanan's Administration, matters +went rapidly from bad to worse. The old statesman, who, with all his +defects, had long possessed, and was entitled still to retain, the +confidence due to extensive political knowledge and love of his country +in all its parts--who had, in his earlier career, looked steadily to the +Constitution, as the mariner looks to the compass, for guidance--retired +to private life at the expiration of his term of office, having effected +nothing to allay the storm which had been steadily gathering during his +administration. + +Timid vacillation was then succeeded by unscrupulous cunning; and, for +futile efforts, without hostile collision, to impose a claim of +authority upon people who repudiated it, were substituted measures which +could be sustained only by force. + + +[Footnote 111: "Revised Statutes of Massachusetts," 1836, p. 56.] + +[Footnote 112: See "Revised Statutes of Virginia."] + +[Footnote 113: "Buchanan's Administration," chap. ix, p. 165, and chap. +xi, pp. 212-214.] + +[Footnote 114: "Buchanan's Administration," chap. ix, p. 166.] + +[Footnote 115: Ibid.] + +[Footnote 116: Ibid., chap. x, p. 180.] + +[Footnote 117: See Appendix G.] + +[Footnote 118: "Buchanan's Administration," chap. x, pp. 187, 188.] + +[Footnote 119: "Buchanan's Administration," chap. x, p. 184.] + +[Footnote 120: See "Congressional Globe," second session, Thirty-fifth +Congress, Part I, p. 284, _et seq._] + +[Footnote 121: See Appendix I.] + +[Footnote 122: Ibid.] + + + + +CHAPTER III. + + Secession of Mississippi and Other States.--Withdrawal of + Senators.--Address of the Author on taking Leave of the + Senate.--Answer to Certain Objections. + + +Mississippi was the second State to withdraw from the Union, her +ordinance of secession being adopted on the 9th of January, 1861. She +was quickly followed by Florida on the 10th, Alabama on the 11th, and, +in the course of the same month, by Georgia on the 18th, and Louisiana +on the 26th. The Conventions of these States (together with that of +South Carolina) agreed in designating Montgomery, Alabama, as the place, +and the 4th of February as the day, for the assembling of a congress of +the seceding States, to which each State Convention, acting as the +direct representative of the sovereignty of the people thereof, +appointed delegates. + +Telegraphic intelligence of the secession of Mississippi had reached +Washington some considerable time before the fact was officially +communicated to me. This official knowledge I considered it proper to +await before taking formal leave of the Senate. My associates from +Alabama and Florida concurred in this view. Accordingly, having received +notification of the secession of these three States about the same time, +on the 21st of January Messrs. Yulee and Mallory, of Florida, +Fitzpatrick and Clay, of Alabama, and myself, announced the withdrawal +of the States from which we were respectively accredited, and took leave +of the Senate at the same time. + +In the action which she then took, Mississippi certainly had no purpose +to levy war against the United States, or any of them. As her Senator, I +endeavored plainly to state her position in the annexed remarks +addressed to the Senate in taking leave of the body: + + "I rise, Mr. President, for the purpose of announcing to the + Senate that I have satisfactory evidence that the State of + Mississippi, by a solemn ordinance of her people, in convention + assembled, has declared her separation from the United States. + Under these circumstances, of course, my functions are + terminated here. It has seemed to me proper, however, that I + should appear in the Senate to announce that fact to my + associates, and I will say but very little more. The occasion + does not invite me to go into argument; and my physical + condition would not permit me to do so, if it were otherwise; + and yet it seems to become me to say something on the part of + the State I here represent on an occasion so solemn as this. + + "It is known to Senators who have served with me here that I + have for many years advocated, as an essential attribute of + State sovereignty, the right of a State to secede from the + Union. Therefore, if I had not believed there was justifiable + cause, if I had thought that Mississippi was acting without + sufficient provocation, or without an existing necessity, I + should still, under my theory of the Government, because of my + allegiance to the State of which I am a citizen, have been bound + by her action. I, however, may be permitted to say that I do + think she has justifiable cause, and I approve of her act. I + conferred with her people before that act was taken, counseled + them then that, if the state of things which they apprehended + should exist when their Convention met, they should take the + action which they have now adopted. + + "I hope none who hear me will confound this expression of mine + with the advocacy of the right of a State to remain in the + Union, and to disregard its constitutional obligations by the + nullification of the law. Such is not my theory. Nullification + and secession, so often confounded, are, indeed, antagonistic + principles. Nullification is a remedy which it is sought to + apply within the Union, and against the agent of the States. It + is only to be justified when the agent has violated his + constitutional obligations, and a State, assuming to judge for + itself, denies the right of the agent thus to act, and appeals + to the other States of the Union for a decision; but, when the + States themselves and when the people of the States have so + acted as to convince us that they will not regard our + constitutional rights, then, and then for the first time, arises + the doctrine of secession in its practical application. + + "A great man who now reposes with his fathers, and who has often + been arraigned for a want of fealty to the Union, advocated the + doctrine of nullification because it preserved the Union. It was + because of his deep-seated attachment to the Union--his + determination to find some remedy for existing ills short of a + severance of the ties which bound South Carolina to the other + States--that Mr. Calhoun advocated the doctrine of + nullification, which he proclaimed to be peaceful, to be within + the limits of State power, not to disturb the Union, but only to + be a means of bringing the agent before the tribunal of the + States for their judgment. + + "Secession belongs to a different class of remedies. It is to be + justified upon the basis that the States are sovereign. There + was a time when none denied it. I hope the time may come again + when a better comprehension of the theory of our Government, and + the inalienable rights of the people of the States, will prevent + any one from denying that each State is a sovereign, and thus + may reclaim the grants which it has made to any agent + whomsoever. + + "I, therefore, say I concur in the action of the people of + Mississippi, believing it to be necessary and proper, and should + have been bound by their action if my belief had been otherwise; + and this brings me to the important point which I wish, on this + last occasion, to present to the Senate. It is by this + confounding of nullification and secession that the name of a + great man whose ashes now mingle with his mother earth has been + evoked to justify coercion against a seceded State. The phrase, + 'to execute the laws,' was an expression which General Jackson + applied to the case of a State refusing to obey the laws while + yet a member of the Union. That is not the case which is now + presented. The laws are to be executed over the United States, + and upon the people of the United States. They have no relation + to any foreign country. It is a perversion of terms--at least, + it is a great misapprehension of the case--which cites that + expression for application to a State which has withdrawn from + the Union. You may make war on a foreign state. If it be the + purpose of gentlemen, they may make war against a State which + has withdrawn from the Union; but there are no laws of the + United States to be executed within the limits of a seceded + State. A State, finding herself in the condition in which + Mississippi has judged she is--in which her safety requires that + she should provide for the maintenance of her rights out of the + Union--surrenders all the benefits (and they are known to be + many), deprives herself of the advantages (and they are known to + be great), severs all the ties of affection (and they are close + and enduring), which have bound her to the Union; and thus + divesting herself of every benefit--taking upon herself every + burden--she claims to be exempt from any power to execute the + laws of the United States within her limits. + + "I well remember an occasion when Massachusetts was arraigned + before the bar of the Senate, and when the doctrine of coercion + was rife, and to be applied against her, because of the rescue + of a fugitive slave in Boston. My opinion then was the same that + it is now. Not in a spirit of egotism, but to show that I am not + influenced in my opinions because the case is my own, I refer to + that time and that occasion as containing the opinion which I + then entertained, and on which my present conduct is based. I + then said that if Massachusetts--following her purpose through a + stated line of conduct--chose to take the last step, which + separates her from the Union, it is her right to go, and I will + neither vote one dollar nor one man to coerce her back; but I + will say to her, Godspeed, in memory of the kind associations + which once existed between her and the other States. + + "It has been a conviction of pressing necessity--it has been a + belief that we are to be deprived in the Union of the rights + which our fathers bequeathed to us--which has brought + Mississippi to her present decision. She has heard proclaimed + the theory that all men are created free and equal, and this + made the basis of an attack upon her social institutions; and + the sacred Declaration of Independence has been invoked to + maintain the position of the equality of the races. That + Declaration of Independence is to be construed by the + circumstances and purposes for which it was made. The + communities were declaring their independence; the people of + those communities were asserting that no man was born--to use + the language of Mr. Jefferson--booted and spurred, to ride over + the rest of mankind; that men were created equal--meaning the + men of the political community; that there was no divine right + to rule; that no man inherited the right to govern; that there + were no classes by which power and place descended to families; + but that all stations were equally within the grasp of each + member of the body politic. These were the great principles they + announced; these were the purposes for which they made their + declaration; these were the ends to which their enunciation was + directed. They have no reference to the slave; else, how + happened it that among the items of arraignment against George + III was that he endeavored to do just what the North has been + endeavoring of late to do, to stir up insurrection among our + slaves? Had the Declaration announced that the negroes were free + and equal, how was the prince to be arraigned for raising up + insurrection among them? And how was this to be enumerated among + the high crimes which caused the colonies to sever their + connection with the mother-country? When our Constitution was + formed, the same idea was rendered more palpable; for there we + find provision made for that very class of persons as property; + they were not put upon the footing of equality with white + men--not even upon that of paupers and convicts; but, so far as + representation was concerned, were discriminated against as a + lower caste, only to be represented in the numerical proportion + of three fifths. So stands the compact which binds us together. + + "Then, Senators, we recur to the principles upon which our + Government was founded; and when you deny them, and when you + deny to us the right to withdraw from a Government which, thus + perverted, threatens to be destructive of our rights, we but + tread in the path of our fathers when we proclaim our + independence and take the hazard. This is done, not in hostility + to others, not to injure any section of the country, not even + for our own pecuniary benefit, but from the high and solemn + motive of defending and protecting the rights we inherited, and + which it is our duty to transmit unshorn to our children. + + "I find in myself perhaps a type of the general feeling of my + constituents toward yours. I am sure I feel no hostility toward + you, Senators from the North. I am sure there is not one of you, + whatever sharp discussion there may have been between us, to + whom I can not now say, in the presence of my God, I wish you + well; and such, I am sure, is the feeling of the people whom I + represent toward those whom you represent. I, therefore, feel + that I but express their desire when I say I hope, and they + hope, for peaceable relations with you, though we must part. + They may be mutually beneficial to us in the future, as they + have been in the past, if you so will it. The reverse may bring + disaster on every portion of the country, and, if you will have + it thus, we will invoke the God of our fathers, who delivered + them from the power of the lion, to protect us from the ravages + of the bear; and thus, putting our trust in God and in our firm + hearts and strong arms, we will vindicate the right as best we + may. + + "In the course of my service here, associated at different times + with a great variety of Senators, I see now around me some with + whom I have served long; there have been points of collision, + but, whatever of offense there has been to me, I leave here. I + carry with me no hostile remembrance. Whatever offense I have + given which has not been redressed, or for which satisfaction + has not been demanded, I have, Senators, in this hour of our + parting, to offer you my apology for any pain which, in the heat + of discussion, I have inflicted. I go hence unencumbered by the + remembrance of any injury received, and having discharged the + duty of making the only reparation in my power for any injury + offered. + + "Mr. President and Senators, having made the announcement which + the occasion seemed to me to require, it only remains for me to + bid you a final adieu." + +There are some who contend that we should have retained +our seats and "fought for our rights in the Union." Could +anything be less rational or less consistent than that a Senator, +an ambassador from his State, should insist upon representing +it in a confederacy from which the State has withdrawn? +What was meant by "fighting in the Union" I have never +quite understood. If it be to retain a seat in Congress for the +purpose of crippling the Government and rendering it unable to +perform its functions, I can certainly not appreciate the idea of +honor that sanctions the suggestion. Among the advantages +claimed for this proposition by its supporters was that of thwarting +the President in the appointment of his Cabinet and other +officers necessary for the administration of public affairs. +Would this have been to maintain the Union formed by the +States? Would such have been the Government which Washington +recommended as a remedy for the defects of the original +Confederation, the greatest of which was the paralysis of the +action of the general agent by the opposition or indifference of +the States? Sad as have been the consequences of the war +which followed secession--disastrous in its moral, material, and +political relations--still we have good cause to feel proud that +the course of the Southern States has left no blot nor stain upon +the honor and chivalry of their people. + + "And if our children must obey, + They must, but--thinking on our day-- + 'Twill less debase them to submit." + + + + +CHAPTER IV. + + Threats of Arrest.--Departure from Washington.--Indications of + Public Anxiety.--"Will there be war?"--Organization of the "Army + of Mississippi."--Lack of Preparations for Defense in the + South.--Evidences of the Good Faith and Peaceable Purposes of + the Southern People. + + +During the interval between the announcement by telegraph of the +secession of Mississippi and the receipt of the official notification +which enabled me to withdraw from the Senate, rumors were in circulation +of a purpose, on the part of the United States Government, to arrest +members of Congress preparing to leave Washington on account of the +secession of the States which they represented. This threat received +little attention from those most concerned. Indeed, it was thought that +it might not be an undesirable mode of testing the question of the right +of a State to withdraw from the Union. + +No attempt, however, was made to arrest any of the retiring members; +and, after a delay of a few days in necessary preparations, I left +Washington for Mississippi, passing through southwestern Virginia, East +Tennessee, a small part of Georgia, and north Alabama. A deep interest +in the events which had recently occurred was exhibited by the people of +these States, and much anxiety was indicated as to the future. Many +years of agitation had made them familiar with the idea of separation. +Nearly two generations had risen to manhood since it had begun to be +discussed as a possible alternative. Few, very few, of the Southern +people had ever regarded it as a desirable event, or otherwise than as a +last resort for escape from evils more intolerable. It was a calamity, +which, however threatened, they had still hoped might be averted, or +indefinitely postponed, and they had regarded with contempt, rather than +anger, the ravings of a party in the North, which denounced the +Constitution and the Union, and persistently defamed their brethren of +the South. + +Now, however, as well in Virginia and Tennessee, neither of which had +yet seceded, as in the more Southern States, which had already taken +that step, the danger so often prophesied was perceived to be at the +door, and eager inquiries were made as to what would happen +next--especially as to the probability of war between the States. + +The course which events were likely to take was shrouded in the greatest +uncertainty. In the minds of many there was the not unreasonable hope +(which had been expressed by the Commissioner sent from Mississippi to +Maryland) that the secession of six Southern States--certainly soon to +be followed by that of others--would so arouse the sober thought and +better feeling of the Northern people as to compel their representatives +to agree to a Convention of the States, and that such guarantees would +be given as would secure to the South the domestic tranquillity and +equality in the Union which were rights assured under the Federal +compact. There were others, and they the most numerous class, who +considered that the separation would be final, but peaceful. For my own +part, while believing that secession was a right, and properly a +peaceable remedy, I had never believed that it would be permitted to be +peaceably exercised. Very few in the South at that time agreed with me, +and my answers to queries on the subject were, therefore, as unexpected +as they were unwelcome. + +On my arrival at Jackson, the capital of Mississippi, I found that the +Convention of the State had made provision for a State army, and had +appointed me to the command, with the rank of major-general. Four +brigadier-generals, appointed in like manner by the Convention, were +awaiting my arrival for assignment to duty. After the preparation of the +necessary rules and regulations, the division of the State into +districts, the apportionment among them of the troops to be raised, and +the appointment of officers of the general staff, as authorized by the +ordinance of the Convention, such measures as were practicable were +taken to obtain the necessary arms. The State had few serviceable +weapons, and no establishment for their manufacture or repair. This fact +(which is true of other Southern States as of Mississippi) is a clear +proof of the absence of any desire or expectation of war. If the purpose +of the Northern States to make war upon us because of secession had been +foreseen, preparation to meet the consequences would have been +contemporaneous with the adoption of a resort to that remedy--a remedy +the possibility of which had for many years been contemplated. Had the +Southern States possessed arsenals, and collected in them the requisite +supplies of arms and munitions, such preparation would not only have +placed them more nearly on an equality with the North in the beginning +of the war, but might, perhaps, have been the best conservator of peace. + +Let us, the survivors, however, not fail to do credit to the generous +credulity which could not understand how, in violation of the compact of +Union, a war could be waged against the States, or why they should be +invaded because their people had deemed it necessary to withdraw from an +association which had failed to fulfill the ends for which they had +entered into it, and which, having been broken to their injury by the +other parties, had ceased to be binding upon them. It is a satisfaction +to know that the calamities which have befallen the Southern States were +the result of their credulous reliance on the power of the Constitution, +that, if it failed to protect their rights, it would at least suffice to +prevent an attempt at coercion, if, in the last resort, they peacefully +withdrew from the Union. + +When, in after times, the passions of the day shall have subsided, and +all the evidence shall have been collected and compared, the +philosophical inquirer, who asks why the majority of the stronger +section invaded the peaceful homes of their late associates, will be +answered by History: "The lust of empire impelled them to wage against +their weaker neighbors a war of subjugation." + + + + +CHAPTER V. + + Meeting of the Provisional Congress of the Confederate + States.--Adoption of a Provisional Constitution.--Election of + President and Vice-President.--Notification to the Author of his + Election.--His Views with Regard to it.--Journey to + Montgomery.--Interview with Judge Sharkey.--False Reports of + Speeches on the Way.--Inaugural Address.--Editor's Note. + + +The congress of delegates from the seceding States convened at +Montgomery, Alabama, according to appointment, on the 4th of February, +1861. Their first work was to prepare a provisional Constitution for the +new Confederacy, to be formed of the States which had withdrawn from the +Union, for which the style "Confederate States of America" was adopted. +The powers conferred upon them were adequate for the performance of this +duty, the immediate necessity for which was obvious and urgent. This +Constitution was adopted on the 8th of February, to continue in force +for one year, unless superseded at an earlier date by a permanent +organization. It is printed in an appendix, and for convenience of +reference the permanent Constitution, adopted several weeks afterward, +is exhibited in connection with it, and side by side with the +Constitution of the United States, after which it was modeled.[123] The +attention of the reader is invited to these documents and to a +comparison of them, although a more particular notice of the permanent +Constitution will be more appropriate hereafter. + +On the next day (9th of February) an election was held for the chief +executive offices, resulting, as I afterward learned, in my election to +the Presidency, with the Hon. Alexander H. Stephens, of Georgia, as +Vice-President. Mr. Stephens was a delegate from Georgia to the +congress. + +While these events were occurring, having completed the most urgent of +my duties at the capital of Mississippi, I had gone to my home, +Brierfield, in Warren County, and had begun, in the homely but +expressive language of Mr. Clay, "to repair my fences." While thus +engaged, notice was received of my election to the Presidency of the +Confederate States, with an urgent request to proceed immediately to +Montgomery for inauguration. + +As this had been suggested as a probable event, and what appeared to me +adequate precautions had been taken to prevent it, I was surprised, and, +still more, disappointed. For reasons which it is not now necessary to +state, I had not believed my self as well suited to the office as some +others. I thought myself better adapted to command in the field; and +Mississippi had given me the position which I preferred to any +other--the highest rank in her army. It was, therefore, that I afterward +said, in an address delivered in the Capitol, before the Legislature of +the State, with reference to my election to the Presidency of the +Confederacy, that the duty to which I was thus called was temporary, and +that I expected soon to be with the Army of Mississippi again. + +While on my way to Montgomery, and waiting in Jackson, Mississippi, for +the railroad train, I met the Hon. William L. Sharkey, who had filled +with great distinction the office of Chief-Justice of the State. He said +he was looking for me to make an inquiry. He desired to know if it was +true, as he had just learned, that I believed there _would_ be war. My +opinion was freely given, that there would be war, long and bloody, and +that it behooved every one to put his house in order. He expressed much +surprise, and said that he had not believed the report attributing this +opinion to me. He asked how I supposed war could result from the +peaceable withdrawal of a sovereign State. The answer was, that it was +not my opinion that war _should_ be occasioned by the exercise of that +right, but that it _would_ be. + +Judge Sharkey and I had not belonged to the same political party, he +being a Whig, but we fully agreed with regard to the question of the +sovereignty of the States. He had been an advocate of nullification--a +doctrine to which I had never assented, and which had at one time been +the main issue in Mississippi politics. He had presided over the +well-remembered Nashville Convention in 1849, and had possessed much +influence in the State, not only as an eminent jurist, but as a citizen +who had grown up with it, and held many offices of honor and trust. + +On my way to Montgomery, brief addresses were made at various places, at +which there were temporary stoppages of the trains, in response to calls +from the crowds assembled at such points. Some of these addresses were +grossly misrepresented in sensational reports made by irresponsible +persons, which were published in Northern newspapers, and were not +considered worthy of correction under the pressure of the momentous +duties then devolving upon me. These false reports, which represented me +as invoking war and threatening devastation of the North, have since +been adopted by partisan writers as authentic history. It is a +sufficient answer to these accusations to refer to my farewell address +to the Senate, already given, as reported for the press at the time, +and, in connection therewith, to my inaugural address at Montgomery, on +assuming the office of President of the Confederate States, on the 18th +of February. These two addresses, delivered at an interval of a month, +during which no material change of circumstances had occurred, being one +before and the other after the date of the sensational reports referred +to, are sufficient to stamp them as utterly untrue. The inaugural was +deliberately prepared, and uttered as written, and, in connection with +the farewell speech to the Senate, presents a clear and authentic +statement of the principles and purposes which actuated me on assuming +the duties of the high office to which I had been called. + + INAUGURAL ADDRESS. + + "_Gentlemen of the Congress of the Confederate States of + America, Friends, and Fellow-Citizens:_ + + "Called to the difficult and responsible station of Chief + Magistrate of the Provisional Government which you have + instituted, I approach the discharge of the duties assigned to + me with humble distrust of my abilities, but with a sustaining + confidence in the wisdom of those who are to guide and aid me in + the administration of public affairs, and an abiding faith in + the virtue and patriotism of the people. Looking forward to the + speedy establishment of a permanent government to take the place + of this, which by its greater moral and physical power will be + better able to combat with many difficulties that arise from the + conflicting interests of separate nations, I enter upon the + duties of the office to which I have been chosen with the hope + that the beginning of our career, as a Confederacy, may not be + obstructed by hostile opposition to our enjoyment of the + separate existence and independence we have asserted, and which, + with the blessing of Providence, we intend to maintain. + + "Our present political position has been achieved in a manner + unprecedented in the history of nations. It illustrates the + American idea that governments rest on the consent of the + governed, and that it is the right of the people to alter or + abolish them at will whenever they become destructive of the + ends for which they were established. The declared purpose of + the compact of the Union from which we have withdrawn was to + 'establish justice, insure domestic tranquillity, provide for + the common defense, promote the general welfare, and secure the + blessings of liberty to ourselves and our posterity'; and when, + in the judgment of the sovereign States composing this + Confederacy, it has been perverted from the purposes for which + it was ordained, and ceased to answer the ends for which it was + established, a peaceful appeal to the ballot-box declared that, + so far as they are concerned, the Government created by that + compact should cease to exist. In this they merely asserted the + right which the Declaration of Independence of July 4, 1776, + defined to be 'inalienable.' Of the time and occasion of its + exercise they as sovereigns were the final judges, each for + itself. The impartial and enlightened verdict of mankind will + vindicate the rectitude of our conduct; and He who knows the + hearts of men will judge of the sincerity with which we have + labored to preserve the Government of our fathers in its spirit. + + "The right solemnly proclaimed at the birth of the United + States, and which has been solemnly affirmed and reaffirmed in + the Bills of Rights of the States subsequently admitted into the + Union of 1789, undeniably recognizes in the people the power to + resume the authority delegated for the purposes of government. + Thus the sovereign States here represented have proceeded to + form this Confederacy; and it is by abuse of language that their + act has been denominated a revolution. They formed a new + alliance, but within each State its government has remained; so + that the rights of person and property have not been disturbed. + The agent through which they communicated with foreign nations + is changed, but this does not necessarily interrupt their + international relations. Sustained by the consciousness that the + transition from the former Union to the present Confederacy has + not proceeded from a disregard on our part of just obligations, + or any failure to perform every constitutional duty, moved by no + interest or passion to invade the rights of others, anxious to + cultivate peace and commerce with all nations, if we may not + hope to avoid war, we may at least expect that posterity will + acquit us of having needlessly engaged in it. Doubly justified + by the absence of wrong on our part, and by wanton aggression on + the part of others, there can be no cause to doubt that the + courage and patriotism of the people of the Confederate States + will be found equal to any measure of defense which their honor + and security may require. + + "An agricultural people, whose chief interest is the export of + commodities required in every manufacturing country, our true + policy is peace, and the freest trade which our necessities will + permit. It is alike our interest and that of all those to whom + we would sell, and from whom we would buy, that there should be + the fewest practicable restrictions upon the interchange of + these commodities. There can, however, be but little rivalry + between ours and any manufacturing or navigating community, such + as the Northeastern States of the American Union. It must + follow, therefore, that mutual interest will invite to good-will + and kind offices on both parts. If, however, passion or lust of + dominion should cloud the judgment or inflame the ambition of + those States, we must prepare to meet the emergency and + maintain, by the final arbitrament of the sword, the position + which we have assumed among the nations of the earth. + + "We have entered upon the career of independence, and it must be + inflexibly pursued. Through many years of controversy with our + late associates of the Northern States, we have vainly + endeavored to secure tranquillity and obtain respect for the + rights to which we were entitled. As a necessity, not a choice, + we have resorted to the remedy of separation, and henceforth our + energies must be directed to the conduct of our own affairs, and + the perpetuity of the Confederacy which we have formed. If a + just perception of mutual interest shall permit us peaceably to + pursue our separate political career, my most earnest desire + will have been fulfilled. But if this be denied to us, and the + integrity of our territory and jurisdiction be assailed, it will + but remain for us with firm resolve to appeal to arms and invoke + the blessing of Providence on a just cause. + + "As a consequence of our new condition and relations, and with a + view to meet anticipated wants, it will be necessary to provide + for the speedy and efficient organization of branches of the + Executive department having special charge of foreign + intercourse, finance, military affairs, and the postal service. + For purposes of defense, the Confederate States may, under + ordinary circumstances, rely mainly upon the militia; but it is + deemed advisable, in the present condition of affairs, that + there should be a well-instructed and disciplined army, more + numerous than would usually be required on a peace + establishment. I also suggest that, for the protection of our + harbors and commerce on the high seas, a navy adapted to those + objects will be required. But this, as well as other subjects + appropriate to our necessities, have doubtless engaged the + attention of Congress. + + "With a Constitution differing only from that of our fathers in + so far as it is explanatory of their well-known intent, freed + from sectional conflicts, which have interfered with the pursuit + of the general welfare, it is not unreasonable to expect that + States from which we have recently parted may seek to unite + their fortunes to ours under the Government which we have + instituted. For this your Constitution makes adequate provision; + but beyond this, if I mistake not the judgment and will of the + people, a reunion with the States from which we have separated + is neither practicable nor desirable. To increase the power, + develop the resources, and promote the happiness of the + Confederacy, it is requisite that there should be so much of + homogeneity that the welfare of every portion shall be the aim + of the whole. When this does not exist, antagonisms are + engendered which must and should result in separation. + + "Actuated solely by the desire to preserve our own rights, and + promote our own welfare, the separation by the Confederate + States has been marked by no aggression upon others, and + followed by no domestic convulsion. Our industrial pursuits have + received no check, the cultivation of our fields has progressed + as heretofore, and, even should we be involved in war, there + would be no considerable diminution in the production of the + staples which have constituted our exports, and in which the + commercial world has an interest scarcely less than our own. + This common interest of the producer and consumer can only be + interrupted by exterior force which would obstruct the + transmission of our staples to foreign markets--a course of + conduct which would be as unjust, as it would be detrimental, to + manufacturing and commercial interests abroad. + + "Should reason guide the action of the Government from which we + have separated, a policy so detrimental to the civilized world, + the Northern States included, could not be dictated by even the + strongest desire to inflict injury upon us; but, if the contrary + should prove true, a terrible responsibility will rest upon it, + and the suffering of millions will bear testimony to the folly + and wickedness of our aggressors. In the mean time there will + remain to us, besides the ordinary means before suggested, the + well known resources for retaliation upon the commerce of an + enemy. + + "Experience in public stations, of subordinate grade to this + which your kindness has conferred, has taught me that toil and + care and disappointment are the price of official elevation. You + will see many errors to forgive, many deficiencies to tolerate; + but you shall not find in me either want of zeal or fidelity to + the cause that is to me the highest in hope, and of most + enduring affection. Your generosity has bestowed upon me an + undeserved distinction, one which I neither sought nor desired. + Upon the continuance of that sentiment, and upon your wisdom and + patriotism, I rely to direct and support me in the performance + of the duties required at my hands. + + "We have changed the constituent parts, but not the system of + government. The Constitution framed by our fathers is that of + these Confederate States. In their exposition of it, and in the + judicial construction it has received, we have a light which + reveals its true meaning. + + "Thus instructed as to the true meaning and just interpretation + of that instrument, and ever remembering that all offices are + but trusts held for the people, and that powers delegated are to + be strictly construed, I will hope by due diligence in the + performance of my duties, though I may disappoint your + expectations, yet to retain, when retiring, something of the + good-will and confidence which welcome my entrance into office. + + "It is joyous in the midst of perilous times to look around upon + a people united in heart, where one purpose of high resolve + animates and actuates the whole; where the sacrifices to be made + are not weighed in the balance against honor and right and + liberty and equality. Obstacles may retard, but they can not + long prevent, the progress of a movement sanctified by its + justice and sustained by a virtuous people. Reverently let us + invoke the God of our Fathers to guide and protect us in our + efforts to perpetuate the principles which by his blessing they + were able to vindicate, establish, and transmit to their + posterity. With the continuance of his favor ever gratefully + acknowledged, we may hopefully look forward to success, to + peace, and to prosperity." + +Note, _relative to the Election of President of the Confederate States +under the Provisional Constitution, and some Other Subjects referred to +in the Foregoing Chapters._ + +Statements having been made, seeming to imply that I was a candidate +"for the Presidency of the Confederate States; that my election was the +result of a misunderstanding, or of accidental complications"; and also +that I held "extreme views," and entertained at that period an +inadequate conception of the magnitude of the war probably to be waged, +information on the subject has been contributed by several distinguished +members of the Provisional Congress, who still survive. From a number of +their letters which have been published, the annexed extracts are given, +parts being omitted which refer to matters not of historical interest. + +From a communication of the Hon. Alexander M. Clayton, of Mississippi, +to the Memphis "Appeal" of June 21, 1870: + + "... I was at the time a member of the Provisional Congress from + Mississippi. Believing that Mr. Davis was the choice of the + South for the position of President, before repairing to + Montgomery I addressed him a letter to ascertain if he would + accept it. He replied that it was not the place he desired; + that, if he could have his choice, he would greatly prefer to be + in active service as commander-in-chief of the army, but that he + would give himself to the cause in any capacity whatever. That + was the only letter of which I have any knowledge that he wrote + on the subject, and that was shown to only a very few persons, + and only when I was asked if Mr. Davis would accept the + presidency.... + + "There was no electioneering, no management, on the part of any + one. Each voter was left to determine for himself in whose hands + the destinies of the infant Confederacy should be placed. By a + law as fixed as gravitation itself, and as little disturbed by + outside influences, the minds of members centered upon Mr. + Davis. + + "After a few days of anxious, intense labor, the Provisional + Constitution was framed, and it became necessary to give it + vitality by putting some one at the head of the new + Government.... + + "Without any effort on the part of the friends of either + [Messrs. Davis or Stephens], the election was made without the + slightest dissent. Of the accidental complications referred to, + I have not the least knowledge, and always thought that the + election of Mr. Davis arose from the spontaneous conviction of + his peculiar fitness. I have consulted no one on the subject, + and have appended my name only to avoid resting an important + fact upon anonymous authority. Very respectfully yours," + + (Signed) "Alexander M. Clayton." + +From the Hon. J. A. P. Campbell, of Mississippi, now a Justice of the +Supreme Court of that State: + + "... If there was a delegate from Mississippi, or any other + State, who was opposed to the election of Jefferson Davis as + President of the Confederate States, I never heard of the fact. + I had the idea that Mr. Davis did not desire to be President, + and preferred to be in the military service, but no other man + was spoken of for President within my hearing.... + + "It is within my personal knowledge that the statement of the + interview, that Mr. Davis did not have a just appreciation of + the serious character of the contest between the seceding States + and the Union, is wholly untrue. Mr. Davis, more than any man I + ever heard talk on the subject, had a correct apprehension of + the consequences of secession and of the magnitude of the war to + be waged to coerce the seceding States. While at Montgomery, he + expressed the belief that heavy fighting must occur, and that + Virginia was to be the chief battle-ground. Years prior to + secession, in his address before the Legislature and people of + Mississippi, Mr. Davis had earnestly advised extensive + preparation for the possible contingency of secession. + + "After the formation of the Confederate States, he was far in + advance of the Constitutional Convention and the Provisional + Congress, and, as I believe, of any man in it, in his views of + the gravity of the situation and the probable extent and + duration of the war, and of the provision which should be made + for the defense of the seceding States. Before secession, Mr. + Davis thought war would result from it; and, after secession, he + expressed the view that the war commenced would be an extensive + one. What he may have thought at a later day than the early part + of 1862, I do not know; but it is inconceivable that the + 'interview' can be correct as to that. + + "The idea that Mr. Davis was so 'extreme' in his views is a new + one. He was extremely conservative on the subject of secession. + + "The suggestion that Mississippi would have preferred General + Toombs or Mr. Cobb for President has no foundation in fact. My + opinion is, that no man could have obtained a single vote in the + Mississippi delegation against Mr. Davis, who was then, as he is + now, the most eminent and popular of all the citizens of + Mississippi.... Very respectfully," + + (Signed) "J. A. P. Campbell." + +From the Hon. Duncan F. Kenner, of Louisiana: + + "....My recollections of what transpired at the time are very + vivid and positive.... + + "Who should be President, was the absorbing question of the day. + It engaged the attention of all present, and elicited many + letters from our respective constituencies. The general + inclination was strongly in favor of Mr. Davis. In fact, no + other name was so prominently or so generally mentioned. The + name of Mr. Rhett, of South Carolina, was probably more + frequently mentioned than that of any other person, next to Mr. + Davis. + + "The rule adopted at our election was that each State should + have one vote, to be delivered in open session, _viva voce_, by + one of the delegates as spokesman for his colleagues. The + delegates of the different States met in secret session to + select their candidate and spokesman. + + "Of what occurred in these various meetings I can not speak + authoritatively as to other States, as their proceedings were + considered secret. I can speak positively, however, of what took + place at a meeting of the delegates from Louisiana. We, the + Louisiana delegates, without hesitation, and unanimously, after + a very short session, decided in favor of Mr. Davis. No other + name was mentioned; the claims of no one else were considered, + or even alluded to. There was not the slightest opposition to + Mr. Davis on the part of any of our delegation; certainly none + was expressed; all appeared enthusiastic in his favor, and, I + have no reason to doubt, felt so. Nor was the feeling induced by + any solicitation on the part of Mr. Davis or his friends. Mr. + Davis was not in or near Montgomery at the time. He was never + heard from on this subject, so far as I knew. He was never + announced as a candidate. We were seeking the best man to fill + the position, and the conviction at the time, in the minds of a + large majority of the delegates, that Mr. Davis was the best + qualified, from both his civil and military knowledge and + experience, induced many to look upon Mr. Davis as the best + selection that could be made. + + "This conviction, coupled with his well-recognized conservative + views--for in no sense did we consider Mr. Davis extreme, either + in his views or purposes--was the deciding consideration which + controlled the votes of the Louisiana delegation. Of this I have + not the least doubt. I remain, respectfully, very truly yours, + etc." + + (Signed) "Duncan F. Kenner." + +From the Hon. James Chesnut, of South Carolina: + + ".... Before leaving home I had made up my mind as to who was + the fittest man to be President, and who to be Vice-President; + Mr. Davis for the first, and Mr. Stephens for the second. And + this was known to all my friends as well as to my colleagues. + + "Mr. Davis, then conspicuous for ability, had long experience in + civil service, was reputed a most successful organizer and + administrator of the military department of the United States + when he was Secretary of War, and came out of the Mexican war + with much _eclat_ as a soldier. Possessing a combination of + these high and needful qualities, he was regarded by nearly the + whole South as the fittest man for the position. I certainly so + regarded him, and did not change my mind on the way to + Montgomery.... + + "Georgia was a great State--great in numbers, comparatively + great in wealth, and great in the intellectual gifts and + experiences of many of her sons. Conspicuous among them were + Stephens, Toombs, and Cobb. In view of these facts, it was + thought by all of us expedient--nay, more, positively right and + just--that Georgia should have a corresponding weight in the + counsels and conduct of the new Government. + + "Mr. Stephens was also a man of conceded ability, of high + character, conservative, devoted to the rights of the States, + and known to be a power in his own State; hence all eyes turned + to him to fill the second place. + + "Howell Cobb became President of the Convention, and General + Toombs Secretary of State. These two gifted Georgians were + called to these respective positions because of their + experience, ability, and ardent patriotism.... + + "Mr. Rhett was a very bold and frank man. So was Colonel Keitt; + and they, as always, avowed their opinions and acted upon them + with energy. Nevertheless, the vote of the delegation was cast + for Mr. Davis...." + + (Signed) "James Chesnut." + +From the Hon. W. Porcher Miles, of Virginia, formerly of South Carolina, +and a member of the Provisional Congress of 1861: + + "Oak Ridge, _January 27, 1880_. + + "....To the best of my recollection there was entire unanimity + in the South Carolina delegation at Montgomery on the subject of + the choice of a President. I think it very likely that Keitt, + from his warm personal friendship for Mr. Toombs, may at first + have preferred him. I have no recollections of Chesnut's + predilections. I think there was no question that Mr. Davis was + the choice of our delegation and of the whole people of South + Carolina.... I do not think Mr. Rhett ever attempted to + influence the course of his colleagues, either in this or in + matters generally before the Congress. Nor do I think his + personal influence in the delegation was as great as that of + some other members of it. If I were to select any one as having + a special influence with us, I would consider Mr. Robert + Barnwell as the one. His singularly pure and elevated character, + entire freedom from all personal ambition or desire for place or + position (he declined Mr. Davis's offer of a seat in the + Cabinet), as well as his long experience in public life and + admirably calm and well-balanced mind, all combined to make his + influence with his colleagues very great. But neither could he + be said 'to lead' the delegation. He had no desire, and never + made any attempt to do so. I think there was no delegation in + the Congress, the individual members of which were more + independent in coming to their own conclusions of what was right + and expedient to be done. There was always the frankest and + freest interchange of opinions among them, but every one + determined his own course for himself." + + +[Footnote 123: See Appendix K.] + + + + +CHAPTER VI. + + The Confederate Cabinet. + + +After being inaugurated, I proceeded to the formation of my Cabinet, +that is, the heads of the executive departments authorized by the laws +of the Provisional Congress. The unanimity existing among our people +made this a much easier and more agreeable task than where the rivalries +in the party of an executive have to be consulted and accommodated, +often at the expense of the highest capacity and fitness. Unencumbered +by any other consideration than the public welfare, having no friends to +reward or enemies to punish, it resulted that not one of those who +formed my first Cabinet had borne to me the relation of close personal +friendship, or had political claims upon me; indeed, with two of them I +had no previous acquaintance. + +It was my wish that the Hon. Robert W. Barnwell, of South Carolina, +should be Secretary of State. I had known him intimately during a trying +period of our joint service in the United States Senate, and he had won +alike my esteem and regard. Before making known to him my wish in this +connection, the delegation of South Carolina, of which he was a member, +had resolved to recommend one of their number to be Secretary of the +Treasury, and Mr. Barnwell, with characteristic delicacy, declined to +accept my offer to him. + +I had intended to offer the Treasury Department to Mr. Toombs, of +Georgia, whose knowledge on subjects of finance had particularly +attracted my notice when we served together in the United States Senate. +Mr. Barnwell having declined the State Department, and a colleague of +his, said to be peculiarly qualified for the Treasury Department, having +been recommended for it, Mr. Toombs was offered the State Department, +for which others believed him to be well qualified. + +Mr. Mallory, of Florida, had been chairman of the Committee on Naval +Affairs in the United States Senate, was extensively acquainted with the +officers of the navy, and for a landsman had much knowledge of nautical +affairs; therefore he was selected for Secretary of the Navy. + +Mr. Benjamin, of Louisiana, had a very high reputation as a lawyer, and +my acquaintance with him in the Senate had impressed me with the +lucidity of his intellect, his systematic habits and capacity for labor. +He was therefore invited to the post of Attorney-General. + +Mr. Reagan, of Texas, I had known for a sturdy, honest Representative in +the United States Congress, and his acquaintance with the territory +included in the Confederate States was both extensive and accurate. +These, together with his industry and ability to labor, indicated him as +peculiarly fit for the office of Postmaster-General. + +Mr. Memminger, of South Carolina, had a high reputation for knowledge of +finance. He bore an unimpeachable character for integrity and close +attention to duties, and, on the recommendation of the delegation from +South Carolina, he was appointed Secretary of the Treasury, and proved +himself entirely worthy of the trust. + +Mr. Walker, of Alabama, was a distinguished member of the bar of north +Alabama, and was eminent among the politicians of that section. He was +earnestly recommended by gentlemen intimately and favorably known to me, +and was therefore selected for the War Department. His was the only name +presented from Alabama. + +The executive departments having been organized, my attention was first +directed to preparation for military defense, for, though I, in common +with others, desired to have a peaceful separation, and sent +commissioners to the United States Government to effect, if possible, +negotiations to that end, I did not hold the common opinion that we +would be allowed to depart in peace, and therefore regarded it as an +imperative duty to make all possible preparation for the contingency of +war. + + + + +CHAPTER VII. + + Early Acts of the Confederate Congress.--Laws of the United + States continued in Force.--Officers of Customs and Revenue + continued in Office.--Commission to the United + States.--Navigation of the Mississippi.--Restrictions on the + Coasting-Trade removed.--Appointment of Commissioners to + Washington. + + +The legislation of the Confederate Congress furnishes the best evidence +of the temper and spirit which prevailed in the organization of the +Confederate Government. The very first enactment, made on the 9th of +February, 1861--the day after the adoption of the Provisional +Constitution--was this: + + "That all the laws of the United States of America in force and + in use in the Confederate States of America on the first day of + November last, and not inconsistent with the Constitution of the + Confederate States, be and the same are hereby continued in + force until altered or repealed by the Congress."[124] + +The next act, adopted on the 14th of February, was one continuing in +office until the 1st of April next ensuing all officers connected with +the collection of customs and the assistant treasurers intrusted with +the keeping of the moneys arising therefrom, who were engaged in the +performance of such duties within any of the Confederate States, with +the same powers and functions which they had been exercising under the +Government of the United States.[125] + +The Provisional Constitution itself, in the second section of its sixth +article, had ordained as follows: + + "The Government hereby instituted shall take immediate steps for + the settlement of all matters between the States forming it and + their other late confederates of the United States, in relation + to the public property and public debt at the time of their + withdrawal from them; these States hereby declaring it to be + their wish and earnest desire to adjust everything pertaining to + the common property, common liabilities, and common obligations + of that Union, upon the principles of right, justice, equity, + and good faith."[126] + +In accordance with this requirement of the Constitution, the Congress, +on the 15th of February--before my arrival at Montgomery--passed a +resolution declaring "that it is the sense of this Congress that a +commission of three persons be appointed by the President-elect, as +early as may be convenient after his inauguration, and sent to the +Government of the United States of America, for the purpose of +negotiating friendly relations between that Government and the +Confederate States of America, and for the settlement of all questions +of disagreement between the two Governments, upon principles of right, +justice, equity, and good faith."[127] + +Persistent and to a great extent successful efforts were made to inflame +the minds of the people of the Northwestern States by representing to +them that, in consequence of the separation of the States, they would +lose the free navigation of the Mississippi River. At that early period +in the life of the Confederacy, the intercourse between the North and +South had been so little interrupted, that the agitators, whose vocation +it was to deceive the masses of the people, could not, or should not, +have been ignorant that, as early as the 25th of February, 1861, an act +was passed by the Confederate Congress, and approved by the President, +"to declare and establish the free navigation of the Mississippi River." +That act began with the announcement that "the peaceful navigation of +the Mississippi River is hereby declared free to the citizens of any of +the States upon its borders, or upon the borders of its navigable +tributaries," and its provisions secure that freedom for "all ships, +boats, or vessels," with their cargoes, "without any duty or hindrance, +except light-money, pilotage, and other like charges."[128] + +By an act approved on the 26th of February, all laws which forbade the +employment in the coasting-trade of vessels not enrolled or licensed, +and all laws imposing discriminating duties on foreign vessels or goods +imported in them, were repealed.[129] These acts and all other +indications manifest the well-known wish of the people of the +Confederacy to preserve the peace and encourage the most unrestricted +commerce with all nations, surely not least with their late associates, +the Northern States. Thus far, the hope that peace might be maintained +was predominant; perhaps, the wish was father to the thought that there +would be no war between the States lately united. Indeed, all the laws +enacted during the first session of the Provisional Congress show how +consistent were the purposes and actions of its members with their +original avowal of a desire peacefully to separate from those with whom +they could not live in tranquillity, albeit the Government had been +established to promote the common welfare. Under this state of feeling +the Government of the Confederacy was instituted. + +My own views and inclinations, as has already been fully shown, were in +entire accord with the disposition manifested by the requirement of the +Provisional Constitution and the resolution of the Congress above +recited, for the appointment of a commission to negotiate friendly +relations with the United States and an equitable and peaceable +settlement of all questions which would necessarily arise under the new +relations of the States toward one another. Next to the organization of +a Cabinet, that of such a commission was accordingly one of the very +first objects of attention. Three discreet, well-informed, and +distinguished citizens were selected as said Commissioners, and +accredited to the President of the Northern States, Mr. Lincoln, to the +end that by negotiation all questions between the two Governments might +be so adjusted as to avoid war, and perpetuate the kind relations which +had been cemented by the common trials, sacrifices, and glories of the +people of all the States. If sectional hostility had been engendered by +dissimilarity of institutions, and by a mistaken idea of moral +responsibilities, and by irreconcilable creeds--if the family could no +longer live and grow harmoniously together--by patriarchal teaching +older than Christianity, it might have been learned that it was better +to part, to part peaceably, and to continue, from one to another, the +good offices of neighbors who by sacred memories were forbidden ever to +be foes. The nomination of the members of the commission was made on the +25th of February--within a week after my inauguration--and confirmed by +Congress on the same day. The Commissioners appointed were Messrs. A. B. +Roman, of Louisiana; Martin J. Crawford, of Georgia; and John Forsyth, +of Alabama. Mr. Roman was an honored citizen, and had been Governor of +his native State. Mr. Crawford had served with distinction in Congress +for several years. Mr. Forsyth was an influential journalist, and had +been Minister to Mexico under appointment of Mr. Pierce near the close +of his term, and continued so under that of Mr. Buchanan. These +gentlemen, moreover, represented the three great parties which had +ineffectually opposed the sectionalism of the so-called "Republicans." +Ex-Governor Roman had been a Whig in former years, and one of the +"Constitutional Union," or Bell-and-Everett, party in the canvass of +1860. Mr. Crawford, as a State-rights Democrat, had supported Mr. +Breckinridge; and Mr. Forsyth had been a zealous advocate of the claims +of Mr. Douglas. The composition of the commission was therefore such as +should have conciliated the sympathy and cooeperation of every element of +conservatism with which they might have occasion to deal. Their +commissions authorized and empowered them, "in the name of the +Confederate States, to meet and confer with any person or persons duly +authorized by the Government of the United States, being furnished with +like power and authority, and with him or them to agree, treat, consult, +and negotiate" concerning all matters in which the parties were both +interested. No secret instructions were given them, for there was +nothing to conceal. The objects of their mission were open and avowed, +and its inception and conduct throughout were characterized by frankness +and good faith. How this effort was received, how the Commissioners were +kept waiting, and, while fair promises were held to the ear, how +military preparations were pushed forward for the unconstitutional, +criminal purpose of coercing States, let the shameful record of that +transaction attest. + + +[Footnote 124: Statutes at Large, Provisional Government, Confederate +States of America, p. 27.] + +[Footnote 125: Statutes at Large, Provisional Government, Confederate +States of America, pp. 27, 28.] + +[Footnote 126: See Provisional Constitution, Appendix K, _in loco_.] + +[Footnote 127: Statutes at Large, Provisional Government, Confederate +States of America, p. 92.] + +[Footnote 128: Statutes at Large, Provisional Government, Confederate +States of America, pp. 36-38.] + +[Footnote 129: Ibid., p. 38.] + + + + +CHAPTER VIII. + + The Peace Conference.--Demand for "a Little Bloodletting."--Plan + proposed by the Conference.--Its Contemptuous Reception and + Treatment in the United States Congress.--Failure of Last + Efforts at Reconciliation and Reunion.--Note.--Speech of General + Lane, of Oregon. + + +While the events which have just been occupying our attention were +occurring, the last conspicuous effort was made within the Union to stay +the tide of usurpation which was driving the Southern States into +secession. This effort was set on foot by Virginia, the General Assembly +of which State, on the 19th of January, 1861, adopted a preamble and +resolutions, deprecating disunion, and inviting all such States as were +willing to unite in an earnest endeavor to avert it by an adjustment of +the then existing controversies to appoint commissioners to meet in +Washington, on the 4th of February, "to consider, and, if practicable, +agree upon some suitable adjustment." Ex-President John Tyler, and +Messrs. William C. Rives, John W. Brockenbrugh, George W. Summers, and +James A. Seddon--five of the most distinguished citizens of the +State--were appointed to represent Virginia in the proposed conference. +If they could agree with the Commissioners of other States upon any plan +of settlement requiring amendments to the Federal Constitution, they +were instructed to communicate them to Congress, with a view to their +submission to the several States for ratification. + +The "border States" in general promptly acceded to this proposition of +Virginia, and others followed, so that in the "Peace Congress," or +conference, which assembled, according to appointment, on the 4th, and +adjourned on the 27th of February, twenty-one States were eventually +represented, of which fourteen were Northern, or "non-slaveholding," and +seven slaveholding States. The six States which had already seceded were +of course not of the number represented; nor were Texas and Arkansas, +the secession of which, although not consummated, was obviously +inevitable. Three of the Northwestern States--Michigan, Wisconsin, and +Minnesota--and the two Pacific States--Oregon and California--also held +aloof from the conference. In the case of these last two, distance and +lack of time perhaps hindered action. With regard to the other three, +their reasons for declining to participate in the movement were not +officially assigned, and are therefore only subjects for conjecture. +Some remarkable revelations were afterward made, however, with regard to +the action of one of them. It appears, from correspondence read in the +Senate on the 27th of February, that the two Senators from Michigan had +at first opposed the participation of that State in the conference, on +the ground that it was, as one of them expressed it, "a step toward +obtaining that concession which the imperious slave power so insolently +demands."[130]--that is to say, in plain terms, they objected to it +because it might lead to a compromise and pacification. Finding, +however, that most of the other Northern States were represented--some +of them by men of moderate and conciliatory temper--that writer had +subsequently changed his mind, and at a late period of the session of +the conference recommended the sending of delegations of "true, +unflinching men," who would be "in favor of the Constitution as it +is"--that is, who would oppose any amendment proposed in the interests +of harmony and pacification. + +The other Senator exhibits a similar alarm at the prospect of compromise +and a concurrent change of opinion. He urges the sending of +"stiff-backed" men, to thwart the threatened success of the friends of +peace, and concludes with an expression of the humane and patriotic +sentiment that "without a little bloodletting" the Union would not be +"worth a rush."[131] With such unworthy levity did these leaders of +sectional strife express their exultation in the prospect of the +conflict, which was to drench the land with blood and enshroud thousands +of homes in mourning! + +It is needless to follow the course of the deliberations of the Peace +Conference. It included among its members many men of distinction and +eminent ability, and some of unquestionable patriotism, from every part +of the Union. The venerable John Tyler presided, and took an active and +ardent interest in the efforts made to effect a settlement and avert the +impending disasters. A plan was finally agreed upon by a majority of the +States represented, for certain amendments to the Federal Constitution, +which it was hoped might be acceptable to all parties and put an end to +further contention. In its leading features this plan resembled that of +Mr. Crittenden, heretofore spoken of, which was still pending in the +Senate, though with some variations, which were regarded as less +favorable to the South. It was reported immediately to both Houses of +the United States Congress. In the Senate, Mr. Crittenden promptly +expressed his willingness to accept it as a substitute for his own +proposition, and eloquently urged its adoption. But the arrogance of a +sectional majority inflated by recent triumph was too powerful to be +allayed by the appeals of patriotism or the counsels of wisdom. The plan +of the Peace Conference was treated by the majority with the +contemptuous indifference shown to every other movement for +conciliation. Its mere consideration was objected to by the extreme +radicals, and, although they failed in this, it was defeated on a vote, +as were the Crittenden propositions. + +With the failure of these efforts, which occurred on the eve of the +inauguration of Mr. Lincoln, and the accession to power of a party +founded on a basis of sectional aggression, and now thoroughly committed +to its prosecution and perpetuation, expired the last hopes of +reconciliation and union. + +Note.--In the course of the debate in the Senate on these grave +propositions, a manly and eloquent speech was made on the 2d of March, +1861, by the Hon. Joseph Lane, a Senator from Oregon, who had been the +candidate of the Democratic State-rights party for the Vice-Presidency +of the United States, in the canvass of 1860. Some passages of this +speech seem peculiarly appropriate for insertion here. General Lane was +replying to a speech of Mr. Andrew Johnson, of Tennessee, afterward +President of the United States: + + "Mr. President, the Senator from Tennessee complains of my + remarks on his speech. He complains of the tone and temper of + what I said. He complains that I replied at all, as I was a + Northern Senator. Mr. President, I am a citizen of this Union + and a Senator of the United States. My residence is in the + North, but I have never seen the day, and I never shall, when I + will refuse justice as readily to the South as to the North. I + know nothing but my country, the whole country, the + Constitution, and the equality of the States--the equal right of + every man in the common territory of the whole country; and by + that I shall stand. + + "The Senator complains that I replied at all, as I was a + Northern Senator, and a Democrat whom he had supported at the + last election for a high office. Now, I was, as I stated at the + time, surprised at the Senator's speech, because I understood it + to be for coercion, as I think it was understood by almost + everybody else, except, as we are now told, by the Senator + himself; and I still think it amounted to a coercion speech, + notwithstanding the soft and plausible phrases by which he + describes it--a speech for the execution of the laws and the + protection of the Federal property. Sir, if there is, as I + contend, the right of secession, then, whenever a State + exercises that right, this Government has no laws in that State + to execute, nor has it any property in any such State that can + be protected by the power of this Government. In attempting, + however, to substitute the smooth phrases 'executing the laws' + and 'protecting public property' for coercion, for civil war, we + have an important concession: that is, that this Government dare + not go before the people with a plain avowal of its real + purposes and of their consequences. No, sir; the policy is to + inveigle the people of the North into civil war, by masking the + design in smooth and ambiguous terms."--("Congressional Globe," + second session, Thirty-sixth Congress, p. 1347.) + + +[Footnote 130: See letter of Hon. S. K. Bingham to Governor Blair, of +Michigan, in "Congressional Globe," second session, Thirty-sixth +Congress, Part II, p. 1247.] + +[Footnote 131: See "Congressional Globe," _ut supra_. As this letter, +last referred to, is brief and characteristic of the temper of the +typical so-called Republicans of the period, it may be inserted entire: + + "Washington, _February_ 11, 1861. + + "My dear Governor: Governor Bingham and myself telegraphed you + on Saturday, at the request of Massachusetts and New York, to + send delegates to the Peace or Compromise Congress. They admit + that we were right, and that they were wrong; that no Republican + State should have sent delegates; but they are here, and can not + get away; Ohio, Indiana, and Rhode Island are caving in, and + there is danger of Illinois; and now they beg us, for God's + sake, to come to their rescue, and save the Republican party + from rupture. I hope you will send _stiff-backed_ men, or none. + The whole thing was gotten up against my judgment and advice, + and will end in thin smoke. Still, I hope, as a matter of + courtesy to some of our erring brethren, that you will send the + delegates. + + "Truly your friend, + + "(Signed) Z. Chandler. + + "His Excellency Austin Blair." + + "P.S.--Some of the manufacturing States think that a fight would + be awful. Without a _little bloodletting_, this Union will not, + in my estimation, be worth a rush." + +The reader should not fall into the mistake of imagining that the +"erring brethren," toward whom a concession of courtesy is recommended +by the writer of this letter, were the people of the seceding, or even +of the border, States. It is evident from the context that he means the +people of those so-called "Republican" States which had fallen into the +error of taking part in a plan for peace, which might have averted the +bloodletting recommended.] + + + + +CHAPTER IX. + + Northern Protests against Coercion.--The "New York Tribune," + Albany "Argus," and "New York Herald."--Great Public Meeting in + New York.--Speeches of Mr. Thayer, ex-Governor Seymour, + ex-Chancellor Walworth, and Others.--The Press in February, + 1861.--Mr. Lincoln's Inaugural.--The Marvelous Change or + Suppression of Conservative Sentiment.--Historic Precedents. + + +It is a great mistake, or misstatement of fact, to assume that, at the +period under consideration, the Southern States stood alone in the +assertion of the principles which have been laid down in this work, with +regard to the right of secession and the wrong of coercion. Down to the +formation of the Confederate Government, the one was distinctly +admitted, the other still more distinctly disavowed and repudiated, by +many of the leaders of public opinion in the North of both +parties--indeed, any purpose of direct coercion was disclaimed by nearly +all. If presented at all, it was in the delusive and ambiguous guise of +"the execution of the laws" and "protection of the public property." + +The "New York Tribune"--the leading organ of the party which triumphed +in the election of 1860--had said, soon after the result of that +election was ascertained, with reference to secession: "We hold, with +Jefferson, to the inalienable right of communities to alter or abolish +forms of government that have become oppressive or injurious; and, if +the cotton States shall decide that they can do better out of the Union +than in it, we insist on letting them go in peace. The right to secede +may be a revolutionary right, _but it exists nevertheless_; and we do +not see how one party can have _a right to do what another party has a +right to prevent_. We must ever resist the asserted right of any State +to remain in the Union and nullify or defy the laws thereof: _to +withdraw from the Union is quite another matter_. And, whenever a +considerable section of our Union shall deliberately resolve to go out, +_we shall resist all coercive measures designed to keep her in. We hope +never to live in a republic whereof one section is pinned to the residue +by bayonets_."[132] + +The only liberty taken with this extract has been that of presenting +certain parts of it in italics. Nothing that has ever been said by the +author of this work, in the foregoing chapters, on the floor of the +Senate, or elsewhere, more distinctly asserted the right of secession. +Nothing that has been quoted from Hamilton, or Madison, or Marshall, or +John Quincy Adams, more emphatically repudiates the claim of right to +restrain or coerce a State in the exercise of its free choice. Nothing +that has been said since the war which followed could furnish a more +striking condemnation of its origin, prosecution, purposes, and results. +A comparison of the sentiments above quoted, with the subsequent career +of the party, of which that journal was and long had been the recognized +organ, would exhibit a striking incongruity and inconsistency. + +The "Tribune" was far from being singular among its Northern +contemporaries in the entertainment of such views, as Mr. Greeley, its +chief editor, has shown by many citations in his book, "The American +Conflict." The Albany "Argus," about the same time, said, in language +which Mr. Greeley characterizes as "clear and temperate": "We sympathize +with and justify the South as far as this: their rights have been +invaded to the extreme limit possible within the forms of the +Constitution; and, beyond this limit, their feelings have been insulted +and their interests and honor assailed by almost every possible form of +denunciation and invective; and, if we deemed it certain that the real +_animus_ of the Republican party could be carried into the +administration of the Federal Government, and become the permanent +policy of the nation, we should think that all the instincts of +self-preservation and of manhood rightfully impelled them to a resort to +revolution and a separation from the Union, and we would applaud them +and wish them godspeed in the adoption of such a remedy." + +Again, the same paper said, a day or two afterward: "If South Carolina +or any other State, through a convention of her people, shall formally +separate herself from the Union, probably both the present and the next +Executive will simply let her alone and _quietly allow all the functions +of the Federal Government within her limits to be suspended. Any other +course would be madness_; as it would at once enlist all the Southern +States in the controversy and plunge the whole country into a civil +war.... As a matter of policy and wisdom, therefore, independent of the +question of right, we should deem resort to force most disastrous." + +The "New York Herald"--a journal which claimed to be independent of all +party influences--about the same period said: "Each State is organized +as a complete government, holding the purse and wielding the sword, +possessing the right to break the tie of the confederation as a nation +might break a treaty, and to repel coercion as a nation might repel +invasion.... Coercion, if it were possible, is out of the question." + +On the 31st of January, 1861--after six States had already seceded--a +great meeting was held in the city of New York, to consider the perilous +condition of the country. At this meeting Mr. James S. Thayer, "an +old-line Whig," made a speech, which was received with great applause. +The following extracts from the published report of Mr. Thayer's speech +will show the character of the views which then commanded the cordial +approval of that metropolitan audience: + + "We can at least, in an authoritative way and a practical + manner, arrive at the basis of a _peaceable separation_. + [Cheers.] We can at least by discussion enlighten, settle, and + concentrate the public sentiment in the State of New York upon + this question, and save it from that fearful current, which + circuitously but certainly sweeps madly on, through the narrow + gorge of 'the enforcement of the laws,' to the shoreless ocean + of civil war! [Cheers.] Against this, under all circumstances, + in every place and form, we must now and at all times oppose a + resolute and unfaltering resistance. The public mind will bear + the avowal, and let us make it--that, if a revolution of force + is to begin, _it shall be inaugurated at home_. And if the + incoming Administration shall attempt to carry out the line of + policy that has been foreshadowed, we announce that, when the + hand of Black Republicanism turns to blood-red, and seeks _from + the fragment of the Constitution to construct a scaffolding for + coercion--another name for execution_--we will reverse the order + of the French Revolution, and save the blood of the people by + making those who would inaugurate a reign of terror the first + victims of a national guillotine!" [Enthusiastic applause.] + +And again: + + "It is announced that the Republican Administration will enforce + the laws against and in all the seceding States. A nice + discrimination must be exercised in the performance of this + duty. You remember the story of William Tell.... Let an arrow + winged by the Federal bow strike the heart of an American + citizen, and who can number the avenging darts that will cloud + the heavens in the conflict that will ensue? [Prolonged + applause.] What, then, is the duty of the State of New York? + What shall we say to our people when we come to meet this state + of facts? That the Union must be preserved? But, if that can not + be, what then? _Peaceable separation._ [Applause.] Painful and + humiliating as it is, let us temper it with all we can of love + and kindness, so that we may yet be left in a comparatively + prosperous condition, in friendly relations with another + Confederacy." [Cheers.] + +At the same meeting ex-Governor Horatio Seymour asked the question--on +which subsequent events have cast their own commentary--whether +"successful coercion by the North is less revolutionary than successful +secession by the South? Shall we prevent revolution [he added] by being +foremost in over-throwing the principles of our Government, and all that +makes it valuable to our people and distinguishes it among the nations +of the earth?" + +The venerable ex-Chancellor Walworth thus expressed himself: + + "It would be as brutal, in my opinion, to send men to butcher + our own brothers of the Southern States as it would be to + massacre them in the Northern States. We are told, however, that + it is our duty to, and we must, enforce the laws. But why--and + what laws are to be enforced? There were laws that were to be + enforced in the time of the American Revolution.... Did Lord + Chatham go for enforcing those laws? No, he gloried in defense + of the liberties of America. He made that memorable declaration + in the British Parliament, 'If I were an American citizen, + instead of being, as I am, an Englishman, I never would submit + to such laws--never, never, never!'" [Prolonged applause.] + +Other distinguished speakers expressed themselves in similar +terms--varying somewhat in their estimate of the propriety of the +secession of the Southern States, but all agreeing in emphatic and +unqualified reprobation of the idea of coercion. A series of +conciliatory resolutions was adopted, one of which declares that "civil +war will not restore the Union, but will defeat for ever its +reconstruction." + +At a still later period--some time in the month of February--the "Free +Press," a leading paper in Detroit, had the following: + + "If there shall not be a change in the present seeming purpose + to yield to no accommodation of the national difficulties, and + if troops shall be raised in the North to march against the + people of the South, _a fire in the rear will be opened upon + such troops_, which will either stop their march altogether or + wonderfully accelerate it." + +The "Union," of Bangor, Maine, spoke no less decidedly to the same +effect: + + "The difficulties between the North and the South must be + compromised, or the separation of the States _shall be + peaceable_. If the Republican party refuse to go the full length + of the Crittenden amendment--_which is the very least the South + can or ought to take_--then, here in Maine, not a Democrat will + be found who will raise his arm against his brethren of the + South. From one end of the State to the other let the cry of the + Democracy be, Compromise or Peaceable Separation!" + +That these were not expressions of isolated or exceptional sentiment is +evident from the fact that they were copied with approval by other +Northern journals. + +Mr. Lincoln, when delivering his inaugural address, on the 4th of March, +1861, had not so far lost all respect for the consecrated traditions of +the founders of the Constitution and for the majesty of the principle of +State sovereignty as openly to enunciate the claim of coercion. While +arguing against the right to secede, and asserting his intention "to +hold, occupy, and possess the property and places belonging to the +Government, and collect the duties and imposts," he says that, "beyond +what may be necessary for these objects, there will be no invasion, no +using of force against or among the people anywhere," and appends to +this declaration the following pledge: + + "Where hostility to the United States shall be so great as to + prevent competent resident citizens from holding the Federal + offices, there will be no attempt to force obnoxious strangers + among the people for that object. While the strict legal right + may exist of the Government to enforce the exercise of these + offices, the attempt to do so would be so irritating, and so + nearly impracticable withal, that I deem it better to forego for + the time the uses of such offices." + +These extracts will serve to show that the people of the South were not +without grounds for cherishing the hope, to which they so fondly clung, +that the separation would, indeed, be as peaceable in fact as it was, on +their part, in purpose; that the conservative and patriotic feeling +still existing in the North would control the elements of sectional +hatred and bloodthirsty fanaticism; and that there would be really "no +war." + +And here the ingenuous reader may very naturally ask, What became of all +this feeling? How was it that, in the course of a few weeks, it had +disappeared like a morning mist? Where was the host of men who had +declared that an army marching to invade the Southern States should +first pass over their dead bodies? No _new_ question had arisen--no +change in the attitude occupied by the seceding States--no cause for +controversy not already existing when these utterances were made. And +yet the sentiments which they expressed were so entirely swept away by +the tide of reckless fury which soon afterward impelled an armed +invasion of the South, that (with a few praiseworthy but powerless +exceptions) scarcely a vestige of them was left. Not only were they +obliterated, but seemingly forgotten. + +I leave to others to offer, if they can, an explanation of this strange +phenomenon. To the student of human nature, however, it may not seem +altogether without precedent, when he remembers certain other instances +on record of mutations in public sentiment equally sudden and +extraordinary. Ten thousand swords that would have leaped from their +scabbards--as the English statesman thought--to avenge even a look of +insult to a lovely queen, hung idly in their places when she was led to +the scaffold in the midst of the vilest taunts and execrations. The case +that we have been considering was, perhaps, only an illustration of the +general truth that, in times of revolutionary excitement, the higher and +better elements are crushed and silenced by the lower and baser--not so +much on account of their greater extent, as of their greater violence. + + +[Footnote 132: "New York Tribune" of November 9, 1860, quoted in "The +American Conflict," vol. i, chap. xxiii, p. 359.] + + + + +CHAPTER X. + + Temper of the Southern People indicated by the Action of the + Confederate Congress.--The Permanent Constitution.--Modeled + after the Federal Constitution.--Variations and Special + Provisions.--Provisions with Regard to Slavery and the + Slave-Trade.--A False Assertion refuted.--Excellence of the + Constitution.--Admissions of Hostile or Impartial Criticism. + + +The conservative temper of the people of the Confederate States was +conspicuously exhibited in the most important product of the early +labors of their representatives in Congress assembled. The Provisional +Constitution, although prepared only for temporary use, and necessarily +in some haste, was so well adapted for the purposes which it was +intended to serve, that many thought it would have been wise to continue +it in force indefinitely, or at least until the independency of the +Confederacy should be assured. The Congress, however, deeming it best +that the system of Government should emanate from the people, +accordingly, on the 11th of March, prepared the permanent Constitution, +which was submitted to and ratified by the people of the respective +States. + +Of this Constitution--which may be found in an appendix,[133] side by +side with the Constitution of the United States--the Hon. Alexander H. +Stephens, who was one of its authors, very properly says: + + "The whole document utterly negatives the idea, which so many + have been active in endeavoring to put in the enduring form of + history, that the Convention at Montgomery was nothing but a set + of 'conspirators,' whose object was the overthrow of the + principles of the Constitution of the United States, and the + erection of a great 'slavery oligarchy,' instead of the free + institutions thereby secured and guaranteed. This work of the + Montgomery Convention, with that of the Constitution for a + Provisional Government, will ever remain, not only as a monument + of the wisdom, forecast, and statesmanship of the men who + constituted it, but an everlasting refutation of the charges + which have been brought against them. These works together show + clearly that their only leading object was to sustain, uphold, + and perpetuate the fundamental principles of the Constitution of + the United States."[134] + +The Constitution of the United States was the model followed throughout, +with only such changes as experience suggested for better practical +working or for greater perspicuity. The preamble to both instruments is +the same in substance, and very nearly identical in language. The words +"We, the people of the United States," in one, are replaced by "We, the +people of the Confederate States," in the other; and the gross +perversion which has been made of the former expression is precluded in +the latter merely by the addition of the explanatory clause, "each State +acting in its sovereign and independent character"--an explanation +which, at the time of the formation of the Constitution of the United +States, would have been deemed entirely superfluous. + +The official term of the President was fixed at six instead of four +years, and it was provided that he should not be eligible for +reelection. This was in accordance with the original draft of the +Constitution of 1787.[135] + +The President was empowered to remove officers of his Cabinet, or those +engaged in the diplomatic service, at his discretion, but in all other +cases removal from office could be made only for cause, and the cause +was to be reported to the Senate.[136] + +Congress was authorized to provide by law for the admission of "the +principal officer in each of the executive departments" (or Cabinet +officers) to a seat upon the floor of either House, with the privilege +of taking part in the discussion of subjects pertaining to his +department.[137] This wise and judicious provision, which would have +tended to obviate much delay and misunderstanding, was, however, never +put into execution by the necessary legislation. + +Protective duties for the benefit of special branches of industry, which +had been so fruitful a source of trouble under the Government of the +United States, were altogether prohibited.[138] So, also, were bounties +from the Treasury,[139] and extra compensation for services rendered by +officers, contractors, or employees, of any description.[140] + +A vote of two thirds of each House was requisite for the appropriation +of money from the Treasury, unless asked for by the chief of a +department and submitted to Congress by the President, or for payment of +the expenses of Congress, or of claims against the Confederacy +judicially established and declared.[141] The President was also +authorized to approve any one appropriation and disapprove any other in +the same bill.[142] + +With regard to the impeachment of Federal officers, it was intrusted, as +formerly, to the discretion of the House of Representatives, with the +additional provision, however, that, in the case of any judicial or +other officer exercising his functions solely within the limits of a +particular State, impeachment might be made by the Legislature of such +State--the trial in all cases to be by the Senate of the Confederate +States.[143] + +Any two or more States were authorized to enter into compacts with each +other for the improvement of the navigation of rivers flowing between or +through them.[144] A vote of two thirds of each House--the Senate voting +by States--was required for the admission of a new State.[145] + +With regard to amendments of the Constitution, it was made obligatory +upon Congress, on the demand of any three States, concurring in the +proposed amendment or amendments, to summon a convention of all the +States to consider and act upon them, voting by States, but restricted +in its action to the particular propositions thus submitted. If approved +by such convention, the amendments were to be subject to final +ratification by two thirds of the States.[146] + +Other changes or modifications, worthy of special notice, related to +internal improvements, bankruptcy laws, duties on exports, suits in the +Federal courts, and the government of the Territories.[147] + +With regard to slavery and the slave-trade, the provisions of this +Constitution furnish an effectual answer to the assertion, so often +made, that the Confederacy was founded on slavery, that slavery was its +"corner-stone," etc. Property in slaves, _already existing_, was +recognized and guaranteed, just as it was by the Constitution of the +United States; and the rights of such property in the common Territories +were protected against any such hostile discrimination as had been +attempted in the Union. But the "extension of slavery," in the only +practical sense of that phrase, was more distinctly and effectually +precluded by the Confederate than by the Federal Constitution. This will +be manifest on a comparison of the provisions of the two relative to the +slave-trade. These are found at the beginning of the ninth section of +the first article of each instrument. The Constitution of the United +States has the following: + + "The migration or importation of such persons as any of the + States now existing shall think proper to admit, shall not be + prohibited by the Congress prior to the year one thousand eight + hundred and eight; but a tax or duty may be imposed on such + importations, not exceeding ten dollars for each person." + +The Confederate Constitution, on the other hand, ordained as follows: + + "1. The importation of negroes of the African race from any + foreign country, other than the slaveholding States or + Territories of the United States of America, is hereby + forbidden; and Congress is required to pass such laws as shall + effectually prevent the same. + + "2. Congress shall also have the power to prohibit the + introduction of slaves from any state not a member of, or + Territory not belonging to, this Confederacy." + +In the case of the United States, the only prohibition is against any +interference by Congress with the slave-trade for a term of years, and +it was further legitimized by the authority given to impose a duty upon +it. The term of years, it is true, had long since expired, but there was +still no prohibition of the trade by the Constitution; it was after 1808 +entirely within the discretion of Congress either to encourage, +tolerate, or prohibit it. + +Under the Confederate Constitution, on the contrary, the African +slave-trade was "_hereby forbidden_," positively and unconditionally, +from the beginning. Neither the Confederate Government nor that of any +of the States could permit it, and the Congress was expressly "required" +to enforce the prohibition. The only discretion in the matter intrusted +to the Congress was, whether or not to permit the introduction of slaves +from any of the United States or their Territories. + +Mr. Lincoln, in his inaugural address, had said: "I have no purpose, +directly or indirectly, to interfere with the institution of slavery in +the States where it exists. I believe I have no lawful right to do so, +and I have no inclination to do so." Now, if there was no purpose on the +part of the Government of the United States to interfere with the +institution of slavery within its already existing limits--a proposition +which permitted its propagation within those limits by natural +increase--and inasmuch as the Confederate Constitution precluded any +other than the same natural increase, we may plainly perceive the +disingenuousness and absurdity of the pretension by which a factitious +sympathy has been obtained in certain quarters for the war upon the +South, on the ground that it was a war in behalf of freedom against +slavery.[148] I had no direct part in the preparation of the Confederate +Constitution. No consideration of delicacy forbids me, therefore, to +say, in closing this brief review of that instrument, that it was a +model of wise, temperate, and liberal statesmanship. Intelligent +criticism, from hostile as well as friendly sources, has been compelled +to admit its excellences, and has sustained the judgment of a popular +Northern journal which said, a few days after it was adopted and +published: + + "The new Constitution is the Constitution of the United States + with various modifications and some very important and most + desirable improvements. We are free to say that the invaluable + reforms enumerated should be adopted by the United States, with + or without a reunion of the seceded States, and as soon as + possible. But why not accept them with the propositions of the + Confederate States on slavery as a basis of reunion?"[149] + + +[Footnote 133: See Appendix K.] + +[Footnote 134: "War between the States," vol. ii, col. xix, p. 389.] + +[Footnote 135: See Article II, section 1.] + +[Footnote 136: Ibid., section 2, ¶ 3.] + +[Footnote 137: Article I, section 6, ¶ 2.] + +[Footnote 138: Article I, section 8, ¶ 1.] + +[Footnote 139: Ibid.] + +[Footnote 140: Ibid., section 9, ¶ 10.] + +[Footnote 141: Ibid., ¶ 9.] + +[Footnote 142: Ibid., section 7, ¶ 2.] + +[Footnote 143: Ibid., section 2, ¶ 5.] + +[Footnote 144: Ibid., section 10, ¶ 3.] + +[Footnote 145: Article IV, section 3, ¶ 1.] + +[Footnote 146: Article V.] + +[Footnote 147: Article I, section 8, ¶¶ 1 and 4, section 9, ¶ 6; Article +III, section 2, ¶ 1; Article IV, section 3, ¶ 3.] + +[Footnote 148: As late as the 22d of April, 1861, Mr. Seward, United +States Secretary of State, in a dispatch to Mr. Dayton, Minister to +France, since made public, expressed the views and purposes of the +United States Government in the premises as follows. It may be proper to +explain that, by what he is pleased to term "the revolution," Mr. Seward +means the withdrawal of the Southern States; and that the words +italicized are, perhaps, not so distinguished in the original. He says: +"The Territories will remain in all respects the same, whether the +revolution shall succeed or shall fail. _The condition of slavery in the +several States will remain just the same, whether it succeed or fail._ +There is not even a pretext for the complaint that the disaffected +States are to be conquered by the United States if the revolution fails; +for the rights of the States and _the condition of every being in them_ +will remain subject to exactly the same laws and forms of +administration, whether the revolution shall succeed or whether it shall +fail. In the one case, the States would be federally connected with the +new Confederacy; in the other, they would, as now, be members of the +United States; _but their Constitutions and laws, customs, habits, and +institutions, in either ease, will remain the same_."] + +[Footnote 149: "New York Herald," March 19, 1861.] + + + + +CHAPTER XI. + + The Commission to Washington City.--Arrival of Mr. + Crawford.--Mr. Buchanan's Alarm.--Note of the Commissioners to + the New Administration.--Mediation of Justices Nelson and + Campbell.--The Difficulty about Forts Sumter and Pickens.--Mr. + Secretary Seward's Assurances.--Duplicity of the Government at + Washington.--Mr. Fox's Visit to Charleston.--Secret Preparations + for Coercive Measures.--Visit of Mr. Lamon.--Renewed Assurances + of Good Faith.--Notification to Governor Pickens.--Developments + of Secret History.--Systematic and Complicated Perfidy exposed. + + +The appointment of Commissioners to proceed to Washington, for the +purpose of establishing friendly relations with the United States and +effecting an equitable settlement of all questions relating to the +common property of the States and the public debt, has already been +mentioned. No time was lost in carrying this purpose into execution. Mr. +Crawford--first of the Commissioners--left Montgomery on or about the +27th of February, and arrived in Washington two or three days before the +expiration of Mr. Buchanan's term of office as President of the United +States. Besides his official credentials, he bore the following letter +to the President, of a personal or semi-official character, intended to +facilitate, if possible, the speedy accomplishment of the objects of his +mission: + + "_To the President of the United States._ + + "Sir: Being animated by an earnest desire to unite and bind + together our respective countries by friendly ties, I have + appointed Martin J. Crawford, one of our most esteemed and + trustworthy citizens, as special Commissioner of the Confederate + States to the Government of the United States; and I have now + the honor to introduce him to you, and to ask for him a + reception and treatment corresponding to his station, and to the + purposes for which he is sent. + + "Those purposes he will more particularly explain to you. Hoping + that through his agency these may be accomplished, I avail + myself of this occasion to offer to you the assurance of my + distinguished consideration." + + (Signed) "Jefferson Davis." + + "Montgomery, _February 27, 1861_." + +It may here be mentioned, in explanation of my desire that the +commission, or at least a part of it, should reach Washington before the +close of Mr. Buchanan's term, that I had received an intimation from +him, through a distinguished Senator of one of the border States,[150] +that he would be happy to receive a Commissioner or Commissioners from +the Confederate States, and would refer to the Senate any communication +that might be made through such a commission. + +Mr. Crawford--now a Judge of the Supreme Court of Georgia, and the only +surviving member of the commission--in a manuscript account, which he +has kindly furnished, of his recollections of events connected with it, +says that, on arriving in Washington at the early hour of half-past four +o'clock in the morning, he was "surprised to see Pennsylvania Avenue, +from the old National to Willard's Hotel, crowded with men hurrying, +some toward the former, but most of the faces in the direction of the +latter, where the new President [Mr. Lincoln, President-elect], the +great political almoner, for the time being, had taken up his lodgings. +At this point," continues Judge Crawford, "the crowd swelled to +astonishing numbers of expectant and hopeful men, awaiting an +opportunity, either to see Mr. Lincoln himself, or to communicate with +him through some one who might be so fortunate as to have access to his +presence." + +Describing his reception in the Federal capital, Judge Crawford says: + + "The feverish and emotional condition of affairs soon made the + presence of the special Commissioner at Washington known + throughout the city. Congress was still, of course, in session; + Senators and members of the House of Representatives, excepting + those of the Confederate States, who had withdrawn, were in + their seats, and the manifestations of anxious care and gloomy + forebodings were plainly to be seen on all sides. This was not + confined to sections, but existed among the men of the North and + West as well as those of the South.... + + "Mr. Buchanan, the President, was in a state of most thorough + alarm, not only for his home at Wheatland, but for his personal + safety.[151] In the very few days which had elapsed between the + time of his promise to receive a Commissioner from the + Confederate States and the actual arrival of the Commissioner, + he had become so fearfully panic-stricken, that he declined + either to receive him or to send any message to the Senate + touching the subject-matter of his mission. + + "The Commissioner had been for several years in Congress before + the Administration of Mr. Buchanan, as well as during his + official term, and had always been in close political and social + relations with him; yet he was afraid of a public visit from + him. He said that he had only three days of official life left, + and could incur no further dangers or reproaches than those he + had already borne from the press and public speakers of the + North. + + "The intensity of the prevalent feeling increased as the vast + crowds, arriving by every train, added fresh material; and + hatred and hostility toward our new Government were manifested + in almost every conceivable manner." + +Another of the Commissioners (Mr. Forsyth) having arrived in Washington +on the 12th of March--eight days after the inauguration of Mr. +Lincoln--the two Commissioners then present, Messrs. Forsyth and +Crawford, addressed to Mr. Seward, Secretary of State, a note informing +him of their presence, stating the friendly and peaceful purposes of +their mission, and requesting the appointment of a day, as early as +possible, for the presentation to the President of the United States of +their credentials and the objects which they had in view. This letter +will be found in the Appendix,[152] with other correspondence which +ensued, published soon after the events to which it relates. The +attention of the reader is specially invited to these documents, but, as +additional revelations have been made since they were first published, +it will be proper, in order to a full understanding of the transactions +to which they refer, to give here a brief statement of the facts. + +No _written_ answer to the note of the Commissioners was delivered to +them for twenty-seven days after it was written. The paper of Mr. +Seward, in reply, without signature or address, dated March 15th,[153] +was "filed," as he states, on that day, in the Department of State, but +a copy of it was not handed to the Commissioners until the 8th of April. +But an oral answer had been made to the note of the Commissioners at a +much earlier date, for the significance of which it will be necessary to +bear in mind the condition of affairs at Charleston and Pensacola. + +Fort Sumter was still occupied by the garrison under command of Major +Anderson, with no material change in the circumstances since the failure +of the attempt made in January to reenforce it by means of the Star of +the West. This standing menace at the gates of the chief harbor of South +Carolina had been tolerated by the government and people of that State, +and afterward by the Confederate authorities, in the abiding hope that +it would be removed without compelling a collision of forces. Fort +Pickens, on one side of the entrance to the harbor of Pensacola, was +also occupied by a garrison of United States troops, while the two forts +(Barrancas and McRee) on the other side were in possession of the +Confederates. Communication by sea was not entirely precluded, however, +in the case of Fort Pickens; the garrison had been strengthened, and a +fleet of Federal men-of-war was lying outside of the harbor. The +condition of affairs at these forts--especially at Fort Sumter--was a +subject of anxiety with the friends of peace, and the hope of settling +by negotiation the questions involved in their occupation had been one +of the most urgent motives for the prompt dispatch of the Commissioners +to Washington. + +The letter of the Commissioners to Mr. Seward was written, as we have +seen, on the 12th of March. The oral message, above mentioned, was +obtained and communicated to the Commissioners through the agency of two +Judges of the Supreme Court of the United States--Justices Nelson, of +New York, and Campbell, of Alabama. On the 15th of March, according to +the statement of Judge Campbell,[154] Mr. Justice Nelson visited the +Secretaries of State and of the Treasury and the Attorney-General +(Messrs. Seward, Chase, and Bates), to dissuade them from undertaking to +put in execution any policy of coercion. "During the term of the Supreme +Court he had very carefully examined the laws of the United States to +enable him to attain his conclusions, and from time to time he had +consulted the Chief Justice [Taney] upon the questions which his +examination had suggested. His conclusion was that, without very serious +violations of Constitution and statutes, coercion could not be +successfully effected by the executive department. I had made [continues +Judge Campbell] a similar examination, and I concurred in his +conclusions and opinions. As he was returning from his visit to the +State Department, we casually met, and he informed me of what he had +done. He said he had spoken to these officers at large; that he was +received with respect and listened to with attention by all, with +approbation by the Attorney-General, and with great cordiality by the +Secretary of State; that the Secretary had expressed gratification to +find so many impediments to the disturbance of peace, and only wished +there had been more. He stated that the Secretary told him there was a +present cause of embarrassment: that the Southern Commissioners had +demanded recognition, and a refusal would lead to irritation and +excitement in the Southern States, and would cause a counter-irritation +and excitement in the Northern States, prejudicial to a peaceful +adjustment. Justice Nelson suggested that I might be of service." + +The result of the interview between these two distinguished gentlemen, +we are informed, was another visit, by both of them, to the State +Department, for the purpose of urging Mr. Seward to reply to the +Commissioners, and assure them of the desire of the United States +Government for a friendly adjustment. Mr. Seward seems to have objected +to an immediate recognition of the Commissioners, on the ground that the +state of public sentiment in the North would not sustain it, in +connection with the withdrawal of the troops from Fort Sumter, which had +been determined on. "The evacuation of Sumter," he said, "is as much as +the Administration can bear." + +Judge Campbell adds: "I concurred in the conclusion that the evacuation +of Sumter involved responsibility, and stated that there could not be +too much caution in the adoption of measures so as not to shock or to +irritate the public sentiment, and that the evacuation of Sumter was +sufficient for the present in that direction. I stated that I would see +the Commissioners, and I would write to Mr. Davis to that effect. I +asked him what I should say as to Sumter and as to Pickens. _He +authorized me to say that, before that letter could reach him_ [Mr. +Davis], _he would learn by telegraph that the order for the evacuation +of Sumter had been made_. He said the condition of Pickens was +satisfactory, and there would be no change made there." The italics in +this extract are my own. + +The letter in which this promise was communicated to me has been lost, +but it was given in substantially the terms above stated as authorized +by Mr. Seward--that the order for the evacuation of the fort would be +issued before the letter could reach me. The same assurance was given, +on the same day, to the Commissioners. Judge Campbell tells us that Mr. +Crawford was slow to consent to refrain from pressing the demand for +recognition. "It was only after some discussion and the expression of +some objections that he consented" to do so. This consent was clearly +one part of a stipulation, of which the other part was the pledge that +the fort would be evacuated in the course of a few days. Mr. Crawford +required the pledge of Mr. Seward to be reduced to writing, with Judge +Campbell's personal assurance of its genuineness and accuracy.[155] This +written statement was exhibited to Judge Nelson, before its delivery, +and approved by him. The fact that the pledge had been given in his name +and behalf was communicated to Mr. Seward the same evening by letter. He +was cognizant of, consenting to, and in great part the author of, the +whole transaction. + +It will be observed that not only the Commissioners in Washington, but +the Confederate Government at Montgomery also, were thus assured on the +highest authority--that of the Secretary of State of the United States, +the official organ of communication of the views and purposes of his +Government--of the intention of that Government to order the evacuation +of Fort Sumter within a few days from the 15th of March, and not to +disturb the existing _status_ at Fort Pickens. Moreover, this was not +the mere statement of a fact, but a _pledge_, given as the consideration +of an appeal to the Confederate Government and its Commissioners to +refrain from embarrassing the Federal Administration by prosecuting any +further claims at the same time. As such a pledge, it was accepted, and, +while its fulfillment was quietly awaited, the Commissioners forbore to +make any further demand for reply to their note of the 12th of March. + +Five days having elapsed in this condition of affairs, the Commissioners +in Washington telegraphed Brigadier-General Beauregard, commander of the +Confederate forces at Charleston, inquiring whether the fort had been +evacuated, or any action taken by Major Anderson indicating the +probability of an evacuation. Answer was made to this dispatch, that the +fort had not been evacuated, that there were no indications of such a +purpose, but that Major Anderson was still working on its defenses. This +dispatch was taken to Mr. Seward by Judge Campbell. Two interviews +occurred in relation to it, at both of which Judge Nelson was also +present. Of the result of these interviews, Judge Campbell states: "The +last was full and satisfactory. The Secretary was buoyant and sanguine; +he spoke of his ability to carry through his policy with confidence. He +accounted for the delay as accidental, and _not involving the integrity +of his assurance that the evacuation would take place_, and that I +should know whenever any change was made in the resolution in reference +to Sumter or to Pickens. I repeated this assurance in writing to Judge +Crawford, _and informed Governor Seward in writing what I had +said_."[156] + +It would be incredible, but for the ample proofs which have since been +brought to light, that, during all this period of reiterated assurances +of a purpose to withdraw the garrison from Fort Sumter, and of excuses +for delay on account of the difficulties which embarrassed it, the +Government of the United States was assiduously engaged in devising +means for furnishing supplies and reenforcements to the garrison, with +the view of retaining possession of the fort! + +Mr. G. V. Fox, afterward Assistant Secretary of the United States Navy, +had proposed a plan for reenforcing and furnishing supplies to the +garrison of Fort Sumter in February, during the Administration of Mr. +Buchanan. In a letter published in the newspapers since the war, he +gives an account of the manner in which the proposition was renewed to +the new Administration and its reception by them, as follows: + + "On the 12th of March I received a telegram from + Postmaster-General Blair to come to Washington. I arrived there + on the 13th. Mr. Blair having been acquainted with the + proposition I presented to General Scott, under Mr. Buchanan's + Administration, sent for me to tender the same to Mr. Lincoln, + informing me that Lieutenant-General Scott had advised the + President that the fort could not be relieved, and must be given + up. Mr. Blair took me at once to the White House, and I + explained the plan to the President. Thence we adjourned to + Lieutenant-General Scott's office, where a renewed discussion of + the subject took place. The General informed the President that + my plan was practicable in February, but that the increased + number of batteries erected at the mouth of the harbor since + that time rendered it impossible in March. + + "Finding that there was great opposition to any attempt at + relieving Fort Sumter, and that Mr. Blair alone sustained the + President in his policy of refusing to yield, I judged that my + arguments in favor of the practicability of sending in supplies + would be strengthened by a visit to Charleston and the fort. The + President readily agreed to my visit, if the Secretary of War + and General Scott raised no objection. + + "Both these gentlemen consenting, I left Washington on the 19th + of March, and, passing through Richmond and Wilmington, reached + Charleston on the 21st." + +Thus we see that, at the very moment when Mr. Secretary Seward was +renewing to the Confederate Government, through Judge Campbell, his +positive assurance that "the evacuation _would_ take place," this +emissary was on his way to Charleston to obtain information and devise +measures by means of which this promise might be broken. + +On his arrival in Charleston, Mr. Fox tells us that he sought an +interview with Captain Hartstein, of the Confederate Navy, and through +this officer obtained from Governor Pickens permission to visit Fort +Sumter. He fails, in his narrative, to state what we learn from Governor +Pickens himself,[157] that this permission was obtained "expressly upon +the pledge of 'pacific purposes.'" Notwithstanding this pledge, he +employed the opportunity afforded by his visit to mature the details of +his plan for furnishing supplies and reenforcements to the garrison. He +did not, he says, communicate his plan or purposes to Major Anderson, +the commanding officer of the garrison, having discernment enough, +perhaps, to divine that the instincts of that brave and honest soldier +would have revolted at and rebuked the duplicity and perfidy of the +whole transaction. The result of his visit was, however, reported at +Washington, his plan was approved by President Lincoln, and he was sent +to New York to make arrangements for putting it in execution. + + "In a very few days after" (says Governor Pickens, in the + message already quoted above), "another confidential agent, + Colonel Lamon, was sent by the President [Mr. Lincoln], who + informed me that he had come to try and arrange for the removal + of the garrison, and, when he returned from the fort, asked if a + war-vessel could not be allowed to remove them. I replied that + no war-vessel could be allowed to enter the harbor on any terms. + He said he believed Major Anderson preferred an ordinary + steamer, and I agreed that the garrison might be thus removed. + He said he hoped to return in a very few days for that purpose." + +This, it will be remembered, occurred while Mr. Fox was making active, +though secret, preparations for his relief expedition. + +Colonel, or Major, Lamon, as he is variously styled in the +correspondence, did not return to Charleston, as promised. About the +30th of March (which was Saturday) a telegram from Governor Pickens was +received by the Commissioners in Washington, making inquiry with regard +to Colonel Lamon, and the meaning of the protracted delay to fulfill the +promise of evacuation. This was fifteen days after the original +assurance of Mr. Seward that the garrison would be withdrawn +immediately, and ten days after his explanation that the delay was +"accidental." The dispatch of Governor Pickens was taken by Judge +Campbell to Mr. Seward, who appointed the ensuing Monday (1st of April) +for an interview and answer. At that interview Mr. Seward informed Judge +Campbell that "the President was concerned about the contents of the +telegram--_there was a point of honor involved_; that Lamon had no +agency from him, nor title to speak."[158] (This late suggestion of the +point of _honor_ would seem, under the circumstances, to have been made +in a spirit of sarcastic pleasantry, like Sir John Falstaff's celebrated +discourse on the same subject.) The only substantial result of the +conversation, however, was the written assurance of Mr. Seward, to be +communicated to the Commissioners, that "the Government will not +undertake to supply Fort Sumter without giving notice to Governor +Pickens." + +This, it will be observed, was a very material variation from the +positive pledge previously given, and reiterated, to the Commissioners, +to Governor Pickens, and to myself directly, that the fort was to be +forthwith evacuated. Judge Campbell, in his account of the interview, +says: "I asked him [Mr. Seward] whether I was to understand that there +had been a change in his former communications. His answer was, +'None.'"[159] + +About the close of the same week (the first in April), the patience of +the Commissioners having now been wellnigh exhausted, and the hostile +preparations of the Government of the United States, notwithstanding the +secrecy with which they were conducted, having become matter of general +rumor, a letter was addressed to Mr. Seward, upon the subject, by Judge +Campbell, in behalf of the Commissioners, again asking whether the +assurances so often given were well or ill founded. To this the +Secretary returned answer in writing: "_Faith as to Sumter fully kept. +Wait and see._" + +This was on the 7th of April.[160] The very next day (the 8th) the +following official notification (without date or signature) was read to +Governor Pickens, of South Carolina, and General Beauregard, in +Charleston, by Mr. Chew, an official of the _State Department_ (Mr. +Seward's) in Washington, who said--as did a Captain or Lieutenant +Talbot, who accompanied him--that it was from the President of the +United States, and delivered by him to Mr. Chew on the 6th--the day +_before_ Mr. Seward's assurance of "_faith fully kept_." + + "I am directed by the President of the United States to notify + you to expect an attempt will be made to supply Fort Sumter with + provisions only; and that, if such an attempt be not resisted, + no effort to throw in men, arms, or ammunition, will be made, + without further notice, or in case of an attack upon the + fort."[161] + +Thus disappeared the last vestige of the plighted faith and pacific +pledges of the Federal Government. + +In order fully to appreciate the significance of this communication, and +of the time and circumstances of its delivery, it must be borne in mind +that the naval expedition which had been secretly in preparation for +some time at New York, under direction of Captain Fox, was now ready to +sail, and might reasonably be expected to be at Charleston almost +immediately after the notification was delivered to Governor Pickens, +and before preparation could be made to receive it. Owing to +cross-purposes or misunderstandings in the Washington Cabinet, however, +and then to the delay caused by a severe storm at sea, this expectation +was disappointed, and the Confederate commander at Charleston had +opportunity to communicate with Montgomery and receive instructions for +his guidance, before the arrival of the fleet, which had been intended +to be a surprise. + +In publications made since the war by members of Mr. Lincoln's Cabinet, +it has been represented that, during the period of the disgraceful +transactions above detailed, there were dissensions and divisions in the +Cabinet--certain members of it urging measures of prompt and decided +coercion; the Secretary of State favoring a pacific or at least a +dilatory policy; and the President vacillating for a time between the +two, but eventually adopting the views of the coercionists. In these +statements it is represented that the assurances and pledges, given by +Mr. Seward to the Confederate Government and its Commissioners, were +given on his own authority, and without the consent or approval of the +President of the United States. The absurdity of any such attempt to +disassociate the action of the President from that of his Secretary, and +to relieve the former of responsibility for the conduct of the latter, +is too evident to require argument or comment. It is impossible to +believe that, during this whole period of nearly a month, Mr. Lincoln +was ignorant of the communications that were passing between the +Confederate Commissioners and Mr. Seward, through the distinguished +member of the Supreme Court--still holding his seat as such--who was +acting as intermediary. On one occasion, Judge Campbell informs us that +the Secretary, in the midst of an important interview, excused himself +for the purpose of conferring with the President before giving a final +answer, and left his visitor for some time, awaiting his return from +that conference, when the answer was given, avowedly and directly +proceeding from the President. + +If, however, it were possible to suppose that Mr. Seward was acting on +his own responsibility, and practicing a deception upon his own chief, +as well as upon the Confederate authorities, in the pledges which he +made to the latter, it is nevertheless certain that the principal facts +were brought to light within a few days after the close of the efforts +at negotiation. Yet the Secretary of State was not impeached and brought +to trial for the grave offense of undertaking to conduct the most +momentous and vital transactions that had been or could be brought +before the Government of the United States, without the knowledge and in +opposition to the will of the President, and for having involved the +Government in dishonor, if not in disaster. He was not even dismissed +from office, but continued to be the chief officer of the Cabinet and +confidential adviser of the President, as he was afterward of the +ensuing Administration, occupying that station during two consecutive +terms. No disavowal of his action, no apology nor explanation, was ever +made. Politically and legally, the President is unquestionably +responsible in all cases for the action of any member of his Cabinet, +and in this case it is as preposterous to attempt to dissever from him +the moral, as it would be impossible to relieve him of the legal, +responsibility that rests upon the Government of the United States for +the systematic series of frauds perpetrated by its authority. + +On the other hand, Mr. Seward, throughout the whole negotiation, was +fully informed of the views of his colleagues in the Cabinet and of the +President. Whatever his real hopes or purposes may have been in the +beginning, it is positively certain that long before the end, and while +still reiterating his assurances that the garrison would be withdrawn, +he knew that it had been _determined_, and that active preparations were +in progress, to strengthen it. + +Mr. Gideon Welles, who was Secretary of the Navy in Mr. Lincoln's +Cabinet, gives the following account of one of the transactions of the +period: + + "One evening in the latter part of the month of March, there was + a small gathering at the Executive Mansion, while the Sumter + question was still pending. The members of the Cabinet were soon + individually and quietly invited to the council-chamber, where, + as soon as assembled, the President informed them he had just + been advised by General Scott that it was expedient to evacuate + Fort Pickens, as well as Fort Sumter, which last was assumed at + military headquarters to be a determined fact, in conformity + with the views of Secretary Seward and the General-in-Chief.... + + "A brief silence followed the announcement of the amazing + recommendation of General Scott, when Mr. Blair, who had been + much annoyed by the vacillating course of the General-in-Chief + in regard to Sumter, remarked, looking earnestly at Mr. Seward, + that it was evident the old General was playing politician in + regard to both Sumter and Pickens; for it was not possible, if + there was a defense, for the rebels to take Pickens; and the + Administration would not be justified if it listened to his + advice and evacuated either. Very soon thereafter, I think at + the next Cabinet meeting, the President announced his decision + that _supplies should be sent to Sumter_, and issued + confidential orders to that effect. All were gratified with this + decision, except Mr. Seward, who still remonstrated, _but + preparations were immediately commenced to fit out an expedition + to forward supplies_."[162] + +This account is confirmed by a letter of Mr. Montgomery Blair.[163] The +date of the announcement of the President's final purpose is fixed by +Mr. Welles, in the neat paragraph to that above quoted, as the 28th of +March. This was four days before Mr. Seward's assurance given Judge +Campbell--after conference with the President--that there would be no +departure from the pledges previously given (which were that the fort +_would be evacuated_), and ten days before his written renewal of the +assurance--"_Faith as to Sumter fully kept. Wait and see!_" This +assurance, too, was given at the very moment when a messenger from his +own department was on the way to Charleston to notify the Governor of +South Carolina that faith would _not_ be kept in the matter. + +It is scarcely necessary to say that the Commissioners had, with good +reason, ceased to place any confidence in the promises of the United +States Government, before they ceased to be made. On the 8th of April +they sent the following dispatch to General Beauregard: + + "Washington, _April 8, 1861_. + + "General G. T. Beauregard: Accounts uncertain, because of the + constant vacillation of this Government. We were reassured + yesterday that the status of Sumter would not be changed without + previous notice to Governor Pickens, but we have no faith in + them. The war policy prevails in the Cabinet at this time. + + "M. J. Crawford." + +On the same day the announcement made to Governor Pickens through Mr. +Chew was made known. The Commissioners immediately applied for a +definitive answer to their note of March 12th, which had been permitted +to remain in abeyance. The paper of the Secretary of State, dated March +15th, was thereupon delivered to them. This paper, with the final +rejoinder of the Commissioners and Judge Campbell's letters to the +Secretary of April 13th and April 20th, respectively, will be found in +the Appendix. + +Negotiation was now at an end, and the Commissioners withdrew from +Washington and returned to their homes. Their last dispatch, before +leaving, shows that they were still dependent upon public rumor and the +newspapers for information as to the real purposes and preparations of +the Federal Administration. It was in these words: + + "Washington, _April 10, 1861_. + + "General G. T. Beauregard: The 'Tribune' of to-day declares the + main object of the expedition to be the relief of Sumter, and + that a force will be landed which will overcome all opposition. + + "Roman, Crawford, and Forsyth." + +The annexed extracts from my message to the Confederate Congress at the +opening of its special session, on the 29th of April, will serve as a +recapitulation of the events above narrated, with all of comment that it +was then, or is now, considered necessary to add: + + [_Extracts from President's Message to the Confederate Congress, + of April 29, 1861._] + + "... Scarce had you assembled in February last, when, prior even + to the inauguration of the Chief Magistrate you had elected, you + expressed your desire for the appointment of Commissioners, and + for the settlement of all questions of disagreement between the + two Governments upon principles of right, justice, equity, and + good faith. + + "It was my pleasure, as well as my duty, to cooeperate with you + in this work of peace. Indeed, in my address to you, on taking + the oath of office, and before receiving from you the + communication of this resolution, I had said that, as a + necessity, not as a choice, we have resorted to the remedy of + separating, and henceforth our energies must be directed to the + conduct of our own affairs, and the perpetuity of the + Confederacy which we have formed. If a just perception of mutual + interest shall permit us to peaceably pursue our separate + political career, my most earnest desire will then have been + fulfilled. + + "It was in furtherance of these accordant views of the Congress + and the Executive, that I made choice of three discreet, able, + and distinguished citizens, who repaired to Washington. Aided by + their cordial cooeperation and that of the Secretary of State, + every effort compatible with self-respect and the dignity of the + Confederacy was exhausted, before I allowed myself to yield to + the conviction that the Government of the United States was + determined to attempt the conquest of this people, and that our + cherished hopes of peace were unobtainable. + + "On the arrival of our Commissioners in Washington on the 5th of + March,[164] they postponed, at the suggestion of a friendly + intermediator, doing more than giving informal notice of their + arrival. This was done with a view to afford time to the + President of the United States, who had just been inaugurated, + for the discharge of other pressing official duties in the + organization of his Administration, before engaging his + attention to the object of their mission. + + "It was not until the 12th of the month that they officially + addressed the Secretary of State, informing him of the purpose + of their arrival, and stating in the language of their + instructions their wish to make to the Government of the United + States overtures for the opening of negotiations, assuring the + Government of the United States that the President, Congress, + and people of the Confederate States desired a peaceful solution + of these great questions; that it was neither their interest nor + their wish to make any demand which was not founded on the + strictest principles of justice, nor to do any act to injure + their late confederates. + + "To this communication, no formal reply was received until the + 8th of April. During the interval, the Commissioners had + consented to waive all questions of form, with the firm resolve + to avoid war, if possible. They went so far even as to hold, + during that long period, unofficial intercourse through an + intermediary, whose high position and character inspired the + hope of success, and through whom constant assurances were + received from the Government of the United States of its + peaceful intentions--of its determination to evacuate Fort + Sumter; and, further, that no measure would be introduced + changing the existing status prejudicial to the Confederate + States; that, in the event of any change in regard to Fort + Pickens, notice would be given to the Commissioners. + + "The crooked path of diplomacy can scarcely furnish an example + so wanting in courtesy, in candor, and directness, as was the + course of the United States Government toward our Commissioners + in Washington. For proof of this, I refer to the annexed + documents marked, (?) taken in connection with further facts, + which I now proceed to relate. + + "Early in April the attention of the whole country was attracted + to extraordinary preparations, in New York and other Northern + ports, for an extensive military and naval expedition. These + preparations were commenced in secrecy for an expedition whose + destination was concealed, and only became known when nearly + completed; and on the 5th, 6th, and 7th of April, transports and + vessels of war, with troops, munitions, and military supplies, + sailed from Northern ports, bound southward. + + "Alarmed by so extraordinary a demonstration, the Commissioners + requested the delivery of an answer to their official + communication of the 12th of March, and the reply, dated on the + 15th of the previous month, was obtained, from which it appears + that, during the whole interval, while the Commissioners were + receiving assurances calculated to inspire hope of the success + of their mission, the Secretary of State and the President of + the United States had already determined to hold no intercourse + with them whatever, to refuse even to listen to any proposals + they had to make; and had profited by the delay created by their + own assurances, in order to prepare secretly the means for + effective hostile operations. + + "That these assurances were given, has been virtually confessed + by the Government of the United States, by its act of sending a + messenger to Charleston to give notice of its purpose to use + force, if opposed in its intention of supplying Fort Sumter. + + "No more striking proof of the absence of good faith in the + conduct of the Government of the United States toward the + Confederacy can be required, than is contained in the + circumstances which accompanied this notice. + + "According to the usual course of navigation, the vessels + composing the expedition, and designed for the relief of Fort + Sumter, might be looked for in Charleston Harbor on the 9th of + April. Yet our Commissioners in Washington were detained under + assurances that notice should be given of any military movement. + The notice was not addressed to them, but a messenger was sent + to Charleston to give notice to the Governor of South Carolina, + and the notice was so given at a late hour on the 8th of April, + the eve of the very day on which the fleet might be expected to + arrive. + + "That this manoeuvre failed in its purpose was not the fault of + those who controlled it. A heavy tempest delayed the arrival of + the expedition, and gave time to the commander of our forces at + Charleston to ask and receive instructions of the Government." + ... + +[Footnote 150: Mr. Hunter, of Virginia.] + +[Footnote 151: This statement is in accord with a remark which Mr. +Buchanan made to the author at an earlier period of the same session, +with regard to the violence of Northern sentiment then lately indicated, +that he thought it not impossible that his homeward route would be +lighted by burning effigies of himself, and that on reaching his home he +would find it a heap of ashes.] + +[Footnote 152: See Appendix L.] + +[Footnote 153: Ibid.] + +[Footnote 154: See letter of Judge Campbell to Colonel George W. Munford +in "Papers of the Southern Historical Society," appended to "Southern +Magazine" for February, 1874.] + +[Footnote 155: "In the course of this conversation I told Judge Crawford +that it was fair to tell him that the opinion at Washington was, the +secession movements were short-lived; that his Government would wither +under sunshine, and that the effect of these measures might be as +supposed; that they might have a contrary effect, but that I did not +consider the effect. I wanted, above all other things, peace. I was +willing to accept whatever peace might bring, whether union or disunion. +I did not look beyond peace. He said he was willing to take all the +risks of sunshine."--(Letter of Judge Campbell to Colonel Munford, as +above.)] + +[Footnote 156: Letter to Colonel Munford, above quoted. The italics are +not in the original.] + +[Footnote 157: Message to the Legislature of South Carolina, November, +1861.] + +[Footnote 158: Letter to Colonel Munford, above cited.] + +[Footnote 159: Letter to Munford.] + +[Footnote 160: Judge Campbell, in his letter to Mr. Seward of April 13, +1861 (see Appendix L), written a few days after the transaction, gives +this date. In his letter to Colonel Munford, written more than twelve +years afterward, he says "Sunday, April 8th."] + +[Footnote 161: For this and other documents quoted relative to the +transactions of the period, see "The Record of Fort Sumter," compiled by +W. A. Harris, Columbia, South Carolina, 1862.] + +[Footnote 162: "Lincoln and Seward," New York, 1874, pp. 57, 58. The +italics are not in the original.] + +[Footnote 163: Ibid., pp. 64-69.] + +[Footnote 164: Mr. Crawford, as we have seen, had arrived some days +earlier. The statement in the message refers to the arrival of the full +commission, or a majority of it.] + + + + +CHAPTER XII. + + Protests against the Conduct of the Government of the United + States.--Senator Douglas's Proposition to evacuate the Forts, + and Extracts from his Speech in Support of it.--General Scott's + Advice.--Manly Letter of Major Anderson, protesting against the + Action of the Federal Government.--Misstatements of the Count of + Paris.--Correspondence relative to Proposed Evacuation of the + Fort.--A Crisis. + + +The course pursued by the Government of the United States with regard to +the forts had not passed without earnest remonstrance from the most +intelligent and patriotic of its own friends during the period of the +events which constitute the subject of the preceding chapter. In the +Senate of the United States, which continued in executive session for +several weeks after the inauguration of Mr. Lincoln, it was the subject +of discussion. Mr. Douglas, of Illinois--who was certainly not suspected +of sympathy with secession, or lack of devotion to the Union--on the +15th of March offered a resolution recommending the withdrawal of the +garrisons from all forts within the limits of the States which had +seceded, except those at Key West and the Dry Tortugas. In support of +this resolution he said: + + "We certainly can not justify the holding of forts there, much + less the recapturing of those which have been taken, unless we + intend to reduce those States themselves into subjection. I take + it for granted, no man will deny the proposition, that whoever + permanently holds Charleston and South Carolina is entitled to + the possession of Fort Sumter. Whoever permanently holds + Pensacola and Florida is entitled to the possession of Fort + Pickens. Whoever holds the States in whose limits those forts + are placed is entitled to the forts themselves, unless there is + something peculiar in the location of some particular fort that + makes it important for us to hold it for the general defense of + the whole country, its commerce and interests, instead of being + useful only for the defense of a particular city or locality. It + is true that Forts Taylor and Jefferson, at Key West and + Tortugas, are so situated as to be essentially national, and + therefore important to us without reference to our relations + with the seceded States. Not so with Moultrie, Johnson, Castle + Pinckney, and Sumter, in Charleston Harbor; not so with Pulaski, + on the Savannah River; not so with Morgan and other forts in + Alabama; not so with those other forts that were intended to + guard the entrance of a particular harbor for local defense.... + + "We can not deny that there is a Southern Confederacy, _de + facto_, in existence, with its capital at Montgomery. We may + regret it. _I_ regret it most profoundly; but I can not deny the + truth of the fact, painful and mortifying as it is.... I + proclaim boldly the policy of those with whom I act. We are for + peace." + +Mr. Douglas, in urging the maintenance of _peace_ as a motive for the +evacuation of the forts, was no doubt aware of the full force of his +words. He knew that their continued occupation was virtually a +declaration of war. + +The General-in-Chief of the United States Army, also, it is well known, +urgently advised the evacuation of the forts. But the most striking +protest against the coercive measures finally adopted was that of Major +Anderson himself. The letter in which his views were expressed has been +carefully suppressed in the partisan narratives of that period and +wellnigh lost sight of, although it does the highest honor to his +patriotism and integrity. It was written on the same day on which the +announcement was made to Governor Pickens of the purpose of the United +States Government to send supplies to the fort, and is worthy of +reproduction here:[165] + + [_Letter of Major Anderson, United States Army, protesting + against Fox's Plan for relieving Fort Sumter_.] + + "Fort Sumter, S. C., _April 8, 1861_. + + "_To Colonel L. Thomas, Adjutant-General United States Army_. + + "Colonel: I have the honor to report that the resumption of work + yesterday (Sunday) at various points on Morris Island, and the + vigorous prosecution of it this morning, apparently + strengthening all the batteries which are under the fire of our + guns, shows that they either have just received some news from + Washington which has put them on the _qui vive_, or that they + have received orders from Montgomery to commence operations + here. I am preparing, by the side of my barbette guns, + protection for our men from the shells which will be almost + continually bursting over or in our work. + + "I had the honor to receive, by yesterday's mail, the letter of + the Honorable Secretary of War, dated April 4th, and confess + that what he there states surprises me very greatly--following, + as it does, and contradicting so positively, the assurance Mr. + Crawford telegraphed he was 'authorized' to make. I trust that + this matter will be at once put in a correct light, as a + movement made now, when the South has been erroneously informed + that none such would be attempted, would produce most disastrous + results throughout our country. It is, of course, now too late + for me to give any advice in reference to the proposed scheme of + Captain Fox. I fear that its result can not fail to be + disastrous to all concerned. Even with his boat at our walls, + the loss of life (as I think I mentioned to Mr. Fox) in + unloading her will more than pay for the good to be accomplished + by the expedition, which keeps us, if I can maintain possession + of this work, out of position, surrounded by strong works which + must be carried to make this fort of the least value to the + United States Government. + + "We have not oil enough to keep a light in the lantern for one + night. The boats will have to, therefore, rely at night entirely + upon other marks. I ought to have been informed that this + expedition was to come. Colonel Lamon's remark convinced me that + the idea, merely hinted at to me by Captain Fox, would not be + carried out.[166] + + "We shall strive to do our duty, though I frankly say that my + heart is not in this war, which I see is to be thus commenced. + That God will still avert it, and cause us to resort to pacific + means to maintain our rights, is my ardent prayer! + + "I am, Colonel, very respectfully, + + "Your obedient servant, + + "Robert Anderson, + + "_Major 1st Artillery, commanding_." + +This frank and manly letter, although written with the reserve +necessarily belonging to a communication from an officer to his military +superiors, expressing dissatisfaction with orders, fully vindicates +Major Anderson from all suspicion of complicity or sympathy with the bad +faith of the Government which he was serving. It accords entirely with +the sentiments expressed in his private letter to me, already mentioned +as lost or stolen, and exhibits him in the attitude of faithful +performance of a duty inconsistent with his domestic ties and repugnant +to his patriotism. + +The "relief squadron," as with unconscious irony it was termed, was +already under way for Charleston, consisting, according to their own +statement, of eight vessels, carrying twenty-six guns and about fourteen +hundred men, including the troops sent for reenforcement of the +garrison. + +These facts became known to the Confederate Government, and it was +obvious that no time was to be lost in preparing for, and if possible +anticipating the impending assault. The character of the instructions +given General Beauregard in this emergency may be inferred from the +ensuing correspondence, which is here reproduced from contemporary +publications: + + "Charleston, _April 8th_. + + "L. P. Walker, _Secretary of War_. + + "An authorized messenger from President Lincoln just informed + Governor Pickens and myself that provisions will be sent to Fort + Sumter peaceably, or otherwise by force. + + (Signed) "G. T. Beauregard." + + "Montgomery, _10th_. + + "General G. T. Beauregard, _Charleston_. + + "If you have no doubt of the authorized character of the agent + who communicated to you the intention of the Washington + Government to supply Fort Sumter by force, you will at once + demand its evacuation, and, if this is refused, proceed, in such + a manner as you may determine, to reduce it. Answer. + + (Signed) "L. P. Walker, _Secretary of War_." + + "Charleston, _April 10th_. + + "L. P. Walker, _Secretary of War_. + + "The demand will be made to-morrow at twelve o'clock. + + (Signed) "G. T. Beauregard." + + "Montgomery, _April 10th_. + + "General Beauregard, _Charleston_. + + "Unless there are especial reasons connected with your own + condition, it is considered proper that you should make the + demand at an early hour. + + (Signed) "L. P. Walker, _Secretary of War_." + + "Charleston, _April 10th_. + + "L. P. Walker, _Secretary of War, Montgomery_. + + "The reasons are special for twelve o'clock. + + (Signed) "G. T. Beauregard." + + "Headquarters Provisional Army, C. S. A., + + "Charleston, S.C., _April 11, 1861, 2_ P. M. + + "Sir: The Government of the Confederate States has hitherto + forborne from any hostile demonstration against Fort Sumter, in + the hope that the Government of the United States, with a view + to the amicable adjustment of all questions between the two + Governments, and to avert the calamities of war, would + voluntarily evacuate it. There was reason at one time to believe + that such would be the course pursued by the Government of the + United States; and, under that impression, my Government has + refrained from making any demand for the surrender of the fort. + + "But the Confederate States can no longer delay assuming actual + possession of a fortification commanding the entrance of one of + their harbors, and necessary to its defense and security. + + "I am ordered by the Government of the Confederate States to + demand the evacuation of Fort Sumter. My aides, Colonel Chesnut + and Captain Lee, are authorized to make such demand of you. All + proper facilities will be afforded for the removal of yourself + and command, together with company arms and property, and all + private property, to any post in the United States which you may + elect. The flag which you have upheld so long and with so much + fortitude, under the most trying circumstances, may be saluted + by you on taking it down. + + "Colonel Chesnut and Captain Lee will, for a reasonable time, + await your answer. + + "I am, sir, very respectfully, your obedient servant, + + (Signed) "G. T. Beauregard, + + "_Brigadier-General commanding_. + + "Major Robert Anderson, + + "_Commanding at Fort Sumter, Charleston Harbor, S. C._" + + "Headquarters Fort Sumter, S. C., _April 11, 1861_. + + "General: I have the honor to acknowledge the receipt of your + communication demanding the evacuation of this fort; and to say + in reply thereto that it is a demand with which I regret that my + sense of honor and of my obligations to my Government prevents + my compliance. + + "Thanking you for the fair, manly, and courteous terms proposed, + and for the high compliment paid me, + + "I am, General, very respectfully, your obedient servant, + + (Signed) "Robert Anderson, + + "_Major U. S. Army, commanding_. + + "To Brigadier-General G. T. Beauregard, + + "_Commanding Provisional Army, C. S. A._" + + "Montgomery, _April 11th_. + + "General Beauregard, _Charleston_. + + "We do not desire needlessly to bombard Fort Sumter, if Major + Anderson will state the time at which, as indicated by him, he + will evacuate, and agree that, in the mean time, he will not use + his guns against us, unless ours should be employed against Fort + Sumter. You are thus to avoid the effusion of blood. If this or + its equivalent be refused, reduce the fort as your judgment + decides to be most practicable. + + (Signed) "L. P. Walker, _Secretary of War_." + + "Headquarters Provisional Army, C. S. A., + + "Charleston, _April 11, 1861, 11_ P. M. + + "Major: In consequence of the verbal observations made by you to + my aides, Messrs. Chesnut and Lee, in relation to the condition + of your supplies, and that you would in a few days be starved + out if our guns did not batter you to pieces--or words to that + effect--and desiring no useless effusion of blood, I + communicated both the verbal observation and your written answer + to my Government. + + "If you will state the time at which you will evacuate Fort + Sumter, and agree that in the mean time you will not use your + guns against us, unless ours shall be employed against Fort + Sumter, we will abstain from opening fire upon you. Colonel + Chesnut and Captain Lee are authorized by me to enter into such + an agreement with you. You are therefore requested to + communicate to them an open answer. + + "I remain, Major, very respectfully, + + "Your obedient servant, + + (Signed) "G. T. Beauregard, + + "_Brigadier-General commanding_. + + "Major Robert Anderson, + + "_Commanding at Fort Sumter, Charleston Harbor, S. C._" + + "Headquarters Fort Sumter, S. C., _2.30_ A. M., _April 12, + 1861_. + + "General: I have the honor to acknowledge the receipt of your + second communication of the 11th instant, by Colonel Chesnut, + and to state, in reply, that, cordially uniting with you in the + desire to avoid the useless effusion of blood, I will, if + provided with the proper and necessary means of transportation, + evacuate Fort Sumter by noon on the 15th instant, should I not + receive, prior to that time, controlling instructions from my + Government, or additional supplies; and that I will not, in the + mean time, open my fire upon your forces unless compelled to do + so by some hostile act against this fort, or the flag of my + Government, by the forces under your command, or by some portion + of them, or by the perpetration of some act showing a hostile + intention on your part against this fort or the flag it bears. + + "I have the honor to be, General, + + "Your obedient servant, + + (Signed) "Robert Anderson, + + "_Major U. S. Army, commanding_. + + "To Brigadier-General G. T. Beauregard, + + "_Commanding Provisional Army, C. S. A._" + + "Fort Sumter, S. C., _April 12, 1861, _3.20_ A. M. + + "Sir: By authority of Brigadier-General Beauregard, commanding + the provisional forces of the Confederate States, we have the + honor to notify you that he will open the fire of his batteries + on Fort Sumter in one hour from this time. + + "We have the honor to be, very respectfully, + + "Your obedient servants, + + (Signed) "James Chesnut, Jr, + + "_Aide-de-camp_. + + (Signed) "Stephen D. Lee, + + "_Captain S. C. Army, and Aide-de-camp_. + + "Major Robert Anderson, + + "_United States Army, commanding Fort Sumter_." + +It is essential to a right understanding of the last two letters to give +more than a superficial attention to that of Major Anderson, bearing in +mind certain important facts not referred to in the correspondence. +Major Anderson had been requested to state the time at which he _would +evacuate_ the fort, if unmolested, agreeing in the mean time not to use +his guns against the city and the troops defending it unless _Fort +Sumter_ should be first attacked by them. On these conditions General +Beauregard offered to refrain from opening fire upon him. In his reply +Major Anderson promises to evacuate the fort on the 15th of April, +_provided_ he should not, before that time, receive "controlling +instructions" or "additional supplies" from his Government. He +furthermore offers to pledge himself not to open fire upon the +Confederates, unless in the mean time compelled to do so by some hostile +act against the fort _or the flag of his Government_. + +Inasmuch as it was known to the Confederate commander that the +"controlling instructions" were already issued, and that the "additional +supplies" were momentarily expected; inasmuch, also, as any attempt to +introduce the supplies would compel the opening of fire upon the vessels +bearing them under the flag of the United States--thereby releasing +Major Anderson from his pledge--it is evident that his conditions could +not be accepted. It would have been merely, after the avowal of a +hostile determination by the Government of the United States, to await +an inevitable conflict with the guns of Fort Sumter and the naval forces +of the United States in combination; with no possible hope of averting +it, unless in the improbable event of a delay of the expected fleet for +nearly four days longer. (In point of fact, it arrived off the harbor on +the same day, but was hindered by a gale of wind from entering it.) +There was obviously no other course to be pursued than that announced in +the answer given by General Beauregard. + +It should not be forgotten that, during the early occupation of Fort +Sumter by a garrison the attitude of which was at least offensive, no +restriction had been put upon their privilege of purchasing in +Charleston fresh provisions, or any delicacies or comforts not directly +tending to the supply of the means needful to hold the fort for an +indefinite time. + + +[Footnote 165: See "The Record of Fort Sumter," p. 37.] + +[Footnote 166: The Count of Paris libels the memory of Major Anderson, +and perverts the truth of history in this, as he has done in other +particulars, by saying, with reference to the visit of Captain Fox to +the fort, that, "having visited Anderson at Fort Sumter, _a plan had +been agreed upon between them for revictualing the garrison_."--("Civil +War in America," authorized translation, vol. i, chap. iv, p. 137.) Fox +himself says, in his published letter, "I made no arrangements with +Major Anderson in for supplying the fort, nor did I inform him of my +plan"; and Major Anderson, in the letter above, says the idea had been +"merely hinted at" by Captain Fox, and that Colonel Lamon had led him to +believe that it had been abandoned.] + + + + +CHAPTER XIII. + + A Pause and a Review.--Attitude of the Two Parties.--Sophistry + exposed and Shams torn away.--Forbearance of the Confederate + Government.--Who was the Aggressor?--Major Anderson's View, and + that of a Naval Officer.--Mr. Horace Greeley on the Fort Sumter + Case.--The Bombardment and Surrender.--Gallant Action of + ex-Senator Wigfall.--Mr. Lincoln's Statement of the Case. + + +Here, in the brief hour immediately before the outburst of the +long-gathering storm, although it can hardly be necessary for the reader +who has carefully considered what has already been written, we may pause +for a moment to contemplate the attitude of the parties to the contest +and the grounds on which they respectively stand. I do not now refer to +the original causes of controversy--to the comparative claims of +Statehood and Union, or to the question of the right or the wrong of +secession--but to the proximate and immediate causes of conflict. + +The fact that South Carolina _was_ a State--whatever her relations may +have been to the other States--is not and can not be denied. It is +equally undeniable that the ground on which Fort Sumter was built was +ceded by South Carolina to the United States _in trust_ for the defense +of her own soil and her own chief harbor. This has been shown, by ample +evidence, to have been the principle governing all cessions by the +States of sites for military purposes, but it applies with special force +to the case of Charleston. The streams flowing into that harbor, from +source to mouth, lie entirely within the limits of the State of South +Carolina. No other State or combination of States could have any +distinct interest or concern in the maintenance of a fortress at that +point, unless as a means of aggression against South Carolina herself. +The practical view of the case was correctly stated by Mr. Douglas, when +he said: "I take it for granted that whoever permanently holds +Charleston and South Carolina is entitled to the possession of Fort +Sumter. Whoever permanently holds Pensacola and Florida is entitled to +the possession of Fort Pickens. Whoever holds the States in whose limits +those forts are placed is entitled to the forts themselves, unless there +is something peculiar in the location of some particular fort that makes +it important for us to hold it for the general defense of the whole +country, its commerce and interests, instead of being useful only for +the defense of a particular city or locality." + +No such necessity could be alleged with regard to Fort Sumter. The claim +to hold it as "public property" of the United States was utterly +untenable and unmeaning, apart from a claim of coercive control over the +State. If South Carolina was a mere province, in a state of open +rebellion, the Government of the United States had a right to retain its +hold of any fortified place within her limits which happened to be in +its possession, and it would have had an equal right to acquire +possession of any other. It would have had the same right to send an +army to Columbia to batter down the walls of the State Capitol. The +subject may at once be stripped of the sophistry which would make a +distinction between the two cases. The one was as really an act of war +as the other would have been. The right or the wrong of either depended +entirely upon the question of the rightful power of the Federal +Government to coerce a State into submission--a power which, as we have +seen, was unanimously rejected in the formation of the Federal +Constitution, and which was still unrecognized by many, perhaps by a +majority, even of those who denied the right of a State to secede. + +If there existed any hope or desire for a peaceful settlement of the +questions at issue between the States, either party had a right to +demand that, pending such settlement, there should be no hostile grasp +upon its throat. This grip had been held on the throat of South Carolina +for almost four months from the period of her secession, and no forcible +resistance to it had yet been made. Remonstrances and patient, +persistent, and reiterated attempts at negotiation for its removal had +been made with two successive Administrations of the Government of the +United States--at first by the State of South Carolina, and by the +Government of the Confederate States after its formation. These efforts +had been met, not by an open avowal of coercive purposes, but by +evasion, prevarication, and perfidy. The agreement of one Administration +to maintain the _status quo_ at the time when the question arose, was +violated in December by the removal of the garrison from its original +position to the occupancy of a stronger. Another attempt was made to +violate it, in January, by the introduction of troops concealed below +the deck of the steamer Star of the West,[167] but this was thwarted by +the vigilance of the State service. The protracted course of fraud and +prevarication practiced by Mr. Lincoln's Administration in the months of +March and April has been fully exhibited. It was evident that no +confidence whatever could be reposed in any pledge or promise of the +Federal Government as then administered. Yet, notwithstanding all this, +no resistance, other than that of pacific protest and appeals for an +equitable settlement, was made, until after the avowal of a purpose of +coercion, and when it was known that a hostile fleet was on the way to +support and enforce it. At the very moment when the Confederate +commander gave the final notice to Major Anderson of his purpose to open +fire upon the fort, that fleet was lying off the mouth of the harbor, +and hindered from entering only by a gale of wind. + +The forbearance of the Confederate Government, under the circumstances, +is perhaps unexampled in history. It was carried to the extreme verge, +short of a disregard of the safety of the people who had intrusted to +that government the duty of their defense against their enemies. The +attempt to represent us as the _aggressors_ in the conflict which ensued +is as unfounded as the complaint made by the wolf against the lamb in +the familiar fable. He who makes the assault is not necessarily he that +strikes the first blow or fires the first gun. To have awaited further +strengthening of their position by land and naval forces, with hostile +purpose now declared, for the sake of having them "fire the first gun," +would have been as unwise as it would be to hesitate to strike down the +arm of the assailant, who levels a deadly weapon at one's breast, until +he has actually fired. The disingenuous rant of demagogues about "firing +on the flag" might serve to rouse the passions of insensate mobs in +times of general excitement, but will be impotent in impartial history +to relieve the Federal Government from the responsibility of the assault +made by sending a hostile fleet against the harbor of Charleston, to +cooeperate with the menacing garrison of Fort Sumter. After the assault +was made by the hostile descent of the fleet, the reduction of Fort +Sumter was a measure of defense rendered absolutely and immediately +necessary. + +Such clearly was the idea of the commander of the Pawnee, when he +declined, as Captain Fox informs us, without orders from a superior, to +make any effort to enter the harbor, "there to inaugurate civil war." +The straightforward simplicity of the sailor had not been perverted by +the shams of political sophistry. Even Mr. Horace Greeley, with all his +extreme partisan feeling, is obliged to admit that, "whether the +bombardment and reduction of Fort Sumter shall or shall not be justified +by posterity, it is clear that the Confederacy had no alternative but +its own dissolution."[168] + +According to the notice given by General Beauregard, fire was opened +upon Fort Sumter, from the various batteries which had been erected +around the harbor, at half-past four o'clock on the morning of Friday, +the 12th of April, 1861. The fort soon responded. It is not the purpose +of this work to give minute details of the military operation, as the +events of the bombardment have been often related, and are generally +well known, with no material discrepancy in matters of fact among the +statements of the various participants. It is enough, therefore, to add +that the bombardment continued for about thirty-three or thirty-four +hours. The fort was eventually set on fire by shells, after having been +partly destroyed by shot, and Major Anderson, after a resolute defense, +finally surrendered on the 13th--the same terms being accorded to him +which had been offered two days before. It is a remarkable +fact--probably without precedent in the annals of war--that, +notwithstanding the extent and magnitude of the engagement, the number +and caliber of the guns, and the amount of damage done to inanimate +material on both sides, especially to Fort Sumter, nobody was injured on +either side by the bombardment. The only casualty attendant upon the +affair was the death of one man and the wounding of several others by +the explosion of a gun in the firing of a salute to their flag by the +garrison on evacuating the fort the day after the surrender. + +A striking incident marked the close of the bombardment. Ex-Senator +Louis T. Wigfall, of Texas--a man as generous as he was recklessly +brave--when he saw the fort on fire, supposing the garrison to be +hopelessly struggling for the honor of its flag, voluntarily and without +authority, went under fire in an open boat to the fort, and climbing +through one of its embrasures asked for Major Anderson, and insisted +that he should surrender a fort which it was palpably impossible that he +could hold. Major Anderson agreed to surrender on the same terms and +conditions that had been offered him before his works were battered in +breach, and the agreement between them to that effect was promptly +ratified by the Confederate commander. Thus unofficially was inaugurated +the surrender and evacuation of the fort. + +The President of the United States, in his message of July 4, 1861, to +the Federal Congress convened in extra session, said: + + "It is thus seen that the assault upon and reduction of Fort + Sumter was in no sense a matter of self-defense on the part of + the assailants. They well knew that the garrison in the fort + could by no possibility commit aggression upon them. They + knew--they were expressly notified--that the giving of bread to + the few brave and hungry men of the garrison was all which would + on that occasion be attempted, unless themselves, by resisting + so much, should provoke more." + +Mr. Lincoln well knew that, if the brave men of the garrison were +hungry, they had only him and his trusted advisers to thank for it. They +had been kept for months in a place where they ought not to have been, +contrary to the judgment of the General-in-Chief of his army, contrary +to the counsels of the wisest statesmen in his confidence, and the +protests of the commander of the garrison. A word from him would have +relieved them at any moment in the manner most acceptable to them and +most promotive of peaceful results. + +But, suppose the Confederate authorities had been disposed to yield, and +to consent to the introduction of supplies for the maintenance of the +garrison, what assurance would they have had that nothing further would +be attempted? What reliance could be placed in any assurances of the +Government of the United States after the experience of the attempted +_ruse_ of the Star of the West and the deceptions practiced upon the +Confederate Commissioners in Washington? He says we were "expressly +notified" that nothing more "would _on that occasion_ be attempted"--the +words in italics themselves constituting a very significant though +unobtrusive and innocent-looking limitation. But we had been just as +expressly notified, long before, that the garrison would be withdrawn. +It would be as easy to violate the one pledge as it had been to break +the other. + +Moreover, the so-called notification was a mere memorandum, without +date, signature, or authentication of any kind, sent to Governor +Pickens, not by an accredited agent, but by a subordinate employee of +the State Department. Like the oral and written pledges of Mr. Seward, +given through Judge Campbell, it seemed to be carefully and purposely +divested of every attribute that could make it binding and valid, in +case its authors should see fit to repudiate it. It was as empty and +worthless as the complaint against the Confederate Government based upon +it, is disingenuous. + + +[Footnote 167: See the report of her commander, Captain McGowan, who +says he took on board, in the harbor of New York, four officers and two +hundred soldiers. Arriving off Charleston, he says, "_The soldiers were +now all put below_, and no one allowed on deck except our own crew."] + +[Footnote 168: "American Conflict," vol. i, chap, xxix, p. 449.] + + + + +PART IV. + +_THE WAR._ + +CHAPTER I. + + Failure of the Peace Congress.--Treatment of the + Commissioners.--Their Withdrawal.--Notice of an Armed + Expedition.--Action of the Confederate Government.--Bombardment + and Surrender of Fort Sumter.--Its Reduction required by the + Exigency of the Case.--Disguise thrown off.--President Lincoln's + Call for Seventy-five Thousand Men.--His Fiction of + "Combinations."--Palpable Violation of the Constitution.--Action + of Virginia.--Of Citizens of Baltimore.--The Charge of + Precipitation against South Carolina.--Action of the Confederate + Government.--The Universal Feeling. + + +The Congress, initiated by Virginia for the laudable purpose of +endeavoring, by constitutional means, to adjust all the issues which +threatened the peace of the country, failed to achieve anything that +would cause or justify a reconsideration by the seceded States of their +action to reclaim the grants they had made to the General Government, +and to maintain for themselves a separate and independent existence. + +The Commissioners sent by the Confederate Government, after having been +shamefully deceived, as has been heretofore fully set forth, left the +United States capital to report the result of their mission to the +Confederate Government. + +The notice received, that an armed expedition had sailed for operations +against the State of South Carolina in the harbor of Charleston, induced +the Confederate Government to meet, as best it might, this assault, in +the discharge of its obligation to defend each State of the Confederacy. +To this end the bombardment of the formidable work, Fort Sumter, was +commenced, in anticipation of the reenforcement which was then moving to +unite with its garrison for hostilities against South Carolina. + +The bloodless bombardment and surrender of Fort Sumter occurred on April +13, 1861. The garrison was generously permitted to retire with the +honors of war. The evacuation of that fort, commanding the entrance to +the harbor of Charleston, which, if in hostile hands, was destructive of +its commerce, had been claimed as the right of South Carolina. The +voluntary withdrawal of the garrison by the United States Government had +been considered, and those best qualified to judge believed it had been +promised. Yet, when instead of the fulfillment of just expectations, +instead of the withdrawal of the garrison, a hostile expedition was +organized and sent forward, the urgency of the case required its +reduction before it should be reenforced. Had there been delay, the more +serious conflict between larger forces, land and naval, would scarcely +have been bloodless, as the bombardment fortunately was. The event, +however, was seized upon to inflame the mind of the Northern people, and +the disguise which had been worn in the communications with the +Confederate Commissioners was now thrown off, and it was cunningly +attempted to show that the South, which had been pleading for peace and +still stood on the defensive, had by this bombardment inaugurated a war +against the United States. But it should be stated that the threats +implied in the declarations that the Union could not exist part slave +and part free, and that the Union should be preserved, and the denial of +the right of a State peaceably to withdraw, were virtually a declaration +of war, and the sending of an army and navy to attack was the result to +have been anticipated as the consequence of such declaration of war. + +On the 15th day of the same month, President Lincoln, introducing his +farce "of combinations too powerful to be suppressed by the ordinary +course of judicial proceedings," called forth the military of the +several States to the number of seventy-five thousand, and commanded +"the persons composing the combinations" to disperse, etc. It can but +surprise any one in the least degree conversant with the history of the +Union, to find States referred to as "persons composing combinations," +and that the sovereign creators of the Federal Government, the States of +the Union, should be commanded by their agent to disperse. The levy of +so large an army could only mean war; but the power to declare war did +not reside in the President--it was delegated to the Congress only. If, +however, it had been a riotous combination or an insurrection, it must +have been, according to the Constitution, against the State; and the +power of the President to call forth the militia to suppress it, was +dependent upon an application from the State for that purpose; it could +not precede such application, and still less could it be rightfully +exercised against the will of a State. The authorities on this subject +have been heretofore cited, and need not be referred to again. + +Suffice it to say that, by section 4, Article IV, of the Constitution, +the United States are bound to protect each State against invasion and +against domestic violence, whenever application shall have been made by +the Legislature, or by the Executive when the Legislature can not be +convened; and that to fail to give protection against any invasion +whatsoever would be a dereliction of duty. To add that there could be no +justification for the invasion of a State by an army of the United +States, is but to repeat what has been said, on the absence of any +authority in the General Government to coerce a State. In any possible +view of the case, therefore, the conclusion must be, that the calling on +some of the States for seventy-five thousand militia to invade other +States which were asserted to be still in the Union, was a palpable +violation of the Constitution, and the usurpation of undelegated power, +or, in other words, of power reserved to the States or to the people. + +It might, therefore, have been anticipated that Virginia--one of whose +sons wrote the Declaration of Independence, another of whose sons led +the armies of the United States in the Revolution which achieved their +independence, and another of whose sons mainly contributed to the +adoption of the Constitution of the Union--would not have been slow, in +the face of such events, to reclaim the grants she had made to the +General Government, and to withdraw from the Union, to the establishment +of which she had so largely contributed. + +Two days had elapsed between the surrender of Fort Sumter and the +proclamation of President Lincoln calling for seventy-five thousand +militia as before stated. Two other days elapsed, and Virginia passed +her ordinance of secession, and two days thereafter the citizens of +Baltimore resisted the passage of troops through that city on their way +to make war upon the Southern States. Thus rapidly did the current of +events bear us onward from peace to the desolating war which was soon to +ensue. + +The manly effort of the unorganized, unarmed citizens of Baltimore to +resist the progress of armies for the invasion of her Southern sisters, +was worthy of the fair fame of Maryland; becoming the descendants of the +men who so gallantly fought for the freedom, independence, and +sovereignty of the States. + +The bold stand, then and thereafter taken, extorted a promise from the +Executive authorities that no more troops should be sent through the +city of Baltimore, which promise, however, was only observed until, by +artifice, power had been gained to disregard it. + +Virginia, as has been heretofore stated, passed her ordinance of +secession on the 17th of April. It was, however, subject to ratification +by the people at an election to be held on the fourth Thursday of May. +She was in the mean time, like her Southern sisters, the object of +Northern hostilities, and, having a common cause with them, properly +anticipated the election of May by forming an alliance with the +Confederate States, which was ratified by the Convention on the 25th of +April. + +The Convention for that alliance set forth that Virginia, looking to a +speedy union with the Confederate States, and for the purpose of meeting +pressing exigencies, agreed that "the whole military force and military +operations, offensive and defensive, of said Commonwealth, in the +impending conflict with the United States, shall be under the chief +control and direction of the President of the said Confederate States." +The whole was made subject to the approval and ratification of the +proper authorities of both governments respectively. + +To those who criticise South Carolina as having acted precipitately in +withdrawing from the Union, it may be answered that intervening +occurrences show that her delay could not have changed the result; and, +further, that her prompt action had enabled her better to prepare for +the contingency which it was found impossible to avert. Thus she was +prepared in the first necessities of Virginia to send to her troops +organized and equipped. + +Before the convention for cooeperation with the Confederate States had +been adopted by Virginia, that knightly soldier, General Bonham, of +South Carolina, went with his brigade to Richmond; and, throughout the +Southern States, there was a prevailing desire to rush to Virginia, +where it was foreseen that the first great battles of the war were to be +fought; so that, as early as the 22d of April, I telegraphed to Governor +Letcher that, in addition to the forces heretofore ordered, requisitions +had been made for thirteen regiments, eight to rendezvous at Lynchburg, +four at Richmond, and one at Harper's Ferry. Referring to an application +that had been made to him from Baltimore, I wrote: "Sustain Baltimore if +practicable. We will reenforce you." The universal feeling was that of a +common cause and common destiny. There was no selfish desire to linger +around home, no narrow purpose to separate local interests from the +common welfare. The object was to sustain a principle--the broad +principle of constitutional liberty, the right of self-government. + +The early demonstrations of the enemy showed that Virginia was liable to +invasion from the north, from the east, and from the west. Though the +larger preparation indicated that the most serious danger to be +apprehended was from the line of the Potomac, the first conflicts +occurred in the east. + +The narrow peninsula between the James and York Rivers had topographical +features well adapted to defense. It was held by General John B. +Magruder, who skillfully improved its natural strength by artificial +means, and there, on the ground memorable as the field of the last +battle of the Revolution, in which General Washington compelled Lord +Cornwallis to surrender, Magruder, with a small force, held for a long +time the superior forces of the enemy in check. + + + + +CHAPTER II. + + The Supply of Arms; of Men.--Love of the Union.--Secessionists + few.--Efforts to prevent the Final Step.--Views of the + People.--Effect on their Agriculture.--Aid from African + Servitude.--Answer to the Clamors on the Horrors of + Slavery.--Appointment of a Commissary-General.--His Character + and Capacity.--Organization, Instruction, and Equipment of the + Army.--Action of Congress.--The Law.--Its Signification.--The + Hope of a Peaceful Solution early entertained; rapidly + diminished.--Further Action of Congress.--Policy of the + Government for Peace.--Position of Officers of United States + Army.--The Army of the States, not of the Government.--The + Confederate Law observed by the Government.--Officers retiring + from United States Army.--Organization of Bureaus. + + +The question of supplying arms and munitions of war was the first +considered, because it was the want for which it was the most difficult +to provide. Of men willing to engage in the defense of their country, +there were many more than we could arm. + +Though the prevailing sentiment of the Southern people was a cordial +attachment to the Union as it was formed by their fathers, their love +was for the spirit of the compact, for the liberties it was designed to +secure, for the self-government and State sovereignty which had been won +by separation from the mother-country, and transmitted to them by their +Revolutionary sires as a legacy for their posterity for ever. The number +of those who desired to dissolve the Union, even though the Constitution +should be faithfully observed--those who, in the language of the day, +were called "secessionists _per se_"--was so small as not to be felt in +any popular decision; but the number of those who held that the States +had surrendered their sovereignty, and had no right to secede from the +Union, was so inappreciably small, if indeed any such existed, that I +can not recall the fact of a single Southern advocate of that opinion. +The assertion of the right is not to be confounded with a readiness to +exercise it. Many who had no doubt as to the right, looked upon its +exercise with reluctance amounting to sorrow, and claimed that it should +be the last resort, only to be adopted as the alternative to a surrender +of the equality in the Union of States, free, sovereign, and +independent. Of that class, forming a large majority of the people of +Mississippi, I may speak with the confidence of one who belonged to it. +Thus, after the Legislature of Mississippi had enacted a law for a +convention which, representing the sovereignty of the State, should +consider the propriety of passing an ordinance to reassume the grants +made to the General Government, and withdraw from the Union, I, as a +United States Senator of Mississippi, retained my position in the +Senate, and sought by every practicable mode to obtain such measures as +would allay the excitement and afford to the South such security as +would prevent the final step, the ordinance of secession from the Union. + +When the last hope of preserving the Union of the Constitution was +extinguished, and the ordinance of secession was enacted by the +Convention of Mississippi, which was the highest authority known under +our form of government, the question of the expediency of adopting that +remedy was no longer open to inquiry by one who acknowledged his +allegiance as due to the State of which he was a citizen. To evade the +responsibilities resulting from the decree of his sovereign, the people, +would be craven; to resist it would be treason. The instincts and +affections of the citizens of Mississippi led them with great unanimity +to the duty of maintaining and defending their State, without pausing to +ask what would be the consequences of refusing obedience to its mandate. +A like feeling pervaded all of the seceding States, and it was not only +for the military service, but for every service which would strengthen +and sustain the Confederacy, that an enthusiasm pervading all classes, +sexes, and ages was manifested. + +Though our agricultural products had been mainly for export, insomuch +that in the planting States the necessary food-supplies were to a +considerable extent imported from the West, and it would require that +the habits of the planters should be changed from the cultivation of +staples for export to the production of supplies adequate for home +consumption and the support of armies in the field, yet, even under the +embarrassments of war, this was expected, and for a long time the result +justified the expectation, extraordinary as it must appear when viewed +by comparison with other people who have been subjected to a like +ordeal. Much of our success was due to the much-abused institution of +African servitude, for it enabled the white men to go into the army, and +leave the cultivation of their fields and the care of their flocks, as +well as of their wives and children, to those who, in the language of +the Constitution, were "held to service or labor." A passing remark may +here be appropriate as to the answer thus afforded to the clamor about +the "horrors of slavery." + +Had these Africans been a cruelly oppressed people, restlessly +struggling to be freed from their bonds, would their masters have dared +to leave them, as was done, and would they have remained as they did, +continuing their usual duties, or could the proclamation of emancipation +have been put on the plea of a military necessity, if the fact had been +that the negroes were forced to serve, and desired only an opportunity +to rise against their masters? It will be remembered that, when the +proclamation was issued, it was confessed by President Lincoln to be a +nullity beyond the limit within which it could be enforced by the +Federal troops. + +To direct the production, preservation, collection, and distribution of +food for the army required a man of rare capacity and character at the +head of the subsistence department. It was our good fortune to have such +an one in Colonel L. B. Northrop, who was appointed commissary-general +at the organization of the bureaus of the executive department of the +Confederate Government. He had been an officer of the United States +Army, had served in various parts of the South, had been for some time +on duty in the commissariat, and, to the special and general knowledge +thus acquired, added strong practical sense and incorruptible integrity. +Of him and the operations of the subsistence department I shall have +more to say hereafter, when treating of the bureaus of the Confederacy. + +Assured of an army as large as the population of the Confederate States +could furnish, and a sufficient supply of subsistence for such an army, +at least until the chances of war should interfere with production and +transportation, the immediate object of attention was the organization, +instruction, and equipment of the army. + +As heretofore stated, there was a prevailing belief that there would be +no war, or, if any, that it would be of very short duration. Therefore +the first bill which passed the provisional Congress provided for +receiving troops for short periods--as my memory serves, for sixty days. +The chairman of the Committee on Military Affairs, the heroic Colonel +Bartow, who sealed his devotion to the cause with his life's blood on +the field of Manassas, in deference to my earnest remonstrance against +such a policy, returned with the bill to the House (the Congress then +consisted of but one House), and procured a modification by which the +term of service was extended to twelve months unless sooner discharged. + +I had urged upon him, in our conference, the adoption of a much longer +period, but he assured me that one year was as much as the Congress +would agree to. On this, as on other occasions, that Congress showed a +generous desire to yield their preconceived opinions to my objections as +far as they consistently could, and, there being but one House, it was +easier to change the terms of a bill after conference with the Executive +than when, under the permanent organization, objections had to be +formally communicated in a message to that branch of Congress in which +the bill originated, and when the whole proceeding was of record. + +This first act to provide for the public defense became a law on the +28th of February, 1861, and its fifth section so clearly indicates the +opinions and expectations prevailing when the Confederation was formed, +that it is inserted here: + + "That the President be further authorized to receive into the + service of this Government such forces now in the service of + said States (Confederate States) as may be tendered, or who may + volunteer by consent of their State, in such numbers as he may + require for any time not less than twelve months unless sooner + discharged." + +The supremacy of the States is the controlling idea. The President was +authorized to receive from the several States the arms and munitions +which they might desire to transfer to the Government of the Confederate +States, and he was also authorized to receive the forces which the +States might tender, or any which should volunteer by the _consent of +their State_, for any time not less than twelve months unless sooner +discharged; and such forces were to be received with their officers by +companies, battalions, or regiments, and the President, by and with the +advice and consent of Congress, was to appoint such general officer or +officers for said forces as might be necessary for the service. + +It will be seen that the arms and munitions within the limits of the +several States were regarded as entirely belonging to them; that the +forces which were to constitute the provisional army could only be drawn +from the several States by their consent, and that these were to be +organized under State authority and to be received with their officers +so appointed; that the lowest organization was to be that of a company +and the highest that of a regiment, and that the appointment of general +officers to command these forces was confided to the Government of the +Confederate States, should the assembling of large bodies of troops +require organization above that of a regiment; and it will also be +observed that provision was made for the discharge of the forces so +provided for, before the term of service fixed by the law. No one will +fail to perceive how little was anticipated a war of the vast +proportions and great duration which ensued, and how tenaciously the +sovereignty and self-government of the States were adhered to. At a +later period (March 16, 1861) the Congress adopted resolutions +recommending to the respective States to "cede the forts, arsenals, +navy-yards, dock-yards, and other public establishments within their +respective limits to the Confederate States," etc. + +The hope which was early entertained of a peaceful solution of the +issues pending between the Confederate States and the United States +rapidly diminished, so that we find on the 6th of March that the +Congress, in its preamble to an act to provide for the public defense, +begins with the declaration that, "in order to provide speedily forces +to repel invasion," etc., authorized the President to employ the +militia, and to ask for and accept the services of any number of +volunteers, not exceeding one hundred thousand, and to organize +companies into battalions, battalions into regiments, and regiments into +brigades and divisions. As in the first law, the President was +authorized to appoint the commanding officer of such brigades and +divisions, the commissions only to endure while the brigades were in +service. + +On the same day (March 6, 1861) was enacted the law for the +establishment and organization of the Army of the Confederate States of +America, this being in contradistinction to the provisional army, which +was to be composed of troops tendered by the States, as in the first +act, and volunteers received, as in the second act, to constitute a +provisional army. That the wish and policy of the Government was peace +is again manifested in this act, which, in providing for the military +establishment of the Confederacy, fixed the number of enlisted men of +all arms at nine thousand four hundred and twenty. Due care was taken to +prevent the appointment of incompetent or unworthy persons to be +officers of the army, and the right to promotion up to and including the +grade of colonel was carefully guarded, and beyond this the professional +character of the army was recognized as follows: "Appointments to the +rank of brigadier-general, after the army is organized, shall be made by +selection from the army." There being no right of promotion above the +grade of colonel in the Army of the United States, selection for +appointment to the rank of general had no other restriction than the +necessity for confirmation by the Senate. The provision just quoted +imposed the further restriction of requiring the person nominated by +selection to have previously been an officer of the Army of the +Confederate States. + +Regarding the Army of the United States as belonging neither to a +section of the Union nor to the General Government, but to the States +conjointly while they remained united, it follows as a corollary of the +proposition that, when disintegration occurred, the undivided +_personnel_ composing the army would be left free to choose their future +place of service. Therefore, provision was made for securing to +officers, who should leave the Army of the United States and join that +of the Confederate States, the same relative rank in the latter which +they held in the former. + + "Be it further enacted that all officers who have resigned, or + who may within six months tender their resignations, from the + Army of the United States, and who have been or may be appointed + to original vacancies in the Army of the Confederate States, the + commissions issued shall bear one and the same date, so that the + relative rank of officers of each grade shall be determined by + their former commissions in the United States Army, held + anterior to the secession of these Confederate States from the + United States." + +The provisions hereof are in the view entertained that the army was of +the States, not of the Government, and was to secure to officers +adhering to the Confederate States the same relative rank which they had +before those States had withdrawn from the Union. It was clearly the +intent of the law to embrace in this provision only those officers who +had resigned or who should resign from the United States Army to enter +the service of the Confederacy, or who, in other words, should thus be +transferred from one service to the other. It is also to be noted that, +in the eleventh section of the act to which this was amendatory, the +right of promotion up to the grade of colonel, in established regiments +and corps, was absolutely secured, but that appointments to the higher +grade should be by selection, at first without restriction, but after +the army had been organized the selection was confined to the army, thus +recognizing the profession of arms, and relieving officers from the +hazard, beyond the limit of their legal right to promotion, of being +superseded by civilians through favoritism or political influence. + +How well the Government of the Confederacy observed both the letter and +the spirit of the law will be seen by reference to its action in the +matter of appointments. It is a noteworthy fact that the three highest +officers in rank, and whose fame stands unchallenged either for +efficiency or zeal, were all so indifferent to any question of personal +interest, that they had received their appointment before they were +aware it was to be conferred. Each brought from the Army of the United +States an enviable reputation, such as would have secured to him, had he +chosen to remain in it, after the war commenced, any position his +ambition could have coveted. Therefore, against considerations of +self-interest, and impelled by devotion to principle, they severed the +ties, professional and personal, which had bound them from their youth +up to the time when the Southern States, asserting the consecrated truth +that all governments rest on the consent of the governed, decided to +withdraw from the Union they had voluntarily entered, and the Northern +States resolved to coerce them to remain in it against their will. These +officers were--first, Samuel Cooper, a native of New York, a graduate of +the United States Military Academy in 1815, and who served continuously +in the army until March 7, 1861, with such distinction as secured to him +the appointment of Adjutant-General of the United States Army. Second, +Albert Sidney Johnston, a native of Kentucky, a graduate of the United +States Military Academy in 1826, served conspicuously in the army until +1834, then served in the army of the Republic of Texas, and then in the +United States Volunteers in the war with Mexico. Subsequently he +reentered the United States Army, and for meritorious conduct attained +the rank of brevet brigadier-general. After the secession of Texas, his +adopted State, he resigned his commission in the United States Army, May +3, 1861, and traveled by land from California to Richmond to offer his +services to the Confederacy. Third, Robert E. Lee, a native of Virginia, +a graduate of the United States Military Academy in 1829, when he was +appointed in the Engineer Corps of the United States Army, and served +continuously and with such distinction as to secure for him in 1847 +brevets of three grades above his corps commission. He resigned from the +Army of the United States, April 25, 1861, upon the secession of +Virginia, in whose army he served until it was transferred to the +Confederate States. + +Samuel Cooper was the first of these to offer his services to the +Confederacy at Montgomery. Having known him most favorably and +intimately as Adjutant-General of the United States Army when I was +Secretary of War, the value of his services in the organization of a new +army was considered so great that I invited him to take the position of +Adjutant-General of the Confederate Army, which he accepted without a +question either as to relative rank or anything else. The highest grade +then authorized by law was that of brigadier-general, and that +commission was bestowed upon him. + +When General Albert Sidney Johnston reached Richmond he called upon me, +and for several days at various intervals we conversed with the freedom +and confidence belonging to the close friendship which had existed +between us for many years. Consequent upon a remark made by me, he asked +to what duty I would assign him, and, when answered, to serve in the +West, he expressed his pleasure at service in that section, but inquired +how he was to raise his command, and for the first time learned that he +had been nominated and confirmed as a general in the Army of the +Confederacy. + +The third, General Robert E. Lee, had been commissioned by the State of +Virginia as major-general and commander of her army. When that army was +transferred, after the accession of Virginia to the Confederate States, +he was nominated to be brigadier-general in the Confederate Army, but +was left for obvious reasons in command of the forces in Virginia. After +the seat of government was removed from Montgomery to Richmond, the +course of events on the Southern Atlantic coast induced me to direct +General Lee to repair thither. Before leaving, he said that, while he +was serving in Virginia, he had never thought it needful to inquire +about his rank; but now, when about to go into other States and to meet +officers with whom he had not been previously connected, he would like +to be informed upon that point. Under recent laws, authorizing +appointments to higher grades than that of his first commission, he had +been appointed a full general; but so wholly had his heart and his mind +been consecrated to the public service, that he had not remembered, if +he ever knew, of his advancement. + +In organizing the bureaus, it was deemed advisable to select, for the +chief of each, officers possessing special knowledge of the duties to be +performed. The best assurance of that qualification was believed to be +service creditably rendered in the several departments of the United +States Army before resigning from it. Brevet Lieutenant-Colonel A. C. +Myers, who had held many important trusts in the United States +Quartermaster's Department, was appointed Quartermaster-General of the +Confederacy, with the rank of colonel. + +Captain L. B. Northrop, a gallant officer of the United States Dragoons, +and who, by reason of a wound disabling him to perform regimental duty, +had been employed in the subsistence department, was, after resigning +from the United States Army, appointed Commissary-General of the +Confederate States Army, with the rank of colonel. I have heretofore +alluded to the difficult task thus imposed on him, and the success with +which he performed it, and would be pleased here to enter into a fuller +recital, but have not the needful information in regard to his +administration of that department. + +Surgeon L. P. Moore, an officer of recognized merit in the United States +Medical Department, from which he had resigned to join the Confederacy, +was appointed the Surgeon-General of the Confederate States Army. As in +the case of other departments, there was in this a want of the stores +requisite, as well for the field as the hospital. + +To supply medicines which were declared by the enemy to be contraband of +war, our medical department had to seek in the forest for substitutes, +and to add surgical instruments and appliances to the small stock on +hand as best they could. + +It would be quite beyond my power to do justice to the skill and +knowledge with which the medical corps performed their arduous task, and +regret that I have no report from the Surgeon-General, Moore, which +would enable me to do justice to the officers of his corps, as well in +regard to their humanity as to their professional skill. + +In no branch of our service were our needs so great and our means to +meet them relatively so small as in the matter of ordnance and ordnance +stores. The Chief of Ordnance, General Gorgas, had been an ordnance +officer of the United States Army, and resigned to join the Confederacy. +He has favored me with a succinct though comprehensive statement, which +has enabled me to write somewhat fully of that department; but, for the +better understanding of its operations, the reader is referred to the +ordnance report elsewhere. + + + + +CHAPTER III. + + Commissioners to purchase Arms and Ammunition.--My Letter to + Captain Semmes.--Resignations of Officers of United States + Navy.--Our Destitution of Accessories for the Supply of Naval + Vessels.--Secretary Mallory.--Food-Supplies.--The Commissariat + Department.--The Quartermaster's Department.--The Disappearance + of Delusions.--The Supply of Powder.--Saltpeter.--Sulphur.-- + Artificial Niter-Beds.--Services of General G. W. Rains.-- + Destruction at Harper's Ferry of Machinery.--The Master + Armorer.--Machinery secured.--Want of Skillful Employees.-- + Difficulties encountered by Every Department of the Executive + Branch of the Government. + + +On the third day after my inauguration at Montgomery, an officer of +extensive information and high capacity was sent to the North, to make +purchases of arms, ammunition, and machinery; and soon afterward another +officer was sent to Europe, to buy in the market as far as possible, +and, furthermore, to make contracts for arms and munitions to be +manufactured. Captain (afterward Admiral) Semmes, the officer who was +sent to the North, would have been quite successful but for the +intervention of the civil authorities, preventing the delivery of the +various articles contracted for. The officer who was sent to Europe, +Major Huse, found few serviceable arms upon the market; he, however, +succeeded in making contracts for the manufacture of large quantities, +being in advance of the agents sent from the Northern Government for the +same purpose. For further and more detailed information, reference is +made to the monograph of the Chief of Ordnance. + +My letter of instructions to Captain Semmes was as follows: + + "Montgomery, Alabama, _February 21, 1861_. + + "Dear Sir: As agent of the Confederate States, you are + authorized to proceed, as hereinafter set forth, to make + purchases, and contracts for machinery and munitions, or for the + manufacture of arms and munitions of war. + + "Of the proprietor of the ---- Powder Company, in ----, you will + probably be able to obtain cannon- and musket-powder--the former + to be of the coarsest grain; and also to engage with him for the + establishment of a powder-mill at some point in the limits of + our territory. + + "The quantity of powder to be supplied immediately will exceed + his stock on hand, and the arrangement for further supply + should, if possible, be by manufacture in our own territory; if + this is not practicable, means must be sought for further + shipments from any and all sources which are reliable. + + "At the arsenal at Washington you will find an artisan named + ----, who has brought the cap-making machine to its present + state of efficiency, and who might furnish a cap-machine, and + accompany it to direct its operations. If not in this, I hope + you may in some other way be able to obtain a cap-machine with + little delay, and have it sent to the Mount Vernon Arsenal, + Alabama. + + "We shall require a manufactory for friction-primers, and you + will, if possible, induce some capable person to establish one + in our country. The demand of the Confederate States will be the + inducement in this as in the case of the powder-mill proposed. + + "A short time since, the most improved machinery for the + manufacture of rifles, intended for the Harper's Ferry Armory, + was, it was said, for sale by the manufacturer. If it be so at + this time, you will procure it for this Government, and use the + needful precaution in relation to its transportation. Mr. ---- + ----, of the Harper's Ferry Armory, can give you all the + information in that connection which you may require. Mr. Ball, + the master armorer at Harper's Ferry, is willing to accept + service under our Government, and could probably bring with him + skilled workmen. If we get the machinery, this will be + important. + + "Machinery for grooving muskets and heavy guns is, I hope, to be + purchased ready made. If not, you will contract for its + manufacture and delivery. You will endeavor to obtain the most + improved shot for rifled cannon, and persons skilled in the + preparation of that and other fixed ammunition. Captain G. W. + Smith and Captain Lovell, late of the United States Army, and + now of New York City, may aid you in your task; and you will + please say to them that we will be happy to have their services + in our army. + + "You will make such inquiries as your varied knowledge will + suggest in relation to the supply of guns of different calibers, + especially the largest. I suggest the advantage, if to be + obtained, of having a few of the fifteen-inch guns, like the one + cast at Pittsburg. + + "I have not sought to prescribe so as to limit your inquiries, + either as to object or place, but only to suggest for your + reflection and consideration the points which have chanced to + come under my observation. You will use your discretion in + visiting places where information of persons or things is to be + obtained for the furtherance of the object in view. Any + contracts made will be sent to the Hon. L. P. Walker, Secretary + of War, for his approval; and the contractor need not fear that + delay will be encountered in the action of this Government. + + "Very respectfully yours, etc., + + (Signed) "Jefferson Davis." + +Captain Semmes had also been directed to seek for vessels which would +serve for naval purposes, and, after his return, reported that he could +not find any vessels which in his judgment were, or could be made, +available for our uses. The Southern officers of the navy who were in +command of United States vessels abroad, under an idea more creditable +to their sentiment than to their knowledge of the nature of our +constitutional Union, brought the vessels they commanded into the ports +of the North, and, having delivered them to the authorities of the +United States Government, generally tendered their resignations, and +repaired to the States from which they had been commissioned in the +navy, to serve where they held their allegiance to be due. The theory +that they owed allegiance to their respective States was founded on the +fact that the Federal Government was of the States; the sequence was, +that the navy belonged to the States, not to their agent the Federal +Government; and, when the States ceased to be united, the naval vessels +and armament should have been divided among the owners. While we honor +the sentiment which caused them to surrender their heart-bound +associations, and the profession to which they were bred, on which they +relied for subsistence, to go, with nothing save their swords and +faithful hearts, to fight, to bleed, and to die if need be, in defense +of their homes and a righteous cause, we can but remember how much was +lost by their view of what their honor and duty demanded. Far, however, +be it from their countrymen, for that or any other consideration, to +wish that their fidelity to the dictates of a conscientious belief +should have yielded to any temptation of interest. The course they +pursued shows how impossible it was that they should have done so, for +what did they not sacrifice to their sense of right! We were doubly +bereft by losing our share of the navy we had contributed to build, and +by having it all employed to assail us. The application of the +appropriations for the Navy of the United States had been such that the +construction of vessels had been at the North, though much of the timber +used and other material employed was transported from the South to +Northern ship-yards. Therefore, we were without the accessories needful +for the rapid supply of naval vessels. + +While attempting whatever was practicable at home, we sent a competent, +well-deserving officer of the navy to England to obtain there and +elsewhere, by purchase or by building, vessels which could be +transformed into ships of war. These efforts and their results will be +noticed more fully hereafter. + +It may not be amiss to remark here that, if the anticipations of our +people were not realized, it was not from any lack of the zeal and +ability of the Secretary of the Navy, Mr. Mallory. As was heretofore +stated, his fondness for and aptitude in nautical affairs had led him to +know much of vessels, their construction and management, and, as +chairman of the Committee on United States Naval Affairs, he had +superadded to this a very large acquaintance with officers of the United +States Navy, which gave him the requisite information for the most +useful employment of the instructed officers who joined our service. + +At the North many had been deceived by the fictions of preparations at +the South for the war of the sections, and among ourselves were few who +realized how totally deficient the Southern States were in all which was +necessary to the active operations of an army, however gallant the men +might be, and however able were the generals who directed and led them. +From these causes, operating jointly, resulted undue caution at the +North and overweening confidence at the South. The habits of our people +in hunting, and protecting their stock in fields from the ravages of +ferocious beasts, caused them to be generally supplied with the arms +used for such purposes. The facility with which individuals traveled +over the country led to very erroneous ideas as to the difficulties of +transporting an army. The small amount of ammunition required in time of +peace gave no measure of the amount requisite for warlike operations, +and the products of a country, which insufficiently supplied food for +its inhabitants when peaceful pursuits were uninterrupted, would serve +but a short time to furnish the commissariat of a large army. It was, of +course, easy to foresee that, if war was waged against the seceding +States by all of those which remained in the Union, the large supply of +provisions which had been annually sent from the Northwest to the South +could not, under the altered circumstances, be relied on. That our +people did not more immediately turn their attention to the production +of food-supplies, may be attributed to the prevailing delusion that +secession would not be followed by war. To the able officer then at the +head of the commissariat department, Colonel L. B. Northrop, much credit +is due for his well-directed efforts to provide both for immediate and +prospective wants. It gives me the greater pleasure to say this, because +those less informed of all he did, and skillfully tried to do, have been +profuse of criticism, and sparing indeed of the meed justly his due. +Adequate facilities for transportation might have relieved the local +want of supplies, especially in Virginia, where the largest bodies of +troops were assembled; but, unfortunately, the quartermaster's +department was scarcely less provided than that of the commissary. Not +only were the railroads insufficient in number, but they were poorly +furnished with rolling stock, and had been mainly dependent upon +Northern foundries and factories for their rails and equipment. Even the +skilled operatives of the railroads were generally Northern men, and +their desertion followed fast upon every disaster which attended the +Confederate arms. In addition to other causes which have been mentioned, +the idea that Cotton was king, and would produce foreign intervention, +as well as a desire of the Northern people for the return of peace and +the restoration of trade, exercised a potent influence in preventing our +agriculturists from directing at an early period their capital and labor +to the production of food-supplies rather than that of our staple for +export. As one after another the illusions vanished, and the material +necessities of a great war were recognized by our people, never did +patriotic devotion exhibit brighter examples of the sacrifice of +self-interest and the abandonment of fixed habits and opinions, or more +effective and untiring effort to meet the herculean task which was set +before them. Being one of the few who regarded secession and war as +inevitably connected, my early attention was given to the organization +of military forces and the procurement and preparation of the munitions +of war. If our people had not gone to war without counting the cost, +they were, nevertheless, involved in it without means of providing for +its necessities. It has been heretofore stated that we had no +powder-mills. It would be needless to say that the new-born Government +had no depots of powder, but it may be well to add that, beyond the +small supply required for sporting purposes, our local traders had no +stock on hand. Having no manufacturing industries which required +saltpeter, very little of that was purchasable in our markets. The same +would have been the case in regard to sulphur, but for the fact that it +had been recently employed in the clarification of sugar-cane juice, and +thus a considerable amount of it was found in New Orleans. Prompt +measures were taken to secure a supply of sulphur, and parties were +employed to obtain saltpeter from the caves, as well as from the earth +of old tobacco-houses and cellars; and artificial niter-beds were made +to provide for prospective wants. Of soft wood for charcoal there was +abundance, and thus materials were procured for the manufacture of +gunpowder to meet the demand which would arise when the limited quantity +purchased by the Confederate Government at the North should be +exhausted. + +It was our good fortune to secure the services of an able and scientific +soldier, General G. W. Rains, who, to a military education, added +experience in a large manufacturing establishment, and to him was +confided the construction of a powder-mill, and the manufacture of +powder, both for artillery and small-arms. The appalling contemplation +of the inauguration of a great war, without powder or a navy to secure +its importation from abroad, was soon relieved by the extraordinary +efforts of the ordnance department and the well-directed skill of +General Rains, to whom it is but a just tribute to say that, beginning +without even instructed workmen, he had, before the close of the war, +made what, in the opinion of competent judges, has been pronounced to be +the best powder-mill in the world, and in which powder of every variety +of grain was manufactured of materials which had been purified from +those qualities which cause its deterioration under long exposure to a +moist atmosphere. + +The avowed purpose and declared obligation of the Federal Government was +to occupy and possess the property belonging to the United States, yet +one of the first acts was to set fire to the armory at Harper's Ferry, +Virginia, the only establishment of the kind in the Southern States, and +the only Southern depository of the rifles which the General Government +had then on hand. + +What conclusion is to be drawn from such action? To avoid attributing a +breach of solemn pledges, it must be supposed that Virginia was +considered as out of the Union, and a public enemy, in whose borders it +was proper to destroy whatever might be useful to her of the common +property of the States lately united. + +As soon as the United States troops had evacuated the place, the +citizens and armorers went to work to save the armory as far as possible +from destruction, and to secure valuable material stored in it. The +master armorer, Armistead Ball, so bravely and skillfully directed these +efforts, that a large part of the machinery and materials was saved from +the flames. The subduing of the fire was a dangerous and difficult task, +and great credit is due to those who, under the orders of Master Armorer +Ball, attempted and achieved it. When the fire was extinguished, the +work was continued and persevered in until all the valuable machinery +and material had been collected, boxed, and shipped to Richmond, about +the end of the summer of 1861. The machinery thus secured was divided +between the arsenals at Richmond, Virginia, and Fayetteville, North +Carolina, and, when repaired and put in working condition, supplied to +some extent the want which existed in the South of means for the +alteration and repair of old or injured arms, and finally contributed to +increase the very scanty supply of arms with which our country was +furnished when the war began. The practice of the Federal Government, +which had kept the construction and manufacture of the material of war +at the North, had consequently left the South without the requisite +number of skilled workmen by whose labor machinery could at once be made +fully effective if it were obtained; indeed, the want of such employees +prevented the small amount of machinery on hand from being worked to its +full capacity. The gallant Master Armorer Ball, whose capacity, zeal, +and fidelity deserve more than a passing notice, was sent with that part +of the machinery assigned to the Fayetteville Arsenal. The toil, the +anxiety, and responsibility of his perilous position at Harper's Ferry, +where he remained long after the protecting force of the Confederate +army retired, had probably undermined a constitution so vigorous that, +in the face of a great exigency, no labor seemed too great or too long +for him to grapple with and endure. So, like a ship which, after having +weathered the storm, goes down in the calm, the master armorer, soon +after he took his quiet post at Fayetteville, was "found dead in his +bed." + +The difficulties which on every side met the several departments of the +executive branch of the Government one must suppose were but little +appreciated by many, whose opportunities for exact observation were the +best, as one often meets with self-complacent expressions as to modes of +achieving readily what prompt, patient, zealous effort proved to be +insurmountable. In the progress of this work, it is hoped, will be +presented not only the magnitude of the obstacles, but the spirit and +capacity with which they were encountered by the unseen and much +undervalued labors of the officers of the several departments, on whom +devolved provision for the civil service, as well as for the armies in +the field. Already has the report of General St. John, Commissary- +General of Subsistence, of the operations of that department, just +before the close of the war, exposed the hollowness of many sensational +pictures intended to fix gross neglect or utter incapacity on the +Executive. + +The hoped-for and expected monograms of other chiefs of bureaus will +silence like criticisms on each, so far as they are made by those who +are not willfully blind, or maliciously intent on the circulation of +falsehood. + + + + +CHAPTER IV. + + The Proclamation for Seventy-five Thousand Men by President + Lincoln further examined.--The Reasons presented by him to + Mankind for the Justification of his Conduct shown to be Mere + Fictions, having no Relation to the Question.--What is the Value + of Constitutional Liberty, of Bills of Rights, of Limitations of + Powers, if they may be transgressed at Pleasure?--Secession of + South Carolina.--Proclamation of Blockade.--Session of Congress + at Montgomery.--Extracts from the President's Message.--Acts of + Congress.--Spirit of the People.--Secession of Border + States.--Destruction of United States Property by Order of + President Lincoln. + + +If any further evidence had been required to show that it was the +determination of the Northern people not only to make no concessions to +the grievances of the Southern States, but to increase them to the last +extremity, it was furnished by the proclamation of President Lincoln, +issued on April 15, 1861. This proclamation, which has already been +mentioned, requires a further examination, as it was the official +declaration, on the part of the Government of the United States, of the +war which ensued. In it the President called for seventy-five thousand +men to suppress "combinations" opposed to the laws, and obstructing +their execution in seven sovereign States which had retired from the +Union. Seventy-five thousand men organized and equipped are a powerful +army, and, when raised to operate against these States, nothing else +than war could be intended. The words in which he summoned this force +were these: "Whereas the laws of the United States have been for some +time past, and now are, opposed, and the execution thereof obstructed, +in the States of South Carolina, Georgia, Alabama, Florida, Mississippi, +Louisiana, and Texas, by combinations too powerful to be suppressed by +the ordinary course of judicial proceedings, or by the powers vested in +the marshals by law: Now, therefore, I, Abraham Lincoln, by virtue of +the power in me vested by the Constitution and laws," etc. + +The power granted in the Constitution is thus expressed: "The Congress +shall have power to provide for calling forth the militia to execute the +laws of the Union, suppress insurrections, and repel invasions."[169] It +was to the Congress, not the Executive, to whom the power was delegated, +and thus early was commenced a long series of usurpations of powers +inconsistent with the purposes for which the Union was formed, and +destructive of the fraternity it was designed to perpetuate. + +On November 6, 1860, the Legislature of South Carolina assembled and +gave the vote of the State for electors of a President of the United +States. On the next day an act was passed calling a State Convention to +assemble on December 17th, to determine the question of the withdrawal +of the State from the United States. Candidates for membership were +immediately nominated. All were in favor of secession. The Convention +assembled on December 17th, and on the 20th passed "an ordinance to +dissolve the union between the State of South Carolina and other States +united with her under the compact entitled 'The Constitution of the +United States of America.'" The ordinance began with these words: "We, +the people of the State of South Carolina, in convention assembled, do +declare and ordain," etc. The State authorities immediately conformed to +this action of the Convention, and the laws and authority of the United +States ceased to be obeyed within the limits of the State. About four +months afterward, when the State, in union with others which had joined +her, had possessed herself of the forts within her limits, which the +United States Government had refused to evacuate, President Lincoln +issued the above-mentioned proclamation. + +The State of South Carolina is designated in the proclamation as a +combination too powerful to be suppressed by the ordinary course of +judicial proceedings, or by the powers vested in the marshals by law. +This designation does not recognize the State, or manifest any +consciousness of its existence, whereas South Carolina was one of the +colonies that had declared her independence, and, after a long and +bloody war, she had been recognized as a sovereign State by Great +Britain, the only power to which she had ever owed allegiance. The fact +that she had been one of the colonies in the original Congress, had been +a member of the Confederation, and subsequently of the Union, +strengthens, but surely can not impair, her claim to be a State. Though +President Lincoln designated her as a "combination," it did not make her +a combination. Though he refused to recognize her as a State, it did not +make her any less a State. By assertion, he attempted to annihilate +seven States; and the war which followed was to enforce the +revolutionary edict, and to establish the supremacy of the General +Government on the ruins of the blood-bought independence of the States. + +By designating the State as a "combination," and considering that under +such a name it might be in a condition of insurrection, he assumed to +have authority to raise a great military force and attack the State. +Yet, even if the fact had been as assumed, if an insurrection had +existed, the President could not lawfully have derived the power he +exercised from such condition of affairs. The provision of the +Constitution is as follows: "The United States shall guarantee to every +State in this Union a republican form of government, and shall protect +each of them against invasion; and, on application of the Legislature, +or of the Executive (when the Legislature can not be convened), against +domestic violence."[170] So the guarantee availed not at all to justify +the act which it was presented to excuse--the fact being that a State, +and not an "unlawful combination," as asserted, was the object of +assault, and the case one of making war. For a State or union of States +to attack with military force another State, is to make war. By the +Constitution, the power to make war is given solely to Congress. +"Congress shall have power to declare war," says the Constitution.[171] +And, again, "to raise and support armies."[172] Thus, under a perverted +use of language, the Executive at Washington did that which he +undeniably had no power to do, under a faithful observance of the +Constitution. + +To justify himself to Congress and the people, or, rather, before the +face of mankind, for this evasion of the Constitution of his country, +President Lincoln, in his message to Congress, of July 4, 1861, resorted +to the artifice of saying, "It [meaning the proceedings of the +Confederate States] presents to the whole family of man the question +whether a constitutional republic or democracy--a government of the +people by the same people--can, or can not, maintain its territorial +integrity against its own domestic foes?" + +The answer to this question is very plain. In the nature of things, no +union can be formed except by separate, independent, and distinct +parties. Any other combination is not a union; and, upon the destruction +of any of these elements in the parties, the union _ipso facto_ ceases. +If the Government is the result of a union of States, then these States +must be separate, sovereign, and distinct, to be able to form a union, +which is entirely an act of their own volition. Such a government as +ours had no power to maintain its existence any longer than the +contracting parties pleased to cohere, because it was founded on the +great principle of voluntary federation, and organized "to establish +justice and insure domestic tranquillity."[173] Any departure from this +principle by the General Government not only perverts and destroys its +nature, but furnishes a just cause to the injured State to withdraw from +the union. A new union might subsequently be formed, but the original +one could never by coercion be restored. Any effort on the part of the +others to force the seceding State to consent to come back is an attempt +at subjugation. It is a wrong which no lapse of time or combination of +circumstances can ever make right. A forced union is a political +absurdity. No less absurd is President Lincoln's effort to dissever the +sovereignty of the people from that of the State; as if there could be a +State without a people, or a sovereign people without a State. + +But the question which Mr. Lincoln presents "to the whole family of man" +deserves a further notice. The answer which he seems to infer would be +given "by the whole family of man" is that such a government as he +supposes "can maintain its territorial integrity against its own +domestic foes." And, therefore, he concluded that he was right in the +judgment of "the whole family of man" in commencing hostilities against +us. He says, "So viewing the issue, no choice was left but to call out +the war power of the Government." That is the power to make war against +foreign nations, for the Government has no other war power. Planting +himself on this position, he commenced the devastation and bloodshed +which followed to effect our subjugation. + +Nothing could be more erroneous than such views. The supposed case which +he presents is entirely unlike the real case. The Government of the +United States is like no other government. It is neither a +"constitutional republic or democracy," nor has it ever been thus +called. Neither is it a "government of the people by the same people"; +but it is known and designated as "the Government of the United States." +It is an anomaly among governments. Its authority consists solely of +certain powers delegated to it, as a common agent, by an association of +sovereign and independent States. These powers are to be exercised only +for certain specified objects; and the purposes, declared in the +beginning of the deed or instrument of delegation, were "to form a more +perfect union, establish justice, insure domestic tranquillity, provide +for the common defense, promote the general welfare, and secure the +blessings of liberty to ourselves and our posterity." + +The beginning and the end of all the powers of the Government of the +United States are to be found in that instrument of delegation. All its +powers are there expressed, defined, and limited. It was only to that +instrument Mr. Lincoln as President should have gone to learn his +duties. That was the chart which he had just solemnly pledged himself to +the country faithfully to follow. He soon deviated widely from it--and +fatally erroneous was his course. The administration of the affairs of a +great people, at a most perilous period, is decided by the answer which +it is assumed "the whole family of man" would give to a supposed +condition of human affairs which did not exist and which could not +exist. This is the ground upon which the rectitude of his cause was +placed. He says, "No choice was left but to call out the war power of +the Government, and so to resist force employed for its destruction by +force for its preservation." + +"Here," he says, "no choice was left but to call out the war power of +the Government." For what purpose must he call out this war power? He +answers, by saying, "and so to resist force employed for its destruction +by force for its preservation." But this which he asserts is not a fact. +There was no "force employed for its destruction." Let the reader turn +to the record of the facts in Part III of this work, and peruse the +fruitless efforts for peace which were made by us, and which Mr. Lincoln +did not deign to notice. The assertion is not only incorrect, in stating +that force was employed by us, but also in declaring that it was for the +destruction of the Government of the United States. On the contrary, we +wished to leave it alone. Our separation did not involve its +destruction. To such fiction was Mr. Lincoln compelled to resort to give +even apparent justice to his cause. He now goes to the Constitution for +the exercise of his war power, and here we have another fiction. + +On April 19th, four days later, President Lincoln issued another +proclamation, announcing a blockade of the ports of seven confederated +States, which was afterward extended to North Carolina and Virginia. It +further declared that all persons who should under their authority +molest any vessel of the United States, or the persons or cargo on +board, should be treated as pirates. In their efforts to subjugate us, +the destruction of our commerce was regarded by the authorities at +Washington as a most efficient measure. It was early seen that, although +acts of Congress established ports of entry where commerce existed, they +might be repealed, and the ports nominally closed or declared to be +closed; yet such a declaration would be of no avail unless sustained by +a naval force, as these ports were located in territory not subject to +the United States. An act was subsequently passed authorizing the +President of the United States, in his discretion, to close our ports, +but it was never executed. + +The scheme of blockade was resorted to, and a falsehood was asserted on +which to base it. Mr. Seward writes to Mr. Dallas: "You will say (to +Lord John Russell) that, by our own laws and the laws of nature and the +laws of nations, this Government has a clear right to suppress +insurrection. An exclusion of commerce from national ports which have +been seized by insurgents, in the equitable form of blockade, is a +proper means to that end."[174] This is the same doctrine of +"combinations" fabricated by the authorities at Washington to serve as +the basis of a bloody revolution. Under the laws of nations, separate +governments when at war blockade each other's ports. This is decided to +be justifiable. But the Government of the United States could not +consent to justify its blockade of our ports on this ground, as it would +be an admission that the Confederate States were a separate and distinct +sovereignty, and that the war was prosecuted only for subjugation. It, +therefore, assumed that the withdrawal of the Southern States from the +Union was an insurrection. + +Was it an insurrection? When certain sovereign and independent States +form a union with limited powers for some general purposes, and any one +or more of them, in the progress of time, suffer unjust and oppressive +grievances for which there is no redress but in a withdrawal from the +association, is such withdrawal an insurrection? If so, then of what +advantage is a compact of union to States? Within the Union are +oppressions and grievances; and the attempt to go out brings war and +subjugation. The ambitious and aggressive States obtain possession of +the central authority which, having grown strong in the lapse of time, +asserts its entire sovereignty over the States. Whichever of them denies +it and seeks to retire, is declared to be guilty of insurrection, its +citizens are stigmatized as "rebels," as if they had revolted against a +master, and a war of subjugation is begun. If this action is once +tolerated, where will it end? Where is the value of constitutional +liberty? What strength is there in bills of rights--in limitations of +power? What new hope for mankind is to be found in written +constitutions, what remedy which did not exist under kings or emperors? +If the doctrines thus announced by the Government of the United States +are conceded, then, look through either end of the political telescope, +and one sees only an empire, and the once famous Declaration of +Independence trodden in the dust as a "glittering generality," and the +compact of union denounced as a "flaunting lie." Those who submit to +such consequences without resistance are not worthy of the liberties and +the rights to which they were born, and deserve to be made slaves. Such +must be the verdict of mankind. + +Men do not fight to make a fraternal union, neither do nations. These +military preparations of the Government of the United States signified +nothing less than the subjugation of the Southern States, so that, by +one devastating blow, the North might grasp for ever that supremacy it +had so long coveted. + +To be prepared for self-defense, I called Congress together at +Montgomery on April 29th, and, in the message of that date, thus spoke +of the proclamation of the President of the United States: "Apparently +contradictory as are the terms of this singular document, one point is +unmistakably evident. The President of the United States calls for an +army of seventy-five thousand men, whose first service is to be the +capture of our forts. It is a plain declaration of war, which I am not +at liberty to disregard, because of my knowledge that, under the +Constitution of the United States, the President is usurping a power +granted exclusively to Congress." + +I then proceeded to say that I did not feel at liberty to disregard the +fact that many of the States seemed quite content to submit to the +exercise of the powers assumed by the President of the United States, +and were actively engaged in levying troops for the purpose indicated in +the proclamation. Meantime, being deprived of the aid of Congress, I had +been under the necessity of confining my action to a call on the States +for volunteers for the common defense, in accordance with authority +previously conferred on me. I stated that there were then in the field, +at Charleston, Pensacola, Forts Morgan, Jackson, St. Philip, and +Pulaski, nineteen thousand men, and sixteen thousand more were on their +way to Virginia; that it was proposed to organize and hold in readiness +for instant action, in view of the existing exigencies of the country, +an army of one hundred thousand men; and that, if a further force should +be needed, Congress would be appealed to for authority to call it into +the field. Finally, that the intent of the President of the United +States, already developed, to invade our soil, capture our forts, +blockade our ports, and wage war against us, rendered it necessary to +raise means to a much larger amount than had been done, to defray the +expenses of maintaining independence and repelling invasion. + +A brief summary of the internal affairs of the Government followed, and, +notwithstanding frequent declarations of the peaceful intentions of the +withdrawing States had been made in the most solemn manner, it was +deemed not to be out of place to repeat them once more; and, therefore, +the message closed with these words: "We protest solemnly, in the face +of mankind, that we desire peace at any sacrifice, save that of honor. +In independence we seek no conquest, no aggrandizement, no concession of +any kind from the States with which we have lately been confederated. +All we ask is to be let alone--that those who never held power over us +shall not now attempt our subjugation by arms. This we will, we must, +resist to the direst extremity. The moment that this pretension is +abandoned, the sword will drop from our grasp, and we shall be ready to +enter into treaties of amity and commerce that can not but be mutually +beneficial. So long as this pretension is maintained, with a firm +reliance on that Divine Power which covers with its protection the just +cause, we must continue to struggle for our inherent right to freedom, +independence, and self-government." + +At this session Congress passed acts authorizing the President to use +the whole land and naval force to meet the necessities of the war thus +commenced; to issue to private armed vessels letters of marque; in +addition to the volunteer force authorized to be raised, to accept the +services of volunteers, to serve during the war; to receive into the +service various companies of the different arms; to make a loan of fifty +millions of dollars in bonds and notes; and to hold an election for +officers of the permanent Government under the new Constitution. An act +was also passed to provide revenue from imports; another, relative to +prisoners of war; and such others as were necessary to complete the +internal organization of the Government, and establish the +administration of public affairs. + +In every portion of the country there was exhibited the most patriotic +devotion to the common cause. Transportation companies freely tendered +the use of their lines for troops and supplies. Requisitions for troops +were met with such alacrity that the number offering their services in +every instance greatly exceeded the demand and the ability to arm them. +Men of the highest official and social position served as volunteers in +the ranks. The gravity of age and the zeal of youth rivaled each other +in the desire to be foremost in the public defense. + +The appearance of the proclamation of the President of the United +States, calling out seventy-five thousand men, was followed by the +immediate withdrawal of the States of Virginia, North Carolina, +Tennessee, and Arkansas, and their union with the Confederate States. +The former State, thus placed on the frontier and exposed to invasion, +began to prepare for a resolute defense. Volunteers were ordered to be +enrolled and held in readiness in every part of the State. Colonel +Robert E. Lee, having resigned his commission in the United States +cavalry, was on April 22d nominated and confirmed by the State +Convention of Virginia as "Commander-in-Chief of the military and naval +forces of the Commonwealth." + +Already the Northern officer in charge had evacuated Harper's Ferry, +after having attempted to destroy the public buildings there. His report +says: "I gave the order to apply the torch. In three minutes or less, +both of the arsenal buildings, containing nearly fifteen thousand stand +of arms, together with the carpenter's shop, which was at the upper end +of a long and connected series of workshops of the armory proper, were +in a blaze. There is every reason for believing the destruction was +complete." Mr. Simon Cameron, the Secretary of War, on April 22d replied +to this report in these words: "I am directed by the President of the +United States to communicate to you, and through you to the officers and +men under your command at Harper's Ferry Armory, the approbation of the +Government of your and their judicious conduct there, and to tender you +and them the thanks of the Government for the same." At the same time +the ship-yard at Norfolk was abandoned after an attempt to destroy it. +About midnight of April 20th, a fire was started in the yard, which +continued to increase, and before daylight the work of destruction +extended to two immense ship-houses, one of which contained the entire +frame of a seventy-four-gun ship, and to the long ranges of stores and +offices on each side of the entrance. The great ship Pennsylvania was +burned, and the frigates Merrimac and Columbus, and the Delaware, +Raritan, Plymouth, and Germantown were sunk. A vast amount of machinery, +valuable engines, small-arms, and chronometers, was broken up and +rendered entirely useless. The value of the property destroyed was +estimated at several millions of dollars. + +This property thus destroyed had been accumulated and constructed with +laborious care and skillful ingenuity during a course of years to +fulfill one of the objects of the Constitution, which was expressed in +these words, "To provide for the common defense" (see Preamble of the +Constitution). It had belonged to all the States in common, and to each +one equally with the others. If the Confederate States were still +members of the Union, as the President of the United States asserted, +where can he find a justification of these acts? + +In explanation of his policy to the Commissioners sent to him by the +Virginia State Convention, he said, referring to his inaugural address, +"As I then and therein said, I now repeat, the power confided in me will +be used to hold, occupy, and possess property and places belonging to +the Government." Yet he tendered the thanks of the Government to those +who applied the torch to destroy this property belonging, as he regarded +it, to the Government. + +How unreasonable, how blind with rage must have been that administration +of affairs which so quickly brought the Government to the necessity of +destroying its own means of defense in order, as it publicly declared, +"to maintain its life"! It would seem as if the passions that rule the +savage had taken possession of the authorities at the United States +capital! In the conflagrations of vast structures, the wanton +destruction of public property, and still more in the issue of _lettres +de cachet_ by the Secretary of State, who boasted of the power of his +little bell over the personal liberties of the citizen, the people saw, +or might have seen, the rapid strides toward despotism made under the +mask of preserving the Union. Yet these and similar measures were +tolerated because the sectional hate dominated in the Northern States +over the higher motives of constitutional and moral obligation. + + +[Footnote 169: Constitution of the United States, Article I, section 8.] + +[Footnote 170: Constitution of the United States, Article IV, section +4.] + +[Footnote 171: Article I, section 8.] + +[Footnote 172: Ibid.] + +[Footnote 173: Constitution of the United States, preamble.] + +[Footnote 174: Diplomatic correspondence, May 21, 1861.] + + + + +CHAPTER V. + + Maryland first approached by Northern Invasion.--Denies to + United States Troops the Right of Way across her + Domain.--Mission of Judge Handy.--Views of Governor Hicks.--His + Proclamation.--Arrival of Massachusetts Troops at + Baltimore.--Passage through the City disputed.--Activity of the + Police.--Burning of Bridges.--Letter of President Lincoln to the + Governor.--Visited by Citizens.--Action of the State + Legislature.--Occupation of the Relay House.--The City Arms + surrendered.--City in Possession of United States + Troops.--Remonstrances of the City to the Passage of Troops + disregarded.--Citizens arrested; also, Members of the + Legislature.--Accumulation of Northern Forces at + Washington.--Invasion of West Virginia by a Force under + McClellan.--Attack at Philippi; at Laurel Hill.--Death of + General Garnett. + + +The border State of Maryland was the outpost of the South on the +frontier first to be approached by Northern invasion. The first +demonstration against State sovereignty was to be made there, and in her +fate were the other slaveholding States of the border to have warning of +what they were to expect. She had chosen to be, for the time at least, +neutral in the impending war, and had denied to the United States troops +the right of way across her domain in their march to invade the Southern +States. The Governor (Hicks) avowed a desire, not only that the State +should avoid war, but that she should be a means for pacifying those +more disposed to engage in combat. + +Judge Handy, a distinguished citizen of Mississippi, who was born in +Maryland, had, in December, 1860, been sent as a commissioner from the +State of his adoption to that of his birth, and presented his views and +the object of his mission to Governor Hicks, who, in his response +(December 19, 1860), declared his purpose to act in full concert with +the other border States, adding, "I do not doubt the people of Maryland +are ready to go with the people of those States for weal or woe."[175] +Subsequently, in answer to appeals for and against a proclamation +assembling the Legislature, in order to have a call for a State +convention, Governor Hicks issued an address, in which, arguing that +there was no necessity to define the position of Maryland, he wrote: "If +the action of the Legislature would be simply to declare that Maryland +was with the South in sympathy and feeling; that she demands from the +North the repeal of offensive, unconstitutional statutes, and appeals to +it for new guarantees; that she will wait a reasonable time for the +North to purge her statute-books, to do justice to her Southern +brethren; and, if her appeals are vain, will make common cause with her +sister border States in resistance to tyranny, if need be, it would only +be saying what the whole country well knows," etc. + +On the 18th of April, 1861, Governor Hicks issued a proclamation +invoking them to preserve the peace, and said, "I assure the people that +no troops will be sent from Maryland, unless it may be for the defense +of the national capital." On the same day Mayor Brown, of the city of +Baltimore, issued a proclamation in which, referring to that of the +Governor above cited, he said, "I can not withhold my expression of +satisfaction at his resolution that no troops shall be sent from +Maryland to the soil of any other State." It will be remembered that the +capital was on a site which originally belonged to Maryland, and was +ceded by her for a special use, so that troops to defend the capital +might be considered as not having been sent out of Maryland. It will be +remembered that these proclamations were three days after the +requisition made by the Secretary of War on the States which had not +seceded for their quota of troops to serve in the war about to be +inaugurated against the South, and that rumors existed at the time in +Baltimore that troops from the Northeast were about to be sent through +that city toward the South. On the next day, viz., the 19th of April, +1861, a body of troops arrived at the railroad depot; the citizens +assembled in large numbers, and, though without arms, disputed the +passage through the city. They attacked the troops with the loose stones +found in the street, which was undergoing repair, and with such +determination and violence, that some of the soldiers were wounded, and +they fired upon the multitude, killing a few and wounding many. + +The police of Baltimore were very active in their efforts to prevent +conflict and preserve the peace; they rescued the baggage and munitions +of the troops, which had been seized by the multitude; and the rear +portion of the troops was, by direction of Governor Hicks, sent back to +the borders of the State. The troops who had got through the city took +the railroad at the Southern Depot and passed on. The militia of the +city was called out, and by evening quiet was restored. During the +night, on a report that more Northern troops were approaching the city +by the railroads, the bridges nearest to the city were destroyed, as it +was understood, by orders from the authorities of Baltimore. + +On the 20th of April President Lincoln wrote in reply to Governor Hicks +and Mayor Brown, saying, "For the future, troops must be brought here, +but I make no point of bringing them through Baltimore." On the next +day, the 21st, Mayor Brown and other influential citizens, by request of +the President, visited him. The interview took place in presence of the +Cabinet and General Scott, and was reported to the public by the Mayor +after his return to Baltimore. From that report I make the following +extracts. Referring to the President, the Mayor uses the following +language: + + "The protection of Washington, he asseverated with great + earnestness, was the sole object of concentrating troops there, + and he protested that none of the troops brought through + Maryland were intended for any purposes hostile to the State, or + aggressive as against the Southern States.... He called on + General Scott for his opinion, which the General gave at great + length, to the effect that troops might be brought through + Maryland without going through Baltimore, etc.... The interview + terminated with the distinct assurance, on the part of the + President, that no more troops would be sent through Baltimore, + unless obstructed in their transit in other directions, and with + the understanding that the city authorities should do their best + to restrain their own people. + + "The Mayor and his companions availed themselves of the + President's full discussion of the questions of the day to urge + upon him respectfully, but in the most earnest manner, a course + of policy which would give peace to the country, and especially + the withdrawal of all orders contemplating the passage of troops + through any part of Maryland." + +The Legislature of the State of Maryland appointed commissioners to the +Confederate Government to suggest to it the cessation of impending +hostilities until the meeting of Congress at Washington in July. +Commissioners with like instructions were also sent to Washington. In my +reply to the Commissioners, dated 25th of May, 1861, I referred to the +uniform expression of desire for peace on the part of the Confederate +Government, and added: + + "In deference to the State of Maryland, it again asserts in the + most emphatic terms that its sincere and earnest desire is for + peace; but that, while the Government would readily entertain + any proposition from the Government of the United States tending + to a peaceful solution of the present difficulties, the recent + attempts of this Government to enter into negotiations with that + of the United States were attended with results which forbid any + renewal of proposals from it to that Government.... Its policy + can not but be peace--peace with all nations and people." + +On the 5th of May, the Relay House, at the junction of the Washington +and Baltimore and Ohio Railroads, was occupied by United States troops +under General Butler, and, on the 13th of the same month, he moved a +portion of the troops to Baltimore, and took position on Federal +Hill--thus was consummated the military occupation of Baltimore. On the +next day, reenforcements were received; and, on the same day, the +commanding General issued a proclamation to the citizens, in which he +announced to them his purpose and authority to discriminate between +citizens, those who agreed with him being denominated "well disposed," +and the others described with many offensive epithets. The initiatory +step of the policy subsequently developed was found in one sentence: +"Therefore, all manufacturers of arms and munitions of war are hereby +requested to report to me forthwith, so that the lawfulness of their +occupations may be known and understood, and all misconstruction of +their doings avoided." + +There soon followed a demand for the surrender of the arms stored by the +city authorities in a warehouse. The police refused to surrender them +without the orders of the police commissioners. The police +commissioners, upon representation that the demand of General Butler was +by order of the President, decided to surrender the arms under protest, +and they were accordingly removed to Fort McHenry. + +Baltimore was now disarmed. The Army of the United States had control of +the city. There was no longer necessity to regard the remonstrance of +Baltimore against sending troops through the city, and that more +convenient route was henceforth to be employed. George P. Kane, Marshal +of the Police of Baltimore, who had rendered most efficient service for +the preservation of peace, as well in the city of Baltimore as at Locust +Point, where troops were disembarked to be dispatched to Washington, was +arrested at home by a military force, and sent to Fort McHenry, and a +provost-marshal was appointed by General Banks, who had succeeded to the +command. The excuse given for the arrest of Marshal Kane was that he was +believed to be cognizant of combinations of men waiting for an +opportunity to unite with those in rebellion against the United States +Government. Whether the suspicion were well or ill founded, it +constituted a poor excuse for depriving a citizen of his liberty without +legal warrant and without proof. But this was only the beginning of +unbridled despotism and a reign of terror. The Mayor and Police +Commissioners, Charles Howard, William H. Gatchell, and John W. Davis, +held a meeting, and, after preparing a protest against the suspension of +their functions in the appointment of a provost-marshall, resolved that, +while they would do nothing to "obstruct the execution of such measures +as Major-General Banks may deem proper to take, on his own +responsibility, for the preservation of the peace of the city and of +public order, they can not, consistently with their views of official +duty and of the obligations of their oaths of office, recognize the +right of any of the officers and men of the police force, as such, to +receive orders or directions from any other authority than from this +Board; and that, in the opinion of the Board, the forcible suspension of +their functions suspends at the same time the active operations of the +police law."[176] The Provost-Marshal, with the plenary powers conferred +upon him, commenced a system of search and seizure, in private houses, +of arms and munitions of every description. + +On the 1st of July, General Banks announced that, "in pursuance of +orders issued from the headquarters at Washington for the preservation +of the public peace in this department, I have arrested, and do detain +in custody of the United States, the late members of the Board of +Police--Messrs. Charles Howard, William H. Gatchell, Charles D. Hinks, +and John W. Davis." If the object had been to preserve order by any +proper and legitimate method, the effective means would palpably have +been to rely upon men whose influence was known to be great, and whose +integrity was certainly unquestionable. The first-named of the +commissioners I knew well. He was of an old Maryland family, honored for +their public services, and himself adorned by every social virtue. Old, +unambitious, hospitable, gentle, loving, he was beloved by the people +among whom his long life had been passed. Could such a man be the just +object of suspicion, if, when laws had been silenced, suspicion could +justify arrest and imprisonment? Those who knew him will accept as a +just description: + + "In action faithful, and in honor clear, + Who broke no promise, served no private end, + Who gained no title, and who lost no friend." + +Thenceforward, arrests of the most illustrious became the rule. In a +land where freedom of speech was held to be an unquestioned right, +freedom of thought ceased to exist, and men were incarcerated for +opinion's sake. + +In the Maryland Legislature, the Hon. S. Teacle Wallis, from a committee +to whom was referred the memorial of the police commissioners arrested +in Baltimore, made a report upon the unconstitutionality of the act, and +"appealed in the most earnest manner to the whole people of the country, +of all parties, sections, and opinions, to take warnings by the +usurpations mentioned, and come to the rescue of the free institutions +of the country."[177] + +For no better reason, so far as the public was informed, than a vote in +favor of certain resolutions, General Banks sent his provost-marshal to +Frederick, where the Legislature was in session; a cordon of pickets was +placed around the town to prevent any one from leaving it without a +written permission from a member of General Banks's staff; police +detectives from Baltimore then went into the town and arrested some +twelve or thirteen members and several officers of the Legislature, +which, thereby left without a quorum, was prevented from organizing, and +it performed the only act which it was competent to do, i.e., adjourned. +S. Teacle Wallis, the author of the report in defense of the +constitutional rights of citizens, was among those arrested. Henry May, +a member of Congress, who had introduced a resolution which he hoped +would be promotive of peace, was another of those arrested and thrown +into prison. Senator Kennedy, of the same State, presented a report of +the Legislature to the United States Senate, reciting the outrage +inflicted upon Maryland in the persons of her municipal officers and +citizens, and, after some opposition, merely obtained an order to have +it printed. Governor Hicks, whose promises had been so cheering in the +beginning of the year, sent his final message to the Legislature on +December 3, 1861. In that, referring to the action of the Maryland +Legislature at its several sessions before that when the arrest of its +members prevented an organization, he wrote, "This continued until the +General Government had ample reason to believe it was about to go +through the farce of enacting an ordinance of secession, when the +treason was summarily stopped by the dispersion of the traitors...." +After referring to the elections of the 13th of June and the 6th of +November, he says, the people have "declared, in the most emphatic +tones, what I have never doubted, that Maryland has no sympathy with the +rebellion, and desires to do her full share in the duty of suppressing +it." It would be more easy than gracious to point out the inconsistency +between his first statements and this last. The conclusion is inevitable +that he kept himself in equipoise, and fell at last, as men without +convictions usually do, upon the stronger side. + +Henceforth the story of Maryland is sad to the last degree, only +relieved by the gallant men who left their homes to fight the battle of +State rights when Maryland no longer furnished them a field on which +they could maintain the rights their fathers left them. This was a fate +doubly sad to the sons of the heroic men who, under the designation of +the "Maryland Line," did so much in our Revolutionary struggle to secure +the independence of the States; of the men who, at a later day, fought +the battle of North Point; of the people of a land which had furnished +so many heroes and statesmen, and gave the great Chief-Justice Taney to +the Supreme Court of the United States. + +Though Maryland did not become one of the Confederate States, she was +endeared to the people thereof by many most enduring ties. Last in +order, but first in cordiality, were the tender ministrations of her +noble daughters to the sick and wounded prisoners who were carried +through the streets of Baltimore; and it is with shame we remember that +brutal guards on several occasions inflicted wounds upon gentlewomen who +approached these suffering prisoners to offer them the relief of which +they so evidently stood in need. + +The accumulation of Northern forces at and near Washington City, made it +evident that the great effort of the invasion would be from that point, +while assaults of more or less vigor might be expected upon all +important places which the enemy, by his facilities for transportation, +could reach. The concentration of Confederate troops in Virginia was +begun, and they were sent forward as rapidly as practicable to the +points threatened with attack. + +It was soon manifest that, besides the army at Washington, which +threatened Virginia, there was a second one at Chambersburg, +Pennsylvania, under Major-General Patterson, designed to move through +Williamsport and Martinsburg, and another forming in Ohio, under the +command of Major-General McClellan, destined to invade the western +counties of Virginia. + +This latter force, having landed at Wheeling on May 26th, advanced as +far as Grafton on the 29th. At this time Colonel Porterfield, with the +small force of seven hundred men, sent forward by Governor Letcher, of +Virginia, was at Philippi. On the night of June 2d he was attacked by +General McClellan, with a strong force, and withdrew to Laurel Hill. +Reenforcements under General Garnett were sent forward and occupied the +hill, while Colonel Pegram, the second in command, held Rich Mountain. +On July 11th the latter was attacked by two columns of the enemy, and, +after a vigorous defense, fell back on the 12th, losing many of his men, +who were made prisoners. General Garnett, hearing of this reverse, +attempted to fall back, but was pursued by McClellan, and, while +striving to rally his rear guard, was killed. Five hundred of his men +were taken prisoners. This success left the Northern forces in +possession of that region. + +The difficult character of the country in which the battle was fought, +as well from mountain acclivity as dense wood, rendered a minute +knowledge of the roads of vast importance. There is reason to believe +that competent guides led the enemy, by roads unknown to our army, to +the flank and rear of its position, and thus caused the sacrifice of +those who had patriotically come to repel the invasion of the very +people who furnished the guides to the enemy. It was treachery +confounding the counsels of the brave. Thus occurred the disaster of +Rich Mountain and Laurel Hill. + +General Robert Garnett was a native of Virginia, and a graduate of the +United States Military Academy. He served in Mexico, on the staff of +General Z. Taylor, and was conspicuous for gallantry and good conduct, +especially in the battles of Monterey and Buena Vista. Recognizing his +allegiance as due to the State of Virginia, from which he was appointed +a cadet, and thence won his various promotions in the army, he resigned +his commission when the State withdrew from the Union, and earnestly and +usefully served as aide-de-camp to General R. E. Lee, the +commander-in-chief of the Army of Virginia, until she acceded to the +Confederacy. + +When Western Virginia was invaded, he offered his services to go to her +defense, and, relying confidently on the sentiment, so strong in his own +heart, of devotion to the State by all Virginians, he believed it was +only needful for him to have a nucleus around which the people could +rally to resist the invasion of their country. How sadly he was +disappointed, and how bravely he struggled against adverse fortune, and +how gallantly he died in the discharge of his duty, are memories which, +though sad, bear with them to his friends the consolation that the +manner of his death was worthy of the way in which he lived, and that +even his life was an offering he was not unwilling to make for the +welfare and honor of Virginia. + +He fell while commanding the rear guard, to save his retreating army, +thus exemplifying the highest quality of man, self-sacrifice for others, +and such devotion and fortitude as made Ney the grandest figure in +Bonaparte's retreat from Moscow. + + +[Footnote 175: "Annual Cyclopaedia," vol. i, p. 443.] + +[Footnote 176: "Baltimore American," June 28, 1861.] + +[Footnote 177: New York "World", August 6, 1861.] + + + + +CHAPTER VI. + + Removal of the Seat of Government to Richmond.--Message to + Congress at Richmond.--Confederate Forces in Virginia.--Forces + of the Enemy.--Letter to General Johnston.--Combat at Bethel + Church.--Affair at Romney.--Movements of McDowell.--Battle of + Manassas. + + +The Provisional Congress, in session at Montgomery, Alabama, on the 21st +of May, 1861, resolved "that this Congress will adjourn on Tuesday next, +to meet again on the 20th day of July at Richmond, Virginia." The +resolution further authorized the President to have the several +executive departments, with their archives, removed at such intermediate +time as he might determine, and added a proviso that, if any public +emergency should "render it impolitic to meet in Richmond," he should +call the Congress together at some other place to be selected by him. + +The hostile demonstrations of the United States Government against +Virginia caused the President, at an early day after the adjournment of +Congress, to proceed to Richmond and to direct the executive +departments, with their archives, to be removed to that place as soon as +could be conveniently done. + +In the message delivered to the Congress at its meeting in Richmond, +according to adjournment, I gave the following explanation of my conduct +under the resolution above cited: "Immediately after your adjournment, +the aggressive movement of the enemy required prompt, energetic action. +The accumulation of his forces on the Potomac sufficiently demonstrated +that his efforts were to be directed against Virginia, and from no point +could necessary measures for her defense and protection be so +effectively decided as from her own capital." + +On my arrival in Richmond, General R. E. Lee, as commander of the Army +of Virginia, was found there, where he had established his headquarters. +He possessed my unqualified confidence, both as a soldier and a patriot, +and the command he had exercised over the Army of Virginia, before her +accession to the Confederacy, gave him that special knowledge which at +the time was most needful. As has been already briefly stated, troops +had previously been sent from other States of the Confederacy to the aid +of Virginia. The forces there assembled were divided into three armies, +at positions the most important and threatened: one, under General J. E. +Johnston, at Harper's Ferry, covering the valley of the Shenandoah; +another, under General P. G. T. Beauregard, at Manassas, covering the +direct approach from Washington to Richmond; and the third, under +Generals Huger and Magruder, at Norfolk and on the Peninsula between the +James and York Rivers, covering the approach to Richmond from the +seaboard. + +The first and second of these armies, though separated by the Blue +Ridge, had such practicable communication with each other as to render +their junction possible when the necessity should be foreseen. They both +were confronted by forces greatly superior in numbers to their own, and +it was doubtful which would first be the object of attack. Harper's +Ferry was an important position, both for military and political +considerations, and, though unfavorably situated for defense against an +enemy which should seek to turn its position by crossing the Potomac +above, it was desirable to hold it as long as was consistent with +safety. The temporary occupation was especially needful for the removal +of the valuable machinery and material in the armory located there, and +which the enemy had failed to destroy, though he had for that purpose +fired the buildings before his evacuation of the post. The +demonstrations of General Patterson, commanding the Federal army in that +region, caused General Johnston earnestly to insist on being allowed to +retire to a position nearer to Winchester. Under these circumstances, an +official letter was addressed to him, from which the following extract +is made: + + "Adjutant and Inspector-General's Office, + + "Richmond, _June 13, 1861_. + + "_To_ General J. E. Johnston, _commanding Harper's Ferry, + Virginia_. + + "Sir: ... You had been heretofore instructed to exercise your + discretion as to retiring from your position at Harper's Ferry, + and taking the field to check the advance of the enemy.... The + ineffective portion of your command, together with the baggage + and whatever else would impede your operations in the field, it + would be well to send, without delay, to the Manassas road. + Should you not be sustained by the population of the Valley, so + as to enable you to turn upon the enemy before reaching + Winchester, you will continue slowly to retire to the Manassas + road, upon some of the passes of which it is hoped you will be + able to make an effective stand, even against a very superior + force. To this end, it might be well to send your engineer to + make a reconnaissance and construct such temporary works as may + be useful and proper.... For these reasons it has been with + reluctance that any attempt was made to give you specific + instructions, and you will accept assurances of the readiness + with which the freest exercise of discretion on your part will + be sustained. + + "Very respectfully, your obedient servant, + + (Signed) "S. Cooper, + + "_Adjutant and Inspector-General_." + +The earliest combat in this quarter, and which, in the inexperience of +the time, was regarded as a great battle, may claim a passing notice, as +exemplifying the extent to which the individuality, self-reliance, and +habitual use of small-arms by the people of the South was a substitute +for military training, and, on the other hand, how the want of such +training made the Northern new levies inferior to the like kind of +Southern troops. + +A detached work on the right of General Magruder's line was occupied +June 11, 1861, by the First Regiment of North Carolina Volunteers and +three hundred and sixty Virginians under the command of an educated, +vigilant, and gallant soldier, then Colonel D. H. Hill, First Regiment +North Carolina Volunteers, subsequently a lieutenant-general in the +Confederate service. He reports that this small force was "engaged for +five and a half hours with four and a half regiments of the enemy at +Bethel Church, nine miles from Hampton. The enemy made three distinct +and well-sustained charges, but were repulsed with heavy loss. Our +cavalry pursued them for six miles, when their retreat became a total +rout." + +On the other side, Frederick Townsend, colonel of Third Regiment of the +enemy's forces, after stating with much minuteness the orders and line +of march, describes how, "about five or six miles from Hampton, a heavy +and well-sustained fire of canister and small-arms was opened upon the +regiment," and how it was afterward discovered to be a portion of their +own column which had fired upon them. After due care for the wounded and +a recognition of their friends, the column proceeded, and the Colonel +describes his regiment as moving to the attack "in line of battle, as if +on parade, in the face of a severe fire of artillery and small-arms." +Subsequently, the description proceeds, "a company of my regiment had +been separated from the regiment by a thickly-hedged ditch," and marched +in the adjoining field in line with the main body. Not being aware of +the separation of that company, the Colonel states that, therefore, +"upon seeing among the breaks in the hedge the glistening of bayonets in +the adjoining field, I immediately concluded that the enemy were +outflanking, and conceived it to be my duty to immediately retire and +repel that advance."[178] + +Without knowing anything of the subsequent career of the Colonel from +whose report these extracts have been made, or of the officers who +opened fire upon him while he was marching to the execution of the +orders under which they were all acting, it is fair to suppose that, +after a few months' experience, such scenes as are described could not +have occurred, and these citations have been made to show the value of +military training. + +In further exemplification of the difference between the troops of the +Confederate States and those of the United States, before either had +been trained in war, I will cite an affair which occurred on the upper +Potomac. Colonel A. P. Hill, commanding a brigade at Romney, in Western +Virginia, having learned that the enemy had a command at the +twenty-first bridge on the Baltimore and Ohio Railroad, decided to +attack it and to destroy the bridge, so as to interrupt the use of that +important line of the enemy's communication. For this purpose he ordered +Colonel John C. Vaughn, of the Third Tennessee Volunteers, to proceed +with a detachment of two companies of his regiment and two companies of +the Thirteenth Virginia Volunteers to the position where the enemy were +reported to be posted. + +Colonel Vaughn reports that on June 18, 1861, at 8 P. M., he moved with +his command as ordered, marched eighteen miles, and, at 5 A. M. the next +morning, found the enemy on the north bank of the Potomac in some +strength of infantry and with two pieces of artillery. He had no +picket-guards. + +After reconnaissance, the order to charge was given. It was necessary, +in the execution of the order, to ford the river waist-deep, which +Colonel Vaughn reports "was gallantly executed in good order but with +great enthusiasm. As we appeared in sight at a distance of four hundred +yards, the enemy broke and fled in all directions, firing as they ran +only a few random shots.... The enemy did not wait to fire their +artillery, which we captured, both guns loaded; they were, however, +spiked by the enemy before he fled. From the best information, their +number was between two and three hundred." + +Colonel Vaughn further states that, in pursuance of orders, he fired the +bridge and then retired, bringing away the two guns and the enemy's +flag, and other articles of little value which had been captured, and +arrived at brigade headquarters in the evening, with his command in high +spirits good condition. + +Colonel A. P. Hill, the energetic brigade commander who directed this +expedition, left the United States Army when the State, which had given +him to the military service of the General Government, passed her +ordinance of secession. The vigilance and enterprise he manifested on +this early occasion in the war of the States gave promise of the +brilliant career which gained for him the high rank of a +lieutenant-general, and which there was nothing for his friends to +regret save the honorable death which he met upon the field of battle. + +Colonel Vaughn, the commander of the detachment, was new to war. His +paths had been those of peace, and his home in the mountains of East +Tennessee might reasonably have secured him from any expectation that it +would ever be the theatre on which armies were to contend, and that he, +in the mutation of human affairs, would become a soldier. He lived until +the close of the war, and, on larger fields than that on which he first +appeared, proved that, though not educated for a soldier, he had +endowments which compensated for that disadvantage. + +The activity and vigilance of Stuart, afterward so distinguished as +commander of cavalry in the Army of Virginia, and the skill and daring +of Jackson, soon by greater deeds to become immortal, checked, punished, +and embarrassed the enemy in his threatened advances, and his movements +became so devoid of a definite purpose that one was at a loss to divine +the object of his campaign, unless it was to detain General Johnston +with his forces in the Valley of the Shenandoah, while General McDowell, +profiting by the feint, should make the real attack upon General +Beauregard's army at Manassas. However that may be, the evidence finally +became conclusive that the enemy under General McDowell was moving to +attack the army under General Beauregard. The contingency had therefore +arisen for that junction which was necessary to enable us to resist the +vastly superior numbers of our assailant; for, though the most strenuous +and not wholly unsuccessful exertions had been made to reenforce both +the Armies of the Shenandoah and of the Potomac, they yet remained far +smaller than those of the enemy confronting them, and made a junction of +our forces indispensable whenever the real point of attack should be +ascertained. For this movement we had the advantage of an interior line, +so that, if the enemy should discover it after it commenced, he could +not counteract it by adopting the same tactics. The success of this +policy, it will readily be perceived, depended upon the time of +execution, for, though from different causes, failure would equally +result if done too soon or too late. The determination as to which army +should be reenforced from the other, and the exact time of the transfer, +must have been a difficult problem, as both the generals appear to have +been unable to solve it (each asking reenforcements from the other). + +On the 9th of July General Johnston wrote an official letter, from which +I make the following extracts: + + "Headquarters, Winchester, _July 9, 1861_. + + "General: ... Similar information from other sources gives me + the impression that the reenforcements arriving at Martinsburg + amount to seven or eight thousand. I have estimated the enemy's + force hitherto, you may remember, at eighteen thousand. + Additional artillery has also been received. They were greatly + superior to us in that arm before. + + "The object of reenforcing General Patterson must be an advance + upon this place. Fighting here against great odds seems to me + more prudent than retreat. + + "I have not asked for reenforcements, because I supposed that + the War Department, informed of the state of affairs everywhere, + could best judge where the troops at its disposal are most + required.... + + "Most respectfully, your obedient servant, + + (Signed) "Joseph E. Johnston, + + "_Brigadier-General, etc._" + + "If it is proposed to strengthen us against the attack I suggest + as soon to be made, it seems to me that General Beauregard might + with _great expedition_ furnish five or six thousand men for a + few days. + + "J. E. J." + +As soon as I became satisfied that Manassas was the objective point of +the enemy's movement, I wrote to General Johnston, urging him to make +preparations for a junction with General Beauregard, and to his +objections, and the difficulties he presented, replied at great length, +endeavoring to convince him that the troops he described as embarrassing +a hasty march might be withdrawn in advance of the more effective +portion of his command. Writing with entire confidence, I kept no copy +of my letters, and, when subsequent events caused the wish to refer to +them, I requested General Johnston to send me copies of them. He replied +that his tent had been blown down, and his papers had been scattered. +His letters to me, which would show the general purport of mine to him, +have shared the fate which during or soon after the close of the war +befell most of the correspondence I had preserved, and his retained +copies, if still in his possession, do not appear to have been deemed of +sufficient importance to be inserted in his published "Narrative." + +On the 17th of July, 1861, the following telegram was sent by the +Adjutant-General: + + "Richmond, _July 17, 1861_. + + "_To_ General J. E. Johnston, _Winchester, Virginia_. + + "General Beauregard is attacked. To strike the enemy a decisive + blow, a junction of all your effective force will be needed. If + practicable, make the movement, sending your sick and baggage to + Culpepper Court-House, either by railroad or by Warrenton. In + all the arrangements exercise your discretion. + + (Signed) "S. Cooper, + + "_Adjutant and Inspector-General_." + +The confidence reposed in General Johnston, sufficiently evinced by the +important command intrusted to him, was more than equal to the +expectation that he would do all that was practicable to execute the +order for a junction, as well as to secure his sick and baggage. For the +execution of the one great purpose, that he would allow no minor +question to interfere with that which was of vital importance, and for +which he was informed all his "effective force" would "be needed." + +The order referred to was the telegram inserted above, in which the +sending the sick to Culpepper Court-House might have been after or +before the effective force had moved to the execution of the main and +only positive part of the order. All the arrangements were left to the +discretion of the General. It seems strange that any one has construed +this expression as meaning that the movement for a junction was left to +the discretion of that officer, and that the forming of a junction--the +imperious necessity--should have been termed in the order "all the +arrangement," instead of referring that word to its proper connection, +the route and mode of transportation. The General had no margin on which +to institute a comparison as to the importance of his remaining in the +Valley, according to his previous assignment, or going where he was +ordered by competent authority. + +It gives me pleasure to state that, from all the accounts received at +the time, the plans of General Johnston, for masking his withdrawal to +form a junction with General Beauregard, were conducted with marked +skill, and, though all of his troops did not arrive as soon as expected +and needed, he has satisfactorily shown that the failure was not due to +any defect in his arrangements for their transportation. + +The great question of uniting the two armies had been decided at +Richmond. The time and place depended on the enemy, and, when it was +seen that the real attack was to be against the position at Manassas, +the order was sent to General Johnston to move to that point. His +letters of the 12th and 15th instant expressed his doubts about his +power to retire from before the superior force of General Patterson, +therefore the word "practicable" was in this connection the equivalent +of possible. That it was, at the time, so understood by General +Johnston, is shown by his reply to the telegram. + + "Headquarters, Winchester, _July 18, 1861_. + + "General: I have had the honor to receive your telegram of + yesterday. + + "General Patterson, who had been at Bunker Hill since Monday, + seems to have moved yesterday to Charlestown, twenty-three miles + to the east of Winchester. + + "Unless he prevents it, we shall move toward General Beauregard + to-day.... + + (Signed) "Joseph E. Johnston. + + "General S. Cooper." + +After General Johnston commenced his march to Manassas, he sent to me a +telegram, the substance of which, as my memory serves and the reply +indicates, was an inquiry as to the relative position he would occupy +toward General Beauregard. I returned the following answer: + + "Richmond, _July 20, 1861_. + + "General J. E. Johnston, _Manassas Junction, Virginia_. + + "You are a general in the Confederate Army, possessed of the + power attaching to that rank. You will know how to make the + exact knowledge of Brigadier-General Beauregard, as well of the + ground as of the troops and preparation, avail for the success + of the object in which you cooeperate. The zeal of both assures + me of harmonious action. + + (Signed) "Jefferson Davis." + +General Johnston, by his promotion to the grade of general, as well as +his superior rank as a brigadier over Brigadier-General Beauregard, gave +him precedence; so there was no need to ask which of the two would +command the whole, when their troops should join and do duty together. +Therefore his inquiry, as it was revolved in my mind, created an +anxiety, not felt before, lest there should be some unfortunate +complication, or misunderstanding, between these officers, when their +forces should be united. Regarding the combat of the 18th of July as the +precursor of a battle, I decided, at the earliest moment, to go in +person to the army. + +As has been heretofore stated, Congress was to assemble on the 20th of +July, to hold its first session at the new capital, Richmond, Virginia. +My presence on that occasion and the delivery of a message were required +by usage and law. After the delivery of the message to Congress on +Saturday, the 20th of July, I intended to leave in the afternoon for +Manassas, but was detained until the next morning, when I left by rail, +accompanied by my aide-de-camp, Colonel J. R. Davis, to confer with the +generals on the field. As we approached Manassas Railroad junction, a +cloud of dust was visible a short distance to the west of the railroad. +It resembled one raised by a body of marching troops, and recalled to my +remembrance the design of General Beauregard to make the Rappahannock +his second line of defense. It was, however, subsequently learned that +the dust was raised by a number of wagons which had been sent to the +rear for greater security against the contingencies of the battle. The +sound of the firing had now become very distinct, so much so as to leave +no doubt that a general engagement had commenced. Though that event had +been anticipated as being near at hand after the action of the 18th, it +was both hoped and desired that it would not occur quite so soon, the +more so as it was not known whether the troops from the Valley had yet +arrived. + +On reaching the railroad junction, I found a large number of men, +bearing the usual evidence of those who leave the field of battle under +a panic. They crowded around the train with fearful stories of a defeat +of our army. The railroad conductor announced his decision that the +railroad train should proceed no farther. Looking among those who were +about us for one whose demeanor gave reason to expect from him a +collected answer, I selected one whose gray beard and calm face gave +best assurance. He, however, could furnish no encouragement. Our line, +he said, was broken, all was confusion, the army routed, and the battle +lost. I asked for Generals Johnston and Beauregard; he said they were on +the field when he left it. I returned to the conductor and told him that +I must go on; that the railroad was the only means by which I could +proceed, and that, until I reached the headquarters, I could not get a +horse to ride to the field where the battle was ragging. He finally +consented to detach the locomotive from the train, and, for my +accommodation, to run it as far as the army headquarters. In this manner +Colonel Davis, aide-de-camp, and myself proceeded. + +At the headquarters we found the Quartermaster General, W. L. Cabell, +and the Adjutant-General, Jordan, of General Beauregard's staff, who +courteously agreed to furnish us horses, and also to show us the route. +While the horses were being prepared, Colonel Jordan took occasion to +advise my aide-de-camp, Colonel Davis, of the hazard of going to the +field, and the impropriety of such exposure on my part. The horses were +after a time reported ready, and we started to the field. The stragglers +soon became numerous, and warnings as to the fate which awaited us if we +advanced were not only frequent but evidently sincere. + +There were, however, many who turned back, and the wounded generally +cheered upon meeting us. I well remember one, a mere stripling, who, +supported on the shoulders of a man, who was bearing him to the rear, +took off his cap and waved it with a cheer, that showed within that +slender form beat the heart of a hero--breathed a spirit that would dare +the labors of Hercules. + +As we advanced, the storm of the battle was rolling westward, and its +fury became more faint. When I met General Johnston, who was upon a hill +which commanded a general view of the field of the afternoon's +operations, and inquired of him as to the state of affairs, he replied +that we had won the battle. I left him there and rode still farther to +the west. Several of the volunteers on General Beauregard's staff joined +me, and a command of cavalry, the gallant leader of which, Captain John +F. Lay, insisted that I was too near the enemy to be without an escort. +We, however, only saw one column near to us that created a doubt as to +which side it belonged; and, as we were riding toward it, it was +suggested that we should halt until it could be examined with a +field-glass. Colonel Chesnut dismounted so as the better to use his +glass, and at that moment the column formed into line, by which the wind +struck the flag so as to extend it, and it was plainly revealed to be +that of the United States. + +Our cavalry, though there was present but the squadron previously +mentioned, and from a statement of the commander of which I will make +some extracts, dashed boldly forward to charge. The demonstration was +followed by the immediate retreat of what was, I believe, the last, +thereabout, of the enemy's forces maintaining their organization, and +showing a disposition to dispute the possession of the field of battle. +In riding over the ground, it seemed quite possible to mark the line of +a fugitive's flight. Here was a musket, there a cartridge-box, there a +blanket or overcoat, a haversack, etc., as if the runner had stripped +himself, as he went, of all impediments to speed. + +As we approached toward the left of our line, the signs of an utter rout +of the enemy were unmistakable, and justified the conclusion that the +watchword of "On to Richmond!" had been changed to "Off for Washington!" + +On the extreme left of our field of operations, I found the troops whose +opportune arrival had averted impending disaster, and had so materially +contributed to our victory. Some of them had, after arriving at the +Manassas Railroad junction, hastened to our left; their +brigadier-general, E. K. Smith, was wounded soon after getting into +action, and the command of the brigade devolved upon Elzy, by whom it +was gallantly and skillfully led to the close of the battle; others, +under the command of General (then Colonel) Early, made a rapid march, +under the pressing necessity, from the extreme right of our line to and +beyond our left, so as to attack the enemy in flank, thus inflicting on +him the discomfiture his oblique movement was designed to inflict on us. +All these troops and the others near to them had hastened into action +without supplies or camp-equipage; weary, hungry, and without shelter, +night closed around them where they stood, the blood-stained victors on +a hard-fought field. + +It was reported to me that some of the troops had been so long without +food as to be suffering severe hunger, and that no supplies could be got +where they were. I made several addresses to them, all to the effect +that their position was that best adapted to a pursuit of the enemy, and +that they should therefore remain there; adding that I would go to the +headquarters and direct that supplies should be sent to them promptly. + +General (then Colonel) Early, commanding a brigade, informed me of some +wounded who required attention; one, Colonel Gardner, was, he said, at a +house not far from where we were. I rode to see him, found him in severe +pain, and from the twitching, visible and frequent, seemed to be +threatened with tetanus. A man sat beside him whose uniform was that of +the enemy; but he was gentle, and appeared to be solicitously attentive. +He said that he had no morphine, and did not know where to get any. I +found in a short time a surgeon who went with me to Colonel Gardner, +having the articles necessary in the case. Before leaving Colonel +Gardner, he told me that the man who was attending to him might, without +hindrance, have retreated with his comrades, but had kindly remained +with him, and he therefore asked my protection for the man. I took the +name and the State of the supposed good Samaritan, and at army +headquarters directed that he should not be treated as a prisoner. The +sequel will be told hereafter. + +It was then late, and we rode back in the night, say seven miles, to the +army headquarters. I had not seen General Beauregard on the field, and +did not find him at his quarters when we returned; the promise made to +the troops was therefore communicated to a staff-officer, who said he +would have the supplies sent out. At a later hour when I met General +Beauregard and informed him of what had occurred, he stated that, +because of a false alarm which had reached him, he had ordered the +troops referred to from the left to the right of our line, so as to be +in position to repel the reported movement of the enemy against that +flank. That such an alarm should have been credited, and a night march +ordered on account of it, shows how little the completeness of the +victory was realized. + + +[Footnote 178: see "Rebellion Record," vol. ii, pp. 164, 165.] + + + + +CHAPTER VII. + + Conference with the Generals after the Battle.--Order to pursue + the Enemy.--Evidences of a Thorough Rout.--"Sweet to die for + such a Cause."--Movements of the Next Day.--What more it was + practicable to do.--Charge against the President of preventing + the Capture of Washington.--The Failure to pursue.--Reflection + on the President.--General Beauregard's Report.--Endorsement + upon it.--Strength of the Opposing Forces.--Extracts relating to + the Battle, from the Narrative of General Early.--Resolutions of + Congress.--Efforts to increase the Efficiency of the Army. + + +At a late hour of the night, I had a conference with Generals Johnston +and Beauregard; the Adjutant-General of the latter, Colonel Jordan, was +present, and sat opposite to me at the table. + +When, after some preliminary conversation, I asked whether any troops +had been sent in pursuit of the enemy, I was answered in the negative. +Upon further inquiry as to what troops were in the best position for +pursuit, and had been least fatigued during the day, General Bonham's +brigade was named. I then suggested that he should be ordered in +pursuit; a pause ensued, until Colonel Jordan asked me if I would +dictate the order. I at once dictated an order for immediate pursuit. +Some conversation followed, the result of which was a modification of +the order by myself, so that, instead of immediate pursuit, it should be +commenced at early dawn. Colonel Jordan spoke across the table to me, +saying, "If you will send the order as you first dictated it, the enemy +won't stop till he gets into the Potomac." I believe I remember the +words very nearly, and am quite sure that I do remember them +substantially. On the 25th of March, 1878, I wrote to General Beauregard +as follows: + + "Dear Sir: Permit me to ask you to recall the conference held + between General Johnston, yourself, and myself, on the night + after the close of the battle of Manassas; and to give me, if + you can, a copy of the order which I dictated, and which your + adjutant-general, T. J. Jordan, wrote at my dictation, directing + Brigadier-General Bonham to follow the retreating enemy. If you + can not furnish a copy of the order, please give me your + recollection of its substance. + + "Yours respectfully, + + (Signed) "Jefferson Davis." + +To this letter General Beauregard courteously replied that his +order-book was in New York, in the hands of a friend, to whom he would +write for a copy of the order desired if it should be in said book, and +that he would also write to his adjutant, General Jordan, for his +recollection of the order if it had not been inscribed in the +order-book. + +On the 24th of April General Beauregard forwarded to me the answer to +his inquiries in my behalf, as follows: + + "New York, 63 Broadway, _April 18, 1878_. + + "My dear General: In answer to your note, I hasten to say that + properly Mr. Davis is not to be held accountable for our failure + to pursue McDowell from the field of Manassas the night of the + 21st of July, 1861. + + "As to the order, to which I presume Mr. Davis refers in his + note to you, I recollect the incident very distinctly. + + "The night of the battle, as I was about to ascend to your + quarters over my office, Captain E. P. Alexander, of your staff, + informed me that Captain ----, attached to General Johnston's + Army of the Shenandoah, reported that he had been as far forward + as Centreville, where he had seen the Federal army completely + routed and in full flight toward Washington. + + "This statement I at once repeated to Mr. Davis, General + Johnston, and yourself, whom I found seated around your + table--Mr. Davis at the moment writing a dispatch to General + Cooper. + + "As soon as I had made my report, Mr. Davis with much animation + asserted the necessity for an urgent pursuit that night by + Bonham, who, with his own brigade and that of Longstreet, was in + close proximity to Centreville at the moment. So I took my seat + at the same table with you, and wrote the order for pursuit, + substantially at the dictation of Mr. Davis. But, while writing, + either I happened to remember, or Captain Alexander himself--as + I am inclined to believe--called me aside to remind me that his + informant was known among us of the old army as ---- ----, + because of eccentricities, and in contradistinction with others + of the same name. When I repeated this reminder, Mr. Davis + recalled the _sobriquet_, as he had a precise personal knowledge + of the officers of the old army. He laughed heartily, as did all + present. + + "The question of throwing General Bonham forward that night, + upon the unverified report of Captain ----, was now briefly + discussed, with a unanimous decision against it; therefore, the + order was not dispatched. + + "It is proper to add in this connection that, so far as I am + aware--and I had the opportunity of knowing what occurred--this + was the only instance during Mr. Davis's stay at Manassas in + which he exercised any voice as to the movement of the troops. + Profoundly pleased with the results achieved by the happy + juncture of the two Confederate armies upon the very field of + battle, his bearing toward the generals who commanded them was + eminently proper, as I have testified on a former occasion; and, + I repeat, he certainly expressed or manifested no opposition to + a forward movement, nor did he display the least disposition to + interfere by opinion or authority touching what the Confederate + forces should or should not do. + + "You having at the close of the day surrendered the command, + which had been left in your hands, over both Confederate armies + during the engagement, General Johnston was that night in chief + command. He was decidedly averse to an immediate offensive, and + emphatically discountenanced it as impracticable. + + "Very truly, your friend, + + (Signed) "Thomas Jordan. + + "General P. G. T. Beauregard, _New Orleans, Louisiana_." + +General Beauregard, in his letter forwarding the above, wrote, "The +account given herewith by General Jordan of what occurred there +respecting further pursuit that night agrees with my own recollection." + +It was a matter of importance, as I regarded it, to follow closely on +the retreating enemy, but it was of no consequence then or now as to who +issued the order for pursuit, and, unless requested, I should not have +dictated one, preferring that the generals to whom the operations were +confided should issue all orders to the troops. I supposed the order, as +modified by myself, had been sent. I have found, however, since the +close of the war, that it was not, but that an order to the same effect +was sent on the night of the 21st of July, for a copy of which I am +indebted to the kindness of that chivalrous gentleman, soldier, and +patriot, General Bonham. It is as follows: + + "Headquarters Army of the Potomac, + + "Manassas, _July 21, 1861_. + + "(Special Orders, No. 140.) + + "I. General Bonham will send, as early as practicable in the + morning, a command of two of his regiments of infantry, a strong + force of cavalry, and one field-battery, to scour the country + and roads to his front, toward Centreville. He will carry with + him abundant means of transportation for the collection of our + wounded, all the arms, ammunition, and abandoned hospital + stores, subsistence, and baggage, which will be sent immediately + to these headquarters. + + "General Bonham will advance with caution, throwing out an + advanced guard and skirmishers on his right and left, and the + utmost caution must be taken to prevent firing into our own men. + + "Should it appear, while this command is occupied as directed, + that it is insufficient for the purposes indicated, General + Bonham will call on the nearest brigade commander for support. + + "II. Colonel P. St. George Cocke, commanding, will dispatch at + the same time, for similar purposes, a command of the same size + and proportions of infantry, artillery, and cavalry on the road + _via_ Stone Bridge; and another command of two companies of + infantry and one of cavalry on the road by which the enemy + retreated toward and _via_ Sudley's Mills. + + "By command of Brigadier-General Beauregard: + + (Signed) "Thomas Jordan, _A. A. Adjutant-General._ + + "To Brigadier-General Bonham." + +Impressed with the belief that the enemy was very superior to us, both +in numbers and appointments, I had felt apprehensive that, unless +pressed, he would recover from the panic under which he fled from the +field, rally on his reserves, and renew the contest. Therefore it was +that I immediately felt the necessity for a pursuit of the fugitives, +and insisted that the troops on the extreme left should retain their +position during the night of the 21st, as has been heretofore stated. In +conference with the generals that night, this subject was considered, +and I dictated an order for a movement on the rear of the enemy at early +dawn, which, on account of the late hour at which it was given, differed +very little from one for an immediate movement. A rainfall, +extraordinary for its violence and duration, occurred on the morning of +the succeeding day, so that, over places where during the battle one +could scarcely get a drink of water, rolled torrents which, in the +afternoon of the 22d, it was difficult to cross. + +From these and other causes, the troops were scattered to such an extent +that but few commands could have been assembled for immediate service. +It was well for us that the enemy, instead of retiring in order, so as +to be rallied and again brought to the attack, left hope behind, and +fled in dismay to seek for safety beyond the Potomac. + +Each hour of the day following the battle added to the evidence of a +thorough rout of the enemy. Abandoned wagons, stores, guns, caissons, +small-arms, and ammunition, proved his complete demoralization. As far +as our cavalry went, no hostile force was met, and all the indications +favored the conclusion that the purpose of invasion had for the time +been abandoned. + +The victory, though decisive and important, both in its moral and +physical effect, had been dearly bought by the sacrifice of the lives of +many of our bravest and best, who at the first call of their country had +rushed to its defense. + +When riding to the front, I met an ambulance bearing General Barnard Bee +from the field, where he had been mortally wounded, after his patriotism +had been illustrated by conspicuous exhibitions of skill, daring, and +fortitude. Soon after, I learned that my friend Colonel Bartow had +heroically sealed with his life-blood his faith in the sanctity of our +cause. He had been the chairman of the Committee on Military Affairs in +the Provisional Congress, and, after the laws were enacted to provide +for the public defense, he went to the field to maintain them. It is to +such virtuous and devoted citizens that a country is indebted for its +prosperity and honor, as well in peace as in war. + +Reference has been made to the dispersion of our troops after the +battle, and in this connection the following facts are mentioned: In the +afternoon of the 22d, with a guide, supposed to be cognizant of the +positions at which the different commands would be found, I went to +visit the wounded, and among them a youth of my family, who, it was +reported to me, was rapidly sinking. After driving many miles, and +witnessing very painful scenes, but seldom finding the troops in the +position where my guide supposed them to be, and always disappointed in +not discovering him I particularly sought, I was, at the approach of +night, about to abandon the search, when, accidentally meeting an +officer of the command to which the youth belonged, I was directed to +the temporary hospital to which the wounded of that command had been +removed. It was too late; the soul of the young soldier had just left +his body; the corpse lay before me. Around him were many gentle boys, +suffering in different degrees from the wounds they had received. One +bright, refined-looking youth from South Carolina, severely if not +fatally wounded, responded to my expression of sympathy by the heroic +declaration that it was "sweet to die for such a cause." + +Many kindred spirits ascended to the Father from that field of their +glory. The roll need not be recorded here; it has a more enduring +depository than the pen can make--the traditions of a grateful people. + +The victory at Manassas was certainly extraordinary, not only on account +of the disparity of numbers and the inferiority of our arms, but also +because of many other disadvantages under which we labored. We had no +disciplined troops, and, though our citizens were generally skilled in +the use of small-arms, which, with their high pride and courage, might +compensate for the want of training while in position, these +inadequately substituted military instruction when manoeuvres had to be +performed under fire, and could not make the old-fashioned musket equal +to the long-range, new-model muskets with which the enemy was supplied. +The disparity in artillery was still greater, both in the number and +kind of guns; but, thanks to the skill and cool courage of the Rev. +Captain W. N. Pendleton, his battery of light, smooth-bore guns, manned +principally by the youths whose rector he had been, proved more +effective in battle than the long-range rifle-guns of the enemy. The +character of the ground brought the forces into close contact, and the +ricochet of the round balls carried havoc into the columns of the enemy, +while the bolts of their rifle-guns, if they missed their object, +penetrated harmlessly into the ground. + +The field was very extensive, broken, and wooded. The senior general had +so recently arrived that he had no opportunity minutely to learn the +ground, and the troops he brought were both unacquainted with the field +and with those with whom they had to cooeperate. To all this must be +added the disturbing fact that the plan of battle, as originally +designed, was entirely changed by the movement of the enemy on our +extreme left, instead of right and center, as anticipated. The +operations, therefore, had to be conducted against the plan of the +enemy, instead of on that which our generals had prepared and explained +to their subordinate commanders. The promptitude with which the troops +moved, and the readiness with which our generals modified their +preconceived plans to meet the necessities as they were developed, +entitled them to the commendation so liberally bestowed at the time by +their countrymen at large. + +General Johnston had been previously promoted to the highest grade in +our army, and I deemed it but a fitting reward for the services rendered +by General Beauregard that he should be promoted to the same grade; +therefore, I addressed to him the following letter: + + "Manassas, Virginia, _July 21, 1861._ + + "Sir: Appreciating your services in the battle of Manassas, and + on several other occasions during the existing war, as affording + the highest evidence of your skill as a commander, your + gallantry as a soldier, and your zeal as a patriot, you are + promoted to be a general in the army of the Confederate States + of America, and, with the consent of the Congress, will be duly + commissioned accordingly. + + "Yours, etc., + + (Signed) "Jefferson Davis. + + "General P. G. T. Beauregard, etc." + +The 22d, the day after the battle, was spent in following up the line of +the retreating foe, and collecting the large supplies of arms, of +ammunition, and other military stores. The supplies of the army were on +a scale of such luxurious extravagance as to excite the surprise of +those accustomed only to our rigid economy. The anticipation of an easy +victory had caused many to come to the battle as to a joyous feast, and +the signs left behind them of the extent to which they had been +disappointed in the entertainment, constituted the staple of many +laughable stories, which were not without their value because of the +lesson they contained as to the uncertainties of war, and the +mortification that usually follows vain boasting. Among the articles +abandoned by the enemy in his flight were some which excited a just +indignation, and which indicated the shameless disregard of all the +usages of honorable warfare. They were handcuffs, the fit appendage of a +policeman, but not of a soldier who came to meet his foeman hilt to +hilt. These were reported to have been found in large numbers; some of +them were sent to Richmond. + +On the night of the 22d I held a second conference with Generals +Johnston and Beauregard. All the revelations of the day were of the most +satisfactory character as to the completeness of our victory. The large +amount gained of fine artillery, small-arms, and ammunition, all of +which were much needed by us, was not the least gratifying consequence +of our success. The generals, like myself, were well content with what +had been done. + +I propounded to them the inquiry as to what more it was practicable to +do. They concurred as to their inability to cross the Potomac, and to +the further inquiry as to an advance to the south side of the Potomac, +General Beauregard promptly stated that there were strong fortifications +there, occupied by garrisons, which had not been in the battle, and were +therefore not affected by the panic which had seized the defeated army. +He described those fortifications as having wide, deep ditches, with +palisades, which would prevent the escalade of the works. Turning to +General Johnston, he said, "They have spared no expense." It was further +stated in explanation that we had no sappers and miners, nor even the +tools requisite to make regular approaches. If we had possessed both, +the time required for such operations would have more than sufficed for +General Patterson's army and other forces to have been brought to that +locality in such numbers as must have rendered the attempt, with our +present means, futile. + +This view of the matter rests on the supposition that the fortifications +and garrisons described did actually exist, of which there seemed then +to be no doubt. If the reports which have since reached us be true, that +there were at that time neither fortifications nor troops stationed on +the south bank of the Potomac; that all the enemy's forces fled to the +north side of the river, and even beyond; that the panic of the routed +army infected the whole population of Washington City; and that no +preparation was made, or even contemplated, for the destruction of the +bridge across the Potomac--then it may have been, as many have asserted, +that our army, following close upon the flying enemy, could have entered +and taken possession of the United States capital. These reports, +however, present a condition of affairs altogether at variance with the +information on which we had to act. Thus it was, and, so far as I knew, +for the reasons above stated, that an advance to the south bank of the +Potomac was not contemplated as the immediate sequence of the victory at +Manassas. What discoveries would have been made and what results would +have ensued from the establishment of our guns upon the south bank of +the river, to open fire upon the capital, are speculative questions upon +which it would be useless to enter. + +After the conference of the 22d, and because of it, I decided to return +to Richmond and employ all the power of my office to increase the +strength of the army, so as the better to enable it to meet the public +need, whether in offensive-defensive or purely defensive operations, as +opportunity should offer for the one, or the renewal of invasion require +the other. + +A short time subsequent to my return, a message was brought to me from +the prison, to the effect that a non-commissioned officer, captured at +Manassas, claimed to have a promise of protection from me. The name was +given Hulburt, of Connecticut. I had forgotten the name he gave when I +saw him; but, believing that I would recognize the person who had +attended to Colonel Gardner, and to whom only such a promise had been +given, the officer in charge was directed to send him to me. When he +came, I had no doubt of his identity, and explained to him that I had +directed that he should not be treated as a prisoner, but that, in the +multitude of those wearing the same uniform as his, some neglect or +mistake had arisen, for which I was very sorry, and that he should be +immediately released and sent down the river to the neighborhood of +Fortress Monroe, where he would be among his own people. He then told me +that he had a sister residing a few miles in the country, whom he would +be very glad to visit. Permission was given him to do so, and a time +fixed at which he was to report for transportation; and so he left, with +manifestations of thankfulness for the kindness with which he had been +treated. In due time a newspaper was received, containing an account of +his escape, and how he had lingered about the suburbs of Richmond and +made drawings of the surrounding fortifications. The treachery was as +great as if his drawings had been valuable, which they could not have +been, as we had only then commenced the detached works which were +designed as a system of defenses for Richmond. + +When the smoke of battle had lifted from the field of Manassas, and the +rejoicing over the victory had spread over the land and spent its +exuberance, some, who, like Job's war-horse, "snuffed the battle from +afar," but in whom the likeness there ceased, censoriously asked why the +fruits of the victory had not been gathered by the capture of Washington +City. Then some indiscreet friends of the generals commanding in that +battle, instead of the easier task of justification, chose the harder +one of exculpation for the imputed failure. Their ill-advised zeal, +combined perhaps with malice against me, induced the allegation that the +President had prevented the generals from making an immediate and +vigorous pursuit of the routed enemy. + +This, as other stories had been, was left to the correction which time +it was hoped would bring, the sooner because it was expected to be +refuted by the reports of the commanding generals with whom I had +conferred on that subject immediately after the battle. + +After considerable time had elapsed, it was reported to me that a member +of Congress, who had served on that occasion as a volunteer aide to +General Beauregard, had stated in the House of Representatives that I +had prevented the pursuit of the enemy after his defeat at Manassas. + +This gave to the rumor such official character and dignity as seemed to +me to entitle it to notice not theretofore given, wherefore I addressed +to General Johnston the following inquiry, which, though restricted in +its terms to the allegation, was of such tenor as left it to his option +to state all the facts connected with the slander, if he should choose +to do me that justice, or should see the public interest involved in the +correction, which, as stated in my letter to him, was that which gave it +in my estimation its claim to consideration, and had caused me to +address him on the subject: + + "Richmond, Virginia, _November 3, 1861._ + + "General J. E. Johnston, _commanding Department of the Potomac._ + + "Sir: Reports have been, and are being, widely circulated to the + effect that I prevented General Beauregard from pursuing the + enemy after the battle of Manassas, and had subsequently + restrained him from advancing upon Washington City. Though such + statements may have been made merely for my injury, and in that + view might be postponed to a more convenient season, they have + acquired importance from the fact that they have served to + create distrust, to excite disappointment, and must embarrass + the Administration in its further efforts to reenforce the + armies of the Potomac, and generally to provide for the public + defense. For these public considerations, I call upon you, as + the commanding general, and as a party to all the conferences + held by me on the 21st and 22d of July, to say whether I + obstructed the pursuit of the enemy after the victory at + Manassas, or have ever objected to an advance or other active + operation which it was feasible for the army to undertake. + + "Very respectfully, yours, etc., + + (Signed) "Jefferson Davis." + + "Headquarters, Centreville, _November 10, 1861_. + + "To his Excellency the President. + + "Sir: I have had the honor to receive your letter of the 3d + inst., in which you call upon me, 'as the commanding general, + and as a party to all the conferences held by you on the 21st + and 22d of July, to say whether you obstructed the pursuit after + the victory of Manassas, or have ever objected to an advance or + other active operation which it was feasible for the army to + undertake?' + + "To the first question I reply, No. The pursuit was 'obstructed' + by the enemy's troops at Centreville, as I have stated in my + official report. In that report I have also said why no advance + was made upon the enemy's capital (for reasons) as follows: + + "The apparent freshness of the United States troops at + Centreville, which checked our pursuit; the strong forces + occupying the works near Georgetown, Arlington, and Alexandria; + the certainty, too, that General Patterson, if needed, would + reach Washington with his army of more than thirty thousand + sooner than we could; and the condition and inadequate means of + the army in ammunition, provisions, and transportation, + prevented any serious thoughts of advancing against the capital. + + "To the second question I reply that it has never been feasible + for the army to advance farther than it has done--to the line of + Fairfax Court-House, with its advanced posts at Upton's, + Munson's, and Mason's Hills. After a conference at Fairfax + Court-House with the three senior general officers, you + announced it to be impracticable to give this army the strength + which those officers considered necessary to enable it to assume + the offensive. Upon which I drew it back to its present + position. + + "Most respectfully, your obedient servant, + + (Signed) "J. E. Johnston." + +This answer to my inquiry was conclusive as to the charge which had been +industriously circulated that I had prevented the immediate pursuit of +the enemy, and had obstructed active operations after the battle of +Manassas, and thus had caused the failure to reap the proper fruits of +the victory. + +No specific inquiry was made by me as to the part I took in the +conferences of the 21st and 22d of July, but a general reference was +made to them. The entire silence of General Johnston in regard to those +conferences is noticeable from the fact that, while his answer was +strictly measured by the terms of my inquiry as to pursuit, he added a +statement about a conference at Fairfax Court-House, which occurred in +the autumn, say October, and could have had no relation to the question +of pursuit of the enemy after the victory of Manassas, or other active +operations therewith connected. The reasons stated in my letter for +making an inquiry, naturally pointed to the conferences of the 21st and +22d of July, but surely not to a conference held months subsequent to +the battle, and on a question quite different from that of hot pursuit. +In regard to the matter of this subsequent conference I shall have more +to say hereafter. + +I left the field of Manassas, proud of the heroism of our troops in +battle, and of the conduct of the officers who led them. Anxious to +recognize the claim of the army on the gratitude of the country, it was +my pleasing duty to bear testimony to their merit in every available +form. Those who left the field and did not return to share its glory, it +was wished, should only be remembered as exceptions proving a rule. + +With all the information possessed at the time by the commanding +generals, the propriety of maintaining our position, while seeking +objects more easily attained than the capture of the United States +capital, seemed to me so demonstrable as to require no other +justification than the statements to which I have referred in connection +with the conference of the 22d of July. It would have seemed to me then, +as it does now, to be less than was due to the energy and fortitude of +our troops, to plead a want of transportation and supplies for a march +of about twenty miles through a country which had not then been denuded +by the ravages of war. + +Under these impressions, and with such feelings, I wrote to General +Beauregard as follows: + + "Richmond, Virginia, _August 4, 1861._ + + "General Beauregard, _Manassas, Virginia._ + + "My Dear Sir: ... I think you are unjust to yourself in putting + your failure to pursue the enemy to Washington to the account of + short supplies of subsistence and transportation. Under the + circumstances of our army, and in the absence of the knowledge + since acquired, if indeed the statements be true, it would have + been extremely hazardous to have done more than was performed. + You will not fail to remember that, so far from knowing that the + enemy was routed, a large part of our forces was moved by you, + in the night of the 21st, to repel a supposed attack upon our + right, and that the next day's operations did not fully reveal + what has since been reported of the enemy's panic. Enough was + done for glory, and the measure of duty was full; let us rather + show the untaught that their desires are unreasonable, than, by + dwelling on possibilities recently developed, give form and + substance to the criticisms always easy to those who judge after + the event. + + "With sincere esteem, I am your friend, + + (Signed) "Jefferson Davis." + +I had declared myself content and gratified with the conduct of the +troops and the officers, and supposed the generals, in recognition of my +efforts to aid them by increasing their force and munitions, as well as +by my abstinence from all interference with them upon the field, would +have neither cause nor motive to reflect upon me in their reports, and +it was with equal surprise and regret that in this I found myself +mistaken. General Johnston, in his report, represented the order to him +to make a junction with General Beauregard as a movement left to his +discretion, with the condition that, if made, he should first send his +sick and baggage to Culpepper Court-House. I felt constrained to put +upon his report when it was received the following endorsement: + + "The telegram referred to by General Johnston in this report as + received by him about one o'clock on the morning of the 18th of + July is inaccurately reported. The following is a copy: + + "'Richmond, _July 17, 1861_. + + "'General J. E. Johnston, _Winchester, Virginia_. + + "'General Beauregard is attacked. To strike the enemy a decisive + blow, a junction of all your effective force will be needed. If + practicable, make the movement, sending your sick and baggage to + Culpepper Court-House, either by railroad or by Warrenton. In + all the arrangements, exercise your discretion. + + "'S. Cooper, _Adjutant and Inspector-General_.' + + "The word 'after' is not found in the dispatch before the words + 'sending your sick,' as is stated in the report; so that the + argument based on it requires no comment. The order to move 'if + practicable' had reference to General Johnston's letters of the + 12th and 15th of July, representing the relative strength and + positions of the enemy under Patterson and of his own forces to + be such as to make it doubtful whether General Johnston had the + power to effect the movement." + +Upon the receipt of General Beauregard's report of the battle of +Manassas, I found that it contained matter which seemed to me out of +place, and therefore addressed to him the following letter: + + "Richmond, Virginia, _October 30, 1861_. + + "General Beauregard, _Manassas, Virginia_. + + "Sir: Yesterday my attention was called to various newspaper + publications purporting to have been sent from Manassas, and to + be a synopsis of your report of the battle of the 21st of July + last, and in which it is represented that you have been + overruled by me in your plan for a battle with the enemy south + of the Potomac, for the capture of Baltimore and Washington, and + the liberation of Maryland. + + "I inquired for your long-expected report, and it has been + to-day submitted to my inspection. It appears, by official + endorsement, to have been received by the Adjutant-General on + the 18th of October, though it is dated August 26, 1861. + + "With much surprise I found that the newspaper statements were + sustained by the text of your report. I was surprised, because, + if we did differ in opinion as to the measure and purposes of + contemplated campaigns, such fact could have no appropriate + place in the report of a battle; further, because it seemed to + be an attempt to exalt yourself at my expense; and, especially, + because no such plan as that described was submitted to me. It + is true that, some time before it was ordered, you expressed a + desire for the junction of General Johnston's army with your + own. The movement was postponed until the operations of the + enemy rendered it necessary, and until it became thereby + practicable to make it with safety to the Valley of Virginia. + Hence, I believe, was secured the success by which it was + attended. + + "If you have retained a copy of the plan of campaign which you + say was submitted to me through Colonel Chesnut, allow me to + request that you will furnish me with a duplicate of it." + + "Very respectfully yours, etc.," + + (Signed) "Jefferson Davis." + +As General Beauregard did not think proper to omit that portion of his +report to which objection was made, it necessitated, when the entire +report was transmitted to Congress, the placing of an endorsement upon +it, reviewing that part of the report which I considered objectionable. +The Congress, in its discretion, ordered the publication of the report, +except that part to which the endorsement referred, thereby judiciously +suppressing both the endorsement and the portion of the report to which +it related. In this case, and _every other_ official report ever +submitted to me, I made neither alteration nor erasure. + +That portion of the report which was suppressed by the Congress has, +since the war, found its way into the press, but the endorsement which +belonged to it has not been published. As part of the history of the +time, I will here present both in their proper connection: + + "General S. Cooper, _Adjutant and Inspector-General, Richmond + Virginia._ + + "Before entering upon a narration of the general military + operations in the presence of the enemy on July 21st, I + propose--I hope not unreasonably--first to recite certain events + which belong to the strategy of the campaign, and consequently + form an essential part of the history of the battle. + + "Having become satisfied that the advance of the enemy with a + decidedly superior force, both as to numbers and war equipage, + to attack or turn my position in this quarter was immediately + impending, I dispatched, on July 13th, one of my staff, Colonel + James Chesnut, of South Carolina, to submit for the + consideration of the President a plan of operations + substantially as follows: + + "I proposed that General Johnston should unite, as soon as + possible, the bulk of the Army of the Shenandoah with that of + the Potomac, then under my command, leaving only sufficient + force to garrison his strong works at Winchester, and to guard + the five defensive passes of the Blue Ridge, and thus hold + Patterson in check. At the same time Brigadier-General Holmes + was to march hither with all of his command not essential for + the defense of the position of Acquia Creek. These junctions + having been effected at Manassas, an immediate, impetuous attack + of our combined armies upon General McDowell was to follow, as + soon as he approached my advanced position, at and around + Fairfax Court-House, with the inevitable result, as I submitted, + of his complete defeat, and the destruction or capture of his + army. This accomplished, the Army of the Shenandoah, under + General Johnston, increased with a part of my forces and + rejoined as he returned by the detachment left to hold the + mountain-passes, was to march back rapidly into the Valley, fall + upon and crush Patterson with a superior force, wheresoever he + might be found. This, I confidently estimated, could be achieved + within fifteen days after General Johnston should march from + Winchester for Manassas. + + "Meanwhile, I was to occupy the enemy's works on this side of + the Potomac, if, as I anticipated, he had been so routed as to + enable me to enter them with him or, if not, to retire again for + a time within the lines of Bull Run with my main force. + Patterson having been virtually destroyed, then General Johnston + would reenforce General Garnett sufficiently to make him + superior to his opponent (General McClellan) and able to defeat + that officer. This done, General Garnett was to form an + immediate junction with General Johnston, who was forthwith to + cross the Potomac into Maryland with his whole force, arouse the + people as he advanced to the recovery of their political rights, + and the defense of their homes and families from an offensive + invader, and then march to the investment of Washington, in the + rear, while I resumed the offensive in front. This plan of + operations, you are aware, was not acceptable at the time, from + considerations which appeared so weighty as to more than + counterbalance its proposed advantages. Informed of these views, + and of the decision of the War Department, I then made my + preparations for the stoutest practicable defense of the line of + Bull Run, the enemy having developed his purpose, by the advance + on and occupation of Fairfax Court-House, from which my advance + brigade had been withdrawn. + + "The War Department having been informed by me, by telegraph on + July 17th, of the movement of General McDowell, General Johnston + was immediately ordered to form a junction of his army corps + with mine, should the movement in his judgment be deemed + advisable. General Holmes was also directed to push forward with + two regiments, a battery, and one company of cavalry."[179] + + "ENDORSEMENT. + + "The order issued by the War Department to General Johnston was + not, as herein reported, to form a junction, 'should the + movement in his judgment be deemed advisable.' The following is + an accurate copy of the order: + + "'General Beauregard is attacked. To strike the enemy a decisive + blow, a junction of all your effective force will be needed. If + practicable, make the movement, sending your sick and baggage to + Culpepper Court-House, either by railroad or by Warrenton. In + all the arrangements, exercise your discretion.' + + "The words 'if practicable' had reference to letters of General + Johnston of the 12th and 15th of July, which made it extremely + doubtful if he had the power to make the movement, in view of + the relative strength and position of Patterson's forces as + compared with his own. + + "The plan of campaign reported to have been submitted, but not + accepted, and to have led to a decision of the War Department, + can not be found among its files, nor any reference to any + decision made upon it; and it was not known that the army had + advanced beyond the line of Bull Run, the position previously + selected by General Lee, and which was supposed to have + continued to be the defensive line occupied by the main body of + our forces. Inquiry has developed the fact that a message, to be + verbally delivered, was sent by Hon. Mr. Chesnut. If the + conjectures recited in the report were entertained, they rested + on the accomplishment of one great condition, namely, that a + junction of the forces of Generals Johnston and Holmes should be + made with the army of General Beauregard and should gain a + victory. The junction was made, the victory was won; but the + consequences that were predicted did not result. The reasons why + no such consequences could result are given in the closing + passages of the reports of both the commanding generals, and the + responsibility can not be transferred to the Government at + Richmond, which certainly would have united in any feasible plan + to accomplish such desirable results. + + "If the plan of campaign mentioned in the report had been + presented in a written communication, and in sufficient detail + to permit proper investigation, it must have been pronounced to + be impossible at that time, and its proposal could only have + been accounted for by the want of information of the forces and + positions of the armies in the field. The facts that rendered it + impossible are the following: + + "1. It was based, as related from memory by Colonel Chesnut, on + the supposition of drawing a force of about twenty-five thousand + men from the command of General Johnston. The letters of General + Johnston show his effective force to have been only eleven + thousand, with an enemy thirty thousand strong in his front, + ready to take possession of the Valley of Virginia on his + withdrawal. + + "2. It proposed to continue operations by effecting a junction + of a part of the victorious forces with the army of General + Garnett in Western Virginia. General Garnett's forces amounted + only to three or four thousand men, then known to be in rapid + retreat before vastly superior forces under McClellan, and the + news that he was himself killed and his army scattered arrived + within forty-eight hours of Colonel Chesnut's arrival in + Richmond. + + "3. The plan was based on the improbable and inadmissible + supposition that the enemy was to await everywhere, isolated and + motionless, until our forces could effect junctions to attack + them in detail. + + "4. It could not be expected that any success obtainable on the + battle-field would enable our forces to carry the fortifications + on the Potomac, garrisoned, and within supporting distance of + fresh troops; nor after the actual battle and victory did the + generals on the field propose an advance on the capital, nor + does it appear that they have since believed themselves in a + condition to attempt such a movement. + + "It is proper also to observe that there is no communication on + file in the War Department, as recited at the close of the + report, showing what were the causes which prevented the advance + of our forces and prolonged, vigorous pursuit of the enemy to + and beyond the Potomac. + + (Signed) "Jefferson Davis." + +It has not been my purpose to describe the battles of the war. To the +reports of the officers serving on the field, in the armies of both +Governments, the student of history must turn for knowledge of the +details, and it will be the task of the future historian, from +comparison of the whole, to deduce the truth. + +It is fortunate for the cause of justice that error and +misrepresentation have, in their inconsistencies and improbabilities, +the elements of self-destruction, while truth is in its nature +consistent and therefore self-sustaining. To such general remarks in +regard to campaigns, sieges, and battles as may seem to me appropriate +to the scope and object of my work, I shall append or insert, from time +to time, the evidence of reliable actors in those affairs, as well to +elucidate obscurity as to correct error. + +From the official reports it appears that the strength of the two armies +was: Confederate, 30,167 men of all arms, with 29 guns;[180] Federal, +35,732 men,[181] with a body of cavalry, of which only one company is +reported, and a large artillery force not shown in the tabular +statement. Of these troops, some on both sides were not engaged in the +battle. This, it is believed, was the case to a much larger extent on +our side than on that of the enemy. He selected the point of attack, and +could concentrate his troops for that purpose, but we were guarding a +line of some seven miles front, and therefore widely dispersed. + +For the purpose above stated, extracts are herein inserted from a +narrative in the "Operations on the Line of Bull Run in June and July, +1861, including the First Battle of Manassas." The name of the author, +J. A. Early, will, to all who know him, be a sufficient guarantee for +the accuracy of the statements, and for the justice of the conclusions +announced. To those who do not know him, it may be proper to state that +he was educated as a soldier; after leaving the army became a lawyer, +but, when his country was involved in war with Mexico, he volunteered +and served in a regiment of his native State, Virginia. After that war +terminated, he returned to the practice of his profession, which he was +actively pursuing when the controversy between the sections caused the +call of a convention to decide whether Virginia should secede from the +Union. He was sent, by the people of the county in which he resided, to +represent them in that convention. There he opposed to the last the +adoption of the ordinance for secession; but, when it was decided, +against his opinion, to resort to the remedy of withdrawal from the +Union, he, true to his allegiance to the State of which he was a +citizen, paused not to cavil or protest, but at once stepped forth to +defend her against a threatened invasion. The sword that had rusted in +peace gleamed brightly in war. He rose to the high grade of +lieutenant-general. None have a more stainless record as a soldier, none +have shown a higher patriotism or purer fidelity through all the bitter +trials to which we have been subjected since open war was ended and +nominal peace began. + +Extracts from the narrative of General J. A. Early, of events occurring +when he was colonel of the Twenty-fourth Regiment of Virginia Infantry +and commanding a brigade: + + "On June 19, 1861, I arrived at Manassas Junction and reported + to General P. G. T. Beauregard, the Twenty-fourth Virginia + Regiment having been previously sent to him, under the command + of Lieutenant-Colonel Hairsten, from Lynchburg, where I had been + stationed under the orders of General Robert E. Lee, for the + purpose of organizing the Virginia troops which were being + mustered into service at that place.... + + "On the morning of July 18th, my brigade was moved, by order of + General Beauregard, to the left of Camp Walker, on the railroad, + and remained there some time.... + + "On falling back, General Ewell, in pursuance of his + instructions, had burned the bridges on the railroad over Pope's + Run, from Fairfax Station to Union Mills, and while I was at + Camp Walker I saw the smoke ascending from the railroad-bridge + over Bull Run, which was burned that morning. + + "The burning of this bridge had not been included in the + previous instructions to Ewell, and I have always been at a loss + to know why it was now fired. That bridge certainly was not + necessary to the enemy for crossing Bull Run, either with his + troops or wagons, as that stream was easily fordable at numerous + places, both above and below. The bridge was, moreover, + susceptible of easy defense, as there were deep cuts leading to + it on both sides. The only possible purpose to be subserved by + the burning of that bridge would have been the prevention for a + short time of the running of trains over it by the enemy, in the + event of our defeat, or evacuation of Manassas without a fight. + As it was, we were afterward greatly inconvenienced by its + destruction." ... + +The attack made on the 18th is described as directed against our right +center, and as having been met and repulsed in a manner quite creditable +to our raw troops, of whom he writes: + + "On the 19th they were occupied in the effort to strengthen + their position by throwing up the best defenses they could with + the implements at hand, which consisted of a very few picks and + spades, some rough bowie-knives, and the bayonets of the + muskets.... The position was a very weak one, as the banks on + the opposite side of Bull Run overlooked and commanded those on + the south side, which were but a few feet above the water's + edge, and there was an open field in rear of the strip of woods + on our side of the stream, for a considerable distance up and + down it, which exposed all of our movements on that side to + observation from the opposite one, as the strip of woods + afforded but a thin veil which could be seen through.... + + "About dusk on the 19th, brigade commanders were summoned to a + conference at McLean's house by General Beauregard, and he then + informed us of the fact that General Johnston had been ordered, + at his instance, from the Valley, and was marching to cooeperate + with us. He stated that Johnston would march directly across the + Blue Ridge toward the enemy's right flank, and would probably + attack on that flank at dawn the next morning. Before he had + finished his statement of the plans he proposed pursuing in the + event of Johnston's attack on the enemy's right flank, a party + of horsemen rode up in front of the house, and, dismounting, one + of them walked in and reported himself as Brigadier-General T. + J. Jackson, who had arrived with the advanced brigade of + Johnston's troops by the way of Manassas Gap Railroad, and he + stated that his brigade was about twenty-five hundred strong. + This information took General Beauregard very much by surprise, + and, after ascertaining that General Jackson had taken the cars + at Piedmont Station, General Beauregard asked him if General + Johnston would not march the rest of his command on the direct + road, so as to get on the enemy's right flank. General Jackson + replied with some little hesitation, and, as I thought at the + time, in rather a stolid manner, that he thought not; that he + thought the purpose was to transport the whole force by railroad + from Piedmont Station. This was the first time I ever saw + General Jackson, and my first impressions of him were not very + favorable from the manner in which he gave his information. I + subsequently ascertained very well how it was that he seemed to + know so little, in the presence of the strangers among whom he + found himself, of General Johnston's intended movements, and I + presume nothing but the fact of General Beauregard being his + superior in rank, and his being ordered to report to him, could + have elicited as much information from him, under the + circumstances, as was obtained. After General Jackson had given + the information above stated, and received instructions where to + put his brigade, he retired, and General Beauregard proceeded to + develop fully his plans for the next day. The information + received from General Jackson was wholly unexpected, but General + Beauregard said he thought Jackson was not correctly informed, + and was mistaken; that he was satisfied General Johnston was + marching with the rest of his troops and would attack the + enemy's right flank early next day as he had before stated. Upon + this hypothesis, he directed that when General Johnston's attack + began and he had become fully engaged, of which we were to judge + from the character of the musketry-fire, we should cross Bull + Run from our several positions, and move upon the enemy so as to + attack him on his left flank and rear. He said that he had no + doubt General Johnston's attack would be a complete surprise to + the enemy; that the latter would not know what to think of it; + that when he turned to meet that attack, and soon found himself + assailed on the other side, he would be still more surprised and + would not know what to do; that the effect would become a + complete rout--a perfect Waterloo; and that, when the enemy took + to flight, we would pursue, cross the Potomac, and arouse + Maryland.... + + "During the 20th General Johnston arrived at Manassas Junction + by the railroad, and that day we received the order from him + assuming command of the combined armies of General Beauregard + and himself. + + "Early on the morning of the 21st (Sunday), we heard the enemy's + guns open from the heights north of Bull Run, from which they + had opened on the 18th, and I soon received orders for the + movement of my brigade.... + + "Upon arriving there (McLean's Ford), I found General Jones had + returned to the intrenchments with his brigade, and I was + informed by him that General Beauregard had directed that I + should join him (General Beauregard) with my brigade.... He then + asked me if I had received an order from General Beauregard to + go to him, and, on my replying in the negative, he informed me + that he had such an order for me in a note to him. He sent to + one of his staff-officers for the note, and showed it to me. The + note was one directing him to fall back behind Bull Run, and was + in pencil. At the foot of it were these words: 'Send Early to + me.' This was all the order that I received to move to the left, + and it was shown to me a very little after twelve o'clock.... + Chisholm, who carried the note to Jones, in which was contained + the order I received, passed me at McLean's Ford going on to + Jones about, or a little after, eleven o'clock. If I had not + received the order until 2 P. M., it would have been impossible + for me to get on the field at the time I reached it, about 3.30 + P. M. Colonel Chisholm informed me that the order was for all + the troops to fall back across Bull Run.... I was met by Colonel + John S. Preston, one of the General's aides, who informed me + that General Beauregard had gone where the fighting was ... but + that General Johnston was just in front, and his directions were + that we should proceed to the left, where there was a heavy fire + of musketry.... When we reached General Johnston, he expressed + great gratification at our arrival, but it was very perceptible + that his anticipations were not sanguine. He gave me special + instructions as to my movements, directing me to clear our lines + completely before going to the front.... In some fields on the + left of our line we found Colonel Stuart with a body of cavalry + and some pieces of artillery, belonging, as I understood, to a + battery commanded by Lieutenant Beckham.... I found Stuart + already in position beyond our extreme left, and, as I + understood it, supporting and controlling Beckham's guns, which + were firing on the enemy's extreme right flank, thus rendering + very efficient service. I feel well assured that Stuart had but + _two_ companies of cavalry with him, as these were all I saw + when he afterward went in pursuit of the enemy. As I approached + the left, a young man named Saunders came galloping to me from + Stuart with the information that the enemy was about retreating, + and a request to hurry on. This was the first word of + encouragement we had received since we reached the vicinity of + the battle. I told the messenger to inform Stuart that I was + then moving as rapidly as my men could move; but he soon + returned with another message informing me that the other was a + mistake, that the enemy had merely retired behind the ridge in + front to form a new flanking column, and cautioning me to be on + my guard. This last information proved to be correct. It was the + last effort of the enemy to extend his right beyond our left, + and was met by the formation of my regiments in his front.... + The hill on which the enemy's troops were was Chinn's Hill, so + often referred to in the accounts of this battle, and the one + next year, on the same field.... An officer came to me in a + gallop, and entreated me not to fire on the troops in front, and + I was so much impressed by his earnest manner and confident + tone, that I halted my brigade on the side of the hill, and rode + to the top of it, when I discovered, about a hundred and fifty + yards to my right, a regiment bearing a flag which was drooping + around the staff in such a manner as not to be distinguishable + from the Confederate flag of that day. I thought that, if the + one that had been in front of me was a Virginia regiment, this + must also be a Confederate one; but one or two shots from + Beckham's guns on the left caused the regiment to face about, + when its flag unfurled, and I discovered it to be the United + States flag. I forthwith ordered my brigade forward, but it did + not reach the top of the hill soon enough to do any damage to + the retiring regiment, which retreated precipitately down the + hill and across the Warrenton Pike. At that time there was very + little distinction between the dress of some of the Federal + regiments and some of ours. As soon as the misrepresentation in + regard to the character of the troops was corrected, my brigade + advanced to the top of the hill that had been occupied by the + enemy, and we ascertained that his troops had retired + precipitately, and a large body of them was discovered in the + fields in rear of Dogan's house, and north of the turnpike. + Colonel Cocke, with one of his regiments, now joined us, and our + pieces of artillery were advanced and fired upon the enemy's + columns with considerable effect, causing them to disperse, and + we soon discovered that they were in full retreat.... When my + column was seen by General Beauregard, he at first thought it + was a column of the enemy, having received erroneous information + that such a column was on the Manassas Gap Railroad. The enemy + took my troops, as they approached his right, for a large body + of our troops from the Valley; and as my men, moving by flank, + were stretched out at considerable length, from weariness, they + were greatly over-estimated. We scared the enemy worse than we + hurt him.... + + "We saw the evidences of the flight all along our march, and + unmistakable indications of the overwhelming character of the + enemy's defeat in abandoned muskets and equipments. It was + impossible for me to pursue the enemy farther, as well because I + was utterly unacquainted with the crossings of the Run and the + woods in front, as because most of the men belonging to my + brigade had been marching the greater part of the day and were + very much exhausted. But pursuit with infantry would have been + unavailing, as the enemy's troops retreated with such rapidity + that they could not have been overtaken by any other than + mounted troops. On the next day we found a great many articles + that the routed troops had abandoned in their flight, showing + that no expense or trouble had been spared by the enemy in + equipping his army.... In my movement after the retreat of the + enemy commenced, I passed the Carter house and beyond our line + of battle. The enemy had by this time entirely disappeared, and, + having no knowledge of the country whatever, being on the ground + for the first time, besides not observing any movement of troops + from our line, I halted, with the expectation of receiving + further orders. Observing some men near the Carter house, I rode + to it, and found some five or six Federal soldiers, who had + collected some wounded there of both sides, and among them + Colonel Gardner, of the Eighth Georgia Regiment, who was + suffering from a very painful wound in the leg, which was + fractured just above the ankle.... Just after my return from the + house where I saw Colonel Gardner, President Davis, in company + with several gentlemen, rode to where my command was, and + addressed a few stirring remarks to my regiments, in succession, + which received him with great enthusiasm. + + "I briefly informed Mr. Davis of the orders I had received, and + the movements of my brigade, and asked him what I should do + under the circumstances. He told me that I had better get my men + into line, and wait for further orders. I then requested him to + inform Generals Johnston and Beauregard of my position, and my + desire to receive orders. I also informed him of the condition + in which I had found Colonel Gardner, and also of Colonel Jones + being in the neighborhood badly wounded, requesting him to have + a surgeon sent to their relief, as all of mine were in the rear + attending to the wounded of their regiments. While we were + talking, we saw a body of troops moving on the opposite side of + Bull Run, some distance below us. + + "Mr. Davis then left me, going to the house where Colonel + Gardner was, and I moved my brigade some half a mile farther, + and formed it in line across the peninsula formed by a very + considerable bend in Bull Run above the stone bridge. I put out + a line of pickets in front, and my brigade bivouacked in this + position for the night. By the time all these dispositions were + made it was night, and I then rode back with Captain Gardner + over the route I had moved on, as I knew no other, in order to + find General Johnston or General Beauregard, so that I might + receive orders, supposing that there would be a forward movement + early in the morning. I first went to the Lewis house, which I + found to be a hospital filled with wounded men; but was unable + to get any information about either of the generals. I then rode + toward Manassas, and, after going some distance in that + direction, I met an officer who inquired for General Johnston, + stating that he was on his staff. I informed him that I was + looking for General Johnston also, as well as for General + Beauregard, and supposed they were at Manassas; but he said that + he was just from Manassas, and neither of the generals was + there.... At about twelve o'clock at night I lay down in the + field in rear of my command, on a couple of bundles of wheat in + the straw. My men had no rations with them. I had picked up a + haversack on the field, which was filled with hard biscuits, and + had been dropped by some Yankee in his flight, and out of its + contents I made my own supper, distributing the rest among a + number of officers who had nothing. + + "Very early next morning, I sent Captain Gardner to look out for + the generals, and get orders for my command. He went to + Manassas, and found General Beauregard, who sent orders to me to + remain where I was until further orders, and to send for the + camp-equipage, rations, etc., of my command. A number of the men + spread over the country in the vicinity of the battlefield, and + picked up a great many knapsacks, India-rubber cloths, blankets, + overcoats, etc., as well as a good deal of sugar, coffee, and + other provisions that had been abandoned by the enemy.... + + "After I had received orders showing that there was no purpose + to make a forward movement, I rode over a good deal of the + field, north of the Warrenton pike, and to some hospitals in the + vicinity, in order to see what care was being taken of the + wounded. I found a hospital on the Sudley road, back of the + field of battle, at which Colonel Jones, of the Fourth Alabama, + had been, which was in charge of a surgeon of a Rhode Island + regiment, whose name was Harris, I think. I asked him if he had + what he wanted for the men under his care, and he told me he + would like to have some morphine, of which his supply was short. + I directed a young surgeon of our cavalry, who rode up at the + time, to furnish the morphine, which he did, from a pair of + medical saddle-pockets which he had. Dr. Harris told me that he + knew that their troops had had a great deal of coffee and sugar + mixed, ready for boiling, of which a good deal had been left at + different points near the field, and asked if there would be any + objection to his sending out and gathering some of it for the + use of the wounded under his charge, as it would be of much + service to them. I gave him the permission to get not only that, + but anything else that would tend to the comfort of his + patients. There did not come within my observation any instance + of harsh or unkind treatment of the enemy's wounded; nor did I + see any indication of a spirit to extend such treatment to them. + The stories which were afterward told before the Committee on + the Conduct of the War (appointed by the Federal Congress), in + regard to 'rebel atrocities,' were very grossly exaggerated, or + manufactured from the whole cloth.... + + "On the night following the battle, when I was looking for + Generals Beauregard and Johnston, in riding over and to the rear + of the battle-field, I discovered that the greater part of the + troops that had been engaged in the battle were in a great state + of confusion. I saw companies looking for their regiments, and + squads looking for their companies, and they were scattered as + far as I went toward Manassas. It was very apparent that no + considerable body of those troops that had been engaged on the + left could have been brought into a condition next day for an + advance toward Washington.... + + "The dispute as to who planned the battle, or commanded on the + field, General Johnston or General Beauregard, is a most + unprofitable one. The battle which General Beauregard planned + was never fought, because the enemy did not move as he expected + him to move. The battle which was fought was planned by + McDowell, at least so far as the ground on which it was fought + was concerned. He made a movement on our left which was wholly + unexpected and unprovided for, and we were compelled to fight a + defensive battle on that flank, by bringing up reenforcements + from other points as rapidly as possible. When Generals Johnston + and Beauregard arrived on the field where the battle was + actually fought, it had been progressing for some time, with the + odds greatly against us. What was required then was to rally the + troops already engaged, which had been considerably shattered, + and hold the position to which they had been compelled to retire + until reenforcements could be brought up. According to the + statements of both generals, the command of the troops then on + the field was given to General Beauregard, and he continued to + exercise it until the close, but in subordination, of course, to + General Johnston, as commander-in-chief, while the movements of + all the reenforcements as they arrived were unquestionably + directed by the latter. According to the statement of both, the + movement of Elzey's brigade to the left averted a great danger, + and both concur in attributing the turning of the tide of battle + to the movement of my brigade against the enemy's extreme right + flank (General Beauregard in a letter on the origin of the + battle-flag, and General Johnston in his 'Narrative' recently + published). + + "General Beauregard unquestionably performed the duty assigned + him with great ability, and General Johnston gives him full + credit therefor. Where, then, is there any room for a + controversy in regard to the actual command, and what profit can + there be in it? + + "General Johnston assumes the responsibility for the failure to + advance on Washington, and why, then, should an effort be made + to shift it on any one else? He certainly was + commander-in-chief, and had the privilege of advancing if he + thought proper. The attempt to show that the failure to advance + was due to the want of transportation and rations for the army + is idle. If the Bull Run bridge had not been burned on the 18th, + our supplies could have been run to Alexandria, if we could have + advanced, as easily as to Manassas, for the enemy had repaired + the railroad to Fairfax Station as he moved up, and failed to + destroy it when he went back. Moreover, we had abundant + transportation at that time for all the purposes of an advance + as far as Washington. In my brigade, the two Virginia regiments + had about fourteen six-horse wagons each, and that would have + furnished enough for the brigade, if the Seventh Louisiana had + none. In 1862 we carried into Maryland only enough wagons to + convey ammunition, medical supplies, and cooking-utensils, and + we started from the battle-field of second Manassas with no + rations on hand, being, before we crossed the Potomac, entirely + dependent on the country, which, in July, 1861, was teeming with + supplies, but in August and September, 1862, was nearly + depleted. The pretense, therefore, that the advance in July, + 1861, was prevented by the want of transportation and of + supplies is wholly untenable." + +I will now make the promised extracts from reminiscences of Colonel +(then Captain) Lay, which were sent to a friend, and handed to me for my +use. The paper bears date February 13, 1878. After some preliminary +matter, and stating that his force consisted of three cavalry companies, +the narrative proceeds: + + "I was under orders to be in the saddle at 6.30 A. M., July 21, + 1861, and to report immediately to General Beauregard at his + headquarters. About 7.30 A. M. I accompanied him and General + Johnston to a position near to Mitchell's Ford, where for some + hours we remained under an active fire of the long-range guns of + the enemy upon the opposite hills. When the unexpected flank + movement of the enemy was developed, with the generals named, we + rode at rapid speed to the left, when General Beauregard + immediately rode to the front, General Johnston taking position + near and to the left of the Lewis house.... About 3.15 P. M., + Captain R. Lindsey Walker, with his battery, took position to + the left and in front of the Lewis house and commenced firing. I + was near him when the shot from his battery was fired, and + watched its effect as it swept through the columns of the enemy, + producing perfect confusion and demoralization.... I rode to + join my brother, Colonel Lay, whom I saw going toward my command + from General Johnston. He reported to me that General Johnston + said: 'Now is your time; push the pursuit.' I started at once on + a trot, was passing General Johnston, who gave some orders, and + I understood him to say, 'Salute the President in passing.' ... + I saluted, and passed on at a gallop. + + "I halted at Bull Run to water my horses--then suffering--and to + confer a moment or two with my gallant old commander, General + Philip St. George Cocke. + + "I passed on, ... when to my astonishment I saw the President + near me in the orchard. I immediately rode up to him, and said + that he was much farther forward than he should be; that the + forces of the enemy were not entirely broken, and very few of + our troops in front of the Run, and advised him to retire; that + I was then about to charge.... + + "We made the charge; a small body of the enemy broke before we + reached them, and scattered, and the larger body of troops + beyond proved to be of our own troops rapidly advancing upon our + left.... After parting from the President, I pushed on to Sudley + Church, and far beyond. Sent my surgeon, Dr. Randolph Barksdale, + to Captains Tillinghast, Ricketts, and other badly wounded + United States officers, and was going on until a superior force + should stop me, but was recalled by an order and returned over + the field to my quarters at Manassas a little before daylight--I + and my little gallant squadron--having been actively in the + saddle, I think, more than twenty hours.... + + (Signed) "John F. Lay, + + _"Late Colonel of Cavalry, C. S. A._ + + "N.B.: It may be well to add that General R. Lindsey Walker + (then Captain Walker, of the battery referred to) is now in my + office, and confirms my recollection.... J. F. L." + +The quartermaster-general of General Beauregard's command, W. L. Cabell, +states in a letter written at Dallas, Texas, on the 16th of August, +1880, in regard to the field transportation of General Beauregard's +forces before the battle of Manassas, that as nearly as he could +remember it was as follows, viz.: + + One four-horse wagon to each company. + One " " " for field and staff (regimental). + One " " " " ammunition. + One " " " " hospital purposes. + Two " " wagons " each battery of artillery. + Twenty-five wagons in a train for depot purposes. + One ambulance for each regiment. + +Transportation belonging to General Johnston's army did not arrive until +the day (or probably two days) after the battle. + +If General Johnston, as stated, had nine thousand infantry, the field +transportation reported above could surely have been distributed so as +to supply this additional force, and have rendered, as General Early +states, the pretense wholly untenable that the advance in July, 1861, +was prevented by want of transportation. + +The deep anxiety which had existed, and was justified by the +circumstances, had corresponding gratification among all classes and in +all sections of our country. On the day after the victory, the Congress, +then sitting in Richmond, upon receiving the dispatch of the President +from the field of Manassas, adopted resolutions expressive of their +thanks to the most high God, and inviting the people of the Confederate +States to offer up their united thanksgiving and praise for the mighty +deliverance. The resolutions also deplored the necessity which had +caused the soil of our country to be stained with the blood of its sons, +and to their families and friends offered the most cordial sympathy; +assuring them that in the hearts of our people would be enshrined "the +names of the gallant dead as the champions of free and constitutional +liberty." + +If universal gratulation at our success inspired an overweening +confidence, it also begat increased desire to enter the military +service; and, but for our want of arms and munitions, we could have +enrolled an army little short of the number of able-bodied men in the +Confederate States. + +I have given so much space to the battle of Manassas because it was the +first great action of the war, exciting intense feeling, and producing +important moral results among the people of the Confederacy; and +further, because it was made the basis of misrepresentation, and unjust +reflection upon the chief Executive, which certainly had no plausible +pretext in the facts, and can not be referred to a reasonable desire to +promote the successful defense of our country. + +Impressed with the conviction that time would naturally work to our +disadvantage, as training was more necessary to make soldiers of the +Northern people than of our own; and further, because of their larger +population, as well as their greater facility in obtaining recruits from +foreign countries, the Administration continued assiduously to exert +every faculty to increase the efficiency of the army by addition to its +numbers, by improving its organization, and by supplying the needful +munitions and equipments. Inactivity is the prolific source of evil to +an army, especially if composed of new levies, who, like ours, had +hurried from their homes at their country's call. For these, and other +reasons more readily appreciated, it was thought desirable that all our +available forces should be employed as actively as might be practicable. + +On the 1st of August, 1861, I wrote to General J. E. Johnston, at +Manassas, as follows: + + "We are anxiously looking for the official reports of the battle + of Manassas, and have present need to know what supplies and + wagons were captured. I wish you would have prepared a statement + of your wants in transportation and supplies of all kinds, to + put your army on a proper footing for active operations.... + + "I am, as ever, your friend, + + (Signed) "Jefferson Davis." + + +[Footnote 179: The foregoing was copied from "The Land we Love," for +February, 1867 (vol. ii, No. 4).] + +[Footnote 180: General Beauregard's report.] + +[Footnote 181: General McDowell's return, July 16, 17, 1861.] + + + + +CHAPTER VIII. + + The Kentucky Resolutions of 1798-'99.--Their Influence on + Political Affairs.--Kentucky declares for + Neutrality.--Correspondence of Governor Magoffin with the + President of the United States and the President of the + Confederate States.--Occupation of Columbus, Kentucky, by + Major-General Polk.--His Correspondence with the Kentucky + Commissioners.--President Lincoln's View of Neutrality.--Acts of + the United States Government.--Refugees.--Their Motives of + Expatriation.--Address of ex-Vice-President Breckinridge to the + People of the State.--The Occupation of Columbus secured.--The + Purpose of the United States Government.--Battle of + Belmont.--Albert Sidney Johnston commands the Department.--State + of Affairs.--Line of Defense.-Efforts to obtain Arms; also + Troops. + + +Kentucky, the eldest daughter of Virginia, had moved contemporaneously +with her mother in the assertion of the cardinal principles announced in +the resolutions of 1798-'99. She then by the properly constituted +authority did with due solemnity declare that the Government of the +United States was the result of a compact between the States to which +each acceded as a State; that it possessed only delegated powers, of +which it was not the exclusive or final judge; and that, as in all cases +of compact among parties having no common judge, "each party has an +equal right to judge for itself as well of infractions as of the mode +and measure of redress." Thus spoke Kentucky in the first years of her +existence as a sovereign. The great truth announced in her series of +resolutions was the sign under which the Democracy conquered in 1800, +and which constituted the corner-stone of the political edifice of which +Jefferson was the architect, and which stood unshaken for sixty years +from the time its foundation was laid. During this period, the growth, +prosperity, and happiness of the country seemed unmistakably to confirm +the wisdom of the voluntary union of free sovereign States under a +written compact confining the action of the General Government to the +expressly enumerated powers which had been delegated therein. When +infractions of the compact had been deliberately and persistently made, +when the intent was clearly manifested to pervert the powers of the +General Government from the purposes for which they had been conferred, +and to use them for the injury of a portion of the States, which were +the integral parties to the compact, some of them resolved to judge for +themselves of the "mode and measure of redress," and to exercise the +right, enunciated in the Declaration of Independence to be the +unalienable endowment of every people, to alter or abolish any form of +government, and to institute a new one, "laying its foundation on such +principles, and organizing its powers in such form, as to them shall +seem most likely to effect their safety and happiness." By no rational +mode of construction, in view of the history of the Declaration of +Independence, or of the resolutions of Kentucky, can it be claimed that +the word "people" had any other meaning than that of a distinct +community, such as the people of each colony who by their delegates in +the Congress declared themselves to be henceforth a State; and that none +other than the people of each State could, by the resolutions of +1798-'99, have been referred to as the final judge of infractions of +their compact, and of the remedy which should be applied. + +Kentucky made no decision adverse to this right of a State, but she +declared, in the impending conflict between the States seceding from and +those adhering to the Federal Government, that she would hold the +position of neutrality. If the question was to be settled by a war of +words, that was feasible; but, if the conflict was to be one of arms, it +was utterly impracticable. To maintain neutrality under such +circumstances would have required a power greater than that of both the +contestants, or a moral influence commanding such respect for her wishes +as could hardly have been anticipated from that party which had, in +violation of right, inflicted the wrongs which produced the withdrawal +of some of the States, and had uttered multiplied threats of coercion if +any State attempted to exercise the rights defined in the resolutions of +1798-'99. If, however, any such hope may have been entertained, but few +moons had filled and waned before the defiant occupation of her +territory and the enrollment of her citizens as soldiers in the army of +invasion must have dispelled the illusion. + +The following correspondence took place in August, between Governor +Magoffin, of Kentucky, and President Lincoln--also between the Governor +and myself, as President of the Confederate States--relative to the +neutrality of the State: + + "Commonwealth of Kentucky, Executive Department, + + "Frankfort, _August 19,1861_. + + To his Excellency Abraham Lincoln, _President of the United + States_. + + "Sir: From the commencement of the unhappy hostilities now + pending in this country, the people of Kentucky have indicated + an earnest desire and purpose, as far as lay in their power, + while maintaining their original political status, to do nothing + by which to involve themselves in the war. Up to this time they + have succeeded in securing to themselves and to the State peace + and tranquillity as the fruits of the policy they adopted. My + single object now is to promote the continuance of these + blessings to this State. + + "Until within a brief period the people of Kentucky were quiet + and tranquil, free from domestic strife, and undisturbed by + internal commotion. They have resisted no law, rebelled against + no authority, engaged in no revolution, but constantly + proclaimed their firm determination to pursue their peaceful + avocations, earnestly hoping that their own soil would be spared + the presence of armed troops, and that the scene of conflict + would be kept removed beyond the border of their State. By thus + avoiding all occasions for the introduction of bodies of armed + soldiers, and offering no provocation for the presence of + military force, the people of Kentucky have sincerely striven to + preserve in their State domestic peace and avert the calamities + of sanguinary engagements. + + "Recently a large body of soldiers have been enlisted in the + United States army and collected in military camps in the + central portion of Kentucky. This movement was preceded by the + active organization of companies, regiments, etc., consisting of + men sworn into the United States service, under officers holding + commissions from yourself. Ordnance, arms, munitions, and + supplies of war are being transported into the State, and placed + in large quantities in these camps. In a word, an army is now + being organized and quartered within the State, supplied with + all the appliances of war, without the consent or advice of the + authorities of the State, and without consultation with those + most prominently known and recognized as loyal citizens. This + movement now imperils that peace and tranquillity which from the + beginning of our pending difficulties have been the paramount + desire of this people, and which, up to this time, they have so + secured to the State. + + "Within Kentucky there has been, and is likely to be, no + occasion for the presence of military force. The people are + quiet and tranquil, feeling no apprehension of any occasion + arising to invoke protection from the Federal arm. They have + asked that their territory be left free from military + occupation, and the present tranquillity of their communication + left uninvaded by soldiers. They do not desire that Kentucky + shall be required to supply the battle-field for the contending + armies, or become the theatre of the war. + + "Now, therefore, as Governor of the State of Kentucky, and in + the name of the people I have the honor to represent, and with + the single and earnest desire to avert from their peaceful homes + the horrors of war, I urge the removal from the limits of + Kentucky of the military force now organized and in camp within + the State. If such action as is here urged be promptly taken, I + firmly believe the peace of the people of Kentucky will be + preserved, and the horrors of a bloody war will be averted from + a people now peaceful and tranquil. + + "I am, very respectfully, your obedient servant, + + "B. Magoffin." + + + "Washington, _August 24, 1861_. + + "To his Excellency B. Magoffin, _Governor of the State of + Kentucky._ + + "Sir: Your letter of the 19th instant, in which you 'urge the + removal from the limits of Kentucky of the military force now + organized and in camp within that State,' is received. + + "I may not possess full and precisely accurate knowledge upon + this subject; but I believe it is true that there is a military + force in camp within Kentucky, acting by authority of the United + States, which force is not very large, and is not now being + augmented. + + "I also believe that some arms have been furnished to this force + by the United States. + + "I also believe this force consists exclusively of Kentuckians, + having their camp in the immediate vicinity of their own homes, + and not assailing or menacing any of the good people of + Kentucky. + + "In all I have done in the premises, I have acted upon the + urgent solicitation of many Kentuckians, and in accordance with + what I believed, and still believe, to be the wish of a majority + of all the Union-loving people of Kentucky. + + "While I have conversed on this subject with many of the eminent + men of Kentucky, including a large majority of her members of + Congress, I do not remember that any one of them, or any other + person except your Excellency and the bearers of your + Excellency's letter, has urged me to remove the military force + from Kentucky, or to disband it. One very worthy citizen of + Kentucky did solicit me to have the augmenting of the force + suspended for a time. + + "Taking all the means within my reach to form a judgment, I do + not believe it is the popular wish of Kentucky that this force + shall be removed beyond her limits; and, with this impression, I + must respectfully decline to so remove it. + + "I most cordially sympathize with your Excellency in the wish to + preserve the peace of my own native State, Kentucky. It is with + regret I search for, and can not find, in your not very short + letter, any declaration or intimation that you entertain any + desire for the preservation of the Federal Union. + + "Your obedient servant, A. Lincoln." + + + "Commonwealth of Kentucky, Executive Department, + + "Frankfort, _August 24, 1861_. + + "Hon. Jefferson Davis, _Richmond, Virginia._ + + "Sir: Since the commencement of the unhappy difficulties pending + in the country, the people of Kentucky have indicated a + steadfast desire and purpose to maintain a position of strict + neutrality between the belligerent parties. They have earnestly + striven by their policy to avert from themselves the calamity of + war, and protect their own soil from the presence of contending + armies. Up to this period they have enjoyed comparative + tranquillity and entire domestic peace. + + "Recently a military force has been enlisted and quartered by + the United States authorities within this State. I have on this + day addressed a communication and dispatched commissioners to + the President of the United States, urging the removal of these + troops from the soil of Kentucky, and thus exerting myself to + carry out the will of the people in the maintenance of a neutral + position. The people of this State desire to be free from the + presence of the soldiers of either belligerent, and to that end + my efforts are now directed. + + "Although I have no reason to presume that the Government of the + Confederate States contemplate or have ever proposed any + violation of the neutral attitude thus assumed by Kentucky, + there seems to be some uneasiness felt among the people of some + portion of the State, occasioned by the collection of bodies of + troops along their southern frontier. In order to quiet this + apprehension, and to secure to the people their cherished object + of peace, this communication is to present these facts and + elicit an authoritative assurance that the Government of the + Confederate States will continue to respect and observe the + position indicated as assumed by Kentucky. + + "Very respectfully, your obedient servant, + + "B. Magoffin." + + + "Richmond, _August 28, 1861._ + + "To Hon. B. Magoffin, _Governor of Kentucky, etc._ + + "Sir: I have received your letter informing me that 'since the + commencement of the unhappy difficulties pending in the country, + the people of Kentucky have indicated a steadfast desire to + maintain a position of strict neutrality between the belligerent + parties.' In the same communication you express your desire to + elicit 'an authoritative assurance that the Government of the + Confederate States will continue to respect and observe the + neutral position of Kentucky.' + + "In reply to this request, I lose no time in assuring you that + the Government of the Confederate States neither desires nor + intends to disturb the neutrality of Kentucky. The assemblage of + troops in Tennessee, to which you refer, had no other object + than to repel the lawless invasion of that State by the forces + of the United States, should their Government seek to approach + it through Kentucky, without respect for its position of + neutrality. That such apprehensions were not groundless has been + proved by the course of that Government in the States of + Maryland and Missouri, and more recently in Kentucky itself, in + which, as you inform me, 'a military force has been enlisted and + quartered by the United States authorities.' + + "The Government of the Confederate States has not only respected + most scrupulously the neutrality of Kentucky, but has continued + to maintain the friendly relations of trade and intercourse + which it has suspended with the United States generally. + + "In view of the history of the past, it can scarcely be + necessary to assure your Excellency that the Government of the + Confederate States will continue to respect the neutrality of + Kentucky so long as her people will maintain it themselves. + + "But neutrality, to be entitled to respect, must be strictly + maintained between both parties; or, if the door be opened on + the one side for the aggressions of one of the belligerent + parties upon the other, it ought not to be shut to the assailed + when they seek to enter it for purposes of self-defense. + + "I do not, however, for a moment believe that your gallant State + will suffer its soil to be used for the purpose of giving an + advantage to those who violate its neutrality and disregard its + rights, over others who respect both. + + "In conclusion, I tender to your Excellency the assurance of my + high consideration and regard, and am, sir, very respectfully, + + "Yours, etc., Jefferson Davis." + +Movements by the Federal forces in southwestern Kentucky revealed such +designs as made it absolutely necessary that General Polk, commanding +the Confederate forces in that section, should immediately occupy the +town of Columbus, Kentucky; a position of much strategic importance on +the shore of the Mississippi River. + +That position was doubly important, because it commanded the opposite +shore in Missouri, and was the gateway on the border of Tennessee. + +Two States of the Confederacy were therefore threatened by the +anticipated movement of the enemy to get possession of Columbus. + +Major-General Polk, therefore, crossed the State line, took possession +of Hickman on September 3d, and on the 4th secured Columbus. General +Grant, who took command at Cairo on September 2d, being thus +anticipated, seized Paducah, at the mouth of the Tennessee River, and +occupied it in force on the 5th and 6th. + +After the occupation, under date of September 4th, I received the +following dispatch from Major-General Polk: "The enemy having descended +the Mississippi River some three or four days since, and seated himself +with cannon and entrenched lines opposite the town of Columbus, +Kentucky, making such demonstrations as left no doubt upon the minds of +any of their intention to seize and forcibly possess said town, I +thought proper, under the plenary power delegated to me, to direct a +sufficient portion of my command both by the river way and land to +concentrate at Columbus, as well to offer to its citizens that +protection they unite to a man in accepting, as also to prevent, in +time, the occupation by the enemy of a point so necessary to the +security of western Tennessee. The demonstration on my part has had the +desired effect. The enemy has withdrawn his forces even before I had +fortified my position. It is my intention to continue to occupy and hold +this place." On the same day I sent the following reply to Major-General +Polk: "Your telegram received; the necessity must justify the action." + +The Legislature of Kentucky passed resolutions and appointed a committee +to inquire into the action of General Polk, from which the annexed +correspondence resulted: + + CORRESPONDENCE BETWEEN MAJOR-GENERAL POLK AND THE AUTHORITIES OF + KENTUCKY. + + _Resolutions of the Kentucky Senate relative to the Violation of + the Neutrality of Kentucky._ + + "_Resolved by the Senate_, That the special committee of the + Senate, raised for the purpose of considering the reported + occupation of Hickman and other points in Kentucky by + Confederate troops, take into consideration the occupation of + Paducah and other places in Kentucky by the Federal authorities, + and report thereon when the true state of the case shall have + been ascertained. That the Speaker appoint three members of the + Senate to visit southern Kentucky, who are directed to obtain + all the facts they can in reference to the recent occupation of + Kentucky soil by Confederate and Federal forces, and report in + writing at as early a day as practicable. + + "In Senate of Kentucky, Saturday, September 7, A. D. 1861. + + "Twice read and adopted. + + "Attest: (Signed) J. H. Johnson, S. S. + + "In accordance with the foregoing resolution, the Speaker + appointed as said committee Messrs. John M. Johnson, William B. + Read, and Thornton F. Marshall. + + "Attest: (Signed) J. H. Johnson, S. S." + + + _Letter of Hon. J. M. Johnson, Chairman of the Committee of the + Kentucky Senate, to General Polk_. + + "Columbus, Kentucky, _September 9, 1861._ + + "To Major-General Polk, _commanding forces, etc._ + + "Sir: I have the honor to inclose herewith a resolution of the + Senate of Kentucky, adopted by that body upon the reception of + the intelligence of the military occupation of Hickman, Chalk + Bank, and Columbus, by the Confederate troops under your + command. I need not say that the people of Kentucky are + profoundly astonished that such an act should have been + committed by the Confederates, and especially that they should + have been the first to do so with an equipped and regularly + organized army. + + "The people of Kentucky, having with great unanimity determined + upon a position of neutrality in the unhappy war now being + waged, and which they had tried in vain to prevent, had hoped + that one place at least in this great nation might remain + uninvaded by passion, and through whose good office something + might be done to end the war, or at least to mitigate its + horrors, or, if this were not possible, that she might be left + to choose her destiny without disturbance from any quarter. + + "In obedience to the thrice-repeated will of the people, as + expressed at the polls, and in their name, I ask you to withdraw + your forces from the soil of Kentucky. + + "I will say, in conclusion, that all the people of the State + await, in deep suspense, your action in the premises. + + "I have the honor to be, your obedient servant, etc., + + (Signed) "John M. Johnson, + + "_Chairman of Committee_." + + + _Letter from General Polk to the Kentucky Commissioners._ + + Columbus, Kentucky, _September 9, 1861._ + + To J. M. Johnson, _Chairman of Committee, Senate of Kentucky._ + + "Sir: I have the honor to acknowledge the receipt of your letter + of this date, conveying to me a copy of a resolution of the + Senate of Kentucky, under which a committee (of which you are + chairman) was raised 'for the purpose of considering the + reported occupation of Hickman and other points in Kentucky by + the Confederate troops, and that they take into consideration + the reported occupation of Paducah and other points in Kentucky + by the Federal authorities, and report thereon'; also, that they + be 'directed to obtain all the facts they can in reference to + the recent occupation of Kentucky soil by the Confederate and + Federal forces, and report, in writing, at as early a day as + practicable.' + + "From the terms of the resolution, it appears your office, as + committee-men, was restricted merely to collecting the facts in + reference to the recent occupation of Kentucky soil by the + Confederate and Federal forces, and to report thereon in + writing, at as early a day as possible. In answer to these + resolutions, I have respectfully to say that, so far as the + Confederate forces are concerned, the facts are plain, and + shortly stated. The Government which they represent, recognizing + as a fundamental principle the right of sovereign States to take + such a position as they choose in regard to their relations with + other States, was compelled by that principle to concede to + Kentucky the right to assume the position of neutrality, which + she has chosen in the passing struggle. This it has done on all + occasions, and without an exception. The cases alluded to by his + Excellency, Governor Magoffin, in his recent message, as + 'raids,' I presume, are the cases of the steamers Cheney and + Orr. The former was the unauthorized and unrecognized act of + certain citizens of Alabama, and the latter the act of citizens + of Tennessee and others, and was an act of reprisal. They can + not, therefore, be charged, in any sense, as acts of the + Confederate Government. + + "The first and only instance in which the neutrality of Kentucky + has been disregarded is that in which the troops under my + command, and by my direction, took possession of the place I now + hold, and so much of the territory between it and the Tennessee + line as was necessary for me to pass over in order to reach it. + This act finds abundant justification in the history of the + concessions granted to the Federal Government by Kentucky ever + since the war began, notwithstanding the position of neutrality + which she had assumed, and the firmness with which she + proclaimed her intention to maintain it. That history shows the + following among other facts: In January, the House of + Representatives of Kentucky passed anti-coercion + resolutions--only four dissenting. The Governor, in May, issued + his neutrality proclamation. The address of the Union Central + Committee, including Mr. James Speed, Mr. Prentice, and other + prominent Union men, in April, proclaimed neutrality as the + policy of Kentucky, and claimed that an attempt to coerce the + South should induce Kentucky to make common cause with her, and + take part in the contest on her side, 'without counting the + cost.' The Union speakers and papers, with few exceptions, + claimed, up to the last election, that the Union vote was strict + neutrality and peace. These facts and events gave assurance of + the integrity of the avowed purpose of your State, and we were + content with the position she assumed. + + "Since the election, however, she has allowed the seizure in her + port (Paducah) of property of citizens of the Confederate + States; she has, by her members in the Congress of the United + States, voted supplies of men and money to carry on the war + against the Confederate States; she has allowed the Federal + Government to cut timber from her forests for the purpose of + building armed boats for the invasion of the Southern States; + she is permitting to be enlisted in her territory, troops, not + only of her own citizens, but of the citizens of other States, + for the purpose of being armed and used in offensive warfare + against the Confederate States. At Camp Robinson, in the county + of Garrard, there are now ten thousand troops, if the newspapers + can be relied upon, in which men from Tennessee, Ohio, Indiana, + and Illinois are mustered with Kentuckians into the service of + the United States, and armed by that Government for the avowed + purpose of giving aid to the disaffected in one of the + Confederate States, and of carrying out the designs of that + Government for their subjugation. Notwithstanding all these and + other acts of a similar character, the Confederate States have + continued to respect the attitude which Kentucky had assumed as + a neutral, and forborne from reprisals, in the hope that + Kentucky would yet enforce respect for her position on the part + of the Government of the United States. + + "Our patient expectation has been disappointed, and it was only + when we perceived that this continued indifference to our rights + and our safety was about to culminate in the seizure of an + important part of her territory by the United States forces for + offensive operations against the Confederate States, that a + regard for self-preservation demanded of us to seize it in + advance. We are here, therefore, not by choice, but of + necessity, and as I have had the honor to say, in a + communication addressed to his Excellency Governor Magoffin, a + copy of which is herewith inclosed and submitted as a part of my + reply, so I now repeat in answer to your request, that I am + prepared to agree to withdraw the Confederate troops from + Kentucky, provided she will agree that the troops of the Federal + Government be withdrawn simultaneously, with a guarantee (which + I will give reciprocally for the Confederate Government) that + the Federal troops shall not be allowed to enter nor occupy any + part of Kentucky for the future. + + "In view of the facts thus submitted, I can not but think the + world at large will find it difficult to appreciate the + 'profound astonishment' with which you say the people of + Kentucky received the intelligence of the occupation of this + place. + + "I have the honor to be, respectfully, + + "Your obedient servant, etc., + + "Leonidas Polk, + + "_Major-General commanding_." + + + _Letter from General Polk to Governor Magoffin._ + + "Columbus, Kentucky, _September 3, 1861_. + + "Governor Magoffin, _Frankfort, Kentucky_. + + "I should have dispatched to you immediately, as the troops + under my command took possession of this position, the very few + words I addressed to the people here; but my duties since that + time have so preoccupied me, that I have but now the first + leisure moment to communicate with you. It will be sufficient + for me to inform you (as my short address herewith will do) that + I had information, on which I could rely, that the Federal + forces intended, and were preparing to seize Columbus. I need + not describe to you the danger resulting to western Tennessee + from such occupation. + + "My responsibility could not permit me quietly to lose to the + command intrusted to me so important a position. In evidence of + the accuracy of the information I possessed, I will state that, + as the Confederate force approached this place, the Federal + troops were found in formidable numbers in position upon the + opposite bank, with their cannon turned upon Columbus. The + citizens of the town had fled with terror, and not a word of + assurance of safety or protection had been addressed to them. + Since I have taken possession of this place, I have been + informed by highly respected citizens of your State that certain + representatives of the Federal Government are seeking to take + advantage of its own wrong, are setting up complaints against my + acts of occupation, and are making it a pretest for seizing + other points. Upon this proceeding I have no comments to make. + But I am prepared to say that I will agree to withdraw the + Confederate troops from Kentucky, provided that she will agree + that the troops of the Federal Government be withdrawn + simultaneously, with a guarantee (which I will give reciprocally + for the Confederate Government) that the Federal troops shall + not be allowed to enter or occupy any part of Kentucky in the + future. + + "I have the honor to be, respectfully, your obedient servant, + + (Signed) + + "Leonidas Polk, + + "_Major-General commanding_." + +However willing the government of Kentucky might have been to accede to +the proposition of General Polk, and which from his knowledge of the +views of his own Government he was fully justified in offering, the +State of Kentucky had no power, moral or physical, to prevent the United +States Government from using her soil as best might suit its purposes in +the war it was waging for the subjugation of the seceded States. +President Lincoln, in his message of the previous July, had distinctly +and reproachfully spoken of the idea of neutrality as existing in some +of the border States. He said: "To prevent the Union forces passing one +way, or the disunion the other, over their soil, would be disunion +completed.... At a stroke it would take all the trouble off the hands of +secession, except only what proceeds from the external blockade." + +The acts of the Federal Government corresponded with the views announced +by its President. Briefly, but conclusively, General Polk showed in his +answer that the United States Government paid no respect to the neutral +position which Kentucky wished to maintain; that it was armed, but not +neutral, for the arms and the troops assembled on her soil were for the +invasion of the South; and that he occupied Columbus to prevent the +enemy from taking possession of it. When our troops first entered +Columbus they found the inhabitants had been in alarm from +demonstrations of the United States forces, but that they felt no dread +of the Confederate troops. As far as the truth could be ascertained, a +decided majority of the people of Kentucky, especially its southwestern +portion, if left to a free choice, would have joined the Confederacy in +preference to remaining in the Union. Could they have foreseen what in a +short time was revealed, there can be little doubt that mule contracts, +and other forms of bribery, would have proved unavailing to make her the +passive observer of usurpations destructive of the personal and +political rights of which she had always been a most earnest advocate. +With the slow and sinuous approach of the serpent, the General +Government, little by little, gained power over Kentucky, and then, +throwing off the mask, proceeded to outrages so regardless of law and +the usages of English-speaking people, as could not have been +anticipated, and can only be remembered with shame by those who honor +the constitutional Government created by the States. While artfully +urging the maintenance of the Union as a duty of patriotism, the +Constitution which gave the Union birth was trampled under foot, and the +excesses of the Reign of Terror which followed the French Revolution +were reenacted in our land, once the vaunted home of law and liberty. +Men who had been most honored by the State, and who had reflected back +most honor upon it, were seized without warrant, condemned without +trial, because they had exercised the privilege of free speech, and for +adhering to the principles which were the bed-rock on which our fathers +builded our political temple. Members of the Legislature vacated their +seats and left the State to avoid arrest, the penalty hanging over them +for opinion's sake. The venerable Judge Monroe, who had presided over +the United States District Court for more than a generation, driven from +the land of his birth, the State he had served so long and so well, with +feeble step, but upright conscience and indomitable will, sought a +resting place among those who did not regard it a crime to adhere to the +principles of 1776 and of 1787, and the declaratory affirmation of them +in the resolutions of 1793-'99. About the same time others of great +worth and distinction, impelled by the feeling that "where liberty is +there is my country," left the land desecrated by despotic usurpation, +to join the Confederacy in its struggle to maintain the personal and +political liberties which the men of the Revolution had left as an +inheritance to their posterity. Space would not suffice for a complete +list of the refugees who became conspicuous in the military events of +the Confederacy; let a few answer for the many: J. C. Breckinridge, the +late Vice-President of the United States, and whose general and +well-deserved popularity might have reasonably led him to expect in the +Union the highest honors the States could bestow; William Preston, +George W. Johnston, S. B. Buckner, John H. Morgan, and a host of others, +alike meritorious and alike gratefully remembered. When the passions of +the hour shall have subsided, and the past shall be reviewed with +discrimination and justice, the question must arise in every reflecting +mind, Why did such men as these expatriate themselves, and surrender all +the advantages which they had won by a life of honorable effort in the +land of their nativity? To such inquiry the answer must be, the +usurpations of the General Government foretold to them the wreck of +constitutional liberty. The motives which governed them may best be +learned from the annexed extracts from the statement made in the address +of Mr. Breckinridge to the people of Kentucky, whom he had represented +in both Houses of the United States Congress, with such distinguished +ability and zeal for the general welfare as to place him in the front +rank of the statesmen of his day: + + "Bowling Green, Kentucky, _October 8,1861_. + + "In obedience, as I supposed, to your wishes, I proceeded to + Washington, and at the special session of Congress, in July, + spoke and voted against the whole war policy of the President + and Congress; demanding, in addition, for Kentucky, the right to + refuse, not men only, but money also, to the war, for I would + have blushed to meet you with the confession that I had + purchased for you exemption from the perils of the battle-field, + and the shame of waging war against your Southern brethren, by + hiring others to do the work you shrunk from performing. During + that memorable session a very small body of Senators and + Representatives, even beneath the shadow of a military + despotism, resisted the usurpations of the Executive, and, with + what degree of dignity and firmness, they willingly submit to + the judgment of the world. + + "Their efforts were unavailing, yet they may prove valuable + hereafter, as another added to former examples of many protest + against the progress of tyranny. + + "On my return to Kentucky, at the close of the late special + session of Congress, it was my purpose immediately to resign the + office of Senator. The verbal and written remonstrances of many + friends in different parts of the State induced me to postpone + the execution of my purpose; but the time has arrived to carry + it into effect, and accordingly I now hereby return the trust + into your hands.... In the House of Representatives it was + declared that the South should be reduced to 'abject + submission,' or their institutions be overthrown. In the Senate + it was said that, if necessary, the South should be depopulated + and repeopled from the North; and an eminent Senator expressed a + desire that the President should be made dictator. This was + superfluous, since they had already clothed him with dictatorial + powers. In the midst of these proceedings, no plea for the + Constitution is listened to in the North; here and there a few + heroic voices are feebly heard protesting against the progress + of despotism, but, for the most part, beyond the military lines, + mobs and anarchy rule the hour. + + "The great mass of the Northern people seem anxious to sunder + every safeguard of freedom; they eagerly offer to the Government + what no European monarch would dare to demand. The President and + his generals are unable to pick up the liberties of the people + as rapidly as they are thrown at their feet.... In every form by + which you could give direct expression to your will, you + declared for neutrality. A large majority of the people at the + May and August elections voted for the neutrality and peace of + Kentucky. The press, the public speakers, the candidates--with + exceptions in favor of the Government at Washington so rare as + not to need mention--planted themselves on this position. You + voted for it, and you meant it. You were promised it, and you + expected it.... Look now at the condition of Kentucky, and see + how your expectations have been realized--how these promises + have been redeemed.... General Anderson, the military dictator + of Kentucky, announces in one of his proclamations that he will + arrest no one who does not act, write, or speak in opposition to + Mr. Lincoln's Government. It would have completed the idea if he + had added, or think in opposition to it. Look at the condition + of our State under the rule of our new protectors. They have + suppressed the freedom of speech and of the press. They seize + people by military force upon mere suspicion, and impose on them + oaths unknown to the laws. Other citizens they imprison without + warrant, and carry them out of the State, so that the writ of + _habeas corpus_ can not reach them. + + "Every day foreign armed bands are making seizures among the + people. Hundreds of citizens, old and young, venerable + magistrates, whose lives have been distinguished by the love of + the people, have been compelled to fly from their homes and + families to escape imprisonment and exile at the hands of + Northern and German soldiers, under the orders of Mr. Lincoln + and his military subordinates. While yet holding an important + political trust, confided by Kentucky, I was compelled to leave + my home and family, or suffer imprisonment and exile. If it is + asked why I did not meet the arrest and seek a trial, my answer + is, that I would have welcomed an arrest to be followed by a + judge and jury; but you well know that I could not have secured + these constitutional rights. I would have been transported + beyond the State, to languish in some Federal fortress during + the pleasure of the oppressor. Witness the fate of Morehead and + his Kentucky associates in their distant and gloomy prison. + + "The case of the gentleman just mentioned is an example of many + others, and it meets every element in a definition of despotism. + If it should occur in England it would be righted, or it would + overturn the British Empire. He is a citizen and native of + Kentucky. As a member of the Legislature, Speaker of the House, + Representative in Congress from the Ashland district, and + Governor of the State, you have known, trusted, and honored him + during a public service of a quarter of a century. He is eminent + for his ability, his amiable character, and his blameless life. + Yet this man, without indictment, without warrant, without + accusation, but by the order of President Lincoln, was seized at + midnight, in his own house, and in the midst of his own family, + and led through the streets of Louisville, as I am informed, + with his hands crossed and pinioned before him--was carried out + of the State and district, and now lies a prisoner in a fortress + in New York Harbor, a thousand miles away.... + + "The Constitution of the United States, which these invaders + unconstitutionally swear every citizen whom they + unconstitutionally seize to support, has been wholly abolished. + It is as much forgotten as if it lay away back in the twilight + of history. The facts I have enumerated show that the very + rights most carefully reserved by it to the States and to + individuals have been most conspicuously violated.... Your + fellow-citizen, + + (Signed) "John C. Breckinridge." + +Such was the "neutrality" suffered by the Confederacy from governments +both at home and abroad. + +The chivalric people of Kentucky showed their sympathy with the just +cause of the people of the Southern States, by leaving the home where +they could not serve the cause of right against might, and nobly shared +the fortunes of their Southern brethren on many a blood-dyed field. In +like manner did the British people see with disapprobation their +Government, while proclaiming neutrality, make new rules, and give new +constructions to old ones, so as to favor our enemy and embarrass us. +The Englishman's sense of fair-play, and the manly instinct which +predisposes him to side with the weak, gave us hosts of friends, but all +their good intentions were paralyzed or foiled by their wily Minister +for Foreign Affairs, and his coadjutor on this side, the artful, +unscrupulous United States Secretary of State. + +I have thus presented the case of Kentucky, not because it was the only +State where false promises lulled the people into delusive security, +until, by gradual approaches, usurpation had bound them hand and foot, +and where despotic power crushed all the muniments of civil liberty +which the Union was formed to secure, but because of the attempt, which +has been noticed, to arraign the Confederacy for invasion of the State +in disregard of her sovereignty. + +The occupation of Columbus by the Confederate forces was only just soon +enough to anticipate the predetermined purpose of the Federal +Government, all of which was plainly set forth in the letter of General +Polk to the Governor of Kentucky, and his subsequent letter to the +Kentucky commissioners. + +Missouri, like Kentucky, had wished to preserve peaceful relations in +the contest which it was foreseen would soon occur between the Northern +and the Southern States. When the Federal Government denied to her the +privilege of choosing her own position, which betokened no hostility to +the General Government, and she was driven to the necessity of deciding +whether or not her citizens should be used for the subjugation of the +Southern States, her people and their representative, the State +government, repelled the arbitrary assumption of authority by military +force to control her government and her people. + +Among other acts of invasion, the Federal troops had occupied Belmont, a +village in Missouri opposite to Columbus, and with artillery threatened +that town, inspiring terror in its peaceful inhabitants. After the +occupation of Columbus, under these circumstances of full justification, +a small Confederate force, Colonel Tappan's Arkansas regiment, and +Beltzhoover's battery, were thrown across the Mississippi to occupy and +hold the village, in the State of Missouri, then an ally, and soon to +become a member, of the Confederacy. On the 6th of November General +Grant left his headquarters at Cairo with a land and naval force, and +encamped on the Kentucky shore. This act and a demonstration made by +detachments from his force at Paducah were probably intended to induce +the belief that he contemplated an attack on Columbus, thus concealing +his real purpose to surprise the small garrison at Belmont. General Polk +on the morning of the 7th discovered the landing of the Federal forces +on the Missouri shore, some seven miles above Columbus, and, divining +the real purpose of the enemy, detached General Pillow with four +regiments of his division, say two thousand men, to reenforce the +garrison at Belmont. Very soon after his arrival, the enemy commenced an +assault which was sternly resisted, and with varying fortune, for +several hours. The enemy's front so far exceeded the length of our line +as to enable him to attack on both flanks, and our troops were finally +driven back to the bank of the river with the loss of their battery, +which had been gallantly and efficiently served until nearly all its +horses had been killed, and its ammunition had been expended. The enemy +advanced to the bank of the river below the point to which our men had +retreated, and opened an artillery-fire upon the town of Columbus, to +which our guns from the commanding height responded with such effect as +to drive him from the river bank. In the mean time General Polk had at +intervals sent three regiments to reenforce General Pillow. Upon the +arrival of the first of these, General Pillow led it to a favorable +position, where it for some time steadily resisted and checked the +advance of the enemy. General Pillow, with great energy and gallantry, +rallied his repulsed troops and brought them again into action. General +Polk now proceeded in person with two other regiments. Whether from this +or some other cause, the enemy commenced a retreat. General Pillow, +whose activity and daring on the occasion were worthy of all praise, led +the first and second detachments, by which he had been reenforced, to +attack the enemy in the rear, and General Polk, landing further up the +river, moved to cut off the enemy's retreat; but some embarrassment and +consequent delay which occurred in landing his troops caused him to be +too late for the purpose for which he crossed, and to become only a part +of the pursuing force. + +One would naturally suppose that the question about which there would be +the greatest certainty would be the number of troops engaged in a +battle, yet there is nothing in regard to which we have such conflicting +accounts. It is fairly concluded, from the concurrent reports, that the +enemy attacked us on both flanks, and that in the beginning of the +action we were outnumbered; but the obstinacy with which the conflict +was maintained and the successive advances and retreats which occurred +in the action indicate that the disparity could not have been very +great, and therefore that, after the arrival of our reenforcements, our +troops must have become numerically superior. The dead and wounded left +by the enemy upon the field, the arms, ammunition, and military stores +abandoned in his flight, so incontestably prove his defeat, that his +claim to have achieved a victory is too preposterous for discussion. +Though the forces engaged were comparatively small to those in +subsequent battles of the war, six hours of incessant combat, with +repeated bayonet-charges, must place this in the rank of the most +stubborn engagements, and the victors must accord to the vanquished the +meed of having fought like Americans. One of the results of the battle, +which is at least significant, is the fact that General Grant, who had +superciliously refused to recognize General Polk as one with whom he +could exchange prisoners, did, after the battle, send a flag of truce to +get such privileges as are recognized between armies acknowledging each +other to be "foemen worthy of their steel." + +General Polk reported as follows: "We pursued them to their boats, seven +miles, and then drove their boats before us. The road was strewed with +their dead and wounded, guns, ammunition, and equipments. The number of +prisoners taken by the enemy, as shown by their list furnished, was one +hundred and six, all of whom have been returned by exchange. After +making a liberal allowance to the enemy, a hundred of their prisoners +still remain in my hands, one stand of colors, and a fraction over one +thousand stand of arms, with knapsacks, ammunition, and other military +stores. Our loss in killed, wounded, and missing, was six hundred and +forty one; that of the enemy was probably not less than twelve hundred." + +Meanwhile, Albert Sidney Johnston, a soldier of great distinction in the +United States Army, where he had attained the rank of brigadier-general +by brevet, and was in command of the Department of California, resigned +his commission, and came overland from San Francisco to Richmond, to +tender his services to the Confederate States. Though he had been bred a +soldier, and most of his life had been spent in the army, he had not +neglected such study of political affairs as properly belongs to the +citizen of a republic, and appreciated the issue made between States +claiming the right to resume the powers they had delegated to a general +agent and the claims set up by that agent to coerce States, his +creators, and for whom he held a trust. + +He was a native of Kentucky, but his first military appointment was from +Louisiana, and he was a volunteer in the war for independence by Texas, +and for a time resided in that State. Much of his military service had +been in the West, and he felt most identified with it. On the 10th of +September, 1861, he was assigned to command our Department of the West, +which included the States of Tennessee, Missouri, Arkansas, the Indian +country, and the western part of Mississippi. + +General Johnston, on his arrival at Nashville, found that he lacked not +only men, but the munitions of war and the means of obtaining them. Men +were ready to be enlisted, but the arms and equipments had nearly all +been required to fit out the first levies. Immediately on his survey of +the situation, he determined to occupy Bowling Green in Kentucky, and +ordered Brigadier-General S. B. Buckner, with five thousand men, to take +possession of the position. This invasion of Kentucky was an act of +self-defense rendered necessary by the action of the government of +Kentucky, and by the evidences of intended movements of the forces of +the United States. It was not possible to withdraw the troops from +Columbus in the west, nor from Cumberland Ford in the east, to which +General Felix K. Zollicoffer had advanced with four thousand men. A +compliance with the demands of Kentucky would have opened the frontiers +of Tennessee and the Mississippi River to the enemy; besides, it was +essential to the defense of Tennessee. + +East of Columbus, Fort Henry, Fort Donelson, and Hopkinsville were +garrisoned with small bodies of troops; and the territory between +Columbus and Bowling Green was occupied by moving detachments which +caused the supposition that a large military force was present and +contemplated an advance. A fortified camp was established at Cumberland +Gap as the right of General Johnston's line, and an important point for +the protection of East Tennessee against invasion. Thus General Johnston +located his line of defense, from Columbus on the west to the Cumberland +Mountains on the east, with his center at Bowling Green, which was +occupied and intrenched. It was a good base for military operations, was +a proper depot for supplies, and, if fortified, could be held against +largely superior numbers. + +On October 28th General Johnston took command at Bowling Green. He +states his force to have been twelve thousand men, and that the enemy's +force at that time was estimated to be double his own, or twenty-four +thousand. He says: "The enemy's force increased more rapidly than our +own, so that by the last of November it numbered fifty thousand, and +continued to increase until it ran up to between seventy-five and one +hundred thousand. My force was kept down by disease, so that it numbered +about twenty-two thousand." + +The chief anxiety of the commander of the department was to procure arms +and men. On the next day after his arrival at Nashville, he wrote to the +Governor of Alabama, "I shall beg to rely on your Excellency to furnish +us as rapidly as possible, at this point, with every arm it may be in +your power to provide--I mean small-arms for infantry and cavalry." The +Governor replied, "It is out of the power of Alabama to afford you any +assistance in the way of arms." The Governor of Georgia replied to the +same request on September 18th, "It is utterly impossible for me to +comply with your request." General Bragg, in command at Pensacola, +writes in reply on September 27th: "The mission of Colonel Buckner will +not be successful, I fear, as our extreme Southern country has been +stripped of both arms and men. We started early in this matter, and have +wellnigh exhausted our resources." On September 19th General Johnston +telegraphed to me: "Thirty thousand stand of arms are a necessity to my +command. I beg you to order them, or as many as can be got, to be +instantly procured and sent with dispatch." The Secretary of War +replied: "The whole number received by us, by that steamer, was eighteen +hundred, and we purchased of the owners seventeen hundred and eighty, +making in all thirty-five hundred Enfield rifles, of which we have been +compelled to allow the Governor of Georgia to have one thousand for +arming troops to repel an attack now hourly threatened at Brunswick. Of +the remaining twenty-five hundred, I have ordered one thousand sent to +you, leaving us but fifteen hundred for arming several regiments now +encamped here, and who have been awaiting their arms for several +months.... We have not an engineer to send you. The whole engineer corps +comprises only six captains together with three majors, of whom one is +on bureau duty. You will be compelled to employ the best material within +your reach, by detailing officers from other corps, and by employing +civil engineers." + +These details are given to serve as an illustration of the deficiencies +existing in every department of the military service in the first years +of the war. In this respect much relief came from the well-directed +efforts of Governor Harris and the Legislature of Tennessee. A +cap-factory, ordnance-shops, and workshops were established. The +powder-mills at Nashville turned out about four-hundred pounds a day. +Twelve or fourteen batteries were fitted out at Memphis. Laws were +passed to impress and pay for the private arms scattered throughout the +State, and the utmost efforts were made to collect and adapt them to +military uses. The returns make it evident that, during most of the +autumn of 1861, fully one half of General Johnston's troops were +imperfectly armed, and whole brigades remained without weapons for +months. + +No less energetic were the measures taken to concentrate and recruit his +forces. General Hardee's command was moved from northeastern Arkansas, +and sent to Bowling Green, which added four thousand men to the troops +there. The regiment of Texan rangers was brought from Louisiana, and +supplied with horses and sent to the front. Five hundred Kentuckians +joined General Buckner on his advance, and five regiments were gradually +formed and filled up. A cavalry company under John H. Morgan was also +added. At this time (September, 1861), General Johnston, under the +authority granted to him by the Government, made a requisition for +thirty thousand men from Tennessee, ten thousand from Mississippi, and +ten thousand from Arkansas. The Arkansas troops were directed to be sent +to General McCulloch for the defense of their own frontier. The Governor +of Mississippi sent four regiments, when this source of supply was +closed. + +Up to the middle of November only three regiments were mustered in under +this call from Tennessee, but, by the close of December, the number of +men who joined was from twelve to fifteen thousand. Two regiments, +fifteen hundred strong, had joined General Polk. + +In Arkansas, five companies and a battalion had been organized, and were +ready to join General McCulloch. + +A speedy advance of the enemy was now indicated, and an increase of +force was so necessary that further delay was impossible. General +Johnston, therefore, determined upon a levy _en masse_ in his +department. He made a requisition on the Governors of Tennessee, +Alabama, and Mississippi, to call out every able-bodied member of the +militia into whose hands arms could be placed, or to provide a volunteer +force large enough to use all the arms that could be procured. In his +letters to these Governors, he plainly presents his view of the posture +of affairs on December 24th, points out impending dangers, and shows +that to his applications the response had not been such as the emergency +demanded. He says: + + "It was apprehended by me that the enemy would attempt to assail + the South, not only by boats and troops moving down the river, + to be assembled during the fall and winter, but by columns + marching inland, threatening Tennessee, by endeavoring to turn + the defenses of Columbus. Further observation confirms me in + this opinion; but I think the means employed for the defense of + the river will probably render it comparatively secure. The + enemy will energetically push toward Nashville the heavy masses + of troops now assembled between Louisville and Bowling Green. + The general position of Bowling Green is good and commanding; + but the peculiar topography of the place and the length of the + line of the Barren River as a line of defense, though strong, + require a large force to defend it. There is no position equally + defensive as Bowling Green, nor line of defense as good as the + Barren River, between the Barren and the Cumberland at + Nashville; so that it can not be abandoned without exposing + Tennessee, and giving vastly the vantage-ground to the enemy. It + is manifest that the Northern generals appreciate this; and, by + withdrawing their forces from western Virginia and east + Kentucky, they have managed to add them to the new levies from + Ohio, Indiana, and Illinois, and to concentrate a force in front + of me variously estimated at from sixty to one hundred thousand + men, and which I believe will number seventy-five thousand. To + maintain my position, I have only about seventeen thousand men + in this neighborhood. It is impossible for me to obtain + additions to my strength from Columbus; the generals in command + in that quarter consider that it would imperil that point to + diminish their force, and open Tennessee to the enemy. General + Zollicoffer can not join me, as he guards the Cumberland, and + prevents the invasion and possible revolt of East Tennessee." + +On June 5th General Johnston was reenforced by the brigades of Floyd and +Maney from western Virginia. He also sent a messenger to Richmond to ask +that a few regiments might be detached from the several armies in the +field, and sent to him to be replaced by new levies. He said: "I do not +ask that my force shall be made equal to that of the enemy; but, if +possible, it should be raised to fifty thousand men." Meantime such an +appearance of menace had been maintained as led the enemy to believe +that our force was large, and that he might be attacked at any time. +Frequent and rapid expeditions through the sparsely settled country gave +rise to rumors which kept alive this apprehension. + + + + +CHAPTER IX. + + The Coercion of Missouri.--Answers of the Governors of States to + President Lincoln's Requisition for Troops.--Restoration of + Forts Caswell and Johnson to the United States Government.-- + Condition of Missouri similar to that of Kentucky.-- + Hostilities, how initiated in Missouri.--Agreement between + Generals Price and Harney.--Its Favorable Effects.--General + Harney relieved of Command by the United States Government + because of his Pacific Policy.--Removal of Public Arms from + Missouri.--Searches for and Seizure of Arms.--Missouri on the + Side of Peace.--Address of General Price to the People.-- + Proclamation of Governor Jackson.--Humiliating Concessions of + the Governor to the United States Government, for the sake of + Peace.--Demands of the Federal Officers.--Revolutionary + Principles attempted to be enforced by the United States + Government.--The Action at Booneville.--The Patriot Army of + Militia.--Further Rout of the Enemy.--Heroism and Self-sacrifice + of the People.--Complaints and Embarrassments--Zeal: its + effects.--Action of Congress.--Battle of Springfield.--General + Price.--Battle at Lexington.--Bales of Hemp.--Other Combats. + + +To preserve the Union in the spirit and for the purposes for which it +was established, an equilibrium between the States, as grouped in +sections, was essential. When the Territory of Missouri constitutionally +applied for admission as a State into the Union, the struggle between +State rights and that sectional aggrandizement which was seeking to +destroy the existing equilibrium gave rise to the contest which shook +the Union to its foundation, and sowed the seeds of geographical +divisions, which have borne the most noxious weeds that have choked our +political vineyard. Again, in 1861, Missouri appealed to the +Constitution for the vindication of her rights, and again did usurpation +and the blind rage of a sectional party disregard the appeal, and assume +powers, not only undelegated, but in direct violation of the fourth +section of the fourth article of the Constitution, which every Federal +officer had sworn to maintain, and which secured to every State a +republican government, and protection against invasion. + +If it be contended that the invasion referred to must have been by other +than the troops of the United States, and that their troops were +therefore not prohibited from entering a State against its wishes, and +for purposes hostile to its policy, the section of the Constitution +referred to fortifies the fact, heretofore noticed, of the refusal of +the Convention, when forming the Constitution, to delegate to the +Federal Government power to coerce a State. By its last clause it was +provided that not even to suppress domestic violence could the General +Government, on its own motion, send troops of the United States into the +territory of one of the States. That section reads thus: + + "The United States shall guarantee to every State in this Union + a republican form of government, and shall protect each of them + against invasion, and on application of the Legislature, or of + the executive (when the Legislature can not be convened), + against domestic violence." + +Surely, if Federal troops could not be sent into a State without its +application, even to protect it against domestic violence, still less +could it be done to overrule the will of its people. That, instead of an +obligation upon the citizens of other States to respond to a call by the +President for troops to invade a particular State, it was in April, +1861, deemed a high crime to so use them: reference is here made to the +published answers of the Governors of States, which had not seceded, to +the requisition made upon them for troops to be employed against the +States which had seceded. + +Governor Letcher, of Virginia, replied to the requisition of the United +States Secretary of War as follows: + + "I am requested to detach from the militia of the State of + Virginia the quota designated in a table which you append, to + serve as infantry or riflemen, for the period of three months, + unless sooner discharged. + + "In reply to this communication, I have only to say that the + militia of Virginia will not be furnished to the powers at + Washington for any such use or purpose as they have in view. + Your object is to subjugate the Southern States, and a + requisition made upon me for such an object--an object, in my + judgment, not within the purview of the Constitution, or the Act + of 1795--will not be complied with." + +Governor Magoffin, of Kentucky, replied: + + "Your dispatch is received. In answer, I say emphatically, + Kentucky will furnish no troops for the wicked purpose of + subduing her sister Southern States." + +Governor Harris, of Tennessee, replied: + + "Tennessee will not furnish a single man for coercion, but fifty + thousand, if necessary, for the defense of our rights, or those + of our Southern brothers." + +Governor Jackson, of Missouri, answered: + + "Requisition is illegal, unconstitutional, revolutionary, + inhuman, diabolical, and can not be complied with." + +Governor Rector, of Arkansas, replied: + + "In answer to your requisition for troops from Arkansas, to + subjugate the Southern States, I have to say that none will be + furnished. The demand is only adding insult to injury." + +Governor Ellis, of North Carolina, responded to the requisition for +troops from that State as follows: + + "Your dispatch is received, and, if genuine--which its + extraordinary character leads me to doubt--I have to say, in + reply, that I regard the levy of troops made by the + Administration, for the purpose of subjugating the States of the + South, as in violation of the Constitution, and a usurpation of + power. I can be no party to this wicked violation of the laws of + the country, and to this war upon the liberties of a free + people. You can get no troops from North Carolina." + +Governor Ellis, who had lived long enough to leave behind him an +enviable reputation, was a fair representative of the conservatism, +gallantry, and tenacity in well-doing, of the State over which he +presided. He died too soon for his country's good, and the Confederacy +seriously felt the loss of his valuable services. The prompt and +spirited answer he gave to the call upon North Carolina to furnish +troops for the subjugation of the Southern States, was the fitting +complement of his earlier action in immediately restoring to the Federal +Government Forts Johnson and Caswell, which had been seized without +proper authority. In communicating his action to President Buchanan, he +wrote: + + "My information satisfies me that this popular outbreak was + caused by a report, very generally credited, but which, for the + sake of humanity, I hope is not true, that it was the purpose of + the Administration to coerce the Southern States, and that + troops were on their way to garrison the Southern ports, and to + begin the work of subjugation.... Should I receive assurance + that no troops will be sent to this State prior to the 4th of + March next, then all will be peace and quiet here, and the + property of the United States will be fully protected, as + heretofore. If, however, I am unable to get such assurances, I + will not undertake to answer for the consequences. + + "The forts in this State have long been unoccupied, and their + being garrisoned at this time will unquestionably be looked upon + as a hostile demonstration, and will in my opinion certainly be + resisted." + +The plea so constantly made by the succeeding Administration, as an +excuse for its warlike acts, that the duty to protect the public +property required such action, is shown by this letter of Governor Ellis +to have been a plea created by their usurpations, but for which there +might have been peace, as well as safety to property, and, what was of +greater worth, the lives, the liberties, and the republican institutions +of the country. + +There was great similarity in the condition of Missouri to that of +Kentucky. They were both border States, and, by their institutions and +the origin of a large portion of their citizens, were identified with +the South. Both sought to occupy a neutral position in the impending +war, and offered guarantees of peace and order throughout their +territory if left free to control their own affairs. Both refused to +furnish troops to the United States Government for the unconstitutional +purpose of coercing the Southern States. Both, because of their stronger +affinity to the South than to the North, were the objects of suspicion, +and consequent military occupation by the troops of the United States +Government. At the inception of this unwarrantable proceeding, an effort +was made by the Governor of Missouri to preserve the rights of the State +without disturbing its relations to the United States Government. If it +had been the policy of the Government to allow to Missouri the control +of her domestic affairs, and an exemption from being a party to the +violation of the Constitution in making war against certain of the +States, the above-described effort of the Governor might and probably +would have been successful. The form and purpose of that effort appear +in the compact entered into between Major-General Price, commanding the +militia or "Missouri State Guard," and General Harney, of the United +States Army, commanding the Department of the West, a geographical +division which included the State of Missouri. + +During a temporary absence of General Harney, Captain Lyon, commanding +United States forces at St. Louis, initiated hostilities against the +State of Missouri under the following circumstances: + +In obedience to the militia law of the State, an annual encampment was +directed by the Governor for instruction in tactics. Camp Jackson, near +St. Louis, was designated for the encampment of the militia of the +county in 1861. Here for some days companies of State militia, amounting +to about eight hundred men, under command of Brigadier-General D. M. +Frost, were being exercised, as is usual upon such occasions. They +presented no appearance of a hostile camp. There were no sentinels to +guard against surprise; visitors were freely admitted; it was the +picnic-ground for the ladies of the city, and everything wore the aspect +of merry-making rather than that of grim-visaged war. + +Suddenly, Captain (afterward General) Nathaniel Lyon appeared with an +overwhelming force of Federal troops, surrounded this holiday +encampment, and demanded an unconditional surrender. Resistance was +impracticable, and none was attempted; the militia surrendered, and were +confined as prisoners; but prisoners of what? There was no war, and no +warrant for their arrest as offenders against the law. It is left for +the usurpers to frame a vocabulary suited to their act. + +After the return of General Harney, Brigadier-General D. M. Frost, of +the Missouri militia, appealed to him from his prison, the St. Louis +Arsenal, on May 11, 1861, representing that, "in accordance with the +laws of the State of Missouri, which have been existing for some years, +and in obedience to the orders of the Governor, on Monday last I entered +into an encampment with the militia force of St. Louis County for the +purpose of instructing the same in accordance with the laws of the +United States and of this State." He further sets forth that every +officer and soldier of his command had taken an oath to sustain the +Constitution and laws of the United States and of the State of Missouri, +and that while in the peaceable performance of their duties the +encampment was surrounded by the command of Captain N. Lyon, United +States Army, and a surrender demanded, to which General Frost replied as +follows: + + "Camp Jackson, _May 10, 1861_. + + "Sir: I, never for a moment having conceived the idea that so + illegal and unconstitutional a demand as I have just received + from you would be made by an officer of the United States Army, + am wholly unprepared to defend my command from this unwarranted + attack, and shall therefore be forced to comply with your + demand. + + "I am sir, very respectfully, your obedient servant, + + "D. Frost, + + "_Brigadier-General, commanding Camp Jackson, M. M._ + + "Captain N. Lyon, _commanding United States troops_." + +General Frost's letter to General Harney continues: "My command was, in +accordance with the above, deprived of their arms, and surrendered into +the hands of Captain Lyon; after which, while thus disarmed and +surrounded, a fire was opened on a portion of it by his troops, and a +number of my men put to death, together with several innocent +lookers-on, men, women, and children." On the occasion of the attack +upon Camp Jackson, "a large crowd of citizens, men, women, and children, +were gathered around, gazing curiously at these strange proceedings, +when a volley was fired into them, killing ten and wounding twenty +non-combatants, mostly women and children. A reign of terror was at once +established, and the most severe measures were adopted by the Federals +to overawe the excitement and the rage of the people."[182] + +The massacre at Camp Jackson produced intense excitement throughout the +State. The Legislature, upon receipt of the news, passed several bills +for the enrollment and organization of the militia, and to confer +special powers upon the Governor of the State. By virtue of these, +general officers were appointed, chief of whom was Sterling Price. + +Because of the atrocities at St. Louis, and the violent demonstrations +consequent upon them, not only in St. Louis but elsewhere in the State, +General Price, well known to be what was termed "a Union man," and not +only by his commission as commander-in-chief of the militia of the +State, but also, and even more, because of his influence among the +people, was earnestly solicited by influential citizens of St. Louis to +unite with General Harney in a joint effort to restore order and +preserve peace. With the sanction of Governor Jackson he proceeded to +St. Louis, the headquarters of the Department of the West, and, after +some preliminary conference, entered into the following agreement, +which, being promulgated to the people, was received with general +satisfaction, and for a time allayed excitement. The agreement was as +follows: + + "St. Louis, _May 21, 1861_. + + "The undersigned, officers of the United States Government and of + the government of the State of Missouri, for the purpose of + removing misapprehension and of allaying public excitement, deem + it proper to declare publicly that they have this day had a + personal interview in this city, in which it has been mutually + understood, without the semblance of dissent on either part, + that each of them has no other than a common object, equally + interesting and important to every citizen of Missouri--that of + restoring peace and good order to the people of the State in + subordination to the laws of the General and State governments. + + "It being thus understood, there seems no reason why every + citizen should not confide in the proper officers of the General + and State governments to restore quiet, and, as among the best + means of offering no counter-influences, we mutually commend to + all persons to respect each other's rights throughout the State, + making no attempt to exercise unauthorized powers, as it is the + determination of the proper authorities to suppress all unlawful + proceedings which can only disturb the public peace. General + Price, having by commission full authority over the militia of + the State of Missouri, undertakes with the sanction of the + Governor of the State, already declared, to direct the whole + power of the State officers to maintaining order within the + State among the people thereof. General Harney publicly declares + that, this object being assured, he can have no occasion, as he + has no wish, to make military movements that might otherwise + create excitement and jealousy, which he most earnestly desires + to avoid. + + "We, the undersigned, do therefore mutually enjoin upon the + people of the State to attend to their civil business, of + whatever sort it may be, and it is hoped that the unquiet + elements which have threatened so seriously to disturb the + public peace may soon subside, and be remembered only to be + deplored. + + "W. S. Harney, + + "_Brigadier-General commanding._ + + "Sterling Price, + + "_Major-General Missouri State Guard._" + +The distinct position of General Harney, that the military force of the +United States should not be used in Missouri except in case of +necessity, together with the emphatic declaration of General Price that +he had the power and would use it to preserve peace and order in +Missouri, seemed to remove all danger of collision in that State between +the Federal and local forces. In conformity with this understanding, +General Price returned to the capital of the State, and sent to their +homes the militia who had been assembled there by the Governor for the +defense of the capital against an anticipated attack by the troops of +the United States. + +Those who desired to preserve peace in Missouri had just cause to be +gratified at the favorable prospect now presented. Those who desired war +had equal ground for dissatisfaction. A few days after the promulgation +of the agreement between General Price and General Harney, the latter +was removed from command, as many believed, because of his successful +efforts to allay excitement and avoid war. Rumors had been in +circulation that the Missourians were driving the "Union men" from their +homes, and many letters purporting to be written in different parts of +the State represented the persecution of Union men. It was suspected +that many of them were written in St. Louis, or inspired by the cabal. +An incident related in confirmation of the justice of this suspicion is, +that General Harney received a letter from St. Joseph, stating that +ex-Governor Stewart and a number of the most respectable men in St. +Joseph had been driven from their homes, and that, unless soldiers were +soon sent, the Union men would all have to leave. He called upon the +Hon. F. P. Blair, an influential citizen of St. Louis, and asked him if +he knew the writer of the letter. The reply was: "Oh, yes, he is +perfectly reliable; you can believe anything he says."[183] General +Harney said he would write immediately to General Price. Dissatisfaction +was then manifested at such delay; but, two or three days later, a +letter from ex-Governor Stewart was published in the "St. Joseph News," +in which was a marked paragraph of the copy sent to General Harney: +"Neither I nor any other Union man has been driven out of St. Joe."[184] +An attempt has been made to evade the conclusion that General Harney was +relieved from command because of his pacific policy. The argument is, +that the order was dated the 16th of May, and his agreement with General +Price was on the 21st of the same month, an argument more specious than +fair, as it appears from the letter of President Lincoln of May 18, +1861, to Hon. F. P. Blair, that the order sent from the War Department +to him was to be delivered or withheld at his discretion, and that it +was not delivered until the 30th of the month, and until after General +Harney had not only entered into his agreement with General Price, but +had declined to act upon sensational stories of persecution, on which +applications were made to send troops into the interior of Missouri. +During the days this order was held for his removal, with discretionary +power to deliver or withhold it, the above-recited events occurred, and +they may fairly be considered as having decided the question of his +removal from that command. + +The principal United States arsenal at the West was that near to St. +Louis. To it had been transferred a large number of the altered muskets +sent from Springfield, Massachusetts, so that in 1861 the arms in that +arsenal were, perhaps, numerically second only to those at Springfield. +These arms, by a conjunction of deceptive and bold measures, were +removed from the arsenal in Missouri and transported to Illinois. To +whom did those arms belong? Certainly to those whose money had made or +purchased them. That is, to the States in common, not to their agent the +General Government, or to a portion of the States which might be in a +condition to appropriate them to their special use, and in disregard of +the rights of their partners. + +Not satisfied with removing the public arms from the limits of Missouri, +the next step was that, in total disrespect of the constitutional right +of the citizens to bear arms for their own defense, and to be free from +searches and seizures except by warrants duly issued, the officers of +the General Government proceeded to search the houses of citizens in St. +Louis, and to seize arms wherever they were found. + +Missouri had refused to engage in war against her sister States of the +South; therefore she was first to be disarmed, and then to be made the +victim of an invasion characterized by such barbarous atrocities as +shame the civilization of the age. The wrongs she suffered, the brave +efforts of her unarmed people to defend their hearthstones and their +liberties against the desecration and destruction of both, form a +melancholy chapter in the history of the United States, which all who +would cherish their fair fame must wish could be obliterated. + +These acts of usurpation and outrage, as well upon the political as +personal rights of the people of Missouri, aroused an intense feeling in +that State. It will be remembered that Governor Jackson had responded to +the call of Mr. Lincoln upon him for troops with the just indignation of +one who understood the rights of the State, and the limited powers of +the General Government. His stern refusal to become a party to the war +upon the South made him the object of special persecution. By his side +in this critical juncture stood the gallant veteran, General Price. To +the latter was confided the conduct of the military affairs of the +State, and, after exhausting every effort to maintain order by peaceful +means, and seeing that the Government would recognize no other method +than that of force, he energetically applied himself to raise troops, +and procure arms so as to enable the State to meet force by force. +During this and all the subsequent period, the Governor and the General +were ably seconded by the accomplished, gallant, and indefatigable +Lieutenant-Governor, Reynolds. + +The position of Missouri in 1860-'61 was unquestionably that of +opposition to the secession of the State. The people generously confided +in the disposition of the General Government to observe their rights, +and continued to hope for a peaceful settlement of the questions then +agitating the country. This was evinced by the fact that not a single +secessionist was elected to the State Convention, and that General +Price, an avowed "Union man," was chosen as President of the Convention. +Hence the general satisfaction with the agreement made between Generals +Harney and Price for the preservation of peace and non-intervention by +the army of the United States. General Harney, the day before the order +for his removal was communicated to him, wrote to the War Department, +expressing his confidence in the preservation of peace in Missouri, and +used this significant expression: "Interference by unauthorized parties +as to the course I shall pursue can alone prevent the realization of +these hopes."[185] The "unauthorized parties" here referred to could not +have been the people or the government of Missouri. Others than they +must have been the parties wishing to use force, provocative of +hostilities. + +As has been heretofore stated, after his agreement with General Harney +at St. Louis, General Price returned to the capital and dismissed to +their homes the large body of militia that had been there assembled. + +After the removal of General Harney, believed to be in consequence of +his determination to avoid the use of military force against the people +of Missouri, reports were rife of a purpose on the part of the +Administration at Washington to disarm the citizens of Missouri who did +not sympathize with the views of the Federal Government, and to put arms +into the hands of those who could be relied on to enforce them. On the +4th of June General Price issued an address to the people of Missouri, +and in reference to that report said: "The purpose of such a movement +could not be misunderstood; and it would not only be a palpable +violation of the agreement referred to, and an equally plain violation +of our constitutional rights, but a gross indignity to the citizens of +this State, which would be resisted to the last extremity." + +The call of President Lincoln for seventy-five thousand volunteers +removed any preexisting doubt as to the intent to coerce the States +which should claim to assert their right of sovereignty. Missouri, while +avowing her purpose to adhere to the Union, had asserted her right to +exercise supreme control over her domestic affairs, and this put her in +the category of a State threatened by the proceedings of the United +States Government. To provide for such contingency as might be +anticipated, Governor Jackson, on the 13th of June, issued a call for +fifty thousand volunteers, and Major-General Price took the field in +command. In this proclamation Governor Jackson said: + + "A series of unprovoked and unparalleled outrages has been + inflicted on the peace and dignity of this Commonwealth, and + upon the rights and liberties of its people, by wicked and + unprincipled men professing to act under the authority of the + Government of the United States." + +In his endeavor to maintain the peace of the State, and to avert, if +possible, from its borders a civil war, he caused the aforementioned +agreement to be made with the commander of the Northern forces in the +State, by which its peace might be preserved. That officer was promptly +removed by his Government. The Governor then, upon the increase of +hostile actions, proposed, at an interview with the new officer +commanding the forces of the United States Government, to disband the +State Guard, and break up its organization; to disarm all companies that +had been armed by the State; to pledge himself not to organize the +militia under the military bill; that no arms or munitions of war should +be brought into the State; that he would protect the citizens equally in +all their rights, regardless of their political opinions; that he would +repress all insurrectionary movements within the State; would repel all +attempts to invade it, from whatever quarter, and by whomsoever made; +and would maintain a strict neutrality and preserve the peace of the +State. And, further, if necessary, he would invoke the assistance of the +United States troops to carry out the pledges. The only conditions to +this proposition made by the Governor were that the United States +Government should undertake to disarm the "Home Guard" which it had +illegally organized and armed throughout the State, and pledge itself +not to occupy with its troops any localities in the State not occupied +by them at that time. + +The words of a Governor of a State who offered such truly generous terms +deserve to be inserted: "Nothing but the most earnest desire to avert +the horrors of civil war from our beloved State could have tempted me to +propose these humiliating terms. They were rejected by the Federal +officers." + +These demanded not only the disorganization and disarming of the State +militia and the nullification of the military bill, but they refused to +disarm their own "Home Guard," and insisted that the Government of the +United States should enjoy an unrestricted right to move and station its +troops throughout the State whenever and wherever it might, in the +opinion of its officers, be necessary either for the protection of its +"loyal subjects" or for the repelling of invasion; and they plainly +announced that it was the intention of the Administration to take +military occupation of the whole State, and to reduce it, as avowed by +General Lyon, to the "exact condition of Maryland." + +We have already stated that the revolutionary measures which the United +States Government had undertaken to enforce involved the subjection of +every State, either by voluntary submission or subjugation. However much +a State might desire peace and neutrality, its own will could not elect. +The scheme demanded the absolute sovereignty of the Government of the +United States, or, in other words, the extinguishment of the +independence and sovereignty of the State. Human actions are not only +the fruit of the ruling motive, but they are also the evidence of the +existence of that motive. Thus, when we see the Governor of the State of +Missouri offering such generous terms to the government of the United +States in order to preserve peace and neutrality, and the latter, +rejecting them, avow its intention to do its will with the authorities, +the property, and the citizens of the State, and proceed with military +force to do it, its actions are both the evidence and the fruit of its +theory. These measures were revolutionary in the extreme. They involved +the entire subversion of those principles on which the American Union +was founded, and of the compact or Constitution of that Union. The +Government of the United States, in the hands of those who wielded its +authority, was made the bloody instrument to establish these usurpations +on the ruins of the crushed hopes of mankind for permanent freedom under +constitutional government. For the justness and truthfulness of these +allegations I appeal to the impartial and sober judgment of posterity. + +The volunteers who were assembled under this proclamation of Governor +Jackson, of June 13th, had few arms except their squirrel-rifles and +shot-guns, and could scarcely be said to have any military equipments. +The brigadier-generals who were appointed were assigned to geographical +divisions, and, with such men as they could collect, reported in +obedience to their orders at Booneville and Lexington. On the 20th of +June, 1861, General Lyon and Colonel F. P. Blair, with an estimated +force of seven thousand well-armed troops, having eight pieces of +artillery, ascended the Missouri River, and debarked about five miles +below Booneville. To oppose them, the Missourians had there about eight +hundred men, poorly armed, without a piece of artillery, and but little +ammunition. With courage which must be commended at the expense of their +discretion, they resolved to engage the enemy, and, after a combat of an +hour and a half or more, retired, having inflicted heavy loss upon the +enemy, and suffering but little themselves. This first skirmish between +the Federal troops and the Missouri militia inspired confidence in their +fellow-citizens, and checked the contemptuous terms in which the militia +had been spoken of by the enemy. Governor Jackson, with some two hundred +and fifty to three hundred of the militia engaged in the action at +Booneville, started toward the southwestern portion of the State. He +marched in the direction of a place called Cole Camp, and, when within +twelve or fifteen miles of it, learned that a force of seven hundred to +one thousand of the enemy had been sent to that point by General Lyon +and Colonel Blair, with the view of intercepting his retreat. The +design, however, was frustrated by an expedition consisting of about +three hundred and fifty men, commanded by Colonel O'Kane, who had +assembled them in a very few hours in the neighborhood south of the +enemy's camp. There were no pickets out except in the neighborhood of +Jackson's forces, and Colonel O'Kane surprised the enemy where they were +asleep in two large barns. The attack was made at daybreak, the enemy +routed after suffering the heavy loss of two hundred and six killed and +more wounded, and more than a hundred prisoners. Three hundred and +sixty-two muskets with bayonets were captured. The Missourians lost four +killed and fifteen or twenty wounded. + +General Price, with a view to draw his army from the baseline of the +enemy, the Missouri River, ordered his troops to the southwestern +portion of the State. The column from Lexington marched without +transportation, without tents or blankets, and relied for subsistence on +the country through which it passed, being in the mean time closely +pursued by the enemy. The movement was successfully made, and a junction +effected in Cedar County with the forces present with Governor Jackson. +The total when assembled was about thirty-six hundred men. + + "This, then, was the patriot army of Missouri. It was a + heterogeneous mass representing every condition of Western life. + There were the old and young, the rich and poor, the grave and + gay, the planter and laborer, the farmer and clerk, the hunter + and boatman, the merchant and woodsman. At least five hundred of + these men were entirely unarmed. Many had only the common rifle + and shot-gun. None were provided with cartridges or canteens. + They had eight pieces of cannon, but no shells, and very few + solid shot, or rounds of grape and canister. + + "Rude and almost incredible devices were made to supply these + wants: trace-chains, iron rods, hard pebbles, and smooth stones + were substituted for shot; and evidence of the effect of such + rough missiles was to be given in the next encounter with the + enemy."[186] + +Governor Jackson continued his march toward southwestern Missouri. He +had received reliable intelligence that he was pursued by General Lyon +from the northeast, and by Lane and Sturgis from the northwest, their +supposed object being to form a junction in his rear, and he +subsequently learned that a column numbering three thousand had been +sent out from St. Louis to intercept his retreat, and had arrived at the +town of Carthage, immediately in his front. These undisciplined, poorly +armed Missourians were, therefore, in a position which would have +appalled less heroic men--a large hostile force in their rear, and +another, nearly equal in numbers to their own, disputing their passage +in front. They, however, cheerfully moved forward, attacked the enemy in +position, and, after a severe engagement, routed him, pursued him to a +second position, from which he was again driven, falling back to +Carthage, where he made his last stand, and, upon being driven from +which, as was subsequently ascertained, continued his retreat all night. +The killed and wounded of the enemy, left along the route of his retreat +over a space of ten miles, were estimated at from one hundred and fifty +to two hundred killed, and from three to four hundred wounded. Several +hundred muskets were captured, and the Missourians were better prepared +for future conflicts. Our loss was between forty and fifty killed, and +from one hundred and twenty-five to one hundred and fifty wounded.[187] + +If any shall ask why I have entered into such details of engagements +where the forces were comparatively so small, and the results so little +affected the final issue of the war, the reply is, that such heroism and +self-sacrifice as these undisciplined, partially armed, unequipped men +displayed against superior numbers, possessed of all the appliances of +war, claim special notice as bearing evidence not only of the virtue of +the men, but the sanctity of the cause which could so inspire them. +Unsupported, save by the consciousness of a just cause, without other +sympathy than that which the Confederate States fully gave, despising +the plea of helplessness, and defying the threats of a powerful +Government to crush her, Missouri, without arms or other military +preparation, took up the gauntlet thrown at her feet, and dared to make +war in defense of the laws and liberties of her people. + +My motive for promptly removing the seat of government, after authority +was given by the Provisional Congress, has been heretofore stated, but +proximity to the main army of the enemy, and the flanking attacks by +which the new capital was threatened, did not diminish the anxiety, +which had been felt before removal from Montgomery, in regard to affairs +in Missouri, the "far West" of the Confederacy. + +The State, which forty years before had been admitted to the Union, +against sectional resistance to the right guaranteed by the +Constitution, and specifically denominated in the treaty for the +acquisition of Louisiana, now, because her Governor refused to furnish +troops for the unconstitutional purpose of coercing States, became the +subject of special hostility and the object of extraordinary efforts for +her subjugation. + +The little which it would have been possible for the Confederacy to do +to promote her military efficiency was diminished by the anomalous +condition in which the State troops remained until some time in the +second year of the war. A strange misapprehension led to unreasonable +complaints, under the supposition that Missouri was generally neglected, +and her favorite officer, General Price, was not accorded a commission +corresponding to his merit and the wishes of the people. It is due to +that gallant soldier and true patriot, that it should here be stated +that he was not a party to any such complaints, knew they were +unfounded, and realized that his wishes for the defense of Missouri were +fully reciprocated by the Executive of the Confederacy; all of which was +manifested in the correspondence between us, before Missouri had +tendered any troops to the Confederate States. It was his statement of +the difficulties and embarrassments which surrounded him that caused me +to write to the Governor of Missouri on the 21st of December, 1861, +stating to him my anxiety to have the troops of Missouri tendered and +organized into brigades and divisions, so that they might be rendered +more effective, and we be better able to provide for them by the +appointment of general officers and otherwise. + +For a full understanding of the nature and degree of the complaints and +embarrassments referred to, I here insert my reply to letters sent to me +by the Hon. John B. Clarke, M.C., of Missouri: + + Richmond, Virginia, _January 8, 1862_. + + "Hon. John B. Clarke, _Richmond_, _Virginia_. + + "Sir: I have received the two letters from Governor Jackson sent + by you this day. The Governor speaks of delay by the authorities + of Richmond, and neglect of the interests of Missouri, and + expresses the hope that he has said enough to be well understood + by me. + + "When I remember that he wrote in reply to my call upon him to + hasten the tender of Missouri troops, so that they should be put + upon the footing of those of other States, and with a knowledge + that as militia of the State I had no power to organize or + appoint commanders for them, and that it was his duty to attend + to their wants, but that I had sent an agent of the Confederate + Government as far as practicable to furnish the necessary + supplies to the militia of Missouri actually in service, I can + only say, I hope he is not understood by me. It is but a short + time since, in a conversation of hours, I fully explained to you + the ease so far as I am connected with it, and there is nothing + for me to add to what you then seemed to consider conclusive. + + "Very respectfully yours, + + "Jefferson Davis." + +As is usually the case when citizens are called from their ordinary +pursuits for the purposes of war, the people of Missouri did not then +realize the value of preparation in camp, and were reluctant to enroll +themselves for long periods. The State, even less than the Confederate +Government, could not supply them with the arms, munitions, and equipage +necessary for campaigns and battles and sieges. Under all these +disadvantages, it is a matter of well-grounded surprise that they were +able to achieve so much. The Missourians who fought at Vicksburg, and +who, after that long, trying, and disastrous siege, asked, when in the +camp of parolled prisoners, not if they could get a furlough, not if +they might go home when released, but how soon they might hope to be +exchanged and resume their places in the line of battle, show of what +metal the Missouri troops were made, and of what they were capable when +tempered in the fiery furnace of war. + +I can recall few scenes during the war which impressed me more deeply +than the spirit of those worn prisoners waiting for the exchange that +would again permit them to take the hazards of battle for the cause of +their country. + +This memory leads me to recur with regret to my inability, in the +beginning of the war, to convince the Governor of Missouri of the +necessity for thorough organization and the enrollment of men for long +terms, instead of loose combinations of militia for periods always short +and sometimes uncertain. + +General Price possessed an extraordinary power to secure the personal +attachment of his troops, and to inspire them with a confidence which +served in no small degree as a substitute for more thorough training. +His own enthusiasm and entire devotion to the cause he served were +infused throughout his followers, and made them all their country's own. +To Lord Wellington has been attributed the remark that he did not want +zeal in a soldier, and to Napoleon the apothegm that Providence is on +the side of the heavy battalions. Zeal was oftentimes our main +dependence, and on many a hard-fought field served to drive our small +battalions, like a wedge, through the serried ranks of the enemy. + +The Confederate States, yet in their infancy, and themselves engaged in +an unequal struggle for existence, by act of their Congress declared +that, if Missouri was engaged in repelling a lawless invasion of her +territory by armed forces, it was their right and duty to aid the people +and government of said State in resisting such invasion, and in securing +the means and the opportunity of expressing their will upon all +questions affecting their rights and liberties. With small means, +compared to their wants, the Confederate Congress, on the 6th of August, +appropriated one million dollars "to aid the people of the State of +Missouri in the effort to maintain, within their own limits, the +constitutional liberty which it is the purpose of the Confederate States +in the existing war to vindicate," etc. + +In the next battle after that of Carthage, which has been noticed, +Missourians were no longer to be alone. General McCullough, commanding a +brigade of Confederate troops, marched from Arkansas to make a junction +with General Price, then threatened with an attack by a large force of +the enemy under General Lyon, which was concentrated near Springfield, +Missouri. The battle was fiercely contested, but finally won by our +troops. In this action General Lyon was killed while gallantly +endeavoring to rally his discomfited troops, and lead them to the +charge. While we can not forget the cruel wrongs he had inflicted and +sought still further to impose upon an unoffending people, we must +accord to him the redeeming virtue of courage, and recognize his ability +as a soldier. On this occasion General Price exhibited in two instances +the magnanimity, self-denial, and humanity which ever characterized him. +General McCulloch claimed the right to command as an officer of the +Confederate States Army. General Price, though he ranked him by a grade, +replied that "he was not fighting for distinction, but for the defense +of the liberties of his countrymen, and that it mattered but little what +position he occupied. He said he was ready to surrender not only the +command, but his life, as a sacrifice to the cause."[188] He surrendered +the command and took a subordinate position, though "he felt assured of +victory." + +The second instance was an act of humanity to his bitterest enemy. +General Lyon's "surgeon came in for his body, under a flag of truce, +after the close of the battle, and General Price sent it in his own +wagon. But the enemy, in his flight, left the body unshrouded in +Springfield. The next morning, August 11th, Lieutenant-Colonel Gustavus +Elgin and Colonel R. H. Musser, two members of Brigadier General +Clarke's staff, caused the body to be properly prepared for +burial."[189] + +After the battle of Springfield, General McCulloch returned with his +brigade to his former position in Arkansas. John C. Fremont had been +appointed a general, and assigned to the command made vacant by the +death of General Lyon. He signalized his entrance upon the duty by a +proclamation, confiscating the estates and slave property of "rebels." + +"On the 10th of September, when General Price was about to go into camp, +he learned that a detachment of Federal troops was marching from +Lexington to Warrensburg, to seize the funds of the bank in that place, +and to arrest and plunder the citizens of Johnson County, in accordance +with General Fremont's proclamation and instructions."[190] General +Price resumed his march, and, pressing rapidly forward with his mounted +men, arrived about daybreak at Warrensburg, where he learned that the +enemy had hastily fled about midnight. He then decided to move with his +whole force against Lexington. He found the enemy in strong +intrenchments, and well supplied with artillery. + +The place was stubbornly defended. The siege proper commenced on the +18th of September, 1861, and with varying fortunes. Fierce combats +continued through that day and the next. On the morning of the 20th +General Price ordered a number of bales of hemp to be transported to the +point from which the advance of his troops had been repeatedly repulsed. +They were ranged in a line for a breastwork, and, when rolled before the +men as they advanced, formed a moving rampart which was proof against +shot, and only to be overcome by a sortie in force, which the enemy did +not dare to make. On came the hempen breastworks, while Price's +artillery continued an effective fire. In the afternoon of the 20th the +enemy hung out a white flag, upon which General Price ordered a +cessation of firing, and sent to ascertain the object of the signal. The +Federal forces surrendered as prisoners of war, to the number of +thirty-five hundred; also, seven pieces of artillery, over three +thousand stand of muskets, a considerable number of sabres, a valuable +supply of ammunition, a number of horses, a large amount of commissary's +stores, and other property. Here were also recovered the great seal of +the State and the public records, and about nine hundred thousand +dollars of which the Bank of Lexington had been robbed. General Price +caused the money to be at once returned to the bank. + +After the first day of the siege of Lexington, General Price learned +that Lane and Montgomery, from Kansas, with about four thousand men, and +General Sturgis, with fifteen hundred cavalry, were on the north side of +the Missouri River, advancing to reenforce the garrison at Lexington. At +the same time, and from the same direction, Colonel Saunders, with about +twenty-five hundred Missourians, was coming to the aid of General Price. +General D. R. Atchison, who had long been a United States Senator from +Missouri, and at the time of his resignation was President _pro tem._ of +the Senate, was sent by General Price to meet the command of Colonel +Saunders and hasten them forward. He joined them on the north bank of +the river, and, after all but about five hundred had been ferried over, +General Atchison still remaining with these, they were unexpectedly +attacked by the force from Kansas. The ground was densely wooded, and +partially covered with water. The Missourians, led and cheered by one +they had so long and deservedly honored, met the assault with such +determination, and fighting with the skill of woodsmen and hunters, that +they put the enemy to rout, pursuing him for a distance of ten miles, +and inflicting heavy loss upon him, while that of the Missourians was +but five killed and twenty wounded. + +The expedient of the bales of hemp was a brilliant conception, not +unlike that which made Tarik, the Saracen warrior, immortal, and gave +his name to the northern pillar of Hercules. + +The victories in Missouri which have been noticed, and which so far +exceeded what might have been expected from the small forces by which +they were achieved, had caused an augmentation of the enemy's troops to +an estimated number of seventy thousand. Against these the army of +General Price could not hope successfully to contend; he therefore +retired toward the southwestern part of the State. + +The want of supplies and transportation compelled him to disband a +portion of his troops; with the rest he continued his retreat to Neosho. +By proclamation of Governor Jackson, the Legislature had assembled at +this place, and had passed the ordinance of secession. If other evidence +were wanting, the fact that, without governmental aid, without a +military chest, without munitions of war, the campaign which has been +described had so far been carried on by the voluntary service of the +citizens, and the free-will offerings of the people, must be conclusive +that the ordinance of secession was the expression of the popular will +of Missouri. + +The forces of Missouri again formed a junction with the Confederate +troops under General McCulloch, and together they moved to Pineville, in +McDonald County. + + +[Footnote 182: See "Confederate First and Second Missouri Brigades," +Bevier, pp. 24-26.] + +[Footnote 183: See "Life of General Wm. S. Harney," by L. U. Reavis, p. +373.] + +[Footnote 184: See Ibid., p. 373.] + +[Footnote 185: See "Life of General Wm. S. Harney," by L. U. Reavis, p. +72] + +[Footnote 186: Bevier, pp. 35, 36.] + +[Footnote 187: Bevier, pp. 86-88.] + +[Footnote 188: Bevier, p. 41.] + +[Footnote 189: Ibid., pp. 49, 50.] + +[Footnote 190: Ibid., p. 54.] + + + + +CHAPTER X. + + Brigadier-General Henry A. Wise takes command in Western + Virginia.--His Movements.--Advance of General John B. + Floyd.--Defeats the Enemy.--Attacked by Rosecrans.--Controversy + between Wise and Floyd.--General R. E. Lee takes the Command in + West Virginia.--Movement on Cheat Mountain.--Its + Failure.--Further Operations.--Winter Quarters.--Lee sent to + South Carolina. + + +In June, 1861, Brigadier-General Henry A. Wise, who was well and +favorably known to the people of the Kanawha Valley, in his enthusiasm +for their defence and confidence in his ability to rally them to resist +the threatened invasion of that region, offered his services for that +purpose. With a small command, which was to serve as a nucleus to the +force he hoped to raise, he was sent thither. His success was as great +as could have been reasonably expected, and, after the small but +brilliant affair on Scary Creek, he prepared to give battle to the enemy +then advancing up the Kanawha Valley under General Cox; but the defeat +of our forces at Laurel Hill, which has been already noticed, uncovered +his right flank and endangered his rear, which was open to approach by +several roads; he therefore fell back to Lewisburg. + +Brigadier-General John B. Floyd had in the mean time raised a brigade in +southwestern Virginia, and advanced to the support of General Wise. +Unfortunately, there was a want of concert between these two officers, +which prevented their entire cooeperation. General Floyd engaged the +enemy in several brilliant skirmishes, when he found that his right was +threatened by a force which was approaching on that flank, with the +apparent purpose of crossing the Gauley River at the Carnifex Ferry so +as to strike his line of communication with Lewisburg. He crossed the +river with his brigade and a part of Wise's cavalry, leaving that +general to check any advance which Cox might make. General Floyd's +movement was as successful as it was daring; he met the enemy's forces, +defeated and dispersed them, but the want of cooeperation between +Generals Wise and Floyd prevented a movement against General Cox. + +Floyd intrenched himself on the Gauley, in a position of great natural +strength, but the small force under his command and the fact that he was +separated from that of General Wise probably induced General Rosecrans, +commanding the enemy's forces in the Cheat Mountain, to advance and +assail the position. Though his numbers were vastly superior, the attack +was a failure; after a heavy loss on the part of the enemy, he fell back +after nightfall. During the night Floyd crossed the river and withdrew +to the camp of General Wise, to form a junction of the two forces, and +together they fell back toward Sewell's Mountain. The unfortunate +controversy between these officers, which had prevented cooeperation in +the past, grew more bitter, and each complained of the other in terms +that left little hope of future harmony; and this want of cooeperation +led to confusion, and threatened further reverses. + +General Loring had succeeded General Garnett, and was in command of the +remnant of the force defeated at Laurel Hill. His headquarters were at +Valley Mountain. General R. E. Lee, on duty at Richmond, aiding the +President in the general direction of military affairs, was now ordered +to proceed to western Virginia. It was hoped that, by his military skill +and deserved influence over men, he would be able to retrieve the +disaster we had suffered at Laurel Hill, and, by combining all our +forces in western Virginia on one plan of operations, give protection to +that portion of our country. Such reenforcement as could be furnished +had been sent to Valley Mountain, the headquarters of General Loring. +Thither General Lee promptly proceeded. The duty to which he was +assigned was certainly not attractive by the glory to be gained or the +ease to be enjoyed, but Lee made no question as to personal preference, +and, whatever were his wishes, they were subordinate to what was +believed to be the public interest. + +The season had been one of extraordinary rains, rendering the +mountain-roads, ordinarily difficult, almost impassable. With +unfaltering purpose and energy, he crossed the Alleghany Mountains, and, +learning that the main encampment of the enemy was in the valley of +Tygart River and Elk Run, Randolph County, he directed his march toward +that position. The troops under the immediate command of +Brigadier-General H. R. Jackson, together with those under +Brigadier-General Loring, were about thirty-five hundred men. The force +of the enemy, as far as it could be ascertained, was very much greater. +In the detached work at Cheat Mountain Pass, we learned by a +provision-return, found upon the person of a captured staff-officer, +that there were three thousand men, being but a fraction less than our +whole force. After a careful reconnaissance, and a full conference with +General Loring, Lee decided to attack the main encampment of the enemy +by a movement of his troops converging upon the valley from three +directions. The colonel of one of his regiments, who had reconnoitered +the position of the works at Cheat Mountain Pass, reported that it was +feasible to turn it and carry it by assault, and he was assigned to that +duty. General Lee ordered other portions of his force to take position +on the spurs overlooking the enemy's main encampment, while he led three +regiments to the height below and nearest to the position of the enemy. +The instructions were that the officer sent to turn the position at +Cheat Mountain Pass should approach it at early dawn, and immediately +open fire, which was to be the signal for the concerted attack by the +rest of the force. It rained heavily during the day, and, after a +toilsome night-march, the force led by General Lee, wet, weary, hungry, +and cold, gained their position close to and overlooking the enemy's +encampment. In their march they had surprised and captured the picket, +without a gun being fired, so that no notice had been given of their +approach. + +The officer who had been sent to attack the work at Cheat Mountain Pass +found on closer examination that he had been mistaken as to the +practicability of taking it by assault, and that the heavy abatis which +covered it was advanced beyond the range of his rifles. Not having +understood that his firing was to be the signal for the general attack, +and should therefore be opened, whether it would be effective or not, he +withdrew without firing a musket. + +The height occupied by General Lee was shrouded in fog, and, as morning +had dawned without the expected signal, he concluded that some mishap +had befallen the force which was to make it. By a tortuous path he went +down the side of the mountain low enough to have a distinct view of the +camp. He saw the men, unconscious of the near presence of an enemy, +engaged in cleaning their arms, cooking, and other morning occupations; +then returning to his command, he explained to his senior officers what +he had seen, and expressed his belief that, though the plan of attack +had failed, the troops there with him could surprise and capture the +camp. The officers withdrew, conferred with their men, and reported to +the General that the troops were not in condition for the enterprise. As +the fog was then lifting, and they would soon be revealed to the enemy +below, whose numbers were vastly superior to his own, he withdrew his +command by the route they had come, and without observation returned to +his camp. Beyond some skirmishes with outposts and reconnoitering +parties, our troops had not been engaged, and in these affairs our +reported loss was comparatively small. + +Colonel John A. Washington, aide-de-camp of General Lee, was killed, +while making a reconnaissance, by a party in ambuscade. The loss of this +valuable and accomplished officer was much regretted by his general and +all others who knew him. + +The report that Rosecrans and Cox had united their commands and were +advancing upon Wise and Floyd caused General Lee to move at once to +their support. He found General Floyd at Meadow Bluff and General Wise +at Sewell Mountain. The latter position being very favorable for +defense, the troops were concentrated there to await the threatened +attack by Rosecrans, who advanced and took position in sight of General +Lee's intrenched camp, and, having remained there for more than a week, +withdrew in the night without attempting the expected attack. + +The weak condition of his artillery-horses and the bad state of the +roads, made worse by the retiring army, prevented General Lee from +attempting to pursue; and the approach of winter, always rigorous in +that mountain-region, closed the campaign with a small but brilliant +action in which General H. R. Jackson repelled an attack of a greatly +superior force, inflicting severe loss on the assailants, and losing but +six of his own command. + +With the close of active operations, General Lee returned to Richmond, +and, though subjected to depreciatory criticism by the carpet-knights +who make campaigns on assumed hypotheses, he with characteristic +self-abnegation made no defense of himself, not even presenting an +official report of his night-march in the Cheat Mountain, but orally he +stated to me the facts which have formed the basis of this sketch. My +estimate of General Lee, my confidence in his ability, zeal, and +fidelity, rested on a foundation not to be shaken by such criticism as I +have noticed. I had no more doubt then, than after his fame had been +securely established, that, whenever he had the opportunity to prove his +worth, he would secure public appreciation. Therefore, as affairs on the +coast of South Carolina and Georgia were in an unsatisfactory condition, +he was directed to go there and take such measures for the defense, +particularly of Savannah and Charleston, as he should find needful. Lest +the newspaper attack should have created unjust and unfavorable +impressions in regard to him, I thought it desirable to write to +Governor Pickens and tell him what manner of man he was who had been +sent to South Carolina. + +After the withdrawal of the Confederate army from Fairfax Court-House +and the positions which had been occupied in front of that place, a +movement was made by the enemy to cross the Potomac near Leesburg, where +we had, under the command of Brigadier General N. S. Evans, of South +Carolina, four regiments of infantry (i.e., the Thirteenth, Seventeenth, +and Eighteenth Mississippi, and the Eighth Virginia), commanded +respectively by Colonels Barksdale, Featherston, Burt, and Hunton, a +small detachment of cavalry, under Lieutenant-Colonel Jenifer, and some +pieces of artillery. + +On the 21st of October the enemy commenced crossing the river at +Edwards's Ferry. A brigade was thrown over and met by the Thirteenth +Mississippi, which held them in check at the point of crossing. In the +mean time another brigade was thrown over at Ball's Bluff, and, as +troops continued to cross at that point, where the Eighth Virginia had +engaged them, General Evans ordered up the Seventeenth and Eighteenth +Mississippi, and the three regiments made such an impetuous attack as to +drive back the enemy to the bluff, and their leader, Colonel Baker, +having fallen, a panic seemed to seize the command, so that they rushed +headlong down the bluff, and crowded into the flat-boats, which were +their means of transportation, in such numbers that they were sunk, and +many of the foe were drowned in their attempt to swim the river. The +loss of the enemy, prisoners included, exceeded the number of our troops +in the action. The Confederate loss was reported to be thirty-six +killed, one hundred and seventeen wounded, and two captured; total, one +hundred and fifty-five. Among the killed was the gallant Colonel Burt, a +much-respected citizen of Mississippi, where he had held high civil +station, and where his death was long deplored. + + + + +CHAPTER XI. + + The Issue.--The American Idea of Government.--Who was + responsible for the War?--Situation of Virginia.--Concentration + of the Enemy against Richmond.--Our Difficulty.--Unjust + Criticisms.--The Facts set forth.--Organization of the + Army.--Conference at Fairfax Court-House.--Inaction of the + Army.--Capture of Romney.--Troops ordered to retire to the + Valley.--Discipline.--General Johnston regards his Position as + unsafe.--The First Policy.--Retreat of General Johnston.--The + Plans of the Enemy.--Our Strength magnified by the + Enemy.--Stores destroyed.--The Trent Affair. + + +It has been shown that the Southern States, by their representatives in +the two Houses of Congress, consistently endeavored even to the last +day, when they were by their constituents permitted to remain in the +halls of Federal legislation, to maintain the Constitution, and preserve +the Union which the States had by their independent action ordained and +established. On the other hand, proof has been adduced to show that the +Northern States, by a majority of their representatives in the Congress, +had persisted in agitation injurious to the welfare and tranquillity of +the Southern States, and at the last moment had refused to make any +concessions, or to offer any guarantees to check the current toward +secession of the complaining States, whose love for the Union rendered +them willing to accept less than justice should have readily accorded. +The issue was then presented between submission to empire of the North, +or the severance of those ties consecrated by many memories, and +strengthened by those habits which render every people reluctant to +sever long-existing associations. + +The authorities heretofore cited have, I must believe, conclusively +shown that the question of changing their government was one that the +States had the power to decide by virtue of the unalienable right +announced in the Declaration of Independence, and which had been proudly +denominated the American idea of government. The hope and the wish of +the people of the South were that the disagreeable necessity of +separation would be peacefully met, and be followed by such commercial +regulations as would least disturb the prosperity and future intercourse +of the separated States. Every step taken by the Confederate Government +was directed toward that end. The separation of the States having been +decided on, it was sought to effect it in such manner as would be just +to the parties concerned, and preserve as far as possible, under +separate governments, the fraternal and mutually beneficial relations +which had existed between the States when united, and which it was the +object of their compact of union to secure. To all the proofs heretofore +offered I confidently refer for the establishment of the fact that +whatever of bloodshed, of devastation, or shock to republican government +has resulted from the war, is to be charged to the Northern States. The +invasions of the Southern States, for purposes of coercion, were in +violation of the written Constitution, and the attempt to subjugate +sovereign States, under the pretext of "preserving the Union," was alike +offensive to law, to good morals, and the proper use of language. The +Union was the voluntary junction of free and independent States; to +subjugate any of them was to destroy constituent parts, and necessarily, +therefore, must be the destruction of the Union itself. + +That the Southern States were satisfied with a Federal Government such +as their fathers had formed, was shown by their adoption of a +Constitution so little differing from the instrument of 1787. It was +against the violations of that instrument, and usurpations offensive to +their pride and injurious to their interests, that they remonstrated, +argued, and finally appealed to the inherent, undelegated power of the +States to judge of their wrongs, and of the "mode and measure of +redress." + +After many years of fruitless effort to secure from their Northern +associates a faithful observance of the compact of union; after its +conditions had been deliberately and persistently broken, and the signs +of the times indicated further and more ruthless violations of their +rights as equals in the Union, the Southern States, preferring a +peaceful separation to continuance in a hostile Union, decided to +exercise their sovereign right to withdraw from an association which had +failed to answer the ends for which it was formed. It has been shown how +they endeavored to effect the change with strict regard to the +principles controlling a dissolution of partnership, and how earnestly +they desired to remain in friendly relations to the Northern States, and +how all their overtures were rejected. When they pleaded for peace, the +United States Government deceptively delayed to answer, while making +ready for war. To the calm judgment of mankind is submitted the +question, Who was responsible for the war between the States? + +Virginia, whose history, from the beginning of the Revolution of 1776, +had been a long course of sacrifices for the benefit of her sister +States, and for the preservation of the Union she had mainly contributed +to establish, clung to it with the devotion of a mother. It has been +shown how her efforts to check dissolution were persisted in when the +aggrieved were hopeless and the aggressors reckless, and how her +mediations were rejected in the "Peace Congress," which on her motion +had been assembled. Sorrowing over the failure of this, her blessed +though unsuccessful attempt to preserve the Union _of the Constitution_, +she was not permitted to mourn as a neutral, but was required by the +United States Government to choose between furnishing troops to +subjugate her Southern sisters or the reclamation of the grants she had +made to the Federal Government when she became a member of the Union. +The first was a violation of the letter and the spirit of the +Constitution; the second was a reserved right. The voice of Henry called +to her from the ground; the spirits of Washington and Jefferson moved +among her people. + +There was but one course consistent with her stainless reputation and +often-declared tenets, as to the liberties of her people, which she +could have adopted. As in 1776, reluctantly she bowed to the necessity +of separation from the Crown, so in 1861 the ordinance of secession was +adopted. Having exhausted all other means, she took the last resort, +and, if for this she was selected as the first object of assault, +"methinks the punishment exceedeth the offense." + +The large resources and full preparation of the United States Government +enabled it to girt Virginia as with a wall of fire. It has been shown +that she was threatened from the east, from the north, and from the +west. The capital of the State and of the Confederacy, Richmond, was the +objective point, and on this the march of three columns concentrated. On +the east, the advance of the enemy was on several occasions feasible, +when we consider the number of his forces at and about Fortress Monroe, +in comparison with the small means retained for the defense of the +capital. On the north, the most formidable army of the enemy was +assembled; to oppose it we had the comparatively small Army of the +Potomac. This being regarded as the line on which the greatest danger +was apprehended, our efforts were mostly directed toward giving it the +requisite strength. Troops, as rapidly as they could be raised and +armed, were sent forward for that purpose. From the beginning to the +close of the war, we mainly relied for the defense of the capital on its +aged citizens, boys too young for service, and the civil employees of +the executive departments. On several occasions these were called out to +resist an attack. They answered with alacrity, and always bore +themselves gallantly, more than once repelling the enemy in the open +field. Had it been practicable to do so, it would surely have been +proper to keep a large force in reserve for the defense of the capital, +so often and vauntingly proclaimed to be the object of the enemy's +campaign. Perhaps the propriety of such provision gave currency and +credence to rumors that we had a large force at Richmond. This even led +to the application for a detachment from it to reenforce our Army of the +Potomac, which caused me to write to General J. E. Johnston at Manassas, +Virginia, on September 5, 1861, as follows: + + "You have again been deceived as to the forces here. We never + have had anything near to twenty thousand men, and have now but + little over one fourth of that number.... Since the date of your + glorious victory the enemy have grown weaker in numbers, and far + weaker in the character of their troops, so that I had felt it + remained with us to decide whether another battle should soon be + fought or not. Your remark indicates a different opinion.... I + wish I could send additional force to occupy Loudon, but my + means are short of the wants of each division I am laboring to + protect. One ship-load of small-arms would enable me to answer + all demands, but vainly have I hoped and waited." + +Then, there, and everywhere, our difficulty was the want of arms and +munitions of war. Lamentable cries came to us from the West for the +supplies which would enable patriotic citizens to defend their homes. +The resource upon which the people had so confidently relied, the +private arms in the hands of citizens, proved a sad delusion, and +elsewhere it has been shown how deficient we were in ammunition, or the +means of providing it. The simple fact was, the country had gone to war +without counting the cost. + +Undue elation over our victory at Manassas was followed by +dissatisfaction at what was termed the failure to reap the fruits of +victory; and rumors, for which there could be no better excuse than +partisan zeal, were circulated that the heroes of the hour were +prevented from reaping the fruits of the victory by the interference of +the President. Naturally there followed another rumor, that the inaction +of the victorious army, to which reenforcements continued to be sent, +was due to the policy of the President; and he also was held +responsible, and with more apparent justice, for the failure to organize +the troops of the several States, as the law contemplated, into brigades +and divisions composed of the soldiers of each. + +Though these unjust criticisms weakened the power of the Government to +meet its present and provide for its future necessities, I bore them in +silence, lest to vindicate myself should injure the public service by +turning the public censure to the generals on whom the hopes of the +country rested. That motive no longer exists; and, to justify the faith +of those who, without a defense continued to uphold my hands, I propose +to set forth the facts by correspondence and otherwise. So far as, in +doing this, blame shall be transferred from me to others, it will be the +incident, not the design, as it would be most gratifying to me only to +notice for praise each and all who wore the gray. + +The fiction of my having prevented the pursuit of the enemy after the +victory of Manassas was exploded after it had acquired an authoritative +and semi-official form in the manner and for the reasons heretofore set +forth. It only remains, therefore, to notice the other points indicated +above: + +First, the organization of the army. + +Disease and discontent are known to be the attendants of armies lying +unemployed in camps, especially, as in our case, when the troops were +composed of citizens called from their homes under the idea of a +pressing necessity, and with the hope of soon returning to them. + +Our citizen soldiers were a powerful political element, and their +correspondence, finding its way to the people through the press and to +the halls of Congress by direct communication with the members, was +felt, by its influence both upon public opinion and general legislation. +Members of Congress, and notably the Vice-President, contended that men +should be allowed to go home and attend to their private affairs while +there were no active operations, and that there was no doubt but that +they would return whenever there was to be a battle. The experience of +war soon taught our people the absurdity of such ideas, and before its +close probably none would have uttered them. + +There were very many men out of the army who were anxious to enter it, +but for whom we had not arms. This gave rise to the remark, more +humorous than profound, that we "stood around the camps with clubs to +keep one set in and an other set out." Had this been true, it was +certainly justifiable to refuse to exchange a trained man for a recruit. +All who have seen service know that one old soldier is, in campaign, +equal to several who have everything of military life to learn. + +A marked characteristic of the Southern people was individuality, and +time was needful to teach them that the terrible machine, a disciplined +army, must be made of men who had surrendered their freedom of will. The +most distinguished of our citizens were not the slowest to learn the +lesson, and perhaps no army ever more thoroughly knew it than did that +which Lee led into Pennsylvania, and none ever had a leader who in his +own conduct better illustrated the lesson. + +Our largest army in 1861 was that of the Potomac. It had been formed by +the junction of the forces under General J. E. Johnston with those under +General P. G. T. Beauregard, with such additions as could be hurriedly +sent forward to meet the enemy on the field of Manassas. They were +combined into brigades and divisions as pressing exigencies required. + +By the act of February 28, 1861, the President was authorized to receive +companies, battalions, and regiments to form a part of the provisional +army of the Confederate States, and, with the advice and consent of +Congress, to appoint general officers for them; and by the act of March +6th the President was to apportion the staff and general officers among +the respective States from which the volunteers were received. It will +thus be seen that the States generously surrendered their right to +preserve for those volunteers the character of State troops and to +appoint general officers when furnishing a sufficient number of +regiments to require such grade for their command; but, in giving their +volunteers to form the provisional army of the Confederacy, it was +distinctly suggested that the general officers should be so appointed as +to make a just apportionment among the States furnishing the troops. + +During the repose which followed the battle of Manassas, it was deemed +proper that the regiments of the different States should be assembled in +brigades together, and, as far as consistent with the public service, +that the spirit of the law should be complied with by the assignment of +brigadier-generals of the same State from which the troops were drawn. +Instructions to that end were therefore given, and again and again +repeated, but were for a long time only partially complied with, until +the delay formed the basis of the argument that those who had by +association become thoroughly acquainted would more advantageously be +left united. In the mean time, frequent complaints came to me from the +army, of unjust discrimination, the law being executed in regard to the +troops of some States but not of others, and of serious discontent +arising therefrom. + +The duty to obey the law was imperative, and neither the Executive nor +the officers of the army had any right to question its propriety. I, +however, considered the policy of that law wise, and was not surprised +when it was stated to me that the persistent obstruction to its +execution was repressing the spirit to volunteer in places to which +complaints of such supposed favoritism had been transmitted. + +About the 1st of October, at the request of General Johnston, I went to +his headquarters, at Fairfax Court-House, for the purpose of conference. + +At the time of this visit to the army, the attention of the general +officers, who then met me in conference, was called to the obligation +created by law to organize the troops, when the numbers tendered by any +State permitted it, into brigades and divisions composed of the +regiments, battalions, or companies of such State, and to assign general +and staff officers in the ratio of the troops thus received. After my +return to the capital, the importance of the subject weighed so heavily +upon me as to lead to correspondence with the generals, which will be +best understood by the following extracts from my letters to them--which +are here appended: + + "Major-General G. W. Smith, _Army of Potomac_. + + "... How have you progressed in the solution of the problem I + left--the organization of the troops with reference to the + States, and term of service? If the volunteers continue their + complaints that they are commanded by strangers and do not get + justice, and that they are kept in camp to die when reported for + hospital by the surgeon, we shall soon feel a reaction in the + matter of volunteering. Already I have been much pressed on both + subjects, and have answered by promising that the generals would + give due attention, and, I hoped, make satisfactory changes. The + authority to organize regiments into brigades and the latter + into divisions is by law conferred only on the President; and I + must be able to assume responsibility of the action taken by + whomsoever acts for me in that regard. By reference to the law, + you will see that, in surrendering the sole power to appoint + general officers, it was nevertheless designed, as far as should + be found consistent, to keep up the State relation of troops and + generals. Kentucky has a brigadier, but not a brigade; she has, + however, a regiment--that regiment and brigadier might be + associated together. Louisiana had regiments enough to form a + brigade, but no brigadier in either corps; all of the regiments + were sent to that corps commanded by a Louisiana general. + Georgia has regiments now organized into two brigades; she has + on duty with that army two brigadiers, but one of them serves + with other troops. Mississippi troops were scattered as if the + State were unknown. Brigadier-General Clark was sent to remove a + growing dissatisfaction, but, though the State had nine + regiments there, he (Clark) was put in command of a post and + depot of supplies. These nine regiments should form two + brigades. Brigadiers Clark and (as a native of Mississippi) + Whiting should be placed in command of them, and the regiments + for the war put in the army man's brigade. Both brigades should + be put in the division commanded by General Van Dorn, of + Mississippi. Thus would the spirit and intent of the law be + complied with, disagreeable complaint be spared me, and more of + content be assured under the trials to which you look forward. + It is needless to specify further. I have been able in writing + to you to speak freely, and you have no past associations to + disturb the judgment to be passed upon the views presented. I + have made and am making inquiries as to the practicability of + getting a corps of negroes for laborers to aid in the + construction of an intrenched line in rear of your present + position. + + "Your remarks on the want of efficient staff-officers are + realized in all their force, and I hope, among the elements + which constitute a staff-officer for volunteers, you have duly + estimated the qualities of forbearance and urbanity. Many of the + privates are men of high social position, of scholarship and + fortune. Their pride furnishes the motive for good conduct, and, + if wounded, is turned from an instrument of good to one of great + power for evil...." + + + "Richmond, Virginia, _October 16, 1861_. + + "General Beauregard, _Manassas, Virginia_. + + "... I have thought often upon the questions of reorganization + which were submitted to you, and it has seemed to me that, + whether in view of disease, or the disappointment and suffering + of a winter cantonment on a line of defense, or of a battle to + be fought in and near your position, it was desirable to combine + the troops, by a new distribution, with as little delay as + practicable. They will be stimulated to extraordinary effort + when so organized, in that the fame of their State will be in + their keeping, and that each will feel that his immediate + commander will desire to exalt rather than diminish his + services. You pointed me to the fact that you had observed that + rule in the case of the Louisiana and Carolina troops, and you + will not fail to perceive that others find in the fact a reason + for the like disposal of them. In the hour of sickness, and the + tedium of waiting for spring, men from the same region will best + console and relieve each other. The maintenance of our cause + rests on the sentiments of the people. Letters from the camp, + complaining of inequality and harshness in the treatment of the + men, have already dulled the enthusiasm which filled our ranks + with men who by birth, fortune, education, and social position + were the equals of any officer in the land. The spirit of our + military law is manifested in the fact that the State + organization was limited to the regiment. The volunteers come in + sufficient numbers to have brigadiers, but have only colonels. + It was not then intended (is the necessary conclusion) that + those troops should be under the immediate command of officers + above the grade of colonel. The spirit of the law, then, + indicates that brigades should be larger than customary, the + general being charged with the care, the direction, the + preservation of the men, rather than the internal police." + + + "Richmond, Virginia, _October_ 20, 1861. + + "General Beauregard, _Manassas, Virginia_. + + "My Dear General:... Two rules have been applied in the + projected reorganization of the Army of the Potomac: + + "1. As far as practicable, to keep regiments from the same State + together; 2. To assign generals to command the troops of their + own State. I have not overlooked the objections to each, but the + advantages are believed to outweigh the disadvantages of that + arrangement. In distributing the regiments of the several States + it would, I think, be better to place the regiments for the war + in the same brigade of the State, and assign to those brigades + the brigadiers whose services could least easily be dispensed + with. For this, among other reasons, I will mention but one: the + commission of a brigadier expires upon the breaking up of his + brigade (see the law for their appointment). Of course, I would + not for slight cause change the relations of troops and + commanders, especially where it has been long continued and + endeared by the trials of battle; but it is to be noted that the + regiment was fixed as the unit of organization, and made the + connecting link between the soldier and his home. Above that, + all was subject to the discretion of the Confederate + authorities, save the pregnant intimation in relation to the + distribution of generals among the several States. It was + generous and confiding to surrender entirely to the Confederacy + the appointment of generals, and it is the more incumbent on me + to carry out as well as may be the spirit of the volunteer + system." + + + "Richmond, _May 10, 1862_. + + "General J. E. Johnston. + + "... Your attention has been heretofore called to the law in + relation to the organization of brigades and divisions--orders + were long since given to bring the practice and the law into + conformity. Recently reports have been asked for from the + commanders of separate armies as to the composition of their + respective brigades and divisions. I have been much harassed, + and the public interest has certainly suffered, by the delay to + place the regiments of some of the States in brigades together, + it being deemed that unjust discrimination was made against + them, and also by the popular error which has existed as to the + number of brigadiers to which appointments could be specially + urged on the grounds of residence. While some have expressed + surprise at my patience when orders to you were not observed, I + have at least hoped that you would recognize the desire to aid + and sustain you, and that it would produce the corresponding + action on your part. The reasons formerly offered have one after + another disappeared, and I hope you will, as you can, proceed to + organize your troops as heretofore instructed, and that the + returns will relieve us of the uncertainty now felt as to the + number and relations of the troops, and the commands of the + officers having brigades and divisions.... I will not dwell on + the lost opportunity afforded along the line of northern + Virginia, but must call your attention to the present condition + of affairs and probable action of the enemy, if not driven from + his purpose to advance on the Fredericksburg route.... + + "Very truly yours, + + "Jefferson Davis." + +On the 26th of May General Johnston's attention was again called to the +organization of the ten Mississippi regiments into two brigades, and was +reminded that the proposition had been made to him in the previous +autumn, with an expression of my confidence that the regiments would be +more effective in battle if thus associated. + +I will now proceed to notice the allegation that I was responsible for +inaction by the Army of the Potomac, in the latter part of 1861 and in +the early part of 1862. After the explosion of the fallacy that I had +prevented the pursuit of the enemy from Manassas in July, 1861, my +assailants have sought to cover their exposure by a change of time and +place, locating their story at Fairfax Court-House, and dating it in the +autumn of 1861. + +When at that time and place I met General Johnston for conference, he +called in the two generals next in rank to himself, Beauregard and G. W. +Smith. The question for consideration was, What course should be adopted +for the future action of the army? and the preliminary inquiry by me was +as to the number of the troops there assembled. To my surprise and +disappointment, the effective strength was stated to be but little +greater than when it fought the battle of the 21st of the preceding +July. The frequent reenforcements which had been sent to that army in +nowise prepared me for such an announcement. To my inquiry as to what +force would be required for the contemplated advance into Maryland, the +lowest estimate made by any of them was about twice the number there +present for duty. How little I was prepared for such a condition of +things will be realized from the fact that previous suggestions by the +generals in regard to a purpose to advance into Maryland had induced me, +when I went to that conference, to take with me some drawings made by +the veteran soldier and engineer, Colonel Crozet, of the falls of the +Potomac, to show the feasibility of crossing the river at that point. +Very little knowledge of the condition and military resources of the +country must have sufficed to show that I had no power to make such an +addition to that army without a total disregard of the safety of other +threatened positions. It only remained for me to answer that I had not +power to furnish such a number of troops; and, unless the militia +bearing their private arms should be relied on, we could not possibly +fulfill such a requisition until after the receipt of the small-arms +which we had early and constantly striven to procure from abroad, and +had for some time expected. + +After I had written the foregoing, and all the succeeding chapters on +kindred subjects, a friend, in October, 1880, furnished me with a copy +of a paper relating to the conference at Fairfax Court-House, which +seems to require notice at my hands. + +Therefore I break the chain of events to insert here some remarks in +regard to it. + +The paper appears to have been written by General G. W. Smith, and to +have received the approval of Generals Beauregard and J. E. Johnston, +and to bear date the 31st of January, 1862. + +It does not agree in some respects with my memory of what occurred, and +is not consistent with itself. It was not necessary that I should learn +in that interview the evil of inactivity. My correspondence of anterior +date might have shown that I was fully aware of it, and my suggestions +in the interview certainly did not look as if it was necessary to +impress me with the advantage of action. + +In one part of the paper it is stated that the reenforcements asked for +were to be "seasoned soldiers," such as were there present, and who were +said to be in the "finest fighting condition." This, if such a +proposition had been made, would have exposed its absurdity, as well as +the loophole it offered for escape, by subsequently asserting that the +troops furnished were not up to the proposed standard. + +In another part of the paper it is stated that there were hope and +expectation that, before the end of the winter, arms would be introduced +into the country, and that then we could successfully invade that of the +enemy; but this supply of arms, however abundant, could not furnish +"seasoned soldiers," and the two propositions are therefore +inconsistent. In one place it is written that "it was felt it might be +better to run the risk of almost certain destruction fighting upon the +other side of the Potomac, rather than see the gradual dying out and +deterioration of this army during a winter," etc.; but, when it was +proposed to cross into eastern Maryland on a steamer in our possession +for a partial campaign, difficulties arose like the lion in the path of +the sluggard, so that the proposition was postponed and never executed. +In like manner the other expedition in the Valley of Virginia was +achieved by an officer not of this council, General T. J. Jackson. + +In one place it is written that the President stated, "At that time no +reenforcements could be furnished to the army of the character asked +for." In another place he is made to say he could not take any troops +from the points named, and, "without arms from abroad, could not +reenforce that army." Here, again, it is clear from the answer that the +proposition had been for such reenforcement as additional arms would +enable him to give. Those arms he expected to receive, barring the +dangers of the sea, and of the enemy, which obstacles alone prevented +the "positive assurance that they would be received at all." + +It was, as stated, with deep regret and bitter disappointment that I +found, notwithstanding our diligent efforts to reenforce this army +before and after the battle of Manassas, that its strength had but +little increased, and that the arms of absentees and discharged men were +represented by only twenty-five hundred on hand. I can not suppose that +General Johnston could have noticed the statement that his request for +conference had set forth the object of it to be to discuss the question +of reenforcement. He would have known that in Richmond, where all the +returns were to be found, any consideration of reenforcement, by the +withdrawal of troops from existing garrisons, could best be decided. +Very little experience or a fair amount of modesty without any +experience would serve to prevent one from announcing his conclusion +that troops could be withdrawn from a place or places without knowing +how many were there, and what was the necessity for their presence. + +I was at the conference by request; the confidence felt in those +officers is shown by the fact that I met them alone, and did not require +any minutes to be made of the meeting. About four months afterward a +paper was prepared to make a record of the conversation; the fact was +concealed from me, whereas, both for accuracy and frankness, it should +have been submitted to me, even if there had been nothing due to our +official relations. Twenty years after the event, I learned of this +secret report, by one party, without notice having been given to the +other, of a conversation said to have lasted two hours. + +I have noticed the improbabilities and inconsistencies of the paper, +and, without remark, I submit to honorable men the concealment from me +in which it was prepared, whereby they may judge of the chances for such +co-intelligence as needs must exist between the Executive and the +commanders of armies to insure attainable success. + +The position at Fairfax Court-House, though it would answer very well as +a point from which to advance, was quite unfavorable for defense; and +when I so remarked, the opinion seemed to be that to which the generals +had previously arrived. It, therefore, only remained to consider what +change of position should be made in the event of the enemy threatening +soon to advance. But in the mean time I hoped that something could be +done by detachments from the army to effect objects less difficult than +an advance against his main force, and particularly indicated the lower +part of Maryland, where a small force was said to be ravaging the +country and oppressing our friends. This, I thought, might be feasible +by the establishment of a battery near to Acquia Creek, where the +channel of the Potomac was said to be so narrow that our guns could +prevent the use of the river by the enemy's boats, and, by employing a +steamboat lying there, troops enough could be sent over some night to +defeat that force, and return before any large body could be +concentrated against them. The effect of the battery and of the +expedition, it was hoped, would be important in relieving our friends +and securing recruits from those who wished to join us. Previously, +General Johnston's attention had been called to possibilities in the +Valley of the Shenandoah, and that these and other like things were not +done, was surely due to other causes than "the policy of the +Administration," as will appear by the letters hereto annexed: + + "Richmond, Virginia, _August_ 1, 1861. + + "General J. E. Johnston: + + "... General Lee has gone to western Virginia, and I hope may be + able to strike a decisive blow in that quarter, or, failing in + that, will be able to organize and post our troops so as to + check the enemy, after which he will return to this place. + + "The movement of Banks will require your attention. It may be a + _ruse_, but, if a real movement, when your army has the + requisite strength and mobility, you will probably find an + opportunity, by a rapid movement through the passes, to strike + him in rear or flank, and thus add another to your many claims + to your country's gratitude.... We must be prompt to avail + ourselves of the weakness resulting from the exchange of the new + and less reliable forces of the enemy, for those heretofore in + service, as well as of the moral effect produced by their late + defeat.... + + "I am, as ever, your friend, + + "Jefferson Davis." + +From the correspondence which occurred after the conference at Fairfax +Court-House, I select a reply made to General Smith, who had written to +me in advocacy of the views he had then expressed about large +reenforcements to the Army of the Potomac, for an advance into Maryland. +Nothing is more common than that a general, realizing the wants of the +army with which he is serving, and the ends that might be achieved if +those wants were supplied, should overlook the necessities of others, +and accept rumors of large forces which do not exist, and assume the +absence of danger elsewhere than in his own front. + + "Richmond, Virginia, _October_ 10, 1861. + + "Major-General G. W. Smith, _Army of the Potomac_. + + "... Your remarks about the moral effect of repressing the hope + of the volunteers for an advance are in accordance with the + painful impression made on me when, in our council, it was + revealed to me that the Army of the Potomac had been reduced to + about one half the legalized strength, and that the arms to + restore the numbers were not in depot. As I there suggested, + though you may not be able to advance into Maryland and expel + the enemy, it may be possible to keep up the spirits of your + troops by expeditions such as that particularly spoken of + against Sickles's brigade on the lower Potomac, or Banks's + above. By destroying the canal and making other rapid movements + wherever opportunity presents, to beat detachments or to destroy + lines of communication.... + + "Very truly, your friend, + + "Jefferson Davis". + + + "Richmond, Virginia, _November_ 18, 1861. + + "General J. E. Johnston. + + "... If a large force should be landed on the Potomac below + General Holmes, with the view to turn or to attack him, the + value of the position between Dumfries and Fredericksburg will + be so great that I wish you to give to that line your personal + inspection. With a sufficient force, the enemy may be prevented + from leaving his boats, should he be able to cross the river. To + make our force available at either of the points which he may + select, it will be necessary to improve the roads connecting the + advance posts with the armies of the Potomac and of the Acquia, + as well as with each other, and to have the requisite teams to + move heavy guns with celerity.... + + "Very respectfully yours, + + "Jefferson Davis." + +In November, 1861, reports became current that the enemy were +concentrating troops west of the Valley of the Shenandoah with a view to +a descent upon it. That vigilant, enterprising, and patriotic soldier, +General T. J. Jackson, whose steadiness under fire at the first battle +of Manassas had procured for him the _sobriquet_ of "Stonewall," was +then on duty as district commander of the Shenandoah Valley. + +He was a West Virginian; and, though he had not acquired the fame which +subsequently shed such luster upon his name, he possessed a +well-deserved confidence among the people of that region. Ever watchful +and daring in the discharge of any duty, he was intensely anxious to +guard his beloved mountains of Virginia. This, stimulating his devotion +to the general welfare of the Confederacy, induced him to desire to +march against the enemy, who had captured Romney. On the 20th of +November, 1861, he wrote to the War Department, proposing an expedition +to Romney, in western Virginia. It was decided to adopt his proposition, +endorsed by the commander of the department, and, further to insure +success, though not recommended in the endorsement, his old brigade, +then in the Army of the Potomac, was selected as a part of the command +with which he was to make the campaign. General Johnston remonstrated +against this transfer, and the correspondence is subjoined for a fuller +understanding of the matter: + + "Headquarters, Valley District, _November_ 20, 1861. + + "Hon. J. P. Benjamin, _Secretary of War_. + + "Sir: I hope you will pardon me for requesting that, at once, + all the troops under General Loring be ordered to this point. + Deeply impressed with the importance of absolute secrecy + respecting military operations, I have made it a point to say + but little respecting my proposed movements in the event of + sufficient reenforcements arriving, but, since conversing with + Lieutenant-Colonel J. L. T. Preston upon his return from General + Loring, and ascertaining the disposition of the General's + forces, I venture to respectfully urge that, after concentrating + all his troops here, an attempt should be made to capture the + Federal forces at Romney. The attack on Romney would probably + induce McClellan to believe that the Army of the Potomac had + been so weakened as to justify him in making an advance on + Centreville; but, should this not induce him to advance, I do + not believe anything will during the present winter. Should the + Army of the Potomac be attacked, I would be at once prepared to + reenforce it with my present volunteer force, increased by + General Loring's. After repulsing the enemy at Manassas, let the + troops that marched on Romney return to the Valley and move + rapidly westward to the waters of the Monongahela and Little + Kanawha. Should General Kelley be defeated, and especially + should he be captured, I believe that, by a judicious + disposition of the militia, a few cavalry, and a small number of + field-pieces, no additional forces would be required for some + time in this district. I deem it of very great importance that + northwestern Virginia be occupied by Confederate troops this + winter. At present, it is to be presumed that the enemy are not + expecting an attack there, and the resources of that region + necessary for the subsistence of our troops are in greater + abundance than in almost any other season of the year. Postpone + the occupation of that section until spring, and we may expect + to find the enemy prepared for us, and the resources to which I + have referred greatly exhausted. I know that what I have + proposed will be an arduous undertaking, and can not be + accomplished without the sacrifice of much personal comfort, but + I feel that the troops will be prepared to make this sacrifice + when animated by the prospects of important results to our cause + and distinction to themselves. It may be urged, against this + plan, that the enemy will advance on Staunton or Huntersville. I + am well satisfied that such a step would but make their + destruction more certain. Again, it may be said that General + Floyd will be cut off. To avoid this, if necessary, the General + has only to fall back toward the Virginia and Tennessee + Railroad. When northwestern Virginia is occupied in force, the + Kanawha Valley, unless it be the lower part of it, must be + evacuated by the Federal forces, or otherwise their safety will + be endangered by forcing a column across from the Little Kanawha + between them and the Ohio River. Admitting that the season is + too far advanced, or that from other causes all can not be + accomplished that has been named, yet, through the blessing of + God, who has thus far so wonderfully prospered our cause, much + more may be expected from General Loring's troops, according to + this programme, than can be expected from them where they are. + If you decide to order them here, I trust that, for the purpose + of saving time, all the infantry, cavalry, and artillery will be + directed to move immediately upon the reception of the order. + The enemy, about five thousand strong, have been for some time + slightly fortifying at Romney, and have completed their + telegraph from that place to Green Spring Depot. Their forces at + and near Williamsport are estimated as high as five thousand, + but as yet I have no reliable information of their strength + beyond the Potomac. Your most obedient servant, + + "T. J. Jackson, _Major-General, P. A. C. S._" + + + "Headquarters, Centreville, _November_ 21, 1861. + + "Respectfully forwarded. I submit that the troops under General + Loring might render valuable services by taking the field with + General Jackson, instead of going into winter-quarters, as now + proposed. + + "J. E. Johnston, _General_." + + + "Headquarters, Centreville, _November_ 22, 1861. + + "General Cooper, _Adjutant and Inspector-General_. + + "Sir: I have received Major-General Jackson's plan of operations + in his district, for which he asks for reenforcements. It seems + to me that he proposes more than can well be accomplished in + that high, mountainous country at this season. If the means of + driving the enemy from Romney (preventing the reconstruction of + the Baltimore and Ohio Railroad, and incursions by marauders + into the counties of Jefferson, Berkeley, and Morgan) can be + supplied to General Jackson, and with them those objects, + accomplished, we shall have reason to be satisfied, so far as + the Valley district is concerned. The wants of other portions of + the frontier--Acquia district, for instance--make it + inexpedient, in my opinion, to transfer to the Valley district + so large a force as that asked for by Major-General Jackson. It + seems to me to be now of especial importance to strengthen + Major-General Holmes, near Acquia Creek. The force there is very + small, compared with the importance of the position. Your + obedient servant, + + "J. E. Johnston, _General_. + + "[Endorsement.] + + "Respectfully submitted to the Secretary of War: + + "S. Cooper, _Adjutant and Inspector-General_. + + "_November 25, 1861_." + + + "Richmond, Virginia, _November_ 10, 1861. + + "General J. E. Johnston, _Manassas, Virginia_. + + "Sir: The Secretary of War has this morning laid before me yours + of the 8th instant. I fully sympathize with your anxiety for the + Army of the Potomac. If indeed mine be less than yours, it can + only be so because the south, the west, and the east, presenting + like cause for solicitude, have in the same manner demanded my + care. Our correspondence must have assured you that I fully + concur in your view of the necessity for unity in command, and I + hope by a statement of the case to convince you that there has + been no purpose to divide your authority by transferring the + troops specified in order No. 206 from the center to the left of + your department. The active campaign in the Greenbrier region + was considered as closed for the season. There is reason to + believe that the enemy is moving a portion of his forces from + that mountain-region toward the Valley of Virginia, and that he + has sent troops and munitions from the east by the way of the + Potomac Canal toward the same point. The failure to destroy his + communications by the Baltimore and Ohio Railroad and by the + Potomac Canal has left him in possession of great advantages for + that operation. General Jackson, for reasons known to you, was + selected to command the division of the Valley, but we had only + the militia and one mounted regiment within the district + assigned to him. The recent activity of the enemy, the capture + of Romney, etc., required that he should have for prompt service + a body of Confederate troops to cooeperate with the militia of + that district. You suggest that such force should be drawn from + the army at the Greenbrier; this was originally considered, and + abandoned, because they could not reach him in time to + anticipate the enemy's concentration, and also because General + Jackson was a stranger to them, and time was wanting for the + growth of that confidence between the commander and his troops, + the value of which need not be urged upon you. We could have + sent to him from this place an equal number of regiments, being + about double the numerical strength of those specified in the + order referred to, but they were parts of a brigade now in the + Army of the Potomac, or were southern troops, and were ignorant + of the country in which they were to serve, and all of them + unknown to General Jackson. The troops sent were his old + brigade, had served in the Valley, and had acquired a reputation + which would give confidence to the people of that region upon + whom the General had to rely for his future success. Though the + troops sent to you are, as you say, 'raw,' they have many able + officers, and will, I doubt not, be found reliable in the hour + of danger. Their greater numbers will to you, I hope, more than + compensate for the experience of those transferred; while, in + the Valley, the latter, by the moral effect their presence will + produce, will more than compensate for the inferiority of their + numbers. I have labored to increase the Army of the Potomac, + and, so far from proposing a reduction of it, did not intend to + rest content with an exchange of equivalents. In addition to the + troops recently sent to you, I expected soon to send further + reenforcements by withdrawing a part of the army from the + Greenbrier Mountains. I have looked hopefully forward to the + time when our army could assume the offensive, and select the + time and place where battles were to be fought, so that ours + should be alternations of activity and repose, theirs the heavy + task of constant watching. When I last visited your + headquarters, my surprise was expressed at the little increase + of your effective force above that of the 21st of July last, + notwithstanding the heavy reenforcements which, in the mean + time, had been sent to you. Since that visit I have frequently + heard of the improved health of the troops, of the return of + many who had been absent sick; and some increase has been made + by reenforcements. You can, then, imagine my disappointment at + the information you give, that, on the day before the date of + your letter, the army at your position was yet no stronger than + on the 21st of July. I can only repeat what has been said to you + in our conference at Fairfax Court-House, that we are restricted + in our capacity to reenforce by the want of arms. Troops to bear + the few arms you have in store have been ordered forward. Your + view of the magnitude of the calamity of defeat of the Army of + the Potomac is entirely concurred in, and every advantage which + is attainable should be seized to increase the power of your + present force. I will do what I can to augment its numbers, but + you must remember that our wants greatly exceed our resources. + + "Banks's brigade, we learn, has left the position occupied when + I last saw you. Sickles is said to be yet in the lower Potomac, + and, when your means will enable you to reach him, I still hope + he may be crushed. + + "I will show this reply to the Secretary of War, and hope there + will be no misunderstanding between you in future. The success + of the army requires harmonious cooeperation. + + "Very respectfully, etc., + + "Jefferson Davis." + +After General Jackson commenced his march, the cold became unexpectedly +severe, and, as he ascended into the mountainous region, the slopes were +covered with ice, which impeded his progress, the more because his +horses were smooth-shod; but his tenacity of purpose, fidelity, and +daring, too well known to need commendation, triumphed over every +obstacle, and he attained his object, drove the enemy from Romney and +its surroundings, took possession of the place, and prevented the +threatened concentration. Having accomplished this purpose, and being +assured that the enemy had abandoned that section of country, he +returned with his old brigade to the Valley of the Shenandoah, leaving +the balance of his command at Romney. General Loring, the senior officer +there present, and many others of the command so left, appealed to the +War Department to be withdrawn. Their arguments were, as well as I +remember, these: that the troops, being from the South, were +unaccustomed to, and unprepared for, the rigors of a mountain winter; +that they were strangers to the people of that section; that the +position had no military strength, and, at the approach of spring, would +be accessible to the enemy by roads leading from various quarters. + +After some preliminary action, an order was issued from the War Office +directing the troops to retire to the Valley. As that order has been the +subject of no little complaint, both by civil and military +functionaries, my letter to the General commanding the department, in +explanation of the act of the Secretary of War, is hereto annexed: + + "Richmond, Virginia, _February_ 14, 1862. + + "General J. E. Johnston, _commanding Department of Northern + Virginia, Centreville, Virginia_. + + "General: I have received your letter of the 5th instant. While + I admit the propriety in all cases of transmitting orders + through you to those under your command, it is not surprising + that the Secretary of War should, in a case requiring prompt + action, have departed from this, the usual method, in view of + the fact that he had failed more than once in having his + instructions carried out when forwarded to you in the proper + manner. You will remember that you were directed, on account of + the painful reports received at the War Department in relation + to the command at Romney, to repair to that place, and, after + the needful examination, to give the orders proper in the case. + You sent your adjutant- (inspector?) general, and I am informed + that he went no farther than Winchester, to which point the + commander of the expedition had withdrawn; leaving the troops, + for whom anxiety had been excited, at Romney. Had you given your + personal attention to the case, you must be assured that the + confidence reposed in you would have prevented the Secretary + from taking any action before your report had been received. In + the absence of such security, he was further moved by what was + deemed reliable information, that a large force of the enemy was + concentrating to capture the troops at Romney, and by official + report that place had no natural strength and little strategic + importance. To insure concert of action in the defense of our + Potomac frontier, it was thought best to place all the forces + for this object under one command. The reasons which originally + induced the adding of the Valley district to your department + exist in full force at present, and I can not, therefore, agree + to its separation from your command. + + "I will visit the Army of the Potomac as soon as other + engagements will permit, although I can not realize your + complimentary assurance that great good to the army will result + from it; nor can I anticipate the precise time when it will be + practicable to leave my duties here. + + "Very respectfully and truly yours, + + "Jefferson Davis." + +To complaints by General Johnston that the discipline of his army was +interfered with by irregular action of the Secretary of War, and its +numerical strength diminished by furloughs granted directly by the War +Department, I replied, after making inquiry at the War Office, by a +letter, a copy of which is hereto annexed: + + "Richmond, Virginia, _March_ 4, 1862. + + "General J. E. Johnston, _Centreville, Virginia_. + + "Dear Sir: Yours of the 1st instant received prompt attention, + and I am led to the conclusion that some imposition has been + practiced upon you. The Secretary of War informs me that he has + not granted leaves of absence or furloughs to soldiers of your + command for a month past, and then only to divert the current + which threatened by legislation to destroy your army by a + wholesale system of furloughs. Those which you inform me are + daily received must be spurious. The authority to reenlist and + change from infantry to artillery, the Secretary informs me, has + been given but in four cases--three on the recommendation of + General Beauregard, and specially explained to you some time + since; the remaining case was that of a company from Wheeling, + which was regarded as an exceptional one. I wish, therefore, + that you would send to the Adjutant-General the cases of recent + date in which the discipline of your troops has been interfered + with in the two methods stated, so that an inquiry may be made + into the origin of the papers presented. The law in relation to + reenlistment provides for reorganization, and was under the + policy of electing the officers. + + "The concession to army opinions was limited to the promotion by + seniority after the organization of the companies and regiments + had been completed. The reorganization was not to occur before + the expiration of the present term. A subsequent law provides + for filling up the twelve months' companies by recruits for the + war, but the organization ceases with the term of the twelve + months' men. Be assured of readiness to protect your proper + authority, and I do but justice to the Secretary of War in + saying that he can not desire to interfere with the discipline + and organization of your troops. He has complained that his + orders are not executed, and I regret that he was able to + present to me so many instances to justify that complaint, which + were in no wise the invasion of your prerogative as a commander + in the field. + + "You can command my attention at all times to any matter + connected with your duties, and I hope that full co-intelligence + will secure full satisfaction. Very truly yours, + + "Jefferson Davis." + +A fortnight after this letter, I received from General Johnston notice +that his position was considered unsafe. Many of his letters to me have +been lost, and I have thus far not been able to find the one giving the +notice referred to, but the reply which is annexed clearly indicates the +substance of the letter which was answered. + + "Richmond, Virginia, _February_ 28, 1862. + + "General J. E. Johnston: ... Your opinion that your position may + be turned whenever the enemy chooses to advance, and that he + will be ready to take the field before yourself, clearly + indicates prompt effort to disencumber yourself of everything + which would interfere with your rapid movement when necessary, + and such thorough examination of the country in your rear as + would give you exact knowledge of its roads and general + topography, and enable you to select a line of greater natural + advantages than that now occupied by your forces. + + "The heavy guns at Manassas and Evansport, needed elsewhere, and + reported to be useless in their present position, would + necessarily be abandoned in any hasty retreat. I regret that you + find it impossible to move them. + + "The subsistence stores should, when removed, be placed in + positions to answer your future wants. Those can not be + determined until you have furnished definite information as to + your plans, especially the line to which you would remove in the + contingency of retiring. The Commissary-General had previously + stopped further shipments to your army, and given satisfactory + reasons for the establishment at Thoroughfare.[191] ... + + "I need not urge on your consideration the value to our country + of arms and munitions of war: you know the difficulty with which + we have obtained our small supply; that, to furnish heavy + artillery to the advanced posts, we have exhausted the supplies + here which were designed for the armament of the city defenses. + Whatever can be, should be done to avoid the loss of these + guns.... + + "As has been my custom, I have only sought to present general + purposes and views. I rely upon your special knowledge and high + ability to effect whatever is practicable in this our hour of + need. Recent disasters have depressed the weak, and are + depriving us of the aid of the wavering. Traitors show the + tendencies heretofore concealed, and the selfish grow clamorous + for local and personal interests. At such an hour, the wisdom of + the trained and the steadiness of the brave possess a double + value. The military paradox that impossibilities must be + rendered possible, had never better occasion for its + application. + + "The engineers for whom you asked have been ordered to report to + you, and further additions will be made to your list of + brigadier-generals. Let me hear from you often and fully. + + "Very truly and respectfully yours, + + "Jefferson Davis." + + + "Richmond, Virginia, _March_ 6, 1862. + + "General J. E. Johnston:... Notwithstanding the threatening + position of the enemy, I infer from your account of the roads + and streams that his active operations must be for some time + delayed, and thus I am permitted to hope that you will be able + to mobilize your army by the removal of your heavy ordnance and + such stores as are not required for active operations, so that, + whenever you are required to move, it may be without public loss + and without impediment to celerity. I was fully impressed with + the difficulties which you presented when discussing the subject + of a change of position. To preserve the efficiency of your + army, you will, of course, avoid all needless exposure; and, + when your army has been relieved of all useless encumbrance, you + can have no occasion to move it while the roads and the weather + are such as would involve serious suffering, because the same + reasons must restrain the operations of the enemy.... + + "Very respectfully yours, + + "Jefferson Davis." + +At the conference at Fairfax Court-House, heretofore referred to, I was +sadly disappointed to find that the strength of that army had been +little increased, notwithstanding the reenforcements sent to it since +the 21st of July, and that to make an advance the generals required an +additional force, which it was utterly impracticable for me to supply. +Soon thereafter the army withdrew to Centreville, a better position for +defense but not for attack, and thereby suggestive of the abandonment of +an intention to advance. The subsequent correspondence with General +Johnston during the winter expressed an expectation that the enemy would +resume the offensive, and that the position then held was geographically +unfavorable. There was a general apprehension at Richmond that the +northern frontier of Virginia would be abandoned, and a corresponding +earnestness was exhibited to raise the requisite force to enable our +army to take the offensive. On the 10th of March I telegraphed to +General Johnston: "Further assurance given to me this day that you shall +be promptly and adequately reenforced, so as to enable you to maintain +your position, and resume first policy when the roads will permit." The +first policy was to carry the war beyond our own border. + +Five days thereafter, I received notice that our army was in retreat, +and replied as follows: + + "Richmond, Virginia, _March_ 15, 1862. + + "General J. E. Johnston, _Headquarters Army of the Potomac_. + + "General: I have received your letter of the 13th instant, + giving the first official account I have received of the + retrograde movement of your army. + + "Your letter would lead me to infer that others had been sent to + apprise me of your plans and movements. If so, they have not + reached me; and, before the receipt of yours of the 13th, I was + as much in the dark as to your purposes, condition, and + necessities as at the time of our conversation on the subject + about a month since. + + "It is true I have had many and alarming reports of great + destruction of ammunition, camp-equipage, and provisions, + indicating precipitate retreat; but, having heard of no cause + for such a sudden movement, I was at a loss to believe it. + + "I have not the requisite topographical knowledge for the + selection of your new position. I had intended that you should + determine that question; and for this purpose a corps of + engineers was furnished to make a careful examination of the + country to aid you in your decision. + + "The question of throwing troops into Richmond is contingent + upon reverses in the West and Southeast. The immediate necessity + for such a movement is not anticipated. + + "Very respectfully yours, + + "Jefferson Davis." + +On the same day I sent the following telegram: + + "Richmond, Virginia, _March_ 15, 1862. + + "General J. E. Johnston, _Culpepper Court-House, Virginia_. + + "Your letter of the 13th received this day, being the first + information of your retrograde movement. I have no report of + your reconnaissance, and can suggest nothing as to the position + you should take except it should be as far in advance as + consistent with your safety. + + "Jefferson Davis." + +To further inquiry from General Johnston as to where he should take +position, I replied that I would go to his headquarters in the field, +and found him on the south bank of the river, to which he had retired, +in a position possessing great natural advantages. An elevated bank +commanded the north side of the river, overlooking the bridge, and an +open field beyond it, across which the enemy must pass to reach the +bridge, which, if left standing, was an invitation to seek that +crossing. Upon inquiring whether the south bank of the river continued +to command the other side down to Fredericksburg, General Johnston +answered that he did not know; that he had not been at Fredericksburg +since he passed there in a stage on his way to West Point, when he was +first appointed a cadet. I then proposed that we should go to +Fredericksburg, to inform ourselves upon that point. On arriving at +Fredericksburg, a reconnaissance soon manifested that the hills on the +opposite side commanded the town and adjacent river-bank, and therefore +Fredericksburg could only be defended by an army occupying the opposite +hills, for which our force was inadequate. In returning to the house of +Mr. Barton, where I was a guest, I found a number of ladies had +assembled there to welcome me, and who, with anxiety, inquired as to the +result of our reconnaissance. Upon learning that the town was not +considered defensible against an enemy occupying the heights on the +other side, and that our force was not sufficient to hold those heights +against such an attack as might be anticipated, the general answer was, +with a self-sacrificing patriotism too much admired to be forgotten, "If +the good of our cause requires the defense of the town to be abandoned, +let it be done." The purposes of the enemy were then unknown to us. If +General Johnston's expectation of a hostile advance in great force +should be realized, our course must depend partly upon receiving the +reenforcement we had reason to expect from promises previously given and +renewed, as was announced to General Johnston in my telegram of 10th of +March, 1862, in these words: + + "Further assurance given to me this day that you shall be + promptly and adequately reenforced, so as to enable you to + maintain your position, and resume first policy when the roads + will permit." + +No immediate decision could therefore be made, and I returned to +Richmond, to wait the further development of the enemy's plans, and to +prepare as best we might to counteract them. + +The feeling heretofore noticed as arousing in Virginia a determination +to resist the abandonment of her northern frontier, and which caused the +assurance of reenforcements, bore fruit in the addition of about thirty +thousand men, by a draft made by the Governor of the State. These, it is +true, were not the disciplined, seasoned troops which were asked for by +the generals in the conference at Fairfax Court-House, but they were of +such men as often during the war won battles for the Confederacy. The +development of the enemy's plans, for which we had to wait, proved that, +instead of advancing in force against our position at Centreville, he +had, before the retreat of our army commenced, decided to move down the +Potomac for a campaign against Richmond, from the Peninsula as a base. +The conflagration at Centreville gave notice of its evacuation, and an +advance was made as far as Manassas, but, as appears by General +McClellan's report, with no more important design than to attack our +rear guard, if it should be encountered. In the report on the conduct of +the war by a committee of the United States Congress, evidence is found +of much vacillation before the conclusion was finally reached of +abandoning the idea of a direct advance upon Richmond for that of +concentrating their army at the mouth of the Chesapeake. Whatever doubt +or apprehension continued to exist about uncovering the city of +Washington by removing their main army from before it, was of course +dispelled by the retreat of our army, and the burning of bridges behind +it. In this last-mentioned fact, General McClellan says he found the +strongest reason to believe that there was no immediate danger of our +army returning. + +There was an apparent advantage to the enemy in the new base for his +operations which was sufficiently illustrated by the events of the last +year of the war. Had we possessed an army as large as the enemy +supposed, it would have been possible for us at the same time to check +his advance from the East and to march against his capital, with fair +prospect of capturing it, before the army he had sent against Yorktown +could have been brought back for the defense of Washington. On this as +on other occasions he greatly magnified the force we possessed, and on +this as on other occasions it required the concentration of our troops +successfully to resist a detachment of his. Accepting as a necessity +the withdrawal of the main portion of our army from northern Virginia to +meet the invasion from the seaboard, it was regretted that earlier and +more effective means were not employed for the mobilization of the army, +a desirable measure in either contingency of advance or retreat, or at +the least that the withdrawal was not so deliberate as to secure the +removal of our ordnance, subsistence, and quartermasters' stores, which +had been collected on the line occupied in 1861 and the early part of +1862. + +A distinguished officer of our army, who has since the war made valuable +contributions to the history of its operations--especially valuable as +well for their accuracy as for their freedom from personal or partisan +bias--writes thus of the retreat from Centreville: + + "A very large amount of stores and provisions had been abandoned + for want of transportation, and among the stores was a very + large quantity of clothing, blankets etc., which had been + provided by the States south of Virginia for their own troops. + The pile of trunks along the railroad was appalling to behold. + All these stores, clothing, trunks, etc., were consigned to the + flames by a portion of our cavalry left to carry out the work of + their destruction. The loss of stores at this point and at White + Plains on the Manassas Gap Railroad, where a large amount of + meat had been salted and stored, was a very serious one to us, + and embarrassed us for the remainder of the war, as it put us at + once on a running stock." + +The same officer--and the value of his opinion will be recognized by all +who know him, wherefore I give his name, General J. A. Early--in a +communication subsequent to that from which I have just quoted, writes, +in regard to the loss of supplies: + + "I believe that all might have been carried off from Manassas if + the railroads had been energetically operated. The rolling-stock + of the Orange and Alexandria, Manassas Gap, and Virginia Central + Railroads ought to have been sufficient for the purpose of + removing everything in the two weeks allowed, if properly used." + +The enemy's plans, the development of which, as has been already stated, +was necessary for the determination of our own movements, were soon +thereafter found to be the invasion of Virginia from the seaboard, and +the principal portion of our army was consequently ordered to the +Peninsula, between the York River and the James. Thus the northern +frontier of Virginia, which, in the first year of the war, had been the +main field of skirmishes, combats, and battles, of advance and retreat, +and the occupation and evacuation of fortified positions, ceased for a +time to tremble beneath the tread of contending armies. + +To the foregoing narration of events immediately connected with the +efforts of the Confederate Government to maintain its existence at home, +may here be properly added an incident bearing on its foreign relations +in the first year of the war. + +Our efforts for the recognition of the Confederate States by the +European powers, in 1861, served to make us better known abroad, to +awaken a kindly feeling in our favor, and cause a respectful regard for +the effort we were making to maintain the independence of the States +which Great Britain had recognized, and her people knew to be our +birthright. + +On the 8th of November, 1861, an outrage was perpetrated by an armed +vessel of the United States, in the forcible detention, on the +high-seas, of a British mail steamer, making one of her regular trips +from one British port to another, and the seizure, on that unarmed +vessel, of our Commissioners, Mason and Slidell, who with their +secretaries were bound for Europe on diplomatic service. The seizure was +made by an armed force against the protest of the Captain of the vessel, +and of Commander Williams, R.N., the latter speaking as the +representative of her Majesty's Government. The Commissioners only +yielded when force, which they could not resist, was used to remove them +from the mail-steamer, and convey them to the United States vessel of +war. + +This outrage was the more marked because the United States had been +foremost in resisting the right of "visit and search," and had made it +the cause of the War of 1812 with Great Britain. + +When intelligence of the event was received in England, it excited the +greatest indignation among the people; and her Majesty's Government, by +naval and other preparations, unmistakably exhibited the purpose to +redress the wrong. + +The Commissioners and their secretaries had been transported to the +harbor of Boston, and imprisoned in its main fortress. + +Diplomatic correspondence resulted from this event. The British +Government demanded the immediate and unconditional release of the +Commissioners, "in order that they may again be placed under British +protection, and a suitable apology for the aggression which has been +committed." + +In the mean time, Captain Wilkes, commander of the vessel which had made +the visit and search of the Trent, returned to the United States and was +received with general plaudit, both by the people and the Government. +The House of Representatives passed a vote of thanks, an honor not +heretofore bestowed except for some deed deserving well of the country. +In the midst of all this exultation at the seizure of our Commissioners +on board of a British merchant-ship, came the indignant and stern demand +for the restoration of those Commissioners to the British protection +from which they had been taken, and an apology for the aggression. It +was little to be expected, after such explicit commendation of the act, +that the United States Government would accede to the demand; and +therefore the War and Navy Departments of the British Government made +active and extensive provision to enforce it. The haughty temper +displayed toward four gentlemen arrested on an unarmed ship subsided in +view of a demand to be enforced by the army and navy of Great Britain, +and the United States Secretary of State, after a wordy and ingenious +reply to the Minister of Great Britain at Washington City, wrote: "The +four persons in question are now held in military custody at Fort +Warren, in the State of Massachusetts. They will be cheerfully +liberated. Your lordship will please indicate a time and place for +receiving them." + +There was a time when the Government and the people of the United States +would not have sanctioned such aggression on the right of friendly ships +to pass unquestioned on the high way of nations, and the right of a +neutral flag to protect everything not contraband of war; but that was a +time when arrogance and duplicity had not led them into false positions, +and when the roar of the British lion could not make Americans retract +what they had deliberately avowed. + + +[Footnote 191: Thoroughfare Gap was the point at which the +Commissary-General had placed a meat-packing establishment] + + + + +CHAPTER XII. + + Supply of Arms at the Beginning of the War; of Powder; of + Batteries; of other Articles.--Contents of Arsenals.--Other + Stores, Mills, etc.--First Efforts to obtain Powder, Niter, and + Sulphur.--Construction of Mills commenced.--Efforts to supply + Arms, Machinery, Field-Artillery, Ammunition, Equipment, and + Saltpeter.--Results in 1862.--Government Powder-Mills; how + organized.--Success.--Efforts to obtain Lead.-- + Smelting-Works.--Troops, how armed.--Winter of 1862.-- + Supplies.--Niter and Mining Bureau.--Equipment of First + Armies.--Receipts by Blockade-Runners.--Arsenal at + Richmond.--Armories at Richmond and Fayetteville.--A Central + Laboratory built at Macon.--Statement of General Gorgas.-- + Northern Charge against General Floyd answered.--Charge of + Slowness against the President answered.--Quantities of Arms + purchased that could not be shipped in 1861.--Letter of Mr. + Huse. + + +At the beginning of the war the arms within the limits of the +Confederacy were distributed as follows: + + Rifles. Muskets. +At Richmond (State) about 4,000 +Fayetteville, North Carolina " 2,000 25,000 +Charleston, South Carolina " 2,000 20,000 +Augusta, Georgia " 3,000 28,000 +Mount Vernon, Alabama " 2,000 20,000 +Baton Rouge, Louisiana " 2,000 27,000 + --------- ---------- + Total 15,000 120,000 + +There were at Richmond about sixty thousand old flint-muskets, and at +Baton Rouge about ten thousand old Hall's rifles and carbines. At Little +Rock, Arkansas, there were a few thousand stands, and a few at the Texas +Arsenal, increasing the aggregate of serviceable arms to about one +hundred and forty-three thousand. Add to these the arms owned by the +several States and by military organizations, and it would make a total +of one hundred and fifty thousand for the use of the armies of the +Confederacy. The rifles were of the caliber .54, known as Mississippi +rifles, except those at Richmond taken from Harper's Ferry, which were +of the new-model caliber .58; the muskets were the old flint lock, +caliber .69, altered to percussion. There were a few boxes of sabers at +each arsenal, and some short artillery-swords. A few hundred +holster-pistols were scattered about. There were no revolvers. + +There was before the war little powder or ammunition of any kind stored +in the Southern States, and this was a relic of the war with Mexico. It +is doubtful if there were a million of rounds of small-arms cartridges. +The chief store of powder was that captured at Norfolk; there was, +besides, a small quantity at each of the Southern arsenals, in all sixty +thousand pounds, chiefly old cannon-powder. The percussion-caps did not +exceed one quarter of a million, and there was no lead on hand. There +were no batteries of serviceable field-artillery at the arsenals, but a +few old iron guns mounted on Gribeauval carriages fabricated about 1812. +The States and the volunteer companies did, however, possess some +serviceable batteries. But there were neither harness, saddles, bridles, +blankets, nor other artillery or cavalry equipments. + +To furnish one hundred and fifty thousand men, on both sides of the +Mississippi, in May, 1861, there were no infantry accoutrements, no +cavalry arms or equipments, no artillery and, above all, no ammunition; +nothing save arms, and these almost wholly the old pattern smooth-bore +muskets, altered to percussion from flint locks. + +Within the limits of the Confederate States the arsenals had been used +only as depots, and no one of them, except that at Fayetteville, North +Carolina, had a single machine above the grade of a foot-lathe. Except +at Harper's Ferry Armory, all the work of preparation of material had +been carried on at the North; not an arm, not a gun, not a gun-carriage, +and, except during the Mexican War, scarcely a round of ammunition, had +for fifty years been prepared in the Confederate States. There were +consequently no workmen, or very few, skilled in these arts. Powder, +save perhaps for blasting, had not been made at the South. No saltpeter +was in store at any Southern point; it was stored wholly at the North. +There were no worked mines of lead except in Virginia, and the situation +of those made them a precarious dependence. The only cannon-foundry +existing was at Richmond. Copper, so necessary for field-artillery and +for percussion-caps, was just being obtained in East Tennessee. There +was no rolling-mill for bar-iron south of Richmond, and but few +blast-furnaces and these, with trifling exceptions, were in the border +States of Virginia and Tennessee. + +The first efforts made to obtain powder were by orders sent to the +North, which had been early done both by the Confederate Government and +by some of the States. These were being rapidly filled when the attack +was made on Fort Sumter. The shipments then ceased. Niter was +contemporaneously sought for in north Alabama and Tennessee. Between +four and five hundred tons of sulphur were obtained in New Orleans, at +which place it had been imported for use in the manufacture of sugar. +Preparations for the construction of a large powder-mill were promptly +commenced by the Government, and two small, private mills in East +Tennessee were supervised and improved. On June 1, 1861, there was +probably two hundred and fifty thousand pounds only, chiefly of +cannon-powder, and about as much niter, which had been imported by +Georgia. There were the two powder-mills above mentioned, but we had no +experience in making powder, or in extracting niter from natural +deposits, or in obtaining it by artificial beds. + +For the supply of arms an agent was sent to Europe, who made contracts +to the extent of nearly half a million dollars. Some small-arms had been +obtained from the North, and also important machinery. The machinery at +Harper's Ferry Armory had been saved from the flames by the heroic +conduct of the operatives, headed by Mr. Armistead M. Ball, the master +armorer. Of the machinery so saved, that for making rifle-muskets was +transported to Richmond, and that for rifles with sword-bayonets to +Fayetteville, North Carolina. In addition to the injuries suffered by +the machinery, the lack of skilled workmen caused much embarrassment. In +the mean time the manufacture of small-arms was undertaken at New +Orleans and prosecuted with energy, though with limited success. + +In field-artillery the manufacture was confined almost entirely to the +Tredegar Works in Richmond. Some castings were made in New Orleans, and +attention was turned to the manufacture of field and siege artillery at +Nashville. A small foundry at Rome, Georgia, was induced to undertake +the casting of the three-inch iron rifle, but the progress was very +slow. The State of Virginia possessed a number of old four-pounder iron +guns which were reamed out to get a good bore, and rifled with three +grooves, after the manner of Parrott. The army at Harper's Ferry and +that at Manassas were supplied with old batteries of six-pounder guns +and twelve-pounder howitzers. A few Parrott guns, purchased by the State +of Virginia, were with General Magruder at Big Bethel. + +For the ammunition and equipment required for the infantry and +artillery, a good laboratory and workshop had been established at +Richmond. The arsenals were making preparations for furnishing +ammunition and knapsacks; but generally, what little was done in this +regard was for local purposes. Such was the general condition of +ordnance and ordnance stores in May, 1861. + +The progress of development, however, was steady. A refinery of +saltpeter was established near Nashville during the summer, which +received the niter from its vicinity, and from the caves in East and +Middle Tennessee. Some inferior powder was made at two small mills in +South Carolina. North Carolina established a mill near Raleigh; and a +stamping-mill was put up near New Orleans, and powder made there before +the fall of the city. Small quantities were also received through the +blockade. It was estimated that on January 1, 1862, there were fifteen +hundred seacoast-guns of various caliber in position from Evansport, on +the Potomac, to Fort Brown, on the Rio Grande. If their caliber was +averaged at thirty-two pounder, and the charge at five pounds, it would, +at forty rounds per gun, require six hundred thousand pounds of powder +for them. The field-artillery--say three hundred guns, with two hundred +rounds to the piece--would require one hundred and twenty-five thousand +pounds; and the small-arm cartridges--say ten million--would consume one +hundred and twenty-five thousand pounds more, making in all eight +hundred and fifty thousand pounds. Deducting two hundred and fifty +thousand pounds, supposed to be on hand in various shapes, and the +increment is six hundred thousand pounds for the year 1861. Of this, +perhaps two hundred thousand pounds had been made at the Tennessee and +other mills, leaving four hundred thousand pounds to be supplied through +the blockade, or before the beginning of hostilities. + +The liability of powder to deteriorate in damp atmospheres results from +the impurity of the niter used in its manufacture, and this it is not +possible to detect by any of the usual tests. Security, therefore, in +the purchase, depends on the reliability of the maker. To us, who had to +rely on foreign products and the open market, this was equivalent to no +security at all. It was, therefore, as well for this reason as because +of the precariousness of thus obtaining the requisite supply, necessary +that we should establish a Government powder-mill. It was our good +fortune to have a valuable man whose military education and scientific +knowledge had been supplemented by practical experience in a large +manufactory of machinery. He, General G. W. Rains, was at the time +resident in the State of New York; but, when his native State, North +Carolina, seceded from the Union and joined the Confederacy, true to the +highest instincts of patriotism, he returned to the land of his birth, +and only asked where he could be most useful. The expectations which his +reputation justified, caused him to be assigned to the task of making a +great powder-mill, which should alike furnish an adequate supply, and +give assurance of its possessing all the requisite qualities. This +problem, which, under the existing circumstances, seemed barely +possible, was fully solved. Not only was powder made of every variety of +grain and exact uniformity in each, but the niter was so absolutely +purified that there was no danger of its deterioration in service. Had +Admiral Semmes been supplied with such powder, it is demonstrated, by +the facts which have since been established, that the engagement between +the Alabama and the Kearsarge would have resulted in a victory for the +former. + +These Government powder-mills were located at Augusta, Georgia, and +satisfactory progress was made in the construction during the year. All +the machinery, including the very heavy rollers, was made in the +Confederate States. Contracts were made abroad for the delivery of niter +through the blockade; and, for obtaining it immediately, we resorted to +caves, tobacco-houses, cellars, etc. The amount delivered from Tennessee +was the largest item in the year's supply, but the whole was quite +inadequate to existing and prospective needs. + +The consumption of lead was mainly met by the Virginia lead-mines at +Wytheville, the yield from which was from sixty to eighty thousand +pounds per month. Lead was also collected by agents in considerable +quantities throughout the country, and the battle-field of Manassas was +closely gleaned, from which much lead was collected. A laboratory for +the smelting of other ores was constructed at Petersburg, Virginia, and +was in operation before midsummer of 1862. + +By the close of 1861, eight arsenals and four depots had been supplied +with materials and machinery, so as to be efficient in producing the +various munitions and equipments, the want of which had caused early +embarrassment. Thus a good deal had been done to produce the needed +material of war, and to refute the croakers who found in our poverty +application for the maxim, "_Ex nihilo nihil fit._" + +The troops were, however, still very poorly armed and equipped. The old +smooth-bore musket was the principal weapon of the infantry; the +artillery had mostly the six-pounder gun and the twelve-pounder +howitzer; and the cavalry were armed with such various weapons as they +could get--sabers, horse-pistols, revolvers, Sharp's carbines, +musketoons, short Enfield rifles, Holt's carbines, muskets cut off, etc. +Equipments were in many cases made of stout cotton domestic, stitched in +triple folds and covered with paint or rubber varnish. But, poor as were +the arms, enough of them, such as they were, could not be obtained to +arm the troops pressing forward to defend their homes and their +political rights. + +In December, 1861, arms purchased abroad began to come in, and a good +many Enfield rifles were in the hands of the troops at the battle of +Shiloh. The winter of 1862 was the period when our ordnance deficiencies +were most keenly felt. Powder was called for on every hand; and the +equipments most needed were those we were least able to supply. The +abandonment of the line of the Potomac and the upper Mississippi from +Columbus to Memphis did somewhat, however, the pressure for heavy +artillery; and, after the fall of 1862, when the powder-mills at Augusta +had got into full operation, there was no further inability to meet all +requisitions for ammunition. To provide the iron needed for cannon and +projectiles, it had been necessary to stimulate by contracts the mining +and smelting of its ores. + +But it was obviously beyond the power of even the great administrative +capacity of the chief of ordnance, General J. Gorgas, to whose monograph +I am indebted for these details, to add, to his already burdensome +labors, the numerous and increasing cares of obtaining the material from +which ammunition, arms, and equipments were to be manufactured. On his +recommendation a niter and mining bureau was organized, and Colonel St. +John, who had been hitherto assigned to duty in connection with +procuring supplies of niter and iron, was appointed to be chief of this +bureau. A large, difficult, and most important field of operations was +thus assigned to him, and well did he fulfill its requirements. To his +recent experience was added scientific knowledge, and to both, untiring, +systematic industry, and his heart's thorough devotion to the cause he +served. The tree is known by its fruit, and he may confidently point to +results as the evidence on which he is willing to stand for judgment. +Briefly, they will be noticed. + +Niter was to be obtained from caves and other like sources, and by the +formation of niter-beds, some of which had previously been begun at +Richmond. These beds were located at Columbia, South Carolina, +Charleston, Savannah, Augusta, Mobile, Selma, and various other points. +At the close of 1864 there were two million eight hundred thousand feet +of earth collected, and in various stages of nitrification, of which a +large proportion was presumed to yield one and a half pound of niter per +foot of earth. The whole country was laid off into districts, each of +which was under the charge of an officer, who obtained details of +workmen from the army, and made his monthly reports. Thus the niter +production, in the course of a year, was brought up to something like +half of the total consumption. The district from which the most constant +yield could be relied on had its chief office at Greensboro, North +Carolina, a region which had no niter-caves in it. The niter was +obtained from lixiviation of nitrous earth found under old houses, +barns, etc. The supervision of the production of iron, lead, copper, and +all the minerals which needed development, as well as the manufacture of +sulphuric and nitric acids (the latter required for the supply of the +fulminate of mercury for percussion-caps), without which the firearms of +our day would have been useless, was added to the niter bureau. Such was +the progress that, in a short time, the bureau was aiding or managing +some twenty to thirty furnaces with an annual yield of fifty thousand +tons or more of pig-iron. The lead- and copper-smelting works erected +were sufficient for all wants, and the smelting of zinc of good quality +had been achieved. The chemical works were placed at Charlotte, North +Carolina, to serve as a reserve when the supply from abroad might be cut +off. + +In equipping the armies first sent into the field, the supply of +accessories was embarrassingly scant. There were arms, such as they +were, for over one hundred thousand men, but no accoutrements nor +equipments, and a meager supply of ammunition. In time the knapsacks +were supplanted by haversacks, which the women could make. But soldiers' +shoes and cartridge-boxes must be had; leather was also needed for +artillery-harness and for cavalry-saddles; and, as the amount of leather +which the country could furnish was quite insufficient for all these +purposes, it was perforce apportioned among them. Soldiers' shoes were +the prime necessity. Therefore, a scale was established, by which first +shoes and then cartridge-boxes had the preference; after these, +artillery-harness, and then saddles and bridles. To economize leather, +the waist and cartridge-box belts were made of prepared cotton cloth +stitched in stitched in three or four thicknesses. Bridle-reins were +likewise so made, and then cartridge-boxes were thus covered, except the +flap. Saddle-skirts, too, were made of heavy cotton cloth strongly +stitched. To get leather, each department procured its quota of hides, +made contracts with the tanners, obtained hands for them by exemptions +from the army, got transportation over the railroads for the hides and +for supplies. To the varied functions of this bureau was finally added +that of assisting the tanners to procure the necessary supplies for the +tanneries. A fishery, even, was established on Cape Fear River to get +oil for mechanical purposes, and at the same time food for the workmen. +In cavalry equipments the main thing was to get a good saddle which +would not hurt the back of the horse. For this purpose various patterns +were tried, and reasonable success was obtained. One of the most +difficult wants to supply in this branch of the service was the +horseshoe for cavalry and artillery. The want of iron and of skilled +labor was strongly felt. Every wayside blacksmith-shop accessible, +especially those in and near the theatre of operations, was employed. +These, again, had to be supplied with material, and the employees +exempted from service. + +It early became manifest that great reliance must be placed on the +introduction of articles of prime necessity through the blockaded ports. +A vessel, capable of stowing six hundred and fifty bales of cotton, was +purchased by the agent in England, and kept running between Bermuda and +Wilmington. Some fifteen to eighteen successive trips were made before +she was captured. Another was added, which was equally successful. These +vessels were long, low, rather narrow, and built for speed. They were +mostly of pale sky-color, and, with their lights out and with fuel that +made little smoke, they ran to and from Wilmington with considerable +regularity. Several others were added, and devoted to bringing in +ordnance, and finally general supplies. Depots of stores were likewise +made at Nassau and Havana. Another organization was also necessary, that +the vessels coming in through the blockade might have their return +cargoes promptly on their arrival These resources were also supplemented +by contracts for supplies brought through Texas from Mexico. + +The arsenal in Richmond soon grew into very large dimensions, and +produced all the ordnance stores that the army required, except cannon +and small-arms, in quantities sufficient to supply the forces in the +field. The arsenal at Augusta was very serviceable to the armies serving +in the south and west, and turned out a good deal of field-artillery +complete. The Government powder-mills were entirely successful. The +arsenal and workshops at Charleston were enlarged, steam introduced, and +good work done in various departments. The arsenal at Mount Vernon, +Alabama, was moved to Selma, in that State, where it grew into a large +and well-ordered establishment of the first class. Mount Vernon Arsenal +was dismantled, and served to furnish lumber and timber for use +elsewhere. At Montgomery, shops were kept up for the repair of +small-arms and the manufacture of articles of leather. There were many +other small establishments and depots. + +The chief armories were at Richmond and Fayetteville, North Carolina. +The former turned out about fifteen hundred stands per month, and the +latter only four hundred per month, for want of operatives. To meet the +want of cavalry arms, a contract was made for the construction in +Richmond of a factory for Sharp's carbines; this being built, it was +then converted into a manufactory of rifle-carbines, caliber .58. +Smaller establishments grew up at Asheville, North Carolina, and at +Tallahassee, Alabama. A great part of the work of the armories consisted +in the repair of arms. In this manner the gleanings of the battle-fields +were utilized. Nearly ten thousand stands were saved from the field of +Manassas, and from those about Richmond in 1862 about twenty-five +thousand excellent arms. All the stock of inferior arms disappeared from +the armories during the first two years of the war, and were replaced by +a better class of arms, rifled and percussioned. Placing the good arms +lost previous to July, 1863, at one hundred thousand, there must have +been received from various sources four hundred thousand stands of +infantry arms in the first two years of the war. + +Among the obvious requirements of a well-regulated service was one +central laboratory of sufficient capacity to prepare all ammunition, and +thus to secure the vital advantage of absolute uniformity. Authority was +therefore granted to concentrate this species of work at Macon, Georgia. +Plans of the buildings and of the machinery required were submitted and +approved, and the work was begun with energy. The pile of buildings had +a facade of six hundred feet, was designed with taste, and comprehended +every possible appliance for good and well-organized work. The buildings +were nearly ready for occupation at the close of the war, and some of +the machinery had arrived at Bermuda. This project preceded that of a +general armory for the Confederacy, and was much nearer completion. +These, with the admirable powder-mills at Augusta, would have been +completed, and with them the Government would have been in a condition +to supply arms and ammunition to three hundred thousand men. To these +would have been added a foundry for heavy guns at Selma or Brierfield, +Alabama, where the strongest cast iron in the country had been made. + +Thus has been briefly sketched the development of the resources from +which our large armies were supplied with arms and ammunition, while our +country was invaded on land and water by armies much larger than our +own. It will be seen under what disadvantages our people successfully +prosecuted the (to them) new pursuits of mining and manufacturing. The +chief of ordnance was General J. Gorgas, a man remarkable for his +scientific attainment, for the highest administrative capacity and moral +purity, all crowned by zeal and fidelity to his trust, in which he +achieved results greatly disproportioned to the means at his command. He +closes his excellent monograph in the following words: + + "We began in April, 1861, without an arsenal, laboratory, or + powder-mill of any capacity, and with no foundry or + rolling-mill, except in Richmond, and, before the close of 1863, + or within a little over two years, we supplied them. During the + harassments of war, while holding our own in the field defiantly + and successfully against a powerful enemy; crippled by a + depreciated currency; throttled with a blockade that deprived us + of nearly all the means of getting material or workmen; obliged + to send almost every able-bodied man to the field; unable to use + the slave-labor, with which we were abundantly supplied, except + in the most unskilled departments of production; hampered by + want of transportation even of the commonest supplies of food; + with no stock on hand even of articles such as steel, copper, + leather, iron, which we must have to build up our + establishments--against all these obstacles, in spite of all + these deficiencies, we persevered at home, as determinedly as + did our troops in the field, against a more tangible opposition; + and in that short period created, almost literally out of the + ground, foundries and rolling-mills at Selma, Richmond, Atlanta, + and Macon; smelting-works at Petersburg, chemical works at + Charlotte, North Carolina; a powder-mill far superior to any in + the United States and unsurpassed by any across the ocean; and a + chain of arsenals, armories, and laboratories equal in their + capacity and their improved appointments to the best of those in + the United States, stretching link by link from Virginia to + Alabama." + +The same officer writes: + + "It was a charge often repeated at the North against General + Floyd, that, as Secretary of War, he had with traitorous intent + abused his office by sending arms to the South just before the + secession of the States. The transactions which gave rise to + this accusation were in the ordinary course of an economical + administration of the War Department. After it had been + determined to change the old flint-lock muskets which the United + States possessed to percussion, it was deemed cheaper to bring + all the flint-lock arms in store at Southern arsenals to the + Northern arsenals and armories for alteration, rather than to + send the necessary machinery and workmen to the South. + Consequently, the Southern arsenals were stripped of their + deposits, which were sent to Springfield, Watervliet, Pittsburg, + St. Louis, and other points. After the conversion had been + effected, the denuded Southern arsenals were again supplied with + about the same number, perhaps slightly augmented, that had + formerly been stored there. The quota deposited at the + Charleston Arsenal, where I was stationed in 1860, arrived there + full a year before the opening of the war." + +The charge was made early in the war that I was slow in procuring arms +and munitions of war from Europe. We were not only in advance of the +Government of the United States in the markets of Europe, but the facts +presented in the following extracts from a letter of our agent, Caleb +Huse, dated December 30, 1861, and addressed to Major C. C. Anderson, +will serve to place the matter in its proper light: + + "London, _December_ 30, 1861. + + "Dear Major: We are all waiting with almost breathless anxiety + for the arrival of the answer from the United States to the + unqualified demand of England for the captured commissioners. + Will Mr. Lincoln disregard the international writ of _habeas + corpus_ served by Great Britain? We shall soon know. If the + prisoners are given up, the affair will result in great + inconvenience to us in the way of shipping goods. + + "I have now more than enough to load three 'Bermudas,' and can + not ship a package, though I have a steamer off the wharf, all + ready to receive her cargo. We are literally fighting two + governments here. Government watchmen guard the wharf where our + goods are stowed and others in the neighborhood, night and + day--and the wharfinger has orders not to ship or deliver, by + land or water, any goods marked W. D., without first acquainting + the honorable Board of Customs. I have applied myself to ship to + Bermuda, offering to give bonds to double the amount of value of + the goods, that they should be held in Bermuda, subject to the + direction of her Majesty's representative in Bermuda. I ... has + applied for permission to ship to Cardenas, agreeing to hold the + goods subject to the order of the Spanish authorities--but all + without avail, and our army must suffer for the want of + blankets, overcoats, shoes, socks, field forges, arms, and + ammunition, which have been collected to an amount more than + double that I have yet received. + + "It is miserable to have to look at the immense pile of packages + in the warehouse at St. Andrews Wharf, and not be able to send + anything--only read the following: twenty-five thousand rifles; + two thousand barrels of powder; five hundred thousand caps; ten + thousand friction-tubes; five hundred thousand cartridges; + thirteen thousand accoutrements; thirteen thousand knapsacks; + thirteen thousand gun-slings; forty-four thousand three hundred + and twenty-eight pairs of socks; sixteen thousand four hundred + and eighty-four blankets; two hundred and twenty-six saddles; + saddlers' tools; artillery-harness; leather, etc. Very truly + yours, + + "Caleb Huse." + + + + +CHAPTER XIII. + + Extracts from my Inaugural.--Our Financial System: Receipts and + Expenditures of the First Year.--Resources, Loans, and + Taxes.--Loans authorized.--Notes and Bonds.--Funding + Notes.--Treasury Notes guaranteed by the States.--Measure to + reduce the Currency.--Operation of the General System.--Currency + fundable.--Taxation.--Popular Aversion.--Compulsory Reduction of + the Currency.--Tax Law.--Successful Result.--Financial Condition + of the Government at its Close.--Sources whence Revenue was + derived.--Total Public Debt.--System of Direct Taxes and + Revenue.--The Tariff.--War-Tax of Fifty Cents on a Hundred + Dollars.--Property subject to it.--Every Resource of the Country + to be reached.--Tax paid by the States mostly.--Obstacle to the + taking of the Census.--The Foreign Debt.--Terms of the + Contract.--Premium.--False charge against me of + Repudiation.--Facts stated. + + +In my inaugural address in 1862 I said: + + "The first year of our history has been the most eventful in the + annals of this continent. A new Government has been established, + and its machinery put in operation over an area exceeding seven + hundred thousand square miles. The great principles upon which + we have been willing to hazard everything that is dear to man, + have made conquests for us which could never have been achieved + by the sword. Our Confederacy has grown from six to thirteen + States; and Maryland, already united to us by hallowed memories + and material interests, will, I believe, when enabled to speak + with unstifled voice, connect her destiny with the South. Our + people have rallied with unexampled unanimity to the support of + the great principles of constitutional government, with firm + resolve to perpetuate by arms the rights which they could not + peacefully secure. A million of men, it is estimated, are now + standing in hostile array and waging war along a frontier of + thousands of miles. Battles have been fought, sieges have been + conducted, and, although the contest is not ended, and the tide + for the moment is against us, the final result in our favor is + not doubtful.... Fellow-citizens, after the struggles of ages + had consecrated the right of the Englishman to constitutional + representative government, our colonial ancestors were forced to + vindicate that birthright by an appeal to arms. Success crowned + their efforts, and they provided for their posterity a peaceful + remedy against future aggression. + + "The tyranny of an unbridled majority, the most odious and the + least responsible form of despotism, has denied us both the + right and the remedy. Therefore, we are in arms to renew such + sacrifices as our forefathers made to the holy cause of + constitutional liberty." + +The financial system which had been adopted from necessity proved +adequate at this early period to supply all the wants of the Government +and of the people. An unexpected and very large increase of expenditures +had resulted from the great enlargement of the necessary means of +defense. Yet the Government entered on its second year without a +floating debt and with its credit unimpaired. The total expenditures of +the first year, ending February 1, 1862, amounted to one hundred and +seventy million dollars. A statement of the Secretary of the Treasury, +comprising the period from the organization of the Government to August +1, 1862, presents the following results: + +Expenditures: War Department $298,376,549 41 + Navy " 14,605,777 86 +Civil and miscellaneous 15,766,503 43 + --------------- + Total $328,748,830 70 +Outstanding requisitions 18,524,128 15 + --------------- + Total expenditures 347,272,958 85 + Total receipts 302,482,096 60 + --------------- +Deficient Treasury notes authorized 16,755,165 00 + " " " to be provided 28,035,697 25 + --------------- + $44,790,862 25 + +The receipts were derived as follows: + +Customs $1,437,399 96 +War-tax 10,539,910 70 +Miscellaneous 1,974,769 33 $13,952,079 99 +Loans, bonds, February, 1861 15,000,000 00 +Bonds, August, 1861 22,613,346 61 +Call certificates, December, 1861 37,515,200 00 +Treasury notes, April, 1861 22,799,900 00 +Demand notes, August, 1861 187,130,670 00 +One and two dollar notes 846,900 00 +Due banks 2,645,000 00 $288,551,016 61 + --------------- + Total receipts $302,503,096 60 + +Such was the result presented by the Treasury of a Government that had +been in existence only eighteen months. It commenced that existence +without a treasury, and, without the sinews and the munitions of war, +was in less than two months invaded on every side by an implacable foe. +Its ways and means consisted in loans and taxes, and to these it +resorted. On February 28th I was authorized by Congress to borrow, at +any time within twelve months, fifteen million dollars, or less, as +might be needed. It was to be applied to the payment of appropriations +for the support of the Government, and for the public defense. +Certificates of stock or bonds, payable in ten years at eight per cent. +interest, were issued. For the payment of the interest and principal of +this loan a tax or duty of one eighth of one per cent. per pound was +laid on all cotton exported. On March 9th an issue of one million +dollars in Treasury notes of fifty dollars and upward was authorized, +payable in one year from date, at 3.65 per cent. interest, and +receivable for all public debts except the export duty on cotton. A +reissue was authorized for a year. On May 16th a loan of fifty million +dollars in bonds, payable after twenty years at eight per cent. +interest, was authorized. The bonds were "to be sold for specie, +military stores, or for the proceeds of sales of raw produce or +manufactured articles, to be paid in the form of specie or with foreign +bills of exchange." The bonds could not be issued in fractional parts of +a hundred dollars, or be exchanged for Treasury notes or the notes of +any bank, corporation, or individual. In lieu of any amount of these +bonds, not exceeding twenty million dollars, an equal amount of Treasury +notes, without interest, in denominations of five dollars and upward, +was authorized to be issued. These notes were payable in two years in +specie, and were receivable for all debts or taxes except the export +duty on cotton. They were also convertible into bonds payable in ten +years at eight per cent. interest. On August 19th another issue of +Treasury notes, amounting with those then issued to one hundred million +dollars, was authorized. They were of the denominations of five dollars +and upward. They were receivable for the war-tax and all other public +dues except the export duty on cotton. These notes were convertible into +twenty-year bonds, bearing eight per cent. interest, of which the issue +was limited to one hundred million dollars. Thirty millions were to be a +substitute for the same amount, authorized by the act of May 16, 1861. +These bonds could be exchanged for specie, military and naval stores, or +for the proceeds of raw produce and manufactured articles. On December +19th ten million dollars in Treasury notes were issued to pay the +advance of the banks. On December 24th an additional issue of fifty +millions of Treasury notes like those of the act of August 19th was +authorized. An additional issue of thirty millions of bonds was also +authorized. On April 12, 1862, an issue of Treasury notes, certificates +of stock and bonds, as the public necessities might require, to the +amount of two hundred and fifteen millions, was authorized. Of these, +fifty millions in Treasury notes were issued without reserve, ten +millions in Treasury notes retained as a reserve fund to pay any sudden +or unexpected call for deposits, and one hundred and sixty-five millions +certificates of stock or bonds. Bonds to the amount of fifty million +dollars, payable in ten years at six per cent. interest, were authorized +and made exchangeable for any of the above Treasury notes. All these +notes and bonds were subject to the same conditions as those of the acts +of August 19 and December 24, 1861. On April 17th five millions of +Treasury notes were authorized to be issued in denominations of one and +two dollars, which were receivable for all public dues except the cotton +duty. An amount of Treasury notes bearing interest at two cents per day +on each hundred dollars, as a substitute for as much of the one hundred +and sixty-five millions of bonds authorized, was also authorized to be +issued. On September 19, 1862, three million five hundred thousand +dollars in bonds was authorized to be issued to meet a contract for six +iron-clad vessels of war. On September 23, 1862, the amount of Treasury +notes under the denomination of five dollars was increased from five +million to ten million dollars, and a further issue of bonds or +certificates of stock, to the amount of fifty million dollars, was +authorized. + +On March 23, 1863, an effort was made to remove from circulation some of +the issues of Treasury notes by funding them. For this purpose it was +provided that all Treasury notes, not bearing interest, issued prior to +December, 1862, should be fundable in eight per cent. bonds or stock +during the ensuing thirty days, and during the succeeding three months +in seven per cent. bonds or stock, after which they ceased to be +fundable. All Treasury notes not bearing interest, and issued after +December 1, 1862, until ten days after the passage of the act, were made +fundable in seven per cent. bonds or stock during the ensuing four +months, and afterward only in four per cent. thirty years bonds. Call +certificates were made fundable in thirty years bonds at eight per +cent., and all outstanding on the ensuing July 1st were deemed bonds at +six per cent., payable in thirty years. A monthly issue of Treasury +notes, without interest, to the amount of fifty million dollars, was +also authorized. These were made fundable during the first year of their +issue in six per cent. thirty years bonds, and after the expiration of +the year in four per cent. thirty years bonds. The further issue of call +certificates was suspended; but Treasury notes fundable in the six per +cent. bonds might be converted, at the pleasure of the holder, into such +certificates at five per cent. interest, which were reconvertible into +like notes within six months, or afterward exchanged for thirty years +six per cent. bonds. Treasury notes fundable in four per cent. bonds +were convertible in like manner at four per cent. All disposable means +in the Treasury were to be applied to the purchase of Treasury notes, +bearing no interest, until the amount in circulation did not exceed one +hundred and seventy-five millions. The issue of five million dollars, in +notes of two dollars, one dollar, and fifty cents, was also authorized. +It was further provided in this act that six per cent. bonds, as above +mentioned, might be sold to any of the States for Treasury notes, and, +being guaranteed by any of the States, they might be used to purchase +Treasury notes. The whole amount of such bonds could not exceed two +hundred million dollars. Treasury notes so purchased were not to be +reissued. The issue of six per cent. coupon bonds to the amount of one +hundred million dollars, which were to be applied only to the absorption +of Treasury notes, was also authorized. The coupons were payable either +in the currency in which interest on other bonds was paid, or in cotton +certificates pledging the Government to pay the same in cotton of New +Orleans middling quality, delivered at the rate of eight pence sterling +per pound. + +An important measure was adopted on February 17, 1864, the object of +which was to reduce the currency and to authorize a new issue of notes +and bonds. All Treasury notes above the denomination of five dollars, +and not bearing interest, were, if offered within a short period, made +fundable in registered twenty years bonds at four per cent. At the same +time a new issue of Treasury notes was authorized, and made receivable +for all public dues, except customs duties, at the rate of two dollars +for three of the old. The issue of other Treasury notes, after the 1st +of the ensuing April, was prohibited. + +To pay the expenses of the Government an issue of five hundred million +dollars in six per cent. bonds was authorized. For the payment of +interest the receipts of the export and import duties, payable in +specie, were pledged. + +A review of this statement of the legislation of Congress will clearly +present the financial system of the Government. The first action of the +Provisional Congress was confined to the adoption of a tariff law, and +an act for a loan of fifteen million dollars, with a pledge of a small +export duty on cotton, to provide for the redemption of the debt. At the +next session, after the commencement of the war, provision was made for +the issue of twenty million dollars in Treasury notes, and for borrowing +thirty million dollars in bonds. At the same time the tariff was +revised, and preparatory measures taken for the levy of internal taxes. +After the purpose of subjugation became manifest by the action of the +Congress of the United States, early in July, 1861, and the certainty of +a long war was demonstrated, there arose the necessity that a financial +system should be devised on a basis sufficiently large for the vast +proportions of the approaching contest. The plan then adopted was +founded on the theory of issuing Treasury notes, convertible at the +pleasure of the holder into eight per cent. bonds, with the interest +payable in coin. It was assumed that any tendency to depreciation, which +might arise from the over-issue of the currency, would be checked by the +constant exercise of the holder's right to fund the notes at a liberal +interest, payable in specie. The success of this system depended on the +ability of the Government constantly to pay the interest in specie. The +measures, therefore, adopted to secure that payment consisted in the +levy of an internal tax, termed a war tax, and the appropriation of the +revenue from imports. + +The first operation of this plan was quite successful. The interest was +paid from the reserve of coin existing in the country, and experience +sustained the expectations of those who devised the system. + +Wheat, in the beginning of the year 1862, was selling at one dollar and +thirty cents per bushel, thus but little exceeding its average price in +time of peace. The other agricultural products of the country were at +similarly moderate rates, thus indicating that there was no excess of +circulation. At the same time the premium on coin had reached about +twenty per cent. But it had become apparent that the commerce of our +country was threatened with permanent suspension by reason of the +conduct of neutral nations, who virtually gave aid to the United States +Government by sanctioning its declaration of a blockade. These neutral +nations treated our invasion by our former limited and special agent as +though it were the attempt of a sovereign to suppress a rebellion +against lawful authority. This exceptional cause heightened the premium +on specie, because it indicated the exhaustion of our reserve, without +the possibility of renewing the supply. + +At the inauguration of the permanent Government, in February, 1862, a +popular aversion to internal taxation had been so strongly manifested as +to indicate its partial failure. This will be further explained +presently in our statement of the system of taxation. + +Under all these circumstances the effort was made to avoid the increase +in the volume of notes in circulation, by offering inducements to +voluntary funding. The measures adopted for that purpose were but +partially successful. Meanwhile the intervening exigencies from the +fortunes of war permitted no delay. The issues of Treasury notes were +increased until, in December, 1863, the currency in circulation amounted +to more than six hundred million dollars, or more than threefold the +amount required by the business of the country. The evil effects of this +financial condition were but too apparent. In addition to the difficulty +presented to the necessary operations of the Government, and the +efficient conduct of the war, the most deplorable of all its results +was, undoubtedly, its corrupting influence on the morals of the people. +The possession of large amounts of Treasury notes led to a desire for +investment; and, with a constantly increasing volume of currency, there +was an equally constant increase of price in all objects of investment. +This effect stimulated purchase by the apparent certainty of profit, and +a spirit of speculation was thus fostered, which had so debasing an +influence and such ruinous consequences that it became our highest duty +to remove the cause by prompt and stringent measures. + +I therefore recommended to Congress, in December, 1863, the compulsory +reduction of the currency to the amount required by the business of the +country, accompanied by a pledge that, under no stress of circumstances, +would the amount be increased. I stated that, if the currency was not +greatly and promptly reduced, the existing scale of inflated prices +would not only continue, but, by the very fact of the large amounts thus +made requisite in the conduct of the war, these prices would reach rates +still more extravagant, and the whole system would fall under its own +weight, rendering the redemption of the debt impossible, and destroying +its value in the hands of the holder. If, on the contrary, a funded +debt, with interest secured by adequate taxation, could be substituted +for the outstanding currency, its entire amount would be made available +to the holder, and the Government would be in a condition, beyond the +reach of any probable contingency, to prosecute the war to a successful +issue. + +This recommendation was followed by the passage of the act of February +17, 1864, above mentioned. One of its features is the tax levied on the +circulation. Regarding the Government when contracting a debt as the +agent of the people, its debt is their debt. As the currency was held +exclusively by ourselves, it was obvious that, if each person, held +Treasury notes in exact proportion to the valuation of his whole estate, +each would in fact owe himself the amount of the notes held by him; and, +were it possible to distribute the currency among the people in this +exact proportion, a tax levied on the currency alone, to an amount +sufficient to reduce it to its proper limits, would afford the best of +all remedies. Under such circumstances, the notes remaining in the hands +of each holder after the payment of his tax would be worth quite as much +as the whole sum previously held, for it would have an equal purchasing +capacity. + +After this law had been in operation for one year, it was manifest that +it had the desired effect of withdrawing from circulation the large +excess of Treasury notes which had been issued. On July 1, 1864, the +outstanding amount was estimated at two hundred and thirty million +dollars. The estimate of the amount funded under this act, about this +time, was three hundred million dollars, while new notes were authorized +to be issued to the extent of two thirds of the sum received under its +provisions. The chief difficulty apprehended in connection with our +finances, up to the close of the war, resulted from the depreciation of +our Treasury notes, which was to be attributed to the increasing +redundancy in amount and the diminishing confidence in their ultimate +redemption. + +The financial condition of the Government, near its close, is very +correctly represented in the report of the Treasury Department. The +total receipts of the Treasury for the two quarters ending on September +30, 1864, amounted to $415,191,550, which sum, added to the balance, +$308,282,722, that remained in the Treasury on April 1, 1864, formed a +total of $723,474,272. Of this total, not far from half, that is to say, +$342,560,327, were applied to the extinction of the public debt; while +the total expenditures were $272,378,505, leaving a balance in the +Treasury on October 1, 1864, of $108,435,440. The sources from which +this revenue was derived were as follows: + +Four per cent. registered bonds, + act of February 17, 1864 $13,363,500 +Six per cent. bonds, $500,000,000 loan, + act of February 17, 1864 14,481,050 +Four per cent. call certificates, + act of February 17, 1864 20,978,100 +Tax on old issue of certificates redeemed $14,440,566 +Repayments by disbursing officers 20,115,830 +Treasury notes, act of February 17, 1864 277,576,950 +War-tax 42,294,314 +Sequestrations 1,338,732 +Customs 50,004 +Export duty 4,320 +Coin seized by the Secretary of War 1,653,200 +Premium on loans 4,822,249 +Soldiers' tax 908,622 + +The total amount of the public debt on October 1, 1864, on the books of +the Register of the Treasury, was $1,147,970,208, of which $530,340,090 +were funded debt, bearing interest, and $283,880,150 were Treasury notes +of the new issue, and the remainder consisted of the former issue of +Treasury notes which were converted into other forms of debt, and ceased +to exist on December 31st. In consequence, however, of the absence of +certain returns from distant officers, the true amount of the debt was +less by $21,500,000 than appeared on the books of the Register; so that +the total public debt, on October 1st, might have been fairly considered +to have been $1,126,381,095. Of this amount, $541,340,090 consisted of +funded debt, and the balance unfunded debt, or Treasury notes. The +foreign debt is omitted in these statements. It amounted to L2,200,000, +and was provided for by about two hundred and fifty thousand bales of +cotton collected by the Government.[192] + +The aggregate appropriations called for by the different departments of +the Government for the six months ending on June 30, 1865, amounted to +$438,416,504. It was estimated that the remains of former appropriations +would, on January 1, 1865, amount to a balance of $467,416,504. No +additional appropriations were therefore required for the ensuing six +months. + +A system of measures by which to obtain a revenue from direct taxes and +duties was commenced at the first session of Congress under the +provisional Government. The officers who, at the time of the adoption of +the provisional Constitution, held any office connected with the +collection of the customs, duties, and imposts in the several States of +the Confederacy, or as assistant treasurers intrusted with the keeping +of moneys arising therefrom, were continued in office with the same +powers and subject to the same duties. The tariff laws of the United +States were continued in force until they might be altered. The free +list was enlarged so as to embrace many articles of necessity; +additional ports and places of entry were established; restrictive laws +were repealed, and foreign vessels were admitted to the coasting-trade. +A lighthouse bureau was organized; a lower rate of duties was imposed on +a number of enumerated articles, and an export duty of one eighth of one +cent per pound was imposed on all cotton exported in the raw state. At +the second session, in May, a complete tariff law was enacted, with a +lower scale of duties than had previously existed. On August 19, 1861, a +war-tax of fifty cents on each hundred dollars of certain classes of +property was levied for the special purpose of paying the principal and +interest of the public debt, and of supporting the Government. The +different classes of property on which the tax was levied were as +follows: real estate of all kinds; slaves; merchandise; bank-stocks; +railroad and other corporation stocks; money at interest, or invested by +individuals in the purchase of bills, notes, and other securities for +money, except the bonds of the Confederate States, and cash on hand, or +on deposit; cattle, horses, and mules; gold watches, gold and silver +plate, pianos, and pleasure-carriages. There were some exemptions, such +as the property of educational, charitable, and religious institutions, +and of a head of a family having property worth less than five hundred +dollars. An act was passed for the sequestration of the property of +alien enemies, as a retaliatory measure, to offset the confiscation act +of the United States. + +On April 24, 1863, a new act was passed relative to internal or direct +taxes. It was designed to reach, as far as practicable, every resource +of the country except the capital invested in real estate and slaves, +and, by means of an income-tax and a tax in kind on the produce of the +soil, as well as by licenses on business occupations and professions, to +command resources sufficient for the wants of the country. On February +17, 1864, an amendment to this last-mentioned act was passed. It levied +additional taxes on all business of individuals, of copartnerships and +corporations, also on trades, sales, liquor-dealers, hotel-keepers, +distillers, and a tax in kind on agriculturists. On June 10, 1864, an +act was passed which levied a tax equal to one fifth of the amount of +the existing tax upon all subjects of taxation for the year. + +Within six months after the passage of the war-tax of August 19, 1861, +the popular aversion to internal taxation by the General Government had +so influenced the legislation of the several States that only in South +Carolina, Mississippi, and Texas were the taxes actually collected from +the people. The quotas of the remaining States had been raised by the +issue of bonds and State Treasury notes. The public debt of the country +was thus actually increased instead of being diminished by the taxation +imposed by Congress. + +At the first and second sessions of Congress in 1862 no means were +provided by taxation for maintaining the Government. The legislation was +confined to authorizing further sales of bonds and issues of Treasury +notes. An obstacle had arisen against successful taxation. About two +thirds of the entire taxable property of the Confederate States +consisted in land and slaves. Under the provisional Constitution, which +ceased to be in force on February 22, 1862, the power of Congress to +levy taxes was not restricted by any other condition than that "all +duties, imposts, and excises should be uniform throughout the States of +the Confederacy." But in the permanent Constitution, which took effect +on the same day (February 22d), it was specially provided that +"representatives and direct taxes shall be apportioned among the several +States according to their respective numbers, which shall be determined +by adding to the whole number of free persons--including those bound to +service for a term of years, and excluding Indians not taxed--three +fifths of all slaves." According to the received construction of the +Constitution of the United States, which had been acquiesced in for +sixty years, taxes on lands and slaves were direct taxes. In repeating, +without modification, in our Constitution this language of the United +States Constitution, our Convention necessarily seems to have intended +to attach to it the meaning which had been sanctioned by long and +uninterrupted acquiescence--thus deciding that taxes on lands and slaves +were direct taxes. Our Constitution further ordered that a census should +be made within three years after the first meeting of Congress, and that +"no capitation or other direct tax shall be laid, unless in proportion +to the census or enumeration hereinbefore directed to be taken." + +So long as there seemed to be a probability of being able to carry out +these provisions of the Constitution fully, and in conformity with the +intentions of its authors, there was an obvious difficulty in framing +any system of taxation. A law which should exempt from the burden two +thirds of the property of the country would be as unfair to the owners +of the remaining third as it would be inadequate to meet the +requirements of the public service. The urgency of the need, however, +was such that, after great embarrassment, the law of April 24, 1863, +above mentioned, was framed. Still, a very large proportion of these +resources was unavailable for some time, and, the intervening exigencies +permitting of no delay, a resort to further issues of Treasury notes +became unavoidable. + +The foreign debt of the Confederate States at the close of the war was +twenty-two hundred thousand pounds. The earliest proposals on which this +debt was contracted were issued in London and Paris in March, 1863. The +bonds bore interest at seven per cent. per annum, in sterling, payable +half-yearly. They were exchangeable for cotton on application, at the +option of the holder, or redeemable at par in sterling, in twenty years, +by half-yearly drawings, commencing March 1, 1864. The special security +of these bonds was the engagement of the Government to deliver cotton to +the holders. Each bond, _at the option of the holder_, was convertible +at its nominal amount into cotton at the rate of sixpence sterling for +each pound of cotton--say four thousand pounds of cotton for each bond +of a hundred pounds, or twenty-five hundred francs; and this could be +done at any time not later than six months after the ratification of a +treaty of peace between the belligerents. Sixty days after the notice, +the cotton was to be delivered, if in a state of peace, at the ports of +Charleston, Savannah, Mobile, or New Orleans; if at war, at points in +the interior of the country, within ten miles of a railroad, or a stream +navigable to the ocean. The delivery was to be made free of all charges, +except the export duty of one eighth of one cent per pound. The quality +of the cotton was to be the standard of New Orleans middling. An annual +sinking fund of five per cent. was provided for, whereby two and a half +per cent. of the bonds unredeemed by cotton should be drawn by lot +half-yearly, so as finally to extinguish the loan in twenty years from +the first drawing. The bonds were issued at ninety per cent., payable in +installments. The loan soon stood in the London market at five per cent. +premium. The amount asked for was three million pounds. The amount of +applications in London and Paris exceeded fifteen million pounds. + +Great efforts had previously been made by agents of the United States +Government to reflect upon the credit of the Confederate States, by +resuscitating an almost forgotten accusation of repudiation against the +State of Mississippi, and especially by an emissary sent to Great +Britain, than whom no one knew better how false were the attempts to +implicate my name in that charge. The slanderous tongues of Northern +hatred even went so far as to style me "the father of repudiation." How +unjust all such assertions were, will be manifest by a simple statement +of the case.[193] + +We should not omit to refer once more to the most prolific source of +sectional strife and alienation, which is believed to have been the +question of the tariff, or duties upon imports. Its influence extended +to and affected subjects with which it was not visibly connected, and +finally assumed a form surely not contemplated in the original formation +of the Union. In the Articles of Confederation, the first Constitution +of the United States, the theory was that of direct taxation, and the +manner was to impose upon the States an amount which each was to furnish +to the common Treasury to defray expenses for the common defense and +general welfare. + +During the period of our colonial existence, the policy of the British +Government had been to suppress the growth of manufacturing industry. It +was forcibly expressed by Lord North in the declaration that "not a +hobnail should be made in the American colonies." The consequence was +that in the War of the Revolution our armies and people suffered so much +from the want of the most necessary supplies that General Washington, +after we had achieved our independence, expressed the opinion that the +Government should by bounties, encourage the manufacture of such +materials as were necessary in time of war. + +In the Convention which framed the Constitution for a "more perfect +Union," one of the greatest difficulties in agreeing upon its terms was +found in the different interests of the States, but, among the +compromises which were made, there prominently appears the purpose of a +strict equality in the burdens to be borne, as well as the blessings to +be enjoyed, by the people of the several States. For a long time after +the formation of the "more perfect Union," but little capital was +invested in manufacturing establishments; and, though in the early part +of the present century the amount had considerably increased, the +products were yet quite insufficient for the necessary supplies of our +armies in the War of 1812. Government contracts, high prices, and to +some extent, no doubt, patriotic impulses, led to the investment of +capital in the articles required for the prosecution of the war. With +the restoration of peace and the renewal of commerce, prices naturally +declined, and it was represented that the investments made in +manufacturing establishments were so unprofitable as to involve the ruin +of those who had made them. The Congress of the United States, in 1816, +from motives at least to be commended for their generosity, enacted a +law to protect from the threatened ruin those of their countrymen who +had employed their capital for purposes demanded by the general welfare +and common defense. These good intentions, if it be conceded that the +danger was real which it was designed to avert, were most unfortunate as +the beginning of a policy the end of which was fraught with the greatest +evils that have ever befallen the Union. By the Constitution of 1789 +power was conferred upon Congress-- + + "To lay and collect taxes, duties, imposts, and excises, to pay + the debts and provide for the common defense and general welfare + of the United States; but all duties, imposts, and excises shall + be uniform throughout the United States." + +In the exercise of this delegated trust, tariff laws were enacted, and +had been in operation to the satisfaction of all parts of the Union, +from the organization of the Government down to 1816; but throughout +that period all of those laws were based upon the principle of duties +for revenue. It was true, and of course it was known, that such duties +would give incidental protection to any industry producing an article on +which the duty was levied; but, while the money was collected for the +purposes enumerated, and the rate kept down to the lowest revenue +standard, the consumer had no cause to complain of the indirect benefit +received by the manufacturer, and the history of the time shows that it +produced no discontent. Not so with the tariff law of 1816: though +sustained by men from all sections of the Union, and notably by so +strict a constructionist as Mr. Calhoun, there were not wanting those +who saw in it a departure from the limitation of the Constitution, and +sternly opposed it as the usurpation of a power to legislate for the +benefit of a class. The law derived much of its support from the +assurance that it was only a temporary measure, and intended to shield +those whose patriotism had exposed them to danger, thus presenting the +not uncommon occurrence of a good case making a bad precedent. For the +first time a tariff law had protection for its object, and for the first +time it produced discontent. In the law there was nothing which +necessarily gave to it or in its terms violated the obligation that +duties should be uniform throughout the United States. The fact that it +affected the sections differently was due to physical causes--that is, +geographical differences. The streams of the Southern Atlantic States +ran over wide plains into the sea; their last falls were remote from +ocean navigation; and their people, almost exclusively agricultural, +resided principally on this plain, and as near to the seaboard as +circumstances would permit. In the Northern Atlantic States the +highlands approached more nearly to the sea, and the rivers made their +last leap near to harbors of commerce. Water-power being relied on +before the steam-engine had been made, and ships the medium of commerce +before railroads and locomotives were introduced, it followed that the +staples of the Southern plains were economically sent to the water-power +of the North to be manufactured. This remark, of course, applies to such +articles as were not exported to foreign countries, and is intended to +explain how the North became the seat of manufactures, and the South +remained agricultural. From this it followed that legislation for the +benefit of manufacturers became a Northern policy. It was not, as has +been erroneously stated, because of the agricultural character of the +Southern people, that they were opposed to the policy inaugurated by the +tariff act of 1816. This is shown by the fact that anterior to that time +they had been the friends of manufacturing industry, without reference +to its location. As long as duties were imposed for revenue, so that the +object was to supply the common Treasury, it had been cheerfully borne, +and the agriculture of one section and the manufacturing of another were +properly regarded as handmaids, and not unfrequently referred to as the +means of strengthening and perpetuating the bonds by which the States +were united. When duties were imposed, not for revenue, but as a bounty +to a particular industry, it was regarded both as unjust and without +warrant, expressed or implied, in the Constitution. + +Then arose the controversy, quadrennially renewed and with increasing +provocation, in 1820, in 1824, and in 1828--each stage intensifying the +discontent, arising more from the injustice than the weight of the +burden borne. It was not the twenty-shilling ship-money tax, but the +violation of Magna Charta, which Hampden and his associates resisted. It +was not the stamp duty nor the tea-tax, but the principle involved in +taxation without representation, against which our colonial fathers took +up arms. So the tariff act in 1828, known at the time as "the bill of +abominations," was resisted by Southern representatives, because it was +the invasion of private rights in violation of the compact by which the +States were united. In the last stage of the proceeding, after the +friends of the bill had advocated it as a measure for protecting capital +invested in manufactures, Mr. Drayton, of South Carolina, moved to amend +the title so that it should read, "An act to increase the duties upon +certain imports, for the purpose of increasing the profits of certain +manufacturers," and stated his purpose for desiring to amend the title +to be that, upon some case which would arise under the execution of the +law, an appeal might be made to the Supreme Court of the United States +to test its constitutionality. Those who had passed the bill refused to +allow the opportunity to test the validity of a tax imposed for the +protection of a particular industry. Though the debates showed clearly +enough the purpose to be to impose duties for protection, the +phraseology of the law presented it as enacted to raise revenue, and +therefore the victims of the discrimination were deprived of an appeal +to the tribunal instituted to hear and decide on the constitutionality +of a law. + +South Carolina, oppressed by onerous duties and stung by the injustice +of a refusal to allow her the ordinary remedy against unconstitutional +legislation, asserted the right, as a sovereign State, to nullify the +law. This conflict between the authority of the United States and one of +the States threatened for a time such disastrous consequences as to +excite intense feeling in all who loved the Union as the fraternal +federation of equal States. Before an actual collision of arms occurred, +Congress wisely adopted the compromise act of 1833. By that the fact of +protection remained, but the principle of duties for revenue was +recognized by a sliding scale of reduction, and it was hoped the +question had been placed upon a basis that promised a permanent peace. +The party of protective duties, however, came into power about the close +of the period when the compromise measure had reached the result it +proposed, and the contest was renewed with little faith on the part of +the then dominant party and with more than all of its former bitterness. +The cause of the departure from a sound principle of a tariff for +revenue, which had prevailed during the first quarter of a century, and +the adoption in 1816 of the rule imposing duties for protection, was +stated by Mr. McDuffie to be that politicians and capitalists had seized +upon the subject and used it for their own purposes--the former for +political advancement, the latter for their own pecuniary profit--and +that the question had become one of partisan politics and sectional +enrichment. Contemporaneously with this theory of protective duties, +arose the policy of making appropriations from the common Treasury for +local improvements. As the Southern representatives were mainly those +who denied the constitutional power to make such expenditures, it +naturally resulted that the mass of those appropriations were made for +Northern works. Now that direct taxes had in practice been so wholly +abandoned as to be almost an obsolete idea, and now that the Treasury +was supplied by the collection of duties upon imports, two golden +streams flowed steadily to enrich the Northern and manufacturing region +by the impoverishment of the Southern and agricultural section. In the +train of wealth and demand for labor followed immigration and the more +rapid increase of population in the Northern than in the Southern +States. I do not deny the existence of other causes, such as the fertile +region of the Northwest, the better harbors, the greater amount of +shipping of the Northeastern States, and the prejudice of Europeans +against contact with the negro race; but the causes I have first stated +were, I think, the chief, and those only which are referable to the +action of the General Government. It was not found that the possession +of power mitigated the injustice of its use by the North, and discontent +therefore was steadily accumulating, and, as stated in the beginning of +this chapter, I think was due to class legislation in the form of +protective duties and its consequences more than to any or all other +causes combined. Turning from the consideration of this question in its +sectional aspect, I now invite attention to its general effect upon the +character of our institutions. If the common Treasury of the States had, +as under the Confederation, been supplied by direct taxation, who can +doubt that a rigid economy would have been the rule of the Government; +that representatives would have returned to their tax-paying +constituents to justify appropriations for which they had voted by +showing that they were required for the general welfare, and were +authorized by the Constitution under which they were acting? When the +money was obtained by indirect taxation, so that but few could see the +source from which it was derived, it readily followed that a +constituency would ask, not why the representative had voted for the +expenditure of money, but how much he had got for his own district, and +perhaps he might have to explain why he did not get more. Is it doubtful +that this would lead to extravagance, if not to corruption? Nothing +could be more fatal to the independence of the people and the liberties +of the States than dependence for support upon the public Treasury, +whether it be in the form of subsidies, of bounties, or restrictions on +trade for the benefit of special interests. In the decline of the Roman +Empire, the epoch in which the hopelessness of renovation was made +manifest was that in which the people accepted corn from the public +granaries: it preceded but a little the time when the post of emperor +became a matter of purchase. How far would it differ from this if +constituencies should choose their representatives, not for their +integrity, not for their capacity, not for their past services, but +because of their ability to get money from the public Treasury for the +benefit of their local interests; and how far would it differ from a +purchase of the office if a President were chosen because of the favor +he would show to certain moneyed interests? + +Now that fanaticism can no longer inflame the prejudices of the +uninformed, it may be hoped that our statesmen will review the past, and +give to our country a future in accordance with its early history, and +promotive of true liberty. + + +[Footnote 192: These bales were the security for the foreign cotton +bonds, and were seized by the United States Government. Was it not +liable to the bondholders?] + +[Footnote 193: The facts with regard to the Mississippi "Union Bank" +bonds may be briefly stated as follows: + +The Constitution of Mississippi required that no law should ever be +passed "to raise a loan of money on the credit of the State, or to +pledge the faith of the State for the payment or redemption of any loan +or debt," unless such law should be proposed and adopted by the +Legislature, then published for three months previous to the next +regular election, and finally reenacted by the succeeding Legislature. +The object was to enable the people of the State to consider the +question intelligently, and to indicate and exercise their will upon it +by the election of representatives to the ensuing Legislature, whose +views upon the subject would be known, and with such instructions, +express or implied, as they might think proper to give. + +In 1837 a law was passed by the Legislature for incorporating the "Union +Bank of Mississippi," with a capital of fifteen million five hundred +thousand dollars, "to be raised by means of a loan to be obtained by the +directors of the institution." In order to secure this loan, the +stockholders were required to give mortgages on productive and +unencumbered property, to be in all cases of value greater, by a fixed +ratio, than the amount of their stock. When the stock had been thus +secured, as a further guarantee for the redemption of the loan, the +Governor was directed to issue bonds, in the name and behalf of the +State, equal in amount to the stock secured by mortgage on private +property. No bonds as thus directed were ever issued. + +This act was duly promulgated to the people, and duly reenacted by the +succeeding Legislature on the 5th of February, 1838, in strict +accordance with the Constitution. + +Ten days afterward, however, viz., on the 15th of February, the +Legislature passed an act _supplemental_ to the act chartering the Union +Bank, which materially changed or abolished the essential conditions for +the pledge of the credit of the State. By this supplemental act the +Governor was instructed, as soon as the books of subscription should be +opened, to "_subscribe for_, in behalf of the State, fifty thousand +_shares of the stock of the original capital of said bank_, to be paid +for out of the proceeds of the State bonds to be executed to the said +bank, as already provided for in the said charter." This act was passed +in the ordinary mode of legislation, and was not referred, published, +nor reenacted, as prescribed by the Constitution. As soon as the +directory was organized and the books of subscription were opened, and +before the mortgages required by the charter were executed, the +Governor, in behalf of the State, subscribed for fifty thousand shares +of the stock, and issued the bonds of the State for five million +dollars, payable to the order of the bank. + +These bonds were sold to Nicholas Biddle, President of the United States +Bank of Pennsylvania, and by him sent to Great Britain as collateral +security for a loan previously made. None of the money received for them +went into the Treasury of the State of Mississippi, nor was any of it +used for a public improvement. All the consideration ever received by +the State was its stock in the Union Bank. The bank soon failed, and the +stock became utterly worthless. + +Before the bonds became due, the Governor of the State had declared them +to be null and void, among other causes, in consequence of the failure +to sell them at par, as required by the "supplemental act," under which +they were issued. + +It is not necessary here to discuss the question of the validity or +nullity of the bonds. The object is merely to state the principal facts. + +While these events were occurring, and until a period several years +subsequent to their consummation, I, who had just resigned my commission +in the army, was a private citizen, had never held any civil office, and +took no part in political affairs. Indeed, I have never at any time +before, during, or since those events, held any civil office under the +State government, and neither had nor could have had any part in shaping +the policy of the State. When brought out as a candidate for office, my +nomination was opposed by that section of my party which advocated +"repudiation," on account of my opinions in favor of the payment of the +bonds. + +As a private citizen, it may be stated that I held that the question of +the validity of the bonds should be decided by the courts. The +Constitution of Mississippi authorized suit to be brought against the +State in such cases in her own courts, and this I regarded as the proper +course to be pursued by the bondholders, holding that the State would be +bound by the judicial decision, if it should sustain the validity of the +claim. This course, however, was not adopted until long afterward, when +the question had become complicated with political issues, which +rendered the effort to obtain a settlement entirely nugatory. + +When I was a member of the Senate of the United States, my official +influence was exerted to promote the objects of a citizen of +Mississippi, who, with quasi-credentials from the United States +Secretary of State, Mr. Buchanan, went to London to propose to the +bondholders an arrangement by which the claim, or the greater portion of +it, might be paid by private subscription, on consideration of the +cancellation of the bonds. This effort failed, from a mistaken estimate +on the part of some of the principal bondholders, to whom the +proposition was made, of the extent to which State pride would induce +our citizens to contribute, and to the belief in a power to coerce +payment. The gentleman who bore the proposal, indignant at the offensive +manner of its rejection, and conscious of the disinterestedness of his +motives, abandoned the negotiation in disgust, and the opportunity was +lost.] + + + + +CHAPTER XIV. + + Military Laws and Measures.--Agricultural Products + diminished.--Manufactures flourishing.--The Call for + Volunteers.--The Term of Three Years.--Improved Discipline.--The + Law assailed.--Important Constitutional Question raised.--Its + Discussion at Length.--Power of the Government over its own + Armies and the Militia.--Object of Confederations.--The + War-Powers granted.--Two Modes of raising Armies in the + Confederate States.--Is the Law necessary and proper?--Congress + is the Judge under the Grant of Specific Power.--What is meant + by Militia.--Whole Military Strength divided into Two + Classes.--Powers of Congress.--Objections answered.--Good + Effects of the Law.--The Limitations enlarged.--Results of the + Operations of these Laws.--Act for the Employment of + Slaves.--Message to Congress.--"Died of a Theory."--Act to use + Slaves as Soldiers passed.--Not Time to put it in Operation. + + +The agricultural products were diminished every year during the war. Its +demands diminished the number of cultivators, and their labors were more +extensively devoted to grain-crops. The amount of the cotton-crop was +greatly reduced, and numbers of bales were destroyed when in danger of +falling into the hands of the enemy. + +The manufacturing industry became more extensive than ever before, and +in many branches more highly developed. The results in the ordnance +department of the Government, stated elsewhere in these pages, serve as +an illustration of the achievements in many branches of industry. + +During the first year of the war the authority granted to the President +to call for volunteers in the army for a short period was sufficient to +secure all the military force which we could fit out and use +advantageously. As it became evident that the contest would be long and +severe, better measures of preparation were enacted. I was authorized to +call out and place in the military service for three years, unless the +war should sooner end, all white men residents of the Confederate States +between the ages of eighteen and thirty-five years, and to continue +those already in the field until three years from the date of their +enlistment. But those under eighteen years and over thirty-five were +required to remain ninety days. The existing organization of companies, +regiments, etc., was preserved, but the former were filled up to the +number of one hundred and twenty-five men. This was the first step +toward placing the army in a permanent and efficient condition. The term +of service being lengthened, the changes by discharges and by receiving +recruits were diminished, so that, while additions were made to the +forces already in the field, the discipline was greatly improved. At the +same time, on March 13, 1862, General Robert E. Lee was "charged with +the conduct of the military operations of the armies of the Confederacy" +under my direction. Nevertheless, the law upon which our success so +greatly depended was assailed with unexpected criticism in various +quarters. A constitutional question of high importance was raised, which +tended to involve the harmony of cooeperation, so essential in this +crisis, between the General and the State governments. It was advanced +principally by the Governor of Georgia, Hon. Joseph E. Brown, and the +following extracts are taken from my reply to him, dated + + Executive Department, Richmond, _May_ 29, 1862. + + "I propose, from my high respect for yourself and for other + eminent citizens who entertain opinions similar to yours, to set + forth somewhat at length my own views on the power of the + Confederate Government over its own armies and the militia, and + will endeavor not to leave without answer any of the positions + maintained in your letters. + + "The main, if not the only, purpose for which independent states + form unions, or confederations, is to combine the power of the + several members in such manner as to form one united force in + all relations with foreign powers, whether in peace or in war. + Each state, amply competent to administer and control its own + domestic government, yet too feeble successfully to resist + powerful nations, seeks safety by uniting with other states in + like condition, and by delegating to some common agent the use + of the combined strength of all, in order to secure advantageous + commercial relations in peace, and to carry on hostilities with + effect in war. + + "Now, the powers delegated by the several States to the + Confederate Government, which is their common agent, are + enumerated in the eighth section of the Constitution; each power + being distinct, specific, and enumerated in paragraphs + separately numbered. The only exception is the eighteenth + paragraph, which by its own terms is made dependent on those + previously enumerated, as follows: '18. To make all laws which + shall be necessary and proper for carrying into execution the + foregoing powers,' etc. + + "Now the _war-powers_ granted to the Congress are conferred in + the following paragraphs: No. 1 'gives authority to raise + revenue necessary to pay the debts, provide for _the common + defense_, and carry on the Government,' etc. No. 11, 'To declare + war, grant letters of marque and reprisal, and make rules + concerning captures on land and water.' No. 12, 'To raise and + support armies, but no appropriations of money to that use shall + be for a longer term than two years.' No. 13, 'To provide and + maintain a navy.' No. 14, 'To make rules for the government and + regulation of _the land and naval forces_.' + + "It is impossible to imagine a more broad, ample, and + unqualified delegation of the whole war power of each State than + is here contained, with the solitary limitation of the + appropriations to two years. The States not only gave power to + raise money for the common defense, to declare war, to raise and + support armies (in the plural), to provide and maintain a navy, + to govern and regulate both land and naval forces, but they went + further, and covenanted, by the third paragraph of the tenth + section, not 'to engage in war, unless actually invaded, or in + such imminent danger as will not admit of delay.' + + "I know of but two modes of raising armies within the + Confederate States, viz., voluntary enlistment and draft, or + conscription. I perceive, in the delegation of power to raise + armies, no restriction as to the mode of procuring troops. I see + nothing which confines Congress to one class of men, nor any + greater power to receive volunteers than conscripts into its + service. I see no limitation by which enlistments are to be + received of individuals only, but not of companies, or + battalions, or squadrons, or regiments. I find no limitation of + time of service, but only of duration of appropriation. I + discover nothing to confine Congress to waging war within the + limits of the Confederacy, nor to prohibit offensive war. In a + word, when Congress desires to raise an army, and passes a law + for that purpose, the solitary question is under the eighteenth + paragraph, viz., 'Is the law one that is necessary and proper to + execute the power to raise armies?' + + "On this point you say: `But did the necessity exist in this + case? The conscription act can not aid the Government in + increasing its supply of _arms_ or _provisions_, but can only + enable it to call a larger number of men into the field. The + difficulty has never been to get _men_. The States have already + furnished the Government more than it can arm,' etc. + + "I would have very little difficulty in establishing to your + entire satisfaction that the passage of the law was not only + necessary, but that it was absolutely indispensable; that + numerous regiments of twelve months' men were on the eve of + being disbanded, whose places could not be supplied by raw + levies in the face of superior numbers of the foe, without + entailing the most disastrous results; that the position of our + armies was so critical as to fill the bosom of every patriot + with the liveliest apprehension; and that the provisions of this + law were effective in warding off a pressing danger. But I + prefer to answer your objection on other and broader grounds. + + "I hold that, when a specific power is granted by the + Constitution, like that now in question, 'to raise armies,' + Congress is the judge whether the law passed for the purpose of + executing that power is 'necessary and proper.' It is not enough + to say that armies might be raised in other ways, and that, + therefore, this particular way is not 'necessary.' The same + argument might be used against _every_ mode of raising armies. + To each successive mode suggested, the objection would be that + other modes were practicable, and that, therefore, the + particular mode used was not 'necessary.' The true and only test + is to inquire whether the law is intended and calculated to + carry out the object; whether it devises and creates an + instrumentality for executing the specific power granted; and, + if the answer be in the affirmative, the law is constitutional. + None can doubt that the conscription law is calculated and + intended to 'raise armies'; it is, therefore, 'necessary and + proper' for the execution of that power, and is constitutional, + unless it comes in conflict with some other provision of our + Confederate compact. + + "You express the opinion that this conflict exists, and support + your argument by the citation of those clauses which refer to + the militia. There are certain provisions not cited by you, + which are not without influence on my judgment, and to which I + call your attention. They will aid in defining what is meant by + 'militia,' and in determining the respective powers of the + States and the Confederacy over them. + + "The several States agree 'not to keep troops or ships of war in + time of peace.'[194] They further stipulate that, 'a + well-regulated militia being necessary for the security of a + free State, the right of the people to keep and bear arms shall + not be infringed.'[195] + + "'That no person shall be held to answer for a capital or + otherwise infamous crime, unless on a presentment or indictment + of a grand jury, except in cases arising in the _land_ or _naval + forces_, or in _the militia_ when in actual service in times of + war or public danger.'[196] + + "What, then, are militia? They can only be created by law. The + arms-bearing inhabitants of a State are liable to become its + militia, if the law so order; but, in the absence of a law to + that effect, the men of a State capable of bearing arms are no + more militia than they are seamen. + + "The Constitution also tells us that militia are not _troops_, + nor are they any part of the _land_ or _naval forces_; for + militia exist in time of peace, and the Constitution forbids the + States to keep troops in time of peace, and they are expressly + distinguished and placed in a separate category from land or + naval forces in the sixteenth paragraph above quoted; and the + words _land_ and _naval forces_ are shown by paragraphs 12, 13, + and 14, to mean the Army and Navy of the Confederate States. + + "Now, if militia are not the citizens taken singly, but a body + created by law; if they are not troops; if they are no part of + the Army and Navy of the Confederacy, we are led directly to the + definition, quoted by the Attorney-General, that militia are 'a + body of soldiers in a State enrolled for discipline.' In other + words, the term 'militia' is a collective term meaning a body of + men organized, and can not be applied to the separate + individuals who compose the organization. + + "The Constitution divides the whole military strength of the + States into only two classes of organized bodies: one, the + armies of the Confederacy; the other, the militia of the States. + + "In the delegation of power to the Confederacy, after exhausting + the subject of declaring war, raising and supporting armies, and + providing a navy, in relation to all which the grant of + authority to Congress is _exclusive_, the Constitution proceeds + to deal with the other organized body, the militia; and, instead + of delegating power to Congress alone, or reserving it to the + States alone, the power is divided as follows, viz.: Congress is + to have power 'to provide for calling forth the militia to + execute the laws of the _Confederate_ States, suppress + insurrections, and _repel invasions_.'[197] + + "'To provide for organizing, arming, and disciplining the + militia, and for governing such part of them as may be employed + in the service of the Confederate States; _reserving_ to _the + States respectively the appointment of the officers_, and the + _authority of training the militia_, according to the discipline + prescribed by Congress.'[198] + + "Congress, then, has the power to provide for _organizing_ the + arms-bearing people of the State into militia. Each _State_ has + the power to officer and _train_ them when organized. + + "_Congress_ may call forth the militia to execute Confederate + laws; the _State_ has not surrendered the power to call them + forth to execute State laws. + + "Congress may call them forth to repel invasion; so may the + State, for the power is impliedly reserved of governing all the + militia, except the part in actual service of the Confederacy. + + "I confess myself at a loss to perceive in what manner these + careful and well-defined provisions of the Constitution, + regulating the organization and government of the militia, can + be understood as applying in the remotest degree to the armies + of the Confederacy, nor can I conceive how the grant of + _exclusive_ power to declare and carry on war by armies raised + and supported by the Confederacy is to be restricted or + diminished by the clauses which grant a _divided_ power over the + militia. On the contrary, the delegation of authority over the + militia, so far as granted, appears to me to be plainly an + _additional_ enumerated power intended to strengthen the hands + of the Confederate Government in the discharge of its paramount + duty, the common defense of the States. + + "You state, after quoting the twelfth, fifteenth, and sixteenth + grants of power to Congress, that 'these grants of power all + relate to the same subject-matter, and are all contained in the + same section of the Constitution, and, by a well-known rule of + construction, must be taken as a whole and construed together.' + + "This argument appears to me unsound. _All_ the powers of + Congress are enumerated in one section, and the three paragraphs + quoted can no more control each other by reason of their + location in the same section than they can control any of the + other paragraphs preceding, intervening, or succeeding. So far + as the subject-matter is concerned, I have already endeavored to + show that the armies mentioned in the twelfth paragraph are a + subject-matter as distinct from the militia mentioned in the + fifteenth and sixteenth as they are from the navy mentioned in + the thirteenth. Nothing can so mislead as to construe together, + and as a whole, the carefully separated clauses which define the + different powers to be exercised over distinct subjects by the + Congress. + + "But you add that, 'by the grant of power to Congress to raise + and support armies without qualification, the framers of the + Constitution intended the regular armies of the Confederacy, and + not armies composed of the whole militia of all the States.' + + "I must confess myself somewhat at a loss to understand this + position. If I am right that the militia is a body of enrolled + State soldiers, it is not possible in the nature of things that + armies raised by the Confederacy can 'be composed of the whole + militia of all the States.' The militia may be called forth in + whole or in part into the Confederate service, but do not + thereby become part of the 'armies raised' by Congress. They + remain militia, and go home when the emergency which provoked + their call has ceased. Armies raised by Congress are of course + raised out of the _same population_ as the militia organized by + the States, and to deny to Congress the power to draft a citizen + into the army, or to receive his voluntary offer of services, + because he is a member of the State militia, is to deny the + power to raise an army at all; for, practically, all men fit for + service in the army may be embraced in the militia organization + of the several States. You seem, however, to suggest, rather + than directly to assert, that the conscript law may be + unconstitutional, because it comprehends all arms-bearing men + between eighteen and thirty-five years; at least, this is an + inference which I draw from your expression, 'armies composed of + the _whole_ militia of _all_ the States.' But it is obvious + that, if Congress have power to draft into the armies raised by + it any citizens at all (without regard to the fact whether they + are, or not, members of militia organizations), the power must + be coextensive with the exigencies of the occasion, or it + becomes illusory; and the extent of the exigency must be + determined by Congress; for the Constitution has left the power + without any other check or restriction than the Executive veto. + Under ordinary circumstances, the power thus delegated to + Congress is scarcely felt by the States. At the present moment, + when our very existence is threatened by armies vastly superior + in numbers to ours, the necessity for defense has induced a + call, not for 'the whole militia of all the States,' not for any + militia, but for men to compose _armies_ for the Confederate + States. + + "Surely there is no mystery in this subject. During our whole + past history, as well as during our recent one year's experience + as a new Confederacy, the militia 'have been called forth to + repel invasion' in numerous instances, and they never came + otherwise than as bodies organized by the States with their + company, field, and _general officers_; and, when the emergency + had passed, they went home again. I can not perceive how any one + can interpret the conscription law as taking away from the + States the power to appoint officers to their militia. You + observe on this point in your letter that, unless your + construction is adopted, 'the very object of the States in + reserving the power of appointing the officers is defeated, and + that portion of the Constitution is not only a nullity, but the + whole military power of the States, and the entire control of + the militia, with the appointment of the officers, is vested in + the Confederate Government, whenever it chooses to call its own + action "raising an army," and not "calling forth the militia."' + + "I can only say, in reply to this, that the power of Congress + depends on the real nature of the act it proposes to perform, + not on the name given to it; and I have endeavored to show that + its action is really that of 'raising an army,' and bears no + semblance to 'calling forth the militia.' I think I may safely + venture the assertion that there is not one man out of a + thousand of those who will do service under the conscription act + that will describe himself while in the Confederate service as + being a militiaman; and, if I am right in this assumption, the + popular understanding concurs entirely with my own deductions + from the Constitution as to the meaning of the word 'militia.' + + "My answer has grown to such a length, that I must confine + myself to one more quotation from your letter. You proceed: + 'Congress shall have power to _raise armies_. How shall it be + done? The answer is clear. In conformity to the provisions of + the Constitution, which expressly provides that, when the + militia of the States are called forth to _repel invasion_, and + employed in the service of the Confederate States, which is now + the case, the State shall appoint the officers. + + "I beg you to observe that the answer which you say is clear is + not an answer to the question put. The question is, How are + armies to be raised? The answer given is, that, when militia are + called upon to repel invasion, the State shall appoint the + officers. + + "There seems to me to be a conclusive test on this whole + subject. By our Constitution, Congress may declare war, + _offensive_ as well as _defensive_. It may acquire territory. + Now, suppose that, for good cause and to right unprovoked + injuries, Congress should declare war against Mexico and invade + Sonora. The militia could not be called forth in such a case, + the right to call it being limited 'to repel invasions.' Is it + not plain that the law now under discussion, if passed under + such circumstances, could by no possibility be aught else than a + law to 'raise an army'? Can one and the same law be construed + into a 'calling forth the militia,' if the war be defensive, and + a 'raising of armies,' if the war be offensive? + + "At some future day, after our independence shall have been + established, it is no improbable supposition that our present + enemy may be tempted to abuse his naval power by depredations on + our commerce, and that we may be compelled to assert our rights + by offensive war. How is it to be carried on? Of what is the + army to be composed? If this Government can not call on its + arms-bearing population otherwise than as militia, and if the + militia can only be called forth to repel invasion, we should be + utterly helpless to vindicate our honor or protect our rights. + War has been well styled 'the terrible litigation of nations.' + Have we so formed our Government that in this litigation we must + never be plaintiffs? Surely this can not have been the intention + of the framers of our compact. + + "In no respect in which I can view this law can I find just + reason to distrust the propriety of my action in approving and + signing it; and the question presented involves consequences, + both immediate and remote, too momentous to permit me to leave + your objections unanswered. + + "Jefferson Davis." + +The operation of this law was suspended in the States of Kentucky, +Missouri, and Maryland, because of their occupation by the armies of the +Federal Government. The opposition to it, where its execution was +continued, soon became limited, and before June 1st its good effects +were seen in the increased strength and efficiency of our armies. At the +same time I was authorized to commission officers to form bands of +"Partisan Rangers," either of infantry or cavalry, which were +subsequently confined to cavalry alone. On September 27, 1862, all white +men between the ages of thirty-five and forty-five were placed in the +military service for three years. All persons subject to enrollment +might be enrolled wherever found, and were made subject to the +provisions of the law. Authority was also given for the reception of +volunteers from the States in which the law was suspended. On February +11, 1864, it was enacted by Congress that all white men between the ages +of seventeen and fifty should be in the military service for the war; +also, that all then in the service between the ages of eighteen and +forty-five should be retained during the war. An enrollment was also +ordered of all persons between the ages of seventeen and eighteen and +between forty-five and fifty years, who should constitute a reserve for +State defense and detail duty. On February 17th all male free negroes +between the ages of eighteen and fifty years were made liable to perform +duties with the army, or in connection with the military defenses of the +country in the way of work upon the fortifications, or in Government +works for the production or preparation of materials of war, or in +military hospitals. The Secretary of War was also authorized to employ +for the same duties any number of negro slaves not exceeding twenty +thousand. + +In the operation of the military laws we found the exemption from +military duty accorded by the law to all persons engaged in certain +specified pursuits or professions to be unwise. Indeed, it seems to be +indefensible in theory. The defense of home, family, and country is +universally recognized as the paramount political duty of every member +of society; and, in a form of government where each citizen enjoys an +equality of rights and privileges, nothing can be more invidious than an +unequal distribution of duties or obligations. No pursuit nor position +should relieve any one who is able to do active duty from enrollment in +the army, unless his functions or services are more useful to the +defense of his country in another sphere. But the exemption from service +of entire classes should be wholly abandoned. + +The act of February 17, 1864 (above mentioned), which authorized the +employment of slaves, produced less results than had been anticipated. +It, however, brought forward the question of the employment of the +negroes as soldiers in the army, which was warmly advocated by some and +as ardently opposed by others. My own views upon it were expressed +freely and frequently in intercourse with members of Congress, and +emphatically in my message of November 7, 1864, when, urging upon +Congress the consideration of the propriety of a radical modification of +the theory of the law, I said: + + "Viewed merely as property, and therefore as the subject of + impressment, the service or labor of the slave has been + frequently claimed for short periods in the construction of + defensive works. The slave, however, bears another relation to + the state--that of a person. The law of last February + contemplates only the relation of the slave to the master, and + limits the impressment to a certain term of service. + + "But, for the purposes enumerated in the act, instruction in the + manner of camping, marching, and packing trains is needful, so + that even in this limited employment length of service adds + greatly to the value of the negro's labor. Hazard is also + encountered in all the positions to which negroes can be + assigned for service with the army, and the duties required of + them demand loyalty and zeal. + + "In this aspect the relation of person predominates so far as to + render it doubtful whether the private right of property can + consistently and beneficially be continued, and it would seem + proper to acquire for the public service the entire property in + the labor of the slave, and to pay therefor due compensation, + rather than to impress his labor for short terms; and this the + more especially as the effect of the present law would vest this + entire property in all cases where the slave might be recaptured + after compensation for his loss had been paid to the private + owner. Whenever the entire property in the service of a slave is + thus acquired by the Government, the question is presented by + what tenure he should be held. Should he be retained in + servitude, or should his emancipation be held out to him as a + reward for faithful service, or should it be granted at once on + the promise of such service; and if emancipated what action + should be taken to secure for the freed man the permission of + the State from which he was drawn to reside within its limits + after the close of his public service? The permission would + doubtless be more readily accorded as a reward for past faithful + service, and a double motive for zealous discharge of duty would + thus be offered to those employed by the Government--their + freedom and the gratification of the local attachment which is + so marked a characteristic of the negro and forms so powerful an + incentive to his action. The policy of engaging to liberate the + negro on his discharge after service faithfully rendered seems + to me preferable to that of granting immediate manumission, or + that of retaining him in servitude. If this policy should + commend itself to the judgment of Congress, it is suggested + that, in addition to the duties heretofore performed by the + slave, he might be advantageously employed as a pioneer and + engineer laborer, and, in that event, that the number should be + augmented to forty thousand. + + "Beyond this limit and these employments it does not seem to me + desirable under existing circumstances to go. + + "A broad, moral distinction exists between the use of slaves as + soldiers in defense of their homes and the incitement of the + same persons to insurrection against their masters. The one is + justifiable, if necessary, the other is iniquitous and unworthy + of civilized people; and such is the judgment of all writers on + public law, as well as that expressed and insisted on by our + enemies in all wars prior to that now waged against us. By none + have the practices of which they are now guilty been denounced + with greater severity than by themselves in the two wars with + Great Britain, in the last and in the present century, and in + the Declaration of Independence in 1776, when an enumeration was + made of the wrongs which justified the revolt from Great + Britain. The climax of atrocity was deemed to be reached only + when the English monarch was denounced as having 'excited + domestic insurrection among us.' + + "The subject is to be viewed by us, therefore, solely in the + light of policy and our social economy. When so regarded, I must + dissent from those who advise a general levy and arming of the + slaves for the duty of soldiers. Until our white population + shall prove insufficient for the armies we require and can + afford to keep in the field, to employ as a soldier the negro, + who has merely been trained to labor, and, as a laborer, the + white man accustomed from his youth to the use of arms, would + scarcely be deemed wise or advantageous by any; and this is the + question now before us. But should the alternative ever be + presented of subjugation, or of the employment of the slave as a + soldier, there seems no reason to doubt what should then be our + decision. Whether our view embraces what would, in so extreme a + case, be the sum of misery entailed by the dominion of the + enemy, or be restricted solely to the effect upon the welfare + and happiness of the negro population themselves, the result + would be the same. The appalling demoralization, suffering, + disease, and death, which have been caused by partially + substituting the invaders' system of police for the kind + relation previously subsisting between the master and slave, + have been a sufficient demonstration that external interference + with our institution of domestic slavery is productive of evil + only. If the subject involved no other consideration than the + mere right of property, the sacrifices heretofore made by our + people have been such as to permit no doubt of their readiness + to surrender every possession in order to secure independence. + But the social and political question which is exclusively under + the control of the several States has a far wider and more + enduring importance than that of pecuniary interest. In its + manifold phases it embraces the stability of our republican + institutions, resting on the actual political equality of all + its citizens, and includes the fulfillment of the task which has + been so happily begun--that of Christianizing and improving the + condition of the Africans who have by the will of Providence + been placed in our charge. Comparing the results of our own + experience with those of the experiments of others who have + borne similar relations to the African race, the people of the + several States of the Confederacy have abundant reason to be + satisfied with the past, and to use the greatest circumspection + in determining their course. These considerations, however, are + rather applicable to the improbable contingency of our need of + resorting to this element of assistance than to our present + condition. If the recommendation above, made for the training of + forty thousand negroes for the service indicated, shall meet + your approval, it is certain that even this limited number, by + their preparatory training in intermediate duties, would form a + more valuable reserve force in case of urgency than threefold + their number suddenly called from field-labor, while a fresh + levy could to a certain extent supply their places in the + special service for which they are now employed." + +Subsequent events advanced my views from a prospective to a present need +for the enrollment of negroes to take their place in the ranks. +Strenuously I argued the question with members of Congress who called to +confer with me. To a member of the Senate (the House in which we most +needed a vote) I stated, as I had done to many others, the fact of +having led negroes against a lawless body of armed white men, and the +assurance which the experiment gave me that they might, under proper +conditions, be relied on in battle, and finally used to him the +expression which I believe I can repeat exactly: "If the Confederacy +falls, there should be written on its tombstone, 'Died of a theory.'" +General Lee was brought before a committee to state his opinion as to +the probable efficiency of negroes as soldiers, and disappointed the +probable expectation by his unqualified advocacy of the proposed +measure. + +After much discussion in Congress, a bill authorizing the President to +ask for and accept from their owners such a number of able-bodied negro +men as he might deem expedient subsequently passed the House, but was +lost in the Senate by one vote. The Senators of Virginia opposed the +measure so strongly that only legislative instruction could secure their +support of it. Their Legislature did so instruct them, and they voted +for it. Finally, the bill passed, with an amendment providing that not +more than twenty-five per cent. of the male slaves between the ages of +eighteen and forty-five should be called out. But the passage of the act +had been so long delayed that the opportunity was lost. There did not +remain time enough to obtain any result from its provisions. + + +[Footnote 194: Article I, section 10, paragraph 3.] + +[Footnote 195: Ibid., section 9, Part XIII.] + +[Footnote 196: Ibid., section 9, paragraph 16.] + +[Footnote 197: Section 8, paragraph 15.] + +[Footnote 198: Ibid., paragraph 16.] + + + + +APPENDIXES. + +[Transcriber's Note: There is no Appendix A.] + +APPENDIX B. + +THE OREGON QUESTION. + + +Extracts from speech of Jefferson Davis, of Mississippi, in the House of +Representatives, February 6, 1846, on the resolution to terminate the +joint occupation of the Oregon Territory. + +Mr. Chairman: In negotiations between governments, in attempts to modify +existing policies, the circumstances of the time most frequently decide +between success and failure. + +How far the introduction of this question may affect our foreign +intercourse, the future only can determine; but I invite attention to +the present posture of affairs. Amicable relations, after a serious +interruption, have been but recently restored between the United States +and Mexico. The most delicate and difficult of questions, the adjustment +of a boundary between us, remains unsettled; and many eyes are fixed +upon our minister at Mexico, with the hope that he may negotiate a +treaty which will remove all causes of dispute, and give to us +territorial limits, the ultimate advantages of which it would be +difficult to over-estimate. + +If, sir, hereafter we shall find that, by this excited discussion, +portentous of a war with England, unreasonable demands upon the part of +Mexico should be encouraged, the acquisition of California be defeated, +that key to Asiatic commerce be passed from our hands for ever--what +will we have gained to compensate so great a loss? We know the influence +which Great Britain exercises over Mexico; we should not expect her to +be passive, nor doubt that the prospect of a war between England and the +United States would serve to revive the former hopes and to renew the +recent enmity of Mexico. + +Sir, I have another hope, for the fulfillment of which the signs of the +times seem most propitious. An unusually long exemption from a general +war has permitted the bonds of commerce to extend themselves around the +civilized world, and nations from remote quarters of the globe have been +drawn into that close and mutual dependence which foretold unshackled +trade and a lasting peace. In the East, there appeared a rainbow which +promised that the waters of national jealousy and proscription were +about to recede from the earth for ever, and the spirit of free trade to +move over the face thereof. + +In perspective, we saw the ports of California united to the ports and +forests of Oregon, and our countrymen commanding the trade of the +Pacific. The day seemed at hand when the overcharged granaries of the +West should be emptied to the starving millions of Europe and Asia; when +the canvas-winged doves of our commerce should freely fly forth from the +ark, and return across every sea with the olive of every land. Shall +objects like these be endangered by the impatience of petty ambition, +the promptings of sectional interest, or the goadings of fanatic hate? +Shall the good of the whole be surrendered to the voracious demands of +the few? Shall class interests control the great policy of our country, +and the voice of reason be drowned in the clamor of causeless +excitement? If so, not otherwise, we may agree with him who would +reconcile us to the evils of war by the promise of "emancipation from +the manufacturers of Manchester and Birmingham"; or leave unanswered the +heresy boldly announced, though by history condemned, that war is the +purifier, blood is the aliment, of free institutions. Sir, it is true +that republics have often been cradled in war, but more often they have +met with a grave in that cradle. Peace is the interest, the policy, the +nature of a popular government. War may bring benefits to a few, but +privation and loss are the lot of the many. An appeal to arms should be +the last resort, and only by national rights or national honor can it be +justified. + +To those who have treated this as a case involving the national honor, I +reply that, whenever that question shall justly be raised, I trust an +American Congress will not delay for weeks to discuss the chances, or +estimate the sacrifices, which its maintenance may cost. But, sir, +instead of rights invaded or honor violated, the question before us is, +the expediency of terminating an ancient treaty, which, if it be unwise, +it can not be dishonorable, to continue. Yet, throughout this long +discussion, the recesses and vaulted dome of this hall have reechoed to +inflammatory appeals and violent declamations on the sanctity of +national honor; and then, as if to justify them, followed reflections +most discreditable to the conduct of our Government. The charge made +elsewhere has been repeated here, that we have trodden upon Mexico, but +cowered under England. + +Sir, it has been my pride to believe that our history was unstained by +an act of injustice or of perfidy; that we stood recorded before the +world as a people haughty to the strong, generous to the weak; and +nowhere has this character been more exemplified than in our intercourse +with Mexico. We have been referred to the treaty of peace that closed +our last war with Great Britain, and told that our injuries were +unredressed, because the question of impressment was not decided. There +are other decisions than those made by commissioners, and sometimes they +outlast the letter of a treaty. On sea and land we settled the question +of impressment before negotiations were commenced at Ghent. Further, it +should be remembered that there was involved within that question a +cardinal principle of each Government. The power of expatriation, and +its sequence, naturalization, were denied by Great Britain; and hence a +right asserted to impress native-born Britons, though naturalized as +citizens of the United States. This violated a principle which lies at +the foundation of our institutions, and could never be permitted; but, +not being propagandists, we could afford to leave the political opinion +unnoticed, after having taught a lesson which would probably prevent any +future attempt to exercise it to our injury. Let the wisdom of that +policy be judged by subsequent events.... + +Mr. Davis then proceeded to state and argue at length the historical +questions involved, making copious citations from original authorities. +He continued: + +Waiving the consideration of any sinister motive or sectional hate which +may have brought allies to the support of the resolution now before us, +I will treat it as simply aiming at the object which in common we +desire--to secure the whole of Oregon to the United States. + +Thus considered, the dissolution of the Oregon convention becomes a mere +question of time. As a friend to the extension of our Union, and +therefore prone to insist upon its territorial claims, I have thought +this movement premature; that we should have put ourselves in the +strongest attitude for the enforcement of our claims before we fixed a +day on which negotiations should be terminated. That nation negotiates +to most advantage which is best prepared for war. Gentlemen have treated +the idea of preparation for war as synonymous with the raising of an +army. It is not so; indeed, that is the last measure, and should only be +resorted to when war has become inevitable; and then a very short time +will always be, I trust, sufficient. But, sir, there are preparations +which require years, and can only be made in a state of peace. Such are +the fortifications of the salient points and main entrances of our +coast. For twenty-odd years Southern men have urged the occupation of +the Tortugas. Are those who have so long opposed appropriations for that +purpose ready to grant them now in such profusion that the labor of +three years may be done in one? No, sir; the occasion, by increasing the +demand for money elsewhere, must increase the opposition. That rock, +which Nature placed like a sentinel to guard the entrance into the +Mediterranean of our continent, and which should be Argus-eyed to watch +it, will stand without an embrasure to look through. + +How is the case in Oregon? Our settlements there must be protected, and +under present circumstances an army of operations in that country must +draw its food from this; but we have not a sufficient navy to keep open +a line of communication by sea around Cape Horn; and the rugged route +and the great distance forbid the idea of supplying it by transportation +across the mountains. Now, let us see what time and the measures more +pointedly recommended by the President would effect. Our jurisdiction +extended into Oregon, the route guarded by stockades and troops, a new +impulse would be given to immigration: and in two or three years the +settlement on the Willamette might grow into a colony, whose flocks and +herds and granaries would sustain an army, whenever one should be +required. + +By agencies among the Indian tribes, that effective ally of Great +Britain, which formerly she has not scrupled to employ, would be +rendered friendly to our people. In the mean time, roads could be +constructed for the transportation of munitions of war. Then we should +be prepared to assert, and effectively maintain, our claims to their +ultimate limits. + +I could not depreciate my countrymen; I would not vaunt the prowess of +an enemy; but, sir, I tell those gentlemen who, in this debate, have +found it so easy to drive British troops out of Oregon, that, between +England and the United States, if hostilities occur in that remote +territory, the party must succeed which has bread within the country.... + +Mr. Chairman, unfortunately, the opinion has gone forth that no +politician dares to be the advocate of peace when the question of war is +mooted. That will be an evil hour--the sand of our republic will be +nearly run--when it shall be in the power of any demagogue, or fanatic, +to raise a war-clamor, and control the legislation of the country. The +evils of war must fall upon the people, and with them the war-feeling +should originate. We, their representatives, are but a mirror to reflect +the light, and never should become a torch to fire the pile. But, sir, +though gentlemen go, torch in hand, among combustible materials, they +still declare there is no danger of a fire. War-speeches and measures +threatening war are mingled with profuse assurances of peace. Sir, we +can not expect, we should not require, our adversary to submit to more +than we would bear; and I ask, after the notice has been given and the +twelve months have expired, who would allow Great Britain to exercise +exclusive jurisdiction over Oregon? If we would resist such act by force +of arms, before ourselves performing it we should prepare for war. + +Some advocates of this immediate notice have urged their policy by +reference to a resolution of the Democratic Baltimore Convention, and +contended that the question was thereby closed to members of the +Democratic party. That resolution does not recommend immediate notice, +but recommends "the reannexation of Texas" and the "reoccupation of +Oregon" at the "earliest practicable period." The claim is strongly made +to the "whole of Oregon"; and the resolution seems directed more +pointedly to space than time. Texas and Oregon were united in the +resolution; and, had there been a third question involving our +territorial extension, I doubt not it would have been united with the +other two. The addition of territory to our Union is part of the +Democratic faith, and properly was placed in the declaration of our +policy at that time. To determine whether that practicable period has +arrived is now the question; and those who cordially agree upon the +principle of territorial enlargement have differed, and may continue +still to differ, on that question. Sir, though it is demonstrable that +haste may diminish but can not increase our chances to secure the whole +of Oregon, yet, because Southern men have urged the wisdom of delay, we +have had injurious comparisons instituted between our conduct on Texas +annexation and Oregon occupation. Is there such equality between the +cases that the same policy must apply to each? Texas was peopled, the +time was present when it must be acquired, or the influences active to +defeat our annexation purpose would probably succeed, and the country be +lost to us for ever. Oregon is, with a small exception, still a +wilderness; our claim to ultimate sovereignty can not be weakened during +the continuance of the Oregon convention. That ill-starred partnership +has robbed us of the advantages which an early occupation would have +given to our people in the fur-trade of the country, and we are now +rapidly advancing to a position from which we can command the entire +Territory. In Texas annexation we were prompted by other and higher +considerations than mere interest. Texas had been a member of our +family: in her infancy had been driven from the paternal roof, +surrendered to the government of harsh, inquisitorial Spain; but, true +to her lineage, preserved the faith of opposition to monarchical +oppression. She now returned, and asked to be admitted to the hearth of +the homestead. She pointed to the band of noble sons who stood around +her and said: "Here is the remnant of my family; the rest I gave a +sacrifice at the altar of our fathers' God--the God of Liberty." One, +two, three, of the elder sisters strove hard to close the door upon her; +but the generous sympathy, the justice of the family, threw it wide +open, and welcomed her return. Such was the case of Texas; is there a +parallel in Oregon? + +But who are those that arraign the South, imputing to us motives of +sectional aggrandizement? Generally, the same who resisted Texas +annexation, and now most eagerly press on the immediate occupation of +the whole of Oregon. The source is worthy the suspicion. These were the +men whose constitutional scruples resisted the admission of a country +gratuitously offered to us, but who now look forward to gaining Canada +by conquest. These, the same who claim a weight to balance Texas, while +they attack others as governed by sectional considerations. + +Sir, this doctrine of a political balance between different sections of +our Union is not of Southern growth. We advocated the annexation of +Texas as a "great national measure"; we saw in it the extension of the +principles intrusted to our care; and, if in the progress of the +question it assumed a sectional hue, the coloring came from the +opposition that it met--an opposition based, not upon a showing of the +injury it would bring to them, but upon the supposition that benefits +would be obtained by us. + +Why is it that Texas is referred to, and treated as a Southern measure +merely, though its northern latitude is 42 deg.? And why has the West so +often been reminded of its services upon Texas annexation? Is it to +divide the South and West? If so, let those who seek this object cease +from their travail, for their end can never be obtained. A common +agricultural interest unites us in a common policy, and the hand that +sows seeds of dissension between us will find, if they spring from the +ground, that the foot of fraternal intercourse will tread them back to +earth. + +The streams that rise in the West flow on and are accumulated into the +rivers of the South; they bear the products of one to the other, and +bind the interests of the whole indissolubly together. The wishes of the +one wake the sympathies of the other. On Texas annexation the voice of +Mississippi found an echo in the West, and Mississippi reechoes the call +of the West on the question of Oregon. Though this Government has done +nothing adequate to the defense of Mississippi, though by war she has +much to lose and nothing to gain, yet she is willing to encounter it, if +necessary to maintain our rights in Oregon. Her Legislature has recently +so resolved, and her Governor, in a late message, says, "If war comes, +to us it will bring blight and desolation, yet we are ready for the +crisis." Sir, could there be a higher obligation on the representative +of such a people than to restrain excitement--than to oppose a policy +that threatens an unnecessary war?... + +Mr. Chairman, why have such repeated calls been made upon the South to +rally to the rescue? When, where, or how, has she been laggard or +deserter? + +In 1776 the rights of man were violated in the outrages upon the +Northern colonies, and the South united in a war for their defense. In +1812 the flag of our Union was insulted, our sailors' rights invaded; +and, though the interests infringed were mainly Northern, war was +declared, and the opposition to its vigorous prosecution came not from +the South. We entered it for the common cause, and for the common cause +we freely met its sacrifices. If, sir, we have not been the "war party +in peace," neither have we been the "peace party in war," and I will +leave the past to answer for the future. + +If we have not sought the acquisition of provinces by conquest, neither +have we desired to exclude from our Union such as, drawn by the magnet +of free institutions, have peacefully sought for admission. From sire to +son has descended our federative creed, opposed to the idea of sectional +conflict for private advantage, and favoring the wider expanse of our +union. If envy and jealousy and sectional strife are eating like rust +into the bonds our fathers expected to bind us, they come from causes +which our Southern atmosphere has never furnished. As we have shared in +the toils, so we have gloried in the triumphs, of our country. In our +hearts, as in our history, are mingled the names of Concord, and Camden, +and Saratoga, and Lexington, and Plattsburg, and Chippewa, and Erie, and +Moultrie, and New Orleans, and Yorktown, and Bunker Hill. Grouped +together, they form a record of the triumphs of our cause, a monument of +the common glory of our Union. What Southern man would wish it less by +one of the Northern names of which it is composed? Or where is he who, +gazing on the obelisk that rises from the ground made sacred by the +blood of Warren, would feel his patriot's pride suppressed by local +jealousy? Type of the men, the event, the purpose, it commemorates, that +column rises, stern, even severe in its simplicity; neither niche nor +molding for parasite or creeping thing to rest on; composed of material +that defies the waves of time, and pointing like a finger to the source +of noblest thought. Beacon of freedom, it guides the present generation +to retrace the fountain of our years and stand beside its source; to +contemplate the scene where Massachusetts and Virginia, as stronger +brothers of the family, stood foremost to defend our common rights; and +remembrance of the petty jarrings of to-day are buried in the nobler +friendship of an earlier time. + +Yes, sir, and when ignorance, led by fanatic hate, and armed by all +uncharitableness, assails a domestic institution of the South, I try to +forgive, for the sake of the righteous among the wicked--our natural +allies, the Democracy of the North. Thus, sir, I leave to silent +contempt the malign predictions of the member from Ohio, who spoke in +the early stage of this discussion, while it pleases me to remember the +manly and patriotic sentiments of the gentleman who sits near me [Mr. +McDowell], and who represents another portion of that State. In him I +recognize the feelings of our Western brethren; his were the sentiments +that accord with their acts in the past, and which, with a few ignoble +exceptions, I doubt not they will emulate, if again the necessity should +exist. Yes, sir, if ever they hear that the invader's foot has been +pressed upon our soil, they will descend to the plain like an avalanche, +rushing to bury the foe. + +In conclusion, I will say that, free from any forebodings of evil, above +the influence of taunts, beyond the reach of treasonable threats, and +confiding securely in the wisdom and patriotism of the Executive, I +shrink from the assertion of no right, and will consent to no +restrictions on the discretion of the treaty-making power of our +Government. + + + + +APPENDIX C. + +SPEECHES, AND EXTRACTS FROM SPEECHES, OF THE AUTHOR IN THE SENATE OF THE +UNITED STATES DURING THE FIRST SESSION OF THE THIRTY-FIRST CONGRESS, +1849-1850. + + +Speech of Mr. Davis, of Mississippi, in the Senate of the United States, +on the resolutions of compromise proposed by Mr. Clay, January 29, 1850: + +I do not rise to continue the discussion, but, as it has been made an +historical question as to what the position of the Senate was twelve +years ago, and, as with great regret I see this, the conservative branch +of the Government, tending toward that fanaticism which seems to prevail +with the majority in the United States, I wish to read from the journals +of that date the resolutions then adopted, and to show that they went +further than the honorable Senator from Kentucky has stated. I take it +for granted, from the date to which the honorable Senator has alluded, +he means the resolutions introduced by the honorable Senator from South +Carolina [Mr. Calhoun], not now in his seat, and to which the Senator +from Kentucky proposed certain amendments. Of the resolutions introduced +by the Senator from South Carolina, I will read the fifth in the series, +that to which the honorable Senator from Kentucky must have alluded. It +is in these words: + +"_Resolved_, That the intermeddling of any State or States, or their +citizens, to abolish slavery in the District, or any of the Territories, +on the ground, or under the pretext, that it is immoral or sinful, or +the passage of any act or measure of Congress with that view, would be a +direct and dangerous attack on the institutions of all the slaveholding +States." + +Such is the general form of the proposition. It was variously modified, +but never, in my opinion, improved. On the 27th, the fifth resolution +being again under consideration, Mr. Clay, of Kentucky, moved to amend +the amendment by striking out all after the word "resolved," and insert: + +"That the interference, by the citizens of any of the States, with a +view to the abolition of slavery in this District, is endangering the +rights and security of the people of the District; and that any act or +measure of Congress designed to abolish slavery in this District would +be a violation of the faith implied in the cessions by the States of +Virginia and Maryland; a just cause of alarm to the people of the +slaveholding States, and have a direct and inevitable tendency to +disturb and endanger the Union. + +"_And, resolved_, That it would be highly inexpedient to abolish slavery +within any district of country set apart for the Indian tribes, where it +now exists, or in Florida, the only Territory of the United States in +which it now exists, because of the serious alarm and just apprehensions +which would be thereby excited in the States sustaining that domestic +institution; because the people of that Territory have not asked it to +be done, and, when admitted into the Union, will be exclusively entitled +to decide that question for themselves; because it would be in violation +of the stipulations of the treaty between the United States and Spain of +the 22d of February, 1819; and, also, because it would be in violation +of a solemn compromise, made at a memorable and critical period in the +history of this country, by which, while slavery was prohibited north, +it was admitted south, of the line of thirty-six degrees and thirty +minutes north latitude." + +But this resolution was not finally adopted. Upon the motion of Mr. +Buchanan to amend said amendment, by striking out the second clause +thereof, commencing with the word "resolved," it was determined in the +affirmative, and finally the resolution which here follows was +substituted in place of the second clause: + +"That the interference by the citizens of any of the States, with a view +to the abolition of slavery in this District, is endangering the rights +and security of the people of the District; and that any act or measure +of Congress designed to abolish slavery in this district, would be a +violation of the faith implied in the cessions by the States of Virginia +and Maryland; a just cause of alarm to the people of the slaveholding +States, and have a direct and inevitable tendency to disturb and +endanger the Union." + +This was the form in which the resolution was finally adopted, passing +by a vote of thirty-six to eight. Here, then, was fully and broadly +asserted the danger resulting from the interference in the question of +slavery in the District of Columbia, as trenching upon the rights of the +slaveholding States. Twelve years only have elapsed, yet this brief +period has swept away even the remembrance of principles then deemed +sacred and necessary to secure the safety of the Union. Now, an +honorable and distinguished Senator, to whom the country has been +induced to look for something that would heal the existing dissensions, +instead of raising new barriers against encroachment, dashes down those +heretofore erected and augments the existing danger. A representative +from one of the slaveholding States raises his voice for the first time +in disregard of this admitted right. Nor, Mr. President, did he stop +here. The boundary of a State, with which we have no more right to +interfere than with the boundary of the State of Kentucky, is encroached +upon. The United States, sir, as the agent for Texas, had a right to +settle the question of boundary between Texas and Mexico. Texas was not +annexed as a Territory, but was admitted as a State, and, at the period +of her admission, her boundaries were established by her Congress. She, +by the terms of annexation, gave to the United States the right to +define her boundary by treaty with Mexico; but the United States, in the +treaty made with Mexico subsequent to the war with that country, +received from Mexico not merely a cession of the territory that was +claimed by Texas, but much that lay beyond the asserted limits. Shall +we, then, acting simply as the cogent of Texas in the settlement of this +question of boundary, take from the principal for whom we act that +territory which belongs to her, to which we asserted her title against +Mexico, and appropriate it to ourselves? Why, sir, it would be a +violation of justice, and of a principle of law which is so plain that +it does not require one to have been bred to the profession of law to +understand it. The principle I refer to is, that an agent can not take +for his own benefit anything resulting from the matter in controversy, +after having acquired it as belonging to the principal for whom he acts. +The agent can not appropriate to himself rights acquired for his client. +The right of Texas, therefore, to that boundary was made complete by the +treaty of peace, which silenced the only rival claim to the territory. +It was distinctly defined by the acts of her Congress, before the time +of annexation; and I have only to refer to those acts to show that the +boundary of Texas was the Rio Bravo del Norte, from its mouth to its +source. What justice, or even decent regard for fairness, can there be, +now that Texas has acceded to annexation upon certain terms, to propose +a change of boundary, in violation of those terms, and by the power we +hold over her as a part of the Union? Can this power extend so far as to +take from her a portion of her territory, or to assert that there is a +portion to which she is not entitled? + +These constitute with me two great objections to the propositions of the +honorable Senator from Kentucky; but, without stating all the objections +that I have, and they are very many, I will merely point out a few of +the prominent points to which I object in the argument of the Senator. +He assumes as facts things which are mere matters of opinion, and, I +think, of erroneous and injurious opinion. But, deferring the discussion +to another occasion, I desire at present merely to notice the assertion +of the honorable Senator, that slavery would never under any +circumstances be established in California. This, though stated as a +fact, is but a mere opinion--an opinion with which I do not accord. It +was to work the gold-mines on this continent that the Spaniards first +brought Africans to the country. The European races now engaged in +working the mines of California sink under the burning heat and sudden +changes of the climate to which the African race are altogether better +adapted. The production of rice, sugar, and cotton, is no better adapted +to slave-labor than the digging, washing, and quarrying of the +gold-mines. + +We, sir, have not asked that slavery should be established in +California. We have only asked that there should be no restriction; that +climate and soil should be left free to establish the institution or +not, as experience should determine. Sir, after the agitation of the +subject within these halls and elsewhere has prevented the introduction +of slavery--by preventing the emigration of slaveholders with their +property--are we now to be told that the question is settled? More than +that: when we have acquired territory over which the Constitution of the +United States is thereby extended, and which the citizens of the United +States have a right to occupy, and to establish therein what laws they +please, in accordance with the principles of the Constitution--in which +they have a right to establish what institutions they please--it is now +claimed that the municipal regulations which previously existed shall +still govern the people, and that a portion of the citizens of the +United States shall thus be precluded from going there with their +property. This rule has, however, in discussion here, only been applied +to the property of slaveholders; as though slaves were the only property +under the laws of Mexico prohibited from entering California. It is to +be remembered that the late Secretary of the Treasury, in a report to +Congress, stated that the Mexican law prohibited the entrance of some +sixty articles of commerce; this was prohibition by law of Congress, and +slavery has never been so prohibited. It never has been prohibited by +the Mexican Congress in California; and the only prohibition ever issued +was that contained in the edict of a usurper, under the specious pretext +that it was necessary, in order to oppose the invasion of the country by +Spain. This decree was recognized by a subsequent Congress, so far as to +pass a law authorizing payment for slaves so liberated. It was the +emancipation of all the slaves in Mexico; an act, if you please, of +abolition, not of prohibition; not, whatever construction may be placed +upon it, done in the forms of law and requirements of their +Constitution. But we have not proposed to inquire into the legality of +the abolition, neither has any Southern man asked that that decree +should be repealed, or that those liberated under its provisions should +be returned to slavery. We only claim that there shall be an equality of +immunities and privileges among citizens of all parts of the United +States; that Mexican law shall not be applied so as to create inequality +between citizens, by preventing the immigration of any. + +But, sir, we are called on to receive this as a measure of compromise! +Is a measure in which we of the minority are to receive nothing a +compromise? I look upon it as but a modest mode of taking that, the +claim to which has been more boldly asserted by others; and, that I may +be understood upon this question, and that my position may go forth to +the country in the same columns that convey the sentiments of the +Senator from Kentucky, I here assert that never will I take less than +the Missouri compromise line extended to the Pacific Ocean, with the +specific recognition of the right to hold slaves in the territory below +that line; and that, before such Territories are admitted into the Union +as States, slaves may be taken there from any of the United States at +the option of their owners. I can never consent to give additional power +to a majority to commit further aggressions upon the minority in this +Union; and will never consent to any proposition which will have such a +tendency, without a full guarantee or counteracting measure is connected +with it. I forbear commenting at any further length upon the +propositions embraced in the resolutions at this time. + + +Remarks of Mr. Davis, of Mississippi, in the Senate of the United +States, on the question of the reception of a memorial from inhabitants +of Pennsylvania and Delaware, presented by Mr. Hale, of New Hampshire, +praying that Congress would adopt measures for an immediate and peaceful +dissolution of the Union. February 8, 1850. + +Mr. President: I rise merely to make a few remarks upon the right of +petition, and to notice the error which I think has pervaded the +comparisons that have been instituted between certain resolutions which +were presented by the Senator from North Carolina and the petition which +it is now proposed shall be received. The resolutions which were +presented from North Carolina were published in yesterday's paper, and, +after reading them, I think they refer to a state of case which the +people of North Carolina might properly present as their grievance. They +were resolutions for preserving the Union, calling upon Congress to take +all measures in its power for that purpose. This was all legitimate. +They had a right to petition Congress for a redress of grievances; and, +if it were in our power to redress those grievances, if it were within +the legitimate functions of our legislation, we were bound to receive +the petition and respectfully consider it. This case is exactly the +reverse. Here is no grievance, unless the Union is a grievance to those +who petition. And they call upon Congress to do that which every one +must admit Congress has no power to do--to dissolve peaceably the union +of the States. Then, sir, in the first place, there is no grievance; in +the next place, there is no power; and, beyond all that, it is offensive +to the Senate. It is offensive to recommend legislation for the +dissolution of the Union--offensive to the Senate and to the whole +country. If this Union is ever to be dissolved, it must be by the action +of the States and their people. Whatever power Congress holds, it bolds +under the Constitution, and that power is but a part of the Union. +Congress has no power to legislate upon that which will be the +destruction of the whole foundation upon which its authority rests. + +I recollect, a good many years ago, that the Senator from Massachusetts +[Mr. John Davis], who addressed the Senate this morning, very pointedly +described the right of petition as a very humble right--as the mere +right to beg. This is my own view. The right peaceably to assemble, I +hold as the right which it was intended to grant to the people; that was +the only right which had ever been denied in our colonial condition. The +right of petition had never been denied by Parliament. It was intended +only to secure to the people, I say, the right peaceably to assemble, +whenever they choose to do so, with intent to petition for a redress of +grievances. + +But, sir, the right of petition, though but a poor right--the mere right +to beg--may yet be carried to such an extent that we are bound to abate +it as a nuisance. If the avenues to the Capitol were to be obstructed, +so that members would find themselves unable to reach the halls of +legislation, because hordes of beggars presented themselves in the way +calling for relief, it would be a nuisance that would require to be +abated, and Congress, in self-defense, would be compelled to remove +them. But such a collection of beggars would not be half so great an +evil as the petitions presented here on the subject of slavery. They +disturb the peace of the country; they impede and pervert legislation by +the excitement they create; they do more to prevent rational +investigation and proper action in this body than any, if not all, other +causes. Good, if ever designed, has never resulted, and it would be +difficult to suppose that good is expected ever to flow from them. Why, +then, should we be bound to receive such petitions to the detriment of +the public business; or, rather, why are they presented? I am not of +those who believe we should be turned from the path of duty by +out-of-door clamor, or that the evil can be removed by partial +concession. To receive is to give cause for further demands, and our +direct and safe course is rejection. + +Yes, sir, their reception would serve only to embarrass Congress, to +disturb the tranquillity of the country, and to peril the Union of the +States. By every obligation, therefore, that rests upon us under the +Constitution, upon every great principle upon which the Constitution is +founded, we are bound to abate this as a great and growing evil. This +petition, sir, was well described by the Senator from Pennsylvania as +being spurious; and I have been assured of the fact, from other sources +of information, that petitions are sent round in reference to other +subjects--of temperance, generally--and, after a long list of names has +been obtained, the caption is cut off, and the list of signatures +attached to an abolition caption and sent here to excite one section of +the Union against the other, to disturb the country, and distract the +legislation of Congress, to execute which we have our seats in this +Chamber. For the reasons first stated, I voted to receive the +resolutions that were presented by the Senator from North Carolina, and +for the reasons I have just given shall vote to reject this petition. + + +Conclusion of speech of Jefferson Davis, of Mississippi, in the Senate +of the United States, on the resolutions of Mr. Clay, relative to +slavery in the Territories, etc., February 13 and 14, 1850. + +... Sir, it has been asked on several occasions during the present +session, What ground of complaint has the South? Is this agitation in +the two halls of Congress, in relation to the domestic institutions of +the South, no subject for complaint? Is the denunciation heaped upon us +by the press of the North, and the attempts to degrade us in the eyes of +Christendom--to arraign the character of our people and the character of +our fathers, from whom our institutions are derived--no subject for +complaint? Is this sectional organization, for the purpose of hostility +to our portion of the Union, no subject for complaint? Would it not, +between foreign nations--nations not bound together and restrained as we +are by compact--would it not, I say, be just cause for war? What +difference is there between organizations for circulating incendiary +documents and promoting the escape of fugitives from a neighboring State +and the organization of an armed force for the purpose of invasion? Sir, +a State relying securely on its own strength would rather court the open +invasion than the insidious attack. And for what end, sir, is all this +aggression? They see that the slaves in their present condition in the +South are comfortable and happy; they see them advancing in +intelligence; they see the kindest relations existing between them and +their masters; they see them provided for in age and sickness, in +infancy and in disability; they see them in useful employment, +restrained from the vicious indulgences to which their inferior nature +inclines them; they see our penitentiaries never filled, and our +poor-houses usually empty. Let them turn to the other hand, and they see +the same race in a state of freedom at the North; but, instead of the +comfort and kindness they receive at the South, instead of being happy +and useful, they are, with few exceptions, miserable, degraded, filling +the penitentiaries and poor-houses, objects of scorn, excluded in some +places from the schools, and deprived of many other privileges and +benefits which attach to the white men among whom they live. And yet +they insist that elsewhere an institution which has proved beneficial to +this race shall be abolished, that it may be substituted by a state of +things which is fraught with so many evils to the race which they claim +to be the object of their solicitude! Do they find in the history of St. +Domingo, and in the present condition of Jamaica, under the recent +experiments which have been made upon the institution of slavery in the +liberation of the blacks, before God, in his wisdom, designed it should +be done--do they there find anything to stimulate them to future +exertion in the cause of abolition? Or should they not find there +satisfactory evidence that their past course was founded in error? And +is it not the part of integrity and wisdom, as soon as they can, to +retrace their steps? Should they not immediately cease from a course +mischievous in every stage, and finally tending to the greatest +catastrophe? We may dispute about measures, but, as long as parties have +nationality, as long as it is a difference of opinion between +individuals passing into every section of the country, it threatens no +danger to the Union. If the conflicts of party were the only cause of +apprehension, this Government might last for ever--the last page of +human history might contain a discussion in the American Congress upon +the meaning of some phrase, the extent of the power conferred by some +grant of the Constitution. It is, sir, these sectional divisions which +weaken the bonds of union and threaten their final rupture. It is not +differences of opinion--it is geographical lines, rivers and +mountains--which divide State from State, and make different nations of +mankind. + +Are these no subjects of complaint for us? And do they furnish no cause +for repentance to you? Have we not a right to appeal to you as brethren +of this Union? Have we not a right to appeal to you, as brethren bound +by the compact of our fathers, that you should, with due regard to your +own rights and interests and constitutional obligations, do all that is +necessary to preserve our peace and promote our prosperity? + +If, sir, the seeds of disunion have been sown broadcast over this land, +I ask by whose hand they have been scattered? If, sir, we are now +reduced to a condition when the powers of this Government are held +subservient to faction; if we can not and dare not legislate for the +organization of territorial governments--I ask, sir, who is responsible +for it? And I can with proud reliance say, it is not the South--it is +not the South! Sir, every charge of disunion which is made on that part +of the South which I in part represent, and whose sentiments I well +understand, I here pronounce to be grossly calumnious. The conduct of +the State of Mississippi in calling a convention has already been +introduced before the Senate; and on that occasion I stated, and now +repeat, that it was the result of patriotism, and a high resolve to +preserve, if possible, our constitutional Union; that all its +proceedings were conducted with deliberation, and it was composed of the +first men of the State. + +The Chief-Justice--a man well known for his high integrity, for his +powerful intellect, for his great legal attainments, and his ability in +questions of constitutional law-presided over that Convention. After +calm and mature deliberation, resolutions were adopted, not in the +spirit of disunion, but announcing, in the first resolution of the +series, their attachment to the Union. They call on their brethren of +the South to unite with them in their holy purpose of preserving the +Constitution, which is its only bond and reliable hope. This was their +object; and for this and for no other purpose do they propose to meet in +general convention at Nashville. As I stated on a former occasion, this +was not a party movement in Mississippi. The presiding officer belongs +to the political minority in the State; the two parties in the State +were equally represented in the numbers of the Convention, and its +deliberations assumed no partisan or political character whatever. It +was the result of primary meetings in the counties; an assemblage of men +known throughout the State, having first met and intimated to those +counties a time when the State Convention should, if deemed proper, be +held. Every movement was taken with deliberation, and every movement +then taken was wholly independent of the action of anybody else; unless +it be intended, by the remarks made here, to refer its action to the +great principles of those who have gone before us, and who have left us +the rich legacy of the free institutions under which we live. If it be +attempted to assign the movement to the nullification tenets of South +Carolina, as my friend near me seemed to understand, then I say you must +go further back, and impute it to the State rights and strict- +construction doctrines of Madison and Jefferson. You must refer these in +their turn to the principles in which originated the Revolution and +separation of these then colonies from England. You must not stop there, +but go back still further, to the bold spirit of the ancient barons of +England. That spirit has come down to us, and in that spirit has all the +action since been taken. We will not permit aggressions. We will defend +our rights; and, if it be necessary, we will claim from this Government, +as the barons of England claimed from John, the grant of another _Magna +Charta_ for our protection. + +Sir, I can but consider it as a tribute of respect to the character for +candor and sincerity which the South maintains, that every movement +which occurs in the Southern States is closely scrutinized, and the +assertion of a determination to maintain their constitutional rights is +denounced as a movement of disunion; while violent denunciations against +the Union are now made, and for years have been made, at the North by +associations, by presses and conventions, yet are allowed to pass +unnoticed as the idle wind--I suppose for the simple reason that nobody +believed there was any danger in them. It is, then, I say, a tribute +paid to the sincerity of the South, that every movement of hers is +watched with such jealousy; but what shall we think of the love for the +Union of those in whom this brings us corresponding change of conduct, +who continue the wanton aggravations which have produced and justify the +action they deprecate? Is it well, is it wise, is it safe, to disregard +these manifestations of public displeasure, though it be the displeasure +of a minority? Is it proper, or prudent, or respectful, when a +representative, in accordance with the known will of his constituents, +addresses you the language of solemn warning, in conformity to his duty +to the Constitution, the Union, and to his own conscience, that his +course should be arraigned as the declaration of ultra and dangerous +opinions? If these warnings were received in the spirit in which they +are given, it would augur better for the country. It would give hopes +which are now denied us, if the press of the country, that great lever +of public opinion, would enforce these warnings, and bear them to every +cottage, instead of heaping abuse upon those whose love of ease would +prompt them to silence--whose speech, therefore, is evidence of +sincerity. Lightly and loosely, representatives of Southern people have +been denounced as disunionists by that portion of the Northern press +which most disturbs the harmony and endangers the perpetuity of the +Union. Such, even, has been my own case, though the man does not breathe +at whose door the charge of disunion might not as well be laid as at +mine. The son of a Revolutionary soldier, attachment to this Union was +among the first lessons of my childhood; bred to the service of my +country, from boyhood to mature age, I wore its uniform. Through the +brightest portion of my life I was accustomed to see our flag, historic +emblem of the Union, rise with the rising and fall with the setting sun. +I look upon it now with the affection of early love, and seek to +preserve it by a strict adherence to the Constitution, from which it had +its birth, and by the nurture of which its stars have come so much to +outnumber its original stripes. Shall that flag, which has gathered +fresh glory in every war, and become more radiant still by the conquest +of peace--shall that flag now be torn by domestic faction, and trodden +in the dust by sectional rivalry? Shall we of the South, who have shared +equally with you all your toils, all your dangers, all your adversities, +and who equally rejoice in your prosperity and your fame--shall we be +denied those benefits guaranteed by our compact, or gathered as the +common fruits of a common country? If so, self-respect requires that we +should assert them; and, as best we may, maintain that which we could +not surrender without losing your respect as well as our own. + +If, sir, this spirit of sectional aggrandizement--or, if gentlemen +prefer, this love they bear the African race--shall cause the disunion +of these States, the last chapter of our history will be a sad +commentary upon the justice and the wisdom of our people. That this +Union, replete with blessings to its own citizens, and diffusive of hope +to the rest of mankind, should fall a victim to a selfish aggrandizement +and a pseudo-philanthropy, prompting one portion of the Union to war +upon the domestic rights and peace of another, would be a deep +reflection on the good sense and patriotism of our day and generation. +But, sir, if this last chapter in our history shall ever be written, the +reflective reader will ask, Whence proceeded this hostility of the North +against the South? He will find it there recorded that the South, in +opposition to her own immediate interests, engaged with the North in the +unequal struggle of the Revolution. He will find again, that, when +Northern seamen were impressed, their brethren of the South considered +it cause for war, and entered warmly into the contest with the haughty +power then claiming to be mistress of the seas. He will find that the +South, afar off, unseen and unheard, toiling in the pursuits of +agriculture, had filled the shipping and supplied the staple for +manufactures, which enriched the North. He will find that she was the +great consumer of Northern fabrics--that she not only paid for these +their fair value in the markets of the world, but that she also paid +their increased value, derived from the imposition of revenue duties. +And, if, still further, he seeks for the cause of this hostility, it at +last is to be found in the fact that the South held the African race in +bondage, being the descendants of those who were mainly purchased from +the people of the North. And this was the great cause. For this the +North claimed that the South should be restricted from future +growth--that around her should be drawn, as it were, a sanitary cordon +to prevent the extension of a "moral leprosy"; and, if for that it shall +be written that the South resisted, it would be but in keeping with +every page she has added to the history of our country. + +It depends on those in the majority to say whether this last chapter in +our history shall be written or not. It depends on them now to decide +whether the strife between the different sections shall be arrested +before it has become impossible, or whether it shall proceed to a final +catastrophe. I, sir--and I only speak for myself--am willing to meet any +fair proposition--to settle upon anything which promises security for +the future; anything which assures me of permanent peace, and I am +willing to make whatever sacrifice I may properly be called on to render +for that purpose. Nor, sir, is it a light responsibility. If I strictly +measured my conduct by the late message of the Governor, and the recent +expressions of opinion in my State, I should have no power to accept any +terms save the unqualified admission of the equal rights of the citizens +of the South to go into any of the Territories of the United States with +any and every species of property held among us. I am willing, however, +to take my share of the responsibility which the crisis of our country +demands. I am willing to rely on the known love of the people I +represent for the whole country, and the abiding respect which I know +they entertain for the Union of these States. If, sir, I distrusted +their attachment to our Government, and if I believed that they had that +restless spirit of disunion which has been ascribed to the South, I +should know full well that I had no such foundation as this to rely +upon--no such great reserve in the heart of the people to fall back upon +in the hour of accountability. + +Mr. President, is there such incompatibility of interest between the two +sections of this country that they can not profitably live together? +Does the agriculture of the South injure the manufactures of the North? +On the other hand, are they not their life-blood? And think you, if one +portion of the Union, however great it might be in commerce and +manufactures, was separated from all the agricultural districts, that it +would long maintain its supremacy? If any one so believes, let him turn +to the written history of commercial states: let him look upon the +moldering palaces of Venice; let him ask for the faded purple of Tyre, +and visit the ruins of Carthage; there he will see written the fate of +every country which rests its prosperity on commerce and manufactures +alone. United we have grown to our present dignity and power--united we +may go on to a destiny which the human mind cannot measure. Separated, I +feel that it requires no prophetic eye to see that the portion of the +country which is now scattering the seeds of disunion to which I have +referred will be that which will suffer most. Grass will grow on the +pavements now worn by the constant tread of the human throng which waits +on commerce, and the shipping will abandon your ports for those which +now furnish the staples of trade. And we who produce the great staples +upon which your commerce and manufactures rest, we will produce those +staples still; shipping will fill our harbors; and why may we not found +the Tyre of modern commerce within our own limits? Why may we not bring +the manufacturers to the side of agriculture, and commerce, too, the +ready servant of both? + +But, sir, I have no disposition to follow this subject. I certainly can +derive no pleasure from the contemplation of anything which can impair +the prosperity of any portion of this Union; and I only refer to it that +those who suppose we are tied by interest or fear should look the +question in the face and understand that it is mainly a feeling of +attachment to the Union which has long bound, and now binds, the South. +But, Mr. President, I ask Senators to consider how long affection can be +proof against such trial, and injury, and provocation, as the South is +continually receiving. + +The case in which this discrimination against the South is attempted, +the circumstances under which it was introduced, render it especially +offensive. It will not be difficult to imagine the feeling with which a +Southern soldier during the Mexican war received the announcement that +the House of Representatives had passed that odious measure, the Wilmot +Proviso; and that he, although then periling his life, abandoning all +the comforts of home, and sacrificing his interests, was, by the +Legislature of his country, marked as coming from a portion of the Union +which was not entitled to the equal benefits of whatever might result +from the service to which he was contributing whatever power he +possessed. Nor will it be difficult to conceive, of the many sons of the +South whose blood has stained those battle-fields, whose ashes now +mingle with Mexican earth, that some, when they last looked on the flag +of their country, may have felt their dying moments embittered by the +recollection that that flag cast not an equal shadow of protection over +the land of their birth, the graves of their parents, and the homes of +their children, so soon to be orphans. Sir, I ask Northern Senators to +make the case their own--to carry to their own firesides the idea of +such intrusion and offensive discrimination as is offered to us--realize +these irritations, so galling to the humble, so intolerable to the +haughty, and wake, before it is too late, from the dream that the South +will tamely submit. Measure the consequences to us of your assumption, +and ask yourselves whether, as a free, honorable, and brave people, you +would submit to it? + +It is essentially the characteristic of the chivalrous that they never +speculate upon the fears of any man, and I trust that no such +speculations will be made upon the idea that may be entertained in any +quarter that the South, from fear of her slaves, is necessarily opposed +to a dissolution of the Union. She has no such fear; her slaves would be +to her now, as they were in the Revolution, an element of military +strength. I trust that no speculations will be made upon either the +condition or the supposed weakness of the South. They will bring sad +disappointments to those who indulge them. Rely upon her devotion to the +Union, rely upon the feeling of fraternity she inherited and has never +failed to manifest; rely upon the nationality and freedom from sedition +which have in all ages characterized an agricultural people; give her +justice, sheer justice, and the reliance will never fail you. + +Then, Mr. President, I ask that some substantial proposition may be made +by the majority in regard to this question. It is for those who have the +power to pass it to propose one. It is for those who are threatening us +with the loss of that which we are entitled to enjoy, to state, if there +be any compromise, what that compromise is. We are unable to pass any +measure, if we propose it; therefore I have none to suggest. We are +unable to bend you to any terms which we may offer; we are under the ban +of your purpose: therefore from you, if from anywhere, the proposition +must come. I trust that we shall meet it, and bear the responsibility as +becomes us; that we shall not seek to escape from it; that we shall not +seek to transfer to other places, or other times, or other persons, that +responsibility which devolves upon us; and I hope the earnestness which +the occasion justifies will not be mistaken for the ebullition of +passion, nor the language of warning be construed as a threat. We +cannot, without the most humiliating confession of the supremacy of +faction, evade our constitutional obligations, and our obligations under +the treaty with Mexico to organize governments in the Territories of +California and New Mexico. I trust that we will not seek to escape from +the responsibility, and leave the country unprovided for, unless by an +irregular admission of new States; that we will act upon the good +example of Washington in the case of Tennessee, and of Jefferson in the +case of Louisiana; that we will not, if we abandon those high standards, +do more than come down to modern examples; that we will not go further +than to permit those who have the forms of government, under the +Constitution, to assume sovereignty over territory of the United States; +that we may at least, I say, assert the right to know who they are, how +many they are--where they voted, how they voted--and whose certificate +is presented to us of the fact, before it is conceded to them to +determine the fundamental law of the country, and to prescribe the +conditions on which other citizens of the United States may enter it. To +reach all this knowledge, we must go through the intermediate stage of +territorial government. + +How will you determine what is the seal, and who are the officers, of a +community unknown as an organized body to the Congress of the United +States? Can the right be admitted in that community to usurp the +sovereignty over territory which belongs to the States of the Union? All +these questions must be answered before I can consent to any such +irregular proceeding as that which is now presented in the case of +California. + +Mr. President, thanking the Senate for the patience they have shown +toward me, I again express the hope that those who have the power to +settle this distracting question--those who have the ability to restore +peace, concord, and lasting harmony to the United States--will give us +some substantial proposition, such as magnanimity can offer, and such as +we can honorably accept. I, being one of the minority in the Senate and +the Union, have nothing to offer, except an assurance of cooeperation in +anything which my principles will allow me to adopt, and which promises +permanent, substantial security. + + + + +APPENDIX D. + + +Speech of Mr. Davis, of Mississippi, in the Senate of the United States +(chiefly in answer to Mr. Fessenden, of Maine, on the message of the +President of the United States transmitting to Congress the "Lecompton +Constitution" of Kansas), February 8, 1858: + +I wish to express not only my concurrence with the message of the +President, but my hearty approbation of the high motive which actuated +him when he wrote it. In that paper breathes the sentiment of a patriot, +and it stands out in bold contrast with the miserable slang by which he +was pursued this morning. It may serve the purposes of a man who little +regards the Union to perpetrate a joke on the hazard of its dissolution. +It may serve the purpose of a man who never looks to his own heart to +find there any impulses of honor, to arraign everybody, the President +and the Supreme Court, and to have them impeached and vilified on his +mere suspicion. It ill becomes such a man to point to Southern +institutions as to him a moral leprosy, which he is to pursue to the end +of extermination, and, perverting everything, ancient and modern, to +bring it tributary to his own malignant purposes. Not even could that +clause of the Constitution which refers to the importation or migration +of persons be held up to public consideration by the Senator [Mr. +Fessenden] in a studied argument, save as a permission for the +slave-trade. Then, everything that is most prominent in relation to the +protection of property in that instrument he holds to have been swept +away by a statute which prohibited the further importation of Africans. +The language of that clause of the Constitution is far broader than the +importation of Africans. It is not confined or limited at all to that +subject. It says: + +"The migration or importation of such persons as any of the States now +existing shall think proper to admit shall not be prohibited by the +Congress prior to the year 1808, but a tax or duty may be imposed on +such importation, not exceeding ten dollars for each person." + +That was a power given to Congress far broader than the slave-trade; and +yet the Senator gravely argues that, when that prohibition against the +further importation of Africans took place by act of Congress, +thenceforward the constitutional shield, which had been thrown over +slave property, fell. Sir, it is the only private property in the United +States which is specifically recognized in the Constitution and +protected by it. + +There was a time when there was a higher and holier sentiment among the +men who represented the people of this country. As far back as the time +of the Confederation, when no narrow, miserable prejudice between +Northern and Southern men governed those who ruled the States, a +committee of three, two of whom were Northern men, reporting upon what +they considered the bad faith of Spain in Florida, in relation to +fugitive slaves, proposed that negotiations should be instituted to +require Spain to surrender, as the States did then surrender, all +fugitives escaped into their limits. Hamilton and Sedgwick from the +North, and Madison from the South, made that report--men, the loftiness +of whose purpose and genius might put to shame the puny efforts now made +to disturb that which lies at the very foundation of the Government +under which we live. + +A man not knowing into what presence he was introduced, coming into this +Chamber, might, for a large part of this session, have supposed that +here stood the representatives of belligerent States, and that, instead +of men assembled here to confer together for the common welfare, for the +general good, he saw here ministers from States preparing to make war +upon each other; and then he would have felt that vain, indeed, was the +vaunting of the prowess of one to destroy another. Or if, sir, he had +known more--if he had recognized the representatives of the States of +the Union--still he would have traced through this same eternal, petty +agitation about sectional success, that limit which can not fail, +however the Senator from New York (Mr. Seward) may regret it, to bring +about a result which every man should, from his own sense of honor, +feel, when he takes his seat in this Chamber, that he is morally bound +to avoid as long as he retains possession of his seat. + +To express myself more distinctly: I hold that a Senator, while he sits +here as the representative of a State in the Federal Government, is in +the relation of a minister to a friendly court, and that the moment he +sees this Government in hostility to his own, the day he resolves to +make war on this Government, his honor and the honor of his State compel +him to vacate the seat he holds. + +It is a poor evasion for any man to say: "I make war on the rights of +one whole section; I make war on the principles of the Constitution; and +yet, I uphold the Union, and I desire to see it protected." Undermine +the foundation, and still pretend that he desires the fabric to stand! +Common sense rejects it. No one will believe the man who makes the +assertion, unless he believes him under the charitable supposition that +he knows not what he is doing. + +Sir, we are arraigned, day after day, as the aggressive power. What +Southern Senator, during this whole session, has attacked any portion, +or any interest, of the North? In what have we now, or ever, back to the +earliest period of our history, sought to deprive the North of any +advantage it possessed? The whole charge is, and has been, that we seek +to extend our own institutions into the common territory of the United +States. Well and wisely has the President of the United States pointed +to that common territory as the joint possession of the country. Jointly +we held it, jointly we enjoyed it in the earlier period of our country; +but when, in the progress of years, it became apparent that it could not +longer be enjoyed in peace, the men of that day took upon themselves, +wisely or unwisely, a power which the Constitution did not confer, and, +by a geographical line, determined to divide the Territories, so that +the common field, which brothers could not cultivate in peace, should +be held severally for the benefit of each. Wisely or unwisely, that law +was denied extension to the Pacific Ocean. + +I was struck, in the course of these debates, to which I have not +been in the habit of replying, to hear the Senator from New Hampshire +[Mr. Hale], who so very ardently opposed the extension of that line +to the Pacific Ocean, who held it to be a political stain upon the +history of our country, and who would not even allow the southern +boundary of Utah to be the parallel of 36° 30', because of the +political implication which was contained in it (the historical +character of the line), plead, as he did a few days ago, for the +constitutionality and legality and for the sacred character of that +so-called Missouri Compromise. + +I, for one, never believed Congress had the power to pass that law; +yet, as one who was willing to lay down much then, as I am now, to +the peace, the harmony, and the welfare of our common country, I +desired to see that line extended to the Pacific Ocean, and that +strife which now agitates the country never renewed; but with a +distinct declaration: "Go ye to the right, and we will go to the +left; and we go in peace and good-will toward each other." Those +who refused then to allow the extension of that line, those who +declared then that it was a violation of principle, and insisted +on what they termed non-intervention, must have stood with very +poor grace in the same Chamber when, at a subsequent period, the +Senator from Illinois [Mr. Docoias], bound by his honor on account +of his previous course, moved the repeal of that line to throw open +Kansas; they must have stood with very bad grace, in this presence, +to argue that that line was now sacred, and must be kept for ever. + +The Senator from Illinois stood foremost as one who was willing, at +an early period, to sacrifice his own prejudices and his own interests +(if, in deed, his interests be girt and bounded by the limits of a +State) by proposing to extend that line of pacification to the +Pacific Ocean; and, failing in that, then became foremost in the +advocacy of the doctrine of non-intervention; and upon that, I say, +he was in honor bound to wipe out that line and throw Kansas open, +like any other Territory. But, sir, was it then understood by the +Senator from Illinois, or anybody else, that throwing open the +Territory of Kansas to free emigration was to be the signal for the +marching of cohorts from one section or another to fight on that +battle field for mastery? Or, did he not rather think that +emigration was to be allowed to take its course, and soil and +climate be permitted to decide the great question? We were willing +to abide by it. We were willing to leave natural causes to decide +the question. Though I differed from the +Senator from New York [Mr. Seward], though I did not believe +that natural causes, if permitted to flow in their own channel, would +have produced any other result than the introduction of slave property +into the Territory of Kansas, I am free to admit that I have not yet +reached the conclusion that that property would have permanently +remained there. That is a question which interest decides. Vermont would +not keep African slaves, because they were not valuable to her; neither +will any population, whose density is so great as to trade rapidly on +the supply of bread, be willing to keep and maintain an improvident +population, to feed them in infancy, to care for them in sickness, to +protect them in age. And thus it will be found in the history of +nations, that, whenever population has reached that density in the +temperate zones, serfdom, villenage, or slavery, whatever it has been +called, has disappeared. + +Ours presents a new problem, one not stated by those who wrote on it in +the earlier period of our history. It is the problem of a semi-tropical +climate, the problem of malarial districts, of staple products. This +produces a result different from that which would be found in the +farming districts and cooler climates. A race suited to our labor exists +there. Why should we care whether they go into other Territories or not? +Simply because of the war which is made against our institutions; simply +because of the want of security which results from the action of our +opponents in the Northern States. Had you made no political war upon us, +had you observed the principles of our confederacy as States, that the +people of each State were to take care of their domestic affairs, or, in +the language of the Kansas bill, to be left perfectly free to form and +regulate their institutions in their own way, then, I say, within the +limits of each State the population there would have gone on to attend +to their own affairs, and would have had little regard to whether this +species of property, or any other, was held in any other portion of the +Union. You have made it a political war. We are on the defensive. How +far are you to push us? + +The Senator from Alabama [Mr. Clay] has been compelled to notice the +resolutions of his State; nor does that State stand alone. To what issue +are you now pressing us? To the conclusion that, because within the +limits of a Territory slaves are held as property, a State is to be +excluded from the Union. I am not in the habit of paying lip-service to +the Union. The Union is strong enough to confer favors; it is strong +enough to command service. Under these circumstances, the man deserves +but little credit who sings paeans to its glory. If, through a life, now +not a short one, a large portion of which has been spent in the public +service, I have given no better proof of my affection for this Union +than by declarations, I have lived to little purpose, indeed. I think I +have given evidence, in every form in which patriotism is ever subjected +to a test, and I trust, whatever evil may be in store for us by those +who wage war on the Constitution and our rights under it, that I shall +be able to turn at least to the past and say, "Up to that period when I +was declining into the grave, I served a Government I loved, and served +it with my whole heart." Nor will I stop to compare services with those +gentlemen who have fair phrases, while they undermine the very +foundation of the temple our fathers built. If, however, there be those +here who do really love the Union, and the Constitution, which is the +life-blood of the Union, the time has come when we should look calmly, +though steadily, the danger which besets us in the face. + +Violent speeches, denunciatory of people in any particular section of +the Union, the arraignment of institutions which they inherited and +intend to transmit, as leprous spots on the body-politic, are not the +means by which fraternity is to be preserved, or this Union rendered +perpetual. These were not the arguments which our fathers made when, +through the struggles of the Revolutionary War, they laid the foundation +of the Union. These are not the principles on which our Constitution, a +bundle of compromises, was made. Then the navigating and the +agricultural States did not war to see which could most injure the +other; but each conceded something from that which it believed to be its +own interest to promote the welfare of the other. Those debates, while +they brought up all that straggle which belongs to opposite interests +and opposite localities, show none of that bitterness which, so +unfortunately, characterizes every debate in which this body is +involved. + +The meanest thing--I do not mean otherwise than the smallest +thing--which can arise among us, incidentally, runs into this sectional +agitation, as though it were an epidemic and gave its type to every +disease. Not even could the committees of this body, when we first +assembled, before any one had the excuse of excitement to plead, be +organized without sectional agitation springing up. Forcibly, I suppose +gravely and sincerely, it was contended here that a great wrong was done +because New York, the great commercial State, and the emporium of +commerce within her limits, was not represented upon the Committee of +Commerce. This will go forth to remote corners, and descend, perhaps, to +after-times, as an instance in which the Democratic party of the Senate +behaved with unfairness toward its opponents; for with it will not +descend the fact that the Democratic party only arranged for itself its +own portion of the committees, taking the control of them, and left +blanks on the committees to be filled by the Opposition; that the +Opposition did fill the blanks; that the Opposition had both the +Senators from New York, but did not choose to put either of them on that +committee, though it afterward formed the basis and staple of their +complaint. + +Mr. President, I concur with my friend from Virginia [Mr. Hunter], and +when I rose I did not intend to consume anything like so much time as I +have occupied. I think there are points, which have been sprung upon the +Senate to-day and heretofore, that require to be answered and to be met. +Like my friend from Virginia, I shall feel that it devolves on me, as a +representative in part of that constituency which is peculiarly +assailed, on another occasion to meet, and, if I am able, to answer, the +allegations and accusations which have been heaped, as well on the +section in which I live as upon every man who has performed his duty by +extending over them the protection for which our Constitution and +Government were formed. + + + + +APPENDIX E. + + +In the summer of 1858, Mr. Davis being in Portland, Maine, a vast +concourse of its citizens assembled in front of his hotel to offer him a +welcome to their city, whereupon he made to them an address, from which +the following extracts are given: + +Fellow-Citizens: Accept my sincere thanks for this manifestation of your +kindness. Vanity does not lead me so far to misconceive your purpose as +to appropriate the demonstration to myself; but it is not the less +gratifying to me to be made the medium through which Maine tenders an +expression of regard to her sister, Mississippi. It is, moreover, with +feelings of profound gratification that I witness this indication of +that national sentiment and fraternity which made us, and which alone +can keep us, one people. At a period but as yesterday, when compared +with the life of nations, these States were separate, and in some +respects opposing colonies; their only relation to each other was that +of a common allegiance to the Government of Great Britain. So separate, +indeed almost hostile, was their attitude, that when General Stark, of +Bennington memory, was captured by savages on the head-waters of the +Kennebec, he was subsequently taken by them to Albany, where they went +to sell furs, and again led away a captive, without interference on the +part of the inhabitants of that neighboring colony to demand or obtain +his release. United as we now are, were a citizen of the United States, +as an act of hostility to our country, imprisoned or slain in any +quarter of the world, whether on land or sea, the people of each and +every State of the Union, with one heart and with one voice, would +demand redress, and woe be to him against whom a brother's blood cried +to as from the ground! Such is the fruit of the wisdom and the justice +with which our fathers bound contending colonies into confederation, and +blended different habits and rival interests into an harmonious whole, +so that, shoulder to shoulder, they entered on the trial of the +Revolution, and step with step trod its thorny paths until they reached +the height of national independence, and founded the constitutional +representative liberty which is our birthright.... + +By such men, thus trained and ennobled, our Constitution was framed. It +stands a monument of principle, of forecast, and, above all, of that +liberality which made each willing to sacrifice local interest, +individual prejudice, or temporary good to the general welfare and the +perpetuity of the republican institutions which they had passed through +fire and blood to secure. The grants were as broad as were necessary for +the functions of the general agent, and the mutual concessions were +twice blessed, blessing him who gave and him who received. Whatever was +necessary for domestic government--requisite in the social organization +of each community--was retained by the States and the people thereof; +and these it was made the duty of all to defend and maintain. Such, in +very general terms, is the rich political legacy our fathers bequeathed +to us. Shall we preserve and transmit it to posterity? Yes, yes, the +heart responds; and the judgment answers, the task is easily performed. +It but requires that each should attend to that which most concerns him, +and on which alone he has rightful power to decide and to act; that each +should adhere to the terms of a written compact, and that all should +cooeperate for that which interest, duty, and honor demand. + +For the general affairs of our country, both foreign and domestic, we +have a national Executive and a national Legislature. Representatives +and Senators are chosen by districts and by States, but their acts +affect the whole country, and their obligations are to the whole people. +He, who, holding either seat, would confine his investigations to the +mere interests of his immediate constituents, would be derelict to his +plain duty; and he who would legislate in hostility to any section would +be morally unfit for the station, and surely an unsafe depositary, if +not a treacherous guardian, of the inheritance with which we are +blessed. No one more than myself recognizes the binding force of the +allegiance which the citizen owes to the State of his citizenship, but, +that State being a party to our compact, a member of the Union, fealty +to the Federal Constitution is not in opposition to, but flows from the +allegiance due to, one of the United States. Washington was not less a +Virginian when he commanded at Boston, nor did Gates or Greene weaken +the bonds which bound them to their several States by their campaigns in +the South. In proportion as a citizen loves his own State will he strive +to honor her by preserving her name and her fame, free from the tarnish +of having failed to observe her obligations and to fulfill her duties to +her sister States. Each page of our history is illustrated by the names +and deeds of those who have well understood and discharged the +obligation. Have we so degenerated that we can no longer emulate their +virtues? Have the purposes for which our Union was formed lost their +value? Has patriotism ceased to be a virtue, and is narrow sectionalism +no longer to be counted a crime? Shall the North not rejoice that the +progress of agriculture in the South has given to her great staple the +controlling influence of the commerce of the world, and put +manufacturing nations under bond to keep the peace with the United +States? + +Shall the South not exult in the fact that the industry and persevering +intelligence of the North have placed her mechanical skill in the front +ranks of the civilized world; that our mother-country, whose haughty +minister, some eighty-odd years ago, declared that not a hobnail should +be made in the colonies which are now the United States, was brought, +some four years ago, to recognize our preeminence by sending a +commission to examine our workshops and our machinery, to perfect their +own manufacture of the arms requisite for their defense? Do not our +whole people, interior and seaboard, North, South, East, and West, alike +feel proud of the hardihood, the enterprise, the skill, and the courage +of the Yankee sailor, who has borne our flag far as the ocean bears its +foam, and caused the name and character of the United States to be known +and respected wherever there is wealth enough to woo commerce, and +intelligence to honor merit? So long as we preserve and appreciate the +achievements of Jefferson and Adams, of Franklin and Madison, of +Hamilton, of Hancock, and of Rutledge, men who labored for the whole +country, and lived for mankind, we can not sink to the petty strife +which would sap the foundations and destroy the political fabric our +fathers erected and bequeathed as an inheritance to our posterity for +ever. + +Since the formation of the Constitution, a vast extension of territory +and the varied relations arising therefrom have presented problems which +could not have been foreseen. It is just cause for admiration, even +wonder, that the provisions of the fundamental law should have been so +fully adequate to all the wants of a government, new in its +organization, and new in many of the principles on which it was founded. +Whatever fears may have once existed as to the consequences of +territorial expansion must give way before the evidence which the past +affords. The General Government, strictly confined to its delegated +functions, and the State left in the undisturbed exercise of all else, +we have a theory and practice which fit our Government for immeasurable +domain, and might, under a millennium of nations, embrace mankind. + +From the slope of the Atlantic our population, with ceaseless tide, has +poured into the wide and fertile valley of the Mississippi, with eddying +whirl has passed to the coast of the Pacific; from the West and the East +the tides are rushing toward each other, and the mind is carried to the +day when all the cultivable land will be inhabited, and the American +people will sigh for more wilderness to conquer. But there is here a +physico-political problem presented for our solution. Were it purely +physical, your past triumphs would leave but little doubt of your +capacity to solve it. A community which, when less than twenty thousand, +conceived the grand project of crossing the White Mountains, and +unaided, save by the stimulus which jeers and prophecies of failure +gave, successfully executed the herculean work, might well be impatient +if it were suggested that a physical problem was before us too difficult +for mastery. The history of man teaches that high mountains and wide +deserts have resisted the permanent extension of empire, and have formed +the immutable boundaries of states. From time to time, under some able +leader, have the hordes of the upper plains of Asia swept over the +adjacent country, and rolled their conquering columns over Southern +Europe. Yet, after the lapse of a few generations, the physical law to +which I have referred has asserted its supremacy, and the boundaries of +those states differ little now from those which were obtained three +thousand years ago. + +Rome flew her conquering eagles over the then known world, and has now +subsided into the little territory on which the great city was +originally built. The Alps and the Pyrenees have been unable to restrain +imperial France; but her expansion was a feverish action, her advance +and her retreat were tracked with blood, and those mountain-ridges are +the reestablished limits of her empire. Shall the Rocky Mountains prove +a dividing barrier to us? Were ours a central, consolidated Government, +instead of a Union of sovereign States, our fate might be learned from +the history of other nations. Thanks to the wisdom and independent +spirit of our forefathers, this is not the case. Each State having sole +charge of its local interests and domestic affairs, the problem, which +to others has been insoluble, to us is made easy. Rapid, safe, and easy +communication between the Atlantic and the Pacific will give +cointelligence, unity of interest, and cooeperation among all parts of +our continent-wide republic. The network of railroads which bind the +North and the South, the slope of the Atlantic and the valley of the +Mississippi, together, testifies that our people have the power to +perform, in that regard, whatever it is their will to achieve. + +We require a railroad to the States of the Pacific for present uses; the +time no doubt will come when we shall have need of two or three, it may +be more. Because of the desert character of the interior country, the +work will be difficult and expensive. It will require the efforts of a +united people. The bickerings of little politicians, the jealousies of +sections, must give way to dignity of purpose and zeal for the common +good. If the object be obstructed by contention and division as to +whether the route shall be Northern, Southern, or central, the +handwriting is on the wall, and it requires little skill to see that +failure is the interpretation of the inscription. You are practical +people, and may ask, How is that contest to be avoided? By taking the +question out of the hands of politicians altogether. Let the Government +give such aid as it is proper for it to render to the company which +shall propose the most feasible plan; then leave to capitalists, with +judgments sharpened by interest, the selection of the route, and the +difficulties will diminish, as did those which you overcame when you +connected your harbor with the Canadian provinces. + +It would be to trespass on your kindness, and to violate the proprieties +of the occasion, were I to detain the vast concourse which stands before +me, by entering on the discussion of controverted topics, or by further +indulging in the expression of such reflections as circumstances +suggest. I came to your city in quest of health and repose. From the +moment I entered it you have showered upon me kindness and hospitality. +Though my experience has taught me to anticipate good rather than evil +from my fellow-man, it had not prepared me to expect such unremitting +attentions as have here been bestowed. I have been jocularly asked in +relation to my coming here, whether I had secured a guarantee for my +safety, and lo! I have found it. I stand in the midst of thousands of my +fellow-citizens. But, my friends, I came neither distrusting nor +apprehensive.... + + +In the autumn of 1858 Mr. Davis visited Boston, and was invited to +address a public meeting at Faneuil Hall. He was introduced by the Hon. +Caleb Cushing, with whom he had been four years associated in the +Cabinet of President Pierce. Mr. Cushing's speech, on account of its +great merit, is inserted here, except some complimentary portions of it. + +Mr. President--Fellow Citizens: I present myself before you at the +instance of your chairman, not so much in order to occupy your time with +observations of my own, as to prepare you for that higher gratification +which you are to receive from the remarks of the eminent man here +present to address you in the course of the evening. I will briefly and +only suggest to you such reflections as are appropriate to that duty. + +We are assembled here, my friends, at the call of the Democratic ward +and county committee of Suffolk, for the purpose of ratifying the +nominations made at the late Democratic State Convention--the nomination +of our distinguished and honored fellow-citizen [Hon. Erasmus D. Beach] +who has already addressed to you the words of wisdom and of patriotism; +as also the nomination of others of our fellow-citizens, whom--if we +may--we ought, whom the welfare and the honor of our Commonwealth demand +of us, to place in power in the stead of the existing authorities of the +Commonwealth. I would to God it were in our power to say with confidence +that shall be done! ["It can be done."] We do say that it shall not +depend upon us that it shall not be done. We do say that in so far as +depends upon us it shall be done; and whatsoever devoted love of our +country and our Commonwealth; whatsoever of our noble and holy +principles; whatsoever desire to vindicate our Commonwealth from the +stain that has so long rested upon the name may prompt us to do, that we +will do, leaving the result to the good providence of God. + +I say we are invited here by the ward and county committee to ratify +these nominations, and we do ratify them with our whole heart. And we +pledge our most earnest efforts at the polls to give success to these +nominations. That call is comprehensive; it is addressed not only to +Democrats, but to all national men, and so it should be. We know full +well that there are multitudes of men in this Commonwealth who oppose +the Democratic party, but who are yet impelled toward us by sympathy for +the principles we profess, and by the repulsion they have toward the +opinions and purposes of the leaders of the Republican party. They +sympathize with our principles, and we invite them to cooeperate with us +in the maintenance of the principles of the Constitution and in the +vindication of the Commonwealth--all national men, whatsoever may have +been their past party affinities. But, while we do so, we declare that +it is our belief that the Democratic party is now recognized as that +only existing national party in the United States--the only +constitutional party--the only party which by its present principles is +competent to govern these United States, whose principles are based upon +the Constitution--the only party with a platform coextensive with this +great Union--this is the great Democratic party. I have heard again and +again, remonstrances have been addressed to me more than once, because +of the condemnation which Democratic speakers so continually utter about +the unnationality as well as the unconstitutionality of the Republican +party. + +Let us reflect a moment; let us recall to mind that the honor of the +existing organization of this Federal Administration was by the votes of +the people of these United States sustained when James Buchanan was +nominated for the Presidency, and that he is a worthy representative of +the Democratic party. Let us reflect also that John C. Fremont was +nominated as the candidate of the Republican party. I pray you, +gentlemen, to reflect upon the different methods by which these +nominations were presented to the people of the United States. On the +one hand, there assembled at the Democratic Convention, at Cincinnati, +the delegates of every one of the States in the Union. That Convention +was national in its constitution, national in its character, national in +its purpose, and cordially presented to the suffrages of the people of +the United States a national candidate, a candidate of the whole United +States; and that candidate was elected not by the votes of one section +of the Union alone, or another section of the Union alone, but by the +concurrent votes of the South and the North. + +How was it on the other side? On the other side there assembled a +convention which, by the very tenor of its call, was confined to sixteen +of the thirty-one States of the Union, which, by the very tenor of its +call, excluded from its councils fifteen of the thirty-one States of the +Union, a convention in which appeared the representatives of only +sixteen of the States of the Union--nay, I mistake--as to the remaining +fifteen States of the Union, in their name, pretendedly in their name +and their behalf, there appeared one man--one man only--and he a +self-appointed delegate by pretension from the State of Maryland. That +was the Convention which presented John C. Fremont to the people of the +United States. I say that was a sectional Convention, a sectional +nomination, a sectional party; and no reasoning, no remonstrances, no +protestations, can discharge the Republican party from the ineffaceable +stigma of that sectional Convention, that sectional nomination, and that +sectional candidate for the suffrages of the United States. That party +itself has placed upon its back that shirt of Nessus which clings to it +and stings it to death. I repeat, then, and I say it in confidence and +vindication, in so far as regards my own belief, I say it in all good +spirit toward multitudes of men in this Commonwealth of the Whig and +American parties in their heretofore organization; I say it to +multitudes of men who have been betrayed by the passions of the hour +into joining the sectional combinations of the Republican party; I say +that in the Democratic party and in that alone is the tower of strength +for the liberties, the position, and the honor of the United States. But +why need I indulge in these reflections in proof of my proposition? +Gentlemen, we have here this evening the living proof, the visible, +tangible, audible, incontestable, immortal proof, that the position of +the Democratic party, in the existing organization of parties, is the +national, constitutional party of the United States. Gentlemen, I ask +you to challenge your memories, and look upon the history of the past +four years of the United States, and can you point me to a Republican +assembly here, in the city of Boston, or anywhere else; can you point me +in the last four years of our history to any occasion on which Faneuil +Hall has been crowded to its utmost capability with a Republican +assembly in which appeared any one of those preeminent statesmen of the +Southern States to honor not merely their States, but these United +States? When, sir, did that ever happen? When, sir, was that a possible +fact, morally speaking, that any eminent Southern statesman appeared in +a Republican assembly in any one of the States of this Union? There +never was a Republican assembly--an assembly of the Republican party in +fifteen of these States--and I again ask, when, in the remaining sixteen +States, was there ever convened an assembly of the Republican party +which, by reason of bigotry, proscriptive bigotry, of unnational hatred +of the South, and of determined insult of all Southern statesmen, did +not render it an impossible fact that any Southern statesman should thus +make his appearance as a member in such Republican Convention? You know +it is so, gentlemen; and yet, have we not a common country? Did those +thirteen colonies which, commencing with that combat at Concord, and +following it with that battle at Bunker's Hill, and pursuing it in every +battlefield of this continent, did those thirteen colonies form one +country or thirteen countries? Nay, did they form two countries, or one +country? I would imagine when I listen to a Republican speech here in +the State of Massachusetts, when I read a Republican address in +Massachusetts, I would imagine fifteen States of this Union--our +fellow-citizens or fellow-sufferers, our fellow-heroes of the +Revolution--I would imagine not that they are our countrymen endeared to +us by ties of consanguinity, but that they are from some foreign +country, that they belong to some French or British or Mexican enemies. +There never was a day in which the forces of war were marshaled against +the most flagrant abuses toward these United States; there never was a +war in which these United States have been engaged, never even in the +death-struggle of the Revolution, never in our war for maritime +independence, never in our war with France and Mexico, never was there a +time when any party in these United States expressed, avowed, +proclaimed, ostentatiously proclaimed more intense hostility to the +British, French, Mexican enemy, than I have heard uttered or proclaimed +concerning our fellow-citizens--brothers in the fifteen States of this +Union. It is the glory of the Democratic party that we can assume the +burden of our nationality for the Union; that we can make all due +sacrifices in order to show our reprobation of sectionalism, that we of +the North can sacrifice to the South, from dear attachment to our +fellow-citizens of the South, and they in the South in like manner meet +with us upon that ground, in order to show their love for the Federal +Union, and at the risk of encountering local prejudices. In the +Democratic party alone, as parties are now organized, is this catholic, +generous, universal spirit to be found. I say, then, the Democratic +party has such a character of constitutionality and of nationality. + +And now, gentlemen, I have allowed myself unthinkingly to be carried +beyond my original purpose. I return to it to remind you that here among +us is a citizen of one of the Southern States, eloquent among the most +eloquent in debate, wise among the wisest in council, and brave among +the bravest in the battle-field. A citizen of a Southern State who knows +that he can associate with you, the representatives of the Democracy and +the nationality of Massachusetts, that he can associate with you on +equal footing with the fellow-citizens and common members of these +United States. + +My friends, there are those here present, and in fact there is no one +here present of whom it can not be said that, in memory and admiration +at least, and if not in the actual fact, yet in proud and bounding +memory, they have been able to tread the glorious tracks of the +victorious achievements of Jefferson Davis on the fields of Monterey and +Buena Vista, and all have heard or have read the accents of eloquence +addressed by him to the Senate of the United States; and there is one at +least who, from his own personal observation, can bear witness to the +fact of the surpassing wisdom of Jefferson Davis in the administration +of the Government of the United States. Such a man, fellow-citizens, you +are this evening to hear, and to hear as a beautiful illustration of the +working of our republican institutions of these United States; of the +republican institutions which in our own country, our own republic, as +in the old republics of Athens and of Rome, exhibit the same +combinations of the highest military and civic qualities in the same +person. It must naturally be so, for in a republic every citizen is a +soldier, and every soldier a citizen. Not in these United States on the +occurrence of foreign war is that spectacle exhibited which we have so +recently seen in our mother-country, of the administration of the +country going abroad begging and stealing soldiers throughout Europe and +America. No! And while I ask you, my friends, to ponder this fact in +relation to that disastrous struggle of giants which so recently +occurred in our day--the Crimean War--I ask you whether any English +gentleman, any member of the British House of Commons, any member of the +British House of Peers, abandoned the ease of home, abandoned his easy +hours at home, and went into the country among his friends, tenants, and +fellow-countrymen, volunteering there to raise troops for the service of +England in that hour of her peril; did any such fact occur? No! But here +in these United States we had examples, and illustrious ones, of the +fact that men, eminent in their place in Congress, abandoned their +stations and their honors to go among fellow-citizens of their own +States, and there raise troops with which to vindicate the honor and the +flag of their country. Of such men was Jefferson Davis. + +There is now living one military man of prominent distinction in the +public eye of England and the United States--I mean Sir Colin Campbell, +now Lord Clyde of Clydesdale. He deserves the distinction he enjoys, for +he has redeemed the British flag on the ensanguined, burning plains of +India. He has restored the glory of the British name in Asia. I honor +him. Scotland, England, Wales, and Ireland are open, for their counties, +as well as their countries, and their poets, orators, and statesmen, and +their generals, belong to our history as well as theirs. I will never +disavow Henry V on the plains of Agincourt; never Oliver Cromwell on the +fields of Marston Moor and Naseby; never Sarsfield on the banks of the +Boyne. The glories and honors of Sir Colin Campbell are the glories of +the British race, and the races of Great Britain and Ireland, from whom +we are descended. + +But what gained Sir Colin Campbell the opportunity to achieve those +glorious results in India? Remember that, and let us see what it was. On +one of those bloody battles fought by the British before the fortress of +Sebastopol, in the midst of the perils, the most perilous of all the +battle-fields England ever encountered in Europe, in one of the bloody +charges of the Russian cavalry, there was an officer--a man who felt and +who possessed sufficient confidence in the troops he commanded, and in +the authority of his own voice and example--received that charge not in +the ordinary, commonplace, and accustomed manner, by forming his troops +into a hollow square, and thus arresting the charge, but by forming into +two diverging lines, and thus receiving upon the rifles of his +Highlandmen the charge of the Russian cavalry and repelling it. How all +England rang with the glory of that achievement! How the general voice +of England placed upon the brows of Sir Colin Campbell the laurels of +the future mastership of victory for the arms of England! And well they +might do so. But who originated that movement; who set the example of +that gallant operation--who but Colonel Jefferson Davis, of the First +Mississippi Regiment, on the field of Buena Vista? He was justly +entitled to the applause of the restorer of victory to the arms of the +Union. Gentlemen, in our country, in this day, such a man, such a master +of the art of war, so daring in the field, such a man may not only +aspire to the highest places in the executive government of the Union, +but such a man may acquire what nowhere else, since the days of Cimon +and Miltiades, of the Cincinnati and the Cornelii of Athens and of Rome, +has been done by the human race, the combination of eminent powers, of +intellectual cultivation, and of eloquence with the practical, qualities +of a statesman and general. + +But, gentlemen, I am again betrayed beyond my purpose. Sir [addressing +General Davis], we welcome you to the Commonwealth of Massachusetts. You +may not find here the ardent skies of your own sunny South, but you will +find as ardent hearts, as warm and generous hands to welcome you to our +Commonwealth. We welcome you to the city of Boston, and you have already +experienced how open-hearted, how generous, how free from all possible +taint of sectional thought are the hospitality and cordiality of the +city of Boston. We welcome you to Faneuil Hall. Many an eloquent voice +has in all times resounded from the walls of Faneuil Hall. It is said +that no voice is uttered by man in this air we breathe but enters into +that air. It continues there immortal as the portion of the universe +into which it has passed. If it be so, how instinct is Faneuil Hall with +the voice of the great, good, and glorious of past generations, and of +our own, whose voices have echoed through its walls, whose eloquent +words have thrilled the hearts of hearers, as if a pointed sword were +passing them through and through. Here Adams aroused his countrymen in +the War of Independence, and Webster invoked them almost with the dying +breath of his body--invoked with that voice of majesty and power which +he alone possessed--invoked them to a union between the North and South. +Ay, sir, and who, if he were here present, who from those blest abodes +on high from which he looks down upon us would congratulate us for this +scene. First, and above all, because his large heart would have +appreciated the spectacle of a statesman eminent among the most eminent +of the Southern States here addressing an assembly of the people in the +city of Boston. Because, in the second place, he would have remembered +that, though divided from you by party relations, in one of the critical +hours of his fame and his honor, your voice was not wanting for his +vindication in the Congress of the United States. Sir, again, I say we +welcome you to Faneuil Hall. + +And now, my fellow-citizens, I will withdraw myself and present to you +the Hon. Jefferson Davis. + + +Address of Jefferson Davis, at Faneuil Hall, Boston, October 12, 1858. + +Countrymen, Brethren, Democrats: Most happy am I to meet you, and to +have received here renewed assurance--of that which I have so long +believed--that the pulsation of the Democratic heart is the same in +every parallel of latitude, on every meridian of longitude, throughout +the United States. It required not this to confirm me in a belief I have +so long and so happily enjoyed. Your own great statesman [the Hon. Caleb +Cushing], who has introduced me to this assembly, has been too long +associated with me, too nearly connected, we have labored too many +hours, until one day ran into another, in the cause of our country, for +me to fail to understand that a Massachusetts Democrat has a heart as +wide as the Union, and that its pulsations always beat for the liberty +and happiness of his country. Neither could I be unaware that such was +the sentiment of the Democracy of New England. For it was my fortune +lately to serve under a President drawn from the neighboring State of +New Hampshire, and I know that he spoke the language of his heart, for I +learned it in four years of intimate relations with him, when he said he +knew "no North, no South, no East, no West, but sacred maintenance of +the common bond and true devotion to the common brotherhood." Never, +sir, in the past history of our country, never, I add, in its future +destiny, however bright it may be, did or will a man of higher and purer +patriotism, a man more devoted to the common weal of his country, hold +the helm of our great ship of state, than Franklin Pierce. + +I have heard the resolutions read and approved by this meeting; I have +heard the address of your candidate for Governor; and these, added to +the address of my old and intimate friend, General Cushing, bear to me +fresh testimony, which I shall be happy to carry away with me, that the +Democracy, in the language of your own glorious Webster, "still lives"; +lives, not as his great spirit did, when it hung 'twixt life and death, +like a star upon the horizon's verge, but lives like the germ that is +shooting upward; like the sapling that is growing to a mighty tree, and +I trust it may redeem Massachusetts to her glorious place in the Union, +when she led the van of the defenders of State rights. + +When I see Faneuil Hall thus thronged it reminds me of another meeting, +when it was found too small to contain the assembly that met here, on +the call of the people, to know what should be done in relation to the +tea-tax, and when, Faneuil Hall being too small, they went to the old +South Church, which still stands a monument of your early day. I hope +the time will soon come when many Democratic meetings in Boston will be +too large for Faneuil Hall. I am welcomed to this hall, so venerable for +all the associations of our early history; to this hall of which you are +so justly proud, and the memories of which are part of the inheritance +of every American citizen; and I felt, as I looked upon it, and +remembered how many voices of patriotic fervor have filled it--how here +the first movement originated from which the Revolution sprang; how here +began the system of town meetings and free discussion--that, though my +theme was more humble than theirs, as befitted my humbler powers, I had +enough to warn me that I was assuming much to speak in this sacred +chamber. But, when I heard your distinguished orator say that words +uttered here could never die, that they lived and became a part of the +circumambient air, I feel a hesitation which increases upon me with the +remembrance of his expressions. But, if those voices which breathed the +first impulse into the colonies--now the United States--to proclaim +independence, and to unite for resistance against the power of the +mother-country--if those voices live here still, how must they fare who +come here to preach treason to the Constitution and to assail the union +of these States? It would seem that their criminal hearts would fear +that those voices, so long slumbering, would break silence, that those +forms which hang upon these walls behind me might come forth, and that +the sabers so long sheathed would leap from their scabbards to drive +from this sacred temple those who desecrate it as did the money-changers +who sold doves in the temple of the living God. + +Here you have, to remind you, and to remind all who enter this hall, the +portraits of those men who are dear to every lover of liberty, and part +and parcel of the memory of every American citizen; and highest among +them all I see you have placed Samuel Adams and John Hancock. You have +placed them the highest, and properly; for they were two, the only two, +excepted from the proclamation of mercy, when Governor Gage issued his +anathema against them and against their fellow-patriots. These men, thus +excepted from the saving grace of the crown, now occupy the highest +places in Faneuil Hall, and thus seem to be the highest in the reverence +of the people of Boston. This is one of the instances in which we find +tradition so much more reliable than history; for tradition has borne +the name of Samuel Adams to the remotest of the colonies, and the new +States formed out of what was territory of the old colonies; and there +it is a name as sacred among us as it is among you. + +We all remember how early he saw the necessity of community +independence. How, through the dim mists of the future, and in advance +of his day, he looked forward to the proclamation of the independence of +Massachusetts; how he steadily strove, through good report and evil +report, with a great, unwavering heart, whether in the midst of his +fellow-citizens, cheered by their voices, or communing with his own +heart, when driven from his home, his eyes were still fixed upon his +first, last hope, the community independence of Massachusetts! Always a +commanding figure, we see him, at a later period, the leader in the +correspondence which waked the feelings of the other colonies to united +fraternal association--the people of Massachusetts with the people of +the other colonies--there we see his letters acknowledging the receipt +of rice of South Carolina, and the money of New York and +Pennsylvania--all these poured in to relieve Boston of the sufferings +inflicted upon her when the port was closed by the despotism of the +British crown--we see the beginning of that which insured the +cooeperation of the colonies throughout the desperate struggle of the +Revolution. And we there see that which, if the present generation be +true to the memory of their sires, to the memory of the noble men from +whom they descended, will perpetuate for them that spirit of fraternity +in which the Union began. But it is not here alone, nor in reminiscences +connected with the objects which present themselves within this hall, +that the people of Boston have much to excite their patriotism and carry +them back to the great principles of the Revolutionary struggle. Where +will you go and not meet some monument to inspire such sentiments? Go to +Lexington and Concord, where sixty brave countrymen came with their +fowling-pieces to oppose six hundred veterans--where they forced those +veterans back, pursuing them on the road, fighting from every barn, and +bush, and stock, and stone, till they drove them, retreating, to the +ships from which they went forth! And there stand those monuments of +your early patriotism, Breed's and Bunker's Hills, whose soil drank the +martyr-blood of men who lived for their country and died for mankind! +Can it be that any of you should tread that soil and forget the great +purposes for which those men died? While, on the other side, rise the +heights of Dorchester, where once stood the encampment of the Virginian, +the man who came here, and did not ask, Is this a town of Virginia? but, +Is this a town of my brethren? The steady courage and cautious wisdom of +Washington availed to drive the British troops out from the city which +they had so confidently held. Here, too, you find where once the old +Liberty Tree, connected with so many of your memories, grew. You ask +your legend, and learn that it was cut down for firewood by British +soldiers, as some of your meeting-houses were destroyed; they burned the +old tree, and it warmed the soldiers long enough to leave town, and, had +they burned it a little longer, its light would have shown Washington +and his followers where their enemies were. + +But they are gone, and never again shall a hostile foot set its imprint +upon your soil. Your harbor is being fortified, to prevent an unexpected +attack on your city by a hostile fleet. But woe to the enemy whose fleet +shall bear him to your shores to set his footprint upon your soil; he +goes to a prison or to a grave! American fortifications are not built +from any fear of invasion, they are intended to guard points where +marine attacks can be made; and, for the rest, the hearts of Americans +are our ramparts. + +But, my friends, it is not merely in these associations, so connected +with the honorable pride of Massachusetts, that one who visits Boston +finds much for gratification, hope, and instruction. If I were selecting +a place where the advocate of strict construction, the extreme expounder +of democratic State-rights doctrine should go for his texts, I would +send him into the collections of your historical associations. Instead +of going to Boston as a place where only consolidation would be found, +he would find written, in letters of living light, that sacred creed of +State rights which has been miscalled the ultra opinions of the South; +he could find among your early records that this Faneuil Hall, the +property of the town at the time when Massachusetts was under a colonial +government, administered by a man appointed by the British crown, +guarded by British soldiers, was refused to a British Governor in which +to hold a British festival, because he was going to bring with him the +agents for collecting, and naval officers sent here to enforce, an +oppressive tax upon your Commonwealth. Such was the proud spirit of +independence manifested even in your colonial history. Such is the great +foundation-stone on which may be erected an eternal monument of State +rights. And so, in an early period of our country, you find +Massachusetts leading the movements, prominent of all the States, in the +assertion of that doctrine which has been recently so much belied. +Having achieved your independence, having passed through the +Confederation, you assented to the formation of our present +constitutional Union. You did not surrender your sovereignty. Your +fathers had sacrificed too much to claim, as a reward of their toil, +merely that they should have a change of masters; and a change of +masters it would have been had Massachusetts surrendered her State +sovereignty to the central Government, and consented that that central +Government should have the power to coerce a State. But, if this power +does not exist, if this sovereignty has not been surrendered, then, who +can deny the words of soberness and truth spoken by your candidate this +evening, when he has pleaded to you the cause of State independence, and +the right of every community to be judge of its own domestic affairs? +This is all we have ever asked--we of the South, I mean--for I stand +before you as one of those who have always been called the ultra men of +the South, and I speak, therefore, for that class; and I tell you that +your candidate for Governor has uttered to-night everything which we +have claimed as a principle for our protection. And I have found the +same condition of things in the neighboring State of Maine. I have found +that the Democrats there asserted the same broad constitutional +principle for which we have been contending, by which we are willing to +live, for which we are willing to die! + +In this state of the case, my friends, why is the country agitated? The +old controversies have passed away, or they have subsided, and have been +covered up by one dark pall of somber hue, which increases with every +passing year. Why is it, then, I say, that you are thus agitated in +relation to the domestic affairs of other communities? Why is it that +the peace of the country is disturbed in order that one people may judge +of what another people may do? Is there any political power to authorize +such interference? If so, where is it? You did not surrender your +sovereignty. You gave to the Federal Government certain functions. It +was your agent, created for specified purposes. It can do nothing save +that which you have given it power to perform. Where is the grant? Has +it a right to determine what shall be property? Surely not; that belongs +to every community to decide for itself; you judge in your case--every +other State must judge in its case. The Federal Government has no power +to destroy property. Do you pay taxes, then, to an agent, that he may +destroy your property? Do you support him for that purpose? It is an +absurdity on the face of it. To ask the question is to answer it. The +Government is instituted to protect, not to destroy, property. And, in +abundance of caution, your fathers provided that the Federal Government +should not take private property for its own use unless by making due +compensation therefor. It is prohibited from attempting to destroy +property. One of its great purposes was protection to the States. +Whenever that power is made a source of danger, we destroy the purpose +for which the Government was formed. + +Why, then, have you agitators? With Pharisaical pretension it is +sometimes said it is a moral obligation to agitate, and I suppose they +are going through a sort of vicarious repentance for other men's sins. +With all due allowance for their zeal, we ask, how do they decide that +it is a sin? By what standard do they measure it? Not the Constitution; +the Constitution recognizes the property in slaves in many forms, and +imposes obligations in connection with that recognition. Not the Bible; +that justifies it. Not the good of society; for, if they go where it +exists, they find that society recognizes it as good. What, then, is +their standard? The good of mankind? Is that seen in the diminished +resources of the country? Is that seen in the diminished comfort of the +world? Or is not the reverse exhibited? Is there, in the cause of +Christianity, a motive for the prohibition of the system which is the +only agency through which Christianity has reached that inferior race, +the only means by which they have been civilized and elevated? Or is +their piety manifested in denunciation of their brethren, who are +deterred from answering their denunciation only by the contempt which +they feel for a mere brawler, who intends to end his brawling only in +empty words? + +What, my friends, must be the consequences? Good or evil? They have been +evil, and evil they must be only to the end. Not one particle of good +has been done to any man, of any color, by this agitation. It has been +insidiously working the purpose of sedition, for the destruction of that +Union on which our hopes of future greatness depend. + +On the one side, then, you see agitation tending slowly and steadily to +that separation of States, which, if you have any hope connected with +the liberty of mankind; if you have any national pride connected with +making your country the greatest on the face of the earth; if you have +any sacred regard for the obligations which the deeds and the blood of +your fathers entailed upon you, that hope should prompt you to reject +anything that would tend to destroy the result of that experiment which +they left it to you to conclude and perpetuate. On the other hand, if +each community, in accordance with the principles of our Government, +should regard its domestic interests as a part of the common whole, and +struggle for the benefit of all, this would steadily lead us to +fraternity, to unity, to cooeperation, to the increase of our happiness +and the extension of the benefits of our useful example over mankind. +The flag of the Union, whose stars have already more than doubled their +original number, with its ample folds may wave, the recognized flag of +every State or the recognized protector of every State upon the +Continent of America. + +In connection with the view which I have presented of the early idea of +community independence, I will add the very striking fact that one of +the colonies, about the time they had resolved to unite for the purpose +of achieving their independence, addressed the Colonial Congress to know +in what condition it would be in the interval between its separation +from the Government of Great Britain and the establishment of a +government on this continent. The answer of the Colonial Congress was +exactly what might have been expected--exactly what State-rights +Democracy would answer to-day to such an inquiry--that they "had nothing +to do with it." If such sentiment had continued, if it had governed in +every State, if representatives had been chosen upon it, then your halls +of Federal legislation would not have been disturbed about the question +of the domestic institutions of the different States. The peace of the +country would not be hazarded by the arraignment of the family relations +of people over whom the Government has no control. If in harmony working +together, with co-intelligence for the conservation of the interests of +the country--if protection to the States and the other great ends for +which the Government was established, had been the aim and united effort +of all--what effects would not have been produced? As our Government +increases in expansion it would increase in its beneficent effect upon +the people; we should, as we grow in power and prosperity, also grow in +fraternity, and it would be no longer a wonder to see a man coming from +a Southern State to address a Democratic audience in Boston. + +But I have referred to the fact that Massachusetts stood preeminently +forward among those who asserted community independence: and this +reminds me of another incident. President Washington visited Boston when +John Hancock was Governor, and Hancock refused to call upon the +President, because he contended that any man who came within the limits +of Massachusetts must yield rank and precedence to the Governor of the +State. He eventually only surrendered the point on account of his +personal regard and respect for the character of George Washington. I +honor him for this, and value it as one of the early testimonies in +favor of State rights. I wish all our Governors had the same regard for +the dignity of the State as had the great and glorious John Hancock. + +In the beginning the founders of this Government were true democratic +State-rights men. Democracy was State rights, and State rights was +democracy, and it is so to-day. Your resolutions breathe it. The +Declaration of Independence embodied the sentiments which had lived in +the hearts of the country for many years before its formal assertion. +Our fathers asserted the great principle--the right of the people to +choose their own government--and that government rested upon the consent +of the governed. In every form of expression it uttered the same idea, +community independence and the dependence of the Union upon the +communities of which it consisted. It was an American declaration of the +unalienable right of man; it was a general truth, and I wish it were +accepted by all men. But I have said that this State sovereignty--this +community independence--has never been surrendered, and that there is no +power in the Federal Government to coerce a State. Will any one ask me, +then, how a State is to be held to the fulfillment of its obligations? +My answer is, by its honor. The obligation is the more sacred to observe +every feature of the compact, because there is no power to enforce it. +The great error of the Confederation was, that it attempted to act upon +the States. It was found impracticable, and our present form of +government was adopted, which acts upon individuals, and is not designed +to act upon States. The question of State coercion was raised in the +Convention which framed the Constitution, and, after discussion, the +proposition to give power to the General Government to enforce against +any State obedience to the laws was rejected. It is upon the ground that +a State can not be coerced that observance of the compact is a sacred +obligation. It was upon this principle that our fathers depended for the +perpetuity of a fraternal Union, and for the security of the rights that +the Constitution was designed to preserve. The fugitive slave compact in +the Constitution of the United States implied that the States should +fulfill it voluntarily. They expected the States to legislate so as to +secure the rendition of fugitives; and in 1778 it was a matter of +complaint that the Spanish colony of Florida did not restore fugitive +negroes from the United States who escaped into that colony, and a +committee, composed of Hamilton, of New York, Sedgwick, of +Massachusetts, and Mason, of Virginia, reported resolutions in the +Congress, instructing the Secretary of Foreign Affairs to address the +_charge d'affaires_ at Madrid to apply to his Majesty of Spain to issue +orders to his governor to compel them to secure the rendition of +fugitive negroes. This was the sentiment of the committee, and they +added, also, that the States would return any slaves from Florida who +might escape into their limits. + +When the constitutional obligation was imposed, who could have doubted +that every State, faithful to its obligations, would comply with the +requirements of the Constitution, and waive all questions as to whether +the institution should or should not exist in another community over +which they had no control? Congress was at last forced to legislate on +the subject, and they have continued, up to a recent period, to +legislate, and this has been one of the causes by which you have been +disturbed. You have been called upon to make war against a law which +need never to have been enacted, if each State had done the duty which +she was called upon by the Constitution to perform. + +Gentlemen, this presents one phase of agitation--negro agitation: there +is another and graver question, it is in relation to the prohibition by +Congress of the introduction of slave property into the Territories. +What power does Congress possess in this connection? Has it the right to +say what shall be property anywhere? If it has, from what clause of the +Constitution does it derive that power? Have other States the power to +prescribe the condition upon which a citizen of another State shall +enter upon and enjoy territory--common property of all? Clearly not. +Shall the inhabitants who first go into the Territory deprive any +citizen of the United States of those rights which belong to him as an +equal owner of the soil? Certainly not. Sovereign jurisdiction can only +pass to these inhabitants when the States, the owners of that Territory +shall recognize their right to become an equal member of the Union. +Until then, the Constitution and the laws of the Union must be the rule +governing within the limits of a Territory. + +The Constitution recognizes all property, and gives equal privileges to +every citizen of the States; and it would be a violation of its +fundamental principles to attempt any discrimination. + +There is nothing of truth or justice with which to sustain this +agitation, or ground for it, unless it be that it is a very good bridge +over which to pass into office; a little stock of trade in politics +built up to aid men who are missionaries staying at home; reformers of +things which they do not go to learn; preachers without a congregation; +overseers without laborers and without wages; war-horses who snuff the +battle afar off and cry: "Aha! aha! I am afar off." + +Thus it is that the peace of the Union is disturbed; thus it is that +brother is arrayed against brother; thus it is that the people come to +consider not how they can promote each other's interests, but how they +may successfully war upon them. And among the things most odious to my +mind is to find a man who enters upon a public office, under the +sanction of the Constitution, and taking an oath to support the +Constitution--the compact between the States binding each for the common +defense and general welfare of the other--and retaining to himself a +mental reservation that he will war upon the institutions and the +property of any of the States of the Union. It is a crime too low to +characterize as it deserves before this assembly. It is one which would +disgrace a gentleman--one which a man with self-respect would never +commit. To swear that he will support the Constitution, to take an +office which belongs in many of its relations to all the States, and to +use it as a means of injuring a portion of the States of whom he is thus +an agent, is treason to everything that is honorable in man. It is the +base and cowardly attack of him who gains the confidence of another in +order that he may wound him. But I have often heard it argued, and I +have seen it published: I have seen a petition that was circulated for +signers, announcing that there was an incompatibility between the +different sections of the Union; that it had been tried long enough, and +that they must get rid of those sections in which the curse of slavery +existed. Ah! those sages, so much wiser than our fathers, have found out +that there is incompatibility in that which existed when the Union was +formed. They have found an incompatibility inconsistent with union, in +that which existed when South Carolina sent her rice to Boston, and +Maryland and Pennsylvania and New York brought in their funds for her +relief. The fact is that, from that day to this, the difference between +the people of the colonies has been steadily diminishing, and the +possible advantages of union in no small degree augmented. The variety +of product of soil and of climate has been multiplied, both by the +expansion of our country and by the introduction of new tropical +products not cultivated at that time; so that every motive to union +which your fathers had, in a diversity which should give prosperity to +the country, exists in a higher degree to-day than when this Union was +formed, and this diversity is fundamental to the prosperity of the +people of the several sections of the country. + +It is, however, to-day, in sentiment and interest, less than on the day +when the Declaration of Independence was made. Diversity there +is--diversity of character--but it is not of that extreme kind which +proves incompatibility; for your Massachusetts man, when he comes into +Mississippi, adopts our opinions and our institutions, and frequently +becomes the most extreme man among us. As our country has extended, as +new products have been introduced into it, this Union and the free trade +that belongs to it have been of increasing value. And I say, moreover, +that it is not an unfortunate circumstance that this diversity of +pursuit and character still remains. Originally it sprang in no small +degree from natural causes. Massachusetts became a manufacturing and +commercial State because of her fine harbors--because of her +water-power, making its last leap into the sea, so that the ship of +commerce brought the staple to the manufacturing power. This made you a +commercial and a manufacturing people. In the Southern States great +plains interpose between the last leaps of the streams and the sea. +Those plains were cultivated in staple crops, and the sea brought their +products to your streams to be manufactured. This was the first +beginning of the differences. + +Then your longer and more severe winters, your soil not so favorable for +agriculture, in a degree kept you a manufacturing and a commercial +people. Even after the cause had passed away--after railroads had been +built--after the steam-engine had become a motive power for a large part +of manufacturing machinery, the natural causes from which your people +obtained a manufacturing ascendancy and ours became chiefly +agriculturists continued to act in a considerable measure to preserve +that relation. Your interest is to remain a manufacturing, and ours to +remain an agricultural people. Your prosperity, then, is to receive our +staple and to manufacture it, and ours to sell it to you and buy the +manufactured goods. This is an interweaving of interests which makes us +all the richer and happier. + +But this accursed agitation, this intermeddling with the affairs of +other people, is that alone which will promote a desire in the mind of +any one to separate these great and glorious States. The seeds of +dissension may be sown by invidious reflections. Men may be goaded by +the constant attempts to infringe upon rights and to disturb +tranquillity, and in the resentment which follows it is not possible to +tell how far the wave may rush. I therefore plead to you now to arrest a +fanaticism which has been evil in the beginning and must be evil in the +end. You may not have the numerical power requisite; and those at a +distance may not understand how many of you there are desirous to put a +stop to the course of this agitation. For me, I have learned since I +have been in New England the vast mass of true State-rights Democrats to +be found within its limits--though not represented in the halls of +Congress. And if it comes to the worst--if, availing themselves of a +majority in the two Houses of Congress, they should attempt to trample +upon the Constitution; if they should attempt to violate the rights of +the States; if they should attempt to infringe upon our equality in the +Union--I believe that even in Massachusetts, though it has not had a +representative in Congress for many a day, the State-rights Democracy, +in whose breasts beats the spirit of the Revolution, can and will whip +the black Republicans. I trust we shall never be thus purified, as it +were, by fire; but that the peaceful, progressive revolution of the +ballot-box will answer all the glorious purposes of the Constitution and +the Union. And I marked that the distinguished orator and statesman who +preceded me, in addressing you, used the words "national" and +"constitutional" in such relation to each other as to show that in his +mind the one was a synonym of the other. I say so: we became national by +the Constitution, the bond for uniting the States, and national and +constitutional are convertible terms. + +Your candidate for the high office of Governor--whom I have been once or +twice on the point of calling Governor, and whom I hope I may be able +soon to call so--in his remarks to you has presented the same idea in +another form. And well may Massachusetts orators, without even +perceiving what they are saying, utter sentiments which lie at the +foundation of your colonial as well as your subsequent political +history, which existed in Massachusetts before the Revolution, and have +existed ever since, whenever the true spirit which comes down from the +Revolutionary sires has swelled and found utterance within her limits. + +It has been not only, my friends, in this increasing and mutual +dependence of interest that we have found new ties to you. Those bonds +are both material and mental. Every improvement or invention, every +construction of a railroad, has formed a new reason for our being one. +Every new achievement, whether it has been in arts or science, in war or +in manufactures, has constituted for us a new bond and a new sentiment +holding us together. + +Why, then, I would ask, do we see these lengthened shadows which follow +in the course of our political history? Is it because our sun is +declining to the horizon? Are they the shadows of evening, or are they, +as I hopefully believe, but the mists which are exhaled by the sun as it +rises, but which are to be dispersed by its meridian glory? Are they but +the little evanishing clouds that flit between the people and the great +objects for which the Constitution was established? I hopefully look +toward the reaction which will establish the fact that our sun is still +in the ascendant--that that cloud which has so long covered our +political horizon is to be dispersed--that we are not again to be +divided on parallels of latitude and about the domestic institutions of +States--a sectional attack on the prosperity and tranquillity of a +nation--but only by differences in opinion upon measures of expediency, +upon questions of relative interest, by discussions as to the powers of +the States and the rights of the States, and the powers of the Federal +Government--such discussion as is commemorated in this picture of your +own great and glorious Webster, when he specially addressed our best, +most tried, and greatest man, the pure and incorruptible Calhoun, +represented as intently listening to catch the accents of eloquence that +fell from his lips. Those giants strove each for his conviction, not +against a section--not against each other; they stood to each other in +the relation of personal affection and esteem, and never did I see Mr. +Webster so agitated, never did I hear his voice falter, as when he +delivered the eulogy on John C. Calhoun. + +But allusion was made to my own connection with your great and favorite +departed statesman. Of that I will only say, on this occasion, that very +early in my Congressional life Mr. Webster was arraigned for an offense +which affected him most deeply. He was no accountant, and all knew that. +He was arraigned on a pecuniary charge--the misapplication of what is +known as the secret-service fund--and I was one of the committee that +had to investigate the charge. I endeavored to do justice. I endeavored +to examine the evidence with a view to ascertain the truth. It is true I +remembered that he was an eminent American statesman. It is true that as +an American I hoped he would come out without a stain upon his garments. +But I entered upon the investigation to find the truth and to do +justice. The result was, he was acquitted of every charge that was made +against him, and it was equally my pride and my pleasure to vindicate +him in every form which lay within my power. No one that knew Daniel +Webster could have believed that he would ever ask whether a charge was +made against a Massachusetts man or a Mississippian. No! It belonged to +a lower, to a later, and I trust a shorter-lived race of statesmen, who +measure all facts by considerations of latitude and longitude. + +I honor that sentiment which makes us oftentimes too confident, and to +despise too much the danger of that agitation which disturbs the peace +of the country. I respect that feeling which regards the Union as too +strong to be broken. But, at the same time, in sober judgment, it will +not do to treat too lightly the danger which has existed and still +exists. I have heard our Constitution and Union compared to the granite +shores which face the sea, and, dashing back the foam of the waves, +stand unmoved by their fury. Now I accept the simile: and I have stood +upon the shore, and I have seen the waves of the sea dash upon the +granite of your own shores which frowns over the ocean, have seen the +spray thrown back from the cliffs. But, when the tide had ebbed, I saw +that the rock was seamed and worn; and, when the tide was low, the +pieces that had been riven from the granite rock were lying at its base. + +And thus the waves of sectional agitation are dashing themselves against +the granite patriotism of the land. But even that must show the seams +and scars of the conflict. Sectional hostility will follow. The danger +lies at your door, and it is time to arrest it. Too long have we allowed +this influence to progress. It is time that men should go back to the +first foundation of our institutions. They should drink the waters of +the fountain at the source of our colonial and early history. + +You, men of Boston, go to the street where the massacre occurred in +1770. There you should learn how your fathers strove for community +rights. And near the same spot you should learn how proudly the +delegation of democracy came to demand the removal of the troops from +Boston, and how the venerable Samuel Adams stood asserting the rights of +democracy, dauntless as Hampden, clear and eloquent as Sidney; and how +they drove out the myrmidons who had trampled on the rights of the +people. + +All over our country, these monuments, instructive to the present +generation, of what our fathers did, are to be found. In the library of +your association for the collection of your early history, I found a +letter descriptive of the reading of the church service to his army by +General Washington, during one of those winters when the army was +ill-clad and without shoes, when he built a little log-cabin for a +meeting-house, and there, reading the service to them his sight failed +him, he put on his glasses and, with emotion which manifested the +reality of his feelings, said, "I have grown gray in serving my country, +and now I am growing blind." + +By the aid of your records you may call before you the day when the +delegation of the army of the democracy of Boston demanded compliance +with its requirements for the removal of the troops. A painfully +thrilling case will be found in the heroic conduct of your fathers' +friends, the patriots in Charleston, South Carolina. The prisoners were +put upon the hulks, where the small-pox existed, and where they were +brought on shore to stay the progress of the infection, and were +offered, if they would enlist in his Majesty's service, release from all +their sufferings, present and prospective; while, if they would not, the +rations would be taken from their families, and they would be sent back +to the hulks and again exposed to the infection. Emaciated as they were, +with the prospect of being returned to confinement, and their families +turned out into the streets, the spirit of independence, the devotion to +liberty, was so supreme in their breasts, that they gave one loud huzza +for General Washington, and went to meet death in their loathsome +prison. From these glorious recollections, from the emotions which they +create, when the sacrifices of those who gave you the heritage of +liberty are read in your early history, the eye is directed to our +present condition. Mark the prosperity, the growth, the honorable career +of your country under the voluntary union of independent States. I do +not envy the heart of that American whose pulse does not beat quicker, +and who does not feel within him a high exultation and pride, in the +past glory and future prospects of his country. With these prospects are +associated--if we are only wise, true, and faithful, if we shun +sectional dissension--all that man can conceive of the progression of +the American people. And the only danger which threatens those high +prospects is that miserable spirit which, disregarding the obligations +of honor, makes war upon the Constitution; which induces men to assume +powers they do not possess, trampling as well upon the great principles +which lie at the foundation of the Declaration of Independence, and the +Constitution of the Union, as upon the honorable obligations which were +fixed upon them by their fathers. They with internecine strife would +sacrifice themselves and their brethren to a spirit which is a disgrace +to our common country. With these views, it will not be surprising, to +those who most differ from me, that I feel an ardent desire for the +success of this State-rights Democracy; that, convinced as I am of the +ill consequences of the described heresies unless they be corrected; of +the evils upon which they would precipitate the country unless they are +restrained--I say, none need be surprised if, prompted by such +aspirations, and impressed by such forebodings as now open themselves +before me, I have spoken freely, yielding to motives I would suppress +and can not avoid. I have often, elsewhere than in the State of which I +am a citizen, spoken in favor of that party which alone is national, in +which alone lies the hope of preserving the Constitution and the +perpetuation of the Government and of the blessings which it was +ordained and established to secure. + +My friends, my brethren, my countrymen, I thank you for the patient +attention you have given me. It is the first time it has ever befallen +me to address an audience here. It will probably be the last. Residing +in a remote section of the country, with private as well as public +duties to occupy the whole of my time, it would only be for a very +hurried visit, or under some such necessity for a restoration to health +as brought me here this season, that I could ever expect to remain long +among you, or in any other portion of the Union than the State of which +I am a citizen. + +I have staid long enough to feel that generous hospitality which evinces +itself to-night, which has evinced itself in Boston since I have been +here, and showed itself in every town and village of New England where I +have gone. I have staid here, too, long enough to learn that, though not +represented in Congress, there is a large mass of as true Democrats as +are to be found in any portion of the Union within the limits of New +England. Their purposes, their construction of the Constitution, their +hopes for the future, their respect for the past, is the same as that +which exists among my beloved brethren in Mississippi.... + +In the hour of apprehension I shall turn back to my observations here, +in this consecrated hall, where men so early devoted themselves to +liberty and community independence; and I shall endeavor to impress upon +others, who know you only as you are represented in the two Houses of +Congress, how true and how many are the hearts that beat for +constitutional liberty, and faithfully respect every clause and +guarantee which the Constitution contains for any and every portion of +the Union. + + + + +APPENDIX F. + + +Speech of Mr. Davis, of Mississippi, in the Senate of the United States, +on the resolutions offered by him relative to the relations of the +States, the Federal Government, and the Territories, May 7, 1860. + +Mr. President: Among the many blessings for which we are indebted to our +ancestry is that of transmitting to us a written Constitution; a fixed +standard to which, in the progress of events, every case may be +referred, and by which it may be measured. But for this, the wise men +who formed our Government dared not have hoped for its perpetuity; for +they saw, floating down the tide of time, wreck after wreck, marking the +short life of every republic which had preceded them. With this, +however, to check, to restrain, and to direct their posterity, they +might reasonably hope the Government they founded should last for ever; +that it should secure the great purposes for which it was ordained and +established; that it would be the shield of their posterity equally in +every part of the country, and equally in all time to come. It was this +which mainly distinguished the formation of our Government from those +confederacies or republics which had preceded it; and this is the best +foundation for our hope to-day. The resolutions which have been read, +and which I had the honor to present to the Senate, are little more than +the announcement of what I hold to be the clearly-expressed declarations +of the Constitution itself. To that fixed standard it is sought, at this +time, when we are drifting far from the initial point, and when clouds +and darkness hover over us, to bring back the Government, and to test +our condition to-day by the rules which our fathers laid down for us in +the beginning. + +The differences which exist between different portions of the country, +the rivalries and the jealousies of to-day, though differing in degree, +are exactly of the nature of those which preceded the formation of the +Constitution. Our fathers were aware of the different interests of the +navigating and planting States, as they were then regarded. They sought +to compose those difficulties, and, by compensating advantages given by +one to the other, to form a Government equal and just in its operation, +and which, like the gentle showers of heaven, should fall twice blessed, +blessing him that gives and him that receives. This beneficial action +and reaction between the different interests of the country constituted +the bond of union and the motive of its formation. They constitute it +to-day, if we are sufficiently wise to appreciate our interests, and +sufficiently faithful to observe our trust. Indeed, with the extension +of territory, with the multiplication of interests, with the varieties, +increasing from time to time, of the products of this great country, the +bonds which bind the Union together should have increased. Rationally +considered, they have increased, because the free trade which was +established in the beginning has now become more valuable to the people +of the United States than their trade with all the rest of the world. + +I do not propose to argue questions of natural rights and inherent +powers. I plant my reliance upon the Constitution; that Constitution +which you have all sworn to support; that Constitution which you have +solemnly pledged yourself to maintain while you hold the seat you now +occupy in the Senate; to which you are bound in its spirit and in its +letter, not grudgingly, but willingly, to render your obedience and +support as long as you hold office under the Federal Government. + +When the tempter entered the garden of Eden and induced our common +mother to offend against the law which God had given to her through +Adam, he was the first teacher of that "higher law" which sets the will +of the individual above the solemn rule which he is bound, as a part of +every community, to observe. From the effect of the introduction of that +higher law in the garden of Eden, and the fall consequent upon it, came +sin into the world; and from sin came death and banishment and +subjugation, as the punishment of sin; the loss of life, unfettered +liberty, and perfect happiness followed from that first great law which +was given by God to fallen man. + +Why, then, shall we talk about natural rights? Who is to define them? +Where is the judge who is to sit over the court to try natural rights? +What is the era at which you will fix the date by which you will +determine the breadth, the length, and the depth of those called the +rights of nature? Shall it be after the fall, when the earth was covered +with thorns, and man had to earn his bread in the sweat of his brow? Or +shall it be when there was equality between the sexes, when he lived in +the garden, when all his wants were supplied, and when thorns and +thistles were unknown on the face of the earth? Shall it be then? Shall +it be after the flood, when, for the first sin committed after the +waters retired from the face of the earth, the doom of slavery was fixed +upon the mongrel descendants of Ham? If after the flood, and after that +decree, how idle is all this prating about natural rights as standing +above the obligations of civil government! The Constitution is the law +supreme to every American. It is the plighted faith of our fathers; it +is the hope of our posterity. I say, then, I come not to argue questions +outside of or above the Constitution, but to plead the cause of right, +of law and order, under the Constitution and to plead it to those who +have sworn to abide by that obligation. + +One of the fruitful sources, as I hold it, of the errors which prevail +in our country, is the theory that this is a Government of one people; +that the Government of the United States was formed by a mass. The +Government of the United States is a compact between the sovereign +members who formed it; and, if there be one feature common to all the +colonies planted upon the shores of America, it is desire for community +independence. It was for this the Puritan, the Huguenot, the Catholic, +the Quaker, the Protestant, left the land of their nativity, and, guided +by the shadows thrown by the fires of European persecution, they sought +and found the American refuge of civil and religious freedom. While they +existed as separate and distinct colonies they were not forbearing +toward each other. They oppressed opposite religions. They did not come +here with the enlarged idea of no established religion. The Puritans +drove out the Quakers; the Church-of-England men drove out the +Catholics. Persecution reigned through the colonies, except, perhaps, +that of the Catholic colony of Maryland; but the rule was--persecution. +Therefore, I say the common idea, and the only common idea, was +community independence--the right of each independent people to do as +they pleased in their domestic affairs. + +The Declaration of Independence was made by the colonies, each for +itself. The recognition of their independence was not for the colonies +united, but for each of the colonies which had maintained its +independence; and so, when the Constitution was formed, the delegates +were not elected by the people _en masse_, but they came from each one +of the States; and when the Constitution was formed it was referred, not +to the people _en masse_, but to the States severally, and severally by +them ratified and approved. But, if there be anything which enforces +this idea more than another, it is the unequal dates at which it +received this approval. From first to last, nearly two years and a half +elapsed; and the Government went into operation something like a year--I +believe more than a year--before the last ratification was made. Is it +then contended that, by this ratification and adoption of the +Constitution, the States surrendered that sovereignty which they had +previously gained? Can it be that men who braved the perils of the +ocean, the privations of the wilderness, who fought the war of the +Revolution, in the hour of their success, when all was sunshine and +peace around them, came voluntarily forward to lay down that community +independence for which they had suffered so much and so long? Reason +forbids it; but, if reason did not furnish a sufficient answer, the +action of the States themselves forbids it. The great State of New +York--great, relatively, then, as she is now--manifested her wisdom in +not receiving merely that implication which belongs to the occasion, +which was accepted by the other States, but she required the positive +assertion of that retention of her sovereignty and power over all her +affairs as the condition on which she ratified the Constitution itself. +I read from Elliott's "Debates" (page 327). Among her resolutions of +ratification is the following: + +"That the powers of government may be reassumed by the people whensoever +it shall become necessary to their happiness; that every power, +jurisdiction, and right which is not by the said Constitution clearly +delegated to the Congress of the United States, or the departments of +the Government thereof, remain to the people of the several States, or +to their respective State governments to which they may have granted the +same." + +North Carolina, with the Scotch caution which subsequent events have so +well justified, in 1788 passed this resolution: + +"_Resolved_, That a declaration of rights, asserting and securing from +encroachments the great principles of civil and religious liberty, and +the unalienable rights of the people, together with amendments to the +most ambiguous and exceptionable parts of the said Constitution of +Government, ought to be laid before Congress and the convention of the +States that shall or may be called for the purpose of amending the said +Constitution, for their consideration, previous to the ratification of +the Constitution aforesaid, on the part of the State of North Carolina." + +And in keeping with this North Carolina withheld her ratification; she +allowed the Government to be formed with the number of States which was +required to put it in operation, and still she remained out of the +Union, asserting and recognized in the independence which she had +maintained against Great Britain, and which she had no idea of +surrendering to any other power; and the last State which ratified the +Constitution long after it had in fact gone into effect, Rhode Island, +in the third of her resolutions, says: + +"III. That the powers of government may be reassumed by the people +whensoever it shall become necessary to their happiness. That the rights +of the States respectively to nominate and appoint all State officers, +and every other power, jurisdiction, and right, which is not by the said +Constitution clearly delegated to the Congress of the United States, or +the departments of Government thereof, remain to the people of the +several States, or their respective State governments to whom they may +have granted the same." + +Here the use of the phrase "State governments" shows how utterly +unwarrantable the construction has been, to say that the reference here +was to the whole people of the States--to the people of all the +States--and not to the people of each of the States severally. + +I spoke, however, Mr. President, but a moment ago, of the difference of +politics, products, population, constituting the great motive for the +Union. It was, indeed, its necessity. Had all the people been alike--had +their institutions all been the same--there would have been no interest +to bring them together; there would have been no cause or necessity for +any restraint being imposed upon them. It was the fact that they +differed which rendered it necessary to have some law governing their +intercourse. It was the fact that their products were opposite--that +their pursuits were various--that rendered it the great interest of the +people that they should have free trade existing among each other; that +free trade which Franklin characterized as being between the States such +as existed between the counties of England. + +Since that era, however, a fiber then unknown in the United States, and +the production of which is dependent upon the domestic institution of +African slavery, has come to be cultivated in such amounts, to enter so +into the wearing apparel of the world, so greatly to add to the comfort +of the poor, that it may be said to-day that that little fiber, cotton, +wraps the commercial world and binds it to the United States in bonds to +keep the peace with us which no Government dare break. It has built up +the Northern States. It is their great manufacturing interest to-day. It +supports their shipping abroad. It enables them to purchase in the +markets of China, when the high premium to be paid on the milled dollar +would otherwise exclude them from that market. These are a part of the +blessings resulting from that increase and variety of product which +could not have existed if we had all been alike; which would have been +lost to-day unless free trade between the United States was still +preserved. + +And here it strikes me as somewhat strange that a book recently issued +has received the commendation of a large number of the representatives +of the manufacturing and commercial States, though, apart from its +falsification of statistics and low abuse of Southern States, +institutions, and interests, the great feature which stands prominently +out from it is the arraignment of the South for using their surplus +money in buying the manufactures of the North. How a manufacturing and +commercial people can be truly represented by those who would inculcate +such doctrines as these, is to me passing strange. Is it vain boasting +which renders you anxious to proclaim to the world that we buy our +buckets, our rakes, and our shovels from you? No, there is too much good +sense in the people for that; and, therefore, I am left at a loss to +understand the motive, unless it be that deep-rooted hate which makes +you blind to your own interest when that interest is weighed in the +balance with the denunciation and detraction of your brethren of the +South. + +The great principle which lay at the foundation of this fixed standard, +the Constitution of the United States, was the equality of rights +between the States. This was essential; it was necessary; it was a step +which had to be taken first, before any progress could be made. It was +the essential requisite of the very idea of sovereignty in the State; of +a compact voluntarily entered into between sovereigns; and it is that +equality of right under the Constitution on which we now insist. But +more: when the States united they transferred their forts, their +armament, their ships, and their right to maintain armies and navies, to +the Federal Government. It was the disarmament of the States, under the +operation of a league which made the warlike operations, the powers of +defense, common to them all. Then, with this equality of the States, +with this disarmament of the States, if there had been nothing in the +Constitution to express it, I say the protection of every constitutional +right would follow as a necessary incident, and could not be denied by +any one who could understand and would admit the true theory of such a +Government. + +We claim protection, first, because it is our right; secondly, because +it is the duty of the General Government; and, thirdly, because we have +entered into a compact together, which deprives each State of the power +of using all the means which it might employ for its own defense. This +is the general theory of the right of protection. What is the exception +to it? Is there an exception? If so, who made it? Does the Constitution +discriminate between different kinds of property? Did the Constitution +attempt to assimilate the institutions of the different States +confederated together? Was there a single State in this Union that would +have been so unfaithful to the principles which had prompted them in +their colonial position, and which had prompted them, at a still earlier +period, to seek and try the temptations of the wilderness; is there one +which would have consented to allow the Federal Government to control or +to discriminate between her institutions and those of her confederate +States? + +But, if it be contended that this is argument, and that you need +authority, I will draw it from the fountain; from the spring before it +had been polluted; from the debates in the formation of the +Constitution; from the views of those who at least it will be admitted +understood what they were doing. + +Mr. Randolph, it will be recollected, introduced a _projet_ for a +Government, consisting of a series of resolutions. Among them was one +which proposed to give Congress the power "to call forth the force of +the Union against any member of the Union failing to fulfill its duty +under the articles thereof." That was, to give Congress the power to +coerce the States; to bring the States into subjection to the Federal +Government. Now, sir, let us see how that was treated; and first I will +refer to one whose wisdom, as we take a retrospective view, seems to me +marvelous. Not conspicuous in debate, at least not among the names which +first occur when we think of that bright galaxy of patriots and +statesmen, he was the man who, above all others, it seems to me, laid +his finger upon every danger, and indicated the course which that danger +was to take. I refer to Mr. Mason. + +"Mr. Mason observed, not only that the present Confederation was +deficient in not providing for coercion and punishment against +delinquent States, but argued very cogently that punishment could not, +in the nature of things, be executed on the States collectively; and, +therefore, that such a Government was necessary as could directly +operate on individuals, and would punish those only whose guilt required +it."[199] + +Mr. Madison, who has been called sometimes the father of the +Constitution, upon the same question, said: + +"A union of the States containing such an ingredient seemed to provide +for its own destruction. The use of force against a State would look +more like a declaration of war than an infliction of punishment, and +would probably be considered by the party attacked as a dissolution of +all previous compacts by which it might be bound." + +Mr. Hamilton, who, if I were to express a judgment by way of comparison, +I would say was the master intellect of the age in which he lived, whose +mind seemed to penetrate profoundly every question with which he +grappled, and who seldom failed to exhaust the subject which he +treated--Mr. Hamilton, in speaking of the various powers necessary to +maintain a Government, came to clause four: + +"4. Force, by which may be understood a _coercion of laws, or coercion +of arms_. Congress have not the former, except in few cases. In +particular States, this coercion is nearly sufficient; though he held +it, in most cases, not entirely so. A certain portion of military force +is absolutely necessary in large communities. Massachusetts is now +feeling this necessity, and making provision for it. But how can this +force be exerted on the States collectively? It is impossible. It +amounts to a war between the parties. Foreign powers, also, will not be +idle spectators. They will interpose; the confusion will increase; and a +dissolution of the Union will ensue." + +The consequence was, the proposition was lost. In support of this same +idea of community independence, which I have suggested, the argument +upon the proposition least likely to have exhibited it, that to give +power to restrain the slave-trade, shows the Northern and Southern men +all arguing and presenting different views, yet concurred in this, that +there could be no power to restrain a State from importing what she +pleased. As the Senator from Vermont [Mr. Collamer] looks somewhat +surprised at my statement, I will refer to the authority. Mr. Rutledge +said: + +"Religion and humanity had nothing to do with this question. Interest +alone is the governing principle with nations. The true question at +present is, whether the Southern States shall or shall not be parties to +the Union. If the Northern States consult their interest, they will not +oppose the increase of slaves, which will increase the commodities of +which they will become the carriers."[200] + +Mr. Pinckney: "South Carolina can never receive the plan if it prohibits +the slave-trade. In every proposed extension of the powers of Congress, +that State has expressly and watchfully excepted that of meddling with +the importation of negroes. If the States be all left at liberty on this +subject, South Carolina may, perhaps, by degrees, do of herself what is +wished, as Virginia and Maryland already have done."[201] + +"Mr. Sherman was for leaving the clause as it stands. He disapproved of +the slave-trade; yet, as the States were now possessed of the right to +import slaves, as the public good did not require it to be taken from +them, and as it was expedient to have as few objections as possible to +the proposed scheme of government, he thought it best to leave the +matter as we find it."[202] + +"Mr. Baldwin had conceived national objects alone to be before the +Convention: not such as, like the present, were of a local nature. +Georgia was decided on this point. That State has always hitherto +supposed a General Government to be the pursuit of the central States, +who wished to have a vortex for everything; that her distance would +preclude her from equal advantage; and that she could not prudently +purchase it by yielding national powers. From this, it might be +understood in what light she would view an attempt to abridge one of her +favorite prerogatives. + +"If left to herself, she may probably put a stop to the evil. As one +ground for this conjecture, he took notice of the sect of ----, which, +he said was a respectable class of people who carried their ethics +beyond the mere _equality of men_, extending their humanity to the +claims of the whole animal creation."[203] + +"Mr. Gerry thought we had nothing to do with the conduct of the States +as to slaves, but ought to be careful not to give any sanction to +it."[204] + +"Mr. King thought the subject should be considered in a political light +only. If two States will not agree to the Constitution, as stated on one +side, he could affirm with equal belief, on the other, that great and +equal opposition would be experienced from the other States. He remarked +on the exemption of slaves from duty, while every other import was +subjected to it, as an inequality that could not fail to strike the +commercial sagacity of the Northern and Middle States."[205] + +Here, as will be observed, everywhere was recognized and admitted the +doctrine of community independence and State equality--no interference +with the institutions of a State--no interference even prospectively +save and except with their consent; and thus it followed that at one +time it was proposed to except, from the power to prohibit the further +introduction of Africans, those States which insisted upon retaining the +power; and finally it was agreed that a date should be fixed beyond +which, probably, none of them desired to retain it. These were States +acting in their sovereign capacity; they possessed power to do as they +pleased; and that was the view which they took of it. I ask, then, how +are we, their descendants, those holding under their authority, to +assume a power which they refused to admit, upon principles eternal and +lying at the foundation of the Constitution itself? + +If, then, there be no such distinction or discrimination; if protection +be the duty (and who will deny it?) with which this Government is +charged, and for which the States pay taxes, because of which they +surrendered their armies and their navies; if general protection be the +general duty, I ask, in the name of reason and constitutional right--I +ask you to point me to authority by which a discrimination is made +between slave-property and any other. Yet this is the question now +fraught with evil to our country. It is this which has raised the +hurricane threatening to sweep our political institutions before it. +This is the dark spot which some already begin to fear may blot out the +constellation of the Union from the political firmament of mankind. Does +it not become us, then, calmly to consider it, justly to weigh it; to +hold it in balances from which the dust has been blown, in order that we +may see where truth, right, and the obligations of the Constitution +require us to go? + +It may be pardoned to one who, from his earliest youth up, has been +connected with a particular party, who has always believed that the +welfare and the safety of the country most securely rested with that +party, who has seen in the triumph of Democracy the triumph of the +Union, and who has believed for years past that the downfall of +Democracy would be its destruction--it may be pardoned, I say, under +such circumstances as these, to such a person as that, to refer even in +this connection to that feature of the particular point which I am +discussing, which has been brought forward by the recent action of that +party. States met together to consult as brethren, to see whether they +could agree as well upon the candidate as upon the creed, and it was +apparent that division had entered into our ranks. After days of +discussion, we saw that party convention broken. We saw the enemies of +Democracy waiting to be invited to its funeral, and jestingly looking +into the blank faces of those of us to whom the telegraph brought the +sad intelligence. I hope this is, however, but the mist of the morning. +I have faith in the Democracy, and that it still lives. I have faith in +the patriotism and in the good sense of the Democracy, that they will +assert the truth, boldly pronounce it, meet the issue, and I trust in +the good sense and patriotism of the people for their success. + +In this connection, it may be permissible to review our present party +condition. For a long time two parties divided the people of the United +States. The controversy was mainly upon questions of expediency; +sometimes of constitutionality. They divided men in all of the States. +The contest was sometimes won by one, and sometimes by the other. The +Whig party lives now but in history, yet it has a history of which any +of its members may be proud. It bore the high but not successful part of +stemming the tide of popular impulse, and thus failed to attain the +highest power. Differing from them upon the points at issue, I offer the +homage of my respect to those who, adhering to what they believed to be +true, go down sooner than find success in the abandonment of principle. +With the disappearance of that party--and perhaps for the very reasons +that caused its disappearance--up rose radical organizations who strode +so far beyond progressive Democracy that Democracy took the place now +left vacant by the old Whig party, and became the reservoir into which +all conservatism was poured. Therefore it is that so many of those men, +eminent in their day, eminent for their services, eminent in their +history, have approved of the Democratic party in the present condition +of the country as the only conservative element which remains in our +politics. In the midst of this radicalism, of this revolutionary +tendency, it becomes not the regret of a partisan merely; it is the +sadness of an American citizen, that the party on which the conservative +hopes of the country hang has been threatened with division, and +possibly may not hereafter be united. Thanks to a sanguine temperament, +thanks to an abiding faith, thanks to a confidence in the Providence +which has so long ruled for good the destiny of my country, I believe it +will reunite, and reunite upon sound and acceptable principles. At +least, I hope so. + +From the postulates which I have laid down result the fourth and fifth +resolutions. They are the two which I expect to be opposed. They contain +the assertion of the equality of rights of all the people of the United +States in the Territories, and they declare the obligation of the +Congress to see these rights protected. I admit that the United States +may acquire eminent domain. I admit that the United States may have +sovereignty over territory; otherwise the sovereign jurisdiction which +we obtained by conquest or treaty would not pass to us. I deny that +their agent, the Federal Government, under the existing Constitution, +can have eminent domain; I deny that it can have sovereignty. I consider +it as the mere agent of the States--an agent of limited power; and that +it can do nothing save that which the Constitution empowers it to +perform; and that, though the treaty or the deed of cession may direct +or control, it can not enlarge or expand the powers of the Congress; +that it is not sovereign in any essential particular. It has functions +to perform, and those functions I propose now to consider. + +The power of Congress over the Territories--a subject not well defined +in the Constitution of the United States--has been drawn from various +sources by different advocates of that power. One has found it in the +grant of power to dispose of the Territory and other public property. +That is to say, because the agent was authorized to sell a particular +thing, or to dispose of it by grant or barter, therefore he has +sovereign power over that and all else which the principal, constituting +him an agent, may hereafter acquire! The property, besides the land, +consisted of forts, of ships, of armaments, and other things which had +belonged to the States in their separate capacity, and were turned over +to the Government of the Confederation, and transferred to the +Government of the United States, and of this, together with the land so +transferred, the Federal Government had the power to dispose; and of +territory thereafter acquired, of arms thereafter made or purchased, of +forts thereafter constructed, or custom-houses, or docks, or lights, or +buoys; of all these, of course, it had power to dispose. It had the +power to create them; it must, of necessity, have had the power to +dispose of them. It was only necessary to confer the power to dispose of +those things which the Federal Government did not create, of those +things which came to it from the States, and over which they might +signify their will for its control. + +I look upon it as the mere power to dispose of, for considerations and +objects defined in the trust, the land held in the United States, none +of which then was within the limits of the States, and the other public +property which the United States received from the States after the +formation of the Union. I do not agree with those who say the Government +has no power to establish a temporary and civil government within a +Territory. I stand half-way between the extremes of squatter sovereignty +and of Congressional sovereignty. I hold that the Congress has power to +establish a civil government; that it derives it from the grants of the +Constitution--not the one which is referred to; and I hold that that +power is limited and restrained, first, by the Constitution itself, and +then by every rule of popular liberty and sound discretion, to the +narrowest limits which the necessities of the case require. The Congress +has power to defend the territory, to repel invasion, to suppress +insurrection; the Congress has power to see the laws executed. For this +it may have a civil magistracy--territorial courts. It has the power to +establish a Federal judiciary. To that Federal judiciary, from these +local courts, may come up to be decided questions with regard to the +laws of the United States and the Constitution of the United States. +These, combined, give power to establish a temporary government, +sufficient, perhaps, for the simple wants of the inhabitants of a +Territory, until they shall acquire the population, until they shall +have the resources and the interests which justify them in becoming a +State. I am sustained in this view of the case by an opinion of the +Supreme Court of the United States in 1845, in the case of Pollard's +Lessee _vs_. P. Hagan (3 Howard, 222, 223), in which the Court say: + +"Taking the legislative acts of the United States, and the States of +Virginia and Georgia, and their deeds of cession to the United States, +and giving to each separately, and to all jointly, a fair +interpretation, we must come to the conclusion that it was the intention +of the parties to invest the United States with the eminent domain of +the country ceded, both national and municipal, for the purposes of +temporary government; and to hold it in trust for the performance of the +stipulations and conditions expressed in the deeds of cession and the +legislative acts connected with them." + +This was a question of land. It was land lying between high and low +water, over which the United States claimed to have and to exercise +authority, because of the terms on which Alabama had been admitted into +the Union. In that connection the Court say, in the same case: + +"When Alabama was admitted into the Union, on an equal footing with the +original States, she succeeded to all the rights of sovereignty, +jurisdiction, and eminent domain which Georgia possessed at the date of +the cession, except so far as this right was diminished by the public +lands remaining in the possession and under the control of the United +States for the temporary purpose provided for in the deeds of cession +and the legislative acts connected with it. Nothing remained in the +United States, according to the terms of the agreement, but the public +lands; and if an express stipulation had been inserted in the agreement, +granting the municipal right of sovereignty and eminent domain to the +United States, such stipulation would have been void and inoperative; +because the United States has no constitutional capacity to exercise +municipal jurisdiction, sovereignty, or eminent domain within the limits +of a State or elsewhere, except in the cases in which it is expressly +granted." + +Another case arose not long afterward, in which not land, but religion, +was involved, where suit was brought against the municipality of New +Orleans because they would not allow a dead body to be exposed at a +place where, according to the religious rites of those interested, it +was deemed they had a right thus to expose it. On that the Supreme Court +say, speaking of the ordinance for the government of Louisiana: + +"So far as they conferred political rights and secured civil and +religious liberties (which are political rights) the laws of Congress +were all suspended by the State Constitution; nor is any part of them in +force, unless they were adopted by the Constitution of Louisiana, as +laws of the State."[206] + +Thus we find the Supreme Court sustaining the proposition that the +Federal Government has power to establish a temporary civil government +within the limits of a Territory, but that it can enact no law which +will endure beyond the temporary purposes for which such government was +established. In other cases the decisions of the Court run in the same +line; and in 1855 the then Attorney-General, most learned in his +profession--and in what else is he not learned, for he may be said to be +a man of universal acquirements?--Attorney-General Cushing then foretold +what must have been the decision of the Supreme Court on the Missouri +Compromise, anticipating the decision subsequently made in the case of +Dred Scott; that decision for which the venerable justices have been so +often and so violently arraigned. He foretold it as the necessary +consequence from the line of precedents descending from 1842, affirmed +and reaffirmed in different cases, and now bearing on a case similar in +principle, and only different in the mere reference to the subject +involved from those which had gone before. As connected with the +decision which had agitated the peace of the country; as the +anticipation of that decision before it was made, viewing it as the +necessary consequence of the decisions which the court had made before; +if it be the pleasure of the Senate, I ask my friend from South Carolina +[Mr. Chesnut] to read for me a letter of the Attorney-General, being an +official answer made by him in relation to the military reservation +which was involved in the question before him. + +Mr. Chesnut read from the "Opinions of the Attorneys-General," vol. vii, +page 575: + +"The Supreme Court has determined that the United States never held any +municipal sovereignty, jurisdiction, or right of soil in the territory +of which any of the new States have been formed, except for temporary +purposes, and to execute the trusts created by the deeds of cession.... + +"By the force of the same principle, and in the same line of +adjudications, the Supreme Court would have had to decide that the +provision of the act of March 6, 1820, which undertakes to determine in +advance the municipal law of all that portion of the original province +of Louisiana which lies north of the parallel 36 deg. 30' north latitude, +was null and void _ab incepto_, if it had not been repealed by a recent +act of Congress. (Compare iv, Statutes at Large, p. 848, and x, Statutes +at Large, p. 289.) For an act of Congress which pretends of right, and +without consent or compact, to impose on the municipal power of any new +State or States limitations and restrictions not imposed on all, is +contrary to the fundamental condition of the Confederation, according to +which there is to be equality of right between the old and new States +'in all respects whatsoever.'" + +Mr. Davis: It was not long after this official opinion of the +Attorney-General before the case arose on which the decision was made +which has so agitated the country. Fortunate indeed was it for the +public peace that land and religion had been decided--those questions on +which men might reason had been the foundation of judicial +decision--before that which drives all reason, it seems, from the mind +of man, came to be presented the question whether Cuffee should be kept +in his normal condition or not; the question whether the Congress of the +United States could decide what might or might not be property in a +Territory--the case being that of an officer of the army sent into a +Territory to perform his public duty, having taken with him his negro +slave. The court, however, in giving their decision in this case--or +their opinion, if it suits gentlemen better--have gone into the question +with such clearness, such precision, and such amplitude, that it will +relieve me from the necessity of arguing it any further than to make a +reference to some sentences contained in that opinion. And here let me +say, I can not see how those who agreed on a former occasion that the +constitutional right of the slaveholder to take his property into the +Territory--the constitutional power of the Congress and the +constitutional power of the Territory to legislate upon that +subject--should be a judicial question, can now attempt to escape the +operation of an opinion which covers the exact political question which, +it was known beforehand, the Court would be called upon to decide. +Decided in strictness of technical language, it was known it could not +be. Hundreds, thousands, a vast variety of cases may arise, and +centuries elapse, and leave that Court, if our Union still exists, +deciding questions in relation to that character of property in the +Territories; but the great and fundamental idea was that, after thirty +years of angry controversy, dividing the people and paralyzing the arm +of the Federal Government, some umpire should be sought which would +compose the difficulty and set it upon a footing to leave us in future +to proceed in peace; and that umpire was selected which the Constitution +had provided to decide questions of law. I ask my friend to read some +extracts from the decision. + +Mr. Chesnut read as follows, from the case of Dred Scott _vs._ Sandford, +pp. 55-57: + +"The Territory being a part of the United States, the Government and the +citizen both enter it under the authority of the Constitution, with +their respective rights defined and marked out; and the Federal +Government can exercise no power over his person or property beyond what +that instrument confers, nor lawfully deny any right which it has +reserved.... + +"The powers over person and property, of which we speak, are not only +not granted to Congress, but are in express terms denied, and they are +forbidden to exercise them. And this prohibition is not confined to the +States, but the words are general, and extend to the whole territory +over which the Constitution gives it power to legislate, including those +portions of it remaining under territorial government, as well as that +covered by States. It is a total absence of power everywhere within the +dominion of the United States, and places the citizens of a Territory, +so far as these rights are concerned, on the same footing with citizens +of the States, and guards them as firmly and plainly against any inroads +which the General Government might attempt under the plea of implied or +incidental powers. And if Congress itself can not do this--if it is +beyond the powers conferred on the Federal Government--it will be +admitted, we presume, that it could not authorize a territorial +government to exercise them. It could confer no power on any local +government, established by its authority, to violate the provisions of +the Constitution.... + +"And if the Constitution recognizes the right of property of the master +in the slave, and makes no distinction between that description of +property and other property owned by a citizen, no tribunal, acting +under the authority of the United States, whether it be legislative, +executive, or judicial, has a right to draw such a distinction, or deny +to it the benefit of the provisions and guarantees which have been +provided for the protection of private property against the +encroachments of the Government.... + +"This is done in plain words--too plain to be misunderstood. And no word +can be found in the Constitution which gives Congress a greater power +over slave-property, or which entitles property of that kind to less +protection than property of any other description. The only power +conferred is the power coupled with the duty of guarding and protecting +the owner in his rights. + +"Upon these considerations, it is the opinion of the Court that the act +of Congress which prohibited a citizen from holding and owning property +of this kind, in the territory of the United States north of the line +therein mentioned, is not warranted by the Constitution, and is +therefore void; and that neither Dred Scott himself, nor any of his +family, were made free by being carried into this territory, even if +they had been carried there by the owner, with the intention of becoming +a permanent resident." + +Mr. Davis: Here, then, Mr. President, I say the umpire selected as the +referee in the controversy has decided that neither the Congress nor its +agent, the territorial government, has the power to invade or impair the +right of property within the limits of a Territory. I will not inquire +whether it be technically a decision or not. It was obligatory on those +who selected the umpire and agreed to abide by the award. + +It is well known to those who have been associated with me in the two +Houses of Congress that, from the commencement of the question, I have +been the determined opponent of what is called squatter sovereignty. I +never gave it countenance, and I am now least of all disposed to give it +quarter. In 1848 it made its appearance for good purposes. It was +ushered in by a great and good man. He brought it forward because of +that distrust which he had in the capacity of the Government to bear the +rude shock to which it was exposed. His apprehension, no doubt, to some +extent sharpened and directed his patriotism, and his reflection led him +to a conclusion to which, I doubt not, to-day he adheres as tenaciously +as ever; but from which it was my fortune, good or ill, to dissent when +his letter was read to me in manuscript--I being, together with some +other persons, asked, though not by the writer, whether or not it should +be sent. At the first blush I believed it to be a fallacy--a fallacy +fraught with mischief; that it escaped an issue which was upon us which +it was our duty to meet; that it escaped it by a side path, which led to +a greater danger. I thought it a fallacy which would surely be exploded. +I doubted then, and still more for some time afterward, when held to a +dread responsibility for the position which I occupied. I doubted +whether I should live to see that fallacy exploded. It has been more +speedily, and, to the country, more injuriously than I anticipated. In +the mean time, what has been its operation? Let Kansas speak--the first +great field on which the trial was made. What was then the consequence? +The Federal Government withdrawing control, leaving the contending +sections, excited to the highest point upon this question, each to send +forth its army, Kansas became the battle-field, and Kansas the cry, +which wellnigh led to civil war. This was the first fruit. More deadly +than the fatal upas, its effect was not limited to the mere spot of +ground on which the dew fell from its leaves, but it spread throughout +the United States; it kindled all which had been collected for years of +inflammable material. It was owing to the strength of our Government and +the good sense of the quiet masses of the people that it did not wrap +our country in one widespread conflagration. + +What right had Congress then, or what right has it now, to abdicate any +power conferred upon it as trustee of the States? What right had +Congress then, or has it now, to shrink from the performance of a duty +because the mere counters spread on the table may be swept off, when +they have not answered the purposes for which they were placed? What is +it to you, or me, or any one, when we weigh our own continuation in +place against the great interests of which we are conservators; against +the welfare of the country, and the liberty of our posterity to the +remotest ages? What is it, I say, which can be counted in the balance on +our side against the performance of that duty which is imposed upon us? +If any one believes Congress has not the constitutional power, he acts +conscientiously in insisting upon Congress not usurping it. If any one +believes that the squatters upon the lands of the United States within a +Territory are invested with sovereignty, having won it by some of those +processes unknown to history, without grant, or without revolution, +without money and without price, he, adhering to the theory, may pursue +it to its conclusion. To the first class, those who claim sovereign +power over the Territories for Congress, I say, lay your hand upon the +Constitution, and find there the warrant of your authority. Of the +second, those of whom I have last spoken, I ask, in the Constitution, +reason, right, or justice, what is there to sustain your theory? + +The phraseology which has been employed on this question seems to me to +betray a strange confusion of ideas--to speak of a sovereignty, a +plenary legislative power deriving its power from an agent; a +sovereignty, held subject to articles with the formation of which that +sovereignty had nothing to do; a compact to which it was not a party! +You say to a sovereign: "A and B have agreed on certain terms between +themselves, and you must govern your conduct according to them; yet I do +not deny your sovereignty!" That is, the power to do as they please, +provided it conforms to the rule which others chose to lay down! Can +this be a definition of sovereignty? + +But again, sir, nothing seems to me more illogical than the argument +that this power is acquired by a grant from the Congress, connected with +the other argument that Congress have not got the power to do the act +themselves; that is to say, that the recipient takes more than the giver +possessed; that a Territorial Legislature can do anything which a State +Legislature can do, and that "subject to the Constitution" means merely +the restraints imposed upon both. This is confounding the whole theory +and the history of our Government. The States were the grantors; they +made the compact; they gave the Federal agent its powers; they inhibited +themselves from doing certain things, and all else they retained to +themselves. This Federal agent got just so much as the States chose to +give--no more. It could do nothing save by warrant of the authority of +the grant made by the States. Therefore its powers are not comparable to +the powers of the State Legislature, because one is the creature of +grant, and the other the exponent of sovereign power. The Supreme Court +have covered the whole ground of the relation of the Congress to the +Territorial Legislatures--the agent of the States and the agent of the +Congress--and the restrictions put upon the one are those put upon the +other, in language so clear as to render it needless further to labor +the subject. + +In 1850, following the promulgation of this notion of squatter +sovereignty, we had the idea of non-intervention introduced into the +Senate of the United States, and it is strange to me how that idea has +expanded. It seems to have been more malleable than gold; to have been +hammered out to an extent that covers boundless regions undiscovered by +those who proclaimed the doctrine. Non-intervention then meant, as the +debates show, that Congress should neither prohibit nor establish +slavery in the Territories. That I hold to now. Will any one suppose +that Congress then meant by non-intervention that Congress should +legislate in no regard in respect to property in slaves? Why, sir, the +very acts which they passed at the time refute it. There is the fugitive +slave law, and that abomination of laws which assumed to confiscate the +property of a citizen who should attempt to bring it into this District +with intent to remove it to sell it at some other time and at some other +place. Congress acted then upon the subject--acted beyond the limit of +its authority, as I believed, confidently believed; and, if ever that +act comes before the Supreme Court, I feel satisfied they will declare +it null and void. Are we to understand that those men, thus acting at +the very moment, intended by non-intervention to deny and repudiate the +laws they were then creating? The man who stood most prominently the +advocate of the measures of that year, who, great in many periods of our +history, perhaps shone then with the brightest light his genius ever +emitted--I refer to Henry Clay--has given his own view on this subject; +and I suppose he may be considered as the highest authority. On June 18, +1850, I had introduced an amendment to the compromise bill, providing: + +"And that all laws, or parts of laws, usages, or customs, preexisting in +the Territories acquired by the United States from Mexico, and which in +said Territories restrict, abridge, or obstruct, the full enjoyment of +any right of person or property of a citizen of the United States, as +recognized or guaranteed by the Constitution or laws of the United +States, are hereby declared and shall be held as repealed." + +Upon that, Mr. Clay said: + +"Mr. President: I thought that upon this subject there had been a clear +understanding in the Senate that the Senate would not decide itself upon +the _lex loci_ as it respects slavery; that the Senate would not allow +the Territorial Legislature to pass any law upon that question. In other +words, that it would leave the operation of the local law, or of the +Constitution of the United States upon that local law, to be decided by +the proper and competent tribunal--the Supreme Court of the United +States."--(_Appendix to Congressional Globe_, Thirty-first Congress, +first session, p. 916.) + +That was the position taken by Mr. Clay, the leader. A mere sentence +will show with what view I regarded the dogma of non-intervention when +that amendment was offered. I said: + +"But what is non-intervention seems to vary as often as the light and +shade of every fleeting cloud. It has different meanings in every State, +in every county, in every town. If non-intervention means that we shall +not have protection for our property in slaves, then I always was, and +always shall be, opposed to it. If it means that we shall not have the +protection of the law because it would favor slaveholders, that Congress +shall not legislate so as to secure to us the benefits of the +Constitution, then I am opposed to non-intervention, and shall always be +opposed to it."--(_Appendix to Congressional Globe_, Thirty-first +Congress, first session, p. 919.) + +Mr. Downs, one of the Committee of Thirteen, and an advocate of the +measures, said: + +"What I understand by non-intervention is, an interposition of Congress +prohibiting, or establishing, or interfering with slavery."--(_Appendix +to Congressional Globe_, Thirty-first Congress, first session, p. 99.) + +By what species of legerdemain this doctrine of non-intervention has +come to extend to a paralysis of the Government on the whole subject, to +exclude the Congress from any kind of legislation whatever, I am at a +loss to conceive. Certain it is, it was not the theory of that period, +and it was not contended for in all the controversies we had then. I had +no faith in it then; I considered it an evasion; I held that the duty of +Congress ought to be performed; that the issue was before us, and ought +to be met, the sooner the better; that truth would prevail if presented +to the people; borne down to-day, it would rise up to-morrow; and I +stood then on the same general plea which I am making now. The Senator +from Illinois [Mr. Douglas] and myself differed at that time, as I +presume we do now. We differed radically then. He opposed every +proposition which I made, voting against propositions to give power to a +Territorial Legislature to protect slave-property which should be taken +there; to remove the obstructions of the Mexican laws; voting for a +proposition to exclude the conclusion that slavery might be taken there; +voting for the proposition expressly to prohibit its introduction; +voting for the proposition to keep in force the laws of Mexico which +prohibited it. Some of these votes, it is but just to him I should say, +I think he gave perforce of his instructions; but others of them, I +think it is equally fair to suppose, were outside of the limits of any +instructions which could have been given before the fact. + +In 1854, advancing in this same general line of thought, the Congress, +in enacting territorial bills, left out a provision which had before +been usually contained in them, requiring the Legislature of the +Territory to submit its laws to the Congress of the United States. It +has been sometimes assumed that this was the recognition of the power of +the Territorial Legislature to exercise plenary legislation, as might +that of a State. It will be remembered that, when our present form of +government was instituted, there were those who believed the Federal +Government should have the power of revision over the laws of a State. +It was long and ably contended for in the Convention which formed the +Constitution; and one of the compromises which was made was an appellate +power--to lodge power in the Supreme Court to decide all questions of +constitutional law. + +But did this omission of the obligation to send here the laws of the +Territories work this grant of power to the Territorial Legislature? +Certainly not; it could not; and that it did not is evinced by the fact +that, at a subsequent period, the organic act was revised because the +legislation of the Territory of Kansas was offensive to the Congress of +the United States. Congress could not abdicate its authority; it could +not abandon its trust; and, when it omitted the requirement that the +laws should be sent back, it created a _casus_ which required it to act +without the official records being laid before it, as they would have +been if the obligation had existed. That was all the difference. It was +not enforcing upon the agent the obligation to send the information. It +left Congress, as to its power, just where it was. I find myself +physically unable to go as fully into the subject as I intended, and +therefore, omitting a reference to those acts, suffice it to say that +here was the recognition of the obligation of Congress to interpose +against a Territorial Legislature for the protection of personal right. +That is what we ask of Congress now. I am not disposed to ask this +Congress to go into speculative legislation. I am not one of those who +would willingly see this Congress enact a code to be applied to all +Territories and for all time to come. I only ask that cases, as they +arise, may be met according to the exigency. I ask that when personal +and property rights in the Territories are not protected, then the +Congress, by existing laws and governmental machinery, shall intervene +and provide such means as will secure in each case, as far as may be, an +adequate remedy. I ask no slave code, nor horse code, nor machine code. +I ask that the Territorial Legislature be made to understand beforehand +that the Congress of the United States does not concede to them the +power to interfere with the rights of person or property guaranteed by +the Constitution, and that it will apply the remedy, if the Territorial +Legislature should so far forget its duty, so far transcend its power, +as to commit that violation of right. That is the announcement of the +fifth resolution. + + * * * * * + +These are the general views which I entertain of our right of protection +and the duty of the Government. They are those which are entertained by +the constituency I have the honor to represent, whose delegation has +recently announced those principles at Charleston. I honor them, and I +approve their conduct. I think their bearing was worthy of the +mother-State which sent them there; and I doubt not she will receive +them with joy and gratitude. They have asserted and vindicated her +equality of right. By that asserted equality of right I doubt not she +will stand. For weal or for woe, for prosperity or adversity, for the +preservation of the great blessings which we enjoy, or the trial of a +new and separate condition, I trust Mississippi never will surrender the +smallest atom of the sovereignty, independence, and equality, to which +she was born, to avoid any danger or any sacrifice to which she may +hereby be exposed. + +The sixth resolution of the series declares at what time a State may +form a Constitution and decide upon her domestic institutions. I deny +this right to the territorial condition, because the Territory belongs +in common to the States. Every citizen of the United States, as a joint +owner of that Territory, has a right to go into it with any property +which he may possess. These territorial inhabitants require municipal +law, police, and government. They should have them, but they should be +restricted to their own necessities. They have no right within their +municipal power to attempt to decide the rights of the people of the +States. They have no right to exclude any citizen of the United States +from owning and equally enjoying this common possession; it is for the +purpose of preserving order, and giving protection to rights of person +and property, that a municipal territorial government should be +instituted. + +The last resolution refers to a law founded on a provision of the +Constitution, which contains an obligation of faith to every State of +the Union; and that obligation of faith has been violated by thirteen +States of the Confederacy--as many as originally fought the battles of +the Revolution and established the Confederation. Is it to be expected +that a compact thus broken in part, violated in its important features, +will be regarded as binding in all else? Is the free trade which the +North sought in the formation of the Union, and for which the States +generally agreed to give Congress the power to regulate commerce, to be +trampled under foot by laws of obstruction, not giving to the citizens +of the South that free transit across the territory of the Northern +States which we might claim from any friendly state under Christendom; +and is Congress to stand powerless by, on the doctrine of +non-intervention? We have a right to claim abstinence from interference +with our rights from any Government on the earth. Shall we claim no more +from that which we have constituted for our own purposes, and which we +support by draining our own means for its support? + +We have had agitation, changing in its form, and gathering intensity, +for the last forty years. It was first for political power, and directed +against new States; now it has assumed a social form, is all-prevailing, +and has reached the point of revolution and civil war. For it was only +last fall that an overt act was committed by men who were sustained by +arms and money, raised by extensive combination among the +non-slaveholding States, to carry treasonable war against the State of +Virginia, because now, as before the Revolution, and ever since, she +held the African in bondage. This is part of the history and marks the +necessity of the times. It warns us to stop and reflect, to go back to +the original standard, to measure our acts by the obligation of our +fathers, by the pledges they made one to the other, to see whether we +are conforming to our plighted faith, and to ask seriously, solemnly, +looking each other inquiringly in the face, what we should do to save +our country. + +This agitation being at first one of sectional pride for political +power, has at last degenerated or grown up to (as you please) a trade. +There are men who habitually set aside a portion of money which they are +annually to apply to what are called "charitable purposes"--that is to +say, so far as I understand it, to support some vagrant lecturer, whose +purpose is agitation and mischief wherever he goes. This constitutes, +therefore, a trade; a class of people are thus employed--employed for +mischief, for incendiary purposes, perhaps not always understood by +those who furnish the money; but such is the effect; such is the result +of their action; and in this state of the case I call upon the Senate to +affirm the great principles on which our institutions rest. In no spirit +of crimination have I stated the reasons why I present it. For these +reasons I call upon them now to restrain the growth of evil passion, and +to bring back the public sense as far as in them lies, by earnest and +united effort, if it may be, to crown our country with peace, and start +it once more in its primal channel on a career of progressive prosperity +and justice. + +The majority section can not be struggling for additional power in order +to preserve their rights. If any of them ever believed in what is called +Southern aggression, they know now they have the majority in the +representative districts and in the electoral college. They can not, +therefore, fear an invasion of their rights. They need no additional +political power to protect them from that. The argument, then, or the +reason on which this agitation commenced, has passed away; and yet we +are asked, if a party hostile to our institutions shall gain possession +of the Government, that we shall stand quietly by, and wait for an overt +act. Overt act! Is not a declaration of war an overt act? What would be +thought of a country that, after a declaration of war, and while the +enemy's fleets were upon the sea, should wait until a city had been +sacked before it would say that war existed, or resistance should be +made? The power of resistance consists, in no small degree, in meeting +the evil at the outer gate. I can speak for myself--and I have no right +to speak for others--when I say, that, if I belonged to a party +organized on the basis of making war on any section or interest in the +United States, if I know myself, I would instantly quit it. We have made +no war against you. We have asked no discrimination in our favor. We +claim to have but the Constitution fairly and equally administered. To +consent to less than this would be to sink in the scale of manhood; +would be to make our posterity so degraded that they would curse this +generation for robbing them of the rights their Revolutionary fathers +bequeathed them.... + +Among the great purposes declared in the preamble of the Constitution is +one to provide for the general welfare. Provision for the general +welfare implies general fraternity. This Union was not expected to be +held together by coercion; the power of force as a means was denied. +They sought, however, to bind it perpetually together with that which +was stronger than triple bars of brass and steel--the ceaseless current +of kind offices, renewing and renewed in an eternal flow, and gathering +volume and velocity as it rolled. It was a function intended not for the +injury of any. It declared its purpose to be the benefit of all. +Concessions which were made between the different States in the +Convention prove the motive. Each gave to the other what was necessary +to it; what each could afford to spare. Young as a nation, our triumphs +under this system have had no parallel in human history. We have tamed a +wilderness; we have spanned a continent. We have built up a granary that +secures the commercial world against the fear of famine. Higher than all +this, we have achieved a moral triumph. We have received, by hundreds of +thousands, a constant tide of immigrants--energetic, if not well +educated, fleeing, some from want, some from oppression, some from the +penalties of violated law--received them into our society; and by the +gentle suasion of a Government which exhibits no force, by removing want +and giving employment, they have subsided into peaceful citizens, and +have increased the wealth and power of our country. + +If, then, this temple so blessed, and to the roof of which we were about +to look to see it extended over the continent, giving a protecting arm +to infant republics that need it--if this temple is tottering on its +pillars, what, I ask, can be a higher or nobler duty for the Senate to +perform than to rush to its pillars and uphold them, or be crushed in +the attempt? We have tampered with a question which has grown in +magnitude by each year's delay. It requires to be plainly met--the truth +to be told. The patriotism and the sound sense of the people, whenever +the Federal Government from its high places of authority shall proclaim +the truth in unequivocal language, will, in my firm belief, receive and +approve it. But so long as we deal, like the Delphic oracle, in words of +double meaning, so long as we attempt to escape from responsibility, and +exhibit our fear to declare the truth by the fact that we do not act +upon it, we must expect speculative theory to occupy the mind of the +public, and error to increase as time rolls on. But, if the sad fate +should be ours, for this most minute cause, to destroy our Government, +the historian who shall attempt philosophically to examine the question +will, after he has put on his microscopic glasses and discovered it, be +compelled to cry out, "Veritably so the unseen insect in the course of +time destroys the mighty oak!" Now, I believe--may I not say I believe? +if not, then I hope--there is yet time, by the full, explicit +declaration of the truth, to disabuse the popular mind, to arouse the +popular heart, to expose the danger from lurking treason and +ill-concealed hostility; to rally a virtuous people to their country's +rescue, who, circling closer and deeper as the storm gathers fury, +around the ark of their fathers' covenant, will place it in security, +there happily to remain a sign of fraternity, justice, and equality, to +our remotest posterity. + + +[Footnote 199: Elliott's "Debates," vol. v, p. 133.] + +[Footnote 200: Ibid., p. 457.] + +[Footnote 201: Elliot's "Debates," vol. v, p. 457.] + +[Footnote 202: Ibid.] + +[Footnote 203: Ibid, p. 459.] + +[Footnote 204: Ibid.] + +[Footnote 205: Ibid., p. 460.] + +[Footnote 206: Permoli _vs_. First Municipality, 3 Howard, 610.] + + + + +APPENDIX G. + + +Correspondence between the Commissioners of South Carolina and the +President of the United States (Mr. Buchanan) relative to the forts in +the harbor of Charleston. + + +_Letter of the Commissioners to the President_. + +Washington, _December_ 28, 1860. + +Sir: We have the honor to transmit to you a copy of the full powers from +the Convention of the People of South Carolina, under which we are +"authorized and empowered to treat with the Government of the United +States for the delivery of the forts, magazines, lighthouses, and other +real estate, with their appurtenances, within the limits of South +Carolina, and also for an apportionment of the public debt, and for a +division of all other property held by the Government of the United +States as agent of the confederated States of which South Carolina was +recently a member; and generally to negotiate as to all other measures +and arrangements proper to be made and adopted in the existing relation +of the parties, and for the continuance of peace and amity between this +Commonwealth and the Government at Washington." + +In the execution of this trust, it is our duty to furnish you, as we now +do, with an official copy of the ordinance of secession, by which the +State of South Carolina has resumed the powers she delegated to the +Government of the United States, and has declared her perfect +sovereignty and independence. + +It would also have been our duty to have informed you that we were ready +to negotiate with you upon all such questions as are necessarily raised +by the adoption of this ordinance, and that we were prepared to enter +upon this negotiation with the earnest desire to avoid all unnecessary +and hostile collision, and so to inaugurate our new relations as to +secure mutual respect, general advantage, and a future of good-will and +harmony beneficial to all the parties concerned. + +But the events of the last twenty-four hours render such an assurance +impossible. We came here the representatives of an authority which +could, at any time within the past sixty days, have taken possession of +the forts in Charleston Harbor, but which, upon pledges given in a +manner that, we can not doubt, determined to trust to your honor rather +than to its own power. Since our arrival here an officer of the United +States, acting, as we are assured, not only without but against your +orders, has dismantled one fort and occupied another, thus altering, to +a most important extent, the condition of affairs under which we came. + +Until these circumstances are explained in a manner which relieves us of +all doubt as to the spirit in which these negotiations shall be +conducted, we are forced to suspend all discussion as to any +arrangements by which our mutual interests might be amicably adjusted. + +And, in conclusion, we would urge upon you the immediate withdrawal of +the troops from the harbor of Charleston. Under present circumstances, +they are a standing menace which renders negotiation impossible, and, as +our recent experience shows, threatens speedily to bring to a bloody +issue questions which ought to be settled with temperance and judgment. + +We have the honor, sir, to be, very respectfully, your obedient +servants, + +R. W. BARNWELL,} +J. H. ADAMS, } _Commissioners_. +JAMES L. ORR, } + +To the President of the United States. + + + +_Reply of the President to the Commissioners_. + +Washington City, _December_ 30, 1860. + +Gentlemen: I have the honor to receive your communication of 28th inst., +together with a copy of your "full powers from the Convention of the +People of South Carolina," authorizing you to treat with the Government +of the United States on various important subjects therein mentioned, +and also a copy of the ordinance bearing date on the 20th inst., +declaring that "the union now subsisting between South Carolina and +other States, under the name of 'The United States of America,' is +hereby dissolved." + +In answer to this communication, I have to say that my position as +President of the United States was clearly defined in the message to +Congress of the 3d instant. In that I stated that, "apart from the +execution of the laws, so far as this may be practicable, the Executive +has no authority to decide what shall be the relations between the +Federal Government and South Carolina. He has been invested with no such +discretion. He possesses no power to change the relations heretofore +existing between them, much less to acknowledge the independence of that +State. This would be to invest a mere executive officer with the power +of recognizing the dissolution of the confederacy among our thirty-three +sovereign States. It bears no resemblance to the recognition of a +foreign _de facto_ government--involving no such responsibility. Any +attempt to do this would, on his part, be a naked act of usurpation. It +is, therefore, my duty to submit to Congress the whole question, in all +its bearings." + +Such is my opinion still. I could, therefore, meet you only as private +gentlemen of the highest character, and was entirely willing to +communicate to Congress any proposition you might have to make to that +body upon the subject. Of this you were well aware. It was my earnest +desire that such a disposition might be made of the whole subject by +Congress, who alone possess the power, as to prevent the inauguration of +a civil war between the parties in regard to the possession of the +Federal forts in the harbor of Charleston; and I therefore deeply regret +that, in your opinion, "the events of the last twenty-four hours render +this impossible." In conclusion, you urge upon me "the immediate +withdrawal of the troops from the harbor of Charleston," stating that, +"under present circumstances, they are a standing menace, which renders +negotiation impossible, and, as our present experience shows, threatens +speedily to bring to a bloody issue questions which ought to be settled +with temperance and judgment." + +The reason for this change in your position is that, since your arrival +in Washington, "an officer of the United States, acting as we (you) are +assured, not only without your (my) orders, has dismantled one fort and +occupied another, thus altering, to a most important extent, the +condition of affairs under which we (you) came." You also allege that +you came here "the representatives of an authority which could at any +time within the past sixty days have taken possession of the forts in +Charleston Harbor, but which, upon pledges given in a manner that we +(you) can not doubt, determined to trust to your (my) honor rather than +to its own power." + +This brings me to a consideration of the nature of those alleged +pledges, and in what manner they have been observed. In my message of +the 3d of December last, I stated, in regard to the property of the +United States in South Carolina, that it "has been purchased for a fair +equivalent 'by the consent of the Legislature of the State, for the +erection of forts, magazines, arsenals,' etc., and over these the +authority 'to exercise exclusive legislation' has been expressly granted +by the Constitution to Congress. It is not believed that any attempt +will be made to expel the United States from this property by force; +but, if in this I should prove to be mistaken, the officer in command of +the forts has received orders to act strictly on the defensive. In such +a contingency, the responsibility for consequences would rightfully rest +upon the heads of the assailants." This being the condition of the +parties on Saturday, 8th December, four of the representatives from +South Carolina called upon me and requested an interview. We had an +earnest conversation on the subject of these forts, and the best means +of preventing a collision between the parties, for the purpose of +sparing the effusion of blood. I suggested, for prudential reasons, that +it would be best to put in writing what they said to me verbally. They +did so accordingly, and on Monday morning, the 10th instant, three of +them presented to me a paper signed by all the representatives from +South Carolina, with a single exception, of which the following is a +copy: + + + +"To his Excellency James Buchanan, _President of the United States_: + +"In compliance with our statement to you yesterday, we now express to +you our strong convictions that neither the constituted authorities, nor +any body of the people of the State of South Carolina, will either +attack or molest the United States forts in the harbor of Charleston, +previously to the action of the Convention, and, we hope and believe, +not until an offer has been made, through an accredited representative, +to negotiate for an amicable arrangement of all matters between the +State and the Federal Government, provided that no reenforcements shall +be sent into those forts, and their relative military _status_ shall +remain as at present. + +"John McQueen, +"William Porcher Miles, +"M. L. Bonham, +"W. W. Boyce, +"Lawrence M. Keitt. + +"Washington, _December 9, 1860_." + + +And here I must, in justice to myself, remark that, at the time the +paper was presented to me, I objected to the word "provided," as it +might be construed into an agreement, on my part, which I never would +make. They said that nothing was further from their intention; they did +not so understand it, and I should not so consider it. It is evident +they could enter into no reciprocal agreement with me on the subject. +They did not profess to have authority to do this, and were acting in +their individual character. I considered it as nothing more, in effect, +than the promise of highly honorable gentlemen to exert their influence +for the purpose expressed. The event has proved that they have +faithfully kept this promise, although I have never since received a +line from any one of them, or from any member of the Convention on the +subject. It is well known that it was my determination, and this I +freely expressed, not to reenforce the forts in the harbor, and thus +produce a collision, until they had been actually attacked, or until I +had certain evidence that they were about to be attacked. This paper I +received most cordially, and considered it as a happy omen that peace +might still be preserved, and that time might thus be gained for +reflection. This is the whole foundation for the alleged pledge. + +But I acted in the same manner I would have done had I entered into a +positive and formal agreement with parties capable of contracting, +although such an agreement would have been, on my part, from the nature +of my official duties, impossible. + +The world knows that I have never sent any reenforcements to the forts +in Charleston Harbor, and I have certainly never authorized any change +to be made "in their relative military _status_." + +Bearing upon this subject, I refer you to an order issued by the +Secretary of War, on the 11th instant, to Major Anderson, but not +brought to my notice until the 21st instant. It is as follows: + + +"_Memorandum of verbal instructions to Major_ Anderson, _First +Artillery, commanding Fort Moultrie, South Carolina_: + +"You are aware of the great anxiety of the Secretary of War that a +collision of the troops with the people of this State shall be avoided, +and of his studied determination to pursue a course, with reference to +the military force and forts in this harbor, which shall guard against +such a collision. He has, therefore, carefully abstained from increasing +the force at this point, or taking any measures which might add to the +present excited state of the public mind, or which would throw any doubt +on the confidence he feels that South Carolina will not attempt by +violence to obtain possession of the public works, or to interfere with +their occupancy. But, as the counsel of rash and impulsive persons may +possibly disappoint these expectations of the Government, he deems it +proper that you should be prepared with instructions to meet so unhappy +a contingency. He has, therefore, directed me, verbally, to give you +such instructions. + +"You are carefully to avoid every act which would needlessly tend to +provoke aggression; and, for that reason, you are not, without evident +and imminent necessity, to take up any position which could be construed +into the assumption of a hostile attitude; but you are to hold +possession of the forts in this harbor, and, if attacked, you are to +defend yourself to the last extremity. The smallness of your force will +not permit you, perhaps, to occupy more than one of the three forts; but +an attack on or attempt to take possession of either of them will be +regarded as an act of hostility, and you may then put your command into +either of them which you may deem most proper, to increase its power of +resistance. You are also authorized to take similar defensive steps +whenever you have tangible evidence of a design to proceed to a hostile +act. + +"D. P. Butler, _Assistant Adjutant-General_. + +"Fort Moultrie, South Carolina, _December 11, 1860_. + +"This is in conformity to my instructions to Major Buel. + +"John B. Floyd, _Secretary of War_." + +These were the last instructions transmitted to Major Anderson before +his removal to Fort Sumter, with a single exception in regard to a +particular which does not, in any degree, affect the present question. +Under these circumstances it is clear that Major Anderson acted upon his +own responsibility, and without authority, unless, indeed, he had +"tangible evidence of a design to proceed to a hostile act" on the part +of the authorities of South Carolina, which has not yet been alleged. +Still he is a brave and honorable officer, and justice requires that he +should not be condemned without a fair hearing. + +Be this as it may, when I learned that Major Anderson had left Fort +Moultrie, and proceeded to Fort Sumter, my first promptings were to +command him to return to his former position, and there to await the +contingencies presented in his instructions. This could only have been +done, with any degree of safety to the command, by the concurrence of +the South Carolina authorities. But, before any steps could possibly +have been taken in this direction, we received information, dated on the +28th instant, that "the Palmetto flag floated out to the breeze at +Castle Pinckney, and a large military force went over last night (the +27th) to Fort Moultrie." Thus the authorities of South Carolina, without +waiting or asking for any explanation, and doubtless believing, as you +have expressed it, that the officer had acted not only without, but +against my orders, on the very next day after the night when the removal +was made, seized, by a military force, two of the three Federal forts in +the harbor of Charleston, and have covered them under their own flag, +instead of that of the United States. At this gloomy period of our +history, startling events succeed each other rapidly. On the very day +(the 27th instant) that possession of these two forts was taken, the +Palmetto flag was raised over the Federal Custom-House and Post-Office +in Charleston; and on the same day every officer of the +customs--collector, naval officers, surveyor, and appraisers--resigned +their offices. And this, although it was well known, from the language +of my message, that as an executive officer I felt myself bound to +collect the revenue at the port of Charleston under the existing laws. +In the harbor of Charleston we now find three forts confronting each +other, over all of which the Federal flag floated only four days ago; +but now over two of them this flag has been supplanted, and the Palmetto +flag has been substituted in its stead. It is under all these +circumstances that I am urged immediately to withdraw the troops from +the harbor of Charleston, and am informed that, without this, +negotiation is impossible. This I can not do; this I will not do. Such +an idea was never thought of by me in any possible contingency. No +allusion to it had ever been made in any communication between myself +and any human being. But the inference is, that I am bound to withdraw +the troops from the only fort remaining in the possession of the United +States in the harbor of Charleston, because the officer then in command +of all the forts thought proper, without instructions, to change his +position from one of them to another. I can not admit the justice of any +such inference. + +At this point of writing I have received information, by telegram, from +Captain Humphreys, in command of the arsenal at Charleston, that "it has +to-day (Sunday, the 30th) been taken by force of arms." It is estimated +that the munitions of war belonging to the United States in this arsenal +are worth half a million of dollars. + +Comment is needless. After this information, I have only to add that, +while it is my duty to defend Fort Sumter, as a portion of the public +property of the United States, against hostile attacks from whatever +quarter they may come, by such means as I may possess for this purpose, +I do not perceive how such a defense can be construed into a menace +against the city of Charleston. + +With great personal regard, I remain + +Yours, very respectfully, + +JAMES BUCHANAN. + +To Honorable Robert W. Barnwell, James H. Adams, James L. Orr. + + +_Reply of the Commissioners to the President_. + +Washington, D.C., _January_ 1, 1861. + +Sir: We have the honor to acknowledge the receipt of your letter of the +30th December, in reply to a note addressed by us to you on the 28th of +the same month, as commissioners from South Carolina. + +In reference to the declaration with which your reply commences, that +"your position as President of the United States was clearly defined in +the message to Congress of the 3d instant," that you possess "no power +to change the relations heretofore existing between South Carolina and +the United States, much less to acknowledge the independence of that +State"; and that, consequently, you could meet us only as private +gentlemen of the highest character, with an entire willingness to +communicate to Congress any proposition we might have to make, we deem +it only necessary to say that, the State of South Carolina having, in +the exercise of that great right of self-government which underlies all +our political organizations, declared herself sovereign and independent, +we, as her representatives, felt no special solicitude as to the +character in which you might recognize us. Satisfied that the State had +simply exercised her unquestionable right, we were prepared, in order to +reach substantial good, to waive the formal considerations which your +constitutional scruples might have prevented you from extending. We came +here, therefore, expecting to be received as you did receive us, and +perfectly content with that entire willingness of which you assured us, +to submit any proposition to Congress which we might have to make upon +the subject of the independence of the State. That willingness was ample +recognition of the condition of public affairs which rendered our +presence necessary. In this position, however, it is our duty, both to +the State which we represent and to ourselves, to correct several +important misconceptions of our letter into which you have fallen. + +You say, "It was my earnest desire that such a disposition might be made +of the whole subject by Congress, who alone possesses the power to +prevent the inauguration of a civil war between the parties in regard to +the possession of the Federal forts in the harbor of Charleston; and I, +therefore, deeply regret that, in your opinion, 'the events of the last +twenty-four hours render this impossible.'" We expressed no such +opinion, and the language which you quote as ours is altered in its +sense by the omission of a most important part of the sentence. What we +did say was, "But the events of the last twenty-four hours render _such +an assurance_ impossible." Place that "assurance," as contained in our +letter, in the sentence, and we are prepared to repeat it. + +Again, professing to quote our language, you say: "Thus the authorities +of South Carolina, without waiting or asking for any explanation, and +doubtless believing, as you have expressed it, that the officer had +acted not only without, but against my orders," etc. We expressed no +such opinion in reference to the belief of the people of South Carolina. +The language which you have quoted was applied solely and entirely to +_our assurance_, obtained here, and based, as you well know, upon your +own declaration--a declaration which, at that time, it was impossible +for the authorities of South Carolina to have known. But, without +following this letter into all its details, we propose only to meet the +chief points of the argument. + +Some weeks ago, the State of South Carolina declared her intention, in +the existing condition of public affairs, to secede from the United +States. She called a convention of her people to put her declaration in +force. The Convention met and passed the ordinance of secession. All +this you anticipated, and your course of action was thoroughly +considered. In your annual message you declared that you had no right, +and would not attempt, to coerce a seceding State, but that you were +bound by your constitutional oath, and would defend the property of the +United States within the borders of South Carolina, if an attempt was +made to take it by force. Seeing very early that this question of +property was a difficult and delicate one, you manifested a desire to +settle it without collision. You did not reenforce the garrisons in the +harbor of Charleston. You removed a distinguished and veteran officer +from the command of Fort Moultrie, because he attempted to increase his +supply of ammunition. You refused to send additional troops to the same +garrison when applied for by the officer appointed to succeed him. You +accepted the resignation of the oldest and most eminent member of your +Cabinet, rather than allow these garrisons to be strengthened. You +compelled an officer stationed at Fort Sumter to return immediately to +the arsenal forty muskets which he had taken to arm his men. You +expressed, not to one, but to many, of the most distinguished of our +public characters, whose testimony will be placed upon the record +whenever it is necessary, your anxiety for a peaceful termination of +this controversy, and your willingness not to disturb the military +_status_ of the forts, if commissioners should be sent to the +Government, whose communications you promised to submit to Congress. You +received and acted on assurances from the highest official authorities +of South Carolina, that no attempt would be made to disturb your +possession of the forts and property of the United States, if you would +not disturb their existing condition until commissioners had been sent, +and the attempt to negotiate had failed. You took from the members of +the House of Representatives a written memorandum that no such attempt +should be made, "provided that no reenforcements shall be sent into +those forts, and their relative military _status_ shall remain as at +present." And, although you attach no force to the acceptance of such a +paper, although you "considered it as nothing more in effect than the +promise of highly honorable gentlemen," as an obligation on one side +without corresponding obligation on the other, it must be remembered (if +we are rightly informed) that you were pledged, if you ever did send +reenforcements, to return it to those from whom you had received it +before you executed your resolution. You sent orders to your officers, +commanding them strictly to follow a line of conduct in conformity with +such an understanding. + +Besides all this, you had received formal and official notice, from the +Governor of South Carolina, that we had been appointed commissioners and +were on our way to Washington. You knew the implied condition under +which we came; our arrival was notified to you, and an hour appointed +for an interview. We arrived in Washington on Wednesday, at three +o'clock, and you appointed an interview with us at one the next day. +Early on that day, Thursday, the news was received here of the movement +of Major Anderson. That news was communicated to you immediately, and +you postponed our meeting until half-past two o'clock on Friday, in +order that you might consult your Cabinet. On Friday we saw you, and we +called upon you then to redeem your pledge. You could not deny it. With +the facts we have stated, and in the face of the crowning and conclusive +fact that your Secretary of War had resigned his seat in the Cabinet, +upon the publicly avowed ground that the action of Major Anderson had +violated the pledged faith of the Government, and that unless the pledge +was instantly redeemed he was dishonored, denial was impossible; you did +not deny it. You do not deny it now, but you seek to escape from its +obligations on two grounds: 1. That _we_ terminated all negotiation by +demanding, as a preliminary, the withdrawal of the United States troops +from the harbor of Charleston; and, 2. That the authorities of South +Carolina, instead of asking explanation and giving you the opportunity +to vindicate yourself, took possession of other property of the United +States. We will examine both. + +In the first place, we deny positively that we have ever, in any way, +made any such demand. Our letter is in your possession; it will stand by +this on the record. In it we inform you of the objects of our mission. +We say that it would have been our duty to assure you of our readiness +to commence negotiations with the most earnest and anxious desire to +settle all questions between us amicably, and to our mutual advantage, +but that events had rendered that assurance impossible. We stated the +events, and we said that, until some satisfactory explanation of these +events was given us, we could not proceed; and then, having made this +request for explanation, we added: "And, in conclusion, we would urge +upon you the immediate withdrawal of the troops from the harbor of +Charleston. Under present circumstances they are a standing menace, +which renders negotiation impossible," etc. "Under present +circumstances!" What circumstances? Why, clearly the occupation of Fort +Sumter, and the dismantling of Fort Moultrie by Major Anderson, in the +face of your pledges, and without explanation or practical disavowal. +And there is nothing in the letter which would or could have prevented +you from declining to withdraw the troops, and offering the restoration +of the _status_ to which you were pledged, if such had been your desire. +It would have been wiser and better, in our opinion, to have withdrawn +the troops, and this opinion we urged upon you, but we _demanded_ +nothing but such an explanation of the events of the last twenty-four +hours as would restore our confidence in the spirit with which the +negotiation should be conducted. In relation to this withdrawal of the +troops from the harbor, we are compelled, however, to notice one passage +of your letter. Referring to it, you say: "This I can not do; this I +will not do. Such an idea was never thought of by me in any possible +contingency. No allusion to it had ever been made in any communication +between myself and any human being." + +In reply to this statement, we are compelled to say that your +conversation with us left upon our minds the distinct impression that +you did seriously contemplate the withdrawal of the troops from +Charleston Harbor. And, in support of this impression, we would add that +we have the positive assurance of gentlemen of the highest possible +public reputation and the most unsullied integrity--men whose name and +fame, secured by long service and patriotic achievement, place their +testimony beyond cavil--that such suggestions had been made to and urged +upon you by them, and had formed the subject of more than one earnest +discussion with you. And it was this knowledge that induced us to urge +upon you a policy which had to recommend it its own wisdom and the +weight of such authority. As to the second point, that the authorities +of South Carolina, instead of asking explanations, and giving you the +opportunity to vindicate yourself, took possession of other property of +the United States, we would observe, first, that, even if this were so, +it does not avail you for defense, for the opportunity for decision was +afforded you before these facts occurred. We arrived in Washington on +Wednesday. The news from Major Anderson reached here early on Thursday, +and was immediately communicated to you. All that day, men of the +highest consideration--men who had striven successfully to lift you to +your great office--who had been your tried and true friends through the +troubles of your Administration--sought you and entreated you to act--to +act at once. They told you that every hour complicated your position. +They only asked you to give the assurance that, if the facts were so--if +the commander had acted without and against your orders, and in +violation of your pledges--you would restore the _status_ you had +pledged your honor to maintain. + +You refused to decide. Your Secretary of War--your immediate and proper +adviser in this whole matter--waited anxiously for your decision, until +he felt that delay was becoming dishonor. More than twelve hours passed, +and two Cabinet meetings had adjourned before you knew what the +authorities of South Carolina had done, and your prompt decision at any +moment of that time would have avoided the subsequent complications. +But, if you had known the acts of the authorities of South Carolina, +should that have prevented your keeping your faith? What was the +condition of things? For the last sixty days, you have had in Charleston +Harbor not force enough to hold the forts against an equal enemy. Two of +them were empty; one of those two, the most important in the harbor. It +could have been taken at any time. You ought to know, better than any +man, that it would have been taken, but for the efforts of those who put +their trust in your honor. Believing that they were threatened by Fort +Sumter especially, the people were, with difficulty, restrained from +securing, without blood, the possession of this important fortress. +After many and reiterated assurances given on your behalf, which we can +not believe unauthorized, they determined to forbear, and in good faith +sent on their commissioners to negotiate with you. They meant you no +harm, wished you no ill. They thought of you kindly, believed you true, +and were willing, as far as was consistent with duty, to spare you +unnecessary and hostile collision. Scarcely had their commissioners +left, than Major Anderson waged war. No other words will describe his +action. It was not a peaceful change from one fort to another; it was a +hostile act in the highest sense--one only justified in the presence of +a superior enemy and in imminent peril. He abandoned his position, +spiked his guns, burned his gun-carriages, made preparations for the +destruction of his post, and withdrew under cover of the night to a +safer position. This was war. No man could have believed (without your +assurance) that any officer could have taken such a step, "not only +without orders, but against orders." What the State did was in simple +self-defense; for this act, with all its attending circumstances, was as +much war as firing a volley; and, war being thus begun, until those +commencing it explained their action, and disavowed their intention, +there was no room for delay; and, even at this moment, while we are +writing, it is more than probable, from the tenor of your letter, that +reenforcements are hurrying on to the conflict, so that, when the first +gun shall be fired, there will have been, on your part, one continuous +consistent series of actions commencing in a demonstration essentially +warlike, supported by regular reenforcement, and terminating in defeat +or victory. And all this without the slightest provocation; for, among +the many things which you have said, there is one thing you can not +say--you have waited anxiously for news from the seat of war, in hopes +that delay would furnish some excuse for this precipitation. But this +"tangible evidence of a design to proceed to a hostile act, on the part +of the authorities of South Carolina" (which is the only justification +of Major Anderson), you are forced to admit "has not _yet_ been +alleged." But you have decided. You have resolved to hold by force what +you have obtained through our misplaced confidence, and, by refusing to +disavow the action of Major Anderson, have converted his violation of +orders into a legitimate act of your Executive authority. Be the issue +what it may, of this we are assured, that, if Fort Moultrie has been +recorded in history as a memorial of Carolina gallantry, Fort Sumter +will live upon the succeeding page as an imperishable testimony of +Carolina faith. + +By your course you have probably rendered civil war inevitable. Be it +so. If you choose to force this issue upon us, the State of South +Carolina will accept it, and, relying upon Him who is the God of justice +as well as the God of hosts, will endeavor to perform the great duty +which lies before her, hopefully, bravely, and thoroughly. + +Our mission being one for negotiation and peace, and your note leaving +us without hope of a withdrawal of the troops from Fort Sumter, or of +the restoration of the _status quo_ existing at the time of our arrival, +and intimating, as we think, your determination to reenforce the +garrison in the harbor of Charleston, we respectfully inform you that we +propose returning to Charleston on to-morrow afternoon. + +We have the honor to be, sir, very respectfully, your obedient servants, + +R. W. BARNWELL, } +J. H. ADAMS, } _Commissioners_. +JAMES L. ORR, } + +To his Excellency the President of the United States. + + +The last communication is endorsed as follows: + +Executive Mansion, 31/2 _o'clock, Wednesday_. + +This paper, just presented to the President, is of such a character that +he declines to receive it. + + + + +APPENDIX H. + + +Speech on the state of the country, by Mr. Davis, of Mississippi, in the +Senate of the United States, January 10, 1861--a motion to print the +special message of the President of the United States, of January 9th, +being under consideration. + +Mr. Davis: Mr. President, when I took the floor yesterday, I intended to +engage somewhat in the argument which has heretofore prevailed in the +Senate upon the great questions of constitutional right, which have +divided the country from the beginning of the Government. I intended to +adduce some evidences, which I thought were conclusive, in favor of the +opinions which I entertain; but events, with a current hurrying on as it +progresses, have borne me past the point where it would be useful for me +to argue, by the citing of authorities, the question of rights. To-day, +therefore, it is my purpose to deal with events. Abstract argument has +become among the things that are past. We have to deal now with facts; +and, in order that we may meet those facts and apply them to our present +condition, it is well to inquire what is the state of the country. The +Constitution provides that the President shall, from time to time, +communicate information on the state of the Union. The message which is +now under consideration gives us very little, indeed, beyond that which +the world--less, indeed, than reading men generally--knew before it was +communicated. + +What, Senators, to-day is the condition of the country? From every +corner of it comes the wailing cry of patriotism, pleading for the +preservation of the great inheritance we derived from our fathers. Is +there a Senator who does not daily receive letters appealing to him to +use even the small power which one man here possesses to save the rich +inheritance our fathers gave us? Tears are trickling down the stern +faces of men who have bled for the flag of their country, and are +willing now to die for it; but patriotism stands powerless before the +plea that the party about to come into power laid down a platform, and +that come what will, though ruin stare us in the face, consistency must +be adhered to, even though the Government be lost. + +In this state of the case, then, we turn and ask, What is the character +of the Administration? What is the Executive department doing? What +assurance have we there for the safety of the country? But we come back +from that inquiry with a mournful conviction that feeble hands now hold +the reins of state; that drivelers are taken in as counselors, not +provided by the Constitution; that vacillation is the law; and the +policy of this great Government is changed with every changing rumor of +the day; nay, more, it is changing with every new phase of causeless +fear. In this state of the case, after complications have been +introduced into the question, after we were brought to the verge of war, +after we were hourly expecting by telegraph to learn that the conflict +had commenced, after nothing had been done to insure the peace of the +land, we are told in this last hour that the question is thrown at the +door of Congress, and here rests the responsibility. + +Had the garrison at Charleston, representing the claim of the Government +to hold the property in a fort there, been called away thirty days, nay, +ten days ago, peace would have spread its pinions over this land, and +calm negotiation would have been the order of the day. Why was it not +recalled? No reason yet has been offered, save that the Government is +bound to preserve its property; and yet look from North to South, from +East to West, wherever we have constructed forts to defend States +against a foreign foe, and everywhere you find them without a garrison, +except at a few points where troops are kept for special purposes; not +to coerce or to threaten a State, but stationed in seacoast +fortifications, there merely for the purposes of discipline and +instruction as artillerists. You find all the other forts in the hands +of fort-keepers and ordnance-sergeants, and, before a moral and +patriotic people, standing safely there as the property of the country. + +I asked in this Senate, weeks ago: "What causes the peril that is now +imminent at Fort Moultrie; is it the weakness of the garrison?" and then +I answered, "No, it is its presence, not its weakness." Had an +ordnance-sergeant there represented the Federal Government, had there +been no troops, no physical power to protect it, I would have pledged my +life upon the issue that no question ever would have been made as to its +seizure. Now, not only there, but elsewhere, we find movements of troops +further to complicate this question, and probably to precipitate us upon +the issue of civil war; and, worse than all, this Government, reposing +on the consent of the governed; this Government, strong in the +affections of the people; this Government (I describe it as our fathers +made it) is now furtively sending troops to occupy positions lest "the +mob" should seize them. When before in the history of our land was it +that a mob could resist the sound public opinion of the country? When +before was it that an unarmed magistrate had not the power, by crying, +"I command the peace," to quell a mob in any portion of the land? Yet +now we find, under cover of night, troops detached from one position to +occupy another. Fort Washington, standing in its lonely grandeur, and +overlooking the home of the Father of his Country, near by the place +where the ashes of Washington repose, built there to prevent a foreign +foe from coming up the Potomac with armed ships to take the +capital--Fort Washington is garrisoned by marines sent secretly away +from the navy yard at Washington. And Fort McHenry, memorable in our +history as the place where, under bombardment, the star-spangled banner +floated through the darkness of night, the point which was consecrated +by our national song--Fort McHenry, too, has been garrisoned by a +detachment of marines, sent from this place in an extra train, and sent +under cover of the night, so that even the mob should not know it. + +Senators, the responsibility is thrown at the door of Congress. Let us +take it. It is our duty in this last hour to seize the pillars of our +Government and uphold them, though we be crushed in the fall. Then what +is our policy? Are we to drift into war? Are we to stand idly by, and +allow war to be precipitated upon the country? Allow an officer of the +army to make war? Allow an unconfirmed head of a department to make war? +Allow a general of the army to make war? Allow a President to make war? +No, sir. Our fathers gave to Congress the power to declare war, and even +to Congress they gave no power to make war upon a State of the Union. It +could not have been given, except as a power to dissolve the Union. +When, then, we see, as is evident to the whole country, that we are +drifting into a war between the United States and an individual State, +does it become the Senate to sit listlessly by and discuss abstract +questions, and read patchwork from the opinions of men now mingled with +the dust? Are we not bound to meet events as they come before us, +manfully and patriotically to struggle with the difficulties which now +oppress the country? + +In the message yesterday, we were even told that the District of +Columbia was in danger. In danger of what? From whom comes the danger? +Is there a man here who dreads that the deliberations of this body are +to be interrupted by an armed force? Is there one who would not prefer +to fall with dignity at his station, the representative of a great and +peaceful Government, rather than to be protected by armed bands? And yet +the rumor is--and rumors seem now to be so authentic that we credit them +rather than other means of information--that companies of artillery are +to be quartered in this city to preserve peace, where the laws have +heretofore been supreme, and that this District is to become a camp by +calling out every able-bodied man within its limits to bear arms under +the militia law. Are we invaded? Is there an insurrection? Are there two +Senators here who would not be willing to go forth as a file, and put +down any resistance which showed itself in this District against the +Government of the United States? Is the reproach meant against these, my +friends from the South, who advocate Southern rights and State rights? +If so, it is a base slander. We claim our rights under the Constitution; +we claim our rights reserved to the States; and we seek by no brute +force to gain any advantage which the law and the Constitution do not +give us. We have never appealed to mobs. We have never asked for the +army and the navy to protect us. On the soil of Mississippi, not the +foot of a Federal soldier has been impressed since 1819, when, flying +from the yellow fever, they sought refuge within the limits of our +State; and on the soil of Mississippi there breathes not a man who asks +for any other protection than that which our Constitution gives us, that +which our strong arms afford, and the brave hearts of our people will +insure in every contingency. + +Senators, we are rapidly drifting into a position in which this is to +become a government of the army and navy; in which the authority of the +United States is to be maintained, not by law, not by constitutional +agreement between the States, but by physical force; and will you stand +still and see this policy consummated? Will you fold your arms, the +degenerate descendants of those men who proclaimed the eternal principle +that government rests on the consent of the governed; and that every +people have a right to change, modify, or abolish a government when it +ceases to answer the ends for which it was established, and permit this +Government imperceptibly to slide from the moorings where it was +originally anchored, and become a military despotism? It was well said +by the Senator from New York [Mr. Seward], whom I do not now see in his +seat--well said in a speech wherein I found but little to commend--that +this Union could not be maintained by force, and that a Union of force +was a despotism. It was a great truth, come from what quarter it may. +That was not the Government instituted by our fathers; and against it, +so long as I live, with heart and hand, I will rebel. + +This brings me to a passage in the message which says: + +"I certainly had no right to make aggressive war upon any State; and I +am perfectly satisfied that the Constitution has wisely withheld that +power even from Congress"--very good--"but the right and the duty to use +military force defensively against those who resist the Federal officers +in the exercise of their legal functions, and against those who assail +the power of the Federal Government, are clear and undeniable." + +Is it so? Where does he get it? Our fathers were so jealous of a +standing army, that they scarcely would permit the organization and +maintenance of any army! Where does he get the "clear and undeniable" +power to use the force of the United States in the manner he there +proposes? To execute a process, troops may be summoned in a posse +comitatus; and here, in the history of our Government, it is not to be +forgotten that in the earlier and, as it is frequently said, the better +days of the republic--and painfully we feel that they were better +indeed--a President of the United States did not recur to the army; he +went to the people of the United States. Vaguely and confusedly, indeed, +did the Senator from Tennessee [Mr. Johnson] bring forward the case of +the great man, Washington, as one in which he had used a means which, he +argued, was equivalent to the coercion of a State; for he said that +Washington used the military power against a portion of a people of the +State; and why might he not as well have used it against the whole +State? Let me tell that Senator that the case of General Washington has +no such application as he supposes. It was a case of insurrection in the +State of Pennsylvania; and the very message from which he read +communicated the fact that Governor Mifflin thought it was necessary to +call the militia of the adjoining States to aid him. President +Washington cooeperated with Governor Mifflin; he called the militia of +adjoining States to cooeperate with those of Pennsylvania. He used the +militia, not as a standing army. It was by the consent of the Governor; +it was by his advice. It was not the invasion of the State; it was not +the coercion of the State; but it was aiding the State to put down +insurrection, and in the very manner provided for in the Constitution +itself. + +But, I ask again, what power has the President to use the army and navy +except to execute process? Are we to have drum-head courts substituted +for those which the Constitution and laws provide? Are we to have +sergeants sent over the land instead of civil magistrates? Not so +thought the elder Adams; and here, in passing, I will pay him a tribute +he deserves, as the one to whom, more than any other man among the early +founders of this Government, credit is due for the military principles +which prevail in its organization. Associated with Mr. Jefferson +originally, in preparing the rules and articles of war, Mr. Adams +reverted through the long pages of history back to the empire of Rome, +and drew from that foundation the very rules and articles of war which +govern in our country to-day, and drew them thence because he said they +had brought two nations to the pinnacle of glory--referring to the +Romans and the Britons, whose military law was borrowed from them. Mr. +Adams, however, when an insurrection occurred in the same State of +Pennsylvania, not only relied upon the militia, but his orders, through +Secretary McHenry, required that the militia of the vicinage should be +employed; and, though he did order troops from Philadelphia, he required +the militia of the northern counties to be employed as long as they were +able to execute the laws; and the orders given to Colonel McPherson, +then in New Jersey, were, that Federal troops should not go across the +Jersey line except in the last resort. I say, then, when we trace our +history to its early foundation, under the first two Presidents of the +United States, we find that this idea of using the army and the navy to +execute the laws at the discretion of the President was one not even +entertained, still less acted upon, in any case. + +Then, Senators, we are brought to consider passing events. A little +garrison in the harbor of Charleston now occupies a post which, I am +sorry to say, it gained by the perfidious breach of an understanding +between the parties concerned; and here, that I may do justice to one +who had not the power, on this floor at least, to right himself--who has +no friend here to represent him--let me say that remark does not apply +to Major Anderson; for I hold that, though his orders were not so +designed, as I am assured, they did empower him to go from one post to +another, and to take his choice of the posts in the harbor of +Charleston; but in so doing he committed an act of hostility. When he +dismantled Fort Moultrie, when he burned the carriages and spiked the +guns bearing upon Fort Sumter, he put Carolina in the attitude of an +enemy of the United States; and yet he has not shown that there was any +just cause for apprehension. Vague rumors had reached him--and causeless +fear seems now to be the impelling motive of every public act--vague +rumors of an intention to take Fort Moultrie. But, sir, a soldier should +be confronted by an overpowering force before he spikes his guns and +burns his carriages. A soldier should be confronted by a public enemy +before he destroys the property of the United States lest it should fall +into the hands of such an enemy. Was that fort built to make war upon +Carolina? Was an armament put into it for such a purpose? Or was it +built for the protection of Charleston Harbor; and was it armed to make +that protection effective? If so, what right had any soldier to destroy +that armament lest it should fall into the hands of Carolina? + +Some time since I presented to the Senate resolutions which embodied my +views upon this subject, drawing from the Constitution itself the data +on which I based those resolutions. I then invoked the attention of the +Senate in that form to the question as to whether garrisons should be +kept within a State against the consent of that State. Clear was I then, +as I am now, in my conclusion. No garrison should be kept within a +State, during a time of peace, if the State believes the presence of +that garrison to be either offensive or dangerous. Our army is +maintained for common defense; our forts are built out of the common +Treasury, to which every State contributes; and they are perverted from +the purpose for which they were erected whenever they are garrisoned +with a view to threaten, to intimidate, or to control a State in any +respect. + +Yet, we are told this is no purpose to coerce a State; we are told that +the power does not exist to coerce a State; but the Senator from +Tennessee [Mr. Johnson] says it is only a power to coerce individuals; +and the Senator from Ohio [Mr. Wade] seems to look upon this latter +power as a very harmless power in the hands of the President, though the +results of such coercion might be to destroy the State. What is a State? +Is it land and houses? Is it taxable property? Is it the organization of +the local government? Or is it all these combined with the people who +possess them? Destroy the people, and yet not make war upon the State! +To state the proposition is to answer it, by reason of its very +absurdity. It is like making desolation, and calling it peace. There +being, as it is admitted on every hand, no power to coerce a State, I +ask what is the use of a garrison within a State where it needs no +defense? The answer from every candid mind must be, there is none. The +answer from every patriotic breast must be, peace requires under all +such circumstances that the garrison should be withdrawn. Let the Senate +to-day, as the responsibility is thrown at our door, pass those +resolutions, or others which better express the idea contained in them, +and you have taken one long step toward peace, one long stride toward +the preservation of the Government of our fathers. + +The President's message of December, however, has all the +characteristics of a diplomatic paper, for diplomacy is said to abhor +certainty as Nature abhors a vacuum; and it was not within the power of +man to reach any fixed conclusion from that message. When the country +was agitated, when opinions were being formed, when we were drifting +beyond the power ever to return, this was not what we had a right to +expect from the Chief Magistrate. One policy or the other he ought to +have taken. If believing this to be a government of force, if believing +it to be a consolidated mass, and not a confederation of States, he +should have said: "No State has a right to secede; every State is +subordinate to the Federal Government, and the Federal Government must +empower me with physical means to reduce to subjugation the State +asserting such a right." If not, if a State-rights man and a +Democrat--as for many years it has been my pride to acknowledge our +venerable Chief Magistrate to be--then another line of policy should +have been taken. The Constitution gave no power to the Federal +Government to coerce a State; the Constitution gave an army for the +purposes of common defense, and to preserve domestic tranquillity; but +the Constitution never contemplated using that army against a State. A +State exercising the sovereign function of secession is beyond the reach +of the Federal Government, unless we woo her with the voice of +fraternity, and bring her back to the enticements of affection. One +policy or the other should have been taken; and it is not for me to say +which, though my opinion is well known; but one policy or the other +should have been pursued. He should have brought his opinion to one +conclusion or another, and to-day our country would have been safer than +it is. + +What is the message before us? Does it benefit the case? Is there a +solution offered here? We are informed in it of propositions made by +commissioners from South Carolina. We are not informed even as to how +they terminated. No countervailing proposition is presented; no +suggestion is made. We are left drifting loosely, without chart or +compass. + +There is in our recent history, however, an event which might have +suggested a policy to be pursued. When foreigners having no citizenship +within the United States declared war against it and made war upon it; +when the inhabitants of a Territory, disgraced by institutions offensive +to the laws of every State of the Union, held this attitude of +rebellion; when the Executive there had power to use troops, he first +sent commissioners of peace to win them back to their duty. When South +Carolina, a sovereign State, resumes the grants she had delegated; when +South Carolina stands in an attitude which threatens within a short +period to involve the country in a civil war unless the policy of the +Government be changed, no suggestion is made to us that this Government +might send commissioners to her; no suggestion is made to us that better +information should be sought; there is no policy of peace, but we are +told the army and navy are in the hands of the President of the United +States, to be used against those who assail the power of the Federal +Government. + +Then, my friends, are we to allow events to drift onward to this fatal +consummation? Are we to do nothing to restore peace? Shall we not, in +addition to the proposition I have already made, to withdraw the force +which complicates the question, send commissioners there in order that +we may learn what this community desire, what this community will do, +and put the two Governments upon friendly relations? + +I will not weary the Senate by going over the argument of coercion. My +friend from Ohio [Mr. Pugh], I may say, has exhausted the subject. I +thank him, because it came appropriately from one not identified by his +position with South Carolina. It came more effectively from him than it +would have done from me, had I (as I have not) a power to present it as +forcibly as he has done. Sirs, let me say, among the painful reflections +which have crowded upon me by day and by night, none have weighed more +heavily upon my heart than the reflection that our separation severs the +ties which have so long bound us to our Northern friends, of whom we are +glad to recognize the Senator as a type. + +Now let us return a moment to consider what would have been the state of +the case if the garrison at Charleston had been withdrawn. The fort +would have stood there, not dismantled, but unoccupied. It would have +stood there in the hands of an ordnance-sergeant. Commissioners would +have come to treat of all questions with the Federal Government, of +these forts as well as others. They would have remained there to answer +the ends for which they were constructed--the ends of defense. If South +Carolina was an independent State, then she might hold to us such a +relation as Rhode Island held after the dissolution of the Confederation +and before the formation of the Union, when Rhode Island appealed to the +sympathies existing between the States connected in the struggles of the +Revolution, and asked that a commercial war should not be waged upon +her. These forts would have stood there then to cover the harbor of a +friendly State; and, if the feeling which once existed among the people +of the States had subsisted still, and that fort had been attacked, +brave men from every section would have rushed to the rescue, and there +imperiled their lives in the defense of a State identified with their +early history, and still associated in their breasts with affectionate +memories; the first act of this kind would have been one appealing to +every generous motive of those people, again to reconsider the question +of how we could live together, and through that bloody ordeal to have +brought us into the position in which our fathers left us. There need +have been no collision, as there could have been no question of property +which that State was not ready to meet. If it was a question of dollars +and cents, they came here to adjust it. If it was a question of covering +an interior State, their interests were identical. In whatever way the +question could have been presented, the consequence would have been to +relieve the Government of the charge of maintaining the fort, and to +throw it upon the State which had resolved to be independent. + +Thus we see that no evil could have resulted. We have yet to learn what +evil the opposite policy may bring. Telegraphic intelligence, by the man +who occupied the seat on the right of me in the old Chamber, was never +relied on. He was the wisest statesman I ever knew--a man whose +prophetic vision foretold all the trials through which we are now +passing; whose clear intellect, elaborating everything, borrowing +nothing from anybody, seemed to dive into the future, and to unveil +those things which are hidden to other eyes. Need I say I mean Calhoun? +No other man than he would have answered this description. I say, then, +not relying upon telegraphic dispatches, we still have information +enough to notify us that we are on the verge of civil war; that civil +war is in the hands of men irresponsible, as it seems to us; their acts +unknown to us; their discretion not covered by any existing law or +usage; and we now have the responsibility thrown upon us, which +justifies us in demanding information to meet an emergency in which the +country is involved. + +Is there any point of pride which prevents us from withdrawing that +garrison? I have heard it said by a gallant gentleman, to whom I make no +special reference, that the great objection was an unwillingness to +lower the flag. To lower the flags! Under what circumstances? Does any +man's courage impel him to stand boldly forth to take the life of his +brethren? Does any man insist upon going upon the open field with deadly +weapons to fight his brother on a question of courage? There is no point +of pride. These are your brethren; and they have shed as much glory upon +that flag as any equal number of men in the Union. They are the men, and +that is the locality, where the first Union flag was unfurled, and where +was fought a gallant battle before our independence was declared--not +the flag with thirteen stripes and thirty-three stars, but a flag with a +cross of St. George, and the long stripes running through it. When the +gallant Moultrie took the British Fort Johnson and carried it, for the +first time, I believe, did the Union flag fly in the air; and that was +in October, 1775. When he took the position and threw up a temporary +battery with palmetto-logs and sand, upon the site called Fort Moultrie, +that fort was assailed by the British fleet, and bombarded until the old +logs, clinging with stern tenacity, were filled with balls, but the flag +still floated there, and, though many bled, the garrison conquered. +Those old logs are gone; the eroding current is even taking away the +site where Fort Moultrie stood; the gallant men who held it now mingle +with the earth; but their memories live in the hearts of a brave people, +and their sons yet live, and they, like their fathers, are ready to +bleed and to die for the cause in which their fathers triumphed. +Glorious are the memories clinging around that old fort which now, for +the first time, has been abandoned--abandoned not even in the presence +of a foe, but under the imaginings that a foe might come; and guns +spiked and carriages burned where the band of Moultrie bled, and, with +an insufficient armament, repelled the common foe of all the colonies. +Her ancient history compares proudly with the present. + +Can there, then, be a point of pride upon so sacred a soil as this, +where the blood of the fathers cries to heaven against civil war? Can +there be a point of pride against laying upon that sacred soil to-day +the flag for which our fathers died? My pride, Senators, is different. +My pride is that that flag shall not set between contending brothers; +and that, when it shall no longer be the common flag of the country, it +shall be folded up and laid away like a vesture no longer used; that it +shall be kept as a sacred memento of the past, to which each of us can +make a pilgrimage and remember the glorious days in which we were born. + +In the answer of the commissioners which I caused to be read yesterday, +I observed that they referred to Fort Sumter as remaining a memento of +Carolina faith. It is an instance of the accuracy of the opinion which I +have expressed. It stood without a garrison. It commanded the harbor, +and the fort was known to have the armament in it capable of defense. +Did the Carolinians attack it? Did they propose to seize it? It stood +there safe as public property; and there it might have stood to the end +of the negotiations without a question, if a garrison had not been sent +into it. It was the faith on which they relied, that the Federal +Government would take no position of hostility to them, that constituted +its safety, and by which they lost the advantage they would have had in +seizing it when unoccupied. + +I think that something is due to faith as well as fraternity; and I +think one of the increasing and accumulative obligations upon us to +withdraw the garrison from that fort is from the manner in which it was +taken--taken, as we heard by the reading of the paper yesterday, while +Carolina remained under the assurance that the _status_ would not be +violated; while I was under that assurance, and half a dozen other +Senators now within the sound of my voice felt secure under the same +pledge, that nothing would be done until negotiations had terminated, +unless it was to withdraw the garrison. Then we, the Federal Government, +broke the faith; we committed the first act of hostility; and from this +first act of hostility arose all those acts to which reference is made +in the message as unprovoked aggressions--the seizing of forts +elsewhere. Why were they seized? Self-preservation is the first law of +nature; and when they no longer had confidence that this Federal +Government would not seize the forts constructed for their defense, and +use them for their destruction, they only obeyed the dictates of +self-preservation when they seized the forts to prevent the enemy from +taking possession of them as a means of coercion, for they then were +compelled to believe this Federal Government had become an enemy. + +Now, what is the remedy? To assure them that you do not intend to use +physical force against them is your first remedy; to assure them that +you intend to consider calmly all the propositions which they make, and +to recognize the rights which the Union was established to secure; that +you intend to settle with them upon a basis in accordance with the +Declaration of Independence and the Constitution of the United States. +When you do that, peace will prevail over the land, and force become a +thing that no man will consider necessary. + +I am here confronted with a question which I will not argue. The +position which I have taken necessarily brings me to its consideration. +Without arguing it, I will merely state it. It is the right of a State +to withdraw from the Union. The President says it is not a +constitutional right. The Senator from Ohio [Mr. Wade], and his ally, +the Senator from Tennessee [Mr. Johnson], argued it as no right at all. +Well, let us see. What is meant by a constitutional right? Is it meant +to be a right derived from the Constitution--a grant made in the +Constitution? If that is what is meant, of course we all see at once +that we do not derive it in that way. Is it intended that it is not a +constitutional right, because it is not granted in the Constitution? +That shows, indeed, but a poor appreciation of the nature of our +Government. All that is not granted in the Constitution belongs to the +States; and nothing but what is granted in the Constitution belongs to +the Federal Government; and, keeping this distinction in view, it +requires but little argument to see the conclusion at which we +necessarily arrive. Did the States surrender their sovereignty to the +Federal Government? Did the States agree that they never could withdraw +from the Federal Union? + +I know it has been argued here that the Confederation said the Articles +of Confederation were to be a perpetual bond of union, and that the +Constitution was made to form a more perfect union; that is to say, a +Government beyond perpetuity, or one day, or two or three days, after +doomsday. But that has no foundation in the Constitution itself; it has +no basis in the nature of our Government. The Constitution was a compact +between independent States; it was not a national Government; and hence +Mr. Madison answered with such effectiveness to Patrick Henry, in the +Convention of Virginia, which ratified the Constitution, denying his +proposition that it was to form a nation, and stating to him the +conclusive fact that "we sit here as a convention of the State to ratify +or reject that Constitution; and how, then, can you say that it forms a +nation, and is adopted by the mass of the people?" It was not adopted by +the mass of the people, as we all know historically; it was adopted by +each State; each State, voluntarily ratifying it, entered the Union; and +that Union was formed whenever nine States should enter it; and, in +abundance of caution, it was stated, in the resolutions of ratification +of three of the States, that they still possessed the power to withdraw +the grants which they had delegated, whenever they should be used to +their injury or oppression. I know it is said that this meant the people +of all the States; but that is such an absurdity that I suppose it +hardly necessary to answer it--for to speak of an elective Government +rendering itself injurious and oppressive to the whole body of the +people by whom it is elected is such an absurdity that no man can +believe it; and to suppose that a State convention, speaking for a +State, and having no authority to speak for anybody else, would say that +it was declaring what the people of the other States would do, would be +an assumption altogether derogatory to the sound sense and well-known +sentiments of the men who formed the Constitution and ratified it. + +But in abundance of caution not only was this done, but the tenth +amendment of the Constitution declared that all which had not been +delegated was reserved to the States or to the people. Now, I ask, where +among the delegated grants to the Federal Government do you find any +power to coerce a State; where among the provisions of the Constitution +do you find any prohibition on the part of a State to withdraw; and, if +you find neither one nor the other, must not this power be in that great +depository, the reserved rights of the States? How was it ever taken out +of that source of all power to be given to the Federal Government? It +was not delegated to the Federal Government; it was not prohibited to +the States; it necessarily remains, then, among the reserved powers of +the States. + +This question has been so forcibly argued by the Senator from Louisiana +[Mr. Benjamin] that I think it unnecessary to pursue it. Three times the +proposition was made to give power to coerce the States, in the +Convention, and as often refused--opposed as a proposition to make war +on a State, and refused on the ground that the Federal Government could +not make war upon a State. The Constitution was to form a Government for +such States as should unite; it had no application beyond those who +should voluntarily adopt it. Among the delegated powers there is none +which interferes with the exercise of the right of secession by a State. +As a right of sovereignty it remained to the States under the +Confederation; and, if it did not, you arraign the faith of the men who +framed the Constitution to which you appeal, for they provided that nine +States should secede from thirteen. Eleven did secede from the thirteen, +and put themselves in the very position which, by a great abuse of +language, is to-day called treason, against the two States of North +Carolina and Rhode Island; they still claiming to adhere to the +perpetual Articles of Confederation, these eleven States absolving +themselves from the obligations which arose under them. + +The Senator from Tennessee, to whom I must refer again--and I do so +because he is a Southern Senator--taking the most hostile ground against +us, refers to the State of Tennessee, and points to the time when that +State may do those things which he has declared it an absurdity for any +State to perform. I will read a single paragraph from his speech, +showing what his language is, in order that I may not, by any +possibility, produce an impression upon others which his language does +not justify. Here are the expressions to which I refer. I call the +Senator's attention to them: + +"If there are grievances, why can not we all go together, and write them +down and point them out to our Northern friends after we have agreed on +what those grievances were, and say: 'Here is what we demand; here our +wrongs are enumerated; upon these terms we have agreed; and now, after +we have given you a reasonable time to consider these additional +guarantees in order to protect ourselves against these wrongs, if you +refuse them, then, having made an honorable effort, having exhausted all +other means, we may declare the association to be broken up, and we may +go into an act of revolution.' We can then say to them, 'You have +refused to give us guarantees that we think are needed for the +protection of our institutions and for the protection of our other +interests.' When they do this, I will go as far as he who goes the +farthest." + +Now, it does appear that he will go that far; and he goes a little +further than anybody, I believe, who has spoken in vindication of the +right, for he says: + +"We do not intend that you shall drive us out of this House that was +reared by the hands of our fathers. It is our House. It is the +constitutional House. We have a right here; and because you come forward +and violate the ordinances of this House, I do not intend to go out; +and, if you persist in the violation of the ordinances of the House, we +intend to eject you from the building and retain the possession +ourselves." + +I wonder if this is what caused the artillery companies to be ordered +here, and the militia of this city to be organized? I think it was a +mere figure of speech. I do not believe the Senator from Tennessee +intended to kick you out of the House; and, if he did, let me say to +you, in all sincerity, we who claim the constitutional right of a State +to withdraw from the Union do not intend to help him. He says, however, +and this softens it a little: + +"We do not think, though, that we have just cause for going out of the +Union now. We have just cause of complaint; but we are for remaining in +the Union, and fighting the battle like men." + +What does that mean? In the name of common sense, I ask how are we to +fight in the Union? We take an oath of office to maintain the +Constitution of the United States. The Constitution of the United States +was formed for domestic tranquillity; and how, then, are we to fight in +the Union? I have heard the proposition from others; but I have not +understood it. I understand how men fight when they assume attitudes of +hostility; but I do not understand how men, remaining connected together +in a bond as brethren, sworn to mutual aid and protection, still propose +to fight each other. I do not understand what the Senator means. If he +chooses to answer my question, I am willing to hear him, for I do not +understand how we are to fight in the Union. + +Mr. Johnson, of Tennessee: When my speech is taken altogether, I think +my meaning can be very easily understood. What I mean by fighting the +battle in the Union is, I think, very distinctly and clearly set forth +in my speech; and, if the Senator will take it from beginning to end, I +apprehend that he will have no difficulty in ascertaining what I meant. +But, for his gratification upon this particular point, I will repeat, in +substance, what I then said as to fighting the battle in the Union. I +meant that we should remain here under the Constitution of the United +States and contend for all its guarantees; and by preserving the +Constitution and all its guarantees we would preserve the Union. Our +true place, to maintain these guarantees and to preserve the +Constitution, is in the Union, there to fight our battle. How? By +argument; by appeals to the patriotism, to the good sense, and to the +judgment of the whole country; by showing the people that the +Constitution had been violated; that all its guarantees were not +complied with; and I have entertained the hope that, when they were +possessed of that fact, there would be found patriotism and honesty +enough in the great mass of the people, North and South, to come forward +and do what was just and right between the contending sections of the +country. I meant that the true way to fight the battle was for us to +remain here and occupy the places assigned to us by the Constitution of +the country. Why did I make that statement? It was because on the 4th +day of March next we shall have six majority in this body; and if, as +some apprehended, the incoming Administration shall show any disposition +to make encroachments upon the institution of slavery, encroachments +upon the rights of the States, or any other violation of the +Constitution, we, by remaining in the Union, and standing at our places, +will have the power to resist all these encroachments. How? We have the +power even to reject the appointment of the Cabinet officers of the +incoming President. Then, should we not be fighting the battles in the +Union, by resisting even the organization of the Administration in a +constitutional mode, and thus, at the very start, disable an +Administration which was likely to encroach on our rights and to violate +the Constitution of the country? So far as appointing even a Minister +abroad is concerned, the incoming Administration will have no power +without our consent, if we remain here. It comes into office handcuffed, +powerless to do harm. We, standing here, hold the balance of power in +our hands; we can resist it at the very threshold effectually; and do it +inside of the Union, and in our House. The incoming Administration has +not even the power to appoint a postmaster whose salary exceeds one +thousand dollars a year, without consultation with and the acquiescence +of the Senate of the United States. The President has not even the power +to draw his salary--his twenty-five thousand dollars per annum--unless +we appropriate it. I contend, then, that the true place to fight the +battle is in the Union, and within the provisions of the Constitution. +The army and navy cannot be sustained without appropriations by +Congress; and, if we were apprehensive that encroachments would be made +on the Southern States and on their institutions, in violation of the +Constitution, we could prevent him from having a dollar even to feed his +army or his navy. + +Mr. Davis: I receive the answer from the Senator, and I think I +comprehend now that he is not going to use any force, but it is a sort +of fighting that is to be done by votes and words; and I think, +therefore, the President need not bring artillery and order out the +militia to suppress them. I think, altogether, we are not in danger of +much bloodshed in the mode proposed by the Senator from Tennessee. + +Mr. Johnson: I had not quite done; but if the Senator is satisfied-- + +Mr. Davis: Quite satisfied. I am entirely satisfied that the answer of +the Senator shows me he did not intend to fight at all; that it was a +mere figure of speech, and does not justify converting the Federal +capital into a military camp. But it is a sort of revolution which he +proposes; it is a revolution under the forms of the Government. Now, I +have to say, once for all, that, as long as I am a Senator here, I will +not use the powers I possess to destroy the very Government to which I +am accredited. I will not attempt, in the language of the Senator, to +handcuff the President. I will not attempt to destroy the Administration +by refusing any officers to administer its functions. I should vote, as +I have done in Administrations to which I stood in nearest relation, +against a bad nomination; but I never would agree, under the forms of +the Constitution, and with the powers I bear as a Senator of the United +States, to turn those powers to the destruction of the Government I was +sent to support. I leave that to gentlemen who take the oath with a +mental reservation. It is not my policy. If I must have revolution, I +say let it be a revolution such as our fathers made when they were +denied their natural rights. + +So much for that. It has quieted apprehension; and I hope that the +artillery will not be brought here; that the militia will not be called +out; and that the female schools will continue their sessions as +heretofore. [Laughter.] The authority of Mr. Madison, however, was +relied on by the Senator from Tennessee; and he read fairly an extract +from Mr. Madison's letter to Mr. Webster, and I give him credit for +reading what it seems to me destroys his whole argument. It is this +clause: + +"The powers of the Government being exercised, as in other elective and +responsible governments, under the control of its constituents, the +people, and the Legislatures of the States, and subject to the +revolutionary rights of the people in extreme cases." + +Now, sir, we are confusing language very much. Men speak of revolution; +and when they say revolution they mean blood. Our fathers meant nothing +of the sort. When they spoke of revolution they meant an unalienable +right. When they declared as an unalienable right the power of the +people to abrogate and modify their form of government whenever it did +not answer the ends for which it was established, they did not mean that +they were to sustain that by brute force. They meant that it was a +right; and force could only be invoked when that right was wrongfully +denied. Great Britain denied the right in the case of the colonies, and +therefore our revolution for independence was bloody. If Great Britain +had admitted the great American doctrine, there would have been no blood +shed; and does it become the descendants of those who proclaimed this as +the great principle on which they took their place among the nations of +the earth, now to proclaim, if that is a right, it is one which you can +only get as the subjects of the Emperor of Austria may get their rights, +by force overcoming force? Are we, in this age of civilization and +political progress, when political philosophy had advanced to the point +which seemed to render it possible that the millennium should now be +seen by prophetic eyes--are we now to roll back the whole current of +human thought, and again to return to the mere brute force which +prevails between beasts of prey, as the only method of settling +questions between men? + +If the Declaration of Independence be true (and who here gainsays it?), +every community may dissolve its connection with any other community +previously made, and have no other obligation than that which results +from the breach of an alliance between States. Is it to be supposed; +could any man, reasoning _a priori_, come to the conclusion that the men +who fought the battles of the Revolution for community independence-- +that the men who struggled against the then greatest military power on +the face of the globe in order that they might possess those unalienable +rights which they had declared--terminated their great efforts by +transmitting posterity to a condition in which they could only gain +those rights by force? If so, the blood of the Revolution was shed in +vain; no great principles were established; for force was the law of +nature before the battles of the Revolution were fought. + +I see, then--if gentlemen insist on using the word "revolution" in the +sense of a resort to force--a very great difference between their +opinion and that of Mr. Madison. Mr. Madison put the rights of the +people over and above everything else, and he said this was the +Government _de jure_ and _de facto_. Call it by what name you will, he +understood ours to be a Government of the people. The people never have +separated themselves from those rights which our fathers had declared to +be unalienable. They did not delegate to the Federal Government the +powers which the British Crown exercised over the colonies; they did not +achieve their independence for any purpose so low as that. They left us +to the inheritance of freemen, living in independent communities, the +States united for the purposes which they thought would bless posterity. +It is in the exercise of this reserved right as defined by Mr. Madison, +as one to which all the powers of Government are subject, that the +people of a State in convention have claimed to resume the functions +which in like manner they had made to the Federal Government.... + +The question which now presents itself to the country is, What shall we +do with events as they stand? Shall we allow this separation to be +total? Shall we render it peaceful, with a view to the chance that, when +hunger shall brighten the intellects of men, and the teachings of hard +experience shall have tamed them, they may come back, in the spirit of +our fathers, to the task of reconstruction? Or will they have that +separation partial; will they give to each State all its military power; +will they give to each State its revenue power; will they still preserve +the common agent, and will they thus carry on a Government different +from that which now exists, yet not separating the States so entirely as +to make the work of reconstruction equal to a new creation; not +separating them so as to render it utterly impossible to administer any +functions of the Government in security and peace? + +I waive the question of duality, considering that a dual Executive would +be the institution of a King Log. I consider a dual legislative +department would be to bring into antagonism the representatives of two +different countries, to war perpetually, and thus to continue, not +union, but the irrepressible conflict. There is no duality possible +(unless there be two confederacies) which seems to me consistent with +the interests of either or of both. It might be that two confederacies +could be so organized as to answer jointly many of the ends of our +present Union; it might be that States, agreeing with each other in +their internal policy--having a similarity of interests and an identity +of purpose--might associate together, and that these two confederacies +might have relations to each other so close as to give them a united +power in time of war against any foreign nation. These things are +possibilities; these things it becomes us to contemplate; these things +it devolves on the majority section to consider now; for with every +motion of that clock is passing away your opportunity. It was greater +when we met on the first Monday in December than it is now; it is +greater now than it will be on the first day of next week. We have +waited long; we have come to the conclusion that you mean to do nothing. +In the Committee of Thirteen, where the resolutions of the Senator from +Kentucky [Mr. Crittenden] were considered, various attempts were made, +but no prospect of any agreement on which it was possible for us to +stand, in security for the future, could be matured. I offered a +proposition, which was but the declaration of that which the +Constitution announces; but that which the Supreme Court had, from time +to time, and from an early period asserted; but that which was necessary +for equality in the Union. Not one single vote of the Republican portion +of that committee was given for the proposition. + +Looking, then, upon separation as inevitable, not knowing how that +separation is to occur, or at least what States it is to embrace, there +remains to us, I believe, as the consideration which is most useful, the +inquiry, How can this separation be effected so as to leave to us the +power, whenever we shall have the will, to reconstruct? It can only be +done by adopting a policy of peace. It can only be done by denying to +the Federal Government all power to coerce. It can only be done by +returning to the point from which we started, and saying, "This is a +Government of fraternity, a Government of consent, and it shall not be +administered in a departure from those principles." + +I do not regard the failure of our constitutional Union, as very many +do, to be the failure of self-government--to be conclusive in all future +time of the unfitness of man to govern himself. Our State governments +have charge of nearly all the relations of person and property. This +Federal Government was instituted mainly as a common agent for foreign +purposes, for free trade among the States, and for common defense. +Representative liberty will remain in the States after they are +separated. Liberty was not crushed by the separation of the colonies +from the mother-country, then the most constitutional monarchy and the +freest Government known. Still less will liberty be destroyed by the +separation of these States, to prevent the destruction of the spirit of +the Constitution by the mal-administration of it. There will be +injury--injury to all; differing in degree, differing in manner. The +injury to the manufacturing and navigating States will be to their +internal prosperity. The injury to the Southern States will be mainly to +their foreign commerce. All will feel the deprivation of that high pride +and power which belong to the flag now representing the greatest +republic, if not the greatest Government, upon the face of the globe. I +would that it still remained to consider what we might calmly have +considered on the first Monday in December--how this could be avoided; +but events have rolled past that point. You would not make propositions +when they would have been effective. I presume you will not make them +now; and I know not what effect they would have if you did. Your +propositions would have been most welcome if they had been made before +any question of coercion, and before any vain boasting of power; for +pride and passion do not often take counsel of pecuniary interest, at +least among those whom I represent. But you have chosen to take the +policy of clinging to words [the Chicago platform], in disregard of +passing events, and have hastened them onward. It is true, as shown by +the history of all revolutions, that they are most precipitated and +intensified by obstinacy and vacillation. The want of a policy, the +obstinate adherence to unimportant things, have brought us to a +condition where I close my eyes, because I can not see anything that +encourages me to hope. + +In the long period which elapsed after the downfall of the great +republics of the East, when despotism seemed to brood over the civilized +world, and only here and there constitutional monarchy even was able to +rear its head--when all the great principles of republican and +representative government had sunk deep, fathomless, into the sea of +human events--it was then that the storm of our Revolution moved the +waters. The earth, the air, and the sea became brilliant; and from the +foam of ages rose the constellation which was set in the political +firmament, as a sign of unity and confederation and community +independence, coexistent with confederate strength. That constellation +has served to bless our people. Nay, more; its light has been thrown on +foreign lands, and its regenerative power will outlive, perhaps, the +Government as a sign for which it was set. It may be pardoned to me, +sir, who, in my boyhood, was given to the military service, and who have +followed, under tropical suns and over northern snows, the flag of the +Union, if I here express the deep sorrow which always overwhelms me when +I think of taking a last leave of that object of early affection and +proud association; feeling that henceforth it is not to be the banner +which, by day and by night, I was ready to follow; to hail with the +rising and bless with the setting sun. But God, who knows the hearts of +men, will judge between you and us, at whose door lies the +responsibility. Men will see the efforts made, here and elsewhere; that +we have been silent when words would not avail, and have curbed an +impatient temper, and hoped that conciliatory counsels might do that +which could not be effected by harsh means. And yet, the only response +which has come from the other side has been a stolid indifference, as +though it mattered not: "Let the temple fall, we do not care!" Sirs, +remember that such conduct is offensive, and that men may become +indifferent even to the objects of their early attachments. + +If our Government should fail, it will not be from the defect of the +system, though each planet was set to revolve in an orbit of its own, +each moving by its own impulse, yet being all attracted by the +affections and interests which countervailed each other; there was no +inherent tendency to disruption. It has been the perversion of the +Constitution; it has been the substitution of theories of morals for +principles of government; it has been forcing crude opinions upon the +domestic institutions of others, which has disturbed these planets in +their orbit; it is this which threatens to destroy the constellation +which, in its power and its glory, had been gathering stars one after +another, until, from thirteen, it had risen to thirty-three. + +If we accept the argument of to-day in favor of coercion as the theory +of our Government, its only effect will be to precipitate men who have +pride and self-reliance into the assertion of the freedom and +independence to which they were born. Our fathers would never have +entered into a confederate Government which had within itself the power +of coercion; they would not agree to remain one day in such a Government +after I had the power to get out of it. To argue that the man who +follows the mandate of his State, resuming her sovereign jurisdiction +and power, is disloyal to his allegiance to the United States, which +allegiance he only owed through his State, is such a confusion of ideas +as does not belong to an ordinary comprehension of our Government. It is +treason to the principle of community independence. It is to recur to +that doctrine of passive obedience which, in England, cost one monarch +his head and drove another into exile; a doctrine which, since the +Revolution of 1688, has obtained nowhere where men speak the English +tongue. Yet all this it is needful to admit, before we accept this +doctrine of coercion, which is to send an army and a navy to do that +which there are no courts to perform; to execute the law without a +judicial decision, and without an officer to serve process. This, I say, +would degrade us to the basest despotism under which man could live--the +despotism of a many-headed monster, without the sensibility or regardful +consideration which might belong to an hereditary king.[207] + + * * * * * + +There is a strange similarity in the position of affairs at the present +day to that which the colonies occupied. Lord North asserted the right +to collect the revenue, and insisted on collecting it by force. He sent +troops to Boston Harbor and to Charlestown, and he quartered troops in +those towns. The result was, collision; and out of that collision came +the separation of the colonies from the mother-country. The same thing +is being attempted to-day. Not the law, not the civil magistrate, but +troops, are relied upon now to execute the laws. To gather taxes in the +Southern ports, the army and navy must be sent to perform the functions +of magistrates. It is the old case over again. Senators of the North, +you are reenacting the blunders which statesmen in Great Britain +committed; but among you there are some who, like Chatham and Burke, +though not of our section, yet are vindicating our rights. + +I have heard, with some surprise, for it seemed to me idle, the +repetition of the assertion heretofore made, that the cause of the +separation was the election of Mr. Lincoln. It may be a source of +gratification to some gentlemen that their friend is elected; but no +individual had the power to produce the existing state of things. It was +the purpose, the end, it was the declaration by himself and his friends, +which constitute the necessity of providing new safeguards for +ourselves. The man was nothing, save as he was the representative of +opinions, of a policy, of purposes, of power, to inflict upon us those +wrongs to which freemen never tamely submit. + +Senators, I have spoken longer than I desired. I had supposed it was +possible, avoiding argument and not citing authority, to have made to +you a brief address. It was thought useless to argue a question which +now belongs to the past. The time is near at hand when the places which +have known us as colleagues laboring together can know us in that +relation no more for ever. I have striven to avert the catastrophe which +now impends over the country, unsuccessfully; and I regret it. For the +few days which I may remain, I am willing to labor in order that that +catastrophe shall be as little as possible destructive to public peace +and prosperity. If you desire at this last moment to avert civil war, so +be it; it is better so. If you will but allow us to separate from you +peaceably, since we can not live peaceably together, to leave with the +rights we had before we were united, since we can not enjoy them in the +Union, then there are many relations which may still subsist between us, +drawn from the associations of our struggles from the Revolutionary era +to the present day, which may be beneficial to you as well as to us. + +If you will not have it thus--if in the pride of power, if in contempt +of reason, and reliance upon force, you say we shall not go, but shall +remain as subjects to you--then, gentlemen of the North, a war is to be +inaugurated the like of which men have not seen. Sufficiently numerous +on both sides, in close contact, with only imaginary lines of division, +and with many means of approach, each sustained by productive sections, +the people of which will give freely both of money and of store, the +conflicts must be multiplied indefinitely, and masses of men, sacrificed +to the demon of civil war, will furnish hecatombs, such as the recent +campaign in Italy did not offer. At the end of all this what will you +have effected? Destruction upon both sides; subjugation upon neither; a +treaty of peace leaving both torn and bleeding; the wail of the widow +and the cry of the orphan substituted for those peaceful notes of +domestic happiness that now prevail throughout the land; and then you +will agree that each is to pursue his separate course as best he may. +This is to be the end of war. Through a long series of years you may +waste your strength, distress your people, and yet at last must come to +the position which you might have had at first, had justice and reason, +instead of selfishness and passion, folly and crime, dictated your +course. + +Is there wisdom, is there patriotism in the land? If so, easy must be +the solution of this question. If not, then Mississippi's gallant sons +will stand like a wall of fire around their State; and I go hence, not +in hostility to you, but in love and allegiance to her, to take my place +among her sons, be it for good or for evil. + +I shall probably never again attempt to utter here the language either +of warning or of argument. I leave the case in your hands. If you solve +it not before I go, you will have still to decide it. Toward you +individually, as well as to those whom you represent, I would that I had +the power now to say there shall be peace between us for ever. I would +that I had the power now to say the intercourse and the commerce between +the States, if they can not live in one Union, shall still be +uninterrupted; that all the social relations shall remain undisturbed; +that the son in Mississippi shall visit freely his father in Maine, and +the reverse; and that each shall be welcomed when he goes to the other, +not by himself alone, but also by his neighbors; and that all that +kindly intercourse which has subsisted between the different sections of +the Union shall continue to exist. This is not only for the interest of +all, but it is my profoundest wish, my sincerest desire, that such +remnant of that which is passing away may grace the memory of a glorious +though too brief existence. + +Day by day you have become more and more exasperated. False reports have +led you to suppose there was in our section hostility to you with +manifestations which did not exist. In one case, I well remember when +the Senator from Vermont [Mr. Collamer] was serving with me on a special +committee, it was reported that a gentleman who had gone from a +commercial house in New York had been inhumanly treated at Vicksburg, +and this embarrassed a question which we then had pending. I wrote to +Vicksburg for information, and my friends could not learn that such a +man had ever been there; but, if he had been there, no violence +certainly had been offered to him. Falsehood and suspicion have thus led +you on step by step in the career of crimination, and perhaps has +induced to some part of your aggression. Such evil effects we have +heretofore suffered, and the consequences now have their fatal +culmination. On the verge of war, distrust and passion increase the +danger. To-day it is in the power of two bad men, at the opposite ends +of the telegraphic line between Washington and Charleston, to +precipitate the State of South Carolina and the United States into a +conflict of arms without other cause to have produced it. + +And still will you hesitate; still will you do nothing? Will you sit +with sublime indifference and allow events to shape themselves? No +longer can you say the responsibility is upon the Executive. He has +thrown it upon you. He has notified you that he can do nothing; and you +therefore know he will do nothing. He has told you the responsibility +now rests with Congress; and I close as I began, by invoking you to meet +that responsibility, bravely to act the patriot's part. If you will, the +angel of peace may spread her wings, though it be over divided States; +and the sons of the sires of the Revolution may still go on in friendly +intercourse with each other, ever renewing the memories of a common +origin; the sections, by the diversity of their products and habits, +acting and reacting beneficially, the commerce of each may swell the +prosperity of both, and the happiness of all be still interwoven +together. Thus may it be; and thus it is in your power to make it. + + +[Footnote 207: Here occurred a colloquy with another Senator, followed +by some paragraphs not essential to the completeness of the subject.] + + + + +APPENDIX I. + + +Correspondence and extracts from correspondence relative to Fort Sumter, +from the affair of the Star of the West, January 9, 1861, to the +withdrawal of the envoy of South Carolina from Washington, February 8, +1861. + +_Major Anderson to the Governor of South Carolina. + +To his Excellency the Governor of South Carolina._ + +Sir: Two of your batteries fired this morning upon an unarmed vessel +bearing the flag of my Government. As I have not been notified that war +has been declared by South Carolina against the Government of the United +States, I can not but think that this hostile act was committed without +your sanction or authority. Under that hope, and that alone, did I +refrain from opening fire upon your batteries. + +I have the honor, therefore, respectfully to ask whether the +above-mentioned act--one I believe without a parallel in the history of +our country, or of any other civilized Government--was committed in +obedience to your instructions, and to notify you, if it be not +disclaimed, that I must regard it as an act of war, and that I shall +not, after a reasonable time for the return of my messenger, permit any +vessels to pass within range of the guns of my fort. + +In order to save as far as in my power the shedding of blood, I beg that +you will have due notification of this my decision given to all +concerned. + +Hoping, however, that your answer may be such as will justify a further +continuance of forbearance on my part, I have the honor to be, + +Very respectfully, your obedient servant, + +ROBERT ANDERSON, + +_Major First Artillery U. S. A., commanding_. + +Fort Sumter, South Carolina, _January 9, 1861_. + + +_Extracts from reply of the Governor to Major Anderson_. + +State of South Carolina, Executive Office, Headquarters, + +Charleston, _January 9, 1861_. + +Sir: Your letter has been received. In it you make certain statements +which very plainly show that you have not been fully informed by your +Government of the precise relations which now exist between it and the +State of South Carolina. Official information has been communicated to +the Government of the United States that the political connection +heretofore existing between the State of South Carolina and the States +which were known as the United States had ceased, and that the State of +South Carolina had resumed all the power it had delegated to the United +States under the compact known as the Constitution of the United States. +The right which the State of South Carolina possessed to change the +political relations it held with other States, under the Constitution of +the United States, has been solemnly asserted by the people of this +State, in convention, and now does not admit of discussion. + + * * * * * + +The attempt to reenforce the troops now at Fort Sumter, or to retake and +resume possession of the forts within the waters of this State, which +you have abandoned, after spiking the guns placed there, and doing +otherwise much damage, can not be regarded by the authorities of this +State as indicative of any other purpose than the coercion of the State +by the armed force of the Government. To repel such an attempt is too +plainly its duty to allow it to be discussed. But, while defending its +waters, the authorities of the State have been careful so to conduct the +affairs of the State that no act, however necessary for its defense, +should lead to a useless waste of life. Special agents, therefore, have +been off the bar, to warn all approaching vessels, if armed, or unarmed +and having troops to reenforce the forts on board, not to enter the +harbor of Charleston; and special orders have been given to the +commanders of all the forts and batteries not to fire at such vessels +until a shot fired across their bows would warn them of the prohibition +of the State. + +Under these circumstances, the Star of the West, it is understood, this +morning attempted to enter this harbor, with troops on board; and, +having been notified that she could not enter, was fired into. The act +is perfectly justified by me. + +In regard to your threat in relation to vessels in the harbor, it is +only necessary to say, that you must judge of your responsibilities. +Your position in this harbor has been tolerated by the authorities of +the State. And, while the act of which you complain is in perfect +consistency with the rights and duties of the State, it is not perceived +how far the conduct which you propose to adopt can find a parallel in +the history of any country, or be reconciled with any other purpose of +your Government than that of imposing upon this State the condition of a +conquered province. + +F. W. PICKENS. + +To Major Robert Anderson, _commanding Fort Sumter_. + + +_Major Anderson to the Governor._ + + +Headquarters, Fort Sumter, South Carolina, _January 9, 1861_. + +To his Excellency F. W. PICKENS, + +_Governor of the State of South Carolina._ + +Sir: I have the honor to acknowledge the receipt of your communication +of to-day, and to say that, under the circumstances, I have deemed it +proper to refer the whole matter to my Government; and that I intend +deferring the course indicated in my note of this morning until the +arrival from Washington of the instructions I may receive. I have the +honor also to express a hope that no obstructions will be placed in the +way of, and that you will do me the favor to afford every facility to, +the departure and return of the bearer, Lieutenant T. Talbot, U. S. +Army, who has been directed to make the journey. + +I have the honor to be, very respectfully, + +ROBERT ANDERSON, + +_Major U. S. Army, commanding._ + + +_The Governor to the President of the United States._ + + +State of South Carolina, Executive Office, + +Headquarters, Charleston, _January 11, 1861_. + +Sir: At the time of the separation of the State of South Carolina from +the United States, Fort Sumter was, and still is, in the possession of +troops of the United States, under the command of Major Anderson. I +regard that possession as not consistent with the dignity or safety of +the State of South Carolina; and I have this day addressed to Major +Anderson a communication to obtain from him the possession of that fort, +by the authorities of this State. The reply of Major Anderson informs me +that he has no authority to do what I required, but he desires a +reference of the demand to the President of the United States. + +Under the circumstances now existing, and which need no comment by me, I +have determined to send to you the Hon. I. W. Hayne, the +Attorney-General of the State of South Carolina, and have instructed him +to demand the delivery of Fort Sumter, in the harbor of Charleston, to +the constituted authorities of the State of South Carolina. + +The demand I have made of Major Anderson, and which I now make of you, +is suggested because of my earnest desire to avoid the bloodshed which a +persistence in your attempt to retain the possession of that fort will +cause, and which will be unavailing to secure you that possession, but +induce a calamity most deeply to be deplored. + +If consequences so unhappy shall ensue, I will secure for this State, in +the demand which I now make, the satisfaction of having exhausted every +attempt to avoid it. + +In relation to the public property of the United States within Fort +Sumter, the Hon. I. W. Hayne, who will hand you this communication, is +authorized to give you the pledge of the State that the valuation of +such property will be accounted for, by this State, upon the adjustment +of its relations with the United States, of which it was a part. + +F. W. PICKENS. + +_To the_ President _of the United States_. + + +_Extracts from instructions of the State Department of South Carolina to +Hon. I. W. Hayne_. + + +State of South Carolina, Executive Office, + +State Department, Charleston, _January 12, 1861_. + +Sir: The Governor has considered it proper, in view of the grave +questions which now affect the State of South Carolina and the United +States, to make a demand upon the President of the United States for the +delivery to the State of South Carolina of Fort Sumter, now within the +territorial limits of this Sate and occupied by troops of the United +States. + + * * * * * + +You are now instructed to proceed to Washington, and there, in the name +of the government of the State of South Carolina, inquire of the +President of the United States whether it was by his order that troops +of the United States were sent into the harbor of Charleston to +reenforce Fort Sumter; if he avows that order, you will then inquire +whether he asserts a right to introduce troops of the United States +within the limits of this State, to occupy Fort Sumter; and you will, in +case of his avowal, inform him that neither will be permitted, and +either will be regarded as his declaration of war against the State of +South Carolina. + +The Governor, to save life, and determined to omit no course of +proceeding usual among civilized nations, previous to that condition of +general hostilities which belongs to war, and not knowing under what +order, or by what authority, Fort Sumter is now held, demanded from +Major Robert Anderson, now in command of that fort, its delivery to the +State. That officer, in his reply, has referred the Governor to the +Government of the United States at Washington. You will, therefore, +demand from the President of the United States the withdrawal of the +troops of the United States from that fort, and its delivery to the +State of South Carolina. + +You are instructed not to allow any question of property claimed by the +United States to embarrass the assertion of the political right of the +State of South Carolina to the possession of Fort Sumter. The possession +of that fort by the State is alone consistent with the dignity and +safety of the State of South Carolina; but such possession is not +inconsistent with a right to compensation in money in another +Government, if it has against the State of South Carolina any just claim +connected with that fort. But the possession of the fort can not, in +regard to the State of South Carolina, be compensated by any +consideration of any kind from the Government of the United States, when +the possession of it by the Government is invasive of the dignity and +affects the safety of the State. That possession can not become now a +matter of discussion or negotiation. You will, therefore, require from +the President of the United States a positive and distinct answer to +your demand for the delivery of the fort. And you are further authorized +to give the pledge of the State to adjust all matters which may be, and +are in their nature, susceptible of valuation in money, in the manner +most usual, and upon the principles of equity and justice always +recognized by independent nations, for the ascertainment of their +relative rights and obligations in such matters.... + +Respectfully, your obedient servant, A. G. MAGRATH. + +_To Hon._ W. Hayne, _special envoy from the State of South Carolina to +the President of the United States_. + + +_Letter of Senators of seceding States to Hon. I. W. Hayne_. + + +Washington City, _January 15, 1861_. + +Hon. Isaac W. Hayne. + +Sir: We are apprised that you visit Washington, as an envoy from the +State of South Carolina, bearing a communication from the Governor of +your State to the President of the United States, in relation to Fort +Sumter. Without knowing its contents, we venture to request you to defer +its delivery to the President for a few days, or until you and he have +considered the suggestions which we beg leave to submit. + +We know that the possession of Fort Sumter by troops of the United +States, coupled with the circumstances under which it was taken, is the +chief, if not only, source of difficulty between the government of South +Carolina and that of the United States. We would add that we, too, think +it a just cause of irritation and of apprehension on the part of your +State. But we have also assurances, notwithstanding the circumstances +under which Major Anderson left Fort Moultrie and entered Fort Sumter +with the forces under his command, that it was not taken, and is not +held, with any hostile or unfriendly purpose toward your State, but +merely as property of the United States, which the President deems it +his duty to protect and preserve. + +We will not discuss the question of right or duty on the part of either +Government touching that property, or the late acts of either in +relation thereto; but we think that, without any compromise of right or +breach of duty on either side, an amicable adjustment of the matter of +differences may and should be adopted. We desire to see such an +adjustment, and to prevent war or the shedding of blood. We represent +States which have already seceded from the United States, or will have +done so before the 1st of February next, and which will meet your State +in convention on or before the 15th of that month. Our people feel that +they have a common destiny with your people, and expect to form with +them, in that Convention, a new Confederation and Provisional +Government. We must and will share your fortunes, suffering with you the +evils of war if it can not be avoided; and enjoying with you the +blessings of peace, if it can be preserved. We, therefore, think it +especially due from South Carolina to our States--to say nothing of +other slaveholding States--that she should, as far as she can, +consistently with her honor, avoid initiating hostilities between her +and the United States or any other power. We have the public declaration +of the President that he has not the constitutional power or the will to +make war on South Carolina, and that the public peace shall not be +disturbed by any act of hostility toward your State. + +We, therefore, see no reason why there may not be a settlement of +existing difficulties, if time be given for calm and deliberate counsel +with those States which are equally involved with South Carolina. We, +therefore, trust that an arrangement will be agreed on between you and +the President, at least till the 15th of February next; by which time +your and our States may, in convention, devise a wise, just, and +peaceable solution of existing difficulties. + +In the mean time, we think your State should suffer Major Anderson to +obtain necessary supplies of food, fuel, or water, and enjoy free +communication, by post or special messenger, with the President; upon +the understanding that the President will not send him reenforcements +during the same period. We propose to submit this proposition and your +answer to the President. + +If not clothed with power to make such arrangement, then we trust that +you will submit our suggestions to the Governor of your State for his +instructions. Until you have received and communicated his response to +the President, of course your State will not attack Fort Sumter, and the +President will not offer to reenforce it. + +We most respectfully submit these propositions, in the earnest hope that +you, or the proper authority of your State, may accede to them. + +We have the honor to be, with profound esteem, + +Your obedient servants, + +LOUIS T. WIGFALL, +JOHN HEMPHILL, +D. L. YULEE, +S. R. MALLORY, +JEFFERSON DAVIS, +C. C. CLAY, Jr., +BENJAMIN FITZPATRICK, +A. IVERSON, +JOHN SLIDELL, +J. P. BENJAMIN. + + +_Letter of Hon. I. W. Hayne in reply to Senators from seceding States._ + + +Washington, _January, 1861_. + +Gentlemen: I have just received your communication, dated the 15th +instant. You represent, you say, States which have already seceded from +the United States, or _will have_ done so before the 1st of February +next, and which will meet South Carolina in convention, on or before +the 15th of that month; that your people feel they have a common destiny +with our people, and expect to form with them in that Convention a new +Confederacy and Provisional Government; that you must and _will_ share +our fortunes, suffering with us the evils of war, if it can not be +avoided, and enjoying with us the blessings of peace, if it _can_ be +preserved. + +I feel, gentlemen, the force of this appeal, and, so far as my authority +extends, most cheerfully comply with your request. + +I am _not_ clothed with power to make the arrangements you suggest, but +provided you can get assurances, with which you are entirely satisfied, +that _no_ reenforcements will be sent to Fort Sumter in the interval, +and that public peace shall _not_ be disturbed by any act of hostility +toward South Carolina, I will refer your communication to the +authorities of South Carolina, and, withholding their communication, +with which I am at present charged, will wait for their instructions. + +Major Anderson and his command, let me assure you, _do_ now obtain all +necessary supplies of food (including fresh meat and vegetables), and, I +believe, fuel and water; and _do_ now enjoy free communication, by post +and special messengers, with the President, and will continue to do so, +certainly, until the door of negotiation shall be closed. + +If your proposition is acceded to, you may assure the President that +_no_ attack will be made on Fort Sumter until a response from the +Governor of South Carolina has been received by me, and communicated to +him. + +With great consideration and profound esteem, +Your obedient servant, +ISAAC W. HAYNE, +_Envoy from the Governor and Council of South Carolina._ + + +_Letter of Senators of seceding States to the President._ + + +Senate-Chamber, _January 19, 1861_. + +Sir: We have been requested to present to you copies of a correspondence +between certain Senators of the United States and Colonel Isaac W. +Hayne, now in this city, in behalf of the government of South Carolina, +and to ask that you will take into consideration the subject of said +correspondence. Very respectfully, your obedient servants, + +BENJAMIN FITZPATRICK, +S. R. MALLORY, +JOHN SLIDELL. +To his Excellency James Buchanan, _President United States_. + + +To the letter above, an evasive reply was returned on the 22d by the +Hon. Joseph Holt, Secretary of War _ad interim_, on behalf of the +President, the material points of which are contained in the following +paragraph: + + +In regard to the proposition of Colonel Hayne, that "no reenforcements +will be sent to Fort Sumter in the interval, and that the public peace +will not be disturbed by any act of hostility toward South Carolina," it +is impossible for me to give you any such assurances. The President has +no authority to enter into such an agreement or understanding. As an +executive officer, he is simply bound to protect the public property, so +far as this may be practicable; and it would be a manifest violation of +his duty to place himself under engagements that he would not perform +this duty either for an indefinite or limited period. At the present +moment it is not deemed necessary to reenforce Major Anderson, because +he makes no such request, and feels quite secure in his position. Should +his safety, however, require reenforcements, every effort will be made +to supply them. + + +Mr. Holt concludes his letter by saying: + + +Major Anderson is not menacing Charleston; and I am convinced that the +happiest result which can be attained is, that both he and the +authorities of South Carolina shall remain on their present amicable +footing, neither party being bound by any obligations whatever, except +the high Christian and moral duty to keep the peace, and to avoid all +causes of mutual irritation. Very respectfully, your obedient servant, + +J. HOLT, _Secretary of War ad interim._ + + +_Letter of Senators of seceding States to Hon. I. W. Hayne._ + + +Hon. Isaac W. Hayne. Washington, _January 23, 1861_. + +Sir: In answer to your letter of the 17th inst. we have now to inform +you that, after communicating with the President, we have received a +letter signed by the Secretary of War, and addressed to Messrs. +Fitzpatrick, Mallory, and Slidell, on the subject of our proposition, +which letter we now inclose to you. Although its terms are not as +satisfactory as we could have desired, in relation to the ulterior +purposes of the Executive, we have no hesitation in expressing our +entire confidence that no reenforcements will be sent to Fort Sumter, +nor will the public peace be disturbed within the period requisite for +full communication between yourself and your government; and we trust, +therefore, that you will feel justified in applying for further +instructions before delivering to the President any message with which +you may have been charged. + +We take this occasion to renew the expression of an earnest hope that +South Carolina will not deem it incompatible with her safety, dignity; +or honor to refrain from initiating any hostilities against any power +whatsoever, or from taking any steps tending to produce collision, until +our States, which are to share her fortunes, shall have an opportunity +of joining their counsels with hers. + +We are, with great respect, your obedient servants, + +LOUIS T. WIGFALL, +D. L. YULEE, +J. P. BENJAMIN, +A. IVERSON, +JOHN HEMPHILL, +JOHN SLIDELL, +C. C. CLAY, Jr. + +P.S.--Some of the signatures to the former letter addressed to you are +not affixed to the foregoing communication, in consequence of the +departure of several Senators, now on their way to their respective +States. + + +_Letter of Hon. I. W. Hayne to Senators of seceding States._ + + +To the Honorable Louis T. Wigfall, D. L. Yulee, J. P. Benjamin, A. +Iverson, John Hemphill, John Slidell, and C. C. Clay, Jr. + +Gentlemen: I have received your letter of the 23d inst., inclosing a +communication dated the 22d inst., addressed to Messrs. Fitzpatrick, +Mallory, and Slidell, from the Secretary of War _ad interim_. This +communication from the Secretary is far from being satisfactory to me. +But, inasmuch as you state that "we (you) have no hesitation in +expressing an entire confidence that no reenforcement will be sent to +Fort Sumter, nor will the public peace be disturbed within the period +requisite for full communication between yourself (myself) and your (my) +Government," in compliance with our previous understanding, I withhold +the communication with which I am at present charged, and refer the +whole matter to the authorities of South Carolina, and will await their +reply. + +Mr. Gourdin, of South Carolina, now in this city, will leave here by the +evening's train, and will lay before the Governor of South Carolina and +his Council the whole correspondence between yourselves and myself, and +between you and the Government of the United States, with a +communication from me, asking further instructions. + +I can not, in closing, but express my deep regret that the President +should deem it necessary to keep a garrison of troops at Fort Sumter for +the protection of the "_property_" of the United States. South Carolina +scorns the idea of appropriating to herself the _property_ of another, +whether of a government or an individual, without accounting, to the +last dollar, for everything which, for the protection of her citizens +and in vindication of her own honor and dignity, she may deem it +necessary to take into her own possession. As _property_, Fort Sumter is +in far greater jeopardy occupied by a garrison of United States troops +than it would be if delivered over to the State authorities, with the +pledge that, in regard to that and all other property claimed by the +United States within the jurisdiction of South Carolina, they would +fully account, upon a fair adjustment. + +Upon the other point of the preservation of the peace, and the avoidance +of bloodshed--is it supposed that the occupation of a fort in the midst +of a harbor, with guns bearing upon every position of it, by a +Government no longer acknowledged, can be other than the occasion of +constant irritation, excitement, and indignation? It creates a condition +of things which I fear is but little calculated to advance the +observance of the "high Christian and moral duty to keep the peace, and +to avoid all causes of mutual irritation," recommended by the Secretary +of War in his communication. + +In my judgment, to continue to hold Fort Sumter, by United States +troops, is the worst possible means of protecting it as property, and +the worst possible means for effecting a peaceful solution of present +difficulties. + +I beg leave, in conclusion, to say that it is in deference to the +unanimous opinion expressed by the Senators present in Washington, +"representing States which have already seceded from the United States, +or will have done so before the 1st of February next," that I comply +with your suggestions. And I feel assured that suggestions from such a +quarter will be considered with profound respect by the authorities of +South Carolina, and will have great weight in determining their action. + +With high consideration, I have the honor to be, very respectfully, your +obedient servant, + +ISAAC W. HAYNE, + +_Envoy from the Governor and Council of South Carolina._ + + +_Mr. Hayne to the President of the United States_. + + +Washington, _January_ 31, 1861. + +To his Excellency James Buchanan, _President_. + +Sir: I had the honor to hold a short interview with you on the 14th +inst., informal and unofficial. Having previously been informed that you +desired that whatever was official should be, on both sides, conducted +by written communications, I did not at that time present my +credentials, but verbally informed you that I bore a letter from the +Governor of South Carolina in regard to the occupation of Fort Sumter, +which I would deliver the next day under cover of a written +communication from myself. The next day, before such communication could +be made, I was waited upon by a Senator from Alabama, who stated that he +came on the part of all the Senators then in Washington from the States +which had already seceded from the United States, or would certainly +have done so before the 1st day of February next. The Senator from +Alabama urged that he and they were interested in the subject of my +mission in almost an equal degree with the authorities of South +Carolina. He said that hostilities commenced between South Carolina and +your Government would necessarily involve the States represented by +themselves in civil strife, and, fearing that the action of South +Carolina might complicate the relations of your Government to the +seceded and seceding States, and thereby interfere with a peaceful +solution of existing difficulties, these Senators requested that I would +withhold my message to yourself until a consultation among themselves +could be had. To this I agreed, and the result of the consultation was +the letter of these Senators addressed to me, dated 15th January, a copy +of which is in your possession. To this letter I replied on the 17th, +and a copy of that reply is likewise in your possession. This +correspondence, as I am informed, was made the subject of a +communication from Senators Fitzpatrick, Mallory, and Slidell, addressed +to you, and your attention called to the contents. These gentlemen +received on the 22d day of January a reply to their application, +conveyed in a letter addressed to them, dated the 22d, signed by the +Hon. J. Holt, Secretary of War _ad interim_. Of this letter you of +course have a copy. This letter from Mr. Holt was communicated to me +under the cover of a letter from all the Senators of the seceded and +seceding States, who still remained in Washington; and of this letter, +too, I am informed you have been furnished with a copy. + +This reply of yours through the Secretary of War _ad interim_ to the +application made by the Senators, was entirely unsatisfactory to me. It +appeared to me to be not only a rejection in advance of the main +proposition made by these Senators, to wit, that "an arrangement should +be agreed on between the authorities of South Carolina and your +Government, at least until the 15th of February next, by which time +South Carolina and the States represented by the Senators might, in +convention, devise a wise, just, and peaceable solution of existing +difficulties"; "in the mean time," they say, "we think" (that is, these +Senators) "that your State" (South Carolina) "should suffer Major +Anderson to obtain necessary supplies of food, fuel, or water, and enjoy +free communication, by post or special messenger, with the President, +upon the understanding that the President will not send him +reenforcements during the same period"; but, besides this rejection of +the main proposition, there was in Mr. Holt's letter a distinct refusal +to make any stipulation on the subject of reenforcement, even for the +short time that might be required to communicate with my government. + +This reply to the Senators was, as I have stated, altogether +unsatisfactory to me, and I felt sure that it would be so to the +authorities whom I represented. It was not, however, addressed to me, or +to the authorities of South Carolina; and, as South Carolina had +addressed nothing to your Government, and had asked nothing at your +hands, I looked not to Mr. Holt's letter but to the note addressed to me +by the Senators of the seceded and seceding States. I had consented to +withhold my message at _their_ instance, provided they could get +assurances _satisfactory to them_ that no reenforcements would be sent +to Fort Sumter in the interval, and that the peace should not be +disturbed by any act of hostility. The Senators expressed, in their note +to me of the 23d instant, their "entire confidence that no +reenforcements will be sent to Fort Sumter, nor will the public peace be +disturbed within the period requisite for full communication between you +(myself) and your (my) Government"; and renewed their request that I +would withhold the communication with which I stood charged, and await +further instructions. This I have done. The further instructions arrived +on the 30th instant and bear date the 26th. I now have the honor to make +to you my first communication as special envoy from the government of +South Carolina. You will find inclosed the original communication to the +President of the United States from the Governor of South Carolina, with +which I was charged in Charleston on the 12th day of January, instant, +the day on which it bears date. I am now instructed by the Governor of +South Carolina to say that "his opinion as to the propriety of the +demand which is contained in this letter has not only been confirmed by +the circumstances which your (my) mission has developed, but is now +increased to a conviction of its necessity. The safety of the State +requires that the position of the President should be distinctly +understood. The safety of all seceding States requires it as much as the +safety of South Carolina. If it be so, that Fort Sumter is held as +_property_, then as property, the rights, whatever they may be, of the +United States can be ascertained, and for the satisfaction of these +rights the pledge of the State of South Carolina you are" (I am) +"authorized to give. If Fort Sumter is not held as property, it is +held," say my instructions, "as a military post, and such a post within +the limits of South Carolina can not be tolerated." + +You will perceive that it is upon the presumption that it is solely as +property that you continue to hold Fort Sumter that I have been selected +for the performance of the duty upon which I have entered. I do not come +as a military man to demand the surrender of a fortress, but as the +legal officer of the State, its Attorney-General, to claim for the State +the exercise of its undoubted right of eminent domain, and to pledge the +State to make good all injury to the rights of property which may arise +from the exercise of the claim. + +South Carolina, as a separate, independent sovereignty, assumes the +right to take into her possession everything within her limits essential +to maintain her honor or her safety, irrespective of the question of +property, subject only to the moral duty requiring that compensation +should be made to the owner. This right she can not permit to be drawn +into discussion. As to compensation for any property, whether of an +individual or a Government, which she may deem it necessary for her +honor or safety to take into her possession, her past history gives +ample guarantee that it will be made, upon a fair accounting, to the +last dollar. The proposition now is, that her law officer should, under +authority of the Governor and his Council, distinctly pledge the faith +of South Carolina to make such compensation in regard to Fort Sumter, +and its appurtenances and contents, to the full extent of the money +value of the property of the United States delivered over to the +authorities of South Carolina by your command. + +I will not suppose that a pledge like this can be considered +insufficient security. Is not the money value of the property of the +United States in this fort, situated where it can not be made available +to the United States for any one purpose for which it was originally +constructed, worth more to the United States than the property itself? +Why, then, _as property_, insist on holding it by an armed garrison? Yet +such has been the ground upon which you have invariably placed your +occupancy of this fort by troops; beginning, prospectively, with your +annual message of the 4th December; again in your special message of the +9th (8th) January, and still more emphatically in your message of the +28th January. The same position is set forth in your reply to the +Senators, through the Secretary of War _ad interim_. It is there +virtually conceded that Fort Sumter "is held merely as property of the +United States, which you deem it your duty, to protect and preserve." + +Again, it is submitted that the continuance of an armed possession +actually jeopards the property you desire to protect. It is impossible +but that such a possession, if continued long enough, must lead to +collision. No people, not completely abject and pusillanimous, could +submit, indefinitely, to the armed occupation of a fortress in the midst +of the harbor of its principal city, and commanding the ingress and +egress of every ship that enters the port, the daily ferry-boats that +ply upon the waters moving but at the sufferance of aliens. An attack +upon this fort would scarcely improve it as property, whatever the +result; and, if captured, it would no longer be the subject of account. + +To protect Fort Sumter, merely as property, it is submitted that an +armed occupancy is not only unnecessary, but that it is manifestly the +worst possible means which can be resorted to for such an object. + +Your reply to the Senators, through Mr. Holt, declares it to be your +sole object "to act strictly on the defensive, and to authorize no +movement against South Carolina unless justified by a hostile movement +on their part," yet, in reply to the proposition of the Senators that no +reenforcements should be sent to Fort Sumter, provided South Carolina +agrees that during the same period no attack should be made, you say: +"It is impossible for me (your Secretary) to give you (the Senators) any +such assurance," that it "would be a manifest violation of his (your) +duty to place himself (yourself) under engagements that he (you) would +not perform the duty either for an indefinite or a limited period." + +In your message of the 28th inst., in expressing yourself in regard to a +similar proposition, you say: "However strong may be my desire to enter +into such an agreement, I am convinced that I do not possess the power. +Congress, and Congress alone, under the war-making power, can exercise +the discretion of agreeing to abstain 'from any and all acts calculated +to produce a collision of arms' between this and other governments. It +would, therefore, be a usurpation for the Executive to attempt to +restrain their hands by an agreement in regard to matters over which he +has no constitutional control. If he were thus to act, they might pass +laws which he should be bound to obey, though in conflict with his +agreement." The proposition, it is suggested, was addressed to you under +the laws as they now are, and was not intended to refer to a new +condition of things arising under new legislation. It was addressed to +the Executive discretion, acting under existing laws. If Congress +should, under the war-making power, or in any other way, legislate in a +manner to affect the peace of South Carolina, her interests or her +rights, it would not be accomplished in secret. South Carolina would +have timely notice, and she would, I trust, endeavor to meet the +emergency. + +It is added in the letter of Mr. Holt that "at the present moment it is +not deemed necessary to reenforce Major Anderson, because he makes no +such request, and feels quite secure in his position. But, should his +safety require it, every effort will be made to supply reenforcements." +This would seem to ignore the other branch of the proposition made by +the Senators, viz., that no attack was to be made on Fort Sumter during +the period suggested, and that Major Anderson should enjoy the +facilities of communication, etc. + +I advert to this point, however, for the purpose of saying that to send +reenforcements to Fort Sumter could not serve as a means of _protecting_ +and _preserving_ property, for, as must be known to your Government, it +would inevitably lead to immediate hostilities, in which property on all +sides would necessarily suffer. + +South Carolina has every disposition to preserve the public peace, and +feels, I am sure, in full force, those high "Christian and moral duties" +referred to by your Secretary; and it is submitted that on her part +there is scarcely any consideration of mere property, apart from honor +and safety, which could induce her to do aught to jeopard that peace, +still less to inaugurate a protracted and bloody civil war. She rests +her position on something higher than mere property. It is a +consideration of her own dignity as a sovereign, and the safety of her +people, which prompts her to demand that this property should not longer +be used as a military post by a Government she no longer acknowledges. +She feels this to be an imperative duty. It has, in fact, become an +absolute necessity of her condition. + +Repudiating, as you do, the idea of coercion, avowing peaceful +intentions, and expressing a patriot's horror for civil war and bloody +strife among those who once were brethren, it is hoped that on further +consideration you will not, on a mere question of property, refuse the +reasonable demand of South Carolina, which honor and necessity alike +compel her to vindicate. Should you disappoint this hope, the +responsibility for the result surely does not rest with her. If the +evils of war are to be encountered, especially the calamities of civil +war, an elevated statesmanship would seem to require that it should be +accepted as the unavoidable alternative of something still more +disastrous, such as national dishonor or measures materially affecting +the safety or permanent interests of a people--that it should be a +choice deliberately made, and entered upon as war, and of set purpose. +But that war should be the incident or accident, attendant on a policy +professedly peaceful, and not required to effect the object which is +avowed as the only end intended, can only be excused when there has been +no warning given as to the consequences. + +I am further instructed to say that South Carolina can not, by her +silence, appear to acquiesce in the imputation that she was guilty of an +act of unprovoked aggression in firing on the Star of the West. Though +an unarmed vessel, she was filled with armed men entering her territory +against her will, with the purpose of reenforcing a garrison held, +within her limits, against her protest. She forbears to recriminate by +discussing the question of the propriety of attempting such a +reenforcement at all, as well as of the disguised and secret manner in +which it was intended to be effected. And on this occasion she will say +nothing as to the manner in which Fort Sumter was taken into the +possession of its present occupants. + +The interposition of the Senators who have addressed you was a +circumstance unexpected by my government, and unsolicited certainly by +me. The Governor, while he appreciates the high and generous motives by +which they were prompted, and while he fully approves the delay which, +in deference to them, has taken place in the presentation of this +demand, feels that it can not longer be withheld. + +I conclude with an extract from the instructions just received by me +from the government of South Carolina: + +"The letter of the President, through Mr. Holt, may be received as the +reply to the question you were instructed to ask, as to his assertion of +his right to send reenforcements to Fort Sumter. You were instructed to +say to him, if he asserted that right, that the State of South Carolina +regarded such a right when asserted, or with an attempt at its exercise, +as a declaration of war. + +"If the President intends it shall not be so understood, it is proper, +to avoid any misconception hereafter, that he should be informed of the +manner in which the Governor will feel bound to regard it. + +"If the President, when you have stated the reasons which prompt the +Governor in making the demand for the delivery of Sumter, shall refuse +to deliver the fort upon the pledge you have been authorized to make, +you will communicate that refusal without delay to the Governor. If the +President shall not be prepared to give you an immediate answer, you +will communicate to him that his answer may be transmitted within a +reasonable time to the Governor at this place (Charleston, South +Carolina). + +"The Governor does not consider it necessary that you (I) should remain +longer in Washington than is necessary to execute this, the closing duty +of your (my) mission, in the manner now indicated to you (me). As soon +as the Governor shall receive from you information that you have closed +your mission, and the reply, whatever it may be, of the President, he +will consider the conduct which may be necessary on his part." + +Allow me to request that you would, as soon as possible, inform me +whether, under these instructions, I need await your answer in +Washington; and, if not, I would be pleased to convey from you, to my +government, information as to the time when an answer may be expected in +Charleston. + +With high consideration, + +I am, very respectfully, + +ISAAC W. HAYNE, _Special Envoy_. + + +Some further correspondence ensued, but without the presentation of any +new feature necessary to a full understanding of the case. The result +was to leave it as much unsettled in the end as it had been in the +beginning, and the efforts at negotiation were terminated by the +retirement from Washington of Colonel Hayne on the 8th of February, +1861. + + + + +APPENDIX K. + +THE CONSTITUTIONS. + + +The Provisional Constitution of the Confederate States, adopted on the +8th of February, 1861, is here presented, followed by the Constitution +of the United States, with all its amendments to the period of the +secession of the Southern States, and the permanent Constitution of the +Confederate States (adopted on the 11th of March, 1861), in parallel +columns. The variations from the Constitution of the United States, in +the permanent Constitution of the Confederate States, are indicated by +italics; the parts omitted by periods. + +Constitution for the Provisional Government of the Confederate States of +America. + +We, the deputies of the sovereign and independent States of South +Carolina, Georgia, Florida, Alabama, Mississippi, and Louisiana, +invoking the favor of Almighty God, do hereby, in behalf of these +States, ordain and establish this Constitution for the provisional +Government of the same: to continue one year from the inauguration of +the President, or until a permanent Constitution or Confederation +between the said States shall be put in operation, whichsoever shall +first occur. + + +ARTICLE I. + +Section 1.--All legislative powers herein delegated shall be vested in +this Congress now assembled until otherwise ordained. + +Section 2.--When vacancies happen in the representation from any State, +the same shall be filled in such manner as the proper authorities of the +State shall direct. + +Section 3.--1. The Congress shall be the judge of the elections, +returns, and qualifications of its members; any number of deputies from +a majority of the States being present, shall constitute a quorum to do +business; but a smaller number may adjourn from day to day, and may be +authorized to compel the attendance of absent members; upon all +questions before the Congress each State shall be entitled to one vote, +and shall be represented by any one or more of its deputies who may be +present. + +2. The Congress may determine the rules of its proceedings, punish its +members for disorderly behavior, and, with the concurrence of two +thirds, expel a member. + +3. The Congress shall keep a journal of its proceedings, and from time +to time publish the same, excepting such parts as may in their judgment +require secrecy; and the yeas and nays of the members on any question +shall, at the desire of one fifth of those present, or at the instance +of any one State, be entered on the journal. + +Section 4.--The members of Congress shall receive a compensation for +their services, to be ascertained by law, and paid out of the Treasury +of the Confederacy. They shall in all cases, except treason, felony, and +breach of the peace, be privileged from arrest during their attendance +at the session of the Congress, and in going to and returning from the +same; and for any speech or debate they shall not be questioned in any +other place. + +Section 5.--1. Every bill which shall have passed the Congress shall, +before it becomes a law, be presented to the President of the +Confederacy; if he approve, he shall sign it; but, if not, he shall +return it with his objections to the Congress, who shall enter the +objections at large on their journal, and proceed to reconsider it. If, +after such reconsideration, two thirds of the Congress shall agree to +pass the bill, it shall become a law. But in all such cases the votes +shall be determined by yeas and nays; and the names of the persons +voting for and against the bill shall be entered on the journal. If any +bill shall not be returned by the President within ten days (Sundays +excepted) after it shall have been presented to him, the same shall be a +law, in like manner as if he had signed it, unless the Congress, by +their adjournment, prevent its return, in which case it shall not be a +law. The President may veto any appropriation or appropriations, and +approve any other appropriation or appropriations, in the same bill. + +2. Every order, resolution, or vote intended to have the force and +effect of a law, shall be presented to the President, and, before the +same shall take effect, shall be approved by him, or, being disapproved +by him, shall be repassed by two thirds of the Congress, according to +the rules and limitations prescribed in the case of a bill. + +3. Until the inauguration of the President, all bills, orders, +resolutions, and votes adopted by the Congress shall be of full force +without approval by him. + +Section 6.--1. The Congress shall have power to lay and collect taxes, +duties, imposts, and excises, for the revenue necessary to pay the debts +and carry on the Government of the Confederacy; and all duties, imposts, +and excises shall be uniform throughout the States of the Confederacy. + +2. To borrow money on the credit of the Confederacy. + +3. To regulate commerce with foreign nations, and among the several +States, and with the Indian tribes. + +4. To establish a uniform rule of naturalization and uniform laws on the +subject of bankruptcies throughout the Confederacy. + +5. To coin money, regulate the value thereof and of foreign coin, and +fix the standard of weights and measures. + +6. To provide for the punishment of counterfeiting the securities and +current coin of the Confederacy. + +7. To establish post-offices and post-roads. + +8. To promote the progress of science and useful arts by securing for +limited times to authors and inventors the exclusive right to their +respective writings and discoveries. + +9. To constitute tribunals inferior to the Supreme Court. + +10. To define and punish piracies and felonies committed on the +high-seas, and offenses against the law of nations. + +11. To declare war, grant letters of marque and reprisal, and make rules +concerning captures on land and water. + +12. To raise and support armies; but no appropriation of money to that +use shall be for a longer term than two years. + +13. To provide and maintain a navy. + +14. To make rules for the government and regulation of the land and +naval forces. + +15. To provide for calling forth the militia to execute the laws of the +Confederacy, suppress insurrections, and repel invasion. + +16. To provide for organizing, arming, and disciplining the militia, and +for governing such part of them as may be employed in the service of the +Confederacy, reserving to the States respectively the appointment of the +officers, and the authority of training the militia according to the +discipline prescribed by Congress. + +17. To make all laws that shall be necessary and proper for carrying +into execution the foregoing powers and all other powers expressly +delegated by this Constitution to this provisional Government. + +18. The Congress shall have power to admit other States. + +19. This Congress shall also exercise executive powers until the +President is inaugurated. + +Section 7.--1. The importation of African negroes from any foreign +country, other than the slaveholding States of the United States, is +hereby forbidden; and Congress are required to pass such laws as shall +effectually prevent the same. + +2. The Congress shall also have power to prohibit the introduction of +slaves from any State not a member of this Confederacy. + +3. The privilege of the writ of _habeas corpus_ shall not be suspended +unless, when in case of rebellion or invasion, the public safety may +require it. + +4. No bill of attainder or _ex post facto_ law shall be passed. + +5. No preference shall be given, by any regulation of commerce or +revenue, to the ports of one State over those of another; nor shall +vessels bound to or from one State be obliged to enter, clear, or pay +duties in another. + +6. No money shall be drawn from the Treasury, but in consequence of +appropriations made by law; and a regular statement and account of the +receipts and expenditures of all public money shall be published from +time to time. + +7. Congress shall appropriate no money from the Treasury unless it be +asked and estimated for by the President or some one of the heads of +departments, except for the purpose of paying its own expenses and +contingencies. + +8. No title of nobility shall be granted by the Confederacy; and no +person holding any office of profit or trust under it shall, without the +consent of the Congress, accept of any present, emolument, office, or +title of any kind whatever from any king, prince, or foreign state. + +9. Congress shall make no law respecting an establishment of religion or +prohibiting the free exercise thereof; or abridging the freedom of +speech, or of the press; or the right of the people peaceably to +assemble and to petition the Government for a redress of such grievances +as the delegated powers of this Government may warrant it to consider +and redress. + +10. A well-regulated militia being necessary to the security of a free +state, the right of the people to keep and bear arms shall not be +infringed. + +11. No soldier shall, in time of peace, be quartered in any house +without the consent of the owner; nor in time of war, but in a manner to +be prescribed by law. + +12. The right of the people to be secure in their persons, houses, +papers, and effects against unreasonable searches and seizures shall not +be violated; and no warrants shall issue but upon probable cause, +supported by oath or affirmation, and particularly describing the place +to be searched, and the persons or things to be seized. + +13. No person shall be held to answer for a capital or otherwise +infamous crime, unless on a presentment or indictment of a grand jury, +except in cases arising in the land or naval forces or in the militia, +when in actual service in time of war or public danger; nor shall any +person be subject for the same offense to be twice put in jeopardy of +life or limb; nor shall be compelled in any criminal case to be a +witness against himself; nor be deprived of life, liberty, or property +without due process of law; nor shall private property be taken for +public use without just compensation. + +14. In all criminal prosecutions, the accused shall enjoy the right to a +speedy and public trial by an impartial jury of the State and district +wherein the crime shall have been committed, which district shall have +been previously ascertained by law, and to be informed of the nature and +cause of the accusation; to be confronted with the witness against him; +to have compulsory process for obtaining witnesses in his favor; and to +have the assistance of counsel for his defense. + +15. In suits at common law, where the value in controversy shall exceed +twenty dollars, the right of trial by jury shall be preserved; and no +fact tried by a jury shall be otherwise reexamined in any court of the +Confederacy than according to the rules of the common law. + +16. Excessive bail shall not be required, nor excessive fines imposed, +nor cruel and unusual punishment inflicted. + +17. The enumeration, in the Constitution, of certain rights shall not be +construed to deny or disparage others retained by the people. + +18. The powers not delegated to the Confederacy by the Constitution, nor +prohibited by it to the States, are reserved to the States respectively, +or to the people. + +19. The judicial power of the Confederacy shall not be construed to +extend to any suit in law or equity, commenced or prosecuted against one +of the States of the Confederacy, by citizens of another State, or by +citizens or subjects of any foreign state. + +Section 8.--1. No State shall enter into any treaty, alliance, or +confederation; grant letters of marque and reprisal; coin money; emit +bills of credit; make anything but gold and silver coin a tender in +payment of debts; pass any bill of attainder, _ex post facto_ law, or +law impairing the obligation of contracts; or grant any title of +nobility. + +2. No State shall, without the consent of the Congress, lay any imposts +or duties on imports or exports, except what may be absolutely necessary +for executing its inspection laws; and the net produce of all duties and +imposts, laid by any State on imports or exports, shall be for the use +of the Treasury of the Confederacy, and all such laws shall be subject +to the revision and control of the Congress. No State shall, without the +consent of Congress, lay any duty on tonnage, enter into any agreement +or compact with another State, or with a foreign power, or engage in war +unless actually invaded, or in such imminent danger as will not admit of +delay. + + +ARTICLE II. + +Section 1.--1. The Executive power shall be vested in a President of the +Confederate States of America. He, together with the Vice-President, +shall hold his office for one year, or until this Provisional Government +shall be superseded by a permanent Government, whichsoever shall first +occur. + +2. The President and Vice-President shall be elected by ballot by the +States represented in this Congress, each State casting one vote, and a +majority of the whole being requisite to elect. + +3. No person except a natural-born citizen, or a citizen of one of the +States of this Confederacy at the time of the adoption of this +Constitution, shall be eligible to the office of President; neither +shall any person be eligible to that office who shall not have attained +the age of thirty-five years, and been fourteen years a resident of one +of the States of this Confederacy. + +4. In case of the removal of the President from office, or of his death, +resignation, or inability to discharge the powers and duties of the said +office (which inability shall be determined by a vote of two thirds of +the Congress), the same shall devolve on the Vice-President; and the +Congress may by law provide for the case of removal, death, resignation, +or inability both of the President and Vice-President, declaring what +officer shall then act as President; and such officer shall act +accordingly, until the disability be removed or a President shall be +elected. + +5. The President shall, at stated times, receive for his services during +the period of the Provisional Government a compensation at the rate of +twenty-five thousand dollars per annum; and he shall not receive during +that period any other emolument from this Confederacy, or any of the +States thereof. + +6. Before he enters on the execution of his office, he shall take the +following oath or affirmation: + +I do solemnly swear (or affirm) that I will faithfully execute the +office of President of the Confederate States of America, and will, to +the best of my ability, preserve, protect, and defend the Constitution +thereof. + +Section 2.--1. The President shall be Commander-in-Chief of the Army and +Navy of the Confederacy, and of the militia of the several States, when +called into the actual service of the Confederacy; he may require the +opinion in writing of the principal officer in each of the executive +departments, upon subjects relating to the duties of their respective +offices; and he shall have power to grant reprieves and pardons for +offenses against the Confederacy, except in cases of impeachment. + +2. He shall have power, by and with the advice and consent of the +Congress, to make treaties, provided two thirds of the Congress concur; +and he shall nominate and, by and with the advice and consent of the +Congress, shall appoint ambassadors, other public ministers, and +consuls, judges of the courts, and all other officers of the Confederacy +whose appointments are not herein otherwise provided for, and which +shall be established by law. But the Congress may, by law, vest the +appointment of such inferior officers as they think proper in the +President alone, in the courts of law, or in the heads of departments. + +3. The President shall have power to fill up all vacancies that may +happen during the recess of the Congress, by granting commissions which +shall expire at the end of their next session. + +Section 3.--1. He shall from time to time give to the Congress +information of the state of the Confederacy, and recommend to their +consideration such measures as he shall judge necessary and expedient; +he may, on extraordinary occasions, convene the Congress at such times +as he shall think proper; he shall receive ambassadors and other public +ministers; he shall take care that the laws be faithfully executed; and +shall commission all the officers of the Confederacy. + +2. The President, Vice-President, and all civil officers of the +Confederacy shall be removed from office on conviction by the Congress +of treason, bribery, or other high crimes and misdemeanors; a vote of +two thirds shall be necessary for such conviction. + + +ARTICLE III. + +Section 1.--1. The judicial power of the Confederacy shall be vested in +one Supreme Court, and in such inferior courts as are herein directed, +or as the Congress may from time to time ordain and establish. + +2. Each State shall constitute a district in which there shall be a +court called a District Court, which, until otherwise provided by the +Congress, shall have the jurisdiction vested by the laws of the United +States, as far as applicable, in both the District and Circuit Courts of +the United States, for that State; the judge whereof shall be appointed +by the President by and with the advice and consent of the Congress, and +shall, until otherwise provided by the Congress, exercise the power and +authority vested by the laws of the United States in the judges of the +District and Circuit Courts of the United States for that State, and +shall appoint the times and places at which the courts shall be held. +Appeals may be taken directly from the District Courts to the Supreme +Court, under similar regulations to those which are provided in cases of +appeal to the Supreme Court of the United States, or under such +regulations as may be provided by the Congress. The commissions of all +the judges shall expire with this provisional Government. + +3. The Supreme Court shall be constituted of all the district judges, a +majority of whom shall be a quorum, and shall sit at such times and +places as the Congress shall appoint. + +4. The Congress shall have power to make laws for the transfer of any +causes which were pending in the courts of the United States to the +courts of the Confederacy, and for the execution of the orders, decrees, +and judgments heretofore rendered by the said courts of the United +States; and also all laws which may be requisite to protect the parties +to all such suits, orders, judgments, or decrees, their heirs, personal +representatives, or assignees. + +Section 2.--1. The judicial power shall extend to all cases of law and +equity arising under this Constitution, the laws of the United States +and of this Confederacy, and treaties made, or which shall be made, +under its authority; to all cases affecting ambassadors, other public +ministers and consuls; to all cases of admiralty and maritime +jurisdiction; to controversies to which the Confederacy shall be a +party; controversies between two or more States; between citizens of +different States; between citizens of the same State claiming lands +under grants of different States. + +2. In all cases affecting ambassadors, other public ministers and +consuls, and those in which a State shall be a party, the Supreme Court +shall have original jurisdiction. In all the other cases before +mentioned, the Supreme Court shall have appellate jurisdiction both as +to law and fact, with such exceptions and under such regulations as the +Congress shall make. + +3. The trial of all crimes, except in cases of impeachment, shall be by +jury, and such trial shall be held in the State where the said crimes +shall have been committed; but, when not committed within any State, the +trial shall be at such place or places as the Congress may by law have +directed. + +Section 3.--1. Treason against this Confederacy shall consist only in +levying war against it, or in adhering to its enemies, giving them aid +and comfort. No person shall be convicted of treason unless on the +testimony of two witnesses to the same overt act, or on confession in +open court. + +2. The Congress shall have power to declare the punishment of treason; +but no attainder of treason shall work corruption of blood, or +forfeiture, except during the life of the person attainted. + + +ARTICLE IV. + +Section 1.--1. Full faith and credit shall be given in each State to the +public acts, records, and judicial proceedings of every other State. And +the Congress may by general laws prescribe the manner in which such +acts, records, and proceedings shall be proved, and the effect of such +proof. + +Section 2.--1. The citizens of each State shall be entitled to all +privileges and immunities of citizens in the several States. + +2. A person charged in any State with treason, felony, or other crime, +who shall flee from justice, and be found in another State, shall, on +demand of the Executive authority of the State from which he fled, be +delivered up to be removed to the State having jurisdiction of the +crime. + +3. A slave in one State escaping to another shall be delivered up, on +claim of the party to whom said slave may belong, by the Executive +authority of the State in which such slave shall be found, and, in case +of any abduction or forcible rescue, full compensation, including the +value of the slave and all costs and expenses, shall be made to the +party by the State in which such abduction or rescue shall take place. + +Section 3.--1. The Confederacy shall guarantee to every State in this +Union a republican form of government, and shall protect each of them +against invasion; and on application of the Legislature, or of the +Executive (when the Legislature can not be convened), against domestic +violence. + + +ARTICLE V. + +1. The Congress, by a vote of two thirds, may at any time alter or amend +this Constitution. + + +ARTICLE VI. + +1. This Constitution, and the laws of the Confederacy which shall be +made in pursuance thereof, and all treaties made, or which shall be +made, under the authority of the Confederacy, shall be the supreme law +of the land; and the judges in every State shall be bound thereby, +anything in the Constitution or laws of any State to the contrary +notwithstanding. + +2. The Government hereby instituted shall take immediate steps for the +settlement of all matters between the States forming it, and their other +late confederates of the United States, in relation to the public +property and public debt at the time of their withdrawal from them; +these States hereby declaring it to be their wish and earnest desire to +adjust everything pertaining to the common property, common liability, +and common obligations of that Union upon the principles of right, +justice, equity, and good faith. + +3. Until otherwise provided by the Congress, the city of Montgomery, in +the State of Alabama, shall be the seat of government. + +4. The members of the Congress and all executive and judicial officers +of the Confederacy shall be bound by oath or affirmation to support this +Constitution; but no religious test shall be required as a qualification +to any office or public trust under this Confederacy. + + +[Transcriber's Note: Following are the constitutions of the United +States of America, and of the Confederate States of America, listed +essentially sentence by sentence, with the corresponding sentences from +each constitution. This is the listing "in parallel columns" described +earlier. Each sentence is prefixed with either USA or CSA to indicate +the source.] + +[USA] Constitution of the United States of America.[208] + +[CSA] Constitution of the Confederate States of America. + +[USA] We the People of the United States, in order to form a more +perfect Union, establish Justice, insure domestic Tranquillity, provide +for the common defence, promote the general Welfare, and secure the +Blessings of Liberty to ourselves and our Posterity, do ordain and +establish this Constitution for the United States of America. + +[CSA] We, the People of the _Confederate_ States, _each State acting in +its sovereign and independent character, in order to form a permanent +Federal Government_, establish justice, insure domestic tranquillity, +and secure the blessings of liberty to ourselves and our +posterity--_invoking the favor and guidance of Almighty God_--do ordain +and establish this Constitution for the _Confederate_ States of America. + + +[USA] ARTICLE I. + +[CSA] ARTICLE I. + +[USA] Section 1. All legislative Powers herein granted shall be vested +in a Congress of the United States, which shall consist of a Senate and +House of Representatives. + +[CSA] Section 1. All legislative powers herein _delegated_ shall be +vested in a Congress of the _Confederate_ States, which shall consist of +a Senate and House of Representatives. + +[USA] Section 2. The House of Representatives shall be composed of +Members chosen every second Year by the People of the several States, +and the Electors in each State shall have the Qualifications requisite +for Electors of the most numerous Branch of the State Legislature. + +[CSA] Section 2. The House of Representatives shall be composed of +members chosen every second year by the people of the several States; +and the electors in each State shall _be citizens of the Confederate +States_, _and_ have the qualifications requisite for electors of the +most numerous branch of the State Legislature; _but no person of foreign +birth, not a citizen of the Confederate States, shall be allowed to vote +for any officer, civil or political, State or Federal_. + +[USA] No Person shall be a Representative who shall not have attained to +the Age of twenty-five Years, and been seven Years a Citizen of the +United States, and who shall not, when elected, be an Inhabitant of that +State in which he shall be chosen. + +[CSA] No person shall be a Representative who shall not have attained +the age of twenty-five years, and _be a citizen of the Confederate_ +States, and who shall not, when elected, be an inhabitant of that State +in which he shall be chosen. + +[USA] Representatives and direct Taxes shall be apportioned among the +several States, which may be included within this Union, according to +their respective Numbers,[209] which shall be determined by adding to +the whole Number of free Persons, including those bound to Service for a +Term of Years, and excluding Indians not taxed, three-fifths of all +other Persons.[210] The actual Enumeration shall be made within three +Years after the first meeting of the Congress of the United States, and +within every subsequent Term of ten Years, in such Manner as they shall +by Law direct. The Number of Representatives shall not exceed one for +every thirty Thousand, but each State shall have at Least one +Representative; and until such enumeration shall be made, the State of +New Hampshire shall be entitled to chuse three, Massachusetts eight, +Rhode-Island and Providence Plantations one, Connecticut five, New York +six, New Jersey four, Pennsylvania eight, Delaware one, Maryland six, +Virginia ten, North Carolina five, South Carolina five, and Georgia +three. + +[CSA] Representatives and direct taxes shall be apportioned among the +several States which may be included within this _Confederacy_, +according to their respective numbers, which shall be determined by +adding to the whole number of free persons, including those bound to +service for a term of years, and excluding Indians not taxed, three +fifths of all _slaves_. The actual enumeration shall be made within +three years after the first meeting of the Congress of the _Confederate_ +States, and within every subsequent term of ten years, in such manner as +they shall be by law direct. The number of Representatives shall not +exceed one for every _fifty_ thousand, but each State shall have at +least one Representative; and until such enumeration shall be made, the +State of _South Carolina_ shall be entitled to choose _six, the State of +Georgia ten, the State of Alabama nine, the State of Florida two, the +State of Mississippi seven, the State of Louisiana six, and the State of +Texas six_. + +[USA] When vacancies happen in the Representation from any State, the +Executive Authority thereof shall issue Writs of Election to fill such +Vacancies. + +[CSA] When vacancies happen in the representation from any State, the +Executive authority thereof shall issue writs of election to fill such +vacancies. + +[USA] The House of Representatives shall chuse their Speaker and other +officers;[211] and shall have the sole Power of Impeachment. + +[CSA] The House of Representatives shall choose their Speaker and other +officers; and shall have the sole power of impeachment, _except that any +judicial or other Federal officer, resident and acting solely within the +limits of any State, may be impeached by a vote of two thirds of both +branches of the Legislature thereof_. + +[USA] Section 3. The Senate of the United States shall be composed of +two Senators from each State, chosen by the Legislature thereof, for six +Years; and each Senator shall have one Vote. + +[CSA] Section 3. The Senate of the _Confederate_ States shall be +composed of two Senators from each State, chosen for six years by the +Legislature thereof, _at the regular session next immediately preceding +the commencement of the term of service_; and each Senator shall have +one vote. + +[USA] Immediately after they shall be assembled in Consequence of the +first Election, they shall be divided as equally as may be into three +Classes. The Seats of the Senators of the first Class shall be vacated +at the Expiration of the second Year, of the second Class at the +Expiration of the fourth Year, and of the third class at the Expiration +of the sixth Year, so that one-third may be chosen every second year; +and if Vacancies happen by Resignation, or otherwise, during the Recess +of the Legislature of any State, the Executive thereof may make +temporary Appointments until the next Meeting of the Legislature, which +shall then fill such Vacancies. + +[CSA] Immediately after they shall be assembled, in consequence of the +first election, they shall be divided as equally as may be into three +classes. The seats of the Senators of the first class shall be vacated +at the expiration of the second year; of the second class at the +expiration of the fourth year; and of the third class at the expiration +of the sixth year; so that one third may be chosen every second year; +and if vacancies happen by resignation or otherwise, during the recess +of the Legislature of any State, the Executive thereof may make +temporary appointments until the next meeting of the Legislature, which +shall then fill such vacancies. + +[USA] No person shall be a Senator who shall not have attained to the +Age of thirty Years, and been nine Years a Citizen of the United States, +and who shall not, when elected, be an Inhabitant of that State for +which he shall be chosen. + +[CSA] No person shall be a Senator who shall not have attained the age +of thirty years, and _be a citizen of the Confederate_ States; and who +shall not, when elected, be an inhabitant of _the_ State for which he +shall be chosen. + +[USA] The Vice President of the United States shall be President of the +Senate, but shall have no Vote, unless they be equally divided. + +[CSA] The Vice-President of the _Confederate_ States shall be President +of the Senate, but shall have no vote unless they be equally divided. + +[USA] The Senate shall chuse their other Officers, and also a President +pro tempore, in the absence of the Vice President, or when he shall +exercise the Office of President of the United States. + +[CSA] The Senate shall choose their other officers; and also a President +_pro tempore_ in the absence of the Vice-President, or when he shall +exercise the office of President of the _Confederate_ States. + +[USA] The Senate shall have the sole Power to try all Impeachments. When +sitting for that Purpose, they shall be on Oath or Affirmation. When the +President of the United States is tried, the Chief Justice shall +preside: And no Person shall be convicted without the Concurrence of +two-thirds of the Members present. + +[CSA] The Senate shall have the sole power to try all impeachments. When +sitting for that purpose, they shall be on oath or affirmation. When the +President of the _Confederate_ States is tried, the Chief-Justice shall +preside; and no person shall be convicted without the concurrence of two +thirds of the members present. + +[USA] Judgment in Cases of Impeachment shall not extend further than to +removal from Office, and Disqualification to hold and enjoy any Office +of Honour, Trust or Profit under the United States: but the Party +convicted shall nevertheless be liable and subject to Indictment, Trial, +Judgment and Punishment, according to Law. + +[CSA] Judgment in cases of impeachment shall not extend further than to +removal from office, and disqualification to hold and enjoy any office +of honor, trust, or profit, under the _Confederate_ States; but the +party convicted shall, nevertheless, be liable and subject to +indictment, trial, judgment, and punishment according to law. + +[USA] Section 4. The Times, Places and Manner of holding Elections for +Senators and Representatives, shall be prescribed in each State by the +Legislature thereof: but the Congress may at any time by Law make or +alter such Regulations, except as to the places of chusing Senators. + +[CSA] Section 4. The times, place, and manner of holding elections for +Senators and Representatives, shall be prescribed in each State by the +Legislature thereof, _subject to the provisions of this Constitution_; +but the Congress may, at any time, by law, make or alter such +regulations, except as to the _times and_ places of choosing Senators. + +[USA] The Congress shall assemble at least once in every Year, and such +Meeting shall be on the first Monday in December, unless they shall by +Law appoint a different Day. + +[CSA] The Congress shall assemble at least once in every year; and such +meeting shall be on the first Monday in December, unless they shall, by +law, appoint a different day. + +[USA] Section 5. Each House shall be the Judge of the Elections, Returns +and Qualifications of its own Members and a Majority of each shall +constitute a Quorum to do Business; but a smaller Number may adjourn +from day to day, and may be authorized to compel the Attendance of +absent Members, in such Manner, and under such Penalties as each House +may provide. + +[CSA] Section 5. Each House shall be the judge of the elections, +returns, and qualifications of its own members, and a majority of each +shall constitute a quorum to do business; but a smaller number may +adjourn from day to day, and may be authorized to compel the attendance +of absent members, in such manner and under such penalties as each House +may provide. + +[USA] Each House may determine the Rules of its Proceedings, punish its +Members for disorderly Behaviour, and, with the Concurrence of +two-thirds, expel a Member. + +[CSA] Each House may determine the rules of its proceedings, punish its +members for disorderly behavior, and, with the concurrence of two thirds +of the whole number, expel a member. + +[USA] Each House shall keep a Journal of its Proceedings, and from time +to time publish the same, excepting such Parts as may in their Judgment +require Secrecy; and the Yeas and Nays of the Members of either House on +any question shall, at the Desire of one-fifth of those Present, be +entered on the Journal. + +[CSA] Each House shall keep a journal of its proceedings, and from time +to time publish the same, excepting such parts as may in their judgment +require secrecy; and the yeas and nays of the members of either House, +on any question, shall, at the desire of one fifth of those present, be +entered on the journal. + +[USA] Neither House, during the Session of Congress, shall, without the +Consent of the other, adjourn for more than three days, nor to any other +Place than that in which the two Houses shall be sitting. + +[CSA] Neither House, during the Session of Congress, shall, without the +consent of the other, adjourn for more than three days, nor to any other +place than that in which the two Houses shall be sitting. + +[USA] Section 6. The Senators and Representatives shall receive a +Compensation for their Services, to be ascertained by Law, and paid out +of the Treasury of the United States. They shall in all Cases, except +Treason, Felony and Breach of the Peace, be privileged from Arrest +during their Attendance at the Session of their respective Houses, and +in going to and returning from the same; and for any Speech or Debate in +either House, they shall not be questioned in any other Place. + +[CSA] Section 6. The Senators and Representatives shall receive a +compensation for their services, to be ascertained by law, and paid out +of the Treasury of the _Confederate_ States. They shall in all cases, +except treason, felony and breach of the peace, be privileged from +arrest during their attendance at the session of their respective +Houses, and in going to and returning from the same; and, for any speech +or debate in either House, they shall not be questioned in any other +place. + +[USA] No Senator or Representative shall, during the time for which he +was elected, be appointed to any civil Office under the Authority of the +United States, which shall have been created, or the Emoluments whereof +shall have been increased during such time; and no Person holding any +Office under the United States, shall be a Member of either House during +his Continuance in Office. + +[CSA] No Senator or Representative shall, during the time for which he +was elected, be appointed to any civil office under the authority of the +_Confederate_ States, which shall have been created, or the emoluments +whereof shall have been increased during such time; and no person +holding any office under the _Confederate_ States, shall be a member of +either House during his continuance in office. _But Congress may, by +law, grant to the principal officer in each of the executive departments +a seat upon the floor of either House, with the privilege of discussing +any measures appertaining to his department._ + +[USA] Section 7. All Bills for raising Revenue shall originate in the +House of Representatives; but the Senate may propose or concur with +Amendments as on other Bills. + +[CSA] Section 7. All bills for raising _the_ revenue shall originate in +the House of Representatives; but the Senate may propose or concur with +amendments, as on other bills. + +[USA] Every Bill which shall have passed the House of Representatives +and the Senate, shall, before it become a Law, be presented to the +President of the United States; If he approve he shall sign it, but if +not he shall return it, with his Objections to that House in which it +shall have originated, who shall enter the Objections at large on their +Journal, and proceed to reconsider it. If after such Reconsideration +two-thirds of that House shall agree to pass the Bill, it shall be sent, +together with the Objections, to the other House, by which it shall +likewise be reconsidered, and if approved by two-thirds of that House, +it shall become a Law. But in all such Cases the Votes of Both Houses +shall be determined by Yeas and Nays, and the Names of the Persons +voting for and against the Bill shall be entered on the Journal of each +House respectively. If any Bill shall not be returned by the President +within ten Days (Sundays excepted) after it shall have been presented to +him, the Same shall be a law, in like Manner as if he had signed it, +unless the Congress by their Adjournment prevent its Return, in which +Case it shall not be a Law. + +[CSA] Every bill which shall have passed _both Houses_, shall, before it +becomes a law, be presented to the President of the _Confederate_ +States; if he approve, he shall sign it; but if not, he shall return it, +with his objections, to that House in which it shall have originated, +who shall enter the objections at large on their journal, and proceed to +reconsider it. If, after such reconsideration, two thirds of that House +shall agree to pass the bill, it shall be sent, together with the +objections, to the other House, by which it shall likewise be +reconsidered, and, if approved by two thirds of that House, it shall +become a law. But, in all such cases, the votes of both Houses shall be +determined by yeas and nays, and the names of the persons voting for and +against the bill shall be entered on the journal of each House, +respectively. If any bill shall not be returned by the President within +ten days (Sundays excepted) after it shall have been presented to him, +the same shall be a law, in like manner as if he had signed it, unless +the Congress, by their adjournment, prevent its return; in which case it +shall not be a law. _The President may approve any appropriation and +disapprove any other appropriation in the same bill. In such case he +shall, in signing the bill, designate the appropriations disapproved; +and shall return a copy of such appropriations, with his objections, to +the House in which the bill shall have originated; and the same +proceedings shall then be had as in case of other bills disapproved by +the President._ + +[USA] Every Order, Resolution, or Vote to which the Concurrence of the +Senate and House of Representatives may be necessary (except on a +question of Adjournment) shall be presented to the President of the +United States; and before the Same shall take Effect, shall be approved +by him, or being disapproved by him, shall be repassed by two-thirds of +the Senate and House of Representatives, according to the Rules and +Limitations prescribed in the Case of a Bill. + +[CSA] Every order, resolution, or vote, to which the concurrence of +_both Houses_ may be necessary (except on a question of adjournment), +shall be presented to the President of the _Confederate_ States; and, +before the same shall take effect, shall be approved by him; or, being +disapproved, shall be repassed by two thirds of _both Houses_, according +to the rules and limitations prescribed in case of a bill. + +[USA] Section 8. The Congress shall have Power + +[CSA] Section 8. The Congress shall have power-- + +[USA] To lay and collect Taxes, Duties, Imposts and Excises, to pay the +Debts and provide for the common Defence and general Welfare of the +United States; but all Duties, Imposts and Excises shall be uniform +throughout the United States; + +[CSA] To lay and collect taxes, duties, imposts, and excises, _for +revenue necessary_ to pay the debts, provide for the common defense, +_and carry on the Government of the Confederate_ States; _but no +bounties shall be granted from the Treasury; nor shall any duties or +taxes on importations from foreign nations be laid to promote or foster +any branch of industry; and all duties, imposts, and excises shall be +uniform throughout the Confederate States_; + +[USA] To borrow Money on the credit of the United States; + +[CSA] To borrow money on the credit of the _Confederate_ States; + +[USA] To regulate Commerce with foreign Nations, and among the several +States, and with the Indian Tribes; + +[CSA] To regulate commerce with foreign nations, and among the several +States, and with the Indian tribes; _but neither this, nor any other +clause contained in the Constitution, shall ever be construed to +delegate the power to Congress to appropriate money for any internal +improvement intended to facilitate commerce; except for the purpose of +furnishing lights, beacons, and buoys, and other aid to navigation upon +the coasts, and the improvement of harbors and the removing of +obstructions in river navigation, in all which cases, such duties shall +be laid on the navigation facilitated thereby, as may be necessary to +pay the costs and expenses thereof_; + +[USA] To establish an uniform Rule of Naturalization, and uniform Laws +on the subject of Bankruptcies throughout the United States; + +[CSA] To establish uniform _laws_ of naturalization, and uniform laws on +the subject of bankruptcies, throughout the _Confederate_ States; _but +no law of Congress shall discharge any debt contracted before the +passage of the same_; + +[USA] To coin Money, regulate the Value thereof, and of foreign Coin, +and fix the Standard of Weights and Measures; + +[CSA] To coin money, regulate the value thereof, and of foreign Coin, +and fix the standard of weights and measures; + +[USA] To provide for the Punishment of counterfeiting the Securities and +current Coin of the United States; + +[CSA] To provide for the punishment of counterfeiting the securities and +current coin of the _Confederate_ States; + +[USA] To establish Post Offices and post Roads; + +[CSA] To establish post-offices and post _routes; but the expenses of +the Post-Office Department, after the first day of March, in the year of +our Lord eighteen hundred and sixty-three, shall be paid out of its own +revenue_; + +[USA] To promote the progress of Science and useful Arts, by securing +for limited Times to Authors and Inventors the exclusive Right to their +respective Writings and Discoveries; + +[CSA] To promote the progress of science and useful arts, by securing +for limited times to authors and inventors the exclusive right to their +respective writings and discoveries; + +[USA] To constitute Tribunals inferior to the supreme Court; + +[CSA] To constitute tribunals inferior to the Supreme Court; + +[USA] To define and punish Piracies and Felonies committed on the high +Seas, and Offences against the Law of Nations; + +[CSA] To define and punish piracies and felonies committed on the +high-seas, and offenses against the law of nations; + +[USA] To declare War, grant Letters of Marque and Reprisal, and make +Rules concerning Captures on Land and Water; + +[CSA] To declare war, grant letters of marque and reprisal, and make +rules concerning captures on land and on water; + +[USA] To raise and support Armies, but no Appropriation of Money to that +Use shall be for a longer Term than two Years; + +[CSA] To raise and support armies, but no appropriation of money to that +use shall be for a longer term than two years; + +[USA] To provide and maintain a Navy; + +[CSA] To provide and maintain a navy; + +[USA] To make Rules for the Government and Regulation of the land and +naval Forces; + +[CSA] To make rules for the government and regulation of the land and +naval forces; + +[USA] To provide for calling forth the Militia to execute the Laws of +the Union, suppress Insurrections and repel Invasions; + +[CSA] To provide for calling forth the militia to execute the laws of +the _Confederate_ States, suppress insurrections, and repel invasions; + +[USA] To provide for organizing, arming and disciplining, the Militia, +and for governing such Part of them as may be employed in the Service of +the United States, reserving to the States respectively, the Appointment +of the Officers, and the Authority of training the Militia according to +the Discipline prescribed by Congress; + +[CSA] To provide for organizing, arming, and disciplining the militia, +and for governing such part of them as may be employed in the service of +the _Confederate_ States, reserving to the States, respectively, the +appointment of the officers, and the authority of training the militia +according to the discipline prescribed by Congress; + +[USA] To exercise exclusive Legislation in all Cases whatsoever, over +such District (not exceeding ten Miles square) as may, by Cession of +particular States, and the Acceptance of Congress, become the Seat of +the Government of the United States, and to exercise like Authority over +all Places purchased by the Consent of the Legislature of the State in +which the Same shall be, for the Erection for Forts, Magazines, +Arsenals, Dock-Yards, and other needful Buildings;--And + +[CSA] To exercise exclusive legislation in all cases whatsoever, over +such district (not exceeding ten miles square) as may, by cession of +_one or more_ States, and the acceptance Congress, become the seat of +the Government of the _Confederate_ States, and to the exercise like +authority over all places purchased by the consent of the Legislature of +the Sate in which the same shall be, for the erection of forts, +magazines, arsenals, dock-yards, and other needful buildings; and + +[USA] To make all Laws which shall be necessary and proper for carrying +into Execution the foregoing Powers, and all other Powers vested by this +Constitution in the Government of the United Sates, or in any Department +or Officer thereof. + +[CSA] To make all laws which shall be necessary and proper for carrying +into execution the foregoing powers, and all other powers vested by this +Constitution in the Government of the _Confederate_ States, or in any +department or officer thereof. + +[USA] Section 9. The Migration or Importation of such Persons as any of +the States now existing shall think proper to admit, shall not be +prohibited by the Congress prior to the Year one thousand eight hundred +and eight, but a Tax or Duty may be imposed on such Importation, and not +exceeding ten dollars for each Person. + +[CSA] Section 9. The importation of _negroes of the African race, from +any foreign country other than the slave-holding States or Territories +of the United States of America, is hereby forbidden; and Congress is +required to pass such laws as shall effectually prevent the same._ + +[CSA] _Congress shall also have power to prohibit the introduction of +slaves from any State not a member of, or Territory not belonging to, +this Confederacy._ + +[USA] The Privilege of the Writ of Habeas Corpus shall not be suspended, +unless when in Cases of Rebellion or Invasion the public Safety may +require it. + +[CSA] The privilege of the writ of _habeas corpus_ shall not be +suspended, unless when, in cases of rebellion or invasion, the public +safety may require it. + +[USA] No Bill of Attainder or ex post facto Law shall be passed. + +[CSA] No bill of attainder, _ex post facto_ law, _or law denying or +impairing the right of property in negro slaves shall be passed_. + +[USA] No Capitation, or other direct, Tax shall be laid, unless in +Proportion to the Census or Enumeration herein before directed to be +taken. + +[CSA] No capitation or other direct tax shall be laid, unless in +proportion to the census or enumeration herein before directed to be +taken. + +[USA] No Tax or Duty shall be laid on Articles exported from any State. + +[CSA] No tax or duty shall be laid on articles exported from any State +_except by a vote of two thirds of both Houses_. + +[USA] No Preference shall be given by any Regulation of Commerce or +Revenue to the Ports of one State over those of another: nor shall +Vessels bound to, or from, one State, be obliged to enter, clear, or pay +Duties in another. + +[CSA] No preference shall be given by any regulation of commerce or +revenue to the ports of one State over those of another. + +[USA] No Money shall be drawn from the Treasury, but in Consequence of +Appropriations made by Law; and a regular Statement and Account of the +Receipts and Expenditures of all public Money shall be published from +time to time. + +[CSA] No money shall be drawn from the Treasury, but in consequence of +appropriations made by law; and a regular statement and account of the +receipts and expenditures of all public money shall be published from +time to time. + +[CSA] _Congress shall appropriate no money from the Treasury, except by +a vote of two thirds of both Houses, taken by yeas and nays, unless it +be asked and estimated for by some one of the heads of departments, and +submitted to Congress by the President; or for the purpose of paying its +own expenses and contingencies; or for the payment of claims against the +Confederate States, the justice of which shall have been judicially +declared by a tribunal for the investigation of claims against the +Government, which it is hereby made the duty of Congress to establish._ + +_All bills appropriating money shall specify, in Federal currency, the +exact amount of each appropriation, and the purposes for which it is +made; and Congress shall grant no extra compensation to any public +contractor, officer, agent, or servant, after such contract shall have +been made or such service rendered_. + +[USA] No Title of Nobility shall be granted by the United States: And no +Person holding any Office of Profit or Trust under them, shall, without +the Consent of the Congress, accept of any present, Emolument, Office, +or Title, of any kind whatever, from any King, Prince, or foreign State. + +[CSA] No title of nobility shall be granted by the _Confederate_ States; +and no person holding any office of profit or trust under them shall, +without the consent of the Congress, accept of any present, emolument, +office, or title of any kind whatever, from any king, prince, or foreign +state. + +[CSA] Congress shall make no law respecting an establishment of +religion, or prohibiting the free exercise thereof; or abridging the +freedom of speech, or of the press; or the right of the people peaceably +to assemble and petition the Government for a redress of grievances. + +[CSA] A well-regulated militia being necessary to the security of a free +state, the right of the people to keep and bear arms shall not be +infringed. + +[CSA] No soldier shall, in time of peace, be quartered in any house +without the consent of the owner; nor in time of war, but in a manner to +be prescribed by law. + +[CSA] The right of the people to be secure in their persons, houses, +papers, and effects, against unreasonable searches and seizures, shall +not be violated; and no warrants shall issue but upon probable cause, +supported by oath or affirmation, and particularly describing the place +to be searched, and the persons or things to be seized. + +[CSA] No person shall be held to answer for a capital or otherwise +infamous crime, unless on a presentment or indictment of a grand jury, +except in cases arising in the land or naval forces, or in the militia, +when in actual service in time of war or public danger; nor shall any +person be subject, for the same offense, to be twice put in jeopardy of +life or limb; nor be compelled, in any criminal case, to be a witness +against himself; nor be deprived of life, liberty, or property, without +due process of law; nor shall private property be taken for public use +without just compensation. + +[CSA] In all criminal prosecutions, the accused shall enjoy the right to +a speedy and public trial, by an impartial jury of the State and +district wherein the crime shall have been committed, which district +shall have been previously ascertained by law, and to be informed of the +nature and cause of the accusation; to be confronted with the witnesses +against him; to have compulsory process for obtaining witnesses in his +favor; and to have the assistance of counsel for his defense. + +[CSA] In suits at common law, where the value in controversy shall +exceed twenty dollars, the right of trial by jury shall be preserved; +and no fact _so_ tried by a jury shall be otherwise reexamined in any +court of the _Confederacy_, than according to the rules of the common +law. + +[CSA] Excessive bail shall not be required, nor excessive fines imposed, +nor cruel and unusual punishment inflicted. + +[CSA] _Every law, or resolution having the force of law, shall relate to +but one subject, and that shall be expressed in the title._ + +[USA] Section 10. No State shall enter into any Treaty, Alliance, or +Confederation; grant Letters of Marque and Reprisal; coin Money; emit +Bills of Credit; make any Thing but gold and silver Coin a Tender in +Payment of Debts; pass any Bill of Attainder, ex post facto Law, or Law +impairing the Obligation of Contracts, or grant any Title of Nobility. + +[CSA] Section 10. No State shall enter into any treaty, alliance, or +confederation; grant letters of marque and reprisal; coin money; make +anything but gold and silver coin a tender in payment of debts; pass any +bill of attainder, or _ex post facto_ law, or law impairing the +obligation of contracts, or grant any title of nobility. + +[USA] No State shall, without the consent of the Congress, lay any +Imposts or Duties on Imports or Exports, except what may be absolutely +necessary for executing its inspection Laws: and the net Produce of all +Duties and Imposts, laid by any State on Imports or Exports, shall be +for the Use of the Treasury of the United States; and all such Laws +shall be subject to the Revision and Controul of the Congress. + +[CSA] No State shall, without the consent of the Congress, lay any +imposts or duties on imports or exports, except what may be absolutely +necessary for executing its inspection laws; and the net produce of all +duties and imposts, laid by any State on imports or exports, shall be +for the use of the Treasury of the _Confederate_ States; and all such +laws shall be subject to the revision and control of Congress. + +[USA] No State shall, without the Consent of Congress, lay any Duty of +Tonnage, keep Troops, or Ships of War in time of Peace, enter into any +Agreement or Compact with another State, or with a foreign Power, or +engage in War, unless actually invaded, or in such imminent Danger as +will not admit of Delay. + +[CSA] No State shall, without the consent of Congress, lay any duty _on_ +tonnage, _except on sea-going vessels for the improvement of its rivers +and harbors navigated by the said vessels; but such duties shall not +conflict with any treaties of the Confederate States with foreign +nations. And any surplus revenue thus derived shall, after making such +improvement, be paid into the common Treasury; nor shall any_ State keep +troops or ships of war in time of peace, enter into any agreement of +compact with another State, or with a foreign power, or engage in war +unless actually invaded, or in such imminent danger as will not admit of +delay. _But when any river divides or flows through two or more States, +they may enter into compacts with each other to improve the navigation +thereof._ + + +[USA] ARTICLE II. + +[USA] Section 1. The executive Power shall be vested in a President of +the United States of America. He shall hold his Office during the Term +of four Years, and, together with the Vice President, chosen for the +same Term, be elected, as follows: + + +[CSA] ARTICLE II. + +[CSA] Section 1. The executive Power shall be vested in a President of +the _Confederate_ States of America. _He and the Vice-President shall +hold their offices for_ the term of _six_ years; _but the President +shall not be reeligible. The President and the Vice-President shall_ be +elected as follows: + +[USA] Each State shall appoint, in such Manner as the Legislature +thereof may direct, a Number of Electors, equal to the whole Number of +Senators and Representatives to which the State may be entitled in the +Congress: but no Senator or Representative, or Person holding an Office +of Trust or Profit under the United States, shall be appointed an +Elector. + +[CSA] Each State shall appoint, in such manner as the Legislature +thereof may direct, a number of electors, equal to the whole number of +Senators and Representatives to which the State may be entitled in the +Congress: but no Senator or Representative, or person holding an office +of trust or profit under the _Confederate_ States, shall be appointed an +elector. + +[USA] [212]The Electors shall meet in their respective States, and vote +by Ballot for two Persons, of whom one at least shall not be an +Inhabitant of the same State with themselves. And they shall make a List +of all the Persons voted for, and of the Number of Votes for each; which +List they shall sign and certify, and transmit sealed to the Seat of the +Government of the United States, directed to the President of the +Senate. The President of the Senate shall, in the Presence of the Senate +and House of Representatives, open all the Certificates, and the Votes +shall then be counted. The Person having the greatest Number of Votes +shall be the President, if such Number be a Majority of the whole Number +of Electors appointed; and if there be more than one who have such +Majority and have an equal Number of Votes, then the House of +Representatives shall immediately chuse by Ballot one of them for +President; and if no Person have a Majority, then from the five highest +on the List the said House shall in like Manner chuse the President. But +in chusing the President, the Votes shall be taken by States, the +Representation from each State having one Vote; a Quorum for this +Purpose shall consist of a Member or Members from two-thirds of the +States, and a Majority of all the States shall be necessary to a Choice. +In every Case, after the Choice of the President, the Person having the +greatest Number of Votes of the Electors shall be the Vice President. +But if there should remain two or more have equal Votes, the Senate +shall chuse from them by Ballot the Vice President. + +[CSA] The electors shall meet in their respective States and vote by +ballot for President and Vice-President, one of whom, at least, shall +not be an inhabitant of the same State with themselves; they shall name +in their ballots the person voted for as President, and in distinct +ballots the person voted for as Vice-President, and they shall make +distinct lists of all persons voted for as President, and of all persons +voted for as Vice-President and of the number of votes for each, which +list they shall sign and certify, and transmit sealed to the seat of the +Government of the _Confederate_ States, directed to the President of the +Senate. The President of the Senate shall, in the presence of the Senate +and House of Representatives, open all the certificates, and the votes +shall then be counted. The person having the greatest number of votes +for President shall be the President, if such number be a majority of +the whole number of electors appointed; and if no person have such +majority, then from the persons having the highest numbers not exceeding +three on the list of those voted for as President, the House of +Representatives shall choose immediately, by ballot, the President. But +in choosing the President, the votes shall be taken by States, the +representation from each State having one vote; a quorum for this +purpose shall consist of a member or members from two thirds of the +States, and a majority of all the States shall be necessary to a choice. +And if the House of Representatives shall not choose a President +whenever the right of choice shall devolve upon them, before the fourth +day of March next following, then the Vice-President shall act as +President, as in the case of the death or other constitutional +disability of the President. + +[CSA] The person having the greatest number of votes as Vice-President, +shall be the Vice-President, if such number be a majority of the whole +number of electors appointed; and if no person have a majority, then +from the two highest numbers on the list the Senate shall choose the +Vice-President. A quorum for the purpose shall consist of two thirds of +the whole number of Senators, and a majority of the whole number shall +be necessary to a choice. + +[CSA] But no person constitutionally ineligible to the office of +President shall be eligible to that of Vice-President of the +_Confederate_ States. + +[USA] The Congress may determine the Time of chusing the Electors, and +the Day on which they shall give their Votes; which Day shall be the +same throughout the United States. + +[CSA] The Congress may determine the time of choosing the electors, and +the day on which they shall give their votes; which day shall be the +same throughout the _Confederate_ States. + +[USA] No Person except a natural born Citizen, or a Citizen of the +United States, at the time of the Adoption of this Constitution, shall +be eligible to the Office of President; neither shall any Person be +eligible to that Office who shall not have attained to the Age of +thirty-five Years, and been fourteen Years a Resident within the United +States. + +[CSA] No person except a natural born citizen of the _Confederate_ +States, or a citizen thereof at the time of the adoption of this +Constitution, _or a citizen thereof born in the United States prior to +the 20th of December, 1860_, shall be eligible to the office of +President; neither shall any person be eligible to that office who shall +not have attained the age of thirty-five years, and been fourteen years +a resident within the _limits of the Confederate States, as they may +exist at the time of his election_. + +[USA] In Case of the Removal of the President from Office, or of his +Death, Resignation, or Inability to discharge the Powers and Duties of +the said office, the same shall devolve on the Vice President, and the +Congress may by Law provide for the Case of Removal, Death, Resignation, +or Inability, both of the President and Vice President, declaring what +Officer shall then act as President, and such Officer shall act +accordingly, until the Disability be removed, or a President shall be +elected. + +[CSA] In case of the removal of the President from office, or of his +death, resignation, or inability to discharge the powers and duties of +the said office, the same shall devolve on the Vice-President; and the +Congress may, by law, provide for the case of removal, death, +resignation, or inability, both of the President and Vice-President, +declaring what officer shall then act as President; and such officer +shall act accordingly, until the disability be removed or a President +shall be elected. + +[USA] The President shall, at stated Times, receive for his Services, a +Compensation, which shall neither be encreased nor diminished during the +Period for which he shall have been elected, and he shall not receive +within that Period any other Emolument from the United States, or any of +them. + +[CSA] The President shall, at stated times, receive for his services a +compensation, which shall neither be increased nor diminished during the +period for which he shall have been elected; and he shall not receive +within that period any other emolument from the _Confederate_ States, or +any of them. + +[USA] Before he enter on the Execution of his Office, he shall take the +following Oath or Affirmation: + +[CSA] Before he enters on the execution of his office, he shall take the +following oath or affirmation: + +[USA] "I do solemnly swear (or affirm) that I will faithfully execute +the Office of President of the United States, and will to the best of my +Ability, preserve, protect and defend the Constitution of the United +States." + +[CSA] "I do solemnly swear (or affirm) that I will faithfully execute +the office of President of the _Confederate_ States _of America_, and +will to the best of my ability, preserve, protect, and defend the +Constitution _thereof_." + +[USA] Section 2. The President shall be Commander in Chief of the Army +and Navy of the United States, and of the Militia of the several States, +when called into the actual Service of the United States; he may require +the Opinion, in writing, of the principal Officer in each of the +executive Departments, upon any Subject relating to the Duties of their +respective Offices, and he shall have Power to grant Reprieves and +Pardons for Offences against the United States, except in Cases of +Impeachment. + +[CSA] Section 2. The President shall be Commander-in-Chief of the Army +and Navy of the _Confederate_ States, and of the militia of the several +States, when called into the actual service of the _Confederate_ States; +he may require the opinion, in writing, of the principal officer in each +of the executive departments, upon any subject relating to the duties of +their respective offices, and he shall have power to grant reprieves and +pardons for offenses against the _Confederacy_, except in cases of +impeachment. + +[USA] He shall have Power, by and with the Advice and Consent of the +Senate, to make Treaties, provided two-thirds of the Senators present +concur; and he shall nominate, and by and with the Advice and Consent of +the Senate, shall appoint Ambassadors, other public Ministers and +Consuls, Judges of the supreme Court, and all other Officers of the +United States, whose Appointments are not herein otherwise provided for, +and which shall be established by Law: but the Congress may by Law vest +the Appointment of such inferior Officers, as they think proper, in the +President alone, in the Courts of Law, or in the Heads of Departments. + +[CSA] He shall have power, by and with the advice and consent of the +Senate, to make treaties, provided two thirds of the Senators present +concur; and he shall nominate, and by and with the advice and consent of +the Senate shall appoint ambassadors, other public ministers and +consuls, Judges of the Supreme Court and all other officers of the +_Confederate_ States, whose appointments are not herein otherwise +provided for, and which shall be established by law; but the Congress +may by law vest the appointment of such inferior officers, as they think +proper, in the President alone, in the courts of law, or in the heads of +departments. + +[CSA] _The principal officer in each of the executive departments, and +all persons connected with the diplomatic service, may be removed from +office at the pleasure of the President. All other civil officers of the +executive department may be removed at any time by the President, or +other appointing power, when their services are unnecessary, or for +dishonesty, incapacity, inefficiency, misconduct, or neglect of duty; +and, when so removed the removal shall be reported to the Senate, +together with the reasons therefor._ + +[USA] The President shall have Power to fill up all Vacancies that may +happen during the Recess of the Senate, by granting Commissions which +shall expire at the End of their next Session. + +[CSA] The President shall have power to fill up all vacancies that may +happen during the recess of the Senate, by granting commissions which +shall expire at the end of their next session. _But no person rejected +by the Senate shall be reappointed to the same office during their +ensuing recess._ + +[USA] Section 3. He shall from time to time give to the Congress +Information of the State of the Union, and recommend to their +Consideration such Measures as he shall judge necessary and expedient; +he may, on extraordinary Occasions, convene both Houses, or either of +them, and in Case of Disagreement between them, with Respect to the time +of Adjournment, he may adjourn them to such Time as he shall think +proper; he shall receive Ambassadors and other public Ministers; he +shall take Care that the Laws be faithfully executed, and shall +Commission all the officers of the United States. + +[CSA] Section 3. _The President_ shall from time to time give to the +Congress information of the state of the _Confederacy_, and recommend to +their consideration such measures as he shall judge necessary and +expedient: he may on extraordinary occasions convene both Houses, or +either of them; and in case of disagreement between them, with respect +to the time of adjournment, he may adjourn them to such time as he shall +think proper; he shall receive ambassadors and other public ministers; +he shall take care that the laws be faithfully executed, and shall +commission all the officers of the _Confederate_ States. + +[USA] Section 4. The President, Vice President and all civil Officers of +the United States, shall be removed from Office on Impeachment for, and +Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors. + +[CSA] Section 4. The President, Vice-President, and all civil officers +of the _Confederate_ States, shall be removed from office on impeachment +for and conviction of, treason, bribery, or other high crimes and +misdemeanors. + + +[USA] ARTICLE III. + +[CSA] ARTICLE III. + +[USA] Section 1. The Judicial Power of the United States, shall be +vested in one supreme Court, and in such inferior Courts as the Congress +may from time to time ordain and establish. The Judges, both of the +supreme and inferior Courts, shall hold their Offices during good +Behavior, and shall, at stated times, receive for their Services, a +Compensation which shall not be diminished during their Continuance in +Office. + +[CSA] Section 1. The judicial power of the _Confederate_ States shall be +vested in one Supreme Court, and in such inferior courts as the Congress +may from time to time ordain and establish. The Judges, both of the +Supreme and inferior Courts, shall hold their offices during good +behavior, and shall, at stated times, receive for their services a +compensation, which shall not be diminished during their continuance in +office. + +[USA] Section 2. The judicial Power shall extend to all Cases, in Law +and Equity, arising under this Constitution, the Laws of the United +States, and Treaties made, or which shall be made, under their +Authority;--to all Cases affecting Ambassadors, other public Ministers +and Consuls;--to all Cases of admiralty and maritime Jurisdiction;--to +Controversies to which the United States shall be a Party;--to +Controversies between two or more States;--between a State and Citizens +of another State;--between Citizens of different States,--between +Citizens of the same State claiming Lands under Grants of different +States, and between a State, or the Citizens thereof, and foreign +States, Citizens or Subjects. + +[CSA] Section 2. The judicial power shall extend to all cases arising +under this Constitution, the laws of the _Confederate_ States, and +treaties made, or which shall be made, under their authority; to all +cases affecting ambassadors, other public ministers, and consuls; to all +cases of admiralty and maritime jurisdiction; to controversies to which +the _Confederate_ States shall be a party; to controversies between two +or more States; between a State and citizens of another State, _where +the State is plaintiff_; between citizens claiming lands under grants of +different States, and between a State or the citizens thereof, and +foreign states, citizens, or subjects. _But no State shall be sued by a +citizen or subject of any foreign state._ + +[USA] In all Cases affecting Ambassadors, other public Ministers and +Consuls, and those in which a State shall be Party, the supreme Court +shall have original Jurisdiction. In all the other Cases before +mentioned, the supreme Court shall have appellate Jurisdiction, both as +to Law and Fact, with such Exceptions, and under such Regulations as the +Congress shall make. + +[CSA] In all cases affecting ambassadors, other public ministers and +consuls, and those in which a State shall be party, the Supreme Court +shall have original jurisdiction. In all the other cases before +mentioned, the Supreme Court shall have appellate jurisdiction, both as +to law and fact, with such exceptions and under such regulations as the +Congress shall make. + +[USA] The Trial of all Crimes, except in Cases of Impeachment, shall be +by Jury; and such Trial shall be held in the State where the said Crimes +shall have been committed; but when not committed with any State, the +Trial shall be at such Place or Places as the Congress may by Law have +directed. + +[CSA] The trial of all crimes, except in cases of impeachment, shall be +by jury; and such trial shall be held in the State where the said crimes +shall have been committed; but when not committed within any State the +trial shall be at such place or places as the Congress may by law have +directed. + +[USA] Section 3. Treason against the United States, shall consist only +in levying War against them, or in adhering to their Enemies, giving +them Aid and Comfort. No Person shall be convicted of Treason unless on +the Testimony of two Witnesses to the same overt Act, or on Confession +in open Court. + +[CSA] Section 3. Treason against the _Confederate_ States shall consist +only in levying war against them, or in adhering to their enemies, +giving them aid and comfort. No person shall be convicted of treason +unless on the testimony of two witnesses to the same overt act, or on +confession in open court. + +[USA] The Congress shall have Power to declare the Punishment of +Treason, but no Attainder of Treason shall work Corruption of Blood, or +Forfeiture except during the Life of the Person attainted. + +[CSA] The Congress shall have power to declare the punishment of +treason; but no attainder of treason shall work corruption of blood, or +forfeiture, except during the life of the person attainted. + + +[USA] ARTICLE IV. + +[CSA] ARTICLE IV. + +[USA] Section 1. Full Faith and Credit shall be given in each State to +the public Acts, Records, and judicial Proceedings of every other State. +And the Congress may by general Laws prescribe the Manner in which such +Acts, Records and Proceedings shall be proved, and the Effect thereof. + +[CSA] Section 1. Full faith and credit shall be given in each State to +the public acts, records, and judicial proceedings of every other State. +And the Congress may, by general laws, prescribe the manner in which +such acts, records, and proceedings shall be proved, and the effect +thereof. + +[USA] Section 2. The Citizens of each State shall be entitled to all +Privileges and Immunities of Citizens in the several States. + +[CSA] Section 2. The citizens of each State shall be entitled to all the +privileges and immunities of citizens in the several States, _and shall +have the right of transit and sojourn in any State of this Confederacy, +with their slaves and other property; and the right of property in said +slaves shall not be thereby impaired_. + +[USA] A Person charged in any State with Treason, Felony, or other +Crime, who shall flee from Justice, and be found in another State, shall +on Demand of the executive Authority of the State from which he fled, be +delivered up, to be removed to the State having Jurisdiction of the +Crime. + +[CSA] A person charged in any State with treason, felony, or other crime +_against the laws of such State_, who shall flee from justice, and be +found in another State, shall on demand of the Executive authority of +the State from which he fled, be delivered up, to be removed to the +State having jurisdiction of the crime. + +[USA] No Person held to Service or Labour in one State, under the Laws +thereof, escaping into another, shall, in Consequence of any Law or +Regulation therein, be discharged from such Service or Labour, but shall +be delivered up on Claim of the Party to whom such Service or Labour may +be done. + +[CSA] _No slave or other_ person held to service or labor _in any State +or Territory of the Confederate States_, under the laws thereof, +escaping _or lawfully carried_ into another, shall, in consequence of +any law or regulation therein, be discharged from such service or labor; +but shall be delivered up on claim of the party _to whom such slave +belongs, or_ to whom such service or labor may be due. + +[USA] Section 3. New States may be admitted by the Congress into this +Union; but no new State shall be formed or erected within the +Jurisdiction of any other State; nor any State be formed by the Junction +of two or more States, or Parts of States, without the Consent of the +Legislatures of the States concerned as well as of the Congress. + +[CSA] Section 3. _Other States may be admitted into this Confederacy by +a vote of two thirds of the whole House of Representatives and two +thirds of the Senate, the Senate voting by States_; but no new State +shall be formed or erected within the jurisdiction of any other State; +nor any State be formed by the junction of two or more States, or parts +of States, without the consent of the Legislatures of the States +concerned, as well as of the Congress. + +[USA] The Congress shall have power to dispose of and make all needful +Rules and Regulations respecting the Territory or other Property +belonging to the United States; and nothing in this Constitution shall +be so construed as to Prejudice any Claims of the United States, or of +any particular State. + +[CSA] The Congress shall have power to dispose of and make all needful +rules and regulations _concerning_ the _property of the Confederate_ +States, _including the lands thereof_. + +[CSA] _The Confederate States may acquire new territory; and Congress +shall have power to legislate and provide governments for the +inhabitants of all territory belonging to the Confederate States, lying +without the limits of the several States; and may permit them, at such +times and in such manner as it may by law provide, to form States to be +admitted into the Confederacy. In all such territory, the institution, +of negro slavery, as it now exists in the Confederate States, shall be +recognized and protected by Congress and by the territorial government; +and the inhabitants of the several Confederate States and Territories +shall have the right to take to such Territory any slaves lawfully held +by them in any of the States or Territories of the Confederate States._ + +[USA] Section 4. The United States shall guarantee to every State in +this Union a Republican Form of Government, and shall protect each of +them against Invasion, and on Application of the Legislature, or of the +Executive (when the Legislature cannot be convened) against domestic +Violence. + +[CSA] The _Confederate_ States shall guarantee to every State _that now +is, or hereafter may become, a member of this Confederacy_, a republican +form of government; and shall protect each of them against invasion; and +on application of the Legislature (or of the Executive when the +Legislature _is not in session_), against domestic violence. + + +[USA] ARTICLE V. + +[CSA] ARTICLE V. + +[USA] The Congress, whenever two-thirds of both Houses shall deem it +necessary, shall propose Amendments to this Constitution, or, on the +Application of the Legislatures of two-thirds of the several States, +shall call a Convention for proposing Amendments, which, in either Case, +shall be valid to all Intents and Purposes, as Part of this +Constitution, when ratified by the Legislatures of three-fourths of the +several States, or by Conventions in three-fourths thereof, as the one +or the other Mode of Ratification may be proposed by the Congress: +Provided that no Amendment which may be made prior to the Year one +thousand eight hundred and eight shall in any Manner affect the first +and fourth Clauses in the Ninth Section of the first Article; and that +no State, without its Consent, shall be deprived of its equal Suffrage +in the Senate. + +[CSA] _Section 1. Upon the demand of any three States, legally assembled +in their several conventions, the Congress shall summon a Convention of +all the States, to take into consideration such amendments to the +Constitution as the said States shall concur in suggesting at the time +when the said demand is made; and should any of the proposed amendments +to the Constitution be agreed on by the said Convention--voting by +States--and the same be ratified by the Legislatures of two thirds of +the several States, or by conventions in two-thirds thereof_--as the one +or the other mode of ratification may be proposed by the _general +Convention--they shall thenceforward form_ a _part of this Constitution. +But_ no State shall, without its consent, be deprived of its equal +_representation_ in the Senate. + + +[USA]ARTICLE VI. + +[CSA]ARTICLE VI. + +[USA] All Debts contracted and Engagements entered into, before the +Adoption of this Constitution, shall be as valid against the United +States under this Constitution, as under the Confederation. + +[CSA] _The Government established by this Constitution is the successor +of the Provisional Government of the Confederate States of America, and +all the laws passed by the latter shall continue in force until the same +shall be repealed or modified; and all the officers appointed by the +same shall remain in office until their successors are appointed and +qualified, or the offices abolished._ + +[CSA] All debts contracted and engagements entered into before the +adoption of this Constitution shall be as valid against the +_Confederate_ States under this Constitution as under the _Provisional +Government_. + +[USA] This Constitution, and the Laws of the United States which shall +be made in Pursuance thereof; and all Treaties made, or which shall be +made, under the authority of the United States, shall be the supreme Law +of the Land; and the Judges in every State shall be bound thereby, any +Thing in the Constitution or Laws of any State to the Contrary +notwithstanding. + +[CSA] This Constitution, and the laws of the _Confederate_ States made +in pursuance thereof, and all treaties made or which shall be made under +the authority of the _Confederate_ States, shall be the supreme law +of the land; and the Judges in every State shall be bound thereby, +anything in the Constitution or laws of any State to the contrary +notwithstanding. + +[USA] The Senators and Representatives before mentioned, and the Members +of the several State Legislatures, and all executive and judicial +Officers, both of the United States and of the several States, shall be +bound by Oath or Affirmation, to support this Constitution; but no +religious Test shall ever be required as a Qualification to any Office +or public Trust under the United States. + +[CSA] The Senators and Representatives before mentioned, and the members +of the several State Legislatures, and all executive and judicial +officers, both of the _Confederate_ States and of the several States, +shall be bound by oath or affirmation to support this Constitution; but +no religious test shall ever be required as a qualification to any +office or public trust under the _Confederate_ States. + +[CSA] The enumeration, in the Constitution, of certain rights, shall not +be construed to deny or disparage others retained by the people of _the +several States_. + +[CSA] The powers not delegated to the _Confederate_ States by the +Constitution, nor prohibited by it to the States, are reserved to the +States, respectively, or to the people _thereof_. + + +[USA] ARTICLE VII. + +[CSA] ARTICLE VII. + +[USA] The Ratification of the Conventions of nine States, shall be +sufficient for the Establishment of this Constitution between the States +so ratifying the Same. + +[CSA] The ratification of the Conventions of _five_ States shall be +sufficient for the establishment of this Constitution between the States +so ratifying the same. + +[CSA] _When five States shall have ratified this Constitution, in the +manner before specified, the Congress under the Provisional Constitution +shall prescribe the time for holding the election of President and +Vice-President, and for the meeting of the electoral college, and for +counting the votes, and inaugurating the President. They shall also +prescribe the time for holding the first election of members of Congress +under this Constitution, and the time for assembling the same. Until the +assembling of such Congress, the Congress under the Provisional +Constitution shall continue to exercise the legislative powers granted +them; not extending beyond the time limited by the Constitution of the +Provisional Government._ + + + +_Articles in Addition to, and Amendment of, the Constitution of the +United States of America. Proposed by Congress, and ratified by the +Legislatures of the several States, pursuant to the fifth article of the +original Constitution._ + + +ARTICLE I. + +Congress shall make no law respecting an establishment of religion, or +prohibiting the free exercise thereof; or abridging the freedom of +speech, or of the press; or the right of the people peaceably to +assemble, and to petition the Government for a redress of grievances. + + +ARTICLE II. + +A well regulated Militia, being necessary to the security of a free +State, the right of the people to keep and bear Arms, shall not be +infringed. + + +ARTICLE III. + +No Soldier shall, in time of peace be quartered in any house, without +the consent of the Owner, nor in time of war, but in a manner to be +prescribed by law. + + +ARTICLE IV. + +The right of the people to be secure in their persons, houses, papers, +and effects, against unreasonable searches and seizures, shall not be +violated, and no Warrants shall issue, but upon probable cause, +supported by Oath or affirmation, and particularly describing the place +to be searched, and the persons or things to be seized. + + +ARTICLE V. + +No person shall be held to answer for a capital, or otherwise infamous +crime, unless on a presentment or indictment of a Grand Jury, except in +cases arising in the land or naval forces, or in the Militia, when in +actual service in time of War or public danger; nor shall any person be +subject for the same offence to be twice put in jeopardy of life or +limb; nor shall be compelled in any Criminal Case to be a witness +against himself, nor be deprived of life, liberty, or property, without +due process of law; nor shall private property be taken for public use, +without just compensation. + + +ARTICLE VI. + +In all criminal prosecutions, the accused shall enjoy the right to a +speedy and public trial, by an impartial jury of the State and district +wherein the crime shall have been committed, which district shall have +been previously ascertained by law, and to be informed of the nature and +cause of the accusation; to be confronted with the witnesses against +him; to have Compulsory process for obtaining Witnesses in his favour, +and to have the Assistance of Counsel for his defence. + + +ARTICLE VII. + +In Suits at common law, where the value in controversy shall exceed +twenty dollars, the right of trial by jury shall be preserved, and no +fact tried by a jury shall be otherwise re-examined in any Court of the +United States, than according to the rules of the common law. + + +ARTICLE VIII. + +Excessive bail shall not be required, nor excessive fines imposed, nor +cruel and unusual punishments inflicted. + + +ARTICLE XII.[213] + +The Electors shall meet in their respective states, and vote by ballot +for President and Vice President, one of whom, at least, shall not be an +inhabitant of the same state with themselves; they shall name in their +ballots the person voted for as President, and in distinct ballots the +person voted for as Vice President, and they shall make distinct lists +of all persons voted for as President, and of all persons voted for as +Vice President, and of the number of votes for each, which lists they +shall sign and certify, and transmit sealed to the seat of the +government of the United States, directed to the President of the +Senate;--The President of the Senate shall, in presence of the Senate +and House of Representatives, open all the certificates and the votes +shall then be counted;--The person having the greatest number of votes +for President, shall be the President, if such number be a majority of +the whole number of Electors appointed; and if no person have such +majority, then from the persons having the highest numbers not exceeding +three on the list of those voted for as President, the House of +Representatives shall choose immediately, by ballot, the President. But +in choosing the President, the votes shall be taken by states, the +representation from each state having one vote; a quorum for this +purpose shall consist of a member or members from two-thirds of the +states, and a majority of all the states shall be necessary to a choice. +And if the House of Representatives shall not choose a President +whenever the right of choice shall devolve upon them, before the fourth +day of March next following, then the Vice President shall act as +President, as in the case of the death or other constitutional +disability of the President.--The person having the greatest number of +votes as Vice President, shall be the Vice President, if such number be +a majority of the whole number of Electors appointed, and if no person +have a majority, then from the two highest numbers on the list, the +Senate shall choose the Vice President; a quorum for the purpose shall +consist of two-thirds of the whole number of Senators, and a majority of +the whole number shall be necessary to a choice. But no person +constitutionally ineligible to the office of President shall be eligible +to that of Vice President of the United States. + + +[Footnote 208: This is an exact copy of the original in punctuation, +spelling, capitals, etc.] + +[Footnote 209: Under the census of 1860 one representative is allowed +for every 127,381 persons.] + +[Footnote 210: "Other persons" refers to slaves. See Amendments, Art. +XIV., Sections 1 and 2.] + +[Footnote 211: The principal of these are the clerk, sergeant-at-arms, +door-keeper, and postmaster.] + +[Footnote 212: Superseded by the twelfth amendment.] + +[Footnote 213: This article is substituted for Clause 3, Sec. I., Art. +II., page 662, and annuls it. It was declared adopted in 1804.] + + + + +APPENDIX L. + +CORRESPONDENCE BETWEEN THE CONFEDERATE COMMISSIONERS, MR. SECRETARY +SEWARD AND JUDGE CAMPBELL. + + +_The Commissioners to Mr. Seward._ + +Washington City, _March 12, 1861_. + +Hon. William H. Seward, _Secretary of State of the United States_. + +Sir: The undersigned have been duly accredited by the Government of the +Confederate States of America as commissioners to the Government of the +United States, and, in pursuance of their instructions, have now the +honor to acquaint you with that fact, and to make known, through you to +the President of the United States, the objects of their presence in +this capital. + +Seven states of the late Federal Union, having in the exercise of the +inherent right of every free people to change or reform their political +institutions, and through conventions of their people, withdrawn from +the United States and reassumed the attributes of sovereign power +delegated to it, have formed a government of their own. The Confederate +States constitute an independent nation, _de facto_ and _de jure_, and +possess a government perfect in all its parts, and endowed with all the +means of self-support. + +With a view to a speedy adjustment of all questions growing out of this +political separation, upon such terms of amity and good-will as the +respective interests, geographical contiguity, and future welfare of the +two nations may render necessary, the undersigned are instructed to make +to the Government of the United States overtures for the opening of +negotiations, assuring the Government of the United States, that the +President, Congress, and people of the Confederate States earnestly +desire a peaceful solution of these great questions; that it is neither +their interest nor their wish to make any demand which is not founded in +strictest justice, nor do any act to injure their late confederates. + +The undersigned have now the honor, in obedience to the instructions of +their Government, to request you to appoint as early a day as possible, +in order that they may present to the President of the United States the +credentials which they bear and the objects of the mission with which +they are charged. + +We are, very respectfully, your obedient servants, + +(Signed) JOHN FORSYTH. + +(Signed) MARTIN J. CRAWFORD. + + +_Memorandum._ + +Department of State, Washington, _March_ 15, 1861. + +Mr. John Forsyth, of the State of Alabama, and Mr. Martin J. Crawford, +of the State of Georgia, on the 11th inst., through the kind offices of +a distinguished Senator, submitted to the Secretary of State their +desire for an unofficial interview. This request was, on the 12th inst., +upon exclusively public considerations, respectfully declined. + +On the 13th inst., while the Secretary was preoccupied, Mr. A. D. Banks, +of Virginia, called at this department, and was received by the +Assistant Secretary, to whom he delivered a sealed communication, which +he had been charged by Messrs. Forsyth and Crawford to present to the +Secretary in person. + +In that communication Messrs. Forsyth and Crawford inform the Secretary +of State that they have been duly accredited by the Government of the +Confederate States of America as commissioners to the Government of the +United States, and they set forth the objects of their attendance at +Washington. They observe that seven States of the American Union, in the +exercise of a right inherent in every free people, have withdrawn, +through conventions of their people, from the United States, reassumed +the attributes of sovereign power, and formed a government of their own, +and that those Confederate States now constitute an independent nation, +_de facto_ and _de jure_, and possess a government perfect in all its +parts, and fully endowed with all the means of self-support. + +Messrs. Forsyth and Crawford, in their aforesaid communication, +thereupon proceeded to inform the Secretary that, with a view to a +speedy adjustment of all questions growing out of the political +separation thus assumed, upon such terms of amity and good-will as the +respective interests, geographical contiguity, and the future welfare of +the supposed two nations might render necessary, they are instructed to +make to the Government of the United States overtures for the opening of +negotiations, assuring this Government that the President, Congress, and +the people of the Confederate States earnestly desire a peaceful +solution of these great questions, and that it is neither their interest +nor their wish to make any demand which is not founded in the strictest +justice, nor do any act to injure their late confederates. + +After making these statements, Messrs. Forsyth and Crawford close their +communication, as they say, in obedience to the instructions of their +Government, by requesting the Secretary of State to appoint as early a +day as possible, in order that they may present to the President of the +United States the credentials which they bear and the objects of the +mission with which they are charged. + +The Secretary of State frankly confesses that he understands the events +which have recently occurred, and the condition of political affairs +which actually exists in the part of the Union to which his attention +has thus been directed, very differently from the aspect in which they +are presented by Messrs. Forsyth and Crawford. He sees in them, not a +rightful and accomplished revolution and an independent nation, with an +established Government, but rather a perversion of a temporary and +partisan excitement to the inconsiderate purposes of an unjustifiable +and unconstitutional aggression upon the rights and the authority vested +in the Federal Government, and hitherto benignly exercised, as from +their very nature they always must so be exercised, for the maintenance +of the Union, the preservation of liberty, and the security, peace, +welfare, happiness, and aggrandizement of the American people. The +Secretary of State, therefore, avows to Messrs. Forsyth and Crawford +that he looks patiently, but confidently, for the cure of evils which +have resulted from proceedings so unnecessary, so unwise, so unusual, +and so unnatural, not to irregular negotiations, having in view new and +untried relations with agencies unknown to and acting in derogation of +the Constitution and laws, but to regular and considerate action of the +people of those States, in cooeperation with their brethren in the other +States, through the Congress of the United States, and such +extraordinary conventions, if there shall be need thereof, as the +Federal Constitution contemplates and authorizes to be assembled. + +It is, however, the purpose of the Secretary of State, on this occasion, +not to invite or engage in any discussion of these subjects, but simply +to set forth his reasons for declining to comply with the request of +Messrs. Forsyth and Crawford. + +On the 4th of March instant, the then newly elected President of the +United States, in view of all the facts bearing on the present question, +assumed the Executive Administration of the Government, first +delivering, in accordance with an early, honored custom, an inaugural +address to the people of the United States. The Secretary of State +respectfully submits a copy of this address to Messrs. Forsyth and +Crawford. + +A simple reference to it will be sufficient to satisfy these gentlemen +that the Secretary of State, guided by the principles therein announced, +is prevented altogether from admitting or assuming that the States +referred to by them have, in law or in fact, withdrawn from the Federal +Union, or that they could do so in the manner described by Messrs. +Forsyth and Crawford, or in any other manner than with the consent and +concert of the people of the United States, to be given through a +National Convention, to be assembled in conformity with the provisions +of the Constitution of the United States. Of course, the Secretary of +State can not act upon the assumption, or in any way admit that the +so-called Confederate States constitute a foreign power, with whom +diplomatic relations ought to be established. + +Under these circumstances, the Secretary of State, whose official duties +are confined, subject to the direction of the President, to the +conducting of the foreign relations of the country, and do not at all +embrace domestic questions, or questions arising between the several +States and the Federal Government, is unable to comply with the request +of Messrs. Forsyth and Crawford, to appoint a day on which they may +present the evidences of their authority and the objects of their visit +to the President of the United States. On the contrary, he is obliged to +state to Messrs. Forsyth and Crawford that he has no authority, nor is +he at liberty, to recognize them as diplomatic agents, or hold +correspondence or other communication with them. + +Finally, the Secretary of State would observe that, although he has +supposed that he might safely and with propriety have adopted these +conclusions, without making any reference of the subject to the +Executive, yet, so strong has been his desire to practice entire +directness, and to act in a spirit of perfect respect and candor toward +Messrs. Forsyth and Crawford, and that portion of the people of the +Union in whose name they present themselves before him, that he has +cheerfully submitted this paper to the President, who coincides +generally in the views it expresses, and sanctions the Secretary's +decision declining official intercourse with Messrs. Forsyth and +Crawford. + +_April 8, 1861._ + +The foregoing memorandum was filed in this department on the 15th of +March last. A delivery of the same to Messrs. Forsyth and Crawford was +delayed, as was understood, with their consent. They have now, through +their secretary, communicated their desire for a definite disposition of +the subject. The Secretary of State therefore directs that a duly +verified copy of the paper be now delivered. + + +_The Commissioners in reply to Mr. Seward._ + +Washington, _April 9, 1861._ + +Hon. William H. Seward, _Secretary of State for the United States, +Washington:_ + +The "memorandum" dated Department of State, Washington, March 15, 1861, +with postscript under date of 8th instant, has been received through the +hands of Mr. J. T. Pickett, secretary of this commission, who, by the +instructions of the undersigned, called for it on yesterday at the +department. + +In that memorandum you correctly state the purport of the official note +addressed to you by the undersigned on the 12th ultimo. Without +repeating the contents of that note in full, it is enough to say here +that its object was to invite the Government of the United States to a +friendly consideration of the relations between the United States and +the seven States lately the Federal Union, but now separated from it by +the sovereign will of their people, growing out of the pregnant and +undeniable fact that those people have rejected the authority of the +United States, and established a government of their own. Those +relations had to be friendly or hostile. The people of the old and new +Governments, occupying contiguous territories, had to stand to each +other in the relation of good neighbors, each seeking their happiness +and pursuing their national destinies in their own way, without +interference with the other; or they had to be rival and hostile +nations. The Government of the Confederate States had no hesitation in +electing its choice in this alternative. Frankly and unreservedly, +seeking the good of the people who had intrusted them with power, in the +spirit of humanity, of the Christian civilization of the age, and of +that Americanism which regards the true welfare and happiness of the +people, the Government of the Confederate States, among its first acts, +commissioned the undersigned to approach the Government of the United +States with the olive-branch of peace, and to offer to adjust the great +questions pending between them in the only way to be justified by the +consciences and common sense of good men who had nothing but the welfare +of the people of the two confederacies at heart. + +Your Government has not chosen to meet the undersigned in the +conciliatory and peaceful spirit in which they are commissioned. +Persistently wedded to those fatal theories of construction of the +Federal Constitution always rejected by the statesmen of the South, and +adhered to by those of the Administration school, until they have +produced their natural and often predicted result of the destruction of +the Union, under which we might have continued to live happily and +gloriously together, had the spirit of the ancestry who framed the +common Constitution animated the hearts of all their sons, you now, with +a persistence untaught and uncured by the ruin which has been wrought, +refuse to recognize the great fact presented to you of a completed and +successful revolution; you close your eyes to the existence of the +Government founded upon it, and ignore the high duties of moderation and +humanity which attach to you in dealing with this great fact. Had you +met these issues with the frankness and manliness with which the +undersigned were instructed to present them to you and treat them, the +undersigned had not now the melancholy duty to return home and tell +their Government and their countrymen that their earnest and ceaseless +efforts in behalf of peace had been futile, and that the Government of +the United States meant to subjugate them by force of arms. Whatever may +be the result, impartial history will record the innocence of the +Government of the Confederate States, and place the responsibility of +the blood and mourning that may ensue upon those who have denied the +great fundamental doctrine of American liberty, that "governments derive +their just powers from the consent of the governed," and who have set +naval and land armaments in motion to subject the people of one portion +of this land to the will of another portion. That that can never be +done, while a free-*man survives in the Confederate States to wield a +weapon, the undersigned appeal to past history to prove. These military +demonstrations against the people of the seceded States are certainly +far from being in keeping and consistency with the theory of the +Secretary of State, maintained in his memorandum, that these States are +still component parts of the late American Union, as the undersigned are +not aware of any constitutional power in the President of the United +States to levy war, without the consent of Congress, upon a foreign +people, much less upon any portion of the people of the United States. + +The undersigned, like the Secretary of State, have no purpose to "invite +or engage in discussion" of the subject on which their two Governments +are so irreconcilably at variance. It is this variance that has broken +up the old Union, the disintegration of which has only begun. It is +proper, however, to advise you that it were well to dismiss the hopes +you seem to entertain that, by any of the modes indicated, the people of +the Confederate States will ever be brought to submit to the authority +of the Government of the United States. You are dealing with delusions, +too, when you seek to separate our people from our Government, and to +characterize the deliberate sovereign act of that people as a +"perversion of a temporary and partisan excitement" If you cherish these +dreams, you will be awakened from them and find them as unreal and +unsubstantial as others in which you have recently indulged. The +undersigned would omit the performance of an obvious duty, were they to +fail to make known to the Government of the United States that the +people of the Confederate States have declared their independence with a +full knowledge of all the responsibilities of that act, and with as firm +a determination to maintain it by all the means with which nature has +endowed them as that which sustained their fathers when they threw off +the authority of the British Crown. + +The undersigned clearly understand that you have declined to appoint a +day to enable them to lay the objects of the mission with which they are +charged before the President of the United States, because so to do +would be to recognize the independence and separate nationality of the +Confederate States. This is the vein of thought that pervades the +memorandum before us. The truth of history requires that it should +distinctly appear upon the record that the undersigned did not ask the +Government of the United States to recognize the independence of the +Confederate States. They only asked audience to adjust, in a spirit of +amity and peace, the new relations springing from a manifest and +accomplished revolution in the Government of the late Federal Union. +Your refusal to entertain these overtures for a peaceful solution, the +active naval and military preparations of this Government, and a formal +notice to the commanding General of the Confederate forces in the harbor +of Charleston that the President intends to provision Fort Sumter by +forcible means, if necessary, are viewed by the undersigned, and can +only be received by the world, as a declaration of war against the +Confederate States; for the President of the United States knows that +Fort Sumter can not be provisioned without the effusion of blood. The +undersigned, in behalf of their Government and people, accept the gage +of battle thus thrown down to them; and, appealing to God and the +judgment of mankind for the righteousness of their cause, the people of +the Confederate States will defend their liberties to the last, against +this flagrant and open attempt at their subjugation to sectional power. + +This communication can not be properly closed without adverting to the +date of your memorandum. The official note of the undersigned, of the +12th of March, was delivered to the Assistant Secretary of State on the +13th of that month, the gentleman who delivered it informing him that +the secretary of this commission would call at twelve o'clock, noon, on +the next day, for an answer. At the appointed hour Mr. Pickett did call, +and was informed by the Assistant Secretary of State that the +engagements of the Secretary of State had prevented him from giving the +note his attention. The Assistant Secretary of State then asked for the +address of Messrs. Crawford and Forsyth, the members of the commission +then present in this city, took note of the address on a card, and +engaged to send whatever reply might be made to their lodgings. Why this +was not done, it is proper should be here explained. The memorandum is +dated March 15th, and was not delivered until April 8th. Why was it +withheld during the intervening twenty-three days? In the postscript to +your memorandum you say it "was delayed, as was understood, with their +(Messrs. Forsyth and Crawford's) consent." This is true; but it is also +true that, on the 15th of March, Messrs. Forsyth and Crawford were +assured by a person occupying a high official position in the +Government, and who, as they believed, was speaking by authority, that +Fort Sumter would be evacuated in a very few days, and that no measure +changing the existing _status_ prejudicially to the Confederate States, +as respects Fort Pickens, was then contemplated, and these assurances +were subsequently repeated, with the addition that any contemplated +change as respects Pickens would be notified to us. On the 1st of April +we were again informed that there might be an attempt to supply Fort +Sumter with provisions, but that Governor Pickens should have previous +notice of this attempt. There was no suggestion of any reinforcement. +The undersigned did not hesitate to believe that these assurances +expressed the intentions of the Administration at the time, or at all +events of prominent members of that Administration. This delay was +assented to for the express purpose of attaining the great end of the +mission of the undersigned, to wit, a pacific solution of existing +complications. The inference deducible from the date of your memorandum, +that the undersigned had, of their own volition and without cause, +consented to this long _hiatus_ in the grave duties with which they were +charged, is therefore not consistent with a just exposition of the facts +of the case. The intervening twenty-three days were employed in active +unofficial efforts, the object of which was to smooth the path to a +pacific solution, the distinguished personage alluded to cooeperating +with the undersigned; and every step of that effort is recorded in +writing and now in the possession of the undersigned and of their +Government. It was only when all those anxious efforts for peace had +been exhausted, and it became clear that Mr. Lincoln had determined to +appeal to the sword to reduce the people of the Confederate States to +the will of the section or party whose President he is, that the +undersigned resumed the official negotiation temporarily suspended, and +sent their secretary for a reply to their official note of March 12th. + +It is proper to add that, during these twenty-three days, two gentlemen, +of official distinction as high as that of the personage hitherto +alluded to, aided the undersigned as intermediaries in these unofficial +negotiations for peace. + +The undersigned, commissioners of the Confederate States of America, +having thus made answer to all they deem material in the memorandum +filed in the department on the 15th of March last, have the honor to be + +JOHN FORSYTH, +MARTIN J. CRAWFORD, +A. B. ROMAN. + + +_Mr. Seward in reply to the Commissioners._ + +Department Of State, Washington, _April 10, 1861._ + +Messrs. Forsyth, Crawford, and Roman, having been apprised by a +memorandum, which has been delivered to them, that the Secretary of +State is not at liberty to hold official intercourse with them, will, it +is presumed, expect no notice from him of the new communication which +they have addressed to him under date of the 9th inst., beyond the +simple acknowledgment of the receipt thereof, which he hereby very +cheerfully gives. + + +_Judge Campbell to Mr. Seward._ + +Washington City, _Saturday, April 18, 1861._ + +Sir: On the 15th of March, ultimo, I left with Judge Crawford, one of +the commissioners of the Confederate States, a note in writing, to the +effect following: + +"I feel entire confidence that Fort Sumter will be evacuated in the next +ten days. And this measure is felt as imposing great responsibility on +the Administration. + +"I feel entire confidence that no measure changing the existing _status_ +prejudicially to the Southern Confederate States is at present +contemplated. + +"I feel an entire confidence that an immediate demand for an answer to +the communication of the commissioners will be productive of evil and +not of good. I do not believe that it ought, at this time, to be +pressed." + +The substance of this statement I communicated to you the same evening +by letter. Five days elapsed, and I called with a telegram from General +Beauregard, to the effect that Sumter was not evacuated, but that Major +Anderson was at work making repairs. + +The next day, after conversing with you, I communicated to Judge +Crawford in writing that the failure to evacuate Sumter was not the +result of bad faith, but was attributable to causes consistent with the +intention to fulfill the engagement, and that, as regarded Pickens, I +should have notice of any design to alter the existing _status_ there. +Mr. Justice Nelson was present at these conversations, three in number, +and I submitted to him each of my written communications to Judge +Crawford, and informed Judge Crawford that they had his (Judge Nelson's) +sanction. I gave you, on the 22d of March, a substantial copy of the +statement I had made on the 15th. + +The 30th of March arrived, and at that time a telegram came from +Governor Pickens, inquiring concerning Colonel Lamon, whose visit to +Charleston he supposed had a connection with the proposed evacuation of +Fort Sumter. I left that with you, and was to have an answer the +following Monday (1st of April). On the 1st of April I received from you +the statement in writing, "I am satisfied the Government will not +undertake to supply Fort Sumter without giving notice to Governor P." +The words "I am satisfied" were for me to use as expressive of +confidence in the remainder of the declaration. + +The proposition, as originally prepared, was, "The President _may +desire_ to supply Sumter, but will not do so," etc., and your verbal +explanation was, that you did not believe any such attempt would be +made, and that there was no design to reenforce Sumter. + +There was a departure here from the pledges of the previous month, but, +with the verbal explanation, I did not consider it a matter then to +complain of. I simply stated to you that I had that assurance +previously. + +On the 7th of April I addressed you a letter on the subject of the alarm +that the preparations by the Government had created, and asked you if +the assurances I had given were well or ill-founded. In respect to +Sumter, your reply was, "Faith as to Sumter fully kept--wait and see." +In the morning's paper I read, "An authorized messenger from President +Lincoln informed Governor Pickens and General Beauregard that provisions +will be sent to Fort Sumter--peaceably, or _otherwise by force_." This +was the 8th of April, at Charleston, the day following your last +assurance, and is the last evidence of the full faith I was invited to +_wait for_ and _see_. In the same paper I read that intercepted +dispatches disclosed the fact that Mr. Fox, who had been allowed to +visit Major Anderson, on the pledge that his purpose was pacific, +employed his opportunity to devise a plan for supplying the fort by +force, and that this plan had been adopted by the Washington Government, +and was in process of execution. My recollection of the date of Mr. +Fox's visit carries it to a day in March. I learn he is a near +connection of a member of the Cabinet. My connection with the +commissioners and yourself was superinduced by a conversation with +Justice Nelson. He informed me of your strong disposition in favor of +peace, and that you were oppressed with a demand of the commissioners of +the Confederate States for a reply to their first letter, and that you +desired to avoid it, if possible, at that time. + +I told him I might perhaps be of some service in arranging the +difficulty. I came to your office entirely at his request, and without +the knowledge of either of the commissioners. Your depression was +obvious to both Judge Nelson and myself. I was gratified at the +character of the counsels you were desirous of pursuing, and much +impressed with your observation that a civil war might be prevented by +the success of my mediation. You read a letter of Mr. Weed, to show how +irksome and responsible the withdrawal of troops from Sumter was. A +portion of my communication to Judge Crawford, on the 16th of March, was +founded upon these remarks, and the pledge to evacuate Sumter is less +forcible than the words you employed. These words were, "Before this +letter reaches you [a proposed letter by me to President Davis], Sumter +will have been evacuated." The commissioners who received those +communications conclude they have been abused and overreached. The +Montgomery Government hold the same opinion. The commissioners have +supposed that my communications were with you, and upon the [that] +hypothesis were prepared to arraign you before the country, in +connection with the President. I placed a peremptory prohibition upon +this, as being contrary to the terms of my communications with them. I +pledged myself to them to communicate information, upon what I +considered as the best authority, and they were to confide in the +ability of myself, aided by Judge Nelson, to determine upon the +credibility of my informant. + +I think no candid man, who will read over what I have written, and +considers for a moment what is going on at Sumter, but will agree that +the equivocating conduct of the Administration, as measured and +interpreted in connection with these promises, is the proximate cause of +the great calamity. + +I have a profound conviction that the telegrams of the 8th of April, of +General Beauregard, and of the 10th of April, of General Walker, the +Secretary of War, can be referred to nothing else than their belief that +there has been systematic duplicity practiced on them through me. It is +under an impressive sense of the weight of this responsibility that I +submit to you these things for your explanation. + +Very respectfully, +(Signed) JOHN A. CAMPBELL, +_Associate Justice of the Supreme Court, United States._ +Hon. William H. Seward, _Secretary of State_. + + +_Judge Campbell to Mr. Secretary Seward_. + +Washington, _April 20, 1861._ + +Sir: I inclose you a letter, corresponding very nearly with one I +addressed to you one week ago (April 13th), to which I have not had any +reply. The letter is simply one of inquiry in reference to facts +concerning which, I think, I am entitled to an explanation. I have not +adopted any opinion in reference to them which may not be modified by +explanation; nor have I affirmed in that letter, nor do I in this, any +conclusion of my own unfavorable to your integrity in the whole +transaction. All that I have said and mean to say is, that an +explanation is due from you to myself. I will not say what I shall do in +case this request is not complied with, but I am justified in saying +that I shall feel at liberty to place these letters before any person +who is entitled to ask an explanation of myself. + +Very respectfully, + +JOHN A. CAMPBELL, +_Associate Justice of the Supreme Court, United States_. +Hon. William H. Seward, _Secretary of State_. + +No reply has been made to this letter, April 24, 1861. + + + + +INDEX TO VOL. I. + + +_Abolition of African servitude_; its first public agitation, 33; + activity of the propagandists, 34; + misuse of the sacred word liberty, 34. + +_Absurdity of the construction_, attempted to be put on expressions of +the Constitution, 175; + a brief analysis, 175. + +_Accede_, discussions on the word, 136; + its former use, 137. + +Adams, James H, commissioner from South Carolina to Washington, 213. + +Adams, John, stumbled at the preamble of the Constitution, 121. + +Adams, John Quincy, his declaration of the rights of the people of the +States, 190, 191. + +_African servitude_, its aid to the Confederacy in the war, 303; + confidence of the people in the Africans, 303. + +_Agreement_, between Generals Harney and Price, at St. Louis, Missouri, +416. + +_Agricultural products, Southern_, mainly for export, 302; + a change of habits in the planters required, 302; + our success largely due to African servitude, 303; + condition of the Africans, 303; + diminished every year during the war, 505. + +_Alabama_, withdraws from the Union, 220. + +_All powers not delegated_, etc., what does it mean? 175. + +_Allegiance_, inconsistent ideas of, 182; + paramount to the Government, a monstrous view, 182; + the sovereign is the people, 182; + obligation to support a Constitution derived from the allegiance due + to the sovereign, 183; + oath to support the Constitution based on the sovereignty of the + States, 183; + the oath of military and naval officers, 183; + how false to attribute "treason" to the Southern States, 183; + an oath to support the Constitution, 183. + +_Amendment_ of the Constitution, distinct from the delegation of power, + 196. + +Anderson, Robert, commands forts in Charleston Harbor, 212; + instructions from the War Department of the United States, 212; + removes to Fort Sumter, 213; + acquaintance and past associations with the author, 216; + his protest against relieving Fort Sumter, 281; + the letter of protest, 282; + reply to the demand for evacuation, 286. + +_Annapolis, Maryland_, first meeting of the commissioners to revise + Articles of Confederation held there, 87; + how revision was effected, 88. + +_Anti-slavery and pro-slavery_, terms misleading the sympathies and +opinions of the world, 6. + +_Armories_, the chief, where located, 480. + +_Armory at Harper's Ferry_, burned by order of the United States + Government, 317; + a breach of pledges, 317; + machinery and materials largely saved, 317; + removed to Richmond, 317; + and Fayetteville, North Carolina, 317; + Armorer Ball, his skill and fate, 318. + +_Arms and ammunition_, arrangements for the purchase of, 311; + agent sent to Europe, 311; + do. sent North, 311; + letter to Admiral Semmes, 311. + +_Army officers_ choose their future place of service in disintegration + of the army, 306; + act of Confederate Congress relative to, 307. + +_Arms_ within the limits of the Confederacy in 1861, 471; + do. powder, 472; + do. arsenals, 472; + cannon-foundries, 472; + the increased supply, 476. + +_Army, Confederate_, its organization, instruction, and equipment, the + first object, 303; + provisions of the first bill of Congress, 304; + its modification for twelve months' men, 304; + fifth section of the act, 304; + system of organization, 305; + acts of Congress providing for its organization, 305; + act to establish army of Confederate States, 306; + its provisions, 306; + the army belongs to the States, and its officers return to the States + on its disintegration, 306; + provision securing rank to officers of the United States Army, 307; + the constitutional view, 307; + how observed, 307; + Generals appointed, 308; + efforts to increase the efficiency of, 384; + desire to employ the available force, 384; + organization of--early circumstances relating to it, 443; + the largest army in 1861 that of the Potomac, 443; + act of Congress relating to organization, 444; + the right to preserve for volunteers the character of State troops + surrendered by the States, 444; + efforts to comply with the law, 444; + obstruction to its execution, 444; + correspondence, 444. + +_Arrest_, threats of, against Senators withdrawing from Congress, 226. + +_Arrest and imprisonment_ of police authorities of Baltimore, 334. + +_Arsenals_, contents of, in 1861, 471; + do. in Richmond, 479. + +_Artillery_, extent of its manufacture, 473. + +_Assault on us_, The, made by the hostile descent of the fleet to + relieve Fort Sumter, 292. + +_Assertions_, of Everett and Motley examined, 130. + + +Baker, Edward, Colonel, killed at Ball's Bluff, 437. + +Ball, Armistead, master armorer at Harper's Ferry, 317; + his gallant services, 317; + his capacity and fidelity, 318. + +_Ball's Bluff_, defeat of the enemy at, 437; + losses, 437. + +_Baltimore_, manly effort of her citizens to resist the progress of the + armies of invasion, 299; + occupied by United States troops, 333; + the city disarmed, 334; + arrest and imprisonment of police commissioners by General Banks, + 334-'35; + provost-marshal appointed, 334; + search for and seizure of arms, 335; + report of a committee of the Legislature on the arrests, 335. + +Banks, Major-General, unlawful proceeding of, in Baltimore, 334. + +_Bargain, A_, can not be broken on one side, says Webster, and still + bind the other side, 167. + +Barnwell, Robert W., commissioner from South Carolina to Washington, + 213; + offered the place of Secretary of State under Provisional + Constitution, 241. + +Bartow, Colonel, killed at Manassas, 357. + +Beauregard, General P. G. T., correspondence with the Confederate + Government relative to Fort Sumter, 285, 286-287; + demands its evacuation; commands army at Manassas, 340; + orders troops from left to right at Manassas, 352; + his promotion, 359; + his statement of the defenses of Washington, 360; + report of the battle of Manassas, 368; + endorsement of the President, 369. + +Bee, General Bernard, wounded at Manassas, 357. + +Bell, John, nominated for the Presidency in 1860, 50; + offers to withdraw, 52. + +_Belmont, Missouri_, occupied by Federal troops, 403; + afterward garrisoned by Confederate troops, 403; + Grant attempts to surprise the garrison, 403; + the battle that ensued, 404. + +Benjamin, Judah P., Attorney-General under Provisional Constitution, + 242. + +"_Bible and Sharpe's rifles_," declaration of a famous preacher, 29. + +"_Bloodletting, A little more_," the letter recommending, 249. + +_Bond of Union, A_, necessary after the Declaration of Independence, + 193; + Articles of Confederation followed, 193; + how amended, 193; + difference in the new form of government from the old one, 194; + the same principle for obtaining grants of power in both, 194; + amendments made more easy, 195. + +_Border States_ promptly accede to the proposition of Virginia for a + Congress to adjust controversies, 248; + secession of the, 328. + +Bonham, General, marches to Virginia with his brigade on her secession, + 300; + commands brigade at Manassas, 353; + proposal that he shall pursue the enemy, 353. + +_Bowling Green, Kentucky_, occupied by General Johnston, 406. + +Breckinridge, John C., nominated for the Presidency in 1860, 50; + willing to withdraw, 52; + ex-Vice-President of United States, 399; + his address to the citizens of Kentucky, 399. + +Brown, John, his raid into Virginia, 41; + how viewed, 41; + report of United States Senate committee, 41. + +Brown, Mayor of Baltimore, visits with citizens President Lincoln, 332; + his report, 332. + +Buchanan, President, his views and action in 1860, 54; + his objection to withdrawing the garrison from the forts in Charleston + Harbor, 215; + opposed to the coercion of States, 216; + view of the cession of a site for a fort, 217; + hope to avert a collision, 217; + message to Congress, with letter of South Carolina commissioners, and + his answer, 218; + his alarm at the state of affairs, 265. + +Butler, Major-General B. F., occupies Baltimore with troops, 333. + + +Cabell, W. L., statement of field transportation at Manassas, 383. + +_Cabinet_ of the President under the Provisional Constitution, 241. + +_Cabinet, Mr. Lincoln's_, a transaction in, 276. + +Calhoun, John C., his death, 17; + remarks of Mr. Webster, 17; + anecdote, 17; + extract from his speech, "How to save the Union," 55. + +_California_, circumstances of its admission to the Union, 16. + +Campbell, J. A. P., letter relative to the views of the Provisional + President, 238. + +_Camp Jackson_ surrounded by General Lyon's force, 414; + massacre at, 416. + +Campbell, Judge, his statement relative to the intercourse between our + commissioners and the Federal State Department, 267, 268; + his own views, 268, 269. + +_Capon Springs_, speech of Webster at, 167. + +Cass, Lewis, his "Nicholson letter," 38; + resigns as United States Secretary of State, 214; + his reason, 214. + +_Causes_ which led the Southern States into the position they held at + the close of 1860, recapitulation of, 77. + +_Cavils, verbal_, relative to the Constitution and the Articles of + Confederation, 135, 136. + +_Centralism_, its fate in the Constitutional Convention, 161. + +_Centreville_, conflagration at, 467; + retreat from, 468. + +_Change of government_, a question that the States had the power to + decide, by virtue of the unalienable rights announced in the + Declaration of Independence, 438. + +Chandler, Z., his letter on a "little more bloodletting," 249. + +_Charleston Harbor defenses_, a subject of anxiety in the secession of + the State, 212; + Representatives in Congress call on the President, 212; + proposal to observe a peaceful military status, 212; + secret preparations for reenforcement by United States Government, + 212; + instructions to the commander, 212; + modified, 213; + commissioners sent by the State to treat for the delivery of the + forts, 213; + change of military condition in the harbor, 213; + how regarded, 213; + interview of commissioners with President, 214; + sharp correspondence, 214. + +Chesnut, James, letter on the election of Provisional President, 289. + +Clark, John B., of Missouri, letter from President Davis, 427. + +_Clause second of Article VI_ of the Constitution, adduced by the + friends of centralism, 149; + how magnified and perverted, 150. + +Clay, C. C., letter relative to certain misstatements relative to the + author, 206-208. + +Clayton, Alexander M., letter relative to the election of Provisional + President, 237. + +_Coercion of a State_, views in 1850, 55; + do. 1860, 55; + declaration of the Convention that framed the Constitution, 56; + other declarations, 56; + the idea absolutely excluded, 101; + the alternative of secession, if no such right exists, 177; + the proposition before the Convention, 177; + views of the delegates, 177; + coercion military, treated with abhorrence, 179; + the right to, repudiated, 252, 253; + language of the New York press, 253; + do. of Northern speeches, 254; + do. of Thayer, 254; + remarks of Governor Seymour, 255; + do. of Chancellor Walworth, 255; + do. of the Northern press, 256; + words of Mr. Lincoln in his inaugural, 256; + views of Southern people, 257. + +_Columbus, Kentucky_, occupation by Confederate forces, 402. + +_Commissioners_ to the United States appointed, 246; + nature of, 246; + how treated, 247; + negotiations of Judges Nelson and Campbell, 267; + statement of Judge Campbell, 268; + his views, 268; + declarations of Mr. Seward, 268; + his assurances, 269; + expectations of the commissioners and of the Confederate Government, + 269; + pledge given by Federal authorities, 270; + telegram to General Beauregard, 270; + his reply, 270; + explanations of Mr. Seward, 270; + plan to reenforce and supply Sumter, 271; + proceedings for its execution by Secretary Fox, 271; + facts presented to Mr. Seward, 273; + the point of honor, 273; + further declarations of Mr. Seward, 273; + official notification from Washington to Governor Pickens and General + Beauregard, 274; + letter to President Buchanan, 264; + their arrival, 264; + incidents, 265; + letter of Judge Crawford describing his reception, 265; + arrival of Mr. Forsyth--their letter to Mr. Seward, 266; + no answer received for twenty-seven days, 266; + a paper filed in the State Department, 266; + an oral answer, 266; + state of affairs relative to Fort Sumter, 266, 267; + their letters to General Beauregard, 277, 278; + failure of their mission, 296. + +_Commissioners from South Carolina_ to President Buchanan relative to + the delivery of the forts in Charleston Harbor, 213. + +_Community independence_, its origin and development, 116. + +_Compact, The original_, causes that blighted its fair prospects, 48; + the Articles of Confederation a compact, 135; + been denied of the Constitution, 135; + denied by Webster, 135; + cavils on the words of the Constitution compared with the Articles of + Confederation, 136; + the wood accede considered, 136; + use of the words "compact, accede, Confederacy," 137; + compact used by Gerry, Morris, Madison, Washington, Martin, and + others, 138; + in the ratification of Massachusetts, 137; + the Constitution shown to be one by its structure, 140; + provisions, 140; + representation in the Senate, etc., 140. + +_Compromise measures of 1850_, their origin, 14; + bear the impress of the sectional spirit, 14. + +_Compromise, Missouri_, how constituted, 13; + votes on, 13. + +_Confederacies_, the first local formed in New England, 115. + +_Confederacy_, the growth of, 485; + financial system of, 485; + the state of the finances in 1862, 485. + +_Confederate Government_, its instructions to General Beauregard + relative to Fort Sumter, 284; + the correspondence, 285, 286; + aid given to Missouri, 429. + +_Confederation, The old_, declares independence of each State, 86; + its articles, 86; + affairs, how managed, 87; + the first idea of reorganization, 87; + consequences, 87; + term applied to the articles, 88; + revision, how effected, 88; + how could it be superseded without secession? 100. + +_Conference of the President and generals_, after the victory at + Manassas, 352; + order to pursue the enemy, 353; + letter of the President respecting, 353; + answer from General Beauregard, 354, 355; + subjects considered, 356; + second do. of the President and generals, after the victory at + Manassas, inquiry as to what more it was practicable to do, 360; + fortifications said to exist at Washington, 360; + subsequent reports, 360; + at variance with the information then possessed, 360; + why an advance was not contemplated to south bank of Potomac, 360; + returns to Richmond to increase army, 361; + charge of preventing the pursuit, 361. + +_Congress of the Confederation_, its distinction from the United States + Congress, 26; + language of its resolution for a revision of its articles, 88; + its recommendation, 89; + instructions to the commissioners to the Constitutional Convention by + the several States, 89; + early acts of, 243; + laws of United States not inconsistent continued in force till + altered, 243; + financial officers continued in office, 243; + early steps required to be taken for a settlement with United States, + 244; + act relative to free navigation of the Mississippi River, 245; + coasting trade opened to foreign vessels, 245; + resolutions after the victory at Manassas, 383. + +_Congress, Provisional_, of seceding States assembles at Montgomery, + 220; + resolution to remove the seat of government to Richmond, 339. + +_Congress of the Confederation and that of the United States_, + difference between, 10, 11. + +_Congress, United States_, decision on first abolition petition, 5; + prohibits importation of slaves, vote on the bill, 5; + its action on the petition of Indiana Territory for the suspension of + the ordinance prohibiting slavery, 8; + report of the committee, 8; + future action on resolutions, 10; + has only delegated powers, 26; + action in the Senate in 1860-'61, 68; + action of its committee, 69; + failures of adjustment in the House, 70. + +_Connecticut_, instructions to her delegates to the Constitutional + Convention, 92; + her ratification of the Federal Constitution, 107. + +"_Constitution, The_, a covenant with hell," use of the expression, 56; + signification of the word, 88; + the seventh article, a provision for secession, 101; + not established by the people in the aggregate, nor by the States in + the aggregate, 101; + delegates were chosen by the States as States, and voted as States, + 102; + object for which they were sent, 102; + terms used then in the same sense as now, 102; + a national Government distinctly rejected, 102; + final words of the Constitution, 102; + not adopted by the people in the aggregate, 114; + the assertion a monstrous fiction, 114; + as British colonies they did not constitute one people, 114; + confused views of Judge Story, 115; + exposition of them, 115; + some facts, 115; + local confederacies, 115; + the form of the first, 115; + its existence, 115; + assertion of Edward Everett, 116; + unsustainable, 116; + his quotations, 117; + letter of General Gage to Congress in 1774, 117; + extract, 117; + a citation from the Declaration of Independence, 118; + a palpable misconception, 118; + as united States Independence was achieved, 118; + as united States they entered into a new compact, 119; + in no single instance was the action by the people in the aggregate or + as one body, 119; + facts, 119, 120; + by what authority was it ordained? 131; + denied by Webster to be a compact, 135. + +_Constitution, Confederate_, the permanent of the Confederate States, + prepared and ratified, 258; + remarks of Mr. Stephens, 258; + followed the model of the United States Constitution, 259; + some of its distinctive features, 259, 260; + term of the President's office, 259; + removals from office, 259; + admission of Cabinet officers to seats on floor of Congress, 259; + protective duties prohibited, 260; + two-thirds vote for appropriations, 260; + impeachment by State Legislature, 260; + the States make a compact for improvement of navigation, 260; + amendments obligatory by convention, 260; + provisions relative to slavery, 261; + other provisions, 261; + words of Mr. Lincoln, 262; + words of "New York Herald," 263. + +_Constitution, Provisional_, for the Confederacy, adopted, 229; + officers elected, 230. + +_Constitutional Convention_, the original, rejected the doctrine of the + coercion of a State, 56; + conclusions drawn from the instructions of the States to their + delegates, 93; + assembling of the Convention, 94; + the work takes a wider range than was contemplated, 94; + diversity of opinion among the members, 95; + Luther Martin's description of the three parties in the Convention, + 95; + the equality of the States, how adjusted, 96; + plan of government of Edmund Randolph, 96; + how the word "national" was treated, 97. + +_Constitutional questions_ involved in the position of the Southern + States, recapitulation of, 77. + +_Constitutional Union party_ of 1860, its principles, 51. + +_Constitutional Union Convention_ in 1860, its nominations and + resolutions, 60. + +_Convention_, the original idea of calling, 98; + its powers merely advisory, 103; + how its work was approved, 103. + +_Conventions, State_, representatives of sovereignty, 97. + +Cooper, Samuel, resigns in United States Army, 308; + his rank, 308; + appointment in the Confederate Army, 308. + +Count of Paris, his travesty of history, 200, 201; + libels the memory of Major Anderson, 283. + +Coxe, Tench, words relative to separate sovereignties, 128. + +Crawford, Martin J., appointed commissioner to United States, 246; + commissioner to Washington arrives, 246; + describes the incidents and his reception, 265; + other proceedings, 266. + +Crittenden, J. C., offers in the Senate a joint resolution proposing + amendments to the Constitution, 60; + how received, 60. + +Davis, Jefferson, reelected to United States Senate in 1851, 18; + subject of the compromise measures agitating Mississippi, 18; + division of opinion, 18; + the principles of the Declaration of Independence of more value than + the Union, 18; + his position and views, 19; + invited to become candidate for Governor, 19; + not accepted, 20; + active canvass, 20; + nominated again on the withdrawal of the former nominee, 20; + resigns as United States Senator, 20; + his position relative to the Union, 21; + letter to W. J. Brown, 21; + enters the Cabinet of President Pierce, 22; + charge of the Pacific Railroad survey, 23; + charge of the Capitol extension, 23; + charge of changes in the model of arms, 23; + increase of the army, 23; + its officers, 24; clerkships, 24; + anecdote of General Jesup, 24; + again elected Senator from Mississippi, 25; + no change in President Pierce's Cabinet during his term, 25; + extract from a speech in the Senate on the relation of master and + servant in a Territory, 30; + remarks in the Senate on the "Nicholson letter" of General Cass, 37; + offers a series of resolutions in United States Senate, 42; + the resolutions, 42; + discussion and vote in the Senate, 43; + position of the mover shown in extract from his speech, 44-46; + meets with the Congressional representatives and Governor of + Mississippi in consultation, 57; + his views, 57; + summoned to Washington, 58; + state of affairs there and his proceedings, 59; + extract from a speech in December, 1860, in the Senate, showing his + position, 61-68; + position and feelings at the beginning of 1861, 205; + previous life, 205; + office of Senator, 206; + in the Cabinet, 206; + letter of C. C. Clay, relative to misstatements respecting, 206; + conversation with President Buchanan relative to the forts in + Charleston Harbor, 214; + advises him to withdraw the garrison, 215; + his objections, 215; + presents rejoinder of South Carolina Commissioners to President + Buchanan in the Senate, 218; + his speech, 219; + notified of the secession of Mississippi, 220; + states the position of the State in his final address to the United + States Senate 221-224; + elected President of the Confederate States, 230; + engaged at home, 230; + disappointed, 230; + better fitted for command in the field, 230; + anecdote of W. L. Sharkey, 230; + addresses on the way to Montgomery, 231; + inaugural address, 232; + letter to President Buchanan, 264; + message to Congress on April 28th, 278, 279; + writes to Governor Letcher to sustain Baltimore, 300; + remained in the Senate after Mississippi called her convention, in + order to obtain such measures as would prevent the final step, 302; + when her ordinance was enacted the question was no longer open, and + her Senator could only retire from the United States Senate, 302; + letter of instructions to Captain Semmes, 311; + message to Congress in April, 1861, 326; + reply to the Maryland Commissioners, 333; + answer to Johnston relative to the rank of the latter, 348; + goes to the Manassas battle-field, 348; + scenes witnessed and described, 348, 349; + arrives at Beauregard's headquarters, 349; + meets General Johnston, 350; + appearance of the enemy, 350; + the field on the left, 351; + meets General Beauregard, 352; + conference with the generals after Manassas battle, 352; + subject of conference, 356; + necessity of pursuit, 356; + condition of the troops, 356; + meets the wounded, 357; + letter promoting General Beauregard, 359; + charged with preventing the pursuit at Manassas, 361; + letter to General Johnston on the subject, 362; + answer of Johnston, 363; + reference to another conference, 363; + letter to General Beauregard relative to the plea of a want of + transportation for not pursuing the enemy, 365; + endorsement on the report of General Johnston, 366; + remarks upon it, 366; + letter to Beauregard relative to his report, 366; + the objectionable point reviewed, 367; + the part of the report and objections suppressed by Congress, 367; + the report, 368; + the endorsement of the President, 369; + letter calling for information on the wants of the army, 384; + reply to the letter of the Governor of Kentucky, 390; + anxiety about affairs in Missouri, 426; + letter to John B. Clark, 427; + answer to the request of General J. E. Johnston for reenforcements, + 442; + letter to General G. W. Smith on the reorganization of the army, 445; + letter to General Beauregard, 446; + letter to General Beauregard, 447; + letter to General J. E. Johnston, 448; + letter to General J. E. Johnston on enemy's movements, 452; + letter to General G. W. Smith on movements against the enemy, 453; + letter to General J. E. Johnston on inspection of the line between + Dumfries and Fredericksburg, 454; + letter to General J. E. Johnston on Jackson's movement in the Valley, + 457; + letter to General J. E. Johnston on the order of the Secretary of War + for the troops to retire to the Valley, 460; + letter to General J. E. Johnston on the complaint of irregular action + by the Secretary of War, 461; + letter to General J. E. Johnston in answer to a letter stating that + his position was considered unsafe, 462; + letter to General J. E. Johnston on mobilizing his army, 463; + letter to General J. E. Johnston in answer to a notice that the army + was in retreat, 464; + visit to General Johnston's headquarters, 465; + reconnaissance, 466; + extract from the inaugural address in 1862, 484; + message on the employment of slaves in the army, 515. + +_Debt, Foreign_, at the close of the war, 496; + attempts to discredit the Government abroad, 497; + reference to Union bank-bonds, 497. + +_Delaware_, instructions to her delegates to the Constitutional + Convention, 93; + her words of ratification of the Federal Constitution, 104. + +_Delicate truth, A_, to be veiled, 101. + +_Democratic Convention of 1860_, disagreement, 50; + adjournment of divisions, 50; + nominations by the friends of popular sovereignty, 50; + nominations by the Conservatives, 50. + +_Democratic party_, dissensions in, 36. + +D'Wolf, James, president of a slave-trading company, anecdote of, 84. + +_Disguise with Confederate Commissioners_ thrown off on the reduction of + Sumter, 297. + +_Dissolution and secession_ from the first Union gave existence to the + present Union, 171; + the right to withdraw in either case results from the same principles, + 171. + +_Dogma, A new_, created at the Chicago Convention in 1860, 49. + +Douglas, Stephen A., on the doctrine of squatter sovereignty, 38; + nominated for the Presidency in 1860, 50; + unwilling to withdraw, 52; + his resolution in the Senate recommending evacuation of the forts, + 281; + his remarks, 281. + +_Dred Scott case_; the question, 83; + the salient points established, 84; + remarks of the Chief-Justice, 84. + + +Early, General Jubal, commands regiment at Manassas, 351; + extracts relative to the first battle of Manassas written by him, 372; + sketch of him, 372-378; + remarks on the retreat from Centreville, 468; + do. on the loss of supplies, 468. + +_Election, Presidential, of 1860_, votes and result, 53. + +Ellis, Governor, of North Carolina, reply to Mr. Lincoln's call for + troops, 412; + sketch of Governor Ellis, 413; + letter to President Buchanan restoring Forts Johnson and Caswell, 413. + +Ellsworth, Oliver, views of, on the coercion of a State, 178. + +Elzy, General, commands brigade at Manassas, 351. + +_Endorsement of the President_, on the report of the victory at + Manassas, by General Beauregard, 369. + +_Equality of the States_ a condition of the Union, 180, 181. + +_Equilibrium between the sections_ destroyed by the action of the + General Government, 32. + +_Equipments for armies_, the supply of, 478; + their manufacture, 478. + +Everett, Edward, nominated for the Vice-Presidency in 1860, 50; + his assertions relative to the Constitution, 129; + views on the sovereignty of the States, 148. + +Evans, General N. S., his force near Leesburg, 437; + fight at Ball's Bluff, 437. + +_Expedition, Naval_, to reenforce Fort Sumter, 274; + the circumstances, 274; + its arrival delayed by a storm, 274; + dissensions in Mr. Lincoln's Cabinet, 274; + impossible that he was ignorant of the communications of the + Secretary, 275; + yet the Secretary was not impeached, 275; + a transaction in the Cabinet, 275; + letter of Mr. Blair, 277; + letters of the Commissioners, 277, 278; + message of President Davis to Congress, 277; + the relief squadron, 284; + correspondence of Major Anderson, 288; + arrival of the fleet off Charleston Harbor, 289; + its failure to relieve the fort, 289; + report of Captain McGowan, 291. + + +_Fairfax Court-House_, The conference at, 445; + circumstances, 449; + questions considered at the conference, 449; + a paper relating to the conference, 450; + details respecting it, 450; + position unfavorable for defense, 452; + establishment of a battery near Acquia Creek, 452; + possibilities in the Valley of the Shenandoah, 452; + correspondence, 452; + reference to, 464. + +"_Faith as to Sumter fully kept_"--the written answer of Secretary + Seward, 273; + official notification of reenforcement served on Governor Pickens on + the same day, 274. + +_False representations_ made of us at the close of 1860, 77. + +_Federal Constitution_, how the term was freely used, 93. + +_Federal Government_, the tendency to pervert the functions delegated to + it, and to use them with sectional discrimination against the + minority, 32. + +_Federalist, The_, its use of the word "sovereign" as applied to the + States, 144. + +"_Fighting in the Union_," what was meant by it, 225. + +_Financial system of The Confederacy_ adopted from necessity, 485; + its operation during eighteen months, 485; + issue of notes and bonds, 486, 487; + efforts to fund Treasury notes, 487; + provisions of Congress relative to, 488; + measure to reduce the currency, 489; + a review of the financial legislation, 489; + a war-tax, 490; + internal taxation a partial failure, 490; + compulsory reduction of the currency, 491; + its success, 492; + financial condition of the Government at its close, 492; + amount of the public debt, 493; + taxation, 493. + +"_Firing on the flag_," the disingenuous rant of demagogues, 292. + +"_Flaunting lie, A_," the compact of Union, 326. + +_Florida_ withdraws from the Union, 220. + +Floyd, General John B., resigns as United States Secretary of War, 214; + his reason, 214; + advances to the support of General Wise, 433; + his skirmishes with the enemy, 433; + defeats them, 435; + assailed by General Rosecrans, 433; + Rosecrans falls back, 433. + +Foote, Samuel A., states the true issue relative to the admission of + Missouri to the Union, 12. + +_Foreign relations_, efforts at recognition, 469; + seizure of our commissioners on board the Trent, 469; + indignation in England, 469; + their restoration, 469. + +Forsyth, John, appointed commissioner to United States, 246. + +_Forts and arsenals_, course of United States Government relative to, + 281; + resolution, 202; + do. taken possession of by the Southern States, 202; + assertion made that the absence of troops was the result of collusion, + 202; + this absence was the ordinary condition of peace, 203; + as defenseless now as in 1861, 203; + some exceptions, 203; + the situation long maintained at Pensacola Bay, 203; + conditional cession to United States, 209; + condition of the cession of Massachusetts, 209; + do. of New York, 209; + do. of South Carolina, 210; + stipulations made by Virginia in ceding the ground for Fortress + Monroe, 210; + act of cession, 211. + +Fox, G. V., his plan to reenforce and furnish supplies to Fort Sumter, + 271; + describes the details, 271. + +_Framework of the Government_, how constructed, 97. + +Franklin, Benjamin, his use of the word "sovereignties" as applied to + the States, 144. + +_Freedom_ and _slavery_, terms misleading the opinions and sympathies of + the world, 6. + +Fremont, General John C., his confiscation proclamation in Missouri, + 430. + +Frost, General D.M., commands militia at Camp Jackson, 415; + surrenders to Captain Lyon, 415; + efforts for release, 415; + his letter to General Harney, 415, 416. + +_Fugitives_, law for the rendition of, occasion of its passage, 16; + tended to lead other States to believe they might evade their + constitutional obligations, 16; + action of the States which had passed personal liberty laws, 16; + the rendition of, not the proper subject for the legislation of + Congress, 81; + how it was in early times, 82. + + +Garnett, General Robert, killed at Rich Mountain, 338; + biographical notice, 338. + +_General Government_, its claim of a right to judge of the extent of its + own authority, 191. + +_Georgia_, efforts to prohibit importation of slaves, 4; + instructions to her deputies to the Constitutional Convention, 91; + her ratification of the Federal Constitution, 106; + withdraws from the Union, 220. + +Gerry, Elbridge, objects to the provision for nine States to ratify, as + a virtual dissolution of the Union, 100; + his use of the word "compact," 137. + +Gorgas, General, appointed chief of ordnance, 310; + states the growth of his department, 481; + statement relative to the charge against Secretary of War Floyd, 482. + +_Government, The United States_, exalted above the States which created + it, 127; + no such unit as United States ever mentioned, 127; + instances, 127; + words of Tench Coxe, 128; + forgotten misconceptions revived by Daniel Webster, 128; + his assertions in debate, 128; + specimen of views of sectionists, 129; + assertion of Edward Everett, 129; + do. of J. L. Motley, 129; + most remarkable of these assertions, 130; + Constitution mentions the States as States seventy times, 130; + what authority ordained and established the Constitution, 131; + statements of Everett and Motley, 131; + question of Story and its answer, 132; + views of Madison on the nature of the ratification, 133; + legislation can not alter a fact, 134; + its treatment of citizens of Kentucky, 398; + not supreme, but subject to the Constitution and laws, 151; + accepted of sites for forts on the conditions prescribed by the State, + 211; + confounded with the oath to support the Constitution, 151. + +_Government, Confederate_, seat of, removed to Richmond, 340; + reasons for the removal, 340. + +_Governments_ only agents of the sovereign, 142; + responsible to it, and subject to its control, 154. + +Grant, General, attempts to capture the garrison at Belmont, 403; + his defeat, 404; + became willing to exchange prisoners, 405. + +_Grants to the Federal Government_, not surrenders, says Hamilton, but + delegations of power, 163. + +_Great Britain_, charge preferred against the Government of, in the + Declaration of Independence, 82. + +Green, James S., offers a resolution in the United States Senate + relative to preserving peace between the States, 61. + +_Grievance_, the intolerable, 83. + + +Hamilton, Alexander, his use of the word "sovereignty" as applied to the + States, 144; + on the supremacy of the Constitution, 150; + on a confederated republic, 162; + extract from "The Federalist," 162; + further views, 162; + his views on the coercion of a State, 178; + on the omission of a State to appoint Senators, 179. + +Harney, Major-General, removed from command in Missouri, 421. + +_Harper's Ferry_, burned and evacuated, 328; + President Lincoln expresses his approbation, 328; + destruction caused, 329; + an important, position for military and political considerations, 340; + its occupation needful for the removal of machinery, 341. + +Harris, Governor of Tennessee, reply to Mr. Lincoln's call for troops, + 413. + +Harrison, William Henry, Governor of Indiana Territory, 8; + letter to Congress with resolutions requesting the suspension of the + ordinance prohibiting slavery, 9. + +_Hartford Convention_, proceedings relative to a dissolution of the + Union, 74. + +Hayne, I. W., Commissioner from South Carolina to Washington, 219. + +_Hemp, bales of_, used for a breastwork, 430. + +Henry, Patrick, asks what right had they to say, "We the people," 121; + his objection to "one people," 174. + +Hicks, Governor of Maryland, his declarations, 331; + his proclamation, 331. + +Hill, Colonel A. P., orders the affair near Romney, 343; + sketch of, 344. + +Hill, Colonel D. H., afterward lieutenant-general, 342; + report of the combat at Bethel Church, 342. + +_Honor of the United States Government_, how maintained relative to the + forts in Charleston Harbor, 217; + a point easy to concede, 217. + +_Hope of reconciliation_, the last expires, 250. + +_Hostile expedition_, the, made the reduction of Sumter necessary before + it should be reenforced, 297. + +Howard, Charles, arrest and imprisonment by General Banks, 335. + +Huger, General, commands a force at Norfolk, 340. + +Hurlburt, a captive prisoner, 361; + his career, 361. + +Huse, Major Caleb, sent to Europe for the purchase of munitions of war, + 311; + our agent in Europe, 482; + his letter relative to the shipment of supplies, 482. + + +_Immigration_, causes which combined for its direction to the Northern + States, 32. + +_Inaction of the Army of the Potomac_, the President alleged to be + responsible for it, 449; + the question for consideration at the Fairfax conference, 449; + a paper relative to the conference, 450; + proceedings at the Conference, 451, 452; + correspondence, 452, 453; + application of General Jackson, 454; + correspondence relative to, 455, 456; + further correspondence, 457, etc. + +_Inaugural address_ of the author as President of the Confederate + States, 232. + +_Incendiaries_, trained in scenes of Kansas strife, 31. + +_Independence_ of North Carolina and Rhode Island while not members of + the Union, 112; + relations between them and the United States, 112; + letter from the Governor of Rhode Island, 112. + +_Indiana Territory_, petitions for the suspension of the Ordinance of + 1787, + prohibiting slavery, 8; + action on the petitions, 8; + subsequent action and resolutions, 9. + +_Insurrection, An_, was it? 325. + +_Introduction_, The, 1. + +_Irrepressible conflict_, how the declaration of, arose, 34. + +"_Is thy servant a dog?_" its use in the United States Senate, 34. + +_Invasions of States_, no right in the Federal government to, 411; + words of the Constitution, 411; + deemed a high crime, 411; + response of Governors to President Lincoln's call for troops, 411. + +_Invention_ exhausted itself in the creation of imaginary "cabals," + "conspiracies," and "intrigues," 200; + examples, 209. + + +Jackson, General T. J., skill and daring in checking the enemy's forces + in June, 1861, 344; + character, 454; + letter proposing a movement into the Shenandoah Valley, 455; + letter of the President, 457. + +Jackson, Governor of Missouri, reply to Mr. Lincoln's call for troops, + 412; + issues a call for fifty thousand volunteers, 421; + words of the Governor, 421; + his efforts to preserve the peace, 422; + his declarations, 422; + demands of the Federal officers, 422; + his march, 459; + its results, 459. + +_Jersey Plan, The_, States rights, and opposed to national, as proposed + in the Federal Constitutional Convention, 105; + arguments for it, 106. + +Johnston, General Albert Sidney, resigns in United States Army, 308; + rank, 308; + appointment in Confederate Army, 309; + his early career, 405; + resigns in United States army, 406; + assigned to the command of the Confederate Department of the West, + 406; + destitution at Nashville, 406; + his movements, 406; + his military positions, 406; + takes command at Bowling Green, 406; + his force, 407; + force of the enemy, 407; + efforts to procure arms and men, 407; + letter to the Governor of Alabama, 407; + letter to the Governor of Georgia, 407; + telegram to Richmond, 407; + answer of the Secretary of War, 407; + aid from the Governor and Legislature of Tennessee, 408; + measures taken to concentrate and recruit his forces, 408; + the result, 408; + resolves on a levy _en masse_, 409; + letters to the Governors of States, 409; + reenforced from Virginia, 410. + +Johnson, Herschel V., nominated for the Vice-Presidency in 1860, 50. + +Johnston, General Joseph E., commands army near Harper's Ferry, 340; + desires to retire, 341; + official letter addressed to him, 341; + apparent effort of the enemy to detain him in the Valley of the + Shenandoah, 344; + his junction with Beauregard becomes necessary, 344; + extract from official letter, 345; + urged to join General Beauregard, 345; + correspondence lost, 346; + telegram sent to, by General Cooper, 346; + confidence reposed in him, 346; + the meaning of an order, 347; + the junction made with marked skill, 347; + answer to telegram to join Beauregard, 347; + his telegram asking his position relative to Beauregard, 348; + answer, 348; + his rank in the Confederate Army, 348; + letter relative to obstacles to the pursuit of the enemy at Manassas, + 363; + his report, and the endorsement put on it by the President, 366; + remonstrates against the movement of General Jackson in the valley, + 454; + letter, 456; + reconnaissance, 465. + +Johnson, John M., chairman of committee of Kentucky Senate on military + occupation, 393; + letter to General Polk, 393. + +Jordan, Colonel Thomas, letter respecting the pursuit of the enemy after + battle at Manassas, 354; + his order, 355. + +_Judiciary, The Federal_, views of Marshall on the power of, 166. + +_Justification, A_, efforts of President Lincoln to make out his, 322; + words of his message, 322; + his question, 322; + its answer very plain, 322; + his supposed answer, 322; + nothing more erroneous than such views, 323; + the beginning and end of all the powers of government are to be found + in the instrument of delegation, 323; + for what purpose must he call out the war power? 324; + his blockade proclamation, 324; + its scheme, 324; + how based, 324; + its assumption of an insurrection, 325; + was it an insurrection? 325. + + +Kane, Police Marshal, arrested and imprisoned at Baltimore, 334. + +_Kansas and Nebraska Bill_, some facts connected with it, 26; + declaration of 1850, 26; + its discussion, 27; + proceedings relative to, 28; + not inspired by President Pierce's Cabinet, 28; + true intent and meaning of the act, 28; + its terms, 29. + +_Kansas_ Territory, its organization, 26. + +Kenner, Duncan F., letter on the election of Provisional President, 238. + +_Kentucky_, the principles announced by her, 385; + resolutions, 385; + her position in the conflict, 386; + the question of neutrality, 386; + how could it be maintained, 386; + correspondence between Governor Magoffin and President Lincoln, 387; + correspondence with President Davis, 389, 390; + advance of General Polk, 391; + the occasion of it, 390; + correspondence between General Polk and the authorities of Kentucky, + 392; + resolutions of the Legislature relative to the occupation of points in + the State by troops, 392; + treatment of her citizens by United States Government, 398. + +King, Rufus, on the danger to the Union, 186. + + +Lamon, Colonel, application to visit Fort Sumter, 272. + +Lane, Joseph, nominated for the Vice-Presidency in 1860, 50; + Senator from Oregon, some remarks relative to affairs, 250. + +_Language of the Northern press_, on the right to coerce a State, + 253-256; + language of Northern speeches, on resistance to an attempt to coerce a + State, 254. + +_Laurel Hill_, West Virginia, the conflict at, 338. + +Lay, Colonel, reminiscences of the battle of Manassas, 381, 382. + +Lee, Robert E., resigns in the United States Army, 308; + rank, 308; + appointment in the Confederate Army, 309; + appointed commander-in-chief of the military forces of Virginia, 328; + commands the Army of Virginia, 340; + remarks, 340; + goes to western Virginia, 434; + his movements, 434; + the bad season, 434; + decides to attack the encampment of the enemy, 434; + the instructions, 435; + refrains from the attack, 435; + cause, 435; + moves to the support of Wise and Floyd, 436; + the enemy withdraws, 436; + Lee returns to Richmond, 436; + sent to South Carolina, 437. + +_Leesburg_, movement of the enemy to cross the Potomac near, 437. + +Letcher, Governor, reply to Mr. Lincoln's call for troops, 412. + +"_Let the Union slide_," origin of the expression, 56. + +_Lexington, Missouri_, the battle at, 430; + surrender of the enemy, 431. + +_Liberty_, misuse of the word by abolitionists, 34. + +Lincoln, President, his language relative to coercion, 256; + approves the plan of Fox to reenforce Sumter, 272; + issues his proclamation introducing the farce of combinations, 297; + no power to declare war, 298; + section 4, Article IV, of the Constitution, 298; + no justification for the invasion of a State, 298; + a palpable violation of the Constitution, 298; + his effort to justify himself before the world for attacking us, 322; + expresses his approbation at the burning of Harper's Ferry, 329; + his explanation of his policy, 329; + letter relative to the passage of troops through Baltimore, 332; + reply to the letter of the Governor of Kentucky, 388; + calls on the Governors of States for troops, 412; + their answers, 412. + +_Louisiana Territory_, its purchase one of +the earliest occasions for the manifestation +of sectional jealousy, 12; withdraws +from the Union, 220. + +Loring, General, commands at Valley Mountain, Virginia, 434. + +Lyons, General, begins hostilities in Missouri, 415; + announces the intention of the Administration to reduce Missouri to + the exact condition of Maryland, 423; + killed at Springfield, 429; + disposal of his body, 430. + + +Madison, James, asks on what principle the old Confederation can be + superseded, 100; + his answer, 100; + says the parties to the Constitution are the people as composing + thirteen sovereignties, 122; + views on the nature of the ratification of the Constitution, 133; + his use of the word "compact" as applied to the Constitution, 138; + his use of the word "sovereignties" as applied to the States, 144; + on the supremacy of the Constitution, 150; + his interpretation of the fundamental principles of the Constitution, + 164; + his argument to show that the great principles of the Constitution are + an expansion of the principles in the Articles of Confederation, 171; + his view of "one people," 174; + on the coercion of a State, 177; + on the danger to the perpetuity of the Union, 185. + +Magoffin, B., Governor of Kentucky, 287; + letter to President Lincoln, 287; + letter to President Davis, 389; + reply to Mr. Lincoln's call for troops, 412. + +Magruder, General, commands the force on the Peninsula, 340. + +Mallory, S. B., Secretary of State under Provisional Constitution, 242; + Secretary of Confederate Navy, 314; + his experience, 314. + +_Manassas_, first battle at, 348; + appearance of the field, 348; + condition of our forces afterward, 356; + evidences of the rout of the enemy, 356; + cost of the victory, 356; + dispersion of our troops after the battle, 357; + reasons why it was an extraordinary victory, 358; + nature of the field, 358; + the line of the retreating foe followed, 359; + articles abandoned, 359; + the spoils gathered, 360; + strength of the two armies, 371; + amount of field transportation, 383; + dissatisfaction that followed the victory, 442; + unjust criticisms, 442; + their effect on the Government, 442. + +_Manufacturing industry_, more extensive than ever, 505. + +Marshall, John, on the powers of the States, 165; + on the power of the Federal judiciary, 166. + +Martin, Luther, his use of the word "compact" as applied to the + Constitution, 138. + +_Maryland_, instructions to her delegates to the Constitutional + Convention, 92; + her ratification of the Federal Constitution, 108; + refused to be bound by the Articles of Confederation, 126; + first to be invaded, 330; + warning to all the slaveholding States, 330; + views of Governor Hicks, 330; + a commissioner from Mississippi, 330; + declarations of Governor Hicks, 331; + Baltimore resists the passage of troops, 332; + efforts of the police and Governor, 332; + letter of President Lincoln, 332; + visit of the Mayor of Baltimore, 332; + his report, 332; + Legislature appoints commissioners to the Confederate Government, 333; + also to Washington, 333; + reply of President Davis, 333; + Baltimore occupied by United States troops, 333; + the city disarmed, 334; + authorities arrested and imprisoned, 334; + arrest of members of the Legislature, 336; + imprisonment, 336; + Governor Hicks's final message, 336; + her story sad to the last degree, 337; + how relieved, 337; + the Maryland line of the Revolution, 337; + tender ministrations of her daughters to the wounded, 337. + +Mason, George, views on the coercion of a State, 177. + +Mason and Slidell, Messrs., sent as Commissioners to Europe, 469; + seized on their passage by Captain Wilkes, United States Navy, 469; + their treatment and restoration, 470. + +_Massachusetts_, threats of a dissolution of the Union in 1844-'45, 76; + instructions to her delegates to the Constitutional Convention, 92; + tenacious of her State independence, 107; + action on the ratification of the Federal Constitution, 107; + her terms of ratification, 139; + her use of the word "compact," as applied to the Constitution, 139; + use of the word "sovereign," as applied to the State, 143; + on the reserved powers of the States, 146; + resolutions of her Legislature express perhaps too decided a doctrine + of nullification, 190; + terms of cession of land for forts and navy-yard to the United States, + 209. + +McClellan, Major-General George B., commands force in Western Virginia, + 338; + commands enemy's forces at Rich Mountain and Laurel Hill, 338. + +McDowell, General, moves to attack General Beauregard, 344. + +_Medicines_, declared by the enemy contraband of war, 310; + substitutes sought from the forest, 310. + +Memminger, C. G., Secretary of the Treasury under the Provisional + Constitution, 242. + +_Michigan_, action of her Senators relative to the Peace Congress, 248, + 249; + the "bloodletting" letter, 249. + +Miles, W. Porcher, letter on the election of Provisional President, 240. + +_Military organizations, quasi_, in the North in 1860, 55. + +_Military service_, laws relating to, 506; + a constitutional question raised, 506; + its discussion at length, 506. + +_Mississippi_, agitated by compromise measures of 1850, 18; + diversity of views, 18; + Governor calls special session of the Legislature after the + Presidential election in 1860, 57; + its Senators and Representatives in Congress convened for + consultation, 57; + views of the author, 57, 58; + letter of O. R. Singleton on the consultation, 58; + withdraws from the Union, 220; + State Convention makes provision for a State army, 228; + appoints the author major-general, and other officers, 228; + State divided into districts, and troops apportioned, 228; + destitution of arms showed the absence of expectation of war, 228. + +_Mississippi River_, misrepresentations relative to the free navigation + of, 244; + act of Congress relative to, 245. + +_Mississippi Union Bank_ bonds, the facts in relation to them, 497. + +_Missouri Compromise_, without Constitutional authority, 11. + +_Missouri_, controversy relative to the admission of, to the Union, 12; + its origin, 12; + history of the excitement occasioned, 12; + its result, 12; + true issue stated by Samuel A. Foote, 12; + the compromise, how constituted, 13; + votes on, 13; + line obliterated in 1850, 14; + its effect, 14, 15; + resistance to its admission as a State, owing merely to political + motives, 33; + the issue of subjugation presented to her, 403; + her condition similar to that of Kentucky, 414; + hostilities instituted by Captain Lyon, 414; + Camp Jackson surrounded, 414; + its surrender, 415; + imprisonment of General Frost, 415; + efforts to restore order, 416; + agreement between Generals Price and Harney, 416; + signification of the agreement between Generals Harney and Price, 417; + favorable prospect of peace in the State, 418; + misrepresentations by a cabal, 418; + an incident, 418; + General Harney removed, 419; + arms removed from the United States Arsenal to St. Louis, 419; + houses of citizens searched for arms, 419; + the excitement in the State, 420; + General Jackson an object of special persecution, 420; + activity of Lieutenant-Governor Reynolds, 420; + position of the State in 1860, 420; + interference of unauthorized parties, 420; + the volunteers attacked at Booneville by General Lyon and United + States troops, 424; + a party of the enemy routed, 424; + General Price moves to southwestern part of the State, 424; + the patriot army of Missouri, 425; + rout of the enemy at Carthage, 425; + anxiety about affairs in Missouri, 426; + General Price's efforts, 427, 428; + complaints and embarrassments in, 427; + correspondence with John B. Clark, 427; + destitution of arms, 428; + Missourians at Vicksburg, 428; + aid from Confederate States, 429; + battle at Springfield, 429; + action of General Fremont, 430; + conflict at Lexington, 430; + asserts her right to exercise supreme control over her domestic + affairs, 421; + proceedings in, 421; + attack of Kansas troops, 431; + put to flight, 431; + increase of the force of the enemy, 432; + General Price retires, 432; + evidence that the ordinance of secession was the expression of the + popular will of Missouri, 432. + +_Misrepresentations_, inspired by a cabal in St. Louis, 418. + +Monroe, Judge, citizen of Kentucky, his treatment by the Government of + the United States, 398. + +Moore, Surgeon L. P., appointed Surgeon-general, 310. + +Morris, Gouverneur, his use of the word "compact," 137; + his remarkable propositions in the Convention, and their fate, 159, + 160. + +Motley, John L., his assertions relative to the Constitution, 129; + his declaration relative to the words "sovereign" and "sovereignty," + 143; + views on the second clause of the sixth article, 150. + +_Munitions of war_, preparations to provide them, 316; + prompt measures to supply niter, saltpeter, charcoal, 316. + +Myers, Lieutenant-Colonel A. C., appointed quartermaster-general, 310. + +"_National_," how the word was treated in the Convention that framed the + Constitution, 97. + +_Nationalism_, its fate in the Constitutional Convention, 161. + +_Naval officers, Southern_, view of their position, 313; + returned all vessels to the North, 314. + +_Naval vessels_, instructions to Captain Semmes to seek for, 313; + views relative to Southern naval officers, 313; + officer sent to England, 314. + +Nelson, Judge, cooeperates between the Commissioners and the Federal + authorities, 267; + his own views, 267. + +_Neutrality_, the position assumed by Kentucky, 386. + +_Neutrality of Kentucky_ not respected by United States Government, 397; + historical statement, 398. + +_New Hampshire_, instructions to her deputies to the Constitutional + Convention, 92; + her ratification of the Federal Constitution, 108; + use of the word "compact" as applied to the Constitution, 134; + use of the word "sovereign" as applied to the State, 143; + on the reserved powers of the States, 147. + +_New Jersey_, instructions to her delegates to the Constitutional + Convention, 90; + her ratification of the Federal Constitution, 106. + +_New States_, practice of the Government relative to the admission of, + 38; + the usual process of transition, 39; + question of sovereignty, 39; + Territorial Legislatures the agents of Congress, 40. + +_New York_, instructions to her delegates to the Constitutional + Convention, 92; + how the ratification was secured, 109; + a declaration of principles, 110; + her declaration on the reserved powers of the States, 147; + conditions upon which the land for Brooklyn Navy Yard was ceded to the + United States, 209; + nine States to ratify, reason for the adoption of this number, 98; + why referred to State Conventions, 99; + a dissolution of the Union, 100; + the right of, to form a government for themselves under the seventh + article of the Constitution, 101; + a refutation of the assertion that the Constitution was formed by the + people in the aggregate, 101. + +_Niter and Mining Bureau_, organized, 477; + its operation, 477. + +_North, The_, the cause of undue caution, 314. + +_North Carolina_, instructions to her commissioners to the + Constitutional Convention, 90; + her declaration on the reserved powers of the States, 147. + +_Northern States_, at the last moment, refuse to make any concessions, + or offer any guarantees to check the current toward secession of the + complaining States, 438; + responsible for whatever of bloodshed, of devastation, or shock to + republican government has resulted from the war, 439. + +Northrop, Colonel L. B., placed at the head of the subsistence + department, 303; + his experience and capacity, 303; + rank, 310; + his efforts to provide for present and future supplies, 315; + lack of transportation, 315. + +_Nullification_ and _secession_, distinction between, 184. + + +_Oath_ required by the Constitution, some took it and made use of the + powers and opportunities of the offices held under its sanctions to + nullify its obligations, 81. + +_Object of the war_, our subjugation by the North, 321. + +_Obstacles_ to the formation of a more perfect Union, 31. + +"_On to Richmond_," changed at Manassas to "off to Washington," 351. + +_Order of pursuit_, after the victory at Manassas, details of, 353, 354; + not sent, 355; + another order sent, 355. + +_Ordinance of Virginia_ in 1787, its articles, 7; + urged as a precedent in support of the claim of a power in Congress to + determine the question of the admission of slaves into the + Territories, 10; + its validity examined, 10, 11. + +Orr, James L., Commissioner from South Carolina to Washington, 213. +_Pandora's box_, the opening of, 15. + +_Paradoxical theories_, relative to sovereignty in the United States, + 142; + no government is sovereign, 142. + +_Patriot army of_ Missouri, description of, 425. + +Patterson, William, arguments for the Jersey plan in the Constitutional + Convention, 206. + +Patterson, Major-General, commands force at Chambersburg, Pennsylvania, + 337; + its object, 338. + +_Pause, A_, to consider the attitude of the parties to the contest, and + the grounds on which they stand, 289. + +_Peace Congress_, it assembles, 248; + States represented, 248; + its officers and proceedings, 249; + the plan proposed, 250; + how treated by the majority, 250; + the failure of, 296. + +Pegram, Colonel, second in command at Rich Mountain, 338. + +Pendleton, Captain W. N., commands an effective battery at Manassas, + 358. + +_Peninsula of Virginia_, features for defense, 300. + +_Pennsylvania_, instructions to her deputies to the Constitutional + Convention, 90; + words with which she ratified the Federal Constitution, 105. + +_People in the aggregate, The_, no instance of the action of the people + as one body, 119; + use of the word by Virginia, 125; + its early use, 125; + do. in the Declaration of Independence, 126; + views of Story, 126; + speak as the people of the States, 152. + +_People of the State_, the only sovereign political community before the + adoption of the Federal Constitution, 154. + +_People of the United States_, understood to mean the people of the + respective States, 174; + views of Virginia, of Massachusetts, and others, 174. + +_People of the South_, their hope and wish that the disagreeable + necessity of separation would be peaceably met, 438; + every step of the Confederate Government directed to that end, 439. + +_Perpetuity of the Union_, danger to, foreshadowed, 185. + +Pickens, Governor, his dispatch relative to Colonel Lamon, 272. + +_Pickens, Fort_, its condition at the outbreak of the war, 203. + +Pickering, Timothy, letter in 1803-'4 on a separation of the Union, 71; + his prediction, 79. + +Pierce, Franklin, President, his character, 25. + +_Plans of the enemy_, their development, 468. + +_Pledge_ given by Federal authorities to Confederate Commissioners and + Government for the evacuation of Sumter and unchanged condition of + Pickens, 269. + +_Plighted faith_, the last vestige of, disappeared, 274. + +_Point of honor_, the, raised by Secretary Seward, 273. + +_Political parties_, the changes occurring in, 35; + their names and signification, 35. + +Polk, Major-General Leonidas, enters Kentucky and occupies Hickman and + Columbus, 391; + his dispatch to the President and the answer, 392; + answer to Kentucky Committee, 394; + letter to the Governor of Kentucky, 396; + his proposition, 397; + repulses the assailants at Belmont, 404; + his report of the conflict, 405. + +_Popular sovereignty party_ of 1860, its principles, 51. + +_Powder_, our supply in 1861, 472; + first efforts to obtain, 473; + mills in existence, 472; + progress of development, 474; + amount of powder annually required, 474; + how supplied, 474, 475; + Government mills, 475. + +Powell, Senator, offers a resolution in the United States Senate + relative to the state of affairs in 1860, 61; + action on the resolution, 68. + +_Power, Political_, the balance of, the basis of sectional controversy, + 11; + its earlier manifestations, 11. + +_Power of amendment_, special examination of, 195; + what is the Constitution? 195; + the States have only intrusted to a common agent certain functions, + 196; + a power to amend the delegated grants, 196; + the first ten amendments, 196; + distinction between amendment and delegation of power, 196; + smaller power required for amendment than for a grant, 196; + apprehensions of the power of amendment, 197; + restrictions placed on the exercise of the delegated powers, 197; + effect on New England, 198. + +_Power of the Confederate Government_ over its own armies and the + militia, 506; + object of confederations, 506; + the war powers granted, 507; + two modes of raising armies in the Confederate States, 507; + is the law necessary and proper? 508; + Congress is the judge, under the grant of specific power, 508; + what is meant by militia, 509; + whole military strength divided into two classes, 510; + powers of Congress, 510; + objections answered, 511; + the limitations enlarged, 512; + result of the operations of these laws, 515; + act for the employment of slaves, 515; + message to Congress, 515; + died of a theory, 518; + act passed, 518; + not time to put it in operation, 519. + +_Power to prohibit slavery_ in a Territory, argument for its possession + by the United States Congress, 26. + +_Preamble to the Constitution_, its words, 121; + the stronghold of the advocates of consolidation, 121; + we, the People, interpreted as a nation, 121; + words of John Adams, 121; + do. of Patrick Henry, 121; + other words of Henry, 122; + answer of Madison to Henry, 122; + the people were those of the respective States, 123; + proceeding in the Convention, 123; + the original words reported, 124; + vote on them unanimous, 124; + reason of modification, 124; + the word _people_--its signification, 125; + examples from Scripture, 125; + instances in the Declaration of Independence, 126; + revolt of Maryland, 126; + do. of North Carolina and Rhode Island, 126. + +_Precipitation_, the calmness with which Southern measures were adopted + refutes the charge of, 199. + +_Prediction_ of Timothy Pickering, 79. + +_Presidential election of 1800_, the basis of the contest, 189; + the last contest on them, 189. + +_Pretension, Absurdity of_ the, by which a factitious sympathy was + obtained in certain quarters for the war upon the South, on the ground + that it was a war in behalf of freedom against slavery, 262; + letter of Mr. Seward, 263. + +Price, General, agreement with General Harney, 416; + address to the people of Missouri, 421, 422; + his efforts in Missouri, 427, 428; + his enthusiasm, 428; + magnanimity at the battle of Springfield, 429. + +_Proclamation of President Lincoln_ on April 15, 1861, an official + declaration of war, 319; + his words, 319; + power granted in the Constitution, how expressed, 320; + delegated to Congress, 320; + action of South Carolina, 320; + the State designated as a combination, 320; + not recognized as a State, 320; + its effect, 321; + reason of President Lincoln for designating the State as a + combination, 321; + no authority to enter a State on insurrection arising, 321; + words of the Constitution, 321; + his efforts to justify himself, 322; + was it an insurrection? 325. + +_Prohibitory clauses_, relative to the States, 149. + +_Propositions_ clearly established relative to sovereignty, 157, 158. + +_Proposition of Major-General Polk_ to the Governor of Kentucky, 397. + +_Public opinion_, how drifted from the landmarks set up by the sages and + patriots who formed the constitutional Union, 216. + + +Quincy, Josiah, member of Congress from Massachusetts, declaration of a + dissolution of the Union in 1811, 73. + +Quitman, John A., nominated for Governor of Mississippi, 20; + accepts and subsequently withdraws, 20. + + +_Railroads_, insufficient in number, 315; + poorly furnished, 315; + dependent on Northern foundries, 315. + +Rains, General G. W., his experience, 316; + charged with the manufacture of powder, 316; + undertakes the manufacture of powder, 475. + +Randolph, Edmund, plan of government offered in the Convention, 96; + his views on the coercion of a State, 178. + +Reagan, J. H., Postmaster-General under Provisional Constitution, 242. + +Rector, Governor of Arkansas, reply to Mr. Lincoln's call for troops, + 412. + +_Relay House_, occupied by United States troops, 333. + +_Remedy, The_, invoked by Mr. Calhoun 189. + +_Representatives of the South_, their proceedings at Washington. + +_Republic, An American_, never transfers or surrenders its sovereignty, + 154. + +_Republican (so-called) Convention_ of 1860, a purely sectional body, + 49; + its selection of candidates, 49; + declaration of Mr. Lincoln, 49. + +_Republican party_, its growth, 36; + its principle, 36; + votes, 36; + of 1860, its principles, 51. + +_Republicans_, demand made on them in the United States Senate for a + declaration of their policy, 69; + no answer, 69. + +_Resolutions_, relating to Territories offered by Senator Davis, 42; + discussion and vote upon them, 43; + position of the Senator, 44; + adopted by Southern Senators, 204; + their significance, 204; + further efforts would be unavailing, 205. + +_Resolutions of_ 1798-'99, the corner-stone of the political edifice of + Mr. Jefferson, 385. + +_Reserved powers of the States_, views of Massachusetts and New + Hampshire, 146, 147; + declaration of New York, 147; + do. of South Carolina, 147; + do. of North Carolina, 147; + do. of Rhode Island, 148; + no objection made to the principle, 148. + +_Resumption of powers, etc._, some objections considered, 180; + as to new States, 180; + every State equal, 180; + States formed of purchased territory, 181; + allegiance to the Federal Government said to be paramount, 182; + examined, 182; + the sovereign is the people, 182; + the right asserted in the ratifications of Virginia, New York, and + Rhode Island, 173; + effort to construe these as declaring the right of one people, 174. + +_Revolutionary measures in the extreme_, acts of the United States + Government in Missouri, 420. + +Reynolds, Lieutenant-Governor, ably seconds the efforts of Governor + Jackson in Missouri, 423. + +_Rhode Island_, the Constitution rejected by a vote of the people, 111; + subsequently ratified, 111; + terms of ratification, 111; + letter of her Governor to President Washington relative to her + position as not a member of the new Union, 113; + her declaration on the reserved powers of the States, 148. + +_Rich Mountain_, West Virginia, the contest at, 338. + +_Richmond_, a campaign against, planned by the enemy, 466. + +_Right, the_, enunciated in the Declaration of Independence, 386; + determination of the States to exercise it, 386; + to attack Fort Sumter, South Carolina a State, 290; + ground on which the fort stood ceded in trust to the United States for + her defense, 290; + no other had an interest in the maintenance of the fort except for + aggression against her, 290; + remarks of Senator Douglas, 290. + +_Rights of the States_, assertions of, in various quarters, 190; + resolutions of Massachusetts Legislature, 190; + declaration on the purchase of Louisiana, 190; + on the admission of the State, 190; + on the annexation of Texas, 190. + +_Right of the Federal troops to enter a State_, 411; + words of the Constitution, 411; + how could they be sent to overrule the will of the people? 411. + +Roman, A. B., appointed Commissioner to United States, 246. + +_Romney_, the affair near, in June, 1861, 343. + +"_Rope of sand_," the expression examined, 176. + + +Scott, Major-General, advises the evacuation of the forts, 282. + +_Seat of sovereignty_, never disturbed heretofore in this country, 154. + +_Secession_, the tendency of the Southern movement to, 60; + repeated instances of the assertion of this right in the prior history + of the country, 71; + several instances, 71; + letters, 71; + provision made for, 100; + the right of, to be veiled, 101; + a question easily determined, 168; + the compact between the States was in the nature of a partnership, + 168; + law of partnerships, 168; + formation of the Confederation, 169; + do. of the "more perfect Union," 169; + an amended Union not a consolidation, 169; + the very powers of the Federal Government and prohibitions to the + States, relied upon by the advocates of centralism as incompatible + with State sovereignty, were in force under the old Confederation, + 170; + arguments of Madison to show that the great principles of the + Constitution and the Articles of Confederation are the same, 170; + extract, 171; + why was it not expressly renounced if it was intended to surrender it? + 172; + it would have been extraordinary to put in the Constitution a + provision for the dissolution of the Union, 172; + in treaties there is a provision for perpetuity, but the right to + dissolve the compact is not less clearly understood, 172; + the movements which culminated in, began before the session of + Congress of December, 1860, 201; + action of the author, 201, 202. + +_Secession and coercion_, views on, that had been held in all parts of + the country, 252. + +_Secessionists per se_, number so small as not to be felt in any popular + decision, 301; + only alternative to a surrender of equality in the union, 301. + +_Sectional controversy_, the basis of, 11; + no question of the right or wrong of slavery involved in the earlier, + 13. + +_Sectional hostility_, not the consequence of any difference on the + abstract question of slavery, 79; + the offspring of sectional rivalry and political ambition, 79. + +_Sectional rivalry_, its efforts to prevent free emigration, 29. + +_Self-defense_, preparations for, 326; + declarations of the message to Congress, 326; + the state of affairs, 326, 327; + acts for military purposes passed, 327; + our object and desire distinctly declared, 327; + the patriotic devotion of every portion of the country, 328; + secession of the border States, 328. + +Semmes, Captain, afterward Admiral, 311; + sent North to purchase arms, ammunition, etc., etc., 311; + letter of instructions, 311. + +_Senators, Southern_, efforts to dissuade from aggressive movements, + 204; + how exerted, 204. + +_Separation_ made familiar to the people by agitation, 227. + +_Settlement with the United States_, views relative to, 245. + +Seward, W. H., letter to Mr. Dayton on the views and purposes of the + United States Government, 262; + proceedings as Secretary of State relative to our Commissioners, 267; + his declarations, 268; + assurances given, 269; + his representations and misrepresentations to the Commissioners, 273, + 425; + further statements, 277. + +Seymour, Horatio. remarks relative to coercion, 255. + +Sharkey, William L., anecdote of, 230. + +_Sharp correspondence_ between the Commissioners from South Carolina and + President Buchanan, 214 (see Appendix). + +Sherman, Roger, his use of the word "sovereign" as applied to the + States, 144. + +Singleton, O. R., letter on conference of Senators and Representatives + in Congress from Mississippi with the Governor, 58. + +_Slaves_, importation forbidden by Southern States, 4. + +_Slave-trade_, interference with, by Congress forbidden in the + Constitution, 4; + importation forbidden by Southern States, 4; + its final abolition, 5. + +_Slavery_, a right understanding of questions growing out of, 3; + existed at the adoption of the Federal Constitution, 3; + occasion of diversities, 3; + cause of its abolition, 4; + first petitions for abolition of, 5; + question of maintenance of, belongs exclusively to the States, 6; + how raised by zealots in the North, 6; + the extension of, a term misleading the opinions of the world, 6; + did not imply the addition of a single slave to the number existing, + 7; + signified distribution or dispersion, 7; + no question of the right or wrong of, involved in the earlier + sectional controversies, 13; + historical sketch of its existence among us, 78; + far from being the cause of the conflict, 73; + only an incident, 80; + a matter entirely subject to the control of the States, 80; + its existence and validity distinctly recognized by the Constitution, + 80. + +_Slaves_, message on the employment of, in the army, 515; + act passed, 519. + +Smith, General E. K., wounded at Manassas, 351. + +_South Carolina_ repeals law to prohibit importation of slaves, 4; + instructions to her representatives to the Constitutional Convention, + 91; + adopts an ordinance of secession, 70; + her representatives in Congress withdraw, 70; + action of other States, 71; + her ratification of the Federal Constitution, 108; + her declaration on the reserved powers of the States, 147; + conditions of her cession of sites for ports in Charleston Harbor to + United States, 210; + any delay by her to secede could not have changed the result, 300; + nature of her act of secession, 320. + +_South, The_, growth of overweening confidence in, 314. + +_Southern manifestations_, cause of, after the Presidential election of + 1860, 53; + their deliberate action, 54. + +_Southern_ people, in advance of their leaders throughout, 199; + their grounds to hope there would be no war, 257; + their conservative temper, 258; + the prevailing sentiment, a cordial attachment to the Union, 301. + +_Southern States_, only alternative to seek security out of the Union, + 85; + what course remained for them to adopt, 192; + over sovereigns there is no common judge, 192; + their defenseless condition in 1861, 228; + their calamities a result of their credulous reliance on the power of + the Constitution, 228; + satisfied with a Federal Government such as their fathers had formed, + 439; + against the violations of the Constitution they remonstrated, argued, + and finally appealed to the undelegated power of the States, 439; + years of fruitless effort to secure from their Northern associates a + faithful observance of the compact, 439; + a peaceful separation preferred to a continuance in a hostile Union, + 439; + pleas for peace met deceptive answers, 440. + +_Sovereignty resides alone in the States, 26; + assertion of Story, 141; + increased the unnecessary confusion of ideas, 141; + definition of Burlamaqui, 141; + sovereignty seated in the people, 141; + they can exercise it only through the State, 141; + the States were sovereign under the articles of Confederation, 142; + never been divested of it, 142; + paradoxical theories in the United States, 142; + if the people have transferred their sovereignty, to whom was it made? + 143; + declaration of Motley, 143; + refutation by articles of Confederation, 143; + action of Massachusetts, New Hampshire, 143; + declarations of Madison, Hamilton, and others, 143, 144; + views of others, 145; + reservations in the tenth amendment, 146; + its meaning, 146; + views of the States on signification of it, 147, 148. + +_Sovereign will_, two modes of expressing known to the people of this + country, 153; + an effort to make it clear beyond the possibility of misconception, + 153; + propositions clearly established, 157, 158. + +_Special friends of the Union_, claim arrogated by the abolitionists, + 34. + +_Springfield, Missouri_, the battle at, 429. + +_Squatter sovereignty_, responsibilities of the authors of, 31; + its origin, 36; + when fully developed, 38; + the theory in its application to Territories, 40. + +_Star of the West,_ attempts to reenforce Fort Sumter, 217; + the result, 218. + +_Statements_, unfounded, relative to the election of Provisional + President, 236. + +_State_, a suit against, views of Hamilton, 162. + +_State seceding, A_, assumes control of all her defenses intrusted to + the United States, 211. + +_States, The_, their separate independence acknowledged by Great + Britain, 47; + to whom could they have surrendered their sovereignty, 156; + represented in the Peace Congress, 248; + as States, mentioned in the Constitution seventy times, 130; + ratification by, alone gave validity to the Constitution, 132; + have never been divested of sovereignty, 142. + +_States Rights party_ of 1860, its principles, 51. + +Stephens, Alexander H., elected Vice-President of the Confederate + States, 230; + remarks on the permanent Constitution, 258. + +St. John, General, appointed commissary-general of subsistence, 318; + his report, 318. + +Story, Judge Joseph, a question asked by him, 132; + its answer, 132. + +Stuart, General J. E. B., activity and vigilance in Virginia, 344. + +_Subjugation_; the measures of the United States Government in Missouri + designed for the subjugation of the State, 423. + +_Sumter, Fort_, correspondence relative to occupancy of, between Colonel + I.W. Hayne and President Buchanan, 219; + state of affairs relative to, after the inauguration of President + Lincoln, 267; + pledges given relative to, 269; + proceedings of G. V. Fox relative to reenforcing and furnishing + supplies to, 271; + official notification from Washington, 274; + correspondence relative to bombardment of, 285, 286; + do. relative to evacuation of, 288; + the right to claim it as public property is untenable, apart from a + claim of coercive control over the State, 290; + the right of the Federal Government to coerce a State to submission, + 291; + no hope of peaceful settlement existed, 291; + repeated attempts at negotiation, 291; + met by evasion, prevarication, and perfidy, 291; + the right to demand that there should be no hostile grip pending a + settlement, 291; + the forbearance of the Confederate Government unexampled, 292; + he who makes the assault is not necessarily the one who strikes the + first blow, 292; + the attempt to represent us as the aggressors unfounded, 292; + "firing on the flag," 292; + idea of the commander of the Pawnee, 292; + remark of Greeley, 293; + the conflict, 293; + nobody injured, 293; + extract from Mr. Lincoln's message, 294; + reply, 294; + a word from him would have relieved the hungry, 294; + suppose the Confederate authorities had consent to supplies for the + garrison, 294; + what would have been the next step, 294; + what reliance could be placed on his assurances, 294; + fire upon, opened by General Beauregard, 293; + the conflict, 293; + final surrender, 293; + an incident of ex-Senator Wigfall, 293; + terms of surrender, 293; + bombardment in anticipation of the fleet, 296. + +_Supremacy of the Constitution_, considerations conducing to a clearer + understanding of, 150; + declared to be in the Constitution and laws, not in the Government of + the United States, 151. + +_Supremacy, State_, the controlling idea in the Confederate army bill, + 304; + arms and munitions within the several States were considered as + belonging to them, 305; + the forces could only be drawn from the several States by their + consent, 305; + the system of organization, 305; + provision for the discharge of the forces, 305; + the act to provide for the public defense, 305; + the law for the establishment and organization of the army of the + Confederate States, 306; + wish and object of the Government were peace, 306; + provisions of the act, 306. + + +Taney, Chief-Justice, remark in the Dred Scott case, 84. + +_Tariff laws_, enacted for protection against foreign competition, 32; + a burden on the Southern States, 32; + a most prolific source of sectional strife, 498; + its early history, 498; + policy of the British Government with the colonies, 499; + a difficulty in the Constitutional Convention, 499; + progress after the formation of the Union, 500; + all laws based on the principle of duties for revenue, 500; + the first time a tariff law had protection for its object, it for the + first time produced discontent, 501; + geographical differences between North and South, 501; + legislation for the benefit of Northern manufactures a Northern + policy, 501; + the controversy quadrennially renewed, 502; + motion of Mr. Drayton, of South Carolina, 502; + progress of parties, 503; + position of Southern representatives, 503; + other causes, 503; + general effect on the character of our institutions, 504. + +_Texas_, her division, how effected, 16; + compared with California, 16. + +_Taxation_, the system of measures for, 493; + objects of taxation, 494; + direct taxes, 494; + obstacle to the levy of these taxes, 495. + +Thayer, James S., speech of, in New York, on the attempt to coerce a + State, 254. + +_Thirteen, Senate Committee_ of, consequences of their failure to come + to an agreement, 199. + +_Thoroughfare Gap_, meat-packing establishment at, 462. + +Toombs, Robert, Secretary of State under Provisional Constitution, 242. + +Townsend, Colonel Frederick, commands Third Regiment of the enemy's + force at Bethel Church, 342; + his account of the combat at Bethel Church, 342. + +_Travesty of history_, statements of a foreign writer, 201; + their absurdity shown, 201. + +_Trent, The steamer_, seizure of our Commissioners on board, 470; + their treatment and restoration, 470. + +_Tribune, The New York_, declaration relative to the coercion of States, + 56; + its declarations relative to coercion, 252. + +_Troops, Southern_, rush to Virginia, 300; + also sent by Confederate Government, 300. + +_Troops_ of the two armies, exemplification of the difference before + either was trained to war, 342, 343. + + +_Union, The_, no moral or sentimental considerations involved in the + controversies that ruptured the Union, 6. + +_Union, Dissolution of the_, first threats or warnings of, from New + England, 12; + ground of opposition stated, 12; + Colonel Timothy Pickering in 1803, 71; + do. in 1804, 72; + its peaceful character, 72; + declaration of Josiah Quincy in Congress in 1811, 73; + action of the House, 74; + the celebrated Hartford Convention, 74; + its proceedings, 74; + published report, 74; + their declaration, 75; + threats of Massachusetts in 1844, 76. + +_Union_, the, how to be saved, views of President Buchanan, 54; + declaration of Senator Calhoun, 55. + +_Union, A perpetual_, provided for in the last article of the + Confederation, 98; + a serious difficulty, 98; + danger of failure, 98. + +_Union_, A, necessarily involves the idea of competent States, 128; + was not formed to destroy the States, but to secure the blessings of + liberty, 176; + a voluntary junction of free and independent States, 439. + +_Union of the armies of Johnston and Beauregard_, decided at Richmond, + 347; + order sent to Johnston, 347. + +_United States Supreme Court_, decision of, flouted, denounced, and + disregarded, 85. + +_Usurpation_, tendency to, in the Federal Government, 176; + last effort to stay the tide of, 247; + set on foot by Virginia, 247; + an effort for adjustment, 247; + the Peace Congress, 248. + + +Vattel, his views on the sovereignty of a state, 145. + +Vaughn, Colonel, report of the affair near Romney, in June, 1861, 343; + a notice of Vaughn, 344. + +_Virginia_, made efforts to prohibit the importation of slaves, 4; + first to prohibit, 5; + her cession of territory in 1784, 7; + Ordinance of 1787, 7; + the occasion of her cession of territory north of the Ohio River, 47; + instructions to her Commissioners to the Constitutional Convention, + 90; + long debates in her Convention, 108; + the speakers, 108; + her terms of ratification, 109; + her cession of sites for forts to United States, 210; + act of cession, 211; + proposes a convention to adjust existing controversies, 247; + appoints commissioners, 247; + her ordinance subject to the ratification of the people, 299; + forms a convention with the Confederate States, 299; + prompt to reclaim the grants she had made on the appearance of + President Lincoln's proclamation, 298; + passes an ordinance of secession, 299; + liable to be invaded from north, east, and west, 300; + the forces assembled in, 340; + divided into three armies, 340; + their positions, 340; + junction possible between first and second, 340; + her history a long course of sacrifices for the benefit of her sister + States, 440; + her efforts to check dissolution, 440; + her mediations rejected in the Peace Congress, 440; + required to furnish troops for subjugation, or reclaim her grants to + the Federal Government, 440; + one course left consistent with her stainless reputation, 440; + the forces of the enemy around her, 440; + Richmond threatened, 441. + +_Volunteers_, sufficient secured during the first year, 505; + laws relating to the military service, 506. + + +Walker, L. P., Secretary of War under Provisional Constitution, 242. + +Walworth, Chancellor, remarks on the coercion of the Southern States, + 255. + +_War of the Revolution_, its causes were grievances inflicted on the + Northern colonies, 148; + the South had no material cause of complaint, 48. + +_War, the late bloody_, the theory on which it was waged, 160; + proposition in the Convention to incorporate it in the Constitution, + 160; + not seconded, 160. + +_War between the Slates_, who was responsible for? 440; + the probability of, discussed by the people, 227; + opinion that it would be long and bloody, 230. + +_War-cry, the_, employed to train the Northern mind, 29; + its success, 30. + +_Washington_, the great effort of invasion to be from that point, 337; + accumulation of troops, 337. + +Washington, George, his use of the word "compact" as applied to the + Constitution, 138; + repeatedly refers to the proposed Union as a confederacy, 164; + extracts from his letters, 164. + +Washington, John A., killed on a reconnaissance, 436. + +Webster, Daniel, remark of, at the death of Mr. Calhoun, 17; + first to revive refuted misconceptions, 128; + a remark of his, 134; + denies the Constitution to be a compact, 135; + on the word "accede," 136; + his concessions, 137; + denied what Massachusetts and New Hampshire affirmed, 139; + on the sovereignty of the Government, 151; + his inconsistent ideas, 152; + his views in 1819, 166; + his speech at Capon Springs, 167; + on the omission of a State to appoint Senators, 179. + +Welles, Gideon, statement of proceedings in Mr. Lincoln's Cabinet, 276. + +Wise, General Henry A., sent to western Virginia, 433; + his success, 433. + + + + + +End of the Project Gutenberg EBook of The Rise and Fall of the Confederate +Government, Vol. 1 (of 2) by Jefferson Davis + +*** END OF THIS PROJECT GUTENBERG EBOOK CONFEDERATE GOVERNMENT *** + +***** This file should be named 19831.txt or 19831.zip ***** +This and all associated files of various formats will be found in: + http://www.gutenberg.org/1/9/8/3/19831/ + +Produced by Geoff Horton, David King, and the Online +Distributed Proofreaders team at http://www.pgdp.net + + +Updated editions will replace the previous one--the old editions +will be renamed. + +Creating the works from public domain print editions means that no +one owns a United States copyright in these works, so the Foundation +(and you!) can copy and distribute it in the United States without +permission and without paying copyright royalties. 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