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+The Project Gutenberg EBook of The Life of Lyman Trumbull, by Horace White
+
+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 Life of Lyman Trumbull
+
+Author: Horace White
+
+Release Date: November 18, 2011 [EBook #38043]
+
+Language: English
+
+Character set encoding: ISO-8859-1
+
+*** START OF THIS PROJECT GUTENBERG EBOOK THE LIFE OF LYMAN TRUMBULL ***
+
+
+
+
+Produced by Adam Buchbinder, Matthew Wheaton and the Online
+Distributed Proofreading Team at http://www.pgdp.net (This
+book was produced from scanned images of public domain
+material from the Google Print project.)
+
+
+
+
+
+
+
+
+
+    THE LIFE OF LYMAN TRUMBULL
+
+    BY
+
+    HORACE WHITE
+
+
+    BOSTON AND NEW YORK
+    HOUGHTON MIFFLIN COMPANY
+    The Riverside Press Cambridge
+    1913
+
+
+    COPYRIGHT, 1913, BY HORACE WHITE
+
+    ALL RIGHTS RESERVED
+
+    _Published October 1913_
+
+
+
+
+PREFACE
+
+
+A few years since, the widow of Lyman Trumbull requested me to write a
+biography of her husband, who was United States Senator from Illinois
+during the three senatorial terms 1855-1873, or to recommend some
+suitable person for the task. It had been a cause of surprise and regret
+to me that the name of Trumbull had not yet found a place in the
+swelling flood of biographical literature that embraces the Civil War
+period. Everybody, North or South, who stood on the same elevation with
+him, everybody who exercised influence and filled the public eye in
+equal measure with him, had found his niche in the libraries of the
+nation, and such place in the hearts of the people as his merits
+warranted. Trumbull alone had been neglected. I reflected upon the
+matter and came to the conclusion that, although better writers than
+myself could be found for this kind of work, no one was likely to be
+found who had been more intimate with him during his whole senatorial
+career, or who had warmer sympathy for his aims or higher admiration for
+his abilities and character. I reflected also that very soon there would
+be no person living possessing these special qualifications. Accordingly
+I decided to undertake the work.
+
+Mrs. Trumbull placed in my hands several thousand letters received by
+Trumbull, and a few written by him, during his public career. All these
+have been examined by me, and they are now in the Library of Congress.
+He was not in the habit of keeping copies of letters written by himself
+unless he deemed them important, and such copies were generally written
+out by his own hand, not taken in a copying-press. Other letters
+written by him have been sought with varying success in the hands of his
+correspondents, or their heirs, in various parts of the country, but
+nothing has been found in this way that can be considered of much
+importance.
+
+During the Reconstruction era I had sustained the policy of Congress in
+opposition to that of Andrew Johnson, but had revolted at the
+carpetbaggery and misgovernment which had ensued, and had abhorred the
+"Ku-Klux" bills and "Force" bills which the Union party for a long time
+continued to enact or threaten. I was not quite prepared to find,
+however, upon going over the whole ground again, that I had been wrong
+from the beginning, and that Andrew Johnson's policy, which was
+Lincoln's policy, was the true one, and ought never to have been
+departed from. This is the conclusion to which I have come, after much
+study, in the evening of a long life. This does not mean that all of the
+doings and sayings of President Johnson were wise and good, but that I
+believe him to have been an honest man, a true patriot, and a worthy
+successor of Lincoln whose Reconstruction policy he followed. Lincoln
+himself could not have carried that policy into effect without a fight,
+and many persons familiar with the temper of the time think that even he
+would have failed. All that we can now affirm is that he was armed with
+the prestige of victory and the confidence of the North, and hence would
+have been better prepared than Johnson was for meeting the difficulties
+that sprang up at the end of the war. It must be admitted, however, that
+Johnson honestly aimed to carry out that policy, both because it was
+Lincoln's and because he himself, after careful consideration, esteemed
+it sound.
+
+I acknowledge my indebtedness to the _Diary of Gideon Welles_, which I
+regard as the most important contribution to the history of the period
+of which it treats that has yet been given to the public. The history of
+Mr. James Ford Rhodes I have found to be an invaluable guide, as to both
+facts and judgments of men and things. I am indebted to Professor
+William A. Dunning, of Columbia University, for valuable suggestions,
+criticism, and encouragement, as well as for the assistance derived from
+his admired writings on Reconstruction. Miss Katherine Mayo has
+lightened my labors greatly by her intelligent and indefatigable search
+of old letters and newspaper files and by interviews with persons still
+living. My gratitude is due also to the late William H. Lambert, of
+Philadelphia, for giving me access to his collection of manuscript
+correspondence that passed between Lincoln and Trumbull prior to the
+inauguration of the former as President; also to Dr. William Jayne, of
+Springfield, Illinois, to Hon. J. H. Roberts, of Chicago, to the wife of
+Walter Trumbull (now Mrs. L. C. Pardee, of Chicago), and to Mrs. Mary
+Ingraham Trumbull, of Saybrook Point, Connecticut.
+
+    H. W.
+
+
+
+
+CONTENTS
+
+
+CHAPTER I
+
+ANCESTRY AND EARLY LIFE
+
+    The Trumbulls from Newcastle-on-Tyne, England--Most illustrious
+    family in Colony of Connecticut--Lyman Trumbull born and
+    educated at Colchester--Begins his career as school-teacher in
+    Georgia in 1833--Studies law there in office of Hiram Warner--In
+    1837 makes a journey on horseback to Shawneetown,
+    Illinois--Begins practice of law in office of Governor Reynolds
+    at Belleville--"Riding on the circuit" in the early days--In a
+    letter to his father describes the killing of Rev. Elijah P.
+    Lovejoy at Alton--Elected to the legislature from St. Clair
+    County in 1840--Appointed secretary of state in 1841 by Governor
+    Carlin--Removed from office in 1843 by Governor Ford--Political
+    disturbance in consequence--Belleville in 1842--Marriage of
+    Trumbull and Miss Julia Jayne--Their wedding journey--Political
+    campaign of 1848--Trumbull fails of nomination for governor--Is
+    elected judge of the supreme court in 1848--Removes his
+    residence to Alton--Reëlected as judge in 1852, but resigns in
+    the following year.                                                1
+
+
+CHAPTER II
+
+SLAVERY IN ILLINOIS
+
+    French adventurers from Canada the first whites in
+    Illinois--Followed by colonists from Louisiana--Slaves sent from
+    Santo Domingo by John Law's Company of the Indies--Thomas
+    Jefferson takes steps to exclude slavery from the Northwest
+    Territory--The Anti-Slavery Ordinance of 1787--The territorial
+    legislature authorizes the holding of "indentured servants" for
+    a limited time--Attempts to repeal the Ordinance defeated in
+    Congress by John Randolph of Roanoke--State constitution in 1818
+    prohibits slavery--the pro-slavery men attempt to change the
+    constitution--Bitter contest in 1824 results in their
+    defeat--Slavery continues, nevertheless, under judicial
+    decisions--Trumbull wages war against it in the courts--His
+    final victory in the Jarrot case, in 1845                         23
+
+
+CHAPTER III
+
+FIRST ELECTION AS SENATOR
+
+    Senator Douglas and the repeal of the Missouri
+    Compromise--Disruption of political parties--Trumbull announces
+    himself a candidate for Congress in opposition to the Nebraska
+    Bill--Is elected in the Eighth Illinois District--Abraham
+    Lincoln takes the stump against Douglas--Their joint debate at
+    Springfield in October, 1854--An Anti-Nebraska legislature
+    elected--Lincoln a candidate for Senator in place of General
+    Shields--Five Anti-Nebraska Bill members vote for
+    Trumbull--Supporters of Shields transfer their votes to Governor
+    Matteson--Lincoln transfers his votes to Trumbull, who is
+    elected by a majority of one                                      32
+
+
+CHAPTER IV
+
+THE KANSAS WAR
+
+    Trumbull takes his seat in the Senate--A protest is presented
+    declaring him not eligible--It is overruled after
+    debate--Disturbances in Kansas consequent upon the passage of
+    the Nebraska Bill--Trumbull makes a speech criticizing Douglas's
+    report thereon--Debate between the two Senators attracts wide
+    attention--Speeches of Seward, Sumner, Collamer, and
+    others--Trumbull's first appearance in debate is warmly welcomed
+    by the opponents of the Nebraska Bill                             48
+
+
+CHAPTER V
+
+THE LECOMPTON FIGHT
+
+    The national contest of 1856 results in the election of James
+    Buchanan as President--The Republicans of Illinois elect their
+    state ticket--The Kansas war continues--Buchanan appoints Robert
+    J. Walker governor of the territory--The Pro-Slavery party hold
+    a convention at the town of Lecompton to form a state
+    constitution--The Free State men decide not to participate, but
+    to vote against the constitution when submitted to the
+    people--The convention decides not to submit the constitution to
+    popular vote--President Buchanan agrees to this plan--Governor
+    Walker thereupon resigns his office and Senator Douglas opposes
+    the admission of Kansas under the Lecompton Constitution--Both
+    Trumbull and Douglas speak against the Lecompton measure and
+    Congress rejects it--Douglas contemplates joining the
+    Republicans                                                       69
+
+
+CHAPTER VI
+
+THE CAMPAIGN OF 1858 AND THE JOHN BROWN RAID
+
+    Popularity of Douglas among the Eastern Republicans growing out
+    of the Lecompton fight--Not shared by those of Illinois--The
+    latter choose Lincoln as their candidate for Senator--Some
+    letters from Lincoln to Trumbull in 1858--The campaign of 1858
+    results in the reëlection of Douglas, but the popular vote shows
+    a plurality for Lincoln--Douglas's doctrine of "Unfriendly
+    Legislation" in the territories in regard to slavery turns the
+    South against him--The John Brown raid at Harper's
+    Ferry--Trumbull's speech and debate thereon in the Senate         86
+
+
+CHAPTER VII
+
+THE ELECTION OF LINCOLN--SECESSION
+
+    The National Republican Convention at Chicago in 1860--How
+    Lincoln was nominated in preference to Seward--the Secession
+    movement after the election--Trumbull makes a speech at
+    Springfield which includes a brief statement of Republican
+    policy written by Lincoln--Correspondence between Lincoln and
+    Trumbull before the inauguration--Trumbull advises his friends
+    in Chicago not to make concessions to those who threaten to
+    overthrow the Government--He has a debate in the Senate with
+    Jefferson Davis--Makes a speech at the night session, March 2,
+    1861, against the Crittenden Compromise--The latter defeated in
+    the Senate by Yeas, 19; Nays, 20--Some items of Washington
+    society news from Mrs. Trumbull--Interview between President
+    Buchanan and Judge McLean--Text of Trumbull's Speech against the
+    Crittenden Compromise                                            102
+
+
+CHAPTER VIII
+
+CABINET-MAKING--THE DEATH OF DOUGLAS
+
+    Trumbull's interview with William Cullen Bryant, and others, who
+    oppose William H. Seward as a member of Lincoln's Cabinet--They
+    consider Seward's coterie in New York corrupt and
+    dangerous--Trumbull communicates the objections to
+    Lincoln--Lincoln thinks that the forces which backed Seward at
+    the Chicago Convention must not be snubbed--He has already
+    offered a place to Seward--The question of Cameron more
+    difficult--David Davis's bargain with friends of Cameron and of
+    Caleb Smith--Cameron tries to procure an invitation to
+    Springfield, but Lincoln refuses--Leonard Swett gives invitation
+    without Lincoln's authority--Cameron visits Springfield and
+    secures promise of Cabinet position from Lincoln--A. K. McClure
+    protests against Cameron's appointment and Lincoln requests
+    Cameron to decline--Cameron does not decline--Trumbull advises
+    Lincoln not to appoint Cameron--Lincoln's Illinois friends
+    protest against Cameron--Trumbull urges appointment of
+    Judd--Seward and Weed support Cameron, who is finally appointed
+    Secretary of War--Trumbull, reëlected as Senator, becomes
+    Chairman of the Committee on the Judiciary--The last great
+    service of Senator Douglas to his country--His death and
+    Trumbull's tribute to his memory                                 139
+
+
+CHAPTER IX
+
+FORT SUMTER
+
+    The Senate appoints a committee to ask the President to recall
+    the appointment of Harvey as Minister to Portugal--He had
+    notified Governor Pickens of the Government's intention to
+    relieve Fort Sumter--Trumbull a member of the committee--Seward
+    says that he did not know of Harvey's action till after the
+    appointment was made--In fact, Seward gave the information to
+    Harvey intending that he should send it to Pickens--John Hay's
+    Diary says that Lincoln, before his inauguration, offered to
+    evacuate Fort Sumter--Also that he repeated the offer after
+    inauguration--This confirms a narrative of John Minor Botts--The
+    controversy between Botts and J. B. Baldwin concerning the
+    latter's interview with Lincoln on April 5, 1861--Reasons for
+    believing that Botts's story is true--Remarkable interview
+    between Douglas and Seward as to Fort Sumter                     155
+
+
+CHAPTER X
+
+BULL RUN--THE CONFISCATION ACT
+
+    Trumbull makes an excursion with Senator Grimes to the battle of
+    Bull Run--Is caught by the retreating Union army and driven back
+    to Washington--His account of the panic and stampede says, "It
+    was the most shameful rout you can conceive of"--Sends a
+    telegram to Mrs. Trumbull, but the authorities suppress
+    it--Consternation at the Capital--General Frémont's doings at
+    St. Louis--His military order of emancipation--Lincoln considers
+    it premature and revokes it--Correspondence between Trumbull and
+    M. Carey Lea, of Philadelphia--Cameron follows Frémont's example
+    in his first Annual Report--Sends report to the newspapers
+    without the President's knowledge--Lincoln directs him to recall
+    it and strike out the part relating to slavery--General David
+    Hunter issues an order freeing all slaves in South Carolina,
+    Georgia, and Florida--The President revokes it--Trumbull reports
+    a bill from the Senate Judiciary Committee to confiscate the
+    property of rebels and to give freedom to all of their
+    slaves--Collamer opposes confiscation as both unconstitutional
+    and impolitic--He offers an amendment to substitute judicial
+    process for military confiscation--Collamer's views prevail--The
+    President objected, however, to the forfeiture of real estate
+    beyond the lifetime of the owner--This was the first bill passed
+    by Congress dealing a heavy blow at slavery                      165
+
+
+CHAPTER XI
+
+THE EXPULSION OF CAMERON
+
+    Cameron and Alexander Cummings--Two million dollars placed in
+    New York subject to Cummings's draft--The steamer Catiline
+    chartered and laden by Cummings and Thurlow Weed--The House
+    Committee on Government Contracts--Cummings's
+    testimony--Congressman Dawes's exposure of horse contracts--An
+    equine Golgotha around Washington City--The House censures
+    Cameron--Lincoln removes him and appoints Stanton in his
+    place--Cameron appointed Minister to Russia--Trumbull opposes
+    confirmation--Cameron is confirmed, six Republican Senators
+    voting in the negative                                           178
+
+
+CHAPTER XII
+
+ARBITRARY ARRESTS
+
+    Lincoln's first suspension of the writ of _habeas
+    corpus_--Secretary Seward and John Hay give verbal instructions
+    thereunder--Senate debate on arbitrary arrests--Wide differences
+    of opinion as to legality thereof--Trumbull calls for
+    information--Debate between Trumbull, Dixon, and Wilson--Was
+    power to suspend the writ lodged in the executive or in the
+    legislative department?--Chief Justice Taney held that the writ
+    had not been lawfully suspended anywhere--Trumbull demands trial
+    by jury, without delay, of civilians arrested in loyal
+    states--Before Congress takes action the election of 1862
+    results in victory for Democrats--Republican leaders
+    intimidated--Stanton discharges all civilian prisoners--Congress
+    passes Trumbull's bill authorizing President to suspend writ,
+    but requiring trial in civil courts and discharge of persons not
+    indicted--Bill to indemnify the President for previous acts
+    passed by both houses--Banishment of Vallandigham and
+    suppression of the Chicago _Times_--Trumbull opposes the latter  190
+
+
+CHAPTER XIII
+
+INCIDENTS OF THE YEARS 1863 AND 1864
+
+    The movement in the Senate for the retirement of Secretary
+    Seward--Letters from Gustave Koerner, Alfred Iverson, and Walter
+    B. Scates--The appointment of M. W. Delahay as judge of the U.S.
+    District Court of Kansas--His subsequent impeachment and
+    resignation--Letters of General John M. Palmer, Colonel Fred
+    Hecker, and Jesse K. Dubois--Trumbull doubts the expediency of
+    Lincoln's second nomination--He thinks that there is a lack of
+    efficiency in the prosecution of the war--This opinion shared by
+    Henry Wilson and by Congressmen generally in the beginning of
+    1864--The people, however, were for Lincoln's renomination--The
+    Cleveland Convention, and nomination of General
+    Frémont--Simultaneous retirement of Frémont and
+    Postmaster-General Blair                                         210
+
+
+CHAPTER XIV
+
+THE THIRTEENTH AMENDMENT TO THE CONSTITUTION
+
+    Scope of Lincoln's Proclamation of Emancipation--Amendment of
+    the Constitution to abolish slavery--First proposals by Wilson,
+    of Iowa, and Henderson, of Missouri--Trumbull reports the
+    Thirteenth Amendment from the Senate Judiciary Committee--His
+    argument thereon--Speeches of Senators Henderson and Reverdy
+    Johnson--Amendment passes the Senate, but fails in the
+    House--Second attempt in the House successful by a trade with
+    Democrats--Amendment ratified--Objections raised by Southern
+    States explained away by Seward                                  222
+
+
+CHAPTER XV
+
+RECONSTRUCTION
+
+    Death of Lincoln--Conflict of opinions concerning the status of
+    the seceding states--Lincoln's proclamation of December,
+    1863--Reconstruction of Louisiana in pursuance thereof--Trumbull
+    reports a joint resolution admitting that state--Sumner prevents
+    the Senate from voting on it--Lincoln's last speech on
+    Reconstruction--His plan indorsed by William Lloyd
+    Garrison--Andrew Johnson as President adopts it--Recognizes
+    Virginia, Tennessee, Louisiana, and Arkansas as restored to the
+    Union--Issues an executive order appointing a governor of North
+    Carolina to call a constitutional convention--Negroes not
+    included in the list of voters--Similar orders issued for the
+    other seceding states--Wendell Phillips sounds a blast against
+    President Johnson--Northern newspapers at first favorable to
+    Johnson--Desperate industrial condition of the South             231
+
+
+CHAPTER XVI
+
+ANDREW JOHNSON'S FIRST MESSAGE
+
+    Excellent tone and temper of Johnson's first communication to
+    Congress--Written by George Bancroft--Eulogy of the New York
+    _Nation_--Johnson's early life and training--A first-rate
+    stump-speaker--Sumner attacks Johnson for "whitewashing" the
+    ex-slaveholders--Acts of Southern legislatures passed to keep
+    the negroes in order--Senator Wilson moves that all such acts
+    establishing inequality of civil rights be declared
+    invalid--Trumbull argues for postponement of such legislation
+    until the Thirteenth Amendment is ratified--Debate between
+    Trumbull and Saulsbury--Reports of General Grant and General
+    Carl Schurz on the condition and temper of the Southern
+    people--Letter from J. L. M. Curry on the same                   244
+
+
+CHAPTER XVII
+
+THE FREEDMEN'S BUREAU AND CIVIL RIGHTS BILLS
+
+    Trumbull introduces two bills to protect the freedmen in the
+    states--Provisions of the Freedmen's Bureau Bill--Trumbull
+    contends that the Thirteenth Amendment authorized Congress to
+    abolish the incidents and disabilities of slavery--The
+    Freedmen's Bureau Bill passed by Congress and vetoed by the
+    President--The Senate fails to pass it over the veto--Struggle
+    in the Senate to obtain a two-thirds majority--Senator Stockton
+    (Democrat), of New Jersey, unseated--Trumbull's Civil Rights
+    Bill taken up--It does not deal with the right of
+    suffrage--Debate in the Senate on the constitutional
+    question--Bill passes Senate--Is opposed in the House by
+    Bingham, of Ohio--Is vetoed by the President--Exciting scene in
+    Senate when the bill is passed over the veto--Trumbull takes
+    the lead in the campaign of 1866 and is reëlected to the
+    Senate--The Civil Rights Act in the courts--An echo from the
+    State of Georgia                                                 257
+
+
+CHAPTER XVIII
+
+THE FOURTEENTH AMENDMENT
+
+    The Joint Committee on Reconstruction reports the Fourteenth
+    Amendment of the Constitution--It holds that the seceding states
+    cannot be restored to their former places in the Union by the
+    executive alone--Tennessee admitted to the Union by
+    Congress--The Arm-in-Arm Convention at Philadelphia--President
+    Johnson's unfortunate speech following that event--The Southern
+    States refuse to ratify the Fourteenth Amendment--This refusal
+    gives increased power to the radicals in the North               281
+
+
+CHAPTER XIX
+
+CROSSING THE RUBICON
+
+    Decision of the Supreme Court in the Milligan case--It declares
+    all trials of civilians by military commissions unlawful--It
+    implies that Andrew Johnson's policy was preferable to that of
+    Congress--All the members of the Cabinet support the President's
+    policy--Stanton, however, secretly confers with the radicals to
+    undermine the President--Sumner and Stevens become the leaders
+    in Congress and pass bills annulling state governments in the
+    South--The Conservatives follow reluctantly, believing that the
+    negroes cannot be protected unless they have the right to
+    vote--Remarkable series of Reconstruction Acts passed in 1867
+    and 1868--The case of Georgia--Trumbull overthrows Governor
+    Bullock and his senatorial supporters                            288
+
+
+CHAPTER XX
+
+IMPEACHMENT
+
+    The Tenure-of-Office Bill passed to curtail the President's
+    power to remove office-holders--It does not apply to members of
+    the Cabinet--The President vetoes it--The veto message written
+    by Seward and Stanton in conjunction--Bill repassed over
+    veto--First mutterings about impeachment--The Judiciary
+    Committee reports in favor of it--The House rejects the
+    report--The President requests Stanton's resignation--Stanton
+    refuses to resign--The President removes him and appoints Grant
+    Secretary of War _ad interim_--Stanton retires--The Senate
+    disapproves of the removal of Stanton--Grant retires and Stanton
+    resumes office--The President accuses Grant of bad faith, and
+    appoints Lorenzo Thomas Secretary of War--The House votes to
+    impeach the President and appoints managers therefor--The trial
+    begins March 5, 1868--The President is acquitted by vote of 35
+    to 19, not two thirds--Seven Republican Senators including
+    Trumbull vote "Not Guilty"--Newspaper comments sustaining the
+    "Seven Traitors"--Trumbull's written opinion filed with the
+    record--Consequences of the impeachment trial--Death of
+    Fessenden--Death of Mrs. Lyman Trumbull                          301
+
+
+CHAPTER XXI
+
+THE McCARDLE CASE--GRANT'S CABINET--THE FIFTEENTH AMENDMENT
+
+    W. H. McCardle, of Mississippi, arrested by General Ord for
+    seditious publications--Takes an appeal to the Supreme
+    Court--General Grant, as Secretary of War _ad interim_, retains
+    Trumbull to defend the military authorities--Congress passes a
+    law to deprive the Supreme Court of jurisdiction--Trumbull votes
+    for it--The Court rules that its jurisdiction has been withdrawn
+    by Congress--Secretary Stanton fixes Trumbull's compensation for
+    professional services at $10,000--Senator Chandler contends that
+    the payment is contrary to law--Trumbull shows that both law and
+    precedent are on his side--The facts in the case--President
+    Grant's mishaps in choosing his Cabinet--Washburne for the State
+    Department, Stewart for the Treasury, and Borie for the
+    Navy--They are succeeded by Fish, Boutwell, and Robeson--General
+    John A. Rawlins selected by himself for Secretary of War with
+    Grant's approval--General Jacob Cox and Rockwood Hoar, two men
+    of the highest type, appointed but soon resign--Adoption of the
+    Thirteenth Amendment of the Constitution                         327
+
+
+CHAPTER XXII
+
+CAUSES OF DISCONTENT
+
+    Senator Grimes's estimate of the Republican party in
+    1870--President Grant's methods of carrying on the
+    Government--His attempt to annex Santo Domingo--Senate rejects
+    the treaty of annexation--The President comes in conflict with
+    Charles Sumner, who is displaced as chairman of the Senate
+    Committee on Foreign Relations--Trumbull sustains
+    Sumner--Motley, Minister to Great Britain, is removed from
+    office and Trumbull is asked to take his place--He declines the
+    offer--First movement for civil service reform--Trumbull makes a
+    speech at Chicago advocating it--Secretary Cox and
+    Attorney-General Hoar cease to be members of Grant's Cabinet     341
+
+
+CHAPTER XXIII
+
+THE LIBERAL REPUBLICANS
+
+    The Liberal Republican movement begins in Missouri--Its
+    leaders--Enfranchisement of the ex-Confederates, civil service
+    reform, and revenue reform, the issues--Meeting of revenue
+    reformers at New York, November 22, 1871--James G. Blaine,
+    Speaker of the House, offers them a majority of the Committee of
+    Ways and Means--The Missouri movement alarms the Republican
+    leaders--They pass the Ku-Klux Bill for the employment of
+    military force in the South--Trumbull and Schurz oppose the
+    Ku-Klux bill--Trumbull pronounces it an unconstitutional
+    measure--Schurz advocates the removal of all political
+    disabilities--Congress passes an act of universal amnesty after
+    the meeting of the Liberal Republican Convention                 351
+
+
+CHAPTER XXIV
+
+GRANT'S ADMINISTRATION
+
+    General Grant's habits and training were not well adapted to
+    civil and political duties--He was nominated for President on
+    account of his military success--Rottenness in the New York
+    Custom-House--Trumbull moves a general investigation of the
+    waste of public money--The Senate decides in favor of a
+    committee to investigate only matters specifically referred to
+    it--The Leet and Stocking scandal--Colonel Leet found to be
+    receiving $50,000 per year from the "General Order" business of
+    the New York Custom-House--A Senate committee reports the facts
+    to Secretary of the Treasury, Boutwell--The Secretary makes a
+    new investigation and recommends that Collector Murphy
+    discontinue the "General Order" system--Murphy allows it to
+    continue indefinitely--A second Senate investigation
+    ordered--The Leet and Stocking mystery explained--President
+    Grant not a participant in the profits--The "General Order"
+    system broken up--Indignation among Republicans resulting from
+    the exposure                                                     361
+
+
+CHAPTER XXV
+
+THE CINCINNATI CONVENTION
+
+    The Liberal Republican Convention in Missouri calls national
+    convention at Cincinnati--Prompt and favorable response in Ohio
+    and other states--Coöperation of leading Democrats--Springfield
+    _Republican_, Cincinnati _Commercial_, and Chicago _Tribune_,
+    Republican newspapers, support the movement--Henry Watterson,
+    Manton Marble, and August Belmont, Democrats, coöperate--The
+    movement in Pennsylvania--William C. Bryant and others favor the
+    nomination of Trumbull for President--Great meeting at Cooper
+    Union, New York--Governor Palmer, of Illinois, favors the
+    movement--Charles Francis Adams, Horace Greeley, David Davis, B.
+    Gratz Brown, and A. G. Curtin mentioned for
+    President--Correspondence with Trumbull on the subject--The
+    editors' dinner at Murat Halstead's house--Platform
+    embarrassment--The tariff question referred to the congressional
+    districts--Frank Blair and Gratz Brown cause a commotion--Carl
+    Schurz made chairman of the convention--Balloting for
+    President--Brown withdraws his name and advises his friends to
+    vote for Greeley--Greeley nominated on the sixth
+    ballot--Consternation of the supporters of Adams and
+    Trumbull--Most of the Liberal Republican editors decide to
+    support Greeley--Carl Schurz is much distressed--Godkin and
+    Bryant reject Greeley--Correspondence between Bryant and
+    Trumbull--Charles Sumner's hesitating course--He finally decides
+    to support Greeley                                               372
+
+
+CHAPTER XXVI
+
+THE GREELEY CAMPAIGN
+
+    How Trumbull received the news--Carl Schurz advises Greeley to
+    decline the nomination--Greeley decides to accept it--Meeting of
+    Liberal Republican leaders in New York to consider their
+    course--Trumbull and Schurz decide to support the Cincinnati
+    ticket--Correspondence between Schurz and Godkin--Parke Godwin
+    against Greeley--President Grant renominated by the Republicans
+    with Henry Wilson for Vice-President--The Democrats at Baltimore
+    adopt both nominees and platform of the Liberal Republicans--A
+    minority call a bolting convention, which nominates Charles
+    O'Conor--Trumbull's speech at Springfield, Illinois, in support
+    of the Cincinnati ticket--Greeley's campaign starts with the
+    prospect of victory--North Carolina election in August gives the
+    Grant ticket a small majority--The tide turns against
+    Greeley--Greeley takes the stump in September and makes a
+    favorable impression, but too late--The October elections, in
+    Pennsylvania and Ohio, go heavily Republican--Greeley and Brown
+    defeated--Death of Greeley following the election--State
+    election in Louisiana in 1872--Fraudulent returns in favor of
+    Kellogg exposed by Senators Carpenter and Trumbull--Kellogg
+    sustained by President Grant                                     389
+
+
+CHAPTER XXVII
+
+LATER YEARS
+
+    Trumbull's senatorial term expires in 1873--Not reëlected--He
+    resumes the practice of law in Chicago--The second Grant
+    administration worse than the first--The Republican party beaten
+    in the congressional elections of 1874--The Hayes-Tilden
+    campaign in 1876--Disputed returns in Louisiana, South Carolina,
+    and Florida--The Electoral Commission--"Visiting Statesmen" sent
+    to Louisiana to watch the count of the votes--Trumbull chosen as
+    one of them--Chosen also to support Tilden's claim before the
+    electoral commission--His argument thereon--E. W. Stoughton, in
+    behalf of Hayes, contends that the returns of election certified
+    by the governor of a state must be accepted--Also that the
+    status of a governor recognized by the President of the United
+    States cannot be questioned--Both these contentions are
+    sustained by the Electoral Commission--By a vote of 8 to 7
+    Hayes is declared elected President--Trumbull's marriage to Miss
+    Mary Ingraham--He is nominated for governor of Illinois by the
+    Democrats in 1880--Is defeated by Shelby M. Cullom--My last
+    meeting with Trumbull at the World's Columbian
+    Exposition--Trumbull's professional services in the Debs
+    case--His public speech, after the case was decided--He sides
+    with the Populist party--Prepares their declaration of
+    principles in December, 1894--Text of the Declaration            407
+
+
+CHAPTER XXVIII
+
+CONCLUSION
+
+    Trumbull goes to Belleville to attend the funeral of Gustave
+    Koerner--Is taken with illness at hotel--On his return to his
+    home he is found to be suffering from an internal tumor--His
+    physicians decide that a surgical operation would be fatal--He
+    lingers till June 5, 1896--Dies in his eighty-third
+    year--Impressive funeral--His great qualities as a lawyer and
+    political debater--His conscientiousness and courage--His
+    generosity, and fondness for little children--His place in the
+    country's history--Eulogy by Joseph Medill, and other
+    contemporaries--Trumbull's estimate of Lincoln--His religious
+    views--His surviving family and descendants                      418
+
+
+INDEX                                                                433
+
+
+
+
+INTRODUCTION
+
+
+Events in the year 1854 brought into the field of national politics two
+members of the bar of southern Illinois who were destined to hold high
+places in the public councils--Abraham Lincoln and Lyman Trumbull. They
+were members of opposing parties, Lincoln a Whig, Trumbull a Democrat.
+Both were supporters of the compromise measures of 1850. These measures
+had been accepted by the great majority of the people, not as wholly
+satisfactory, but as preferable to never-ending turmoil on the slavery
+question. There had been a subsidence of anti-slavery propagandism in
+the North, following the Free Soil campaign of 1848. Hale and Julian
+received fewer votes in 1852 than Van Buren and Adams had received in
+the previous election. Franklin Pierce (Democrat) had been elected
+President of the United States by so large a majority that the Whig
+party was practically killed. President Pierce in his first message to
+Congress had alluded to the quieting of sectional agitation and had
+said: "That this repose is to suffer no shock during my official term,
+if I have the power to avert it, those who placed me here may be
+assured." Doubtless the Civil War would have come, even if Pierce had
+kept his promise instead of breaking it; for, as Lincoln said a little
+later: "A house divided against itself cannot stand."
+
+It was not at variance with itself on the slavery question solely. In
+fact, the North did not take up arms against slavery when the crisis
+came. A few men foresaw that a war raging around that institution would
+somehow and sometime give it its death-blow, but at the beginning the
+Northern soldiers marched with no intention of that kind. They had an
+eye single to the preservation of the Union. The uprising which followed
+the firing upon Fort Sumter was a passionate protest against the insult
+to the national flag. It betokened a fixed purpose to defend what the
+flag symbolized, and it was only slowly and hesitatingly that the
+abolition of slavery was admitted as a factor and potent issue in the
+Northern mind.
+
+It is true that the South seceded in order to preserve and extend
+slavery, but it was penetrated with the belief that it had a perfect
+right to secede--not merely the right of revolution which our ancestors
+exercised in separating from Great Britain, but a right under the
+Constitution.
+
+The states under the Confederation, during the Revolutionary period and
+later, were actually sovereign. The Articles of Confederation declared
+them to be so. When the Constitution was formed, the habit of state
+sovereignty was so strong that it was only with the greatest difficulty
+that its ratification by the requisite number of states could be
+obtained. John Quincy Adams said that it was "extorted from the grinding
+necessity of a reluctant people." The instrument itself provided a
+common tribunal (the Supreme Court) as arbiter for the decision of all
+disputed questions arising under the Constitution and laws of the United
+States. But it was not generally supposed that the jurisdiction of the
+court included the power to extinguish state sovereignty.[1]
+
+The first division of political parties under the new government was the
+outgrowth of emotions stirred by the French Revolution. The Republicans
+of the period, led by Jefferson, were ardent sympathizers with the
+uprising in France. The Federalists, who counted Washington, Hamilton,
+and John Adams as their representative men, were opposed to any
+connection with European strife, or to any fresh embroilment with
+England, growing out of it. The Alien and Sedition Laws were passed in
+order to suppress agitation tending to produce such embroilment.
+Jefferson met these laws with the "Resolutions of '98," which were
+adopted by the legislatures of Virginia and Kentucky. These resolutions
+affirmed the right of the separate states to judge of any infraction of
+the Constitution by the Federal Government and also of the mode and
+measure of redress--a claim which necessarily included the right to
+secede from the Union if milder measures failed. The Alien and Sedition
+Laws expired by their own limitation before any actual test of their
+validity took place.
+
+The next assertion of the right of the states to nullify the acts of the
+Federal Government came from a more northern latitude as a consequence
+of the purchase of Louisiana. This act alarmed the New England States.
+The Federalists feared lest the acquisition of this vast domain should
+give the South a perpetual preponderance and control of the Government.
+Since there was no clause in the Constitution providing for the
+acquisition of new territory (as President Jefferson himself conceded),
+they affirmed that the Union was a partnership and that a new partner
+could not be taken in without the consent of all the old ones, and that
+the taking in of a new one without such consent would release the old
+ones.
+
+Controversy on this theme was superseded a few years later by more acute
+sources of irritation--the Embargo and War of 1812. These events fell
+with great severity on the commerce of the Northern States, and led to
+the passage by the Massachusetts legislature of anti-Embargo
+resolutions, declaring that "when the national compact is violated and
+the citizens are oppressed by cruel and unauthorized law, this
+legislature is bound to interpose its power and wrest from the oppressor
+his victim." In this doctrine Daniel Webster concurred. In a speech in
+the House of Representatives, December 9, 1814, on the Conscription
+Bill, he said:
+
+     The operation of measures thus unconstitutional and illegal
+     ought to be prevented by a resort to other measures which are
+     both constitutional and legal. It will be the solemn duty of
+     the State Governments to protect their own authority over their
+     own militia and to interpose between their own citizens and
+     arbitrary power.... With the same earnestness with which I now
+     exhort you to forbear from these measures I shall exhort them
+     to exercise their unquestionable right of providing for the
+     security of their own liberties.[2]
+
+The anti-Embargo resolutions were followed by the refusal of both
+Massachusetts and Connecticut to allow federal officers to take command
+of their militia and by the call for the Hartford Convention. The latter
+body recommended to the states represented in it the adoption of
+measures to protect their citizens against forcible drafts,
+conscriptions, or impressments not authorized by the Constitution--a
+phrase which certainly meant that the states were to judge of the
+constitutionality of the measures referred to. The conclusion of peace
+with Great Britain put an end to this crisis before it came to blows.
+
+On February 26, 1833, Mr. Calhoun, following the Resolutions of '98,
+affirmed in the Senate the doctrine that the Government of the United
+States was a compact, by which the separate states delegated to it
+certain definite powers, reserving the rest; that whenever the general
+Government should assume the exercise of powers not so delegated, its
+acts would be void and of no effect; and that the said Government was
+not the sole judge of the powers delegated to it, but that, as in all
+other cases of compact among sovereign parties without any common judge,
+each had an equal right to judge for itself, as well of the infraction
+as of the mode and measures of redress. This was the stand which South
+Carolina took in opposition to the Force Bill of President Jackson's
+administration.[3]
+
+A state convention of South Carolina was called which passed an
+ordinance nullifying the tariff law of the United States and declaring
+that, if any attempt were made to collect customs duties under it by
+force, that state would consider herself absolved from all allegiance to
+the Union and would proceed at once to organize a separate government.
+President Jackson was determined to exercise force, and would have done
+so had not Congress, under the lead of Henry Clay, passed a compromise
+tariff bill which enabled South Carolina to repeal her ordinance and say
+that she had gained the substantial part of her contention.
+
+Despite the later speeches of Webster, the doctrine of nullification had
+a new birth in Massachusetts in 1845, the note of discord having been
+called forth by the proposed admission of Texas into the Union. In that
+year the legislature passed and the governor approved resolutions
+declaring that the powers of Congress did not embrace a case of the
+admission of a foreign state or a foreign territory into the Union by an
+act of legislation and "such an act would have no binding power whatever
+on the people of Massachusetts." This was a fresh outcropping of the
+bitterness which had prevailed in the New England States against the
+acquisition of Louisiana.
+
+Thus it appears that, although the Constitution did create courts to
+decide all disputes arising under it, the particularism which previously
+prevailed continued to exist. Nationalism was an aftergrowth proceeding
+from the habit into which the people fell of finding their common centre
+of gravity at Washington City, and of viewing it as the place where the
+American name and fame were embodied and emblazoned to the world. During
+the first half-century the North and the South were changing coats from
+time to time on the subject of state sovereignty, but meanwhile the
+Constitution itself was working silently and imperceptibly in the North
+to undermine particularism and to strengthen nationalism. It had
+accomplished its educational work in the early thirties when it found
+its complete expression in Webster's reply to Hayne. But the South
+believed just as firmly that Hayne was the victor in that contest, as
+the North believed that Webster was. Hayne's speech was not generally
+read in the North either then or later. It was not inferior, in the
+essential qualities of dignity, courtesy, legal lore, and oratorical
+force, to that of his great antagonist. Webster here met a foeman worthy
+of his steel.
+
+In the South the pecuniary interests bottomed on slavery offset and
+neutralized the unifying process that was ripening in the North. The
+slavery question entered into the debate between Webster and Calhoun in
+1833 sufficiently to show that it lay underneath the other questions
+discussed. Calhoun, in the speech referred to, reproached Forsyth, of
+Georgia, for dullness in not seeing how state rights and slavery were
+dovetailed together and how the latter depended on the former.
+
+That African slavery was the most direful curse that ever afflicted any
+civilized country may now be safely affirmed. It had its beginning in
+our country in the year 1619 at Jamestown, Virginia, where a Dutch
+warship short of provisions exchanged fourteen negroes for a supply
+thereof. Slavery of both Indians and negroes already existed in the West
+Indies and was regarded with favor by the colonists and their home
+governments. It began in Massachusetts in 1637 as a consequence of
+hostilities with the aborigines, the slaves being captives taken in war.
+They were looked upon by the whites as heathen and were treated
+according to precedents found in the Old Testament for dealing with the
+enemies of Jehovah. In order that they might not escape from servitude
+they were sent to the West Indies to be exchanged for negroes, and this
+slave trade was not restricted to captives taken in war, but was applied
+to any red men who could be safely seized and shipped away.
+
+From these small beginnings slavery spread over all the colonies from
+Massachusetts to Georgia and lasted in all of them for a century and a
+half, i.e., until after the close of the Revolutionary War. Then it
+began to lose ground in the Northern States. Public sentiment turned
+against it in Massachusetts, but all attempts to abolish it there by act
+of the legislature failed. Its death-blow was given by a judicial
+decision in 1783 in a case where a master was prosecuted, convicted, and
+fined forty shillings for beating a slave.[4]
+
+Public opinion sustained this judgment, although there had been no
+change in the law since the time when the Pequot Indians were sent by
+shiploads to the Bermudas to be exchanged for negroes. If masters could
+not punish their slaves in their discretion,--if slaves had any rights
+which white men were bound to respect,--slavery was virtually dead. No
+law could kill it more effectually.
+
+In one way and another the emancipation movement extended southward to
+and including Pennsylvania in the later years of the eighteenth century.
+Nearly all the statesmen of the Revolution looked upon the institution
+with disfavor and desired its extinction. Thomas Jefferson favored
+gradual emancipation in Virginia, to be coupled with deportation of the
+emancipated blacks, because he feared trouble if the two races were
+placed upon an equality in the then slaveholding states. He labored to
+prevent the extension of slavery into the new territories, and he very
+nearly succeeded. In the year 1784 he reported an ordinance in the
+Congress of the Confederation to organize all the unoccupied territory,
+both north and south of the Ohio River, in ten subdivisions, in all of
+which slavery should be forever prohibited, and this ordinance failed of
+adoption by only one vote. Six states voted in the affirmative. Seven
+were necessary. Only one representative of New Jersey happened to be
+present, whereas two was the smallest number that could cast the vote of
+any state. If one other member from New Jersey had been there, the
+Jeffersonian ordinance of 1784 would have passed; slavery would have
+been restricted to the seaboard states which it then occupied, and would
+never have drawn the sword against the Union, and the Civil War would
+not have taken place.[5]
+
+After the emancipation movement came to a pause, at the southern border
+of Pennsylvania, the fact became apparent that there was a dividing line
+between free states and slave states, and a feeling grew up in both
+sections that neither of them ought to acquire a preponderance of power
+and mastery over the other. The slavery question was not concerned with
+this dispute, but a habit grew up of admitting new states to the Union
+in pairs, in order to maintain a balance of power in the national
+Senate. Thus Kentucky and Vermont offset each other, then Tennessee and
+Ohio, then Louisiana and Indiana, then Mississippi and Illinois.
+
+In 1819, Alabama, a new slave state, was admitted to the Union and there
+was no new free state to balance it. The Territory of Missouri, in which
+slavery existed, was applying for admission also. While Congress was
+considering the Missouri bill, Mr. Tallmadge, of New York, with a view
+of preserving the balance of power, offered an amendment providing for
+the gradual emancipation of slaves in the proposed state, and
+prohibiting the introduction of additional slaves. This amendment was
+adopted by the House by a sectional vote, nearly all the Northern
+members voting for it and the Southern ones against it, but it was
+rejected by the Senate.
+
+In the following year the Missouri question came up afresh, and Senator
+Thomas, of Illinois, proposed, as a compromise, that Missouri should be
+admitted to the Union with slavery, but that in all the remaining
+territory north of 36 degrees and 30 minutes north latitude, slavery
+should be forever prohibited. This amendment was adopted in the Senate
+by 24 to 20, and in the House by 90 to 87. Of the affirmative votes in
+the House only fourteen were from the North, and nearly all of these
+fourteen members became so unpopular at home that they lost their seats
+in the next election. The Missouri Compromise was generally considered a
+victory for the South, but one great Southerner considered it the
+death-knell of the Union. Thomas Jefferson was still living, at the age
+of seventy-seven. He saw what this sectional rift portended, and he
+wrote to John Holmes, one of his correspondents, under date of April 22,
+1820:
+
+     This momentous question, like a fire-bell in the night,
+     awakened me and filled me with terror. I considered it at once
+     as the knell of the Union. It is hushed, indeed, for the
+     moment. But this is a reprieve only, not a final sentence. A
+     geographical line, coinciding with a marked principle, moral
+     and political, once conceived and held up to the angry passions
+     of men, will never be obliterated, and every new irritation
+     will mark it deeper and deeper.
+
+Nearly all of the emancipationists, during the decade following the
+adoption of the Compromise, were in the slaveholding states, since the
+evil had its seat there. The Colonization Society's headquarters were
+in Washington City. Its president, Bushrod Washington, was a Virginian,
+and James Madison, Henry Clay, and John Randolph, leading Southerners,
+were its active supporters. The only newspaper devoted specially to the
+cause (the _Genius of Universal Emancipation_), edited by Benjamin Lundy
+and William Lloyd Garrison, was published in the city of Baltimore. This
+paper was started in 1829, but it was short-lived. Mr. Garrison soon
+perceived that colonization, depending upon voluntary emancipation
+alone, would never bring slavery to an end, since emancipation was
+doubtful and sporadic, while the natural increase of slaves was certain
+and vastly greater than their possible deportation. For this reason he
+began to advocate emancipation without regard to colonization. This
+policy was so unpopular in Maryland and Virginia that his subscription
+list fell nearly to zero, and this compelled the discontinuance of the
+paper and his removal to another sphere of activity. He returned to his
+native state, Massachusetts, and there started another newspaper,
+entitled the _Liberator_, in 1831. The first anti-slavery crusade in the
+North thus had its beginning. It did not take the form of a political
+party. It was an agitation, an awakening of the public conscience. Its
+tocsin was immediate emancipation, as opposed to emancipation
+conditioned upon deportation.
+
+The slaveholders were alarmed by this new movement at the North. They
+thought that it aimed to incite slave insurrection. The governor of
+South Carolina made it the subject of a special message. The legislature
+of Georgia passed and the governor signed resolutions offering a reward
+of $5000 to anybody who would bring Mr. Garrison to that state to be
+tried for sedition. The mayor of Boston was urged by prominent men in
+the South to suppress the _Liberator_, although the paper was then so
+obscure at home that the mayor had never seen a copy of it, or even
+heard of its existence. The fact that there was any organized expression
+of anti-slavery thought anywhere was first made generally known at the
+North by the extreme irritation of the South; and when the temper of the
+latter became known, the vast majority of Northern people sided with
+their Southern brethren. They were opposed to anything which seemed
+likely to lead to slave insurrection or to a disruption of the Union.
+The abolitionist agitation seemed to be a provocation to both. Hence
+arose anger and mob violence against the abolitionists everywhere. This
+feeling took the shape of a common understanding not to countenance any
+discussion of the slavery question in any manner or anywhere. The
+execution of this tacit agreement fell for the most part into the hands
+of the disorderly element of society, but disapproval of the Garrisonian
+crusade was expressed by men of the highest character in the New England
+States, such as William Ellery Channing and Dr. Francis Wayland. The
+latter declined to receive the _Liberator_, when it was sent to him
+gratuitously.
+
+       *       *       *       *       *
+
+What was going on in the South during the thirties and forties of the
+last century? There were varying shades of opinion and mixed motives and
+fluctuating political currents. In the first place cotton-growing had
+been made profitable by the invention of the cotton-gin. This machine
+for separating the seeds from the fibre of the cotton plant caused an
+industrial revolution in the world, and its moral consequences were no
+less sweeping. It changed the slaveholder's point of view of the whole
+slavery question. The previously prevailing idea that slavery was
+morally wrong, and an evil to both master and slave, gradually gave way
+to the belief that it was beneficial to both, that it was an agency of
+civilization and a means of bringing the blessings of Christianity to
+the benighted African. This change of sentiment in the South, which
+became very marked in the early thirties, has been ascribed to the bad
+language of the abolitionists of the North. People said that the prime
+cause of the trouble was that Garrison and his followers did not speak
+easy. They were too vociferous. They used language calculated to make
+Southerners angry and to stir up slave insurrection. But how could
+anybody draw the line between different tones of voice and different
+forms of expression? Thomas Jefferson was not a speak-easy. He said that
+one hour of slavery was fraught with more misery than ages of that which
+led us to take up arms against Great Britain. If Garrison ever said
+anything more calculated to incite slaves to insurrection than that, I
+cannot recall it. On the other hand, Elijah Lovejoy, at Alton, Illinois,
+was a speak-easy. He did not use any violent language, but he was put to
+death by a mob for making preparations to publish a newspaper in which
+slavery should be discussed in a reasonable manner, if there was such a
+manner.
+
+Nevertheless, the Garrisonian movement was erroneously interpreted at
+the South as an attempt to incite slave insurrection with the attendant
+horrors of rapine and bloodshed. There were no John Browns then, and
+Garrison himself was a non-resistant, but since insurrection was a
+possible consequence of agitation, the Southern people demanded that the
+agitation should be put down by force. As that could not be done in any
+lawful way, and since unlawful means were ineffective, they considered
+themselves under a constant threat of social upheaval and destruction.
+The repeated declaration of Northern statesmen that there never would
+be any outside interference with slavery in the states where it existed,
+did not have any quieting effect upon them. The fight over the Missouri
+Compromise had convinced them that the North would prevent, if possible,
+the extension of slavery to the new territories, and that this meant
+confining the institution to a given space, where it would be eventually
+smothered. It might last a long time in its then boundaries, but it
+would finally reach a limit where its existence would depend upon the
+forbearance of its enemies. Then the question which perplexed Thomas
+Jefferson would come up afresh: "What shall be done with the blacks?"
+Mr. Garrott Brown, of Alabama, a present-day writer of ability and
+candor, thinks that the underlying question in the minds of the Southern
+people in the forties and fifties of the last century was not chiefly
+slavery, but the presence of Africans in large numbers, whether bond or
+free. This included the slavery question as a dollar-and-cent
+proposition and something more. Mrs. Fanny Kemble Butler, who lived on a
+Georgia plantation in the thirties, said that the chief obstacle to
+emancipation was the fact that every able-bodied negro could be sold for
+a thousand dollars in the Charleston market. Both fear and cupidity were
+actively at work in the Southern mind.
+
+In short, there was already an irrepressible conflict in our land,
+although nobody had yet used those words. There was a fixed opinion in
+the North that slavery was an evil which ought not to be extended and
+enlarged; that the same reasons existed for curtailing it as for
+stopping the African slave trade. There was a growing opinion in the
+South that such extension was a vital necessity and that the South in
+contending for it was contending for existence. The prevailing thought
+in that quarter was that the Southern people were on the defensive,
+that they were resisting aggression. In this feeling they were sincere
+and they gave expression to it in very hot temper.
+
+General W. T. Sherman, who was at the head of an institution of learning
+for boys in Louisiana in 1859, felt that he was treading on underground
+fires. In December of that year he wrote to Thomas Ewing, Jr.:
+
+     Negroes in the great numbers that exist here must of necessity
+     be slaves. Theoretical notions of humanity and religion cannot
+     shake the commercial fact that their labor is of great value
+     and cannot be dispensed with. Still, of course, I wish it never
+     had existed, for it does make mischief. No power on earth can
+     restrain opinion elsewhere and these opinions expressed beget a
+     vindictive feeling. The mere dread of revolt, sedition, or
+     external interference makes men, ordinarily calm, almost mad.
+     I, of course, do not debate the question, and moderate as my
+     views are, I feel that I am suspected, and if I do not actually
+     join in the praises of slavery I may be denounced as an
+     abolitionist.[6]
+
+FOOTNOTES:
+
+[1] Mr. H. C. Lodge, in his _Life of Daniel Webster_, says, touching the
+debate with Hayne in 1830:
+
+"When the Constitution was adopted by the votes of states at
+Philadelphia, and accepted by the votes of states in popular
+conventions, it is safe to say that there was not a man in the country,
+from Washington and Hamilton, on the one side, to George Clinton and
+George Mason, on the other, who regarded the new system as anything but
+an experiment entered upon by the states, and from which each and every
+state had the right to peaceably withdraw, a right which was very likely
+to be exercised."
+
+Mr. Gaillard Hunt, author of the _Life of James Madison_, and editor of
+his writings, has published recently a confidential memorandum dated May
+11, 1794, written by John Taylor of Caroline for Mr. Madison's
+information, giving an account of a long and solemn interview between
+himself and Rufus King and Oliver Ellsworth, in which the two latter
+affirmed that, by reason of differences of opinion between the East and
+the South, as to the scope and functions of government, the Union could
+not last long. Therefore they considered it best to have a dissolution
+at once, by mutual consent, rather than by a less desirable mode.
+Taylor, on the other hand, thought that the Union should be supported if
+possible, but if not possible he agreed that an amicable separation was
+preferable. Madison wrote at the bottom of this paper the words: "The
+language of K and E probably _in terrorem_," and laid it away so
+carefully that it never saw the light until the year 1905.
+
+[2] _Letters of Daniel Webster_, edited by C. W. Van Tyne, p. 67. Mr.
+Van Tyne says that Webster "here advocated a doctrine hardly
+distinguishable from nullification."
+
+[3] Referring to this speech of Calhoun and to Webster's reply, Mr.
+Lodge says:
+
+"Whatever the people of the United States understood the Constitution to
+mean in 1789, there can be no question that a majority in 1833 regarded
+it as a fundamental law and not a compact,--an opinion which has now
+become universal. But it was quite another thing to argue that what the
+Constitution had come to mean was what it meant when it was adopted."
+
+See also Pendleton's _Life of Alexander H. Stephens_, chap. XI.
+
+[4] G. H. Moore's _History of Slavery in Massachusetts_, p. 215.
+
+[5] Jefferson was cut to the heart by this failure. Commenting on an
+article entitled "États Unis" in the _Encylopédie_, written by M. de
+Meusnier, referring to his proposed anti-slavery ordinance, he said:
+
+"The voice of a single individual of the State which was divided, or one
+of those which were of the negative, would have prevented this
+abominable crime from spreading itself over the new country. Thus we see
+the fate of millions unborn hanging on the tongue of one man, and Heaven
+was silent in that awful moment."
+
+[6] _General W. T. Sherman as College President_, p. 88.
+
+
+
+
+THE LIFE OF LYMAN TRUMBULL
+
+
+
+
+CHAPTER I
+
+ANCESTRY AND EARLY LIFE
+
+
+The subject of this memoir was born in Colchester, Connecticut, October
+12, 1813. The Trumbull family was the most illustrious in the state,
+embracing three governors and other distinguished men. All were
+descendants of John Trumbull (or rather "Trumble"[7]), a cooper by
+trade, and his wife, Ellenor Chandler, of Newcastle, England, who
+migrated to Massachusetts in 1639, and settled first in Roxbury and
+removed to Rowley in the following year. Two sons were born to them in
+Newcastle-on-Tyne: Beriah, 1637 (died in infancy), and John, 1639.
+
+The latter at the age of thirty-one removed to Suffield, Connecticut. He
+married and had four sons: John, Joseph, Ammi, and Benoni.
+
+Captain Benoni Trumbull, married to Sarah Drake and settled in Lebanon,
+Connecticut, had a son, Benjamin, born May 11, 1712.
+
+This Benjamin, married to Mary Brown of Hebron, Connecticut, had a son,
+Benjamin, born December 19, 1735.
+
+This son was graduated at Yale College in 1759, and studied for the
+ministry; he was ordained in 1760 at North Haven, Connecticut, where he
+officiated nearly sixty years, his preaching being interrupted only by
+the Revolutionary War, in which he served both as soldier and as
+chaplain. He was the author of the standard colonial history of
+Connecticut. He was married to Miss Martha Phelps in 1760. They had two
+sons and five daughters.
+
+The elder son, Benjamin, born in North Haven, September 24, 1769, became
+a lawyer and married Elizabeth Mather, of Saybrook, Connecticut, March
+15, 1800, and settled in Colchester, Connecticut. The wife was a
+descendant of Rev. Richard Mather, who migrated from Liverpool, England,
+to Massachusetts in 1635, and was the father of Increase Mather and
+grandfather of Cotton Mather, both celebrated in the church history of
+New England. Eleven children were born to these parents, of whom Lyman
+was the seventh. This Benjamin Trumbull was a graduate of Yale College,
+representative in the legislature, judge for the probate districts of
+East Haddam and Colchester, and died in Henrietta, Jackson County,
+Michigan, June 14, 1850, aged eighty-one. His wife died October 20,
+1828, in her forty-seventh year. Lyman Trumbull was thus in the seventh
+generation of the Trumbulls in America.[8]
+
+Five brothers and two sisters of Lyman reached maturity. A family of
+this size could not be supported by the fees earned by a country lawyer
+in the early part of the nineteenth century. The only other resource
+available was agriculture. Thus the Trumbull children began life on a
+farm and drew their nourishment from the soil cultivated by their own
+labor. It is recorded that, although the father and the grandfather of
+Lyman were graduates of Yale College, chill penury prevented him from
+having similar advantages of education. His schooling was obtained at
+Bacon Academy, in Colchester, which was of high grade, and second only
+to Yale among the educational institutions of the state. Here the boy
+Lyman took the lessons in mathematics that were customary in the
+academies of that period, and became conversant with Virgil and Cicero
+in Latin and with Xenophon, Homer, and the New Testament in Greek.
+
+[Illustration: BIRTHPLACE OF LYMAN TRUMBULL, COLCHESTER, CONN.]
+
+The opportunities to put an end to one's existence are so common to
+American youth that it is cause for wonder that so many of them reach
+mature years. Young Trumbull was not lacking in such facilities. The
+following incident is well authenticated, being narrated in part in his
+own handwriting:
+
+     When about thirteen years old he was playing ball one cold day
+     in the family yard. The well had a low curbing around it and
+     was covered by a round flat stone with a round hole in the top
+     of it. He ran towards the well for the ball, which he picked up
+     and threw quickly. As he did so his foot slipped on the ice and
+     he went head first down the well. His recollection of the
+     immediate details is vague, but he did not break his neck or
+     stun himself on the rocky sides, but appears to have gone down
+     like a diver, and somehow managed to turn in the narrow space
+     and come up head first. The well had an old-fashioned sweep
+     with a bucket on it, which his brothers promptly lowered and he
+     was hoisted out, drenched and cold, but apparently not
+     otherwise injured.
+
+He attended school and worked on the farm until he was eighteen years of
+age when he earned some money by teaching the district school one year
+at Portland, Connecticut. At the age of nineteen he taught school one
+winter in New Jersey, returning to Colchester the following summer. He
+had established a character for rectitude, industry, modesty, sobriety,
+and good manners, so that when, in his twentieth year (1833), he decided
+to go to the state of Georgia to seek employment as a school-teacher,
+nearly all the people in the village assembled to wish him godspeed on
+that long journey, which was made by schooner, sailing from the
+Connecticut River to Charleston, South Carolina. The voyage was
+tempestuous but safe, and he arrived at Charleston with one hundred
+dollars in his pocket which his father had given him as a start in life.
+This money he speedily returned out of his earnings because he thought
+his father needed it more than himself.
+
+A memorandum made by himself records that "on the evening of the day
+when he arrived at Charleston a nullification meeting was held in a
+large warehouse. The building was crowded, so he climbed up on a beam
+overhead and from that elevated position overlooked a Southern audience
+and heard two of the most noted orators in the South, Governor Hayne,
+and John C. Calhoun, then a United States Senator. He remembers little
+of the impression they made upon a youth of twenty, except that he
+thought Hayne an eloquent speaker."
+
+From Charleston he went by railroad (the first one he had ever seen and
+one of the earliest put in operation in the United States) to a point on
+the Savannah River opposite Augusta, Georgia, and thence by stage to
+Milledgeville, which was then the capital of Georgia. From Milledgeville
+he walked seventy-five miles to Pike County, where he had some hope of
+finding employment. Being disappointed there he continued his journey
+on foot to Greenville, Meriwether County, where he had more success even
+than he had expected, for he obtained a position as principal of the
+Greenville Academy at a salary of two hundred dollars per year in
+addition to the fees paid by the pupils. This position he occupied for
+three years.
+
+While at Greenville he employed his leisure hours reading law in the
+office of Hiram Warner, judge of the superior court of Georgia,
+afterwards judge of the supreme court of the state and member of
+Congress. In this way he acquired the rudiments of the profession. As
+soon as he had gained sufficient capital to make a start in life
+elsewhere, he bought a horse, and, in March, 1837, took the trail
+through the "Cherokee Tract" toward the Northwest. This trail was a
+pathway formed by driving cattle and swine through the forest from
+Kentucky and Tennessee to Georgia. Dr. Parks, of Greenville, accompanied
+Trumbull during a portion of the journey. They traveled unarmed but
+safely, although Trumbull carried a thousand dollars on his person, the
+surplus earnings of his three years in Georgia. For a young man of
+twenty-four years without a family this was affluence in those days.
+
+Through Kentucky, Trumbull continued his journey without any companion
+and made his entrance into Illinois at Shawneetown, on the Ohio River,
+where he presented letters of introduction from his friends in Georgia
+and was cordially welcomed. After a brief stay at that place he
+continued his journey to Belleville, St. Clair County, bearing letters
+of introduction from his Shawneetown friends to Adam W. Snyder and
+Alfred Cowles, prominent members of the bar at Belleville. Both received
+him with kindness and encouraged him to make his home there. This he
+decided to do, but he first made a visit to his parental home in
+Colchester, going on horseback by way of Jackson, Michigan, near which
+town three of his older brothers, David, Erastus, and John, had settled
+as farmers.
+
+Returning to Belleville in August, 1837, he entered the law office of
+Hon. John Reynolds, ex-governor of the state, who was then a
+Representative in Congress and was familiarly known as the "Old Ranger."
+Reynolds held, at one time and another, almost every office that the
+people of Illinois could bestow, but his fame rests on historical
+writings composed after he had withdrawn from public life.[9]
+
+For how long a time Trumbull's connection with Governor Reynolds
+continued, our records do not say, but we know that he had an office of
+his own in Belleville three years later, and that his younger brother
+George had joined him as a student and subsequently became his partner.
+
+The practice of the legal profession in those days was accomplished by
+"riding on the circuit," usually on horseback, from one county seat to
+another, following the circuit judge, and trying such cases as could be
+picked up by practitioners en route, or might be assigned to them by the
+judge. Court week always brought together a crowd of litigants and
+spectators, who came in from the surrounding country with their teams
+and provisions, and often with their wives and children, and who lived
+in their own covered wagons. The trial of causes was the principal
+excitement of the year, and the opposing lawyers were "sized up" by
+juries and audience with a pretty close approach to accuracy. After
+adjournment for the day, the lawyers, judges, plaintiffs, defendants,
+and leading citizens mingled together in the country tavern, talked
+politics, made speeches or listened to them, cracked jokes and told
+stories till bedtime, and took up the unfinished lawsuit, or a new one,
+the next day. In short, court week was circus, theatre, concert, and
+lyceum to the farming population, but still more was it a school of
+politics, where they formed opinions on public affairs and on the mental
+calibre of the principal actors therein.
+
+Two letters written by Trumbull in 1837 to his father in Colchester have
+escaped the ravages of time. Neither envelopes nor stamps existed then.
+Each letter consisted of four pages folded in such a manner that the
+central part of the fourth page, which was left blank, received the
+address on one side and a wafer or a daub of sealing wax on the other.
+The rate of postage was twenty-five cents per letter, and the writers
+generally sought to get their money's worth by taking a large sheet of
+paper and filling all the available space. Prepayment of postage was
+optional, but the privilege of paying in advance was seldom availed of,
+the writers not incurring the risk of losing both letters and money.
+Irregularity in the mails is noted by Trumbull, who mentions that a
+letter from Colchester was fifteen days en route, while a newspaper made
+the same distance in ten.
+
+In a letter dated October 9, 1837, he tells his father that he is
+already engaged in a law case involving the ownership of a house. If he
+finds that he can earn his living in the practice of law, he shall like
+Belleville very much. In the same missive he tells his sister Julia that
+balls and cotillions are frequent in Belleville, and that he had
+attended one, but did not dance. It was the first time he had attended a
+social gathering since he left home in 1833. He adds, "There are more
+girls here than I was aware of. At the private party I attended, there
+were about fifteen, all residing in town." The writer was then at the
+susceptible age of twenty-four.
+
+The other letter gives an account of the Alton riot and the killing of
+Rev. Elijah P. Lovejoy. This is one of the few contemporary accounts we
+have of that shocking event. Although he was not an eye-witness of the
+riot, the facts as stated are substantially correct, and the comments
+give us a view of the opinions of the writer at the age of twenty-four,
+touching a subject in which he was destined to play an important part.
+The letter is subjoined:
+
+     BELLEVILLE, SUNDAY, Nov. 12, 1837.
+
+     DEAR FATHER: Since my last to you there has been a mob to put
+     down Abolitionism, in Alton, thirty-five miles northwest of
+     this place, in which two persons were killed and six or seven
+     badly wounded. The immediate cause of the riot was the attempt
+     by a Mr. Lovejoy to establish at Alton a religious newspaper in
+     which the principles of slavery were sometimes discussed. Mr.
+     Lovejoy was a Presbyterian minister and formerly edited a
+     newspaper in St. Louis, but having published articles in his
+     paper in relation to slavery which were offensive to the people
+     of St. Louis, a mob collected, broke open his office, destroyed
+     his press and type and scattered it through the streets.
+     Immediately after this transaction, which was about a year
+     since, Mr. Lovejoy left St. Louis, and removed to Alton, where
+     he attempted to re-establish his press, but he had not been
+     there long before a mob assembled there also, broke into his
+     office and destroyed his press. In a short time Mr. Lovejoy
+     ordered another press which, soon after its arrival in Alton,
+     was taken from the warehouse (where it was deposited), by a
+     mob, and in like manner destroyed. Again he ordered still
+     another press, which arrived in Alton on the night of the 7th
+     inst., and was safely deposited in a large stone warehouse four
+     or five storeys high.
+
+     Previous to the arrival of this press, the citizens of Alton
+     held several public meetings and requested Mr. L. to desist
+     from attempting to establish his press there, but he refused to
+     do so. Heretofore no resistance had ever been offered to the
+     mob, but on the night of the 8th inst., as it was supposed that
+     another attempt might possibly be made to destroy the press,
+     Mr. L. and some 18 or 20 of his friends armed themselves and
+     remained in the warehouse, where Mr. Gilman, one of the owners
+     of the house, addressed the mob from a window, and urged them
+     to desist, told them that there were several armed men in the
+     house and that they were determined to defend their property.
+     The mob demanded the press, which not being given them, they
+     commenced throwing stones at the house and attempted to get
+     into it. Those from within then fired and killed a man of the
+     name of Bishop. The mob then procured arms, but were unable to
+     get into the house. At last they determined on firing it, to
+     which end, as it was stone, they had to get on the roof, which
+     they did by means of a ladder. The firing during all this time,
+     said to be about an hour, was continued on both sides. Mr.
+     Lovejoy having made his appearance near one of the doors was
+     instantly shot down, receiving four balls at the same moment.
+     Those within agreed to surrender if their lives would be
+     protected, and soon threw open the doors and fled. Several
+     shots were afterward fired, but no one was seriously injured.
+     The fire was then extinguished and the press taken and
+     destroyed.
+
+     So ended this awful catastrophe which, as you may well suppose,
+     has created great excitement through this section of the
+     country. Mr. Lovejoy is said to have been a very worthy man,
+     and both friends and foes bear testimony to the excellence of
+     his private character. Here, the course of the mob is almost
+     universally reprobated, for whatever may have been the
+     sentiments of Mr. Lovejoy, they certainly did not justify the
+     mob taking his life. It is understood here that Mr. L. was
+     never in the habit of publishing articles of an insurrectionary
+     character, but he reasoned against slavery as being sinful, as
+     a moral and political evil.
+
+     His death and the manner in which he was slain will make
+     thousands of Abolitionists, and far more than his writings
+     would have made had he published his paper an hundred years.
+     This transaction is looked on here, as not only a disgrace to
+     Alton, but to the whole State. As much as I am opposed to the
+     immediate emancipation of the slaves and to the doctrine of
+     Abolitionism, yet I am more opposed to mob violence and
+     outrage, and had I been in Alton, I would have cheerfully
+     marched to the rescue of Mr. Lovejoy and his property.
+
+    Yours very affectionately,
+
+    LYMAN TRUMBULL.
+
+After three years of riding on the circuit, Trumbull was elected, in
+1840, a member of the lower house of the state legislature from St.
+Clair County. In politics he was a Democrat as was his father before
+him. This was the twelfth general assembly of the state. Among his
+fellow members were Abraham Lincoln, E. D. Baker, William A. Richardson,
+John J. Hardin, John. A. McClernand, William H. Bissell, Thomas
+Drummond, and Joseph Gillespie, all of whom were destined to higher
+positions.
+
+Trumbull was now twenty-seven years of age. He soon attracted notice as
+a debater. His style of speaking was devoid of ornament, but logical,
+clear-cut, and dignified, and it bore the stamp of sincerity. He had a
+well-furnished mind, and was never at loss for words. Nor was he ever
+intimidated by the number or the prestige of his opponents. He possessed
+calm intellectual courage, and he never declined a challenge to debate;
+but his manner toward his opponents was always that of a high-bred
+gentleman.
+
+On the 27th of February, 1841, Stephen A. Douglas, who was Trumbull's
+senior by six months, resigned the office of secretary of state of
+Illinois to take a seat on the supreme bench, and Trumbull was
+appointed to the vacancy. There had been a great commotion in state
+politics over this office before Trumbull was appointed to it. Under the
+constitution of the state, the governor had the right to appoint the
+secretary, but nothing was said in that instrument about the power of
+removal. Alexander P. Field had been appointed secretary by Governor
+Edwards in 1828, and had remained in office under Governors Reynolds and
+Duncan. Originally a strong Jackson man, he was now a Whig. When
+Governor Carlin (Democrat) was elected in 1838 he decided to make a new
+appointment, but Field refused to resign and denied the governor's right
+to remove him. The State Senate sided with Field by refusing to confirm
+the new appointee, John A. McClernand. After the adjournment of the
+legislature, the governor reappointed McClernand, who sued out a writ of
+_quo warranto_ to oust Field. The supreme court, consisting of four
+members, three of whom were Whigs, decided in favor of Field. The
+Democrats then determined to reform the judiciary. They passed a bill in
+the legislature adding five new judges to the supreme bench. "It was,"
+says historian Ford, "confessedly a violent and somewhat revolutionary
+measure and could never have succeeded except in times of great party
+excitement." In the mean time Field had retired and the governor had
+appointed Douglas secretary of state, and Douglas was himself appointed
+one of the five new members of the supreme court. Accordingly he
+resigned, after holding the office only two months, and Trumbull was
+appointed to the vacancy without his own solicitation or desire.
+
+Two letters written by Trumbull in 1842 acquaint us with the fact that
+his brother Benjamin had removed with his family from Colchester to
+Springfield and was performing routine duties in the office of the
+secretary of state, while Trumbull occupied his own time for the most
+part in the practice of law before the supreme court. He adds: "I make
+use of one of the committee rooms in the State House as a sleeping-room,
+so you see I almost live in the State House, and am the only person who
+sleeps in it. The court meets here and all the business I do is within
+the building." Not quite all, for in another letter (November 27, 1842)
+he confides to his sister Julia that a certain young lady in Springfield
+was as charming as ever, but that he had not offered her his hand in
+marriage, and that even if he should do so, it was not certain that she
+would accept it.
+
+Trumbull had held the office of secretary of state two years when his
+resignation was requested by Governor Carlin's successor in office,
+Thomas Ford, author of a _History of Illinois from 1814 to 1847_. In his
+book Ford tells his reasons for asking Trumbull's resignation. They had
+formed different opinions respecting an important question of public
+policy, and Trumbull, although holding a subordinate office, had made a
+public speech in opposition to the governor's views.[10] Of course he
+did this on his own responsibility as a citizen and a member of the same
+party as the governor. He acknowledged the governor's right to remove
+him, and he made no complaint against the exercise of it.
+
+The question of public policy at issue between Ford and Trumbull related
+to the State Bank, which had failed in February, 1842, and whose
+circulating notes, amounting to nearly $3,000,000, had fallen to a
+discount of fifty cents on the dollar. Acts legalizing the bank's
+suspension had been passed from time to time and things had gone from
+bad to worse. At this juncture a new bill legalizing the suspension for
+six months longer was prepared by the governor and at his instance was
+reported favorably by the finance committee of the House. Trumbull
+opposed this measure, and made a public speech against it. He maintained
+that it was disgraceful and futile to prolong the life of this bankrupt
+concern. He demanded that the bank be put in liquidation without further
+delay.
+
+When Trumbull's resignation as secretary became known, the Democratic
+party at the state capital was rent in twain. Thirty-two of its most
+prominent members, including Virgil Hickox, Samuel H. Treat, Ebenezer
+Peck, Mason Brayman, and Robert Allen, took this occasion to tender him
+a public dinner in a letter expressing their deep regret at his removal
+and their desire to show the respect in which they held him for his
+conduct of the office, and for his social and gentlemanly qualities. A
+copy of this invitation was sent to the _State Register_, the party
+organ, for publication. The publishers refused to insert it, on the
+ground that it "would lead to a controversy out of which no good could
+possibly arise, and probably much evil to _the cause_." Thereupon the
+signers of the invitation started a new paper under the watchword "Fiat
+Justitia, Ruat Coelum," entitled the _Independent Democrat_, of which
+Number 1, Volume 1, was a broadside containing the correspondence
+between Trumbull and the intending diners, together with sarcastic
+reflections on the time-serving publishers of the _State Register_.
+Trumbull's reply to the invitation, however, expressed his sincere
+regret that he had made arrangements, which could not be changed, to
+depart from Springfield before the time fixed for the dinner. He
+returned to Belleville and resumed the practice of his profession.
+
+Charles Dickens was then making his first visit to the United States,
+and he happened to pass through Belleville while making an excursion
+from St. Louis to Looking Glass Prairie. His party had arranged
+beforehand for a noonday meal at Belleville, of which place, as it
+presented itself to the eye of a stranger in 1842, he gives the
+following glimpse:
+
+     Belleville was a small collection of wooden houses huddled
+     together in the very heart of the bush and swamp. Many of them
+     had singularly bright doors of red and yellow, for the place
+     had lately been visited by a traveling painter "who got along,"
+     as I was told, "by eating his way." The criminal court was
+     sitting and was at that moment trying some criminals for
+     horse-stealing, with whom it would most likely go hard; for
+     live stock of all kinds, being necessarily much exposed in the
+     woods, is held by the community in rather higher value than
+     human life; and for this reason juries generally make a point
+     of finding all men indicted for cattle-stealing, guilty,
+     whether or no. The horses belonging to the bar, the judge and
+     witnesses, were tied to temporary racks set roughly in the
+     road, by which is to be understood a forest path nearly
+     knee-deep in mud and slime.
+
+     There was an hotel in this place which, like all hotels in
+     America, had its large dining-room for a public table. It was
+     an odd, shambling, low-roofed outhouse, half cow-shed and half
+     kitchen, with a coarse brown canvas tablecloth, and tin
+     sconces stuck against the walls, to hold candles at
+     supper-time. The horseman had gone forward to have coffee and
+     some eatables prepared and they were by this time nearly ready.
+     He had ordered "wheat bread and chicken fixings" in preference
+     to "corn bread and common doings." The latter kind of refection
+     includes only pork and bacon. The former comprehends broiled
+     ham, sausages, veal cutlets, steaks, and such other viands of
+     that nature as may be supposed by a tolerably wide poetical
+     construction "to fix" a chicken comfortably in the digestive
+     organs of any lady or gentleman.[11]
+
+A few months later, Trumbull made another journey to Springfield to be
+joined in marriage to Miss Julia M. Jayne, a daughter of Dr. Gershom
+Jayne, a physician of that city--a young lady who had received her
+education at Monticello Seminary, with whom he passed twenty-five years
+of unalloyed happiness. The marriage took place on the 21st of June,
+1843, and Norman B. Judd served as groomsman. Miss Jayne had served in
+the capacity of bridesmaid to Mary Todd at her marriage to Abraham
+Lincoln on the 4th of November preceding. There was a wedding journey to
+Trumbull's old home in Connecticut, by steamboat from St. Louis to
+Wheeling, Virginia, by stage over the mountains to Cumberland, Maryland,
+and thence by rail via Baltimore, Philadelphia, and New York. After
+visiting his own family, a journey was made to Mrs. Trumbull's relatives
+at Stockbridge, Massachusetts, including her great-grandfather, a marvel
+of industry and longevity, ninety-two years of age, a cooper by trade,
+who was still making barrels with his own hands. This fact is mentioned
+in a letter from Trumbull to his father, dated Barry, Michigan, August
+20, 1843, at which place he had stopped on his homeward journey to visit
+his brothers. One page of this letter is given up to glowing accounts
+of the infant children of these brothers. And here it is fitting to say
+that all these faded and time-stained epistles to his father and his
+brothers and sisters, from first to last, are marked by tender
+consideration and unvarying love and generosity. Not a shadow passed
+between them.
+
+The return journey from Michigan to Belleville was made by stage-coach.
+October 12, 1843, Mrs. Trumbull writes to her husband's sisters in
+Colchester that she has arrived in her new home. "We are boarding in a
+private family," she says, "have two rooms which Mrs. Blackwell, the
+landlady, has furnished neatly, and for my part, I am anticipating a
+very delightful winter. Lyman is now at court, which keeps him very much
+engaged, and I am left to enjoy myself as best I may until G. comes
+around this afternoon to play chess with me."
+
+May 4, 1844, the first child was born to Lyman and Julia Trumbull, a
+son, who took the name of his father, but died in infancy. July 2, 1844,
+Trumbull writes to his father that the most disastrous flood ever known,
+since the settlement of the country by the whites, has devastated the
+bottom lands of the Mississippi, Missouri, and Illinois Rivers. He also
+gives an account of the killing of Joseph Smith, the Mormon prophet, who
+was murdered by a mob in the jail at Carthage, Hancock County, after he
+had surrendered himself to the civil authorities on promise of a fair
+trial and protection against violence; and says that he has rented a
+house which he shall occupy soon, and invites his sister Julia to come
+to Belleville and make her home in his family.
+
+In 1845, Benjamin Trumbull, Sr., sold his place in Colchester and
+removed with his two daughters to Henrietta, Michigan, where three of
+his sons were already settled as farmers. It appears from letters that
+passed between the families that none of the brothers in Michigan kept
+horses, the farm work being done by oxen exclusively. The nearest church
+was in the town of Jackson, but the sisters were not able to attend the
+services for want of a conveyance. They were prevented by the same
+difficulty from forming acquaintances in their new habitat. In a letter
+to his father, dated October 26, Trumbull delicately alludes to the
+defect in the housekeeping arrangements in Michigan, and says that
+anything needed to make his father and sisters comfortable and
+contented, that he can supply, will never be withheld. His brother
+George writes a few days later offering a contribution of fifty dollars
+to buy a horse, saying that good ones can be bought in Illinois at that
+price. George adds: "Our papers say considerable about running Lyman for
+governor. No time is fixed for the convention yet, and I don't think he
+has made up his mind whether to be a candidate or not."
+
+The greatest drawback of the Trumbull family at this time, and, indeed,
+of all the inhabitants roundabout, was sickness. Almost every letter
+opened tells either of a recovery from a fever, or of sufferings during
+a recent one, or apprehensions of a new one and from these harassing
+visitations no one was exempt. In a letter of October 26 we read:
+
+     We have all been sick this fall and this whole region of
+     country has been more sickly than ever before known. George and
+     myself both had attacks of bilious fever early in September
+     which lasted about ten days. Since then Julia has had two
+     attacks, the last of which was quite severe and confined her to
+     the room nearly two weeks. I also have had a severe attack
+     about three weeks since, but it was slight. When I was sick we
+     sent over to St. Louis for Dr. Tiffany, and by some means the
+     news of our sending there, accompanied by a report that I was
+     much worse than was really the case, reached Springfield, and
+     Dr. and Mrs. Jayne came down post haste in about a day and a
+     half. When they got here, I was downstairs. They only staid
+     overnight and started back the next morning. They had heard
+     that I was not expected to live.
+
+In February, 1846, when Trumbull was in his thirty-third year, his
+friends presented his name to the Democratic State Convention for the
+office of governor of the state. A letter to his father gives the
+details of the balloting in the convention. Six candidates were voted
+for. On the first ballot he received 56 votes; the next highest
+candidate, Augustus C. French, had 47; and the third, John Calhoun, had
+44. The historian, John Moses, says that "the choice, in accordance with
+a line of precedents which seemed almost to indicate a settled policy,
+fell upon him who had achieved least prominence as a party leader, and
+whose record had been least conspicuous--Augustus C. French."
+
+A letter from Trumbull to his father says that his defeat was due to the
+influence of Governor Ford, whose first choice was Calhoun, but who
+turned his following over to French in order to defeat Trumbull. French
+was elected, and made a respectable governor. Calhoun subsequently went,
+in an official capacity, to Kansas, where he became noted as the chief
+ballot-box stuffer of the pro-slavery party in the exciting events of
+1856-58.
+
+A letter from Mrs. Trumbull to her father-in-law, May 4, 1846, mentions
+the birth of a second son (Walter), then two and a half months old. It
+informs him also that her husband has been nominated for Congress by the
+Democrats of the First District, the vote in the convention being, Lyman
+Trumbull, 24; John Dougherty, 5; Robert Smith, 8. The political issues
+in this campaign are obscure, but the result of the election was again
+adverse. The supporters of Robert Smith nominated him as a bolting
+candidate; the Whigs made no nomination, but supported Smith, who was
+elected.
+
+A letter written by Mrs. Trumbull at Springfield, December 16, 1846,
+mentions the first election of Stephen A. Douglas as United States
+Senator. "A party is to be given in his name," she says, "at the State
+House on Friday evening under the direction of Messrs. Webster and
+Hickox. The tickets come in beautiful envelopes, and I understand that
+Douglas has authorized the gentlemen to expend $50 in music, and
+directed the most splendid entertainment that was ever prepared in
+Springfield."
+
+A letter to Benjamin Trumbull, Sr., from his son of the same name, who
+was cultivating a small farm near Springfield, gives another glimpse of
+the family health record, saying that "both Lyman and George have had
+chills and fever two or three days this spring"; also, that "Lyman's
+child was feeble in consequence of the same malady; and that he
+[Benjamin] has been sick so much of the time that he could not do his
+Spring planting without hired help, for which Lyman had generously
+contributed $20, and offered more."
+
+May 13, 1847, Trumbull writes to his father that he intends to go with
+his family and make the latter a visit for the purpose of seeing the
+members of the family in Michigan; also in the hope of escaping the
+periodical sickness which has afflicted himself and wife and little boy,
+and almost every one in Belleville, during several seasons past. As this
+periodical sickness was chills and fever, we may assume that it was due
+to the prevalence of mosquitoes, of the variety _anopheles_. Half a
+century was still to pass ere medical science made this discovery, and
+delivered civilized society from the scourge called "malaria."
+
+The journey to Michigan was made. An account (dated Springfield, August
+1, 1847) of the return journey is interesting by way of contrast with
+the facilities for traveling existing at the present time.
+
+     We left Cassopolis Monday about ten o'clock and came the first
+     48 miles, which brought us to within five miles of La Porte.
+     The second night we passed at Battstown 45 miles on the road
+     from La Porte towards Joliet. The third night we passed at
+     Joliet, distance 40 miles. The fourth night we passed at
+     Pontiac, having traveled 60 miles to get to a stopping place,
+     and finding but a poor one at that. The fifth night we were at
+     Bloomington, distance 40 miles. The sixth day we traveled 43
+     miles and to within 18 miles of this place; the route we came
+     from Cassopolis to Springfield is 294 miles, and from Brother
+     David's about 386 miles. Our expenses for tavern bills from
+     David's to this place were $17.75. Pretty cheap, I think.
+
+Among other items of interest it may be noted that the rate of postage
+had been reduced to ten cents per letter, but stamps had not yet come
+into use. The earnings of the Trumbull law firm (Lyman and George) for
+the year 1847 were $2300.
+
+In 1847, a new constitution was adopted by the state of Illinois which
+reduced the number of judges of the supreme court from nine to three.
+The state was divided into three grand divisions, or districts, each to
+select one member of the court. After the first election one of the
+judges was to serve three years, one six years, and one nine years, at a
+compensation of $1200 per year each. These terms were to be decided by
+lot, and thereafter the term of each judge should be nine years.
+Trumbull was elected judge for the first or southern division in 1848.
+His colleagues, chosen at the same time, were Samuel H. Treat and John
+D. Caton. He drew the three years' term.
+
+In the year 1849, Trumbull bought a brick house and three acres of
+ground, with an orchard of fruit-bearing trees, in the town of Alton,
+Madison County, and removed thither with his family. In announcing this
+fact to his father the only reason he assigns for his change of
+residence is that the inhabitants of Alton are mostly from the Eastern
+States. Its population at that time was about 3000; that of Upper Alton,
+three miles distant, was 1000. The cost of house and ground, with some
+additions and improvements, was $2500, all of which was paid in cash out
+of his savings. Incidentally he remarks that he has never borrowed
+money, never been in debt, never signed a promissory note, and that he
+hopes to pass through life without incurring pecuniary liabilities.[12]
+
+From the tone of the letter in which his change of residence is
+announced, the inference is drawn that Trumbull had abandoned his law
+practice at Belleville with the expectation of remaining on the bench
+for an indefinite period. He accepted a reëlection as judge in 1852 for
+a term of nine years, yet he resigned a year and a half later because
+the salary was insufficient to support his family. Walter B. Scates was
+chosen as his successor on the supreme bench. Nearly forty-five years
+later, Chief Justice Magruder, of the Illinois supreme court, answering
+John M. Palmer's address presenting the memorial of the Chicago Bar
+Association on the life and services of Trumbull, recently deceased,
+said that no lawyer could read the opinions handed down by the dead
+statesman when on the bench, "without being satisfied that the writer
+of them was an able, industrious, and fair-minded judge. All his
+judicial utterances ... are characterized by clearness of expression,
+accuracy of statement, and strength of reasoning. They breathe a spirit
+of reverence for the standard authorities and abound in copious
+reference to those authorities.... The decisions of the court, when he
+spoke as its organ, are to-day regarded as among the most reliable of
+its established precedents."
+
+FOOTNOTES:
+
+[7] Stuart's _Life of Jonathan Trumbull_ says that the family name was
+spelled "Trumble" until 1766, when the second syllable was changed to
+"bull."
+
+[8] Joseph, the second son of the John above mentioned, who had settled
+in Suffield, Connecticut, in 1670, removed to Lebanon. He was the father
+of Jonathan Trumbull (1710-1785), who was governor of Connecticut during
+the Revolutionary War, and who was the original "Brother Jonathan," to
+whom General Washington gave that endearing title, which afterwards came
+to personify the United States as "John Bull" personifies England.
+(Stuart's _Jonathan Trumbull_, p. 697.) His son Jonathan (1740-1809) was
+a Representative in Congress, Speaker of the House, Senator of the
+United States, and Governor of Connecticut. John Trumbull (1756-1843),
+another son of "Brother Jonathan," was a distinguished painter of
+historical scenes and of portraits.
+
+[9] Reynolds wrote a _Pioneer History of Illinois from 1637 to 1818_,
+and also a larger volume entitled _My Own Times_. The latter is the more
+important of the two. Although crabbed in style, it is an admirable
+compendium of the social, political, and personal affairs of Illinois
+from 1800 to 1850. Taking events at random, in short chapters, without
+connection, circumlocution, or ornament, he says the first thing that
+comes into his mind in the fewest possible words, makes mistakes of
+syntax, but never goes back to correct anything, puts down small things
+and great, tells about murders and lynchings, about footraces in which
+he took part, and a hundred other things that are usually omitted in
+histories, but which throw light on man in the social state, all
+interspersed with sound and shrewd judgments on public men and events.
+
+[10] The following correspondence passed between them:
+
+    SPRINGFIELD, March 4, 1843.
+
+    LYMAN TRUMBULL, ESQ.,
+
+    DEAR SIR: It is my desire, in pursuance of the expressed wish of
+    the Democracy, to make a nomination of Secretary of State, and I
+    hope you will enable me to do so without embarrassing myself. I
+    am most respectfully,
+
+    Your obedient servant,
+
+    THOMAS FORD.
+
+    SPRINGFIELD, March 4, 1843.
+
+    TO HIS EXCELLENCY, THOMAS FORD:
+
+    SIR,--In reply to your note of this date this moment handed me,
+    I have only to state that I recognize fully your right, at any
+    time, to make a nomination of Secretary of State.
+
+    Yours respectfully,
+
+    LYMAN TRUMBULL.
+
+[11] _American Notes_, chap. XIII. The reason why horses were more
+precious than human life was that when the frontier farmer lost his
+work-team, he faced starvation. Both murder and horse-stealing were then
+capital offenses, the latter by the court of Judge Lynch.
+
+[12] Mr. Morris St. P. Thomas, a close friend of Trumbull in his latter
+years, a member of his law office, and administrator of his estate, made
+the following statement in an interview given at 107 Dearborn Street,
+Chicago, June 13, 1910: "Judge Trumbull once told me that he had never
+in his life given a promissory note. 'But you do not mean,' said I,
+'that in every purchase of real estate you ever made you paid cash
+down!' 'I do mean just that,' the Judge replied. 'I never in my life
+gave a promissory note.'"
+
+
+
+
+CHAPTER II
+
+SLAVERY IN ILLINOIS
+
+
+When the territory comprising the state of Illinois passed under control
+of the United States, negro slavery existed in the French villages
+situated on the so-called American Bottom, a strip of fertile land
+extending along the east bank of the Mississippi River from Cahokia on
+the north to Kaskaskia on the south, embracing the present counties of
+St. Clair, Monroe, and Randolph. The first European settlements had been
+made here about 1718, by colonists coming up the great river from
+Louisiana, under the auspices of John Law's Company of the Indies.
+
+The earlier occupation of the country by French explorers and Jesuit
+priests from Canada had been in the nature of fur-trading and religious
+propagandism, rather than permanent colonies, although marriages had
+been solemnized in due form between French men and Indian women, and a
+considerable number of half-breed children had been born. Five hundred
+negro slaves from Santo Domingo were sent up the river in 1718, to work
+any gold and silver mines that might be found in the Illinois country.
+In fact, slavery of red men existed there to some extent, before the
+Africans arrived, the slaves being captives taken in war.
+
+In 1784-85, Thomas Jefferson induced Rev. James Lemen, of Harper's
+Ferry, Virginia, to migrate to Illinois in order to organize opposition
+to slavery in the Northwest Territory and supplied him with money for
+that purpose. Mr. Lemen came to Illinois in 1786 and settled in what is
+now Monroe County. He was the founder of the first eight Baptist
+churches in Illinois, all of which were pledged to oppose the doctrine
+and practice of slavery. Governor William H. Harrison having forwarded
+petitions to Congress to allow slavery in the Northwest Territory,
+Jefferson wrote to Lemen to go, or send an agent, to Indiana, to get
+petitions signed in opposition to Harrison. Lemen did so. A letter of
+Lemen, dated Harper's Ferry, December 11, 1782, says that Jefferson then
+had the purpose to dedicate the Northwest Territory to freedom.[13]
+
+In 1787, Congress passed an ordinance for the government of the
+territory northwest of the river Ohio which had been ceded to the United
+States by Virginia. The sixth article of this ordinance prohibited
+slavery in said territory. Inasmuch as the rights of persons and
+property had been guaranteed by treaties when this region had passed
+from France to Great Britain and later to the United States, this
+article was generally construed as meaning that no more slaves should be
+introduced, and that all children born after the passage of the
+ordinance should be free, but that slaves held there prior to 1787
+should continue in bondage.
+
+Immigration was mainly from the Southern States. Some of the immigrants
+brought slaves with them, and the territorial legislature passed an act
+in 1812 authorizing the relation of master and slave under other names.
+It declared that it should be lawful for owners of negroes above fifteen
+years of age to take them before the clerk of the court of common pleas,
+and if a negro should agree to serve for a specified term of years, the
+clerk should record him or her as an "indentured servant." If the negro
+was under the age of fifteen, the owner might hold him without an
+agreement till the age of thirty-five if male, or thirty-two if female.
+Children born of negroes owing service by indenture should serve till
+the age of thirty if male, and till twenty-eight if female. This was a
+plain violation of the Ordinance of 1787 and was a glaring fraud in
+other respects. The negroes generally did not understand what they were
+agreeing to, and in cases where they did not agree the probable
+alternative was a sale to somebody in an adjoining slave state, so that
+they really had no choice. The state constitution, adopted in 1818,
+prohibited slavery, but recognized the indenture system by providing
+that male children born of indentured servants should be free at the age
+of twenty-one and females at the age of eighteen. The upshot of the
+matter was that there was just enough of the virus of slavery left to
+keep the caldron bubbling there for two generations after 1787, although
+the Congress of the Confederation supposed that they had then made an
+end of it.
+
+This arrangement did not satisfy either the incoming slave-owners or
+those already domiciled there. Persistent attempts were made while the
+country was still under territorial government, to procure from Congress
+a repeal of the sixth article of the Ordinance, but they were defeated
+chiefly by the opposition of John Randolph, of Roanoke, Virginia. After
+the state was admitted to the Union, the pro-slavery faction renewed
+their efforts. They insisted that Illinois had all the rights of the
+other states, and could lawfully introduce slavery by changing the
+constitution. They proposed, therefore, to call a new convention for
+this purpose. To do so would require a two-thirds vote of both branches
+of the legislature, and a majority vote of the people at the next
+regular election. A bill for this purpose was passed in the Senate by
+the requisite majority, but it lacked one vote in the House. To obtain
+this vote a member who had been elected and confirmed in his seat after
+a contest, and had occupied it for ten weeks, was unseated, and the
+contestant previously rejected was put in his place and gave the
+necessary vote. Reynolds, who was himself a convention man, says that
+"this outrage was a death-blow to the convention." He continues:
+
+     The convention question gave rise to two years of the most
+     furious and boisterous excitement that ever was visited on
+     Illinois. Men, women, and children entered the arena of party
+     warfare and strife, and families and neighborhoods were so
+     divided and furious and bitter against one another that it
+     seemed a regular civil war might be the result. Many personal
+     combats were indulged in on the question, and the whole country
+     seemed to be, at times, ready and willing to resort to physical
+     force to decide the contest. All the means known to man to
+     convey ideas to one another were resorted to and practiced with
+     energy. The press teemed with publications on the subject. The
+     stump orators were invoked, and the pulpit thundered with
+     anathemas against the introduction of slavery. The religious
+     community coupled freedom and Christianity together, which was
+     one of the most powerful levers used in the contest.
+
+At this time all the frontier communities were anxious to gain additions
+to their population. Immigration was eagerly sought. The arrivals were
+mostly from the Southern States, the main channels of communication
+being the converging rivers Ohio, Mississippi, Cumberland, and
+Tennessee. Many of these brought slaves, and since there was no security
+for such property in Illinois, they went onward to Missouri. One of the
+strongest arguments used by the convention party was, that if slavery
+were permitted, this tide of immigration would pour a stream of wealth
+into Illinois.
+
+Most of the political leaders and office-holders were convention men,
+but there were some notable exceptions, among whom were Edward Coles,
+governor of the state, and Daniel P. Cook, Representative in Congress,
+the former a native of Virginia, and the latter of Kentucky. Governor
+Coles was one of the Virginia abolitionists of early days, who had
+emancipated his own slaves and given them lands on which to earn their
+living. The governor gave the entire salary of his term of office
+($4000) for the expenses of the anti-convention contest, and his
+unceasing personal efforts as a speaker and organizer. Mr. Cook was a
+brilliant lawyer and orator, and the sole Representative of Illinois in
+Congress, where he was chairman of the Committee on Ways and Means, and
+where he cast the vote of Illinois for J. Q. Adams for President in
+1824. Cook County, which contains the city of Chicago, takes its name
+from him. He was indefatigable on the side of freedom in this campaign.
+Another powerful reinforcement was found in the person of Rev. John M.
+Peck, a Baptist preacher who went through the state like John the
+Baptist crying in the wilderness. He made impassioned speeches, formed
+anti-slavery societies, distributed tracts, raised money, held
+prayer-meetings, addressed Sunday Schools, and organized the religious
+sentiment of the state for freedom. He was ably seconded by Hooper
+Warren, editor of the Edwardsville _Spectator_. The election took place
+August 2, 1824, and the vote was 4972 for the convention, and 6640
+against it. In the counties of St. Clair and Randolph, which embraced
+the bulk of the French population, the vote was almost equally
+divided--765 for; 790 against.
+
+In 1850, both Henry Clay and Daniel Webster contended that Nature had
+interposed a law stronger than any law of Congress against the
+introduction of slavery into the territory north of Texas which we had
+lately acquired from Mexico. From the foregoing facts, however, it is
+clear that no law of Nature prevented Illinois from becoming a
+slaveholding state, but only the fiercest kind of political fighting and
+internal resistance. John Reynolds (and there was no better judge) said
+in 1854: "I never had any doubt that slavery would now exist in Illinois
+if it had not been prevented by the famous Ordinance" of 1787. The law
+of human greed would have overcome every other law, including that of
+Congress, but for the magnificent work of Edward Coles, Daniel P. Cook,
+John Mason Peck, Hooper Warren, and their coadjutors in 1824.
+
+The snake was scotched, not killed, by this election. There were no more
+attempts to legalize slavery by political agency, but persevering
+efforts were made to perpetuate it by judicial decisions resting upon
+old French law and the Territorial Indenture Act of 1812. Frequent law
+suits were brought by negroes, who claimed the right of freedom on the
+ground that their period of indenture had expired, or that they had
+never signed an indenture, or that they had been born free, or that
+their masters had brought them into Illinois after the state
+constitution, which prohibited slavery, had been adopted. In this
+litigation Trumbull was frequently engaged on the side of the colored
+people.
+
+In 1842, a colored woman named Sarah Borders, with three children, who
+was held under the indenture law by one Andrew Borders in Randolph
+County, escaped and made her way north as far as Peoria County. She and
+her children were there arrested and confined in a jail as fugitive
+slaves. They were brought before a justice of the peace, who decided
+that they were illegally detained and were entitled to their freedom. An
+appeal was taken by Borders to the county court, which reversed the
+action of the justice. The case eventually went to the supreme court,
+where Lyman Trumbull and Gustave Koerner appeared for the negro woman in
+December, 1843, and argued that slavery was unlawful in Illinois and had
+been so ever since the enactment of the Ordinance of 1787. The court
+decided against them.[14]
+
+Trumbull was not discouraged by the decision in this case. Shortly
+afterward he appeared before the supreme court again in the case of
+Jarrot _vs._ Jarrot, in which he won a victory which practically put an
+end to slavery in the state. Joseph Jarrot, a negro, sued his mistress,
+Julia Jarrot, for wages, alleging that he had been held in servitude
+contrary to law. The plaintiff's grandmother had been the slave of a
+Frenchman in the Illinois country before it passed under the
+jurisdiction of the United States. His mother and himself had passed by
+descent to Julia Jarrot, nobody objecting. Fifty-seven years had elapsed
+since the passage of the Ordinance of 1787 and twenty-six since the
+adoption of the state constitution, both of which had prohibited slavery
+in Illinois. The previous decisions in the court of last resort had
+generally sustained the claims of the owners of slaves held under the
+French régime and their descendants, and also those held under the
+so-called indenture system. Now, however, the court swept away the whole
+basis of slavery in the state, of whatever kind or description,
+declaring, as Trumbull had previously contended, that the Congress of
+the Confederation had full power to pass the Ordinance of 1787, that no
+person born since that date could be held as a slave in Illinois, and
+that any slave brought into the state by his master, or with the
+master's consent, since that date became at once free. It followed that
+such persons could sue and recover wages for labor performed under
+compulsion, as Joseph Jarrot did.
+
+This decision, which abolished slavery in Illinois _de facto_, was
+received with great satisfaction by the substantial and sober-minded
+citizens. Although the number of aggressive anti-slavery men in the
+state was small and of out-and-out abolitionists still smaller, there
+was a widespread belief that the lingering snaky presence of the
+institution was a menace to the public peace and a blot upon the fair
+fame of the state, and that it ought to be expunged once for all. The
+growth of public opinion was undoubtedly potent in the minds of the
+judges, but the untiring activity of the leading advocates in the cases
+of Borders, Jarrot, etc., should not be overlooked. On this subject Mr.
+Dwight Harris, in the book already cited, says:
+
+     The period of greatest struggle and of greatest triumph for the
+     anti-slavery advocates was that from 1840 to 1845. The contest
+     during these five years was serious and stubbornly carried on.
+     It involved talent, ingenuity, determination, and perseverance
+     on both sides. The abolitionists are to be accredited with
+     stirring up considerable interest over the state in some of the
+     cases. Southern sympathizers and the holders of indentured
+     servants in the southern portion of the state were naturally
+     considerably concerned in the decisions of the supreme court.
+     Still there seems to have been no widespread interest or
+     universal agitation in the state over this contest in the
+     courts. It was carried on chiefly through the benevolence of a
+     comparatively small number of citizens who were actuated by a
+     firm belief in the evils of slavery; while the brunt of the
+     fray fell to a few able and devoted lawyers.
+
+     Among these were G. T. M. Davis, of Alton, Nathaniel Niles, of
+     Belleville, Gustave Koerner, of Belleville, and Lyman Trumbull.
+     James H. Collins, a noted abolition lawyer of Chicago, should
+     also be highly praised for his work in the Lovejoy and Willard
+     cases, but to the other men the real victory is to be ascribed.
+     They were the most powerful friends of the negro, and lived
+     where their assistance could be readily secured. They told the
+     negroes repeatedly that they were free, urged them to leave
+     their masters, and fought their cases in the lower courts time
+     and time again, often without fees or remuneration. Chief among
+     them was Lyman Trumbull, whose name should be written large in
+     anti-slavery annals.
+
+     He was a lawyer of rare intellectual endowments, and of great
+     ability. He had few equals before the bar in his day. In
+     politics he was an old-time Democrat, with no leanings toward
+     abolitionism, but possessing an honest desire to see justice
+     done the negro in Illinois. It was a thankless task, in those
+     days of prejudice and bitter partisan feelings, to assume the
+     rôle of defender of the indentured slaves. It was not often
+     unattended with great risk to one's person, as well as to one's
+     reputation and business. But Trumbull did not hesitate to
+     undertake the task, thankless, discouraging, unremunerative as
+     it was, and to his zeal, courage, and perseverance, as well as
+     to his ability, is to be ascribed the ultimate success of the
+     appeal to the supreme court.
+
+     This disinterested and able effort, made in all sincerity of
+     purpose, and void of all appearance of self-elevation, rendered
+     him justly popular throughout the State, as well as in the
+     region of his home. The people of his district showed their
+     approval of his work and their confidence in his integrity by
+     electing him judge of the supreme court in 1848, and
+     Congressman from the Eighth District of Illinois by a handsome
+     majority in 1854, when it was well known that he was opposed to
+     the Kansas-Nebraska Bill.
+
+FOOTNOTES:
+
+[13] These facts are detailed in a paper contributed to the Illinois
+State Historical Society in 1908 by Joseph B. Lemen, of O'Fallon,
+Illinois.
+
+[14] _Negro Servitude in Illinois_, by N. Dwight Harris, p. 108.
+
+
+
+
+CHAPTER III
+
+FIRST ELECTION AS SENATOR
+
+
+The repeal of the Missouri Compromise was the cause of Trumbull's return
+to an active participation in politics. The prime mover in that
+disastrous adventure was Stephen A. Douglas, who had been Trumbull's
+predecessor in the office of secretary of state and also one of his
+predecessors on the supreme bench. He was now a Senator of the United
+States, and a man of world-wide celebrity. Born at Brandon, Vermont, in
+1813, he had lost his father before he was a year old. His mother
+removed with him to Canandaigua, New York, where he attended an academy
+and read law to some extent in the office of a local practitioner. At
+the age of twenty, he set out for the West to seek his fortune, and he
+found the beginnings of it at Winchester, Illinois, where he taught
+school for a living and continued to study law, as Trumbull was doing at
+the same time at Greenville, Georgia. He was admitted to the bar in
+1834. In 1835, he was elected state's attorney. Two years later he was
+elected a member of the legislature by the Democrats of Morgan County,
+and resigned the office he then held in order to take the new one. In
+1837, he was appointed by President Van Buren register of the land
+office at Springfield. In the same year he was nominated for Congress in
+the Springfield district before he had reached the legal age, but was
+defeated by the Whig candidate, John T. Stuart, by 35 votes in a total
+poll of 36,742.[15] In 1840, he was appointed secretary of state, and
+in 1841, elected a judge of the supreme court under the circumstances
+already mentioned. In 1843, he was elected to the lower house of
+Congress and was reëlected twice, but before taking his seat the third
+time he was chosen by the legislature, in 1846, Senator of the United
+States for the term beginning March 4, 1847, and was reëlected in 1852.
+In Congress he had taken an active part in the annexation of Texas, in
+the war with Mexico, in the Oregon Boundary dispute, and in the Land
+Grant for the Illinois Central Railway. In the Senate he held the
+position of Chairman of the Committee on Territories.
+
+In the Democratic party he had forged to the front by virtue of boldness
+in leadership, untiring industry, boundless ambition, and
+self-confidence, and horse-power. He had a large head surmounted by an
+abundant mane, which gave him the appearance of a lion prepared to roar
+or to crush his prey, and not seldom the resemblance was confirmed when
+he opened his mouth on the hustings or in the Senate Chamber. As stump
+orator, senatorial debater, and party manager he never had a superior in
+this country. Added to these gifts, he had a very attractive personality
+and a wonderful gift for divining and anticipating the drift of public
+opinion. The one thing lacking to make him a man "not for an age but for
+all time," was a moral substratum. He was essentially an opportunist.
+Although his private life was unstained, he had no conception of morals
+in politics, and this defect was his undoing as a statesman.
+
+On the 4th of January, 1854, Douglas reported from the Senate Committee
+on Territories a bill to organize the territory of Nebraska. It
+provided that said territory, or any portion of it, when admitted as a
+state or states, should be received into the Union with or without
+slavery, as their constitution might prescribe at the time of their
+admission. The Missouri Compromise Act of 1820, which applied to this
+territory, was not repealed by this provision, and it must have been
+plain to everybody that if slavery were excluded from the _territory_ it
+would not be there when the people should come together to form a
+_state_.
+
+Douglas did not at first propose to repeal the Missouri Compromise. He
+intended to leave the question of slavery untouched. He did not want to
+reopen the agitation, which had been mostly quieted by the Compromise of
+1850; but it soon became evident that if he were willing to leave the
+question in doubt, others were not. Dixon, of Kentucky, successor of
+Henry Clay in the Senate and a Whig in politics, offered an amendment to
+the bill proposing to repeal the Missouri Compromise outright. Douglas
+was rather startled when this motion was made. He went to Dixon's seat
+and begged him to withdraw his amendment, urging that it would reopen
+the controversies settled by the Compromise of 1850 and delay, if not
+prevent, the passage of any bill to organize the new territory. Dixon
+was stubborn. He contended that the Southern people had a right to go
+into the new territory equally with those of the North, and to take with
+them anything that was recognized and protected as property in the
+Southern States. Dixon's motion received immediate and warm support in
+the South.
+
+Two or three days later, Douglas decided to embody Dixon's amendment in
+his bill and take the consequences. His amended bill divided the
+territory in two parts, Kansas and Nebraska. The apparent object of
+this change was to give the Missourians a chance to make the
+southernmost one a slave state; but this intention has been controverted
+by Douglas's friends in recent years, who have brought forward a mass of
+evidence to show that he had other sufficient reasons for thus dividing
+the territory and hence that it must not be assumed that he intended
+that one of them should be a slave state. The evidence consists of a
+record of efforts put forth by citizens of western Iowa in 1853-54 to
+secure a future state on the opposite side of the Missouri River
+homogeneous with themselves, and to promote the building of a Pacific
+railway from some point near Council Bluffs along the line of the Platte
+River. These efforts were heartily seconded by Senators Dodge and Jones
+and Representative Henn, of Iowa. They labored with Douglas and secured
+his coöperation. So Douglas himself said when he announced the change in
+the bill dividing the territory into two parts.
+
+Most people at the present day, including myself, would be glad to
+concur with this view, but we must interpret Douglas's acts not merely
+by what he said in 1854, but also by what he said and did afterwards. In
+1856 he made an unjustifiable assault upon the New England Emigrant Aid
+Company, for sending settlers to Kansas, as they had a perfect right to
+do under the terms of the bill; and he apologized for, if he did not
+actually defend, the Missourian invaders who marched over the border in
+military array, took possession of the ballot boxes, elected a
+pro-slavery legislature, and then marched back boasting of their
+victory. Troubles multiplied in Douglas's pathway rapidly after he
+introduced his Nebraska Bill, and it is very likely that an equal
+division of the territory between the North and South seemed to him the
+safest way out of his difficulties. That was the customary way of
+settling disputes of this kind. We need not assume, however, that he
+intended to do more than give the Missourians a chance to make Kansas a
+slave state if they could, for Douglas was not a pro-slavery man at
+heart.
+
+Senator Thompson, of Kentucky, once alluded to the division of the
+territory embraced in the original Nebraska Bill into two territories,
+Kansas and Nebraska, showing that his understanding was that one should
+be a free state and the other a slave state, if the South could make it
+such. He said:
+
+     When the bill was first introduced in 1854 it provided for the
+     organization of but one territory. Whence it came or how it
+     came scarcely anybody knows, but the senator from Illinois (Mr.
+     Douglas) has always had the credit of its paternity. I believe
+     he acted patriotically for what he thought best and right. In a
+     short time, however, we found a provision for a division--for
+     two territories--Nebraska, the larger one, to be a free state,
+     and as to Kansas, the smaller one, repealing the Missouri
+     Compromise, we of the South taking our chance for it. That was
+     certainly a beneficial arrangement to the North and the bill
+     was passed in that way.[16]
+
+What were Douglas's reasons for repealing the Missouri Compromise? It
+was generally assumed that he did it in order to gain the support of the
+South in the next national convention of the Democratic party. In the
+absence of any other sufficient motive, this will probably be the
+verdict of posterity, although he always repelled that charge with heat
+and indignation. A more important question is whether there would have
+been any attempt to repeal it if Douglas had not led the way. This may
+be safely answered in the negative. The Southern Senators did not show
+any haste to follow Douglas at first. They generally spoke of the
+measure as a free-will offering of the North, both Douglas and Pierce
+being Northern men, and both being indispensable to secure its passage.
+Francis P. Blair, of Missouri, a competent witness, expressed the
+opinion that a majority of the Southern senators were opposed to the
+measure at first and were coerced into it by the fear that they would
+not be sustained at home if they refused an advantage offered to them by
+the North.[17]
+
+The Nebraska Bill passed the Senate by a majority of 22, and the House
+by a majority of 13. The Democratic party of the North was cleft in
+twain, as was shown by the division of their votes in the House: 44 to
+43. The bill would have been defeated had not the administration plied
+the party lash unmercifully, using the official patronage to coerce
+unwilling members. In this way did President Pierce redeem his pledge to
+prevent any revival of the slavery agitation during his term of office.
+
+When the bill actually passed there was an explosion in every Northern
+State. The old parties were rent asunder and a new one began to
+crystallize around the nucleus which had supported Birney, Van Buren,
+and Hale in the elections of 1844, 1848, and 1852. Both Abraham Lincoln
+and Lyman Trumbull were stirred to new activities. Both took the stump
+in opposition to the Nebraska Bill.
+
+Trumbull was now forty-one years of age. He had gained the confidence of
+the people among whom he lived to such a degree that his reëlection to
+the supreme bench in 1852 had been unanimous. He now joined with Gustave
+Koerner and other Democrats in organizing the Eighth Congressional
+District in opposition to Douglas and his Nebraska Bill. Although this
+district had been originally a slaveholding region, it contained a large
+infusion of German immigration, which had poured into it in the years
+following the European uprising of 1848. Of the thirty thousand Germans
+in Illinois in 1850, Reynolds estimated that fully eighteen thousand had
+settled in St. Clair County. These immigrants had at first attached
+themselves to the Democratic party, because its name signified
+government by the people. When, however, it became apparent to them that
+the Democratic party was the ally of slavery, they went over to the
+opposition in shoals, under the lead of Koerner and Hecker. Koerner was
+at that time lieutenant-governor of the state, and his separation from
+the party which had elected him made a profound impression on his fellow
+countrymen. Hecker was a fervid orator and political leader, and later a
+valiant soldier in the Union army.
+
+The Eighth Congressional District then embraced the counties of Bond,
+Clinton, Jefferson, Madison, Marion, Monroe, Randolph, St. Clair, and
+Washington. It was the strongest Democratic district in the state, but
+political parties had been thrown into such disorder by the Nebraska
+Bill that no regular nominations for Congress were made by either Whigs
+or Democrats. Trumbull announced himself as an anti-Nebraska Democratic
+candidate. He had just recovered from the most severe and protracted
+illness of his life and was in an enfeebled condition in consequence,
+but he made a speaking campaign throughout the district, and was elected
+by 7917 votes against 5306 cast for Philip B. Fouke, who ran
+independently as a Douglas Democrat. This victory defeated so many of
+the followers of Douglas who were candidates for the legislature that it
+became possible to elect a Senator of the United States in opposition to
+the regular Democracy.
+
+If political honors were awarded according to the rules of _quantum
+meruit_, Abraham Lincoln would have been chosen Senator as the successor
+of James Shields at this juncture, since he had contributed more than
+any other person to the anti-Nebraska victory in the state. He had been
+out of public life since his retirement from the lower house of Congress
+in 1848. Since then he had been a country lawyer with a not very
+lucrative practice, but a very popular story-teller. He belonged to the
+Whig party, and had followed Clay and Webster in supporting the
+Compromise measures of 1850, including the new Fugitive Slave Law, for,
+although a hater of slavery himself, he believed that the Constitution
+required the rendition of slaves escaping into the free states. He was
+startled by the repeal of the Missouri Compromise. Without that
+awakening, he would doubtless have remained in comparative obscurity. He
+would have continued riding the circuit in central Illinois, making a
+scanty living as a lawyer, entertaining tavern loungers with funny
+stories, and would have passed away unhonored and unsung. He was now
+aroused to new activity, and when Douglas came to Springfield at the
+beginning of October to defend his Nebraska Bill on the hustings,
+Lincoln replied to him in a great speech, one of the world's
+masterpieces of argumentative power and moral grandeur, which left
+Douglas's edifice of "Popular Sovereignty" a heap of ruins. This was the
+first speech made by him that gave a true measure of his qualities. It
+was the first public occasion that laid a strong hold upon his
+conscience and stirred the depths of his nature. It was also the first
+speech of his that the writer of this book, then twenty years of age,
+ever listened to. The impression made by it has lost nothing by the
+lapse of time. In Lincoln's complete writings it is styled the Peoria
+speech of October 16, 1854, as it was delivered at Peoria, after the
+Springfield debate, and subsequently written out by Lincoln himself for
+publication in the _Sangamon Journal_. The Peoria speech contained a few
+passages of rejoinder to Douglas's reply to his Springfield speech. In
+other respects they were the same.[18]
+
+It was this speech that drew upon Lincoln the eyes of the scattered
+elements of opposition to Douglas. These elements were heterogeneous and
+in part discordant. The dividing line between Whigs and Democrats still
+ran through every county in the state, but there was a third element,
+unorganized as yet, known as "Free-Soilers," who traced their lineage
+back to James G. Birney and the campaign of 1844. These were numerous
+and active in the northern counties, but south of the latitude of
+Springfield they dwindled away rapidly. The Free-Soilers served as a
+nucleus for the crystallization of the Republican party two years later,
+but in 1854 the older organizations, although much demoralized, were
+still unbroken. Probably three fourths of the Whigs were opposed to the
+Nebraska Bill in principle, and half of the remainder were glad to avail
+themselves of any rift in the Democratic party to get possession of the
+offices. There was still a substantial fraction of the party, however,
+which feared any taint of abolitionism and was likely to side with
+Douglas in the new alignment.
+
+The legislature consisted of one hundred members--twenty-five senators
+and seventy-five representatives. Twelve of the senators had been
+elected in 1852 for a four years' term, and thirteen were elected in
+1854. Among the former were N. B. Judd, of Chicago, John M. Palmer, of
+Carlinville, and Burton C. Cook, of Ottawa, three Democrats who had
+early declared their opposition to the Nebraska Bill. The full Senate
+was composed of nine Whigs, thirteen regular Democrats, and three
+anti-Nebraska Democrats. A fourth holding-over senator (Osgood,
+Democrat) represented a district which had given an anti-Nebraska
+majority in this election. One of the Whig members (J. L. D. Morrison)
+of St. Clair County was elected simultaneously with Trumbull, but he was
+a man of Southern affiliations and his vote on the senatorial question
+was doubtful.
+
+At this time there was no law compelling the two branches of a state
+legislature to unite in an election to fill a vacancy in the Senate of
+the United States. Accordingly, when one party controlled one branch of
+the legislature and the opposite party controlled the other, it was not
+uncommon for the minority to refuse to go into joint convention. This
+was the case now. In order to secure a joint meeting, it was necessary
+for at least one Democrat to vote with the anti-Nebraska members. Mr.
+Osgood did so.
+
+In the House were forty-six anti-Nebraska men of all descriptions and
+twenty-eight Democrats. One member, Randolph Heath, of the Lawrence and
+Crawford District, did not vote in the election for Senator at any time.
+Two members from Madison County, Henry L. Baker and G. T. Allen, had
+been elected on the anti-Nebraska ticket with Trumbull.
+
+In the chaotic condition of parties it was not to be expected that all
+the opponents of Douglas would coalesce at once. The Whig party was held
+together by the hope of reaping large gains from the division of the
+Democrats on the Nebraska Bill. This was a vain hope, because the Whigs
+were divided also; but while it existed it fanned the flame of old
+enmities. Moreover, the anti-Nebraska Democrats in the campaign had
+claimed that they were the true Democracy and that they were purifying
+the party in order to preserve and strengthen it. They could not
+instantly abandon that claim by voting for a Whig for the highest office
+to be filled.
+
+The two houses met in the Hall of Representatives on February 8, 1855,
+to choose a Senator. Every inch of space on the floor and lobby was
+occupied by members and their political friends, and the gallery was
+adorned by well-dressed women, including Mrs. Lincoln and Mrs. Matteson,
+the governor's wife, and her fair daughters. The senatorial election had
+been the topic of chief concern throughout the state for many months,
+and now the interest was centred in a single room not more than one
+hundred feet square. The excitement was intense, for everybody knew the
+event was fraught with consequences of great pith and moment, far
+transcending the fate of any individual.
+
+Mr. Lincoln had been designated as the choice of a caucus of about
+forty-five members, including all the Whigs and most of the
+Free-Soilers, with their leader, Rev. Owen Lovejoy, brother of the Alton
+martyr.
+
+When the joint convention had been called to order, General James
+Shields was nominated by Senator Benjamin Graham, Abraham Lincoln by
+Representative Stephen T. Logan, and Lyman Trumbull by Senator John M.
+Palmer. The first vote resulted as follows:
+
+    Lincoln           45
+    Shields           41
+    Trumbull           5
+    Scattering         8
+                      --
+    Total             99
+
+Several members of the House who had been elected as anti-Nebraska
+Democrats voted for Lincoln and a few for Shields. The vote for Trumbull
+consisted of Senators Palmer, Judd, and Cook and Representatives Baker
+and Allen.
+
+On the second vote, Lincoln had 43 and Trumbull 6, and there were no
+other changes. A third roll-call resulted like the second. Thereupon
+Judge Logan moved an adjournment, but this was voted down by 42 to 56.
+On the fourth call, Lincoln's vote fell to 38 and Trumbull's rose to 11.
+On the sixth, Lincoln lost two more, and Trumbull dropped to 8.
+
+It now became apparent by the commotion on the Democratic side of the
+chamber that a flank movement was taking place. There had been a rumor
+on the streets that if the reëlection of Shields was found to be
+impossible, the Democrats would change to Governor Matteson, under the
+belief that since he had never committed himself to the Nebraska Bill he
+would be able, by reason of personal and social attachments, to win the
+votes of several anti-Nebraska Democrats who had not voted for Shields.
+This scheme was developed on the seventh call, which resulted as
+follows:
+
+    Matteson          44
+    Lincoln           38
+    Trumbull           9
+    Scattering         7
+                      --
+    Total             98
+
+On the eighth call, Matteson gained two votes, Lincoln fell to 27, and
+Trumbull received 18. On the ninth and tenth, Matteson had 47, Lincoln
+dropped to 15, and Trumbull rose to 35.
+
+The excitement deepened, for it was believed that the next vote would be
+decisive. Matteson wanted only three of a majority, and the only way to
+prevent it was to turn Lincoln's fifteen to Trumbull, or Trumbull's
+thirty-five to Lincoln. Obviously the former was the only safe move, for
+none of Lincoln's men would go to Matteson in any kind of shuffle,
+whereas three of Trumbull's men might easily be lost if an attempt were
+made to transfer them to the Whig leader. Lincoln was the first to see
+the imminent danger and the first to apply the remedy. In fact he was
+the only one who could have done so, since the fifteen supporters who
+still clung to him would never have left him except at his own request.
+He now besought his friends to vote for Trumbull. Some natural tears
+were shed by Judge Logan when he yielded to the appeal. He said that the
+demands of principle were superior to those of personal attachment, and
+he transferred his vote to Trumbull. All of the remaining fourteen
+followed his example, and there was a gain of one vote that had been
+previously cast for Archibald Williams. So the tenth and final
+roll-call gave Trumbull fifty-one votes, and Matteson forty-seven. One
+member still voted for Williams and one did not vote at all. Thus the
+one hundred members of the joint convention were accounted for, and
+Trumbull became Senator by a majority of one.
+
+This result astounded the Democrats. They were more disappointed by it
+than they would have been by the election of Lincoln. They regarded
+Trumbull as an arch traitor. That he and his fellow traitors Palmer,
+Judd, and Cook should have carried off the great prize was an unexpected
+dose; but they did not know how bitter it was until Trumbull took his
+seat in the Senate and opened fire on the Nebraska Bill.
+
+Lincoln took his defeat in good part. Later in the evening there was a
+reception given at the house of Mr. Ninian Edwards, whose wife was a
+sister of Mrs. Lincoln. He had been much interested in Lincoln's success
+and was greatly surprised to hear, just before the guests began to
+arrive, that Trumbull had been elected. He and his family were easily
+reconciled to the result, however, since Mrs. Trumbull had been from
+girlhood a favorite among them. When she and Trumbull arrived, they were
+naturally the centre of attraction. Mr. and Mrs. Lincoln came in a
+little later. The hostess and her daughters greeted them most cordially,
+saying that they had wished for his success, and that while he must be
+disappointed, yet he should bear in mind that his principles had won.
+Mr. Lincoln smiled, moved toward the newly elected Senator, and saying,
+"Not _too_ disappointed to congratulate my friend Trumbull," warmly
+shook his hand.
+
+Lincoln's account of this election, in a letter to Hon. E. B. Washburne,
+concludes by saying:
+
+     I regret my defeat moderately, but I am not nervous about it.
+     I could have headed off every combination and been elected had
+     it not been for Matteson's double game--and his defeat now
+     gives me more pleasure than my own gives me pain. On the whole,
+     it was perhaps as well for our general cause that Trumbull is
+     elected. The Nebraska men confess that they hate it worse than
+     anything that could have happened. It is a great consolation to
+     see them worse whipped than I am. I tell them it is their own
+     fault--that they had abundant opportunity to choose between him
+     and me, which they declined, and instead forced it on me to
+     decide between him and Matteson.
+
+There is no evidence that Trumbull took any steps whatever to secure his
+own election in this contest.[19]
+
+If Lincoln had been chosen at this time, his campaign against Douglas
+for the Senate in 1858 would not have taken place. Consequently he would
+not have been the cynosure of all eyes in that spectacular contest. It
+was Douglas's prestige and prowess that drew him into the limelight at
+that important juncture, and made his nomination as President possible
+in 1860.
+
+FOOTNOTES:
+
+[15] The Journal of the Illinois State Historical Society for October,
+1912, contains an autobiography of Stephen A. Douglas, of fifteen pages,
+dated September, 1838, which was recently found in his own handwriting
+by his son, Hon. Robert M. Douglas, of North Carolina. It terminates
+just before his first campaign for Congress.
+
+[16] _Cong. Globe_, July, 1856, Appendix, p. 712.
+
+[17] Letter to the _Missouri Democrat_, dated March 1, 1856, quoted in
+P. Ormon Ray's _Repeal of the Missouri Compromise_, p. 232.
+
+[18] Some testimony as to the effect produced upon Douglas himself by
+this speech was supplied to me long afterwards from a trustworthy
+quarter in the following letter:--
+
+    NEW YORK, Dec. 7, 1908.
+
+    MY DEAR MR. WHITE:
+
+    In 1891, at his office in Chicago, Mr. W. C. Gowdy told me that
+    Judge Douglas spent the night with him at his house preceding
+    his debate with Mr. Lincoln; that after the evening meal Judge
+    Douglas exhibited considerable restlessness, pacing back and
+    forth upon the floor of the room, evidently with mental
+    preoccupation. The attitude of Judge Douglas was so unusual that
+    Mr. Gowdy felt impelled to address him, and said: "Judge
+    Douglas, you appear to be ill at ease and under some mental
+    agitation; it cannot be that you have any anxiety with reference
+    to the outcome of the debate you are to have with Mr. Lincoln;
+    you cannot have any doubt of your ability to dispose of him."
+
+    Whereupon Judge Douglas, stopping abruptly, turned to Mr. Gowdy
+    and said, with great emphasis: "Yes, Gowdy, I am troubled over
+    the progress and outcome of this debate. I have known Lincoln
+    for many years, and I have continually met him in debate. I
+    regard him as the most difficult and dangerous opponent that I
+    have ever met and I have serious misgivings as to what may be
+    the result of this joint debate."
+
+    These in substance, and almost in exact phraseology, are the
+    words repeated to me by Mr. Gowdy. Faithfully yours,
+
+    FRANCIS LYNDE STETSON.
+
+Mr. Gowdy was a state senator in 1854 and his home was at or near
+Peoria. There was no joint debate between Lincoln and Douglas at or near
+Gowdy's residence, except that of 1854.
+
+[19] The following manuscript, written by one of Lincoln's supporters
+who was himself a member of the legislature, was found among the papers
+of William H. Herndon:
+
+    "In the contest for the United States Senate in the winter of
+    1854-55 in the Illinois Legislature, nearly all the Whigs and
+    some of the '_anti-Nebraska Democrats_' preferred Mr. Lincoln to
+    any other man. Some of them (and myself among the number) had
+    been candidates and had been elected by the people for the
+    express purpose of doing all in their power for his election,
+    and a great deal of their time during the session was taken up,
+    both in caucus and out of it, in laboring to unite the
+    anti-Nebraska party on their favorite, but there was from the
+    first, as the result proved, an insuperable obstacle to their
+    success. Four of the anti-Nebraska Democrats had been elected in
+    part by Democrats, and they not only personally preferred Mr.
+    Trumbull, but considered his election necessary to consolidate
+    the union between all those who were opposed to repeal of the
+    Missouri Compromise and to the new policy upon the subject of
+    slavery which Mr. Douglas and his friends were laboring so hard
+    to inaugurate. They insisted that the election of Mr. Trumbull
+    to the Senate would secure thousands of Democratic votes to the
+    anti-Nebraska party who would be driven off by the election of
+    Mr. Lincoln--that the Whig party were nearly a unit in
+    opposition to Mr. Douglas, so that the election of the favorite
+    candidate of the majority would give no particular strength in
+    that quarter, and they manifested a fixed purpose to vote
+    steadily for Mr. Trumbull and not at all for Mr. Lincoln, and
+    thus compel the friends of Mr. Lincoln to vote for their man to
+    prevent the election of Governor Matteson, who, as was
+    ascertained, could, after the first few ballots, carry enough
+    anti-Nebraska men to elect him. These four men were Judd, of
+    Cook, Palmer, of Macoupin, Cook, of LaSalle, and Baker, of
+    Madison. Allen, of Madison, went with them, but was not
+    inflexible, and would have voted for Lincoln cheerfully, but did
+    not want to separate from his Democratic friends. These men kept
+    aloof from the caucus of both parties during the winter. They
+    would not act with the Democrats from principle, and would not
+    act with the Whigs from policy.
+
+    "When the election came off, it was evident, after the first two
+    or three ballots, that Mr. Lincoln could not be elected, and it
+    was feared that if the balloting continued long, Governor
+    Matteson would be elected. Mr. Lincoln then advised his friends
+    to vote for Mr. Trumbull; they did so, and elected him.
+
+    "Mr. Lincoln was very much disappointed, for I think that at
+    that time it was the height of his ambition to get into the
+    United States Senate. He manifested, however, no bitterness
+    towards Mr. Judd or the other anti-Nebraska Democrats, by whom
+    practically he was beaten, but evidently thought that their
+    motives were right. _He told me several times afterwards that
+    the election of Trumbull was the best thing that could have
+    happened._
+
+    "There was a great deal of dissatisfaction throughout the state
+    at the result of the election. The Whigs constituted a vast
+    majority of the anti-Nebraska party. They thought they were
+    entitled to the Senator and that Mr. Lincoln by his contest with
+    Mr. Douglas had caused the victory. Mr. Lincoln, however,
+    generously exonerated Mr. Trumbull and his friends from all
+    blame in the matter. Trumbull's first encounter with Douglas in
+    the Senate filled the people of Illinois with admiration for his
+    abilities, and the ill-feeling caused by his election gradually
+    faded away.
+
+    "SAM C. PARKS."
+
+
+
+
+CHAPTER IV
+
+THE KANSAS WAR
+
+
+Trumbull took his seat in the Senate at the first session of the
+Thirty-fourth Congress, December 3, 1855. His credentials were presented
+by Senator Crittenden, of Kentucky. Senator Cass, of Michigan, presented
+a protest from certain members of the legislature of Illinois reciting
+that the constitution of that state made the judges of the supreme and
+circuit courts ineligible to any other office in the state, or in the
+United States, during the terms for which they were elected and one year
+thereafter; affirming that Trumbull was elected judge of the supreme
+court June 7, 1852, for the term of nine years and entered upon the
+duties of that office June 24, 1852; that the said term of office would
+not expire until 1861; and that, therefore, he was not legally elected a
+Senator of the United States. The papers were eventually referred to the
+Committee on the Judiciary, but in the mean time Trumbull was sworn in.
+Before the question of reference was disposed of, however, Senator
+Seward contended that no state could fix or define the qualifications of
+a Senator of the United States. He instanced the case of N. P.
+Tallmadge, who had been elected a Senator from New York while serving as
+a member of the legislature of that state, although the constitution of
+New York disqualified him and all other members from such election.
+Tallmadge was nevertheless admitted to the Senate and served his full
+term. Trumbull's right to his seat was decided in accordance with that
+precedent by a vote of 35 to 8, on the 5th of March, 1856. Senator
+Douglas did not vote on this question, nor did he take part in the
+argument on it.
+
+The subject of burning interest in Congress was the condition of affairs
+in Kansas Territory. When the bill repealing the Missouri Compromise was
+pending, the opinion had been generally expressed by its supporters that
+slavery never would or could go into that region. Several Southern
+Senators and most of the Northern Democrats had held this view. Hunter,
+of Virginia, considered it utterly hopeless to expect that either Kansas
+or Nebraska would ever be a slaveholding state. Badger, of North
+Carolina, said that he had no more idea of seeing a slave population in
+either of them than he had of seeing it in Massachusetts. Dixon, of
+Kentucky, held a similar view. Nor is there any reason to doubt the
+sincerity of these men. Apparently the only Southern Senator who then
+cherished a different belief was Atchison, of Missouri, whose home was
+on the border of Kansas and whose opinions were based upon personal
+knowledge and backed by self-interest.
+
+President Pierce appointed Andrew H. Reeder, of Pennsylvania, governor
+of Kansas Territory. Reeder was not unwilling to coöperate with the
+South in establishing slavery in an orderly way, but was quite
+unprepared for the tactics which had been planned by others to expedite
+his movements. He called an election for a delegate in Congress to be
+held on the 29th of November, 1854. An organized army of Missourians
+marched over the Kansas border, seized the polling-places, and cast 1749
+fraudulent votes for a pro-slavery man named Whitfield. This was a
+gratuitous and unnecessary act of violence, since the bona-fide settlers
+from Missouri outnumbered the Free State men and the latter were, as
+yet, unorganized and unprepared. Governor Reeder confirmed the election
+and thus gave encouragement to the invaders for their next attempt.
+
+A few immigrants had already gone into the territory from the New
+England States, moved by the desire of bettering their condition in
+life. Some of them had been assisted by the Emigrant Aid Company of
+Worcester, Massachusetts, a society started by Eli Thayer for the
+purpose of furnishing capital, by loans, to such persons for traveling
+expenses and for the building of hotels, sawmills, private dwellings,
+etc. These settlers from the East were as little prepared as Reeder
+himself for the sudden swoop of Missourians, and although they wrote
+letters to Northern Congressmen and newspapers protesting against the
+election of Whitfield as an act of invasion and a barefaced fraud,
+nothing was done to prevent him from taking his seat.
+
+The next election (for members of the territorial legislature) was fixed
+for the 30th of March, 1855. What kind of preparations for it had been
+made in the mean time in Missouri was plainly indicated by the following
+letter, dated Brunswick, Missouri, April 20, 1855, published in the New
+York _Herald_:
+
+     From five to seven thousand men started from Missouri to attend
+     the election, some to remove, but most to return to their
+     families with an intention, if they liked the territory, to
+     make it their permanent home at the earliest moment
+     practicable. But they intended to vote. The Missourians were
+     many of them Douglas men. There were one hundred and fifty
+     voters from this county, one hundred and seventy-five from
+     Howard, one hundred from Cooper. Indeed, every county furnished
+     its quota, and when they set out it looked like an army. They
+     were armed. And as there were no houses in the territory they
+     carried tents. Their mission was a peaceable one--to vote, and
+     to drive down stakes for their future homes.
+
+     After the election some 1500 of the voters sent a committee to
+     Mr. Reeder to ascertain if it was his purpose to ratify the
+     election. He answered that it was, and said that the majority
+     at an election must carry the day. But it is not to be denied
+     that the 1500, apprehending that the governor might attempt to
+     play the tyrant, since his conduct had already been insidious
+     and unjust, wore on their hats bunches of hemp. They were
+     resolved, if a tyrant attempted to trample on the rights of the
+     sovereign people, to hang him.
+
+It was not conscious brigandage that prompted this movement, but the
+simplicity of minds tutored on the frontier and fashioned in the
+environment of slavery. The fifteen hundred Missourians, who gave
+Governor Reeder to understand that they would hang him on the nearest
+tree if he did not ratify their invasion of Kansas, had homes, farms,
+and families. They supported churches and schools of a certain kind and
+considered themselves qualified to civilize Africans. They were types of
+the best society that they had any conception of. Far from concealing
+anything that they had done, they boasted of it openly in their
+newspaper organ, the _Squatter Sovereign_, which published the following
+under the date of April 1:
+
+     INDEPENDENCE, MO., March 31, 1855.--Several hundred emigrants
+     from Kansas have just entered our city. They were preceded by
+     the Westport and Independence brass bands. They came in at the
+     west side of the public square and proceeded entirely around
+     it, the bands cheering us with fine music, and the emigrants
+     with good news. Immediately following the bands were about two
+     hundred horsemen in regular order. Following these were one
+     hundred and fifty wagons, carriages, etc. They gave repeated
+     cheers for Kansas and Missouri. They report that not an
+     anti-slavery man will be in the Legislature of Kansas. We have
+     made a clean sweep.[20]
+
+This invasion was as needless as the former one, since the Free State
+men were still in the minority, counting actual settlers only; but the
+pro-slavery party were determined to leave nothing to chance. Senator
+Atchison, in a speech at Weston, Missouri, on the 9th of November, 1854,
+had told his constituents how to secure the prize:
+
+     When you reside in one day's journey of the territory, and when
+     your peace, your quiet, and your property depend upon your
+     action, you can, without an exertion, send five hundred of your
+     young men who will vote in favor of your institution. Should
+     each county in the state of Missouri only do its duty, the
+     question will be decided quietly and peaceably at the
+     ballot-box. If you are defeated, then Missouri and the other
+     Southern States will have shown themselves to be recreant to
+     their interests, and will deserve their fate.[21]
+
+A little later we find him writing letters like the following to a
+friend in Atlanta, Georgia:
+
+     Let your young men come forth to Missouri and Kansas. Let them
+     come well armed, with money enough to support them for twelve
+     months and determined to see this thing out! I do not see how
+     we are to avoid a civil war;--come it will. Twelve months will
+     not elapse before war--civil war of the fiercest kind--will be
+     upon us. We are arming and preparing for it.
+
+Atchison was constantly spurring others to deeds of lawlessness and
+violence, but he always stopped short of committing any himself. He was
+probably restrained by the fear of losing influence at Washington. It
+was by no means certain that President Pierce would tolerate everything.
+The sad fate of one of the companies recruited in the South for
+immigration to Kansas is narrated in the following letter, addressed to
+Senator Trumbull by John C. Underwood, of Culpeper Court House,
+Virginia:
+
+     Soon after the repeal of the Missouri Compromise in 1854, in
+     the neighborhood of Winchester and Harper's Ferry the project
+     of sending a company of young men to Kansas to make it a slave
+     state was much agitated. Subscriptions for that purpose were
+     asked, and the duty of strengthening our sectional interest of
+     slavery by adding two friendly Senators to your honorable body,
+     was urged with great zeal upon my neighbors. This was long
+     before I had heard of any movement of the New England Aid Co.,
+     or of anybody on the part of freedom. It was my understanding
+     at the time that Senator Mason was the main adviser in the
+     project. This may not have been the case. The history of this
+     company will not be soon forgotten. Its taking the train on the
+     Baltimore and Ohio R. R. at Harper's Ferry, its exploits in
+     Kansas up to the fall of its leader (Sharrard) at the hands of
+     Jones, the friend of the Democratic Gov. Geary, are all still
+     well remembered. The return of the company with the dead body
+     of their leader, and the blasted hopes of its sanguine
+     originators, was a gloomy day in our beautiful valley, and
+     created a sensation throughout the country.
+
+Another letter among the Trumbull papers deserves a place here, the
+author of which was Isaac T. Dement, who (writing from Hudson, Illinois,
+January 10, 1857) says that he was living in Kansas the previous year
+and had filed his intention on one hundred and sixty acres of land where
+he had a small store and a dwelling-house:
+
+     On the 3d of September last [he continues] a band of armed men
+     from Missouri came to my place, and after taking what they
+     wanted from the store, burned it and the house, and said that
+     if they could find me they would hang me. They said that they
+     had broken open a post-office and found a letter that I wrote
+     to Lane and Brown asking them to come and help us with a
+     company of Sharpe's rifles (this is a lie); and also that I had
+     furnished Lane and Brown's men with provisions (a lie), and
+     that I was a Free State man (that is so).
+
+Mr. Dement hoped that Congress would do something to compensate him for
+his losses.
+
+Governor Reeder ought to have been prepared for the second invasion. He
+had had sufficient warning. Unless he was ready to go all lengths with
+Atchison and Stringfellow, he ought to have declared the entire election
+invalid and reported the facts to President Pierce. But he did nothing
+of the kind. He merely rejected the votes of seven election districts
+where the most notorious frauds had been committed, and declared "duly
+elected" the persons voted for in others. Eventually the members holding
+certificates organized as a legislature and admitted the seven who had
+been rejected by Reeder. The latter took an early opportunity to go to
+Washington City to make a report to the President in person. He stopped
+en route at his home in Easton, Pennsylvania, where he made a public
+speech exposing the frauds in the election and confirming the reports of
+the Free State settlers. Stringfellow warned him not to come back. In
+the _Squatter Sovereign_ of May 29, 1855, he said:
+
+     From reports received of Reeder he never intends returning to
+     our borders. Should he do so we, without hesitation, say that
+     our people ought to hang him by the neck like a traitorous dog,
+     as he is, so soon as he puts his unhallowed feet upon our
+     shores. Vindicate your characters and the territory; and should
+     the ungrateful dog dare to come among us again, hang him to the
+     first rotten tree. A military force to protect the ballot-box!
+     Let President Pierce or Governor Reeder, or any other power,
+     attempt such a course in this, or any portion of the Union, and
+     that day will never be forgotten.
+
+The "Border Ruffian" legislature proceeded to enact the entire slave
+code of Missouri as laws of Kansas. It was made a criminal offense for
+anybody to deny that slavery existed in Kansas, or to print anything, or
+to introduce any printed matter, making such denial. Nobody could hold
+any office, even that of notary public, who should make such denial. The
+crime of enticing any slave to leave his master was made punishable with
+death, or imprisonment for ten years. That of advising slaves, by
+speaking, writing, or printing, to rebel, was punishable with death.
+
+Reeder was removed from office by President Pierce on the 15th of
+August, and Wilson Shannon, a former governor of Ohio, was appointed as
+his successor.
+
+The Free State men held a convention at Topeka in October, 1855, and
+framed a state constitution, to be submitted to a popular vote, looking
+to admission to the Union. This was equivalent merely to a petition to
+Congress, but it was stigmatized as an act of rebellion by the
+pro-slavery party.
+
+On the 24th of January, 1856, President Pierce sent a special message to
+Congress on the subject of the disturbance in Kansas. He alluded to the
+"angry accusations that illegal votes had been polled," and to the
+"imputations of fraud and violence"; but he relied upon the fact that
+the governor had admitted some members and rejected others and that each
+legislative assembly had undoubted authority to determine, in the last
+resort, the election and qualification of its own members. Thus a
+principle intended to apply to a few exceptional cases of dispute was
+stretched to cover a case where all the seats had been obtained by fraud
+and usurpation. "For all present purposes," he added feebly, the
+"legislative body thus constituted and elected was the legitimate
+assembly of the Territory."
+
+This message was referred to the Senate Committee on Territories. On the
+12th of March, Senator Douglas submitted a report from the committee,
+and Senator Collamer, of Vermont, submitted a minority report. This was
+the occasion of the first passage-at-arms between Douglas and his new
+colleague. The report was not merely a general endorsement of President
+Pierce's contention that it was impossible to go behind the returns of
+the Kansas election, as certified by Governor Reeder, but it went much
+further in the same direction, putting all the blame for the disorders
+on the New England Emigrant Aid Company, and practically justifying the
+Missourians as a people "protecting their own firesides from the
+apprehended horrors of servile insurrection and intestine war."
+Logically, from Douglas's new standpoint, the New Englanders had no
+right to settle in Kansas at all, if they had the purpose to make it a
+free state. To this complexion had the doctrine of "popular sovereignty"
+come in the short space of two years.
+
+Two days after the presentation of this report, Mr. Trumbull made a
+three hours' speech upon it without other preparation than a perusal of
+it in a newspaper; it had not yet been printed by the Senate. This
+speech was a part of one of the most exciting debates in the annals of
+Congress. He began with a calm but searching review of the
+Kansas-Nebraska Act, dwelling first on the failure of the measure to fix
+any time when the people of a territory should exercise the right of
+deciding whether they would have slavery or not. He illustrated his
+point by citing some resolutions adopted by a handful of squatters in
+Kansas as early as September, 1854, many months before any legislature
+had been organized or elected, in which it was declared that the
+squatters aforesaid "would exercise the right of expelling from the
+territory, or otherwise punishing any individual, or individuals, who
+may come among us and by act, conspiracy, or other illegal means, entice
+away our slaves or clandestinely attempt in any way or form to affect
+our rights of property in the same." These resolutions were passed
+before any persons had arrived under the auspices, or by the aid, of the
+New England Emigrant Aid Company; showing that, so far from being
+aroused to violence by the threatening attitude of that organization,
+the Missourians were giving notice beforehand that violence would be
+used upon any intending settlers who might be opposed to the
+introduction of slavery.
+
+Douglas had wonderful skill in introducing sophisms into a discussion so
+deftly that his opponent would not be likely to notice them, or would
+think them not worth answering, and then enlarging upon them and leading
+the debate away upon a false scent, thus convincing the hearers that, as
+his opponent was weak in this particular, he was probably weak
+everywhere. It was Trumbull's forte that he never failed to detect these
+tricks and turns and never neglected them, but exposed them instantly,
+before proceeding on the main line of his argument. It was this faculty
+that made his coming into the Senate a welcome reinforcement to the
+Republican side of the chamber.
+
+The report under consideration abounded in these characteristic Douglas
+pitfalls. It said, for example:
+
+     Although the act of incorporation [of the Emigrant Aid Company]
+     does not distinctly declare that it was formed for the purpose
+     of controlling the domestic institutions of Kansas and forcing
+     it into the Union with a prohibition of slavery in her
+     constitution, _regardless of the rights and wishes of the
+     people as guaranteed by the Constitution of the United States
+     and secured by their organic law_, yet the whole history of the
+     movement, the circumstances in which it had its origin, and the
+     professions and avowals of all engaged in it rendered it
+     certain and undeniable that such was its object.
+
+Here was a double sophistry: First, the implication that, if the
+Emigrant Aid Company had boldly avowed that its purpose was to control
+the domestic institutions of Kansas and bring it into the Union as a
+free state, its heinousness would have been plain to all; second, that
+the Constitution of the United States, and the organic act of the
+territory itself, guaranteed the people against such an outrage. But the
+declared object of the Nebraska Bill was to allow the people to do this
+very thing by a majority vote. Mr. Trumbull brought his flail down upon
+this pair of sophisms with resounding force. In debate with Senator
+Hale, a few days earlier, Toombs, of Georgia, had had the manliness to
+say:
+
+     With reference to that portion of the Senator's argument
+     justifying the Emigrant Aid Societies,--whatever may be their
+     policy, whatever may be the tendency of that policy to produce
+     strife,--if they simply aid emigrants from Massachusetts to go
+     to Kansas and to become citizens of that territory, I am
+     prepared to say that they violate no law; and they had a right
+     to do it; and every attempt to prevent them from doing so
+     violated the law and ought not to be sustained.[22]
+
+By way of justifying the Border Ruffians the report said that when the
+emigrants from New England were going through Missouri, the violence of
+their language and behavior excited apprehensions that their object was
+to "abolitionize Kansas as a means of prosecuting a relentless warfare
+on the institution of slavery within the limits of Missouri."
+
+     What! [said Trumbull,] abolitionize Kansas! It was said on all
+     sides of the Senate Chamber (when the Nebraska bill was
+     pending) that it was never meant to have slavery go into
+     Kansas. What is meant, then, by abolitionizing Kansas? Is it
+     abolitionizing a territory already free, and which was never
+     meant to be anything but free, for Free State men to settle in
+     it? I cannot understand the force of such language. But they
+     were to abolitionize Kansas, according to this report, and for
+     what purpose? As a means for prosecuting a relentless warfare
+     on the institution of slavery within the limits of Missouri.
+     Where is the evidence of such a design? I would like to see it.
+     It is not in this report, and if it exists I will go as far as
+     the gentleman to put it down. I will neither tolerate nor
+     countenance by my action here or elsewhere any society which
+     is resorting to means for prosecuting a relentless warfare upon
+     the institution of slavery within the limits of Missouri or any
+     other state. But there is not a particle of evidence of any
+     such intention in the document which professes to set forth the
+     acts of the Emigrant Aid Society, and which is incorporated in
+     this report.[23]
+
+Trumbull next took up the contention of the report that since Governor
+Reeder had recognized the usurping legislature, he and all other
+governmental authorities were estopped from inquiring into its validity.
+No great effort of a trained legal mind was required to overthrow that
+pretension. Trumbull demolished it thoroughly. After giving a calm and
+lucid sketch of the existing condition of affairs in the territory,
+Trumbull brought his speech to a conclusion. It fills six pages of the
+_Congressional Globe_.[24]
+
+This was the prelude to a hot debate with Douglas, who immediately took
+the floor. Trumbull had remarked in the course of his speech that the
+only political party with which he had ever had any affiliations was the
+Democratic. Douglas said that he should make a reply to his colleague's
+speech as soon as it should be printed in the _Globe_, but that he
+wished to take notice now of the statement that Trumbull claimed to be
+a Democrat. This, he said, would be considered by every Democrat in
+Illinois as a libel upon the party.
+
+Senator Crittenden called Douglas to order for using the word "libel,"
+which he said was unparliamentary, being equivalent to the word "lie."
+Douglas insisted that he had not imputed untruth to his colleague, but
+had only said that all the Democrats in Illinois would impute it to him
+when they should read his speech. He then went into a general tirade
+about "Black Republicans," "Know-Nothings," and "Abolitionists," who, he
+said, had joined in making Trumbull a Senator, from which it was evident
+that he was one of the same tribe, and not a Democrat. So far as the
+people of Illinois were concerned, he said that his colleague did not
+dare to go before them and take his chances in a general election, for
+he (Douglas) had met him at Salem, Marion County, in the summer of 1855,
+and had told him in the presence of thousands of people that, differing
+as they did, they ought not both to represent the State at the same
+time. Therefore, he proposed that they should both sign a paper
+resigning their seats and appeal to the people, "and if I did not beat
+him now with his Know-Nothingism, Abolitionism, and all other isms by a
+majority of twenty thousand votes, he should take the seat without the
+trouble of a contest."
+
+Neither Trumbull nor Douglas was gifted with the sense of humor, but
+Trumbull turned the laugh on his antagonist by his comments on the
+coolness of the proposal that both Senators should resign their seats,
+which Governor Matteson would have the right to fill immediately, and
+which the people could in no event fill by a majority vote, since the
+people did not elect Senators under our system of government. The reason
+why he did not answer the challenge at Salem was that his colleague did
+not stay to hear the answer. After he had finished his speech it was
+very convenient for him to be absent. "He cut immediately for his tavern
+without waiting to hear me." Trumbull denominated the challenge "a bald
+clap-trap declamation and nothing else."
+
+Douglas's charges about Know-Nothings and Abolitionists were well
+calculated to make an impression in southern Illinois; hence Trumbull
+did not choose to let them go unanswered. His reply was pitched upon a
+higher plane, however, than his antagonist's tirade. He said:
+
+     In my part of the state there are no Know-Nothing organizations
+     of whose members I have any knowledge. If they exist, they
+     exist secretly. There are no open avowed ones among us. These
+     general charges, as to matters of opinion, amount to but very
+     little. It is altogether probable that the gentleman and myself
+     will differ in opinion not only upon this slavery question, but
+     also as to the sentiments of the people of Illinois. The views
+     which I entertain are honest ones; they are the sincere
+     sentiments of my heart. I will not say that the views which he
+     entertains in reference to those matters are not equally
+     honest. I impute no such thing as insincerity to any Senator.
+     Claiming for myself to be honest and sincere, I am willing to
+     award to others the same sincerity that I claim for myself. As
+     to what views other men in Illinois may entertain we may
+     honestly differ. The views of the members of the legislature
+     may be ascertained from their votes on resolutions before them.
+     I do not know how to ascertain them in any other way. As for
+     Abolitionists I do not know one in our state--one who wishes to
+     interfere with slavery in the states. I have not the
+     acquaintance of any of that class. There are thousands who
+     oppose the breaking-down of a compromise set up by our fathers
+     to prevent the extension of slavery, and I know that the
+     gentleman himself once uttered on this floor the sentiment that
+     he did not know a man who wished to extend slavery to a free
+     territory.
+
+Douglas replied at length to Trumbull on the 20th of March, in his most
+slippery and misleading style. If it were possible to admire the kind
+of argument which makes the worse appear the better reason, this speech
+would take high rank. It may be worth while to give a single sample.
+Trumbull had said that in his opinion the words of the Missouri
+Compromise, prohibiting slavery in certain territories "forever," meant
+until the territory should be admitted into the Union as a state on
+terms of equality with the other states. Douglas seized upon this as a
+fatal admission, and asked why, if "forever" meant only a few years,
+Trumbull and all his allies had been abusing him for repealing the
+sacred compact.
+
+     If so [he continued], what is meant by all the leaders of that
+     great party, of which he (Trumbull) has become so prominent a
+     member, when they charge me with violating a solemn compact--a
+     compact which they say consecrated that territory to freedom
+     forever? _They_ say it was a compact binding forever. _He_ says
+     that it was an unfounded assumption, for it was only a law
+     which would become void without even being repealed; it was a
+     mere legislative enactment like any other territorial law, and
+     the word "forever" meant no more than the word
+     "hereafter"--that it would expire by its own limitation. If
+     this assumption be true, it necessarily follows that what he
+     calls the Missouri Compromise was no compact--was not a
+     contract--not even a compromise, the repeal of which would
+     involve a breach of faith.[25]
+
+And he continued, ringing the changes on this alleged inconsistency
+through two entire columns of the _Globe_, as though a compact could not
+be made respecting a territory as well as for a state, and ignoring the
+fact that if slaves were prevented from coming into the territory, the
+material for forming a slave state would not exist when the people
+should apply for admission to the Union. If the word "forever" had, as
+Trumbull believed, applied only to the territory, it nevertheless
+answered all practical purposes forever, by moulding the future state,
+as the potter moulds the clay.[26]
+
+The remainder of Douglas's speech was founded upon the doings of
+Governor Reeder, whom he first used to buttress and sustain the bogus
+legislature in its acts, and then turned upon and rent in pitiable
+fragments, calling him "your Governor," as though the Republicans and
+not their opponents had appointed him.
+
+June 9, 1856, the two Senators drifted into debate on the Kansas
+question again, and Trumbull put to Douglas the question which Lincoln
+put to him with such momentous consequences in the Freeport debate two
+years later: whether the people of a territory could lawfully exclude
+slavery prior to the formation of a state constitution. Trumbull said
+that the Democratic party was not harmonious on this point. He had heard
+Brown, of Mississippi, argue on the floor of the Senate that slavery
+could not be excluded from the territories, while in the formative
+condition, by the territorial legislature, and he had heard Cass, of
+Michigan, maintain exactly the opposite doctrine. He would like to know
+what his colleague's views were upon that point:
+
+     My colleague [he said] has no sort of difficulty in deciding
+     the constitutional question as to the right of the people of a
+     territory, when they form their constitution, to establish or
+     prohibit slavery. Now will he tell me whether they have the
+     right _before_ they form a state constitution?[27]
+
+Douglas did not answer this interrogatory. He insisted that it was
+purely a judicial question, and that he and all good Democrats were in
+harmony and would sustain the decision of the highest tribunal when it
+should be rendered. The Dred Scott case was pending in the Supreme
+Court, but that fact was not mentioned in the debate. The right of the
+people of a territory to exclude slavery before arriving at statehood
+was already the crux of the political situation, but its significance
+was not generally perceived at that time. That Trumbull had grasped the
+fact was shown by his concluding remarks in this debate, to wit:
+
+     My colleague says that the persons with whom he is acting are
+     perfectly agreed on the questions at issue. Why, sir, all of
+     them in the South say that they have a right to take their
+     slaves into a territory and to hold them there as such, while
+     all in the North deny it. If that is an agreement, then I do
+     not know what Bedlam would be.
+
+Bedlam came at Charleston four years later. It is worthy of remark that
+in this debate Douglas held that a negro could bring an action for
+personal freedom in a territory and have it presented to the Supreme
+Court of the United States for decision. In the Dred Scott case,
+subsequently decided, the court held that a negro could not bring an
+action in a court of the United States.
+
+The Senate debate on Kansas affairs in the first session of the
+Thirty-fourth Congress was participated in by nearly all the members of
+the body. The best speech on the Republican side was made by Seward.
+This was a carefully prepared, farseeing philosophical oration, in which
+the South was warned that the stars in their courses were fighting
+against slavery and that the institution took a step toward perdition
+when it appealed to lawless violence. Sumner's speech, which in its
+consequences became more celebrated, was sophomorical and vituperative
+and was not calculated to help the cause that its author espoused; but
+the assault made upon him by Preston S. Brooks maddened the North and
+drew attention away from its defects of taste and judgment. Collamer, of
+Vermont, made a notable speech in addition to his notable minority
+report from the Committee on Territories. Wilson, of Massachusetts, and
+Hale, of New Hampshire, received well-earned plaudits for the
+thoroughness with which they exposed the frauds and violence of the
+Border Ruffians, and commented on the vacillation and stammering of
+President Pierce. That Trumbull had the advantage of his wily antagonist
+must be the conclusion of impartial readers at the present day.
+
+If a newcomer in the Senate to-day should plunge _in medias res_ and
+deliver a three-hours' speech as soon as he could get the floor, he
+would probably be made aware of the opinion of his elders that he had
+been over-hasty. It was not so in the exciting times of the decade
+before the Civil War. All help was eagerly welcomed. Moreover,
+Trumbull's constituents would not have tolerated any delay on his part
+in getting into the thickest of the fight. Any signs of hanging back
+would have been construed as timidity. The anti-Nebraska Democrats of
+Illinois required early proof that their Senator was not afraid of the
+Little Giant, but was his match at cut-and-thrust debate as well as his
+superior in dignity and moral power. The North rang with the praises of
+Trumbull, and some persons, whose admiration of Lincoln was unbounded
+and unchangeable, were heard to say that perhaps Providence had selected
+the right man for Senator from Illinois. Although Lincoln's personality
+was more magnetic, Trumbull's intellect was more alert, his diction the
+more incisive, and his temper was the more combative of the two.
+
+From a mass of letters and newspapers commending Mr. Trumbull on his
+first appearance on the floor of the Senate, a few are selected for
+notice.
+
+The New York _Tribune_, March 15, 1856, Washington letter signed "H.
+G.," p. 4, col. 5:
+
+     Mr. Trumbull's review of Senator Douglas's pro-slavery Kansas
+     report is hailed with enthusiasm, as calculated to do honor to
+     the palmiest days of the Senate. Though three hours long, it
+     commanded full galleries, and the most fixed attention to the
+     close. It was searching as well as able, and was at once
+     dignified and convincing.
+
+     When Mr. Trumbull closed, Mr. Douglas rose, in bad temper, to
+     complain that the attack had been commenced in his absence, and
+     to ask the Senate to fix a day for his reply. He said Mr.
+     Trumbull had claimed to be a Democrat; but that claim would be
+     considered a libel by the Democracy of Illinois. Here Mr.
+     Crittenden rose to a question of order, and a most exciting
+     passage ensued; the flash of the Kentuckian's eye and the
+     sternness of his bearing were such as are rarely seen in the
+     Senate.
+
+The New York _Daily Times_, Washington letter, dated June 9:
+
+     Douglas was much disconcerted to-day by Senator Trumbull's keen
+     exposure of his Nebraska sophism. He was directly asked if he
+     believed that the people of the territories have the right to
+     exclude slavery before forming a state government, but he
+     refused to give his opinion, saying that it was a question to
+     be determined by the Supreme Court. Trumbull then exposed with
+     great force Douglas's equivocal platform of popular
+     sovereignty, which means one thing at the South and another at
+     the North. The "Little Giant" was fairly smoked out.
+
+Charles Sumner writes to E. L. Pierce, March 21:
+
+     Trumbull is a hero, and more than a match for Douglas.
+     Illinois, in sending him, has done much to make me forget that
+     she sent Douglas. You will read the main speech which is able;
+     but you can hardly appreciate the ready courage and power with
+     which he grappled with his colleague and throttled him. We are
+     all proud of his work.
+
+S. P. Chase, Executive Office, Columbus, Ohio, April 14, 1856, writes:
+
+     I have read your speech with great interest. It was
+     timely--exactly at the right moment and its logic and statement
+     are irresistible. How I rejoice that Illinois has sent you to
+     the Senate.
+
+John Johnson, Mount Vernon, Illinois, writes:
+
+     I wish I could express the pleasure that I and many other of
+     your friends feel when we remember that we have such a man as
+     yourself in Congress, who loves liberty and truth and is not
+     ashamed or afraid to speak. Let me say that I thank the Ruler
+     of the Universe that we have got such a man into the Senate of
+     the United States.... Your influence will tell on the interests
+     of the nation in years to come.
+
+John H. Bryant, Princeton, writes:
+
+     The expectations of those who elected Mr. Trumbull to the
+     Senate have been fully met by his course in that body, those of
+     Democratic antecedents being satisfied and the Whigs very
+     happily disappointed. For Mr. Lincoln the people have great
+     respect, and great confidence in his ability and integrity.
+     Still the feeling here is that you have filled the place at
+     this particular time better than he could have done.[28]
+
+At this time Trumbull received a letter from one of the Ohio River
+counties which, by reason of the singularity of its contents as well as
+of the subsequent distinction of the writer, merits preservation:
+
+     Green B. Raum, Golconda, Pope Co., Feb. 9, '57, wishes Trumbull
+     to find out why he cannot get his pay for taking depositions at
+     the instance of the Secretary of the Interior in a lawsuit
+     involving the freedom of sixty negroes legally manumitted, but
+     still held in slavery in Crawford County, Arkansas. The
+     witnesses whose depositions were taken were living in Pope Co.,
+     Ill. Raum advanced $43.25 for witness fees and costs and was
+     engaged one month in the work, for which he charged $300. This
+     was done in May, 1855, but he had never been paid even the
+     amount that he advanced out of his own pocket.[29]
+
+In April, 1857, Trumbull received an urgent appeal from Cyrus Aldrich,
+George A. Nourse, and others in Minnesota asking him to come to that
+territory and make speeches for one month to help the Republicans carry
+the convention which had been called to frame a state constitution. He
+responded to this call and took an active part in the campaign, which
+resulted favorably to the Republican party.
+
+FOOTNOTES:
+
+[20] Edited by B. F. Stringfellow, author of _African Slavery no Evil_,
+St. Louis, 1854.
+
+[21] Cited in Villard's _John Brown_, p. 94.
+
+[22] _Cong. Globe_, Appendix, 1856. p. 118.
+
+[23] The writer of this book was intimately acquainted with the doings
+of the Emigrant Aid Societies of the country, having been connected with
+the National Kansas Committee at Chicago. The emigrants usually went up
+the Missouri River by rail from St. Louis to Jefferson City and thence
+by steamboat to Kansas City, Wyandotte, or Leavenworth. They were
+cautioned to conceal as much as possible their identity and destination,
+in order to avoid trouble. Such caution was not necessary, however,
+since the emigrants knew that their own success depended largely upon
+keeping that avenue of approach to Kansas open. Later, in the summer of
+1856, it was closed, not in consequence of any threatening language or
+action on the part of the emigrants, but because the Border Ruffians
+were determined to cut off reinforcements to the Free State men in
+Kansas. The tide of travel then took the road through Iowa and Nebraska,
+a longer, more circuitous, and more expensive route.
+
+[24] Appendix, p. 200.
+
+[25] _Cong. Globe_, 34th Congress, Appendix, p. 281.
+
+[26] In this debate Clayton, of Delaware, contended that the word
+"forever" was meant to apply to any future political body, whether
+territory or state, occupying the ground embraced in the defined limits.
+Hence he considered the Missouri Compromise unconstitutional, but he had
+opposed the Nebraska Bill because he was not willing to reopen the
+slavery agitation. _Cong. Globe_, 34th Congress, Appendix, p. 777.
+
+[27] _Cong. Globe_, 1856, p. 1371.
+
+[28] John H. Bryant, a man of large influence in central Illinois,
+brother of William Cullen Bryant.
+
+[29] Green B. Raum, Lawyer, Democrat, brigadier-general in the Union
+army in the Civil War.
+
+
+
+
+CHAPTER V
+
+THE LECOMPTON FIGHT
+
+
+In June, 1856, Lincoln wrote to Trumbull urging him to attend the
+Republican National Convention which had been called to meet in
+Philadelphia to nominate candidates for President and Vice-President and
+suggesting that he labor for the nomination of a conservative man for
+President. Trumbull went accordingly and coöperated with N. B. Judd,
+Leonard Swett, William B. Archer, and other delegates from Illinois in
+the proceedings which led up to the futile nominations of Frémont and
+Dayton. The only part of these proceedings which interests us now is the
+fact that Abraham Lincoln, who was not a candidate for any place,
+received one hundred and ten votes for Vice-President. This result was
+brought about by Mr. William B. Archer, an Illinois Congressman, who
+conceived the idea of proposing his name only a short time before the
+voting began, and secured the coöperation of Mr. Allison, of
+Pennsylvania, to nominate him. Archer wrote to Lincoln that if this
+bright idea had occurred to him a little earlier he could have obtained
+a majority of the convention for him. When the news first reached
+Lincoln at Urbana, Illinois, where he was attending court, he thought
+that the one hundred and ten votes were cast for Mr. Lincoln, of
+Massachusetts.
+
+He wrote to Trumbull on the 27th saying, "It would have been easier for
+us, I think, had we got McLean" (instead of Frémont), but he was not
+without high hopes of carrying the state. He was confident of electing
+Bissell for governor at all events. In August, Lincoln wrote again
+saying that he had just returned from a speaking tour in Edgar, Coles,
+and Shelby counties, and that he had found the chief embarrassment in
+the way of Republican success was the Fillmore ticket. "The great
+difficulty," he says, "with anti-slavery-extension Fillmore men is that
+they suppose Fillmore as good as Frémont on that question; and it is a
+delicate point to argue them out of it, they are so ready to think you
+are abusing Mr. Fillmore." The Fillmore vote in Illinois was 37,444.
+
+The Republican state ticket, headed by William H. Bissell for governor,
+was elected, but Buchanan and Breckinridge, the Democratic nominees,
+received the electoral vote of the state and were successful in the
+country at large. The defeat of Frémont caused intense disappointment to
+the Republicans at the time, but it was fortunate for the party and for
+the country that he was beaten. He was not the man to deal with the
+grave crisis impending. Disunion was a club already held in reserve to
+greet any Republican President. Senator Mason, of Virginia, frankly said
+so to Trumbull in a Senate debate (December 2, 1856), after the
+election:
+
+     MR. MASON: What I said was this, that if that [Republican]
+     party came into power avowing the purpose that it did avow, it
+     would necessarily result in the dissolution of the Union,
+     whether they desired it or not. It was utterly immaterial who
+     was their President; he might have been a man of straw. I
+     allude to the purposes of the party.
+
+     MR. TRUMBULL: Why, sir, neither Colonel Frémont nor any other
+     person can be elected President of the United States except in
+     the constitutional mode, and if any individual is elected in
+     the mode prescribed in the Constitution, is that cause for
+     dissolution of the Union? Assuredly not. If it be, the
+     Constitution contains within itself the elements of its own
+     destruction.[30]
+
+Four years passed ere Mr. Mason's prediction was put to the test, and
+the intervening time was mainly occupied by a continuation of the Kansas
+strife. The prevailing gloom in the Northern mind was reflected in a
+letter written by Trumbull to Professor J. B. Turner, of Jacksonville,
+Illinois, dated Alton, October 19, 1857, from which the following is an
+extract:
+
+     Our free institutions are undergoing a fearful trial, nothing
+     less, as I can conceive, than a struggle with those now in
+     power, who are attempting to subvert the very basis upon which
+     they rest. Things are now being done in the name of the
+     Constitution which the framers of that instrument took special
+     pains to guard against, and which they did provide against as
+     plainly as human language could do it. The recent use of the
+     army in Kansas, to say nothing of the complicity of the
+     administration with the frauds and outrages which have been
+     committed in that territory, presents as clear a case of
+     usurpation as could well be imagined. Whether the people can be
+     waked up to the change which their government is undergoing in
+     time to prevent it, is the question. I believe they can. I will
+     not believe that the free people of this great country will
+     quietly suffer their government, established for the protection
+     of life and liberty, to be changed into a slaveholding
+     oligarchy whose chief object is the spread and perpetuation of
+     negro slavery and the degradation of free white labor.
+
+Soon after the inauguration of Buchanan, Robert J. Walker, of
+Mississippi, was appointed by him governor of Kansas Territory. Walker
+was a native of Pennsylvania and a man of good repute. He had been
+Secretary of the Treasury under President Polk, and was the author of
+the Tariff of 1846. When he arrived in Kansas steps had already been
+taken by the territorial legislature for electing members of a
+constitutional convention with a view to admission to the Union as a
+state. Governor Walker urged the Free State men to participate in this
+election, promising them fair treatment and an honest count of votes;
+but they still feared treachery and violence and fraud in the election
+returns. Moreover, voters were required to take a test oath that they
+would support the Constitution as framed. As Walker had assured them
+that the Constitution would be submitted to a vote of the people, they
+decided to take no part in framing it, but to vote it down when it
+should be submitted.
+
+The convention met in the territorial capital, Lecompton. While it was
+in session a regular election of members of the territorial legislature
+took place, and Governor Walker had so far won the confidence of the
+Free State men that they took part in it and elected a majority of the
+members of both branches. About one month later news came that the
+constitutional convention had completed its labors and had decided not
+to submit the constitution itself to a vote of the people, but only the
+slavery clause. People could vote "For the constitution with slavery,"
+or "For the constitution with no slavery," but in no case should the
+right of property in slaves already in the territory be questioned, nor
+should the constitution itself be amended until 1864, and no amendment
+should be made affecting the rights of property in such slaves.
+
+Senator Douglas was in Chicago when this news arrived. He at once
+declared to his friends that this scheme had its origin in Buchanan's
+Cabinet. Governor James W. Geary, Walker's predecessor in office, had
+vetoed the bill calling the convention, because it contained no clause
+requiring submission of the constitution to the people; but it had been
+passed over his veto. He subsequently said, in a published letter, that
+the committees of the legislature having the matter in charge informed
+him that their friends in the South did not desire a submission clause.
+It was proved later that a conspiracy with this aim existed in
+Buchanan's Cabinet without his knowledge, and that the guiding spirit
+was Jacob Thompson, of Mississippi, Secretary of the Interior. The chief
+manager in Kansas was John Calhoun, the president of the convention, who
+had been designated also as the canvassing officer of the election
+returns under the submission clause.
+
+Buchanan was not admitted to the secret of the conspiracy until the deed
+was done. He had committed himself both verbally and in writing to the
+submission of the whole constitution to the people for ratification or
+rejection. He had pledged himself in this behalf to Governor Walker, who
+had pledged himself to the people of Kansas. Walker kept his pledge, but
+Buchanan broke his. He surrendered to the Cabinet cabal and made the
+admission of Kansas under the Lecompton Constitution the policy of his
+administration. It proved to be his ruin, as an earlier breach of
+promise had been the ruin of Pierce.
+
+Walker exposed and denounced the whole conspiracy and resigned the
+governorship, the duties of which devolved upon F. P. Stanton, the
+secretary of the territory, a man of ability and integrity, who had been
+a member of Congress from Tennessee. Stanton called the legislature in
+special session. The legislature declared for a clause for or against
+the constitution as a whole, to be voted on at an election to be held
+January 4, 1858. Stanton was forthwith removed from office by Buchanan,
+and John A. Denver was appointed governor to fill Walker's place.
+
+The stand taken by Douglas in reference to the Lecompton Constitution
+before the meeting of Congress, and the doubts and fears excited thereby
+in the minds of the leading Republicans of Illinois, are indicated in
+private letters received by Trumbull in that interval, a few of which
+are here cited:
+
+E. Peck, Chicago, November 23, 1857, says: Judge Douglas takes the
+ground openly that the _whole_ of the Kansas constitution must be
+submitted to the people for approval.
+
+C. H. Ray, chief editor of the Chicago _Tribune_, writes that Douglas is
+just starting for Washington; he says that he sent a man to the
+_Tribune_ office to remonstrate against its course toward him "while he
+is doing what we all want him to do." Dr. Ray had no faith in him.
+
+N. B. Judd, Chicago, November 24, says that Douglas took pains to get
+leading Republicans into his room to tell them that he intended to fight
+the administration on the Kansas issue.
+
+Judd, November 26, writes that Douglas tells his friends that "the whole
+proceedings in Kansas were concocted by certain members of the Cabinet
+to ruin him." He does not think that the President desires this, but he
+cannot well help himself, and the conspirators intend to use Buchanan's
+name again (for the Presidency).
+
+Lincoln wrote under date, Chicago, Nov. 30, 1857: ... What think you of
+the probable "rumpus" among the Democracy over the Kansas constitution?
+I think the Republicans should stand clear of it. In their view both the
+President and Douglas are wrong; and they should not espouse the cause
+of either because they may consider the other a little farther wrong of
+the two. From what I am told here, Douglas tried before leaving to draw
+off some Republicans on the dodge, and even succeeded in making some
+impression on one or two.
+
+A. Jonas, Quincy, December 5, is unable to say whether Douglas is
+sincere in the position he has lately taken. "Should he act right for
+once on this question, it will be with some selfish motive."
+
+William H. Bissell, governor, Springfield, December 12, thinks Douglas's
+course is dictated solely by his fears connected with the next
+senatorial election.
+
+S. A. Hurlbut, Belvidere, December 14, thinks that as between Douglas
+and the Southern politicians the latter have the advantage in point of
+logic. "If the Lecompton Constitution prevails, no amount of party
+discipline will hold more than one third of the Democratic voters in
+Illinois." He predicts that the next Democratic National Convention will
+endorse John C. Calhoun's doctrine that slavery exists in the
+territories by virtue of the Constitution.
+
+Sam Galloway, Columbus, Ohio, December 12, asks: "What means the
+movement of Douglas? Is it a ruse or a bona-fide patriotic effort? We
+don't know whether to commend or censure, and we are without any
+knowledge of the workings of his heart except as indicated in his
+speeches."
+
+W. H. Herndon, Springfield, December 16, says: "Douglas is more of a man
+than I took him to be. He has some nerve at least. I do not think he is
+honest in any particular, yet in this difficulty he is right."
+
+C. H. Ray, Chicago, December 18, asks for Trumbull's views of Douglas's
+real purposes: "We are almost confounded here by his anomalous position
+and do not know how to treat him and his overtures to the Republican
+party. Personally, I am inclined to give him the lash, but I want to do
+nothing that will damage our cause or hinder the emancipation of
+Kansas."
+
+John G. Nicolay, Springfield, December 20, has been canvassing the state
+to procure subscribers for the St. Louis _Democrat_. He had very good
+success until the "hard times" came. Then he found it necessary to
+suspend operations. He says everybody is watching the political
+developments in Washington, and he thinks that Douglas will be sustained
+by nearly all his party in Illinois. "The Federal office-holders keep
+mum and will not of course declare themselves until they are forced to
+do so."
+
+Samuel C. Parks, Lincoln, Logan County, December 26, says: Douglas is no
+better now than when he was the undisputed leader of the pro-slavery
+party. He has done more to undermine the principles upon which this
+Government was founded than any other man that ever lived.
+
+D. L. Phillips, Anna, Union County, March 2, 1858: "You need not pay any
+attention to the silly statements of the _Missouri Republican_ and other
+sheets respecting this part of the state being attached to Buchanan. It
+is simply false. The Democracy here are led by the Allens, Marshall,
+Logan, Parrish, Kuykendall, Simons, and others, and these are all for
+Douglas. John Logan is bitter against Buchanan. I think we ought all to
+be satisfied with the course of things. Let the worst come now. Better
+far than defer it, for come it will and must."
+
+The first session of the Thirty-fifth Congress began on the 7th of
+December, 1857. President Buchanan's first message was largely concerned
+with the affairs of Kansas. He spoke of the framers of the Topeka
+Constitution as a "revolutionary organization," and said that the
+Lecompton Constitution was the work of the lawfully constituted
+authorities. He conceded that the submission clause of the Lecompton
+instrument fell short of his own intentions and expectations, but
+insisted that the slavery question was the only matter of dispute and
+that that was actually submitted to the popular vote.
+
+Trumbull was the first Senator to expose these unfounded assumptions,
+and this he did in a brief argument as soon as the reading of the
+message was finished. He showed, in the first place, that the Topeka
+Constitution was no whit more "revolutionary" or irregular than the
+Lecompton one, and one of the authorities whom he cited to sustain his
+contention was Buchanan himself, who, in a parallel case, had contended
+that the territorial legislature of Michigan had no authority to call a
+convention to frame a state constitution, and that any such proceeding
+was "an act of usurpation." This was not necessarily conclusive as to
+anybody but Buchanan. Yet in another case cited, that of Arkansas, where
+a territorial legislature was considering an act for the calling of a
+convention to frame a state constitution and where the governor had
+asked instructions from President Jackson as to his duty in the
+premises, the Attorney-General had held that such an act of the
+Legislature would be without authority and absolutely void. (This case
+had been cited by Douglas the previous year, in an argument against the
+Topeka Constitution.) The only regular proceeding was for Congress to
+pass an enabling act, on such terms and conditions as it might
+prescribe, under which the people might form a constitution preparatory
+to admission to the Union. Any other mode of accomplishing the same
+result, whether initiated by a popular assembly, as at Topeka, or by the
+legislature, as at Lecompton, was in the nature of a petition which
+Congress might respond to favorably, and thus legalize, or not. Neither
+of these modes of beginning had any higher authority than the other.
+Therefore, the underpinning of President Buchanan's first argument was
+knocked out by two citations of authority which he could not controvert.
+
+His second argument, that the slavery clause in the Lecompton
+Constitution, the only thing in controversy, was submitted to the
+popular vote, was easily demolished. The submission clause, said Mr.
+Trumbull, "amounts simply to giving the free white people of Kansas a
+right to determine the condition of a few negroes hereafter to be
+brought into the state, and nothing more; the condition of those now
+there cannot be touched."
+
+On the following day, Senator Douglas made his speech against the
+Lecompton Constitution. It had been eagerly expected, and the galleries
+and floor were crowded. From his own standpoint it was a very strong
+argument, and was received with vociferous applause, contrary to the
+rules of the Senate. It left Buchanan with not a rag to cover him. It
+was the first public speech Douglas had ever made which went counter to
+the wishes of the Southern people. So when he said,--"I will go as far
+as any of you to save the party. I have as much heart in the great cause
+that binds us together as a party as any man living; I will sacrifice
+anything short of principle and honor for the peace of the party; but if
+the party will not stand by its principles, its faith, its pledges, I
+will stand there and abide whatever consequences may result from the
+position,"--we must believe that he was sincere and must respect him
+for his courage. But his standpoint was that of one who "did not care
+whether slavery was voted down or voted up." It represented no high
+principle; the only right he contended for was the right of the people
+to decide for themselves whether they would have a particular banking
+system, or none at all; a Maine liquor law; or a railroad running this
+way or that way; and finally whether they would have a slave code or
+not. Great speeches are not kindled with such short stubble.
+
+One thing hinted at in this speech was that Buchanan had been so
+frightened by the revolt in the party against the Lecompton Constitution
+that he had taken steps to have the pro-slavery clause rejected at the
+coming election, by the very people who had framed it. "I think I have
+seen enough in the last three days," he said, "to make it certain that
+it will be _returned out_, no matter how the vote may stand." In a later
+debate, February 4, Douglas said:
+
+     I made my objection [against the Lecompton Constitution] at a
+     time when the President of the United States told all his
+     friends that he was perfectly sure the pro-slavery clause would
+     be voted down. I did it at a time when all or nearly all the
+     Senators on this floor supposed the pro-slavery clause would be
+     stricken out. I assumed in my speech that it was to be returned
+     out, and that the constitution was to come here with that
+     article rejected.[31]
+
+If Buchanan had that intention he was not able to carry it into effect.
+
+Douglas at this time contemplated an alliance with the Republicans. His
+state of mind is pictured in a letter written by Henry Wilson to Rev.
+Theodore Parker, dated Washington, February 28, 1858, of which the
+following is an extract:[32]
+
+     I say to you in confidence that you are mistaken in regard to
+     Douglas. He is as sure to be with us in the future as Chase,
+     Seward, or Sumner. I leave motives to God, but he is to be with
+     us, and he is to-day of more weight to our cause than any ten
+     men in the country. I know men and I know their power, and I
+     know that Douglas will go for crushing the Slave Power to
+     atoms. To use his own words to several of our friends _this
+     day_ in a three-hours' consultation: "We must grind this
+     administration to powder; we must punish every man who supports
+     this crime, and _we must prostrate forever the Slave Power_,
+     which uses Presidents and dishonors and disgraces them."
+
+Similar testimony is found in the Trumbull correspondence, to wit:
+
+     Jesse K. Dubois, state Auditor, Springfield, March 22, 1858,
+     says he has a letter from Ray, of the Chicago _Tribune_, who
+     says that Sheahan, of the _Times_, who has just returned to
+     Washington, says that (1) Lecompton will be defeated; (2) that
+     the Republicans shall have all the majority they like in the
+     next Illinois legislature, to favor which he wants to unite
+     with us in all doubtful counties or rather help us by running
+     Douglas legislative tickets "(N. B. I do not see the point of
+     this)"; (3) he concedes us the Senator, and says Douglas is
+     willing to go into private life for a brief period, but
+     protests that we must not sacrifice their Congressmen who run
+     again on the Lecompton issue, if any one of them desires to go
+     back; (4) they will run candidates for Congress in every
+     district, but without hope of electing one in the four northern
+     districts "(N. B. I should think this is an easy matter)"; (5)
+     Douglas is willing to retire, and if he beats Lecompton, to
+     take his chances by and by; (6) Douglas and his friends have
+     had a caucus in Washington and they agree so to shape matters,
+     if possible, with Republican aid, as to return to the next
+     Congress an unbroken phalanx of anti-Lecompton men, and break
+     down the administration by making it harmless at home and
+     abroad; (7) the fight is to the death, _à l'outrance_, and
+     cannot be discontinued, no matter what comes up. Ray seems to
+     think Sheahan is honest in what he says, and has no doubt that
+     he speaks for Douglas.
+
+     A. Jonas, Quincy, April 11, says that letters have been
+     received from Chicago and Springfield implying that a
+     coalition is forming between a portion of the Republican party
+     on the one hand and Douglas and his followers on the other. He
+     protests strongly against any such coalition and declares it
+     can never be carried into effect. "To suppose that the
+     Republicans of this District can under any circumstances be
+     induced to support such a political demagogue and trickster as
+     Isaac N. Morris is to believe them capable of worshiping Satan
+     or submitting to the dictation of the slave oligarchy."
+
+     W. H. Herndon, Springfield, April 12, has just returned from
+     the East. He speaks of Greeley's "puffs" of Douglas, which he
+     regards as demoralizing to the Republicans of Illinois. "I
+     heard Greeley handled quite roughly by the candidate for
+     lieutenant-governor of Wisconsin, a very intelligent German. He
+     spoke to Greeley in my presence and said that Wisconsin stood
+     by Illinois and was not for sale."
+
+     E. Peck, Chicago, April 15: "Dr. Brainard has had a talk with
+     Dr. Ray, the substance of which was that we should consent to
+     run Douglas as our candidate for the House of Representatives
+     from this district. What does this mean? Can Brainard have any
+     authority to make such a proposition? Ray has been advising
+     with me, and we are both in the clouds. I requested permission
+     to write to you for your opinion before any opinions were
+     expressed here. Mr. Colfax may be able to tell you something of
+     the opinions of Douglas. I am shy in believing, and more shy in
+     confiding, ... yet Ray believes that Brainard was authorized by
+     Douglas to make the proposition."
+
+     N. B. Judd, Chicago, April 19, says that if the Lecompton Bill
+     is passed, Douglas is laid on the shelf. The Buchanan party in
+     Chicago is of no consequence, "great cry and little wool." We
+     shall have to fight the Democratic party as a unit. "How
+     Douglas is to be the Democratic party in Illinois and the ally
+     of the Republicans outside of the state is a problem which
+     those, who are arranging with him, ought to know how to work
+     out."
+
+Overtures to the Republicans of Illinois did not come from Douglas only.
+Here is one of a different hue:
+
+     George T. Brown, Alton, February 24, urges the appointment of
+     J. E. Starr (Buchanan Democrat) as postmaster at Alton.
+     "Slidell opened the way for you to talk to him and you can
+     easily do so. The Administration is very desirous that you
+     should not oppose their appointments, and will give you
+     anything."
+
+The foregoing letter betokens a sudden change of mind in administration
+circles at Washington, as is evidenced by the following communication
+which Trumbull had received from one of his constituents a few weeks
+earlier:
+
+     B. Werner, Caseyville, January 4, refers to a former letter
+     enclosing a petition for the establishment of a post-office at
+     Caseyville. Hearing nothing of the matter, he went to see Mr.
+     Armstrong, the postmaster at St. Louis, narrated the facts, and
+     asked whether any order had been received by him respecting it.
+     "He asked me to whom I had sent the petition. I told him to
+     you. He replied if I had sent the petition to Robert Smith
+     (Dem. M.C.) the matter would have been attended to, but as Mr.
+     Trumbull was a Black Republican, the department would not pay
+     any attention to it."
+
+On the 2d of February, 1858, President Buchanan sent a special message
+to Congress with a copy of the Lecompton Constitution, and recommended
+that Kansas be admitted to the Union as a state under it. In this
+message he made reference to the Dred Scott decision, which had been
+pronounced by the Supreme Court in the previous March. On this point the
+message said:
+
+     It has been solemnly adjudged by the highest tribunal known to
+     our laws that slavery exists in Kansas by virtue of the
+     Constitution of the United States. Kansas is, therefore, at
+     this moment as much a slave state as Georgia, or South
+     Carolina.
+
+Trumbull made a speech on the special message as soon as the reading of
+it was finished by the secretary. He reviewed the action of Governor
+Walker, which, in the beginning, had been avowedly taken with the view
+of creating and promoting a Free State Democratic party in Kansas, to
+which end he had made use of the soldiers placed at his disposal by the
+President. That this was an act of usurpation was conclusively shown by
+Trumbull, although Walker claimed that it had served the desirable
+purpose of preventing an armed collision between the contending
+factions. Trumbull then touched upon the Dred Scott case and maintained
+that the Supreme Court had likewise usurped authority by pronouncing an
+opinion on a case not before it. The court had virtually dismissed the
+case for want of jurisdiction. It had decided that Dred Scott was not a
+citizen and had no right to bring this action. There was no longer any
+case before the judges who so held. "Their opinions," said Trumbull,
+"are worth just as much as, and no more than, the opinions of any other
+gentlemen equally respectable in the country." Consequently, President
+Buchanan's assertion that Kansas was then as much a slave state as
+Georgia or South Carolina was unfounded and preposterous. Seward,
+Fessenden, and the Republican Senators generally held to this doctrine,
+but Senator Benjamin, of Louisiana, replied with considerable force that
+it was competent for the court to decide on what grounds it would give
+its decision, and that it did, in so many words, elect to decide the
+question of slavery in the territories, which was the principal question
+raised by the counsel of Dred Scott. That the decision had an aim
+different from the settlement of Dred Scott's claim, and that this aim
+was political, is now sufficiently established. It is also established
+that Dred Scott never took any steps consciously to secure freedom, but
+that the action was brought in his name by some speculating lawyers in
+St. Louis to secure damages or wages from the widow of Scott's master,
+Dr. Emerson.[33] One additional fact is supplied by a letter in the
+Trumbull correspondence, showing how the money was collected to pay the
+plaintiff's court costs.
+
+     G. Bailey, Washington, May 12, 1857, writes, that when the case
+     of Dred Scott was first brought to the notice of Montgomery
+     Blair, he applied to him (Bailey) to know what to do. Blair
+     said he would freely give his services without charge if Bailey
+     would see to the necessary expenses of the case. Not having an
+     opportunity to confer with friends, Bailey replied that he
+     would become responsible. He had no doubt the necessary money
+     could be raised. On this assurance he proceeded, the case was
+     tried, and the result was before the country. Mr. Blair had
+     just rendered the bill of costs: $63.18 for writ of error and
+     $91.50 for printing briefs; total, $154.68. "May I be so bold,
+     my dear sir, as to ask you to contribute two dollars toward the
+     payment of this bill. I am now writing to seventy-five of the
+     Rep. Members of the late Congress, and if they will answer me
+     promptly, each enclosing the quota named, I can discharge the
+     bill by myself paying a double share."
+
+     _Mem._: $2 sent by Trumbull June 20th, '57.
+
+The debate in the Senate on the Lecompton Bill continued till March 23.
+The best speech on the Republican side was made by Fessenden, of Maine,
+than whom a more consummate debater or more knightly character and
+presence has not graced the Senate chamber in my time, if ever. On the
+administration side the laboring oar was taken by Toombs, who spoke with
+more truculence than he had shown in the Thirty-fourth Congress.
+Jefferson Davis, who had been returned to the Senate after serving as
+Secretary of War under Pierce, bore himself in this debate with decorum
+and moderation.
+
+The Lecompton Bill passed the Senate, but was disagreed to by the House,
+and a conference committee was appointed which adopted a bill proposed
+by Congressman English, of Indiana, which offered a large bonus of lands
+to Kansas, for schools, for a university, and for public buildings, if
+she would vote to come into the Union under the Lecompton Constitution
+now. If she would not so vote, she should not have the lands and should
+not come into the Union until she should have a population sufficient
+to elect one member of Congress on the ratio prescribed by law. The form
+of submission to a popular vote was to be: "Proposition accepted," or
+"Proposition rejected." If there was a majority of acceptances, the
+territory should be admitted as a state at once. Senator Seward and
+Representative Howard, Republican members of the conference committee,
+dissented from the report. This bill passed the House.
+
+Douglas made a dignified speech against the English Bill, showing that
+it was in the nature of a bribe to the people to vote in a particular
+way. Although he did not think that the bribe would prevail, he could
+not accept the principle. The bill nevertheless passed on the last day
+of April, and on the 2d of August the English proposition was voted down
+by the people of Kansas by an overwhelming majority. The Lecompton
+Constitution thus disappeared from sublunary affairs, and John Calhoun
+disappeared from Kansas as soon as steps were taken to look into the
+returns of previous elections canvassed by him.
+
+The opinion of a man of high position on the attitude of President
+Buchanan toward Lecomptonism is found in another letter to Trumbull:
+
+     J. D. Caton, chief justice of the supreme court of Illinois,
+     Ottawa, March 6, 1858, does not think all the Presidents and
+     all the Cabinets and all the Congresses and all the supreme
+     courts and all the slaveholders on earth, with all the
+     constitutions that could be drawn, could ever make Kansas a
+     slave state. "No, there has been no such expectation, and I do
+     not believe desire on the part of the present administration to
+     make it a slave state, but as he [Buchanan] had already been
+     pestered to death with it, he resolved to make it a state as
+     soon as possible, and thus being rid of it, let them fight it
+     out as they liked. In this mood the Southern members of the
+     Cabinet found him when the news came of that Lecompton
+     Constitution being framed, and he committed himself, thinking,
+     no doubt, that Douglas would be hot for it and that there would
+     be no general opposition in his own party to it.... You say
+     that the slave trade will be established in every state in the
+     Union in five years if the Democratic party retains power! As
+     Butterfield told the Universalist preacher, who was proving
+     that all men would be saved, 'We hope for better things.'"
+
+FOOTNOTES:
+
+[30] _Cong. Globe_, vol. 42, p. 16.
+
+[31] _Cong. Globe_, 85th Cong., 1st Sess., p. 571.
+
+[32] Lincoln and Herndon, by Joseph Fort Newton, p. 148.
+
+[33] Frederick Trevor Hill in _Harper's Magazine_, July, 1907.
+
+
+
+
+CHAPTER VI
+
+THE CAMPAIGN OF 1858 AND THE JOHN BROWN RAID
+
+
+The events described in the preceding chapter left Senator Douglas still
+the towering figure in national politics. Although he had contributed
+but a small part of the votes in the Senate and House by which the
+Lecompton Bill had been defeated, he had furnished an indispensable
+part. He had humbled the Buchanan administration. He had delivered
+Kansas from the grasp of the Border Ruffians. What he might do for
+freedom in the future, if properly encouraged, loomed large in the
+imagination of the Eastern Republicans. Greeley, Seward, Banks, Bowles,
+Burlingame, Henry Wilson, and scores of lesser lights were quoted as
+desiring to see him returned to the Senate by Republican votes. Some
+were even willing to support him for the Presidency.
+
+The Republicans of Illinois did not share this enthusiasm. Not only had
+they fixed upon Lincoln as their choice for Senator, but they felt that
+they could not trust Douglas. He still said that he cared not whether
+slavery was voted down or voted up. That was the very thing they did
+care about. Could they assume that, after being reëlected by their votes
+and made their standard-bearer, he would be a new man, different from
+the one he had been before? And if he remained of the same opinions as
+before, what would become of the Republican party? Who could answer for
+the demoralizing effects of taking him for a leader? The views of the
+party leaders in Illinois are set forth at considerable length in
+letters received by Senator Trumbull, the first one from Lincoln
+himself:
+
+    BLOOMINGTON, December 28, 1857.
+
+    HON. LYMAN TRUMBULL,
+
+     DEAR SIR: What does the New York _Tribune_ mean by its constant
+     eulogizing and admiring and magnifying Douglas? Does it, in
+     this, speak the sentiments of the Republicans at Washington?
+     Have they concluded that the Republican cause generally can be
+     best promoted by sacrificing us here in Illinois? If so, we
+     would like to know it soon; it will save us a great deal of
+     labor to surrender at once.
+
+     As yet I have heard of no Republican here going over to
+     Douglas, but if the _Tribune_ continues to din his praises into
+     the ears of its five or ten thousand readers in Illinois, it is
+     more than can be hoped that all will stand firm. I am not
+     complaining, I only wish for a fair understanding. Please write
+     me at Springfield.
+
+    Your obt. servant,
+
+    A. LINCOLN.
+
+C. H. Ray, Chicago, March 9, 1858, protests against any trading with
+Douglas on the basis of reëlecting him to the Senate by Republican
+votes. The Republicans of Illinois are unanimous for Lincoln and will
+not swerve from that purpose. Thinks that Douglas is coming to the
+Republican camp and that the disposal of him will be a difficult problem
+unless he will be content with a place in the Cabinet of the next
+Republican President.
+
+J. K. Dubois, Springfield, April 8, says that Hatch (secretary of state)
+and himself were in Chicago a few days since. Found every man there firm
+and true--Judd, Peck, Ray, Scripps, W. H. Brown, etc. Herndon has just
+come home; says that Wilson, Banks, Greeley, etc., are for returning
+Douglas to the Senate. "God forbid! Are our friends crazy?"
+
+J. M. Palmer, Carlinville, May 25:
+
+     We feel here that we have fought a strenuous and
+     well-maintained battle with Douglas, backed up by the whole
+     strength of the Federal patronage, and have won some prospect
+     of overthrowing him and placing Illinois permanently in the
+     ranks of the party of progress, whether called Republican or by
+     some other name, and now, by a "Wall street operation,"
+     Lincoln, to whom we are all under great obligations, and all
+     our men who have borne the heat and burden of the day, are to
+     be kicked to one side and we are to throw up our caps for Judge
+     Douglas, and he very coolly tells us all the time that we are
+     Abolitionists and negro worshipers and that he accepts our
+     votes as a favor to us! Messrs. Greeley, Seward, Burlingame,
+     etc., are presumed to be able to estimate themselves properly,
+     and if they fix only that value on themselves, no one has a
+     right to complain, but if I vote for Douglas under such
+     circumstances, may I be ----. I don't swear, but you may fill
+     this blank as you please. Yet I have no personal feelings
+     against Douglas.... Lincoln and his friends were under no
+     obligation to us in that controversy [of 1855]. We had, though
+     but five, refused to vote for him under circumstances that we
+     thought, at the time, furnished good reason for our refusal. We
+     elected an anti-Nebraska Democrat to the Senate, by his aid
+     most magnanimously rendered, and that result placed us, through
+     you, on the highest possible ground in the new party. If you
+     had not been elected, we should have been a baffled faction at
+     the tail of an alien organization. We have, as a consequence,
+     an anti-Nebraska Democrat for governor, and our men are the
+     bone and sinew of the new organization, though we are in a
+     minority. In all these results Lincoln has contributed his
+     efforts and the Whig element have coöperated. For myself,
+     therefore, I am unalterably determined to do all that I can to
+     elect Lincoln to the Senate. _I_ cannot elect him, but I can
+     give him and all his friends conclusive proof that I am
+     animated by honor and good faith, and will stand up for his
+     election until the Republican party, including himself and his
+     personal friends, say we have done enough. Hence no arrangement
+     that looks to the election of Douglas by Republican votes, that
+     does not meet the approval of Lincoln and his friends, can meet
+     my approval.
+
+The chief difficulty was that Douglas had never established for himself
+a character for stability. People did not know what they could depend
+upon in dealing with him. Other questions than Lecompton would soon come
+up, as to which his course would be uncertain. Who could say whether he
+would look northward or southward for the Presidency two years hence?
+
+Douglas knew that he need not look in either direction unless he could
+first secure his reëlection to the Senate. Bear-like, tied to a stake,
+he must fight the course. His campaign against Lincoln for the
+senatorship does not properly appertain to the Life of Trumbull,
+although the latter took an active part in it. The author's
+recollections and memoranda of that campaign were contributed to another
+publication.[34] He recalls with pity the weary but undaunted look,
+after nearly four months of incessant travel and speaking, of the Little
+Giant, whose health was already much impaired. A letter from Fessenden
+to Trumbull, dated November 16, 1856, spoke of him as "a dying man in
+almost every sense, unless he mends speedily--of which, I take it, there
+is little hope." In the Senate debates from 1855 on, he often spoke of
+his bad health, and in one instance he got out of a sick-bed to vote on
+the Lecompton Bill. The campaign of 1858 was a severe drain on his
+remaining strength, but in manner and mien he gave no sign of the waste
+and exhaustion within.
+
+The Trumbull papers contain some contemporary notes on the campaign of
+1858. The Buchanan Democrats in Illinois gave themselves the
+high-sounding title of the National Democracy. By the Douglas men they
+were called "Danites," a name borrowed from the literature of Mormondom.
+Traces of this sect are found in the following letters:
+
+     D. L. Phillips, Anna, Union County, February 16, 1858, says
+     that Hon. John Dougherty will start in a few days for
+     Washington to console the President and look for an office for
+     himself. (He obtained the Marshalship of southern Illinois.)
+
+     W. H. Herndon, Springfield, July 8:
+
+     Mr. Lincoln was here a moment ago and told me that he had just
+     seen Col. Dougherty and had a conversation with him. He told
+     Lincoln that the National Democracy intended to run in every
+     county and district, a National Democrat for each and every
+     office. Lincoln replied, "If you do this the thing is settled."
+     ... Lincoln is very certain as to Miller's and Bateman's
+     election (on the state ticket), but is gloomy and rather
+     uncertain about his own success.
+
+Lincoln's own thoughts respecting the Danites are set forth incidentally
+in the following letter:
+
+    SPRINGFIELD, June 23, 1858.
+
+    HON. LYMAN TRUMBULL,
+
+     MY DEAR SIR: Your letter of the 16th reached me only yesterday.
+     We had already seen by telegraph a report of Douglas's
+     onslaught upon everybody but himself. I have this morning seen
+     the Washington _Union_, in which I think the Judge is rather
+     worsted in regard to the onslaught.
+
+     In relation to the charge of an alliance between the
+     Republicans and the Buchanan men in the state, if being rather
+     pleased to see a division in the ranks of Democracy, and not
+     doing anything to prevent it, be such an alliance, then there
+     is such an alliance. At least, that is true of me. But if it be
+     intended to charge that there is any alliance by which there is
+     to be any concession of principle on either side, or furnishing
+     of sinews, or partition of offices, or swapping of votes to any
+     extent, or the doing of anything, great or small, on the one
+     side for a consideration expressed or implied on the other, no
+     such thing is true so far as I know or believe.
+
+     Before this reaches you, you will have seen the proceedings of
+     our Republican State Convention. It was really a grand affair
+     and was in all respects all that our friends could desire.
+
+     The resolution in effect nominating me for Senator was passed
+     more for the object of closing down upon the everlasting
+     croaking about Wentworth than anything else. The signs look
+     reasonably well. Our state ticket, I think, will be elected
+     without much difficulty. But with the advantages they have of
+     us, we shall be hard run to carry the legislature. We shall
+     greet your return home with great pleasure.
+
+    Yours very truly,
+
+    A. LINCOLN.
+
+The only counties in the state in which the Danites showed any vitality
+were Union County in the south and Bureau County in the north. They
+polled only 5079 votes in the whole state.
+
+The influence of the Eastern Republicans, who were inclined to support
+Douglas at the beginning of the campaign, and especially that of the New
+York _Tribune_, is noted by Judd and Herndon.
+
+     N. B. Judd, Chicago, July 16:
+
+     We have lost some Republicans in this region.... You may
+     attribute it to the course of the New York _Tribune_, which has
+     tended to loosen party ties and induce old Whigs to look upon
+     D.'s return to the Senate as rather desirable. You ought to
+     come to Illinois as soon as you can by way of New York and
+     straighten out the newspapers there. Even the _Evening Post_
+     compares Douglas to Silas Wright. Bah!
+
+W. H. Herndon, Springfield, July 22:
+
+     There were some Republicans here--more than we had any idea
+     of--who had been silently influenced by Greeley, and who
+     intended to go for Douglas or not take sides against him. His
+     speech here aroused the old fires and now they are his enemies.
+     Has received a letter from Greeley in which he says: "Now,
+     Herndon, I am going to do all I reasonably can to elect
+     Lincoln."
+
+N. B. Judd, Chicago, December 26 (after the election), says:
+
+     Horace Greeley has been here lecturing and doing what mischief
+     he could. He took Tom Dyer [Democrat, ex-mayor] into his
+     confidence and told him all the party secrets that he knew,
+     such as that we had been East and endeavored to get money for
+     the canvass and that we failed, etc.;--a beautiful chap he is,
+     to be entrusted with the interests of a party. Lecturing is a
+     mere pretense. He is running around to our small towns with
+     that pretense, but really to head off the defection from his
+     paper. It is being stopped by hundreds.
+
+A. Jonas, Quincy, same date:
+
+     H. Greeley delivered a lecture before our lyceum last
+     evening--a large crowd to hear him. John Wood, Browning,
+     myself, and others talked to him very freely about the course
+     of the _Tribune_ in the late campaign. He acknowledged we were
+     right.
+
+The Douglas men elected a majority of the legislature, but did not have
+a majority, or even a plurality, of the popular vote. So it appears from
+a letter to Trumbull, the existence of which the author himself had
+forgotten.
+
+     Horace White, Chicago, January 10, 1859, sends a table of votes
+     cast for members of the legislature in the election of 1858,
+     showing a plurality of 4191 for Republican candidates for the
+     House of Representatives.
+
+     W. H. Herndon, Springfield, says that Lincoln was defeated in
+     the counties of Sangamon, Morgan, Madison, Logan, and Mason--a
+     group of counties within a radius of eighty miles from the
+     capital. They were men from Kentucky, Tennessee, and Virginia
+     mainly, old-line Whigs, timid, but generally good men,
+     supporters of Fillmore in the election of 1856. "These men must
+     be reached in the coming election of 1860. Otherwise Trumbull
+     will be beaten also."
+
+    SPRINGFIELD, January 29,1859.
+
+    HON. LYMAN TRUMBULL,
+
+     DEAR SIR: I have just received your late speech in pamphlet
+     form, sent me by yourself. I had seen and read it before in a
+     newspaper and I really think it a capital one. When you can
+     find leisure, write me your present impression of Douglas's
+     movements.
+
+     Our friends here from different parts of the state, in and out
+     of the legislature, are united, resolute, and determined, and I
+     think it almost certain that we shall be far better organized
+     in 1860 than ever before.
+
+     We shall get no just apportionment (of legislative districts)
+     and the best we can do--if we can do that--is to prevent one
+     being made worse than the present.
+
+    Yours as ever,
+
+    A. LINCOLN.
+
+A letter from Lincoln following the campaign of 1858, is appended as
+showing the cordial relations existing between himself and Trumbull. The
+latter had written to him from Washington under date January 29, 1859,
+saying that John Wentworth had written an article, intended for
+publication in the Chicago _Journal_ (but which the editor of that paper
+had refused to print), imputing bad faith toward Lincoln on the part of
+N. B. Judd, B. C. Cook, and others, including Trumbull, in the last
+senatorial campaign. Trumbull had received a copy of this article, and
+as its object was to create enmity between friends, and as it would
+probably be published somewhere, he wished to assure Lincoln that the
+statements and insinuations contained in it were wholly false. To this
+Lincoln replied as follows:
+
+    SPRINGFIELD, February 3, 1859.
+
+    HON. L. TRUMBULL,
+
+     MY DEAR SIR: Yours of the 29th is received. The article
+     mentioned by you, prepared for the Chicago _Journal_, I have
+     not seen; nor do I wish to see it, though I heard of it a month
+     or more ago. Any effort to put enmity between you and me is as
+     idle as the wind. I do not for a moment doubt that you, Judd,
+     Cook, Palmer, and the Republicans generally coming from the old
+     Democratic ranks, were as sincerely anxious for my success in
+     the late contest as myself, and I beg to assure you beyond all
+     possible cavil that you can scarcely be more anxious to be
+     sustained two years hence than I am that you shall be
+     sustained. I cannot conceive it possible for me to be a rival
+     of yours or to take sides against you in favor of any rival.
+     Nor do I think there is much danger of the old Democratic and
+     Whig elements of our party breaking into opposing factions.
+     They certainly shall not if I can prevent it.
+
+    Yours as ever,
+
+    A. LINCOLN.
+
+Twenty days after this letter was penned, there was a debate in the
+Senate which was an echo of the Illinois campaign, which must have been
+extremely interesting to both Lincoln and Trumbull. In a debate with
+Douglas in 1856, as already noted, Trumbull had asked him whether, under
+his doctrine of popular sovereignty, the people could prohibit slavery
+in a territory before they came to form a state constitution. He replied
+that that was a judicial question to be settled by the courts, and that
+all good Democrats would bow to the decision of the Supreme Court
+whenever it should be made. At Freeport, in the campaign of 1858,
+Lincoln put the same question to him in a slightly different form.
+
+On the 23d of February, 1859, there was a Senate debate on this
+question, in which Douglas contended that the Democratic party, by
+supporting General Cass in 1848, had endorsed the same opinion that he
+(Douglas) had maintained at Freeport, since Cass, in his so-called
+"Nicholson Letter," had affirmed the doctrine of squatter sovereignty as
+to slavery in the territories. Douglas now contended that every Southern
+state that gave its electoral vote to Cass, including Mississippi, was
+committed to the doctrine that the people of a territory could lawfully
+exclude slavery while still in a territorial condition. Jefferson Davis
+replied:
+
+     The State of Mississippi voted [in 1848] under the belief that
+     that letter meant no more than that when the territory became a
+     state, it had authority to decide that question.... If it had
+     been known that the venerable candidate then of the Democratic
+     party, and now Secretary of State, held the opinion which he so
+     frankly avowed at a subsequent period on the floor of the
+     Senate, I tell you, sir [addressing Douglas], he would have had
+     no more chance to get the vote of Mississippi than you with
+     your opinions would have to-day.[35]
+
+On the 2d of February, 1860, Davis introduced a series of resolutions in
+the Senate of a political character evidently intended to head off
+Douglas at the coming Charleston Convention; or, failing that, to pave
+the way for the withdrawal of the delegates of the cotton-growing
+states. The fourth resolution was directed against the Douglas doctrine
+of unfriendly legislation, thus:
+
+     _Resolved_, That neither Congress nor a territorial
+     legislature, whether by direct legislation or legislation of
+     indirect and unfriendly nature, possesses the power to annul or
+     impair the constitutional right of any citizen of the United
+     States to take his slave property into the common territories;
+     but it is the duty of the Federal Government there to afford
+     for that, as for other species of property, the needful
+     protection; and if experience should at any time prove that the
+     judiciary does not possess power to insure adequate protection,
+     it will then become the duty of Congress to supply such
+     deficiency.
+
+The Senate debate between Douglas and his Southern antagonists was
+resumed in May, after the explosion of the Charleston Convention.
+Douglas made a two days' speech (May 15 and 16) occupying four hours
+each day, but did not mention the subject of unfriendly legislation, or
+show how a territorial legislature could nullify or circumvent the Dred
+Scott decision. He was answered by Benjamin, of Louisiana, in a speech
+which made a sensation throughout the country, and in which the
+doctrine of unfriendly legislation was mauled to tatters. Benjamin was
+the first Southern statesman to make his bow to the rising fame of
+Lincoln. After examining the Freeport debate, he said:
+
+     We accuse him [Douglas] for this, to-wit: that, having
+     bargained with us upon a point upon which we were at issue,
+     that it should be considered a judicial question; that he would
+     abide the decision; that he would act under the decision and
+     consider it a doctrine of the party; that, having said that to
+     us here in the Senate, he went home, and under the stress of a
+     local election his knees gave way; his whole person trembled.
+     His adversary stood upon principle and was beaten, and lo, he
+     is the candidate of a mighty party for Presidency of the United
+     States. The Senator from Illinois faltered; he got the prize
+     for which he faltered, but lo, the prize of his ambition slips
+     from his grasp, because of the faltering which he paid as the
+     price of the ignoble prize--ignoble under the circumstances
+     under which he obtained it.[36]
+
+There are scores of letters in Trumbull's correspondence calling for
+copies of Benjamin's speech, yet it had no effect in Illinois, the
+Danite vote being smaller in 1860 than it had been in 1858. Probably it
+had influence in the National Democratic Convention at Charleston, from
+which the delegates from ten Southern States seceded in whole or part
+when the Douglas platform was adopted. This split was followed by an
+adjournment to Baltimore, where a second split took place, Douglas being
+nominated by one faction and Breckinridge, of Kentucky, by the other.
+
+       *       *       *       *       *
+
+Fifty years have passed since John Brown, with twenty-one men, seized
+the Government armory and arsenal at Harper's Ferry (October 16, 1859),
+in an attempt to abolish slavery in the United States. As sinews of
+war, he had about four thousand dollars, or dollars' worth of material
+of one kind and another. With such resources he expected to do something
+which the Government itself, with more than a million trained soldiers,
+five hundred warships, and three billions of dollars, accomplished with
+difficulty at the end of a four years' war, during which no negro
+insurrection, large or small, took place. One might think that the
+scheme itself was evidence of insanity. But to prove Brown insane on
+this ground alone, we must convict also the persons who plotted and
+coöperated with him and who furnished him money and arms, knowing what
+he intended to do with them. Some of these were men of high intelligence
+who are still living without strait-jackets, and it is not conceivable
+that they aided and abetted him without first estimating, as well as
+they were able, the chances of success. Yet Brown refused to allow his
+counsel to put in a plea of insanity on his trial, saying that he was no
+more insane then than he had been all his life, which was probably true.
+If he was not insane at the time of the Pottawatomie massacre, he was a
+murderer who forfeited his own life five times in one night by taking
+that number of lives of his fellow men in cold blood.
+
+I saw and talked with Brown perhaps half a dozen times at Chicago during
+his journeys to and from Kansas. He impressed me then as a religious
+zealot of the Old Testament type, believing in the plenary inspiration
+of the Scriptures and in himself as a competent interpreter thereof. But
+the text "Vengeance is mine, saith the Lord, I will repay," never
+engaged his attention. He was oppressed with no doubts about anything,
+least of all about his own mission in the world. His mission was to
+bring slavery to an end, but that was a subject that he did not talk
+about. He was a man of few words, and was extremely reticent about his
+plans, even those of ordinary movements in daily life. He had a square
+jaw, clean-shaven, and an air of calmness and self-confidence, which
+attracted weaker intellects and gave him mastery over them. He had
+steel-gray eyes, and steel-gray hair, close-cropped, that stood stiff on
+his head like wool cards, giving him an aspect of invincibleness. When
+he applied to the National Kansas Committee for the arms in their
+possession after the Kansas war was ended, he was asked by Mr. H. B.
+Hurd, the secretary, what use he intended to make of them. He refused to
+answer, and his request was accordingly denied. The arms were voted back
+to the Massachusetts men who had contributed them originally. Brown
+obtained an order for them from the owners.
+
+The Thirty-sixth Congress met on the 5th of December, 1859. The first
+business introduced in the Senate was a resolution from Mason, of
+Virginia, calling for the appointment of a committee to inquire into the
+facts attending John Brown's invasion and seizure of the arsenal at
+Harper's Ferry. Trumbull offered an amendment proposing that a similar
+inquiry be made in regard to the seizure in December, 1855, of the
+United States Arsenal at Liberty, Missouri, and the pillage thereof by a
+band of Missourians, who were marching to capture and control the
+ballot-boxes in Kansas. On the following day Trumbull made a brief
+speech in support of his amendment, in the course of which he commented
+on the Harper's Ferry affair in words which have never faded from the
+memory of the present writer. Nobody during the intervening half-century
+has summed up the moral and legal aspects of the John Brown raid more
+truly or more forcibly. He said:
+
+     I hope this investigation will be thorough and complete. I
+     believe it will do good by disabusing the public mind, in that
+     portion of the Union which feels most sensitive upon this
+     subject, of the idea that the outbreak at Harper's Ferry
+     received any countenance or support from any considerable
+     number of persons in any portion of this Union. No man who is
+     not prepared to subvert the Constitution, destroy the
+     Government, and resolve society into its original elements, can
+     justify such an act. No matter what evils, either real or
+     imaginary, may exist in the body politic, if each individual,
+     or every set of twenty individuals, out of more than twenty
+     millions of people, is to be permitted, in his own way and in
+     defiance of the laws of the land, to undertake to correct those
+     evils, there is not a government on the face of the earth that
+     could last a day. And it seems to me, sir, that those persons
+     who reason only from abstract principles and believe themselves
+     justifiable on all occasions, and in every form, in combating
+     evil wherever it exists, forget that the right which they claim
+     for themselves exists equally in every other person. All
+     governments, the best which have been devised, encroach
+     necessarily more or less on the individual rights of man and to
+     that extent may be regarded as evils. Shall we, therefore,
+     destroy Government, dissolve society, destroy regulated and
+     constitutional liberty, and inaugurate in its stead anarchy--a
+     condition of things in which every man shall be permitted to
+     follow the instincts of his own passions, or prejudices, or
+     feelings, and where there will be no protection to the
+     physically weak against the encroachments of the strong? Till
+     we are prepared to inaugurate such a state as this, no man can
+     justify the deeds done at Harper's Ferry. In regard to the
+     misguided man who led the insurgents on that occasion, I have
+     no remarks to make. He has already expiated upon the gallows
+     the crime which he committed against the laws of his country;
+     and to answer for his errors, or his virtues, whatever they may
+     have been, he has gone fearlessly and willingly before that
+     Judge who cannot err; there let him rest.
+
+The debate continued several days and took a pretty wide range, the
+leading Senators on both sides taking part in it. Trumbull bore the
+brunt of it on the Republican side, and was cross-examined in courteous
+but searching terms by Yulee, of Florida, Chesnut, of South Carolina,
+and Clay, of Alabama, who conceived that the teachings of the Republican
+party tended to produce such characters as John Brown. Trumbull answered
+all their queries promptly, fully, and satisfactorily to his political
+friends, if not to his questioners. Nothing in his senatorial career
+brought him more cordial letters of approval than this debate. One such
+came from Lincoln:
+
+    SPRINGFIELD, December 25, 1859.
+
+     HON. LYMAN TRUMBULL,
+
+     DEAR SIR: I have carefully read your speech, and I judge that,
+     by the interruptions, it came out a much better speech than you
+     expected to make when you began. It really is an excellent one,
+     many of the points being most admirably made.
+
+     I was in the inside of the post-office last evening when a mail
+     came bringing a considerable number of your documents, and the
+     postmaster said to me: "These will be put in the boxes, and
+     half will never be called for. If Trumbull would send them to
+     me, I would distribute a hundred where he will get ten
+     distributed this way." I said: "Shall I write this to
+     Trumbull?" He replied: "If you choose you may." I believe he
+     was sincere, but you will judge of that for yourself.
+
+    Yours as ever,
+
+    A. LINCOLN.
+
+The next in chronological order of the letters of Lincoln to Trumbull is
+the following:
+
+    SPRINGFIELD, March 16, 1860.
+
+     HON. L. TRUMBULL,
+
+     MY DEAR SIR: When I first saw by the dispatches that Douglas
+     had run from the Senate while you were speaking, I did not
+     quite understand it; but seeing by the report that you were
+     cramming down his throat that infernal stereotyped lie of his
+     about "negro equality," the thing became plain.
+
+     Another matter; our friend Delahay wants to be one of the
+     Senators from Kansas. Certainly it is not for outsiders to
+     obtrude their interference. Delahay has suffered a great deal
+     in our cause and been very faithful to it, as I understand. He
+     writes me that some of the members of the Kansas legislature
+     have written you in a way that your simple answer might help
+     him. I wish you would consider whether you cannot assist that
+     far, without impropriety. I know it is a delicate matter; and I
+     do not wish to press you beyond your own judgment.
+
+    Yours as ever,
+
+    A. Lincoln.[37]
+
+FOOTNOTES:
+
+[34] Herndon-Weik. _Life of Lincoln_, 2d edition, vol. II, chap. IV.
+
+[35] When Lincoln, at the Freeport debate, asked Douglas whether the
+people of a territory could in any lawful way exclude slavery from their
+limits prior to the formation of a state constitution, Douglas replied
+that Lincoln had heard him answer that question "a hundred times from
+every stump in Illinois." He certainly had answered it more than once,
+and his answer had been published without attracting attention or
+comment either North or South. On the 16th of July, 1858, six weeks
+before the Freeport joint debate, he spoke at Bloomington, and there
+announced and affirmed the doctrine of "unfriendly legislation" as a
+means of excluding slavery from the territories. Lincoln was one of the
+persons present when this speech was delivered. On the next day, Douglas
+spoke at Springfield and repeated what he had said at Bloomington. Both
+of these speeches were published in the Illinois _State Register_ of
+July 19, yet the fact was not perceived, either by Lincoln himself, or
+by any of the lynx-eyed editors and astute political friends who labored
+to prevent him from asking Douglas the momentous question. Nor did the
+Southern leaders seem to be aware of Douglas's views on this question
+until they learned it from the Freeport debate.
+
+[36] _Cong. Globe_, 36th Cong., 1st Sess., p. 2241.
+
+[37] The manuscript of the foregoing letter is in the Lambert collection
+of Lincolniana. The two following which relate also to Delahay's
+senatorial aspirations, are in the collection of Jesse W. Weik, of
+Greencastle, Ind.:
+
+    SPRINGFIELD, October 17, 1859.
+
+    DEAR DELAHAY: Your letter requesting me to drop a line in your
+    favor to Gen. Lane was duly received. I have thought it over,
+    and concluded it is not the best way. Any open attempt on my
+    part would injure you; and if the object merely be to assure
+    Gen. Lane of my friendship for you, show him the letter herewith
+    enclosed. I never saw him, or corresponded with him; so that a
+    letter directly from me to him, would run a great hazard of
+    doing harm to both you and me.
+
+    As to the pecuniary matter, about which you formerly wrote me, I
+    again appealed to our friend Turner by letter, but he never
+    answered. I can but repeat to you that I am so pressed myself,
+    as to be unable to assist you, unless I could get it from him.
+
+    Yours as ever,
+
+    (Enclosure)                    A. LINCOLN.
+
+    SPRINGFIELD, October 17, 1859.
+
+    M. W. DELAHAY, ESQ.,
+
+    My dear Sir: I hear your name mentioned for one of the seats in
+    the U.S. Senate from your new state. I certainly would be
+    gratified with your success; and if there was any proper way for
+    me to give you a lift, I would certainly do it. But, as it is, I
+    can only wish you well. It would be improper for me to
+    interfere; and if I were to attempt it, it would do you harm.
+
+    Your friend, as ever,
+
+    A. LINCOLN.
+
+P.S. Is not the election news glorious?
+
+We shall hear of Delahay again.
+
+
+
+
+CHAPTER VII
+
+THE ELECTION OF LINCOLN--SECESSION
+
+
+The nomination of Lincoln for President by the Republican National
+Convention in 1860 was a rather impromptu affair. In the years preceding
+1858 he had not been accounted a party leader of importance in national
+politics. The Republican party was still inchoate. Seward and Chase were
+its foremost men. Next to them in rank were Sumner, Fessenden, Hale,
+Collamer, Wade, Banks, and Sherman. Lincoln was not counted even in the
+second rank until after the joint debates with Douglas. Attention was
+riveted upon him because his antagonist was the most noted man of the
+time. After the contest of 1858 was ended, although ended in defeat,
+Lincoln was certainly elevated in public estimation to a good place in
+the second rank of party leadership. It was not until the beginning of
+1860, however, that certain persons in Illinois began to think of him as
+a possible nominee for the Presidency. Lincoln did not think of himself
+in that light until the month of March, about ten weeks before the
+convention met. His estimate of his own chances was sufficiently modest,
+and even that was shared by few. After the event his nomination was seen
+to have been a natural consequence of preëxisting facts. Seward was the
+logical candidate of the party if, upon a comparison of views, it were
+believed that he could be elected. One third of the delegates of
+Illinois desired his nomination and intended to vote for him after a few
+complimentary votes for Lincoln.
+
+There were some indispensable states, however, which, many people
+believed, Seward could not carry. In Pennsylvania, Indiana, New Jersey,
+Connecticut, and Rhode Island he was accounted too radical for the
+temper of the electors. Illinois was reckoned by Trumbull and other
+experienced politicians as doubtful if Seward should be the
+standard-bearer. A conservative candidate of good repute, and
+sufficiently well known to the public, seemed to be a desideratum.
+Nobody had as yet thought of seeking a _radical_ candidate, who was
+generally reputed to be a _conservative_. Bates, of Missouri, and
+McLean, of Ohio, were the men most talked about by those who hesitated
+to take Seward. McLean was a judge of the Supreme Court appointed by
+President Jackson. He had been Postmaster-General under Monroe and John
+Quincy Adams, and was now seventy-five years of age. Trumbull considered
+him the safest candidate, for vote-getting purposes, as regarded
+Illinois, if Lincoln were not nominated. In a letter dated April 7,
+Lincoln had said that "if McLean were ten years younger he would be our
+best candidate." Bates was regarded by both Lincoln and Trumbull as a
+fairly good candidate, but Trumbull had been advised by Koerner, the
+most influential German in Illinois, that Bates could not command the
+German vote. Koerner had said also (in a letter dated March 15) that he
+had made himself acquainted with the contents of more than fifty German
+Republican newspapers in the United States and had found that they were
+nearly unanimous for Seward, or Frémont, as first choice, but that they
+would cordially support Lincoln or Chase.
+
+On the 24th of April, Trumbull wrote to Lincoln in reference to the
+Chicago nomination. He said that his own impression was that, as between
+Lincoln and Seward, the latter would have the larger number of delegates
+and would be likely to succeed; and that this was the prevailing belief
+in Washington, even among those who did not want Seward nominated. He
+was also of the opinion that Seward could not be elected if nominated.
+The Congressmen from the doubtful states were generally of that opinion,
+and his own correspondence from central and southern Illinois pointed
+the same way. The next question was whether the nomination of Seward
+could be prevented. It was Trumbull's opinion that McLean was the only
+man who could succeed in the convention as against Seward, and he could
+do so only as a compromise candidate, beginning with a few votes, but
+being the second choice of a sufficient number to outvote Seward in the
+end. As to Lincoln's chances he said:
+
+     Now I wish you to understand that I am for you first and
+     foremost, and want our state to send not only delegates
+     instructed in your favor, but your friends, who will stand by
+     you and nominate you if possible, never faltering unless you
+     yourself shall so advise.
+
+In conclusion he asked Lincoln's opinion about McLean. Lincoln replied
+in the following letter:
+
+    SPRINGFIELD, April 29, 1860.
+
+     Hon. L. Trumbull,
+
+     My dear Sir: Yours of the 24th was duly received, and I have
+     postponed answering it, hoping by the result at Charleston, to
+     know who is to lead our adversaries, before writing. But
+     Charleston hangs fire, and I wait no longer.
+
+     As you request, I will be entirely frank. The taste _is_ in my
+     mouth a little; and this, no doubt, disqualifies me, to some
+     extent, to form correct opinions. You may confidently rely,
+     however, that by no advice or consent of mine shall my
+     pretensions be pressed to the point of endangering our common
+     cause.
+
+     Now as to my opinion about the chances of others in Illinois, I
+     think neither Seward nor Bates can carry Illinois if Douglas
+     shall be on the track; and that either of them can, if he shall
+     not be. I rather think McLean could carry it, with Douglas on
+     or off. In other words, I think McLean is stronger in Illinois,
+     taking all sections of it, than either Seward or Bates, and I
+     think Seward the weakest of the three. I hear no objection to
+     McLean, except his age, but that objection seems to occur to
+     every one, and it is possible it might leave him no stronger
+     than the others. By the way, if we should nominate him, how
+     should we save ourselves the chance of filling his vacancy in
+     the court? Have him hold on up to the moment of his
+     inauguration? Would that course be no drawback upon us in the
+     canvass?
+
+     Recurring to Illinois, we want something quite as much as, and
+     which is harder to get than, the electoral vote,--the
+     legislature,--and it is exactly on this point that Seward's
+     nomination would be hard on us. Suppose he should gain us a
+     thousand votes in Winnebago, it would not compensate for the
+     loss of fifty in Edgar.
+
+     A word now for your own special benefit. You better write no
+     letter which can be distorted into opposition, or
+     _quasi_-opposition, to me. There are men on the constant watch
+     for such things, out of which to prejudice my peculiar friends
+     against you. While I have no more suspicion of you than I have
+     of my best friend living, I am kept in a constant struggle
+     against questions of this sort. I have hesitated some to write
+     this paragraph, lest you should suspect I do it for my own
+     benefit and not for yours, but on reflection I conclude you
+     will not suspect me. Let no eye but your own see this--not that
+     there is anything wrong or even ungenerous in it, but it would
+     be misconstrued.
+
+    Your friend as ever,
+
+    A. LINCOLN.
+
+What happened in the Chicago Convention was widely different from the
+conjectures of these writers, but the result seemed entirely reasonable
+after it was reached. Lincoln was as radical as Seward--subsequent
+events proved him to be more so--but his tone and temper had been more
+conservative, more sedative, more sympathetic toward "our Southern
+brethren," as he often called them. He had never endorsed the
+"higher-law doctrine," with which Seward's name was associated; he
+believed that the South was entitled, under the Constitution, to an
+efficient Fugitive Slave Law; he had never incurred the enmity, as
+Seward had, of the Fillmore men, or of the American party.
+
+These facts, coupled with some personal contact and neighborliness,
+early attracted the conservative delegates of Indiana. Seward, with his
+"irrepressible conflict" speech, had been too strong a dose for them,
+but they were quite willing to take Lincoln, whose phrase, "the house
+divided against itself," had preceded the irrepressible conflict speech
+by some months. The example of Indiana bore immediate fruit in other
+quarters, and especially in Pennsylvania. Curtin, the nominee for
+governor, was early convinced that Seward could not carry that state,
+but that Lincoln could. Curtin and Henry S. Lane, the nominee for
+governor of Indiana, became active torch-bearers for Lincoln.
+
+When those states pronounced for Lincoln, the men of Vermont (the most
+radical of the New England States), who had been waiting and watching in
+the Babel of discord for some solid and assured fact, voting meantime
+for Collamer, turned to Lincoln and gave him their entire vote.
+Vermont's example was more important than her numerical strength, for it
+disclosed the inmost thoughts of a group of intelligent, high-principled
+men, who were moved by an unselfish purpose and a solemn responsibility.
+Lincoln had now become the cynosure of the conservatives with a
+first-class radical endorsement to boot, and he deserved both
+distinctions. His nomination followed on the third ballot.
+
+Dr. William Jayne, Springfield, May 20, wrote to Trumbull:
+
+     The National Convention is over and Lincoln is our
+     standard-bearer, much (I doubt not) to his own surprise; I know
+     to the surprise of his friends. They went to Chicago fearful
+     that Seward would be nominated, and ready to unite on any
+     other man, but anxious and zealous for Lincoln. Pennsylvania
+     could agree on no man of her own heartily. Ohio was for Chase
+     and Wade. Indiana was united on Lincoln. That fact made an
+     impression on the New England States. Seward's friends were
+     quite confident after the balloting commenced. Now, if Douglas
+     is not nominated, we will carry the state by thousands. If D.
+     is nominated, we will carry the state, but we will have a hard
+     fight to do it.
+
+Out of a large mass of letters in the Trumbull correspondence touching
+the nomination of Lincoln, a half-dozen are selected as examples.
+
+     Richard Yates, Jacksonville, May 24, 1860, says the Chicago
+     nominations were received with delight, and there is every
+     indication of success in Illinois.
+
+     John Tillson, Quincy, May 28, writes that the nominations are
+     highly acceptable here to every one except the Douglas men, who
+     have just found out that Mr. Seward is the purest, ablest, and
+     most consistent statesman of the age.
+
+     J. A. Mills, Atlanta, Logan County, June 4: "I have never seen
+     such enthusiasm, at least since 1840, as is now manifested for
+     Lincoln. Scores of Democrats are coming over to us."
+
+     B. Lewis, Jacksonville, June 6: "The Charleston Convention has
+     struck the Democratic party with paralysis wherever Douglas was
+     popular as their leader (and that was pretty much all over the
+     free states), and we have now such an opportunity to make an
+     impression as I never saw before.... We are actually making
+     conversions here every day. The fact tells the whole story. In
+     1858 I anxiously desired to hear of one occasionally, at least
+     as a sign, but I could never hear of a single one. Now it is
+     all gloriously changed."
+
+     W. H. Herndon, Springfield, June 14: "Lincoln is well and doing
+     well. Has hundreds of letters daily. Many visitors every hour
+     from all sections. He is bored, _bored badly_. Good gracious! I
+     would not have his place and be bored as he is. I could not
+     endure it."
+
+     H. G. McPike, Alton, June 29: "We have distributed a large
+     number of speeches as you are aware, the most effective, I
+     think, under all the circumstances, is that of Carl Schurz."
+
+In reply to letters of Trumbull, of which no copies were kept by him,
+Lincoln wrote the following:
+
+    SPRINGFIELD, May 26, 1860.
+
+    HON. L. TRUMBULL,
+
+     MY DEAR SIR: I have received your letter since the nomination,
+     for which I sincerely thank you. As you say, if we cannot get
+     our state up now, I do not see when we can. The nominations
+     start well here, and everywhere else as far as I have heard. We
+     may have a back-set yet. Give my respects to the Republican
+     Senators, and especially to Mr. Hamlin, Mr. Seward, Gen.
+     Cameron, and Mr. Wade. Also to your good wife. Write again, and
+     do not write so short letters as I do.
+
+    Your friend as ever,
+
+    A. LINCOLN.
+
+    SPRINGFIELD, ILL., June 5, 1860.
+
+    HON. L. TRUMBULL,
+
+     MY DEAR SIR: Yours of May 31, inclosing Judge R.'s[38] letter
+     is received. I see by the papers this morning, that Mr.
+     Fillmore refused to go with us. What do the New Yorkers at
+     Washington think of this? Governor Reeder was here last
+     evening, direct from Pennsylvania. He is entirely confident of
+     that state and of the general result. I do not remember to have
+     heard Gen. Cameron's opinion of Penn. Weed was here and saw us,
+     but he showed no signs whatever of the intriguer. He asked for
+     nothing and said N. Y. is safe without conditions.
+
+     Remembering that Peter denied his Lord with an oath, after most
+     solemnly protesting that he never would, I will not swear I
+     will make no committals, but I do not think I will.
+
+     Write me often. I look with great interest for your letters
+     now.
+
+    Yours as ever,
+
+    A. LINCOLN.
+
+Notwithstanding the brilliant opening of the campaign, the contest in
+Illinois was a very stiff one. Dr. Jayne's forecast was confirmed by the
+result. Lincoln's plurality over Douglas in the state was 11,946, and
+his majority over all was 4629. Dr. Jayne was himself elected State
+Senator in the district composed of Sangamon and Morgan counties. The
+Republican State Committee made extraordinary efforts to carry this
+district, as they believed that the reëlection of Senator Trumbull would
+depend upon it. They obtained five thousand dollars as a special fund
+from New York for this purpose. Jayne was elected by a majority of seven
+votes, but Douglas received a plurality of one hundred and three over
+Lincoln in the same district. By the election of Jayne, the Republicans
+secured a majority of one in the State Senate. This insured the holding
+of a joint convention of the legislature, at which Trumbull was
+reëlected Senator.
+
+At Springfield, Illinois, November 20, 1860, there was a grand
+celebration of the election of Lincoln and Hamlin, at which speeches
+were made by Trumbull, Palmer, and Yates. Lincoln had been urged to say
+something at this meeting that would tend to quiet the rising surges of
+disunion at the South, but he thought that the time for him to speak had
+not yet come. He wished to let his record speak for him, and to see
+whether the commotion in the slaveholding states would increase or
+subside. Meanwhile he desired that the influence of this public meeting
+at his home should be peaceful and not irritating. To this end he wrote
+the following words, handed them to Trumbull and asked him to make them
+a part of his speech:
+
+     I have labored in and for the Republican organization with
+     entire confidence that, whenever it shall be in power, each and
+     all of the states will be left in as complete control of their
+     own affairs respectively, and at as perfect liberty to choose
+     and employ their own means of protecting property and
+     preserving peace and order within their respective limits, as
+     they have ever been under any administration. Those who have
+     voted for Mr. Lincoln have expected and still expect this; and
+     they would not have voted for him had they expected otherwise.
+
+     I regard it as extremely fortunate for the peace of the whole
+     country that this point, upon which the Republicans have been
+     so long and so persistently misrepresented, is now brought to a
+     practical test and placed beyond the possibility of a doubt.
+     Disunionists _per se_ are now in hot haste to get out of the
+     Union, because they perceive they cannot much longer maintain
+     an apprehension among the Southern people that their homes and
+     firesides and their lives are to be endangered by the action of
+     the Federal Government. With such "Now or never" is the maxim.
+     I am rather glad of the military preparations in the South. It
+     will enable the people the more easily to suppress any
+     uprisings there, which those misrepresentations of purpose may
+     have encouraged.
+
+These words were incorporated in Mr. Trumbull's speech and were printed
+in the newspapers, and the manuscript in Lincoln's handwriting is still
+preserved.[39]
+
+But Mr. Lincoln's record neither hastened nor retarded the secession of
+the Southern States. The words he had previously spoken or written were
+as completely disregarded by the promoters of disunion as were those
+uttered now by Trumbull.
+
+Jefferson Davis was not one of the hot-heads of secession. His speech in
+the Senate on January 10, 1861, reads like that of a man who sincerely
+regretted the step that South Carolina had taken, and deprecated that
+which Mississippi was about to take, although he justified it afterward,
+but he believed that the coercion of South Carolina would be the
+death-knell of the Union. His remedy for the existing menace was not to
+reinforce the garrison at Fort Sumter, but to withdraw it altogether, as
+a preliminary step to negotiations with the seceding state. Yet he did
+not say what terms South Carolina would agree to, or that she would
+agree to any. That Lincoln was in no mood to offer terms to South
+Carolina or to any seceding states which did not say what would satisfy
+them, was made emphatic in a letter from Dr. William Jayne to Trumbull,
+dated Springfield, January 28, saying that Governor Yates had received
+telegraph dispatches from the governors of Ohio and Indiana, asking
+whether Illinois would appoint peace commissioners in response to a call
+sent out by the governor of Virginia to meet at Washington on the 4th of
+February. "Lincoln," he continued, "advised Yates not to take any action
+at present. He said he would rather be hanged by the neck till he was
+dead on the steps of the Capitol than buy or beg a peaceful
+inauguration."
+
+The following letters from Lincoln throw light on his attitude toward a
+compromise at a somewhat earlier stage:
+
+    _Private and Confidential_
+
+    SPRINGFIELD, ILL., December 10, 1860.
+
+    HON. L. TRUMBULL,
+
+     MY DEAR SIR: Let there be no compromise on the question of
+     _extending_ slavery. If there be, all our labor is lost, and
+     ere long must be done over again. The dangerous ground--that
+     into which some of our friends have a hankering to run--is Pop.
+     Sov. Have none of it. Stand firm. The tug has to come; and
+     better now than any time hereafter.
+
+    Yours as ever,
+
+    A. LINCOLN.
+
+    _Confidential_
+
+    SPRINGFIELD, ILL., December 17, 1860.
+
+    HON. L. TRUMBULL,
+
+     MY DEAR SIR: Yours enclosing Mr. Wade's letter, which I
+     herewith return, is received. If any of our friends do prove
+     false and fix up a compromise on the territorial question, I am
+     for fighting again--that is all. It is but a repetition for me
+     to say I am for an honest enforcement of the Constitution--the
+     fugitive slave clause included.
+
+     Mr. Gilmore of N. C. wrote me, and I answered confidentially,
+     enclosing my letter to Gov. Corwin to be delivered or not as he
+     might deem prudent. I now enclose you a copy of it.
+
+    Yours as ever,
+
+    A. LINCOLN.
+
+    _Confidential_
+
+    SPRINGFIELD, ILL., December 21, 1860.
+
+    HON. LYMAN TRUMBULL,
+
+     MY DEAR SIR: Thurlow Weed was with me nearly all day yesterday,
+     and left last night with three short resolutions which I drew
+     up, and which, or the substance of which, I think, would do
+     much good if introduced and unanimously supported by our
+     friends. They do not touch the territorial question. Mr. Weed
+     goes to Washington with them; and says that he will first of
+     all confer with you and Mr. Hamlin. I think it would be best
+     for Mr. Seward to introduce them, and Mr. Weed will let him
+     know that I think so. Show this to Mr. Hamlin, but beyond him
+     do not let my name be known in the matter.
+
+    Yours as ever,
+
+    A. LINCOLN.
+
+The first of the three resolutions named was to amend the Constitution
+by providing that no future amendment should be made giving Congress the
+power to interfere with slavery in the states where it existed by law.
+The second was for a law of Congress providing that fugitive slaves
+captured should have a jury trial. The third recommended that the
+Northern States should "review" their personal liberty laws.
+
+    SPRINGFIELD, ILL., December 24, 1860.
+
+    HON. LYMAN TRUMBULL,
+
+     MY DEAR SIR: I expect to be able to offer Mr. Blair a place in
+     the Cabinet, but I cannot as yet be committed on the matter to
+     any extent whatever.
+
+     Dispatches have come here two days in succession that the forts
+     in South Carolina will be surrendered by order, or consent, at
+     least, of the President. I can scarcely believe this, but if it
+     prove true, I will, if our friends in Washington concur,
+     announce publicly at once that they are to be retaken after the
+     inauguration. This will give the Union men a rallying cry, and
+     preparations will proceed somewhat on this side as well as on
+     the other.
+
+    Yours as ever,
+
+    A. LINCOLN.
+
+Trumbull's own opinions about compromise were set forth in a
+correspondence with E. C. Larned, an eminent lawyer of Chicago. Under
+date January 7, Larned sent him a series of resolutions written by
+himself which were passed at a great Union meeting composed of
+Republicans and Democrats in Metropolitan Hall. One of these resolutions
+suggested "great concessions" to the South without specifying what they
+should be. Larned asked Trumbull to read them and advise him whether
+they met his approval. Trumbull replied under date January 16, at
+considerable length, saying:
+
+     In the present condition of things it is not advisable, in my
+     opinion, for Republicans to concede or talk of conceding
+     anything. The people of most of the Southern States are mad and
+     in no condition to listen to reasonable propositions. They
+     persist in misrepresenting the Republicans and many of them are
+     resolved on breaking up the Government before they will
+     consider what guarantees they want. To make or propose
+     concessions to such a people, only displays the weakness of the
+     Government. A Union which can be destroyed at the will of any
+     one state is hardly worth preserving. The first question to be
+     determined is whether we have a Government capable of
+     maintaining itself against a state rebellion. When that
+     question is effectually settled and the Republicans are
+     installed in power, I would willingly concede almost anything,
+     not involving principle, for the purpose of overcoming what I
+     regard the misapprehension and prejudice of the South, but to
+     propose concessions in advance of obtaining power looks to me
+     very much like a confession in advance that the principles on
+     which we carried the election are impracticable and wrong. Had
+     the Republican party from the start as one man refused to
+     entertain or talk compromises and concessions, and given it to
+     be understood that the Union was to be maintained and the laws
+     enforced at all hazards, I do not believe secession would ever
+     have obtained the strength it now has.
+
+The pages of the _Congressional Globe_ of 1860-61 make the two most
+intensely interesting volumes in our country's history. They embrace the
+last words that the North and South had to say to each other before the
+doors of the temple of Janus were thrown open to the Civil War. As the
+moment of parting approached, the language became plainer, and its most
+marked characteristic was not anger, not hatred between disputants, but
+failure to understand each other. It was as though the men on either
+side were looking at an object through glasses of different color, or
+arguing in different languages, or worshiping different gods. Typical of
+the disputants were Davis and Trumbull, men of equally strong
+convictions and high breeding, and moved equally by love of country as
+they understood that term. Davis made three speeches, two of which were
+on the general subject of debate, and one his farewell to the Senate.
+The first, singularly enough, was called out by a resolution offered by
+a fellow Southerner and Democrat, Green, of Missouri (December 10,
+1860), who proposed that there should be an armed police force provided
+by Federal authority to guard, where necessary, the boundary line
+between the slaveholding and the non-slaveholding states, to preserve
+the peace, prevent invasions, and execute the Fugitive Slave Law. This
+scheme Davis considered a quack remedy, and he declared that he could
+not give it his support because it looked to the employment of force to
+bring about a condition of security which ought to exist without force.
+The present want of security, he contended, could not be cured by an
+armed patrol, but only by a change of sentiment in the majority section
+of the Union toward the minority section. Upon this test he argued in a
+dispassionate way for a considerable space, ending in these words:
+
+     This Union is dear to me as a Union of fraternal states. It
+     would lose its value to me 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
+     Northern 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 in 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 evidence 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.[40]
+
+This was the explicit confirmation of what Lincoln had said, in his
+Cooper Institute speech a year earlier, was the chief difficulty of the
+North: "We must not only let them (the South) alone, but we must somehow
+convince them that we do let them alone."
+
+The best speech made on the Republican side of the chamber during this
+momentous session of Congress was made by Trumbull on the night of March
+2. It was a speech adverse to the Crittenden Compromise, and was a reply
+to Crittenden's final speech in support of it. This measure was a joint
+resolution proposing certain amendments to the Constitution, the first
+of which proposed to apply the old Missouri Compromise line, of 36° 30'
+north latitude, to all the remaining territory of the United States, so
+that in all territory north of it, then owned or thereafter acquired,
+slavery should be prohibited, and that in all south of it, then owned or
+thereafter acquired, slavery should be recognized as existing, and that
+the right of property in slaves there should be protected by Federal
+law. It was offered on the 18th of December, 1860, and debated till the
+2d of March following, when it was defeated by yeas 19, nays 20, all the
+Republicans voting against it except Seward, who did not vote and was
+not paired.[41]
+
+Just before the vote was taken, Crittenden tried to amend his measure by
+striking out the words "hereafter acquired" as to the territory south of
+36° 30', which he said was giving great offense in some parts of the
+North. This was not in the measure as originally proposed by him, but he
+had accepted it as an amendment offered by his colleague, Senator
+Powell. It was then too late to amend except by unanimous consent, and
+Hunter, of Virginia, objected. In this last debate, Mason drew attention
+to the minimum demands of Virginia as expressed by her legislature.
+These were the Crittenden Compromise, including territory "hereafter
+acquired," and the right of slaveholders to pass with their slaves
+through the free states with protection to their slave property in
+transit. Mason intimated pretty plainly that even this would not satisfy
+him, for which he received some castigation at the hands of Douglas. The
+latter was a steady supporter of the Crittenden Compromise, but he
+maintained throughout the debate that no cause for disunion would
+exist, even if the measure were defeated, and that none would exist if
+the Federal Government should attempt to compel a state or any number of
+states to obey the Federal law.
+
+Simultaneously with the rejection of the Crittenden Compromise, the
+Senate, by a two-thirds majority, passed a joint resolution to amend the
+Constitution by adding to it the following article:
+
+     Article XIII. No amendment shall be made to the Constitution
+     which will authorize or give to Congress the power to abolish
+     or interfere, within any state, with the domestic institutions
+     thereof, including that of persons held to labor or service by
+     the laws of said state.
+
+This was a resolution introduced by Corwin, of Ohio. It had already
+passed the House by a two-thirds majority, but it fell into the limbo of
+forgotten things before sunrise of the 4th of March.
+
+During this crisis Trumbull was receiving hundreds of letters from his
+constituents, nearly all exhorting him to stand firm. The only ones
+counseling compromise were from the commercial classes in Chicago, and
+of these there were fewer than might have been expected in view of the
+threatened danger to trade and industry. The dwellers in the small towns
+and on the farms were almost unanimously opposed to the Crittenden
+Compromise. A few letters are here cited from representative men in
+their respective localities:
+
+     A. B. Barrett (Mount Vernon, January 5) has taken pains to
+     gather the opinions of Republicans in his neighborhood in
+     reference to the secession movement and finds them, without a
+     single exception, in favor of enforcing the laws and opposed to
+     any concession on the part of Congress which would recognize
+     slavery as right in principle, or as a national institution.
+
+     J. H. Smith (Bushnell, January 7) contends that the Chicago
+     platform was a contract between the Republican voters and the
+     men elected to office by them, and the voters expect them to
+     live up to it, to the very letter. "If the South wants to fight
+     let them pitch in as soon as they please; we would rather fight
+     than allow slavery to go into any more territory." Encloses
+     resolutions to this purport passed by a public meeting of
+     citizens of his town.
+
+     A. C. Harding (Monmouth, January 12) is pained to hear a rumor
+     that some Republicans in Washington are considering a bill to
+     make a slave state south of 36° 30', thus sanctioning a slave
+     code by Congress. Any concessions that shall violate the
+     pledges of the Republican party will instantly turn the guns of
+     our truest friends upon those who thus give strength to the
+     Southern rebels. Neither Adams nor Seward nor Lincoln can for a
+     moment escape the fatal consequences if they yield their
+     principles at the threat of disunion.
+
+     Wait Talcott (Rockford, January 17) has just finished reading
+     Seward's speech. It leads him to fear that yielding to the
+     South, and calling a national convention under their threat,
+     will embolden them, whenever the result of an election does not
+     suit them, to insist that the victors shall take the place of
+     the vanquished.
+
+     G. Koerner (Belleville, January 21): The Democratic Convention
+     at Springfield has done some mischief by inflaming the lower
+     order of the Democracy and confirming them in their seditious
+     views. On the other hand, it has disgusted the better class of
+     Democrats. It was a sort of indignation meeting of all the
+     disappointed candidates, office-seekers, and losers of bets. A
+     few Republicans are giving way under the pressure, but upon the
+     whole the party stands firm. "Has secession culminated or is
+     worse to come? I am prepared for the application of force. In
+     fact, a collision is inevitable. Why ought not we to test our
+     Government instead of leaving it to our children?"
+
+     H. G. McPike (Alton, January 24): "Our people believe the
+     Constitution to be good enough. Let it alone. A compromise of
+     any principle dissolves the Republican party, takes the great
+     moral heart out of it, and will in so far bring ruin on the
+     Government."
+
+     J. M. Sturtevant, president of Illinois College (Jacksonville,
+     January 30), protests against the tone of Mr. Seward's speech.
+     Says that the solid phalanx of thoughtful, conscientious,
+     earnest, religious men who form the backbone of the Republican
+     party will never follow Mr. Seward, or any other man, in the
+     direction in which he seems to be leading. "We want the
+     Constitution as it is, the Union as the Fathers framed it, and
+     the Chicago platform. And we will support no man and no party
+     that surrenders these or any portion of them."
+
+     Grant Goodrich (Chicago, January 31) is convinced by his
+     intercourse with the mass of Republicans, and with many
+     Democrats, that any concessions by which additional rights are
+     given to slavery will end the Republican party. There will be a
+     division of the Republicans; a new party will arise, which will
+     include the entire German element and which will be as hostile
+     to the "Union-saving" Republicans as to the Democrats, and much
+     more intolerant to their former allies.
+
+     E. Peck (Springfield, February 1) says that the proposition to
+     send commissioners to Washington was passed by the legislature
+     as a matter of necessity, because, if the Republicans had not
+     taken the lead, the Democrats would have done so, and would
+     have obtained the help of a sufficient number of weak-kneed
+     Republicans to make a majority. Mr. Lincoln would have
+     preferred that commissioners be not appointed.
+
+     W. H. Herndon (Springfield, February 9): "Are our Republican
+     friends going to concede away dignity, Constitution, Union,
+     laws, and justice? If they do, I am their enemy now and
+     forever. I may not have much influence, but I will help tear
+     down the Republican party and erect another in its stead.
+     Before I would buy the South, by compromises and concessions,
+     to get what is the people's due, I would die, rot, and be
+     forgotten, willingly."
+
+     Samuel C. Parks (Lincoln, Logan County, February 11) is opposed
+     to the Crittenden Compromise, because the integrity of the
+     Republican party and the salvation of the country require that
+     this grand drama of secession, disunion, and treason be played
+     out entirely. Either slavery or freedom must rule this country,
+     or there must be a final separation of the free and the slave
+     states. No compromise will do any permanent good. On the
+     contrary, if the territorial question is compromised now, it
+     will but postpone, aggravate, and prolong the contest.
+     Considers it mean and cowardly to leave to our children a great
+     national trouble that we might settle ourselves.
+
+January 2, 1861, Trumbull wrote to Governor Yates advising that some
+steps be taken in the way of military preparations, saying:
+
+     The impression is very general here that Buchanan has waked up
+     at last to the sense of his condition and will make an effort
+     to enforce the laws and protect the public property. That this
+     was his determination two days ago, I have the best reasons for
+     knowing, but he is so feeble, vacillating, and irresolute, that
+     I fear he will not act efficiently; and some even say that he
+     has again fallen into the hands of the disunionists. This I
+     cannot believe. If he does his duty with tolerable efficiency,
+     even at this late day, there will be no serious difficulty. The
+     states which resolved themselves out of the Union would be
+     coming back before many months. But if he continues to side
+     with the disunionists, we cannot avoid serious trouble, for in
+     that event I think the traitors would be encouraged to attempt
+     to take possession here, and most of the public property and
+     munitions of war would be placed in the hands of the
+     disunionists before the 4th of March. In view of the present
+     condition of affairs and the uncertainty as to the future, I
+     think it no more than prudent that our state should be making
+     some preparations to organize its military, or get up volunteer
+     companies, so as to be ready to come to the support of the
+     Constitution and the laws if the occasion should require. I
+     think that there will be no occasion for troops here, and that
+     the inauguration will probably take place. But take place it
+     must, and at Washington, even though a hundred thousand men
+     have to come here to effect it. The Government is a failure
+     unless this is done.
+
+Governor Yates's reply, if any, is not found in the Trumbull papers, but
+a letter from him dated Springfield, January 22, says that Frank P.
+Blair, Jr., had just arrived from St. Louis with information that the
+secessionists in Missouri had formed a plot to seize the United States
+Arsenal at St. Louis, which was the only depot of arms west of
+Pittsburg. If this should be attempted, Yates said it would lead to
+serious complications and perhaps a collision between Illinois and
+Missouri, since it could not be permitted that this great arsenal,
+intended for the use of the entire West, should fall into the hands of
+enemies of the Union. He asked Trumbull to see General Scott at once and
+insist that something be done which would obviate the necessity of
+action on the part of the state of Illinois.
+
+Some letters from Mrs. Trumbull to her son Walter, who was on a warship
+in foreign parts during the month of January, 1861, supply a few items
+of interest.
+
+January 21 she says:
+
+     The Senators of Mississippi, Alabama, and Florida yesterday
+     took formal leave of the Senate. The speech of Clay, of
+     Alabama, was very ugly, but that of Davis was pathetic, and
+     even Republican ladies were moved to tears. Gov. Pickens of S.
+     C. sent for $300 due him as Minister to Russia, and the
+     Treasurer sent him a draft on the sub-treasury at Charleston
+     which the Rebels had seized.
+
+January 24:
+
+     Called at Dr. Sunderland's[42] yesterday. He said that in
+     talking with a disunionist a few days ago he asked what the
+     South demanded and what would satisfy them. He replied that the
+     North must be uneducated, or educated differently; their
+     sentiments must be changed, and it can't be done in this
+     generation.
+
+     Just before starting home, Toombs's coachman, strange to say,
+     deserted his kind master for a trip on the Underground
+     Railroad, greatly to the disgust of Mrs. Toombs. She was met by
+     Mrs. Judge McLean, who said to her, "Mrs. Toombs, are you going
+     to leave us?" "Yes," she replied, "I am glad enough to go; here
+     I am riding in a hack!" It was very hard, very disgusting, and
+     Mrs. McLean, instead of trying to hunt up her fugitive for her,
+     told her that when the South had all seceded, they would have
+     Canada right on their borders, and where one now escaped, there
+     would then be a hundred.
+
+January 26:
+
+     The city begins to present a warlike appearance. Two companies
+     are stationed quite near us on E St. and others are placed in
+     Judiciary Square near the Capitol, and at the President's,
+     about 700 in all. A company of light artillery arrived
+     yesterday morning, soon after which cannonading was heard,
+     volley after volley. I supposed the thunder of the cannon was
+     meant to convey wholesome instruction to the revolutionists,
+     but I learned this evening that it was a salute for Kansas,
+     which is now a state. Thirty-four guns were fired. I understood
+     that some of the ladies at the National Hotel were so alarmed
+     that they began to pack their trunks so as to retreat promptly
+     with all their luggage. I believe that Gen. Scott intends to
+     have more troops here, but the O. P. F.[43] countermands most
+     of his orders. The Cabinet find him very troublesome even now;
+     he still listens to Slidell and others.
+
+     A set of compromisers came here a few days since from New York
+     with a string of resolutions and explained them to Senator
+     King, hoping he would endorse them. Mr. King read them and
+     handed them back silently. Said the spokesman: "I trust they
+     meet your approval, they are good resolutions; you approve
+     them, do you not, Mr. King?" He answered in his good-humored,
+     laughing way, but withal very firmly: "I would resign my seat
+     first and I think I would rather die." The same men went to
+     your father urging him to support them, and stated that New
+     York would not defend the public property within her limits
+     unless Congress adopted some such action. Your father told them
+     that if that was to be the course of New York, we might as well
+     know it now as ever, and refused to have anything to do with
+     their resolutions.
+
+In the same letter she writes:
+
+     Mrs. McLean called yesterday. She said they dined at the White
+     House once while the President was making up his mind whether
+     or not to recall Major Anderson. The judge took the President
+     aside to make some inquiries about the Major. Buchanan replied
+     that he had exceeded his instructions and must be recalled. The
+     Judge raised his hand with vehemence, almost in the President's
+     face, and asserted with emphasis: "You dare not do it, sir, you
+     dare not do it." And he did not.
+
+Probably this is the only instance on record where a Judge of the
+Supreme Court shook his fist in the face of the President after dining
+with him at the White House. It is not improbable that the vehemence of
+the venerable Judge was one of the potent reasons deterring Buchanan
+from ordering Anderson to return from Fort Sumter to Fort Moultrie.[44]
+
+TRUMBULL'S SPEECH AGAINST THE CRITTENDEN COMPROMISE
+
+    [In the Senate, March 2, 1861.]
+
+     MR. TRUMBULL. Mr. President, the long public service of the
+     Senator from Kentucky, his acknowledged patriotism and devotion
+     to the Union, give great importance to whatever he says; and in
+     all he has said in favor of the Union and its preservation, and
+     the maintenance of the Constitution, I most heartily concur. No
+     man shall exceed me in devotion to the Constitution and the
+     Union. But, while this is so, what the Senator says of those of
+     us who disagree with him as to the mode of preserving the Union
+     and maintaining the peace of the country is well calculated, in
+     consequence of the position he occupies, to mislead and
+     prejudice the public mind as to our true position. Does he
+     expect, or can he expect, that compromises will be made and
+     concessions yielded when he talks of the great party of this
+     country, constituting a majority of its people, as being wedded
+     to a dogma set up above the Constitution; when he talks of us
+     as usurping all the territories, as ostracizing all the people
+     of the South, and denying them their rights? Is that the way to
+     obtain compromises? Instead of turning his denunciation upon
+     those who violate the Constitution and trample the flag of the
+     country in the dust, he turns to us and talks to us of
+     usurpations, of our dogmas; tells us that for a straw we are
+     willing to dissolve the Union and involve the country in blood.
+     Why are not these appeals made and these rebukes administered
+     to the men who are involving the country in blood? If it is a
+     straw for us to yield, is it anything more than a straw for
+     them to demand? If it is a trifle for us to concede, is it any
+     larger than a trifle which the South demands, and to obtain
+     which it is willing to destroy this Union, which he has so
+     beautifully and so highly eulogized?
+
+     Sir, I have heard this charge against the people of the North,
+     of a desire to usurp the whole of the common territories, till
+     I am tired of the accusation. It has been made and refuted ten
+     thousand times. Not a man in the North denies to every citizen
+     of the South the same right in a territory that he claims for
+     himself. And who are the people of the South? Slaveholders? Not
+     one white citizen in twenty of the population in the South owns
+     a slave. The nineteen twentieths of the non-slaveholding
+     population of the South are forgotten, while the one twentieth
+     is spoken of as "the South." The man who owns a slave in the
+     South has just as much right in the territory as a man in the
+     North who owns no slave. If the Southerner cannot take his
+     negro slave to the territory, neither can the Northern man.
+
+     Again, sir, the Senator talks of the rights of the States to
+     the common territories. The territories do not belong to the
+     States; they are the property of the General Government; and
+     the state of Kentucky has no more right in a territory than has
+     the city of Washington, or any county in the state of Maryland.
+     As a state, Kentucky has no right in a territory, nor has
+     Illinois; but the territories belong to the Federal government,
+     and are disposed of to the citizens of the United States,
+     without regard to locality.
+
+     But, sir, I propose to inquire what it is that has brought the
+     country to its present condition; what it is that has
+     occasioned this disruption, this revolution in a portion of the
+     country. Many years ago an attempt was made in the state of
+     South Carolina to disrupt this Government, at that time on
+     account of the revenue system. It failed. The disunionists of
+     1832 were put down by General Jackson; and from that day to
+     this there have been secessionists _per se_, men who have been
+     struggling continuously and persistently to propagate their
+     doctrine wherever they could find followers; and, I am sorry to
+     say, they seem to have impressed the public mind of the South,
+     to a great extent, with their notions. In 1850, the effort to
+     break up the Government was renewed. It was then settled by
+     what were known as the compromise measures of that year. The
+     great men of that day--Clay, Webster, Cass, and others--took
+     part in that settlement, and it was then supposed that the
+     settlement would be permanent. The controversy of 1850 was not
+     in regard to a tariff, but in regard to the negro question; the
+     very question which General Jackson had prophesied, in the
+     nullification times, would be the one upon which the next
+     attempt would be made to destroy the Government. After a long
+     struggle, the compromise measures of 1850 were passed. Quiet
+     was given to the country; all parties in all sections of the
+     country acquiesced in the settlement then made. Resolutions
+     were offered in this body denouncing any person who should
+     attempt again to introduce the question of slavery into
+     Congress. Speeches were made, in which Senators declared that
+     they would never again speak upon the subject in the Congress
+     of the United States. It was said that the slavery question was
+     forever removed from the halls of Congress, and we then
+     supposed that the country would continue quiet on this exciting
+     subject. But, sir, in 1854, notwithstanding the pledges which
+     had been given in 1850, notwithstanding the quiet of the
+     country, when no man was agitating the slavery question; when
+     no petitions came from the states, counties, cities, or towns,
+     from villages or individuals, asking a disturbance of former
+     compromises; when all was quiet, of a sudden a proposition was
+     sprung in this chamber to unsettle the very questions which had
+     been put to rest by the compromises of 1850. A proposition was
+     then introduced to repeal one of the compromises which had been
+     recognized by the acts of 1850; for the Missouri Compromise,
+     which excluded slavery from Kansas and Nebraska, was, by
+     reference, directly and in express terms, reaffirmed by the
+     compromises of 1850. But, sir, in the beginning of 1854, that
+     fatal proposition was introduced and embodied in the
+     Kansas-Nebraska Act, which declared that the eighth section of
+     the act for the admission of Missouri into the Union, which had
+     passed in 1820, and which excluded slavery from Kansas and
+     Nebraska, should be repealed, it being declared to be "the true
+     intent and meaning of the act not to introduce slavery into any
+     state or territory, 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"--a little stump speech, as
+     Colonel Benton denominated it, introduced into the body of the
+     bill, which has since become as familiar to all the children of
+     the land, from its frequent repetition, as Mother Goose's
+     stories. That was the fatal act which brought about the
+     agitation of the slavery question; and on the repeal of the
+     Missouri Compromise followed the disturbances in the settlement
+     of Kansas. That act led to civil war in Kansas, to the burning
+     of towns, to the invasion from Missouri, to all the horrors and
+     anarchy which reigned in that ill-fated territory for several
+     years, all of which is too fresh in the recollection of the
+     American people to require repetition. And, sir, from that day
+     to this, the doctrine which it is pretended was enunciated in
+     1854 in the Kansas-Nebraska Act, of non-intervention, of
+     popular sovereignty, for it is known under various names, has
+     been preached all over the country, until in the election of
+     1860, it was repudiated and scouted, North and South, by a
+     majority of the people in every state in the Union; and even at
+     this session, it has been thrust in here upon almost every
+     occasion, as the grand panacea that was to give peace to the
+     country; whereas it was the very thing which gave rise to all
+     the difficulties. The disunionists per se have seized hold of
+     the disturbances growing out of the slavery question, all
+     occasioned by this fatal step in 1854, to inflame the public
+     mind of the South, and bring about the state of things which
+     now exists.
+
+     But, sir, the Union survived the disunion movement of 1832; it
+     survived the excitement upon the slavery question in 1850; it
+     survived the disturbances in Kansas in 1855 and 1856,
+     consequent upon the repeal of the Missouri Compromise. It
+     survived them all without an actual attempt at disruption,
+     until we came down to 1860, and Abraham Lincoln was elected
+     President; and even now, notwithstanding the dissatisfaction at
+     his election in some portions of the country, and all the
+     previous troubles, the laws to-day would have had force in
+     every part of the Union, and secession would have been checked
+     in its very origin, had the Government done its duty and not
+     acted in complicity with the men who had resolved to destroy
+     it.
+
+     The secession movement, then, dates back several years. It
+     received an impetus in 1850; another in 1854; and in 1860, by
+     the connivance and the assistance of the Government itself, it
+     acquired the strength which it now has. What has been the
+     policy of the expiring administration? Its Cabinet officers
+     boasting of their complicity with the men who were plotting the
+     destruction of the Government; openly proclaiming in the face
+     of the world that they had used their official power, while
+     members of the Cabinet, and sworn to protect and preserve the
+     Government, to furnish the means for its destruction; openly
+     acknowledging before the world that they had used the power
+     which their positions gave them to discredit the Government,
+     and also to furnish arms and munitions of war to the men who
+     were conspiring together to assault its fortifications, and
+     seize its property; openly boasting that they had taken care,
+     during their public service, to see that the arms of the
+     Federal Government were placed in convenient positions for the
+     use of those who designed to employ them for its destruction.
+     More than this, members, while serving in the other branch of
+     Congress, go to the Executive of the United States, and tell
+     him, "Sir, we are taking steps in South Carolina to break up
+     this Government; you have forts and fortifications there; they
+     are but poorly manned; now if you will leave them in the
+     condition they are until the state of South Carolina gets ready
+     to take possession, we will wait until that time before we
+     seize them"; and the Executive of the nation asks that the
+     treasonable proposition be put in writing, and files it away.
+     Why, sir, is there another capital on the face of the globe, to
+     which men could come from state or province, and inform the
+     executive head that they were about to take steps to seize the
+     public property belonging to the Government, and warn the
+     Executive to leave it in its insecure and undefended state
+     until they should be prepared to take possession, and they be
+     permitted to depart? Is there another capital on the face of
+     the globe where commissioners coming to the Executive under
+     these circumstances would not have been arrested on the spot
+     for treason? But your Government, if it did not directly
+     promise not to arm its forts, certainly took no steps to
+     protect its public property; and this went on, until a gallant
+     officer who was in command of less than a hundred men in the
+     harbor of Charleston, acting upon his own responsibility,
+     thought proper to throw his little force into a fort where he
+     could protect himself; and then it was that these insurgents,
+     rebelling against the Government, demanded that he should be
+     withdrawn, and the Executive then was forced to take position.
+     Then his Cabinet officers who had been in conspiracy with the
+     plotters of treason, then the Chief Magistrate himself was
+     forced to take position. He must openly withdraw his forces,
+     and surrender the public property he was sworn to protect,
+     openly violate the oath he had taken to support the
+     Constitution of the United States, and execute the laws, and
+     take side with traitors; or else he must leave Major Anderson
+     where he was. Exposed to public view, brought to this dilemma,
+     I am glad to say that even then, at that late day, the
+     President of the United States concluded to take sides for the
+     Union; that even he came out, though feebly it was, on the part
+     of the United States, and his Secretary of War retired from his
+     Cabinet, not in disgrace, so far as its executive head was
+     concerned, for he parted pleasantly with the President of the
+     United States, but he retired because the President would not
+     carry out the policy which he understood to have been agreed
+     upon, which was to leave the fortifications in a position that
+     Carolina might take them whenever she thought proper.
+
+     But, sir, notwithstanding this, the Executive of the nation,
+     disregarding the advice of the Lieutenant-General who commands
+     the armies of the United States, and who had warned him months
+     before of the movements which were taking place to seize the
+     public property at the South, still leaves the property
+     unprotected; and the insurgents go on in some of the states,
+     before even passing ordinances of secession, and continue to
+     seize the public property; to capture the troops of the United
+     States; to take possession of the forts; to fire into its
+     vessels; to take down its flag; until they have at this time in
+     their possession fortifications which have cost the Government
+     more than $5,000,000, and which mount more than a thousand
+     guns.
+
+     All this has been done without any effort on the part of the
+     Government to protect the public property; and this is the
+     reason that secession has made the head it has. Why, sir, let
+     me ask, is it that the United States to-day has possession of
+     Fort Sumter? Can you tell me why is Fort Sumter in possession
+     of the United States? Because there are a hundred soldiers in
+     it--for no other reason. Why is Fort Moultrie in possession of
+     the insurgents? Because there were no men there to protect it;
+     and it is now matter of history that, had the Executive done
+     his duty, and placed a hundred men in Fort Moultrie, a hundred
+     in Castle Pinckney, and a hundred in Fort Sumter, Charleston
+     Harbor to-day would have been open, and your revenues would
+     have been collected there, as elsewhere throughout the United
+     States.
+
+     Will it be said that Carolina would have attacked those forts,
+     thus garrisoned? She does not attack a hundred men in Fort
+     Sumter. It is a wonder that she does not. The little, feeble
+     garrison there is well calculated to invite attack; but this
+     thing of secession, under the policy of the Administration, has
+     been made a holiday affair in the South. This great Government,
+     one of the most powerful on the face of the globe, is falling
+     to pieces just from its own imbecility.
+
+     MR. WIGFALL. Mr. President--
+
+     THE PRESIDING OFFICER (MR. BRIGHT). Does the Senator from
+     Illinois yield the floor?
+
+     MR. TRUMBULL. I have some further observations to make. I will
+     yield for a single question; not for a speech.
+
+     MR. WIGFALL. For a single question. I do not wish to interrupt
+     the Senator if it is not agreeable to him. I desire to ask a
+     single question.
+
+     MR. TRUMBULL. I have no objection to the question.
+
+     MR. WIGFALL. I understand the Senator to object to the course
+     that the present outgoing Administration has pursued in
+     reference to the forts. I know the Senator's candor, directness
+     of purpose, fairness, and boldness of statement; and I desire
+     to know whether the succeeding Administration will pursue the
+     same peace policy of leaving the forts in the possession of the
+     seceding states, or whether they will attempt to recapture
+     them?
+
+     MR. TRUMBULL. The Senator will find out my opinions on this
+     subject before I conclude. The opinions of the incoming
+     Administration, I trust, he will learn to-morrow from the
+     eastern front of the capitol.
+
+     MR. WIGFALL. I trust we shall, sir.
+
+     MR. TRUMBULL. I speak for myself, without knowing what may be
+     said in the inaugural of to-morrow; but I apprehend that the
+     Senator will learn to-morrow that we have a Government; and
+     that will be the beginning of the maintenance of the Union.
+
+     MR. WIGFALL. I hope we may.
+
+     MR. TRUMBULL. While the forts in the South were left thus
+     unprotected, and to be seized by the first comers, where was
+     your army? Scattered beyond reach, and sent to the frontiers,
+     so as not to be made available when it was wanted. And where
+     was your navy? The navy of the United States, when it was known
+     that the secession movement was on foot, was sent to distant
+     seas, until there was not at the command of the Secretary of
+     the Navy a single vessel, except one carrying two guns, that
+     could enter Charleston Harbor--a small vessel destined, I
+     believe, to take supplies to the African squadron, which
+     carried two guns. Does anybody suppose this was accidental? If
+     it were a question of fact to be tried before an intelligent
+     jury in any part of Christendom, does any one doubt that the
+     Secretary of War and the Secretary of the Navy would both be
+     convicted of having purposely, and by design, removed the army
+     and navy out of reach, in order that the forts might be seized,
+     and that the secession movement might progress? And how has it
+     been from that day to this? Irresolution and indecision on the
+     part of the Executive--one day sending a vessel with troops to
+     Charleston, and the next countermanding the order; and the
+     Senator from Texas, with a taste which I cannot admire, spoke
+     in terms of derision of his country's flag, when it returned in
+     disgrace--"struck in the face," I think, was his
+     expression--from Charleston Harbor. I admit it was disgraceful;
+     but I am sorry it should have afforded the Senator from Texas,
+     a member of the Senate of the United States, as the eloquent
+     Senator from Kentucky said he was, any pleasure that such a
+     transaction should have occurred.
+
+     This, then, briefly, is the reason that this secession movement
+     has acquired the strength it has. It is because this Government
+     has either favored it, or refused to do anything to check it.
+     Notwithstanding the mistake of 1854, the country would have
+     survived it all, had we had a Government to take care of and
+     preserve it.
+
+     Now, sir, what are the remedies that are proposed for the
+     present condition of things, and what have they been from the
+     beginning? They have been propositions of compromise; and
+     Senators have spoken of peace, and of the horrors of civil war;
+     and gentlemen who have contended for the right of the people of
+     the territories to regulate their own affairs, and who have
+     been horrified at the idea of a geographical line dividing free
+     states from slave states, free territory from slave territory,
+     and who have proclaimed that the great principle upon which the
+     Revolution was fought was that of the right of the people to
+     govern themselves, and that it was monstrous doctrine for
+     Congress to interfere in any way with its own territories, come
+     forward here with propositions to divide the country on a
+     geographical line; and not only that, but to establish slavery
+     south of the line; and they call this the Missouri Compromise!
+     The proposition known as the "Crittenden Proposition" is no
+     more like the Missouri Compromise than is the Government of
+     Turkey like that of the United States. The Missouri Compromise
+     was a law declaring that in all the territory which we had
+     acquired from Louisiana, north of a certain line of latitude,
+     slavery or involuntary servitude should never exist. But it
+     said nothing about the establishment of slavery south of that
+     line. It was a compromise made in order to admit Missouri into
+     the Union as a slave state, in 1820. That was the consideration
+     for the exclusion of slavery from all the country north of 36°
+     30'. Now, sir, I have no objection to the restoration of the
+     Missouri Compromise as it stood in 1854, when the
+     Kansas-Nebraska Bill passed; and I have drawn up--and I intend
+     to offer it at the proper time as an amendment to some of these
+     propositions--a clause declaring that so much of the fourteenth
+     section of the act to organize the territories of Nebraska and
+     Kansas, approved the 30th of May, 1854, as repeals the Missouri
+     Compromise, and contains the little stump speech, shall be
+     repealed, and that we may hear no more of it, I trust, forever.
+
+     Since its authors have repudiated it, and have come forward
+     with a proposition to establish not the Missouri Compromise,
+     but to establish a geographical line running through the
+     territory which we now have, establishing slavery south of it,
+     and prohibiting it north, and providing that, in the territory
+     we may hereafter acquire, slavery shall be established south of
+     that line, I suppose we shall hear no more about leaving the
+     people "perfectly free to regulate their own affairs in their
+     own way"! The proposition known as the "Crittenden Compromise"
+     declares not only that, "in the territory south of the said
+     line of latitude, slavery of the African race is hereby
+     recognized as existing, and shall not be interfered with by
+     Congress"; but it provides further, that, in the territory we
+     shall hereafter acquire south of that line, slavery shall be
+     recognized, and not interfered with by Congress; but "shall be
+     protected as property by all the departments of the territorial
+     government during its continuance"; so that, if we make
+     acquisitions on the south of territories now free, and where,
+     by the laws of the land, the footsteps of slavery have never
+     been, the moment we acquire jurisdiction over them, the moment
+     the stars and stripes of the Republic float over those free
+     territories, they carry with them African slavery, established
+     beyond the power of Congress, and beyond the power of any
+     territorial legislature, or of the people, to keep it out; and
+     we are told that this is the Missouri Compromise! We are told
+     that slavery now exists in New Mexico; and I was sorry to find
+     even my friend from Oregon [Mr. Baker] ready to vote for this
+     proposition, which establishes slavery. Why, sir, suppose
+     slavery does exist in New Mexico; are you for putting a clause
+     into your Constitution that the people of New Mexico shall not
+     drive it out?
+
+       *       *       *       *       *
+
+     But, sir, unlike the Senator from Oregon, I will never agree to
+     put into the Constitution of the country a clause establishing
+     or making perpetual slavery anywhere. No, sir; no human being
+     shall ever be made a slave by my vote. No foot of God's soil
+     shall ever be dedicated to African slavery by my act--never,
+     sir. I will not interfere with it where I have no authority by
+     the Constitution to interfere; but I never will consent, the
+     people of the great Northwest, numbering more in white
+     population than all your Southern States together, never will
+     consent by their act to establish African slavery anywhere.
+     Why, sir, the seven free states of the Northwest, at the late
+     presidential election, cast three hundred thousand more votes
+     than all the fifteen Southern States together. Senators talk
+     about the North and the South, and speak of having two
+     Presidents, a Northern President and a Southern President, as
+     if we had no such country as the Northwest, more populous with
+     freemen than all the South. The people of the South and the
+     people of the East both will, by and by, learn, if they have
+     not already learned, that we have a country, and a great and
+     growing country, in the Northwest; a free country--made free,
+     too, by the act of Virginia herself. I do not propose to
+     discuss the House Resolution. I have said on any and all proper
+     occasions, and am willing to say at any time, to our brethren
+     of the South, we have no disposition, and never had any, and
+     have no power, if we had the disposition, to interfere with
+     your domestic institutions.
+
+     I think, then, sir, that none of these compromises will amount
+     to anything; but still I am willing to do this, and I think if
+     there is any difficulty it may be settled in this way: three of
+     the states of this Union, the state of Kentucky, the state of
+     New Jersey, and the State of Illinois, have called upon
+     Congress to call a convention of all the states for the purpose
+     of proposing amendments to the Constitution. I do not think the
+     Constitution needs amendment. In my judgment, the Constitution
+     as it is, is worthy to be lived up to and supported. I doubt if
+     we shall better it; but out of deference to those states, one
+     of which is my own state, I am willing to vote for the
+     resolution which has been introduced into this body
+     recommending to the various states to take into consideration
+     this proposition of calling a convention, in order to make such
+     amendments as may be deemed necessary by the states themselves
+     to this instrument. So far, I am willing to go. Would it not
+     have been better for the seceding states to have done that? Why
+     did they not propose, instead of attempting hastily to break up
+     the Government and seizing its public property, to call a
+     convention, in the constitutional form, of the various states,
+     and if the Federal Constitution needed amendment, amend it in
+     that way. No such proposition came from them; but Kentucky has
+     made the proposition for a convention, and I am willing to meet
+     her in the spirit in which it is made, and am ready, for one,
+     and would be glad if we could all unitedly pass the resolution
+     suggesting to the states to call a convention to make any and
+     all amendments to the Constitution which the exigencies of the
+     times may require.
+
+     The Senator from Texas wants to know how we are going to
+     preserve the Union; how we are going to stop the states from
+     seceding? And our Southern friends sometimes ask us to give
+     them something to stand upon in the South. The best political
+     foundation ever laid by mortal man upon which to plant your
+     foot is the Constitution. Take the old Constitution as your
+     fathers made it, and go to the people on that; rally them
+     around it, and not suffer it to be kicked about, rolled in the
+     dust, spit upon, and their efforts to be wasted in vain efforts
+     to amend it. Why, sir, has that old instrument ceased to be of
+     any value? These gentlemen who are talking about amending it,
+     and talking about guarantees as a condition to remain in the
+     Union, claim to be _par excellence_ the Union men. Why, sir, I
+     conceive I am a much better Union man than they. I am for the
+     Union under the Constitution as it is. I am willing, however,
+     that a convention should be called out of deference to those
+     who may wish to alter it; but I am not one of those who declare
+     that unless this provision is made, and unless this guarantee
+     is given, I will unite to destroy the Union, and cease to
+     observe the Constitution as it is.
+
+     Sir, the Southern States have been arming. The Senator from
+     Virginia [Mr. Mason] told us the other day that his state had
+     appropriated $1,500,000 to arm its citizens. For what? To arm
+     its citizens to fight against this Government; and then tell us
+     that, to a man, they will fight against this Government, if it
+     undertakes to enforce its laws, which they call coercion, the
+     coercion of a State! Why, sir, a government that has not the
+     power of coercing obedience to its laws is no government at
+     all. The very idea of a law without a sanction is an absurdity.
+     A government is not worth having that has not power to enforce
+     its laws. If the Senator from Texas wants to know my opinion, I
+     tell him yes, I am for enforcing the laws. Do you mean by that
+     you are going to march an army to coerce a state? No, sir; and
+     I do not mean the people of this country to be misled by this
+     confusion of terms about coercing a state. The Constitution of
+     the United States operates upon individuals; the laws operate
+     upon individuals; and whenever individuals make themselves
+     amenable to the laws, I would punish them according to the
+     laws. We may not always be able to do this. Why, sir, we have a
+     criminal code, and laws punishing larceny and murder and arson
+     and robbery and all these crimes; and yet murder is committed,
+     larcenies and robberies are committed, and the culprits are not
+     always punished and brought to justice. We may not be able, in
+     all instances, to punish those who conspire against the
+     Government. So far as it can be done, I am for executing the
+     laws; and I am for coercion. I am for settling, in the first
+     place, the question whether we have a government before making
+     compromises which leave us as powerless as before.
+
+     Sir, if my friend from Kentucky would employ some of that
+     eloquence of his which he uses in appealing to Republicans--and
+     talking about compromise--in defense of the Constitution as it
+     is, and in favor of maintaining the laws and the Government, we
+     should see a very different state of things in the country. If,
+     instead of coming forward with compromises, instead of asking
+     guarantees, he had put the fault where it belongs; if he called
+     upon the Government to do its duty; if, instead of blaming the
+     North for not making concessions where there is nothing to
+     concede, and not making compromises where there was nothing to
+     compromise about, he had appealed to the South, which was in
+     rebellion against the Government, and painted before them, as
+     only he could do it, the hideousness of the crimes they were
+     committing, and called upon them to return to their allegiance,
+     and upon the Government to enforce its authority, we would have
+     a very different state of things in this country to-day from
+     what now exists.
+
+     This, in my judgment, is the way to preserve the Union; and I
+     do not expect civil war to follow from it. You have only to put
+     the Government in a position to make itself respected, and it
+     will command respect. As I said before, five hundred troops in
+     Charleston would unquestionably have kept that port open; and
+     if you will arm the Government with sufficient authority to
+     maintain its laws and give us an honest Executive, I think you
+     will find the spread of secession soon checked; it will no
+     longer be a holiday affair. But while we submit to the disgrace
+     which is heaped upon us by those seceding states, while the
+     President of the United States says, "You have no right to
+     secede; but if you want to, you may, we cannot help it," you
+     may expect secession to spread.
+
+     Why, sir, the resolutions of the legislature of the state of
+     New York, which were passed early in the session, tendering to
+     the Federal Government all the resources of the state in money
+     and men to maintain the Government, had a most salutary effect
+     when it was heard here. I saw the effect of it at once. It was
+     the first blow at secession. Let the people of the North
+     understand that their services are required to maintain this
+     Union, and let them make known to the people of the South, to
+     the Government, and to the country, that the Union shall be
+     maintained; and the object is accomplished. Then you will find
+     Union men in the South. But while this secession fever was
+     spreading, and the Union men of the South had no support from
+     their Government, it is no wonder that state after state
+     undertook to withdraw from a confederacy which manifested no
+     disposition to maintain itself.
+
+     My remedy for existing difficulties is, to clothe the
+     Government with sufficient power to maintain itself; and when
+     that is done, and you have an Executive with the disposition to
+     maintain the authority of the Government, I do not believe that
+     a gun need be fired to stop the further spread of secession. I
+     believe, sir, after the new Administration goes into operation,
+     and the people of the South see, by its acts, that it is
+     resolved to maintain its authority, and, at the same time, to
+     make no encroachments whatever upon the rights of the people of
+     the South, the desire to secede will subside. When the people
+     of the Southern States, on the 5th of March, this year, and on
+     the 5th of March, 1862, shall find that, after a year has
+     transpired under a Republican administration, they are just as
+     safe in all their rights, just as little interfered with in
+     regard to their domestic institutions, as under any former
+     Administration, they will have no disposition to inaugurate
+     civil war and commence an attack upon the Federal Government.
+
+     Why, sir, some Senators talk about the Federal Government
+     making war. Who proposes it? The Southern people affect to
+     abhor civil war, when they, themselves, have commenced it.
+     Inhabitants of the six seceding states have begun the war. What
+     is war? Is firing into your vessels war? Is investing your
+     forts war? Is seizing your arsenals war? They have done it all,
+     and more; and then have the effrontery to say to the United
+     States, "Do not defend yourselves; do not protect your
+     Government; let it fall to pieces; let us do as we please, or
+     else you will have war." The highwayman meets you on the
+     street, demands your purse, and tells you to deliver it up, or
+     you will have a fight. You can always escape a fight by
+     submission. If in the right--and which is far better than to
+     submit to degradation--you can often escape collision by being
+     prepared to meet it. The moment the highwayman discovers your
+     preparation and ability to meet him, he flees away. Let the
+     Government be prepared, and we shall have no collision.
+
+     I cannot think the people of this country in the loyal states
+     would causelessly inaugurate civil war by attacking the
+     Government; and I regard all the states as loyal, which have
+     not undertaken to secede. I regard Kentucky and Tennessee and
+     Missouri as loyal states, just as much so as Illinois. Why,
+     sir, I live right upon the borders of Missouri, and I know that
+     the people across the river were, last fall, just as good Union
+     men as they were in Illinois. They never thought of secession
+     until the thing was started in South Carolina, and until some
+     persons here in Congress began to talk about guarantees,
+     instead of coming out for the Constitution and the Union as
+     they are. When Senators began to introduce propositions
+     demanding guarantees as a condition of continuing in the Union,
+     the real true Union men, in many instances, took sides with
+     them, and thus became, in fact, only conditional Unionists. I
+     am happy to say that they are getting over it, not only in
+     Missouri, but they are already cured of it in Tennessee, and I
+     trust in all the other states save those which, in their hurry,
+     and with inconsiderate zeal, have already taken measures, as
+     far as they could, to dissolve their connection with the
+     Government. Sir, I cannot think it possible that this great
+     Government is to go out without a struggle--a Government which
+     has been blessed so highly, and prospered so greatly. What
+     occasion is there for breaking it up? Are we not the happiest
+     people in the world? Do we not enjoy personal liberty and
+     religious freedom? What is it that the people of these Southern
+     States would have? Does anybody propose to interfere with their
+     domestic institutions? Nobody. Does anybody deny their equal
+     rights in the territories? Nobody. Why, sir, look at our
+     condition. We are one of the great nations of the world. At the
+     peace of 1783, we had, I think, something like three million
+     population; we have now more than thirty million. At that time
+     we had thirteen states; now we have thirty-four states; and our
+     territories have spread out until they extend across the
+     continent. The boundaries of the Republic embrace to-day a
+     greater extent of country than was contained within the Roman
+     Empire in the days of its greatest extent, or within the
+     empire of Alexander when he was said to have conquered the
+     world.
+
+     Sir, I cannot believe that this mad and insane attempt to break
+     up such a Government is to succeed. If my voice could reach
+     them, I would call upon my Southern brethren to pause, to
+     reflect, to consider if this Republican party has yet done them
+     any wrong. What complaints have they to make against us? We
+     have never wielded the power of Government--not for a day. Have
+     you of the South suffered any wrong at the hands of the Federal
+     Government? If you have, you inflicted it yourselves. We have
+     not done it. Is it the apprehension that you are going to
+     suffer wrong at our hands? We tell you that we intend no such
+     thing. Will you, then, break up such a government as this, on
+     the apprehension that we are all hypocrites and deceivers, and
+     do not mean what we say? Wait, I beseech you, until the
+     Government is put into operation under this new administration;
+     wait until you hear the inaugural from the President-elect;
+     and, I doubt not, it will breathe as well a spirit of
+     conciliation and kindness towards the South as towards the
+     North. While I trust it will disclose a resolute purpose to
+     maintain the Government, I doubt not it will also declare, in
+     unequivocal terms, that no encroachments shall be made upon the
+     constitutional rights of any state while he who delivers it
+     remains in power.
+
+FOOTNOTES:
+
+[38] Presumably Judge Read, of Pennsylvania.
+
+[39] MS. in the collection of the late Major W. H. Lambert,
+Philadelphia.
+
+[40] _Cong. Globe_, 1860-61, p. 30.
+
+[41] Trumbull's speech on the Crittenden Compromise, which was impromptu
+and was delivered about midnight, is printed as an appendix to this
+chapter.
+
+[42] Pastor of the First Presbyterian Church.
+
+[43] "Old Public Functionary"--a name that Buchanan in one of his
+messages had given to himself.
+
+[44] Jefferson Davis says, in his _Rise and Fall of the Confederate
+States_, that Buchanan told him 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."
+
+
+
+
+CHAPTER VIII
+
+CABINET-MAKING--THE DEATH OF DOUGLAS
+
+
+During all this storm and stress the President-elect was at home
+struggling with office-seekers. They came in swarms from all points of
+the compass, and in the greatest numbers from Illinois. Judging from the
+Trumbull papers alone it is safe to say that Illinois could have filled
+every office in the national Blue Book without satisfying half the
+demands. Every considerable town had several candidates for its own
+post-office, and the applicants were generally men who had real claims
+by reason of party service and personal character for the positions
+which they sought. But there were exceptions, and Trumbull brought
+trouble on his own head many times by taking part in the mêlée. Yet
+there seemed to be no way of escape, even if he had wished to stand
+aloof. The day of civil service reform had not yet dawned. Time has
+kindly dropped its veil over those struggles except as relates to
+Lincoln's Cabinet. The selection of the Cabinet will be considered
+chronologically so far as the Trumbull papers throw light on it.
+
+On his journey to Washington for the coming session of Congress,
+Trumbull stopped a few days in New York. While there he received a call
+from three gentlemen, who were a sub-committee of a larger number who
+had been chosen, by the opponents of the Weed overlordship in New York
+politics, to call upon Lincoln and remonstrate against the appointment
+of Seward as a member of his Cabinet. The three men were William C.
+Bryant, William Curtis Noyes, and A. Mann, Jr. They said that finding
+it impracticable to see Lincoln, they had decided to call upon Trumbull
+and ask him to present their views to the President-elect. Although
+Trumbull disclaimed any peculiar knowledge or influence in respect of
+Cabinet appointments, they proceeded to make their wishes known. They
+said that a division had taken place in the Republican party of New
+York, growing out of corruption at Albany during the last session of the
+legislature, in which many Republicans were implicated; that so strong
+was the feeling against certain transactions there, that but for the
+presidential election the Republicans would have lost the state in
+November; and that unless the transactions were repudiated by the coming
+legislature the party would be beaten next year. They did not connect
+Governor Seward personally with these transactions, but said that
+several of his particular and most intimate friends, whom they named,
+were implicated, and that if he went into the Cabinet he would draw them
+after him.
+
+Trumbull suggested to them that if Governor Seward went into the
+Cabinet, as many people considered to be his due, it did not necessarily
+follow that he would control the patronage of New York. Mr. Mann,
+however, thought that this would be inevitable. He and Mr. Bryant and
+Mr. Noyes expressed the opinion that Seward did not desire to go into
+the Cabinet unless he could control the patronage and thus serve his
+friends. They said they had no name to propose as a New York member of
+the Cabinet, but they did not want the load of the Albany plunderers put
+upon them, and that if it were so the party in New York would be ruined.
+
+The purport of this interview was communicated by Trumbull to Lincoln by
+letter dated Washington, December 2, 1860. Lincoln replied as follows:
+
+    _Private_
+
+    SPRINGFIELD, ILL., Dec. 8, 1860.
+
+    HON. LYMAN TRUMBULL.
+
+     MY DEAR SIR: Yours of the 2nd is received. I regret exceedingly
+     the anxiety of our friends in New York, of whom you write; but
+     it seems to me the sentiment in that State which sent a united
+     delegation to Chicago in favor of Gov. Seward ought not and
+     must not be snubbed, as it would be, by the omission to offer
+     Gov. S. a place in the Cabinet. _I will myself take care of the
+     question of "corrupt jobs"_ and see that justice is done to all
+     our friends of whom you wrote, as well as others.
+
+     I have written to Mr. Hamlin on this very subject of Gov. S.
+     and requested him to consult fully with you. He will show you
+     my note and enclosures to him; and then please act as therein
+     requested.
+
+    Yours as ever,
+
+    A. LINCOLN.
+
+The enclosures were a formal tender of the office of Secretary of State
+to Seward and a private letter to him urging his acceptance of the
+appointment. The note to Hamlin requested that if he and Trumbull
+concurred in the step, the letters should be handed to Seward. They were
+promptly delivered.
+
+As matters stood at that time it was certainly due to Seward that a
+place in the Cabinet should be offered to him and that it should be the
+foremost place. He was still the intellectual premier of the party and
+nobody could impair his influence but himself. The principal scheme at
+Albany, to which Bryant and his colleagues alluded, was a "gridiron"
+street railroad bill for New York City, for which Weed was the political
+engineer.
+
+Trumbull saw Horace Greeley at this time. The latter would not recommend
+taking a Cabinet officer from New York at all, but he did suggest giving
+the mission to France to John C. Frémont. If this advice had been
+followed, and Frémont had been kept out of the country, Lincoln would
+have been spared one of the most terrible thorns in the side of his
+Administration; but fate ordained otherwise, for when Cameron was taken
+into the Cabinet it became necessary to provide a place for Dayton, and
+Paris was chosen for that purpose.
+
+The Cameron affair was the greatest embarrassment that Lincoln had to
+deal with before his inauguration. It was a fact of evil omen that David
+Davis, one of the delegates of Illinois to the Chicago Convention,
+assuming to speak by authority, made promises that Simon Cameron, of
+Pennsylvania, and Caleb Smith, of Indiana, should have places in the
+Cabinet if Lincoln were elected. In so doing, Davis went counter to the
+only instructions he had ever received from Lincoln on that subject. The
+day before the nomination was made, the editor of the Springfield
+_Journal_ arrived at the rooms of the Illinois delegation with a copy of
+the _Missouri Democrat_, in which Lincoln had marked three passages and
+made some of his own comments on the margin. Then he added, in words
+underscored: "Make no contracts that will bind me." Herndon says that
+this paper was read aloud to Davis, Judd, Logan, and himself. Davis then
+argued that Lincoln, being at Springfield, could not judge of the
+necessities of the situation in Chicago, and, acting upon that view of
+the case, went ahead with his negotiations with the men of Pennsylvania
+and Indiana, and made the promises as above stated.[45]
+
+Gideon Welles, in his book on Lincoln and Seward, says there was but one
+member of the Cabinet appointed "on the special urgent recommendation
+and advice of Seward and his friends, but that gentleman was soon, with
+Seward's approval, transferred to Hyperborean regions in a way and for
+reasons never publicly made known." That man was Cameron.
+
+The implication here is that Simon Cameron was appointed a member of
+Lincoln's Cabinet in consequence of Seward's influence, and at his
+desire. That Seward and Weed labored for Cameron's appointment, and that
+Weed had private reasons for doing so, is true, but the controlling
+factor was something of earlier date. David Davis had left his
+comfortable home at Bloomington and gone to Springfield to redeem his
+convention pledges. He camped alongside of Lincoln and laid siege to
+him. He had a very strong case _prima facie_. He had not only worked for
+Lincoln with all his might, but he had paid three hundred dollars out of
+his own pocket for the rent of the Lincoln headquarters during the
+convention. This seems like a small sum now, but it was three times as
+much as Lincoln himself could have paid then for any political purpose.
+Moreover, Davis had actually succeeded in what he had undertaken.[46]
+
+A. K. McClure says, in his book on "Lincoln and Men of War Times" (p.
+139), that the men who immediately represented Cameron on that occasion
+(John P. Sanderson and Alexander Cummings) really had little influence
+with the Pennsylvania delegation, and that the change of votes from
+Cameron to Lincoln was not due to this barter.
+
+Nicolay and Hay say that after the election Lincoln invited Cameron to
+come to Springfield, but they produce no evidence to that effect. On the
+other hand, Gideon Welles, quoting from an interview with Fogg, of New
+Hampshire (a first-rate authority), says that Cameron tried to get an
+invitation to Springfield, but that Lincoln would not give it; that a
+little later Cameron invited Leonard Swett to his home at Lochiel,
+Pennsylvania, and that while there Swett took upon himself to extend
+such an invitation in Lincoln's name, and that Lincoln, although
+surprised, was obliged to acquiesce in what Swett had done.[47] Swett,
+it may be remarked, was the _Fidus Achates_ of David Davis at all times.
+
+Cameron came to Springfield with a troop of followers, and the result
+was that, on the 31st of December, Lincoln handed him a brief note
+saying that he intended to nominate him for Secretary of the Treasury,
+or Secretary of War, at the proper time.
+
+Almost immediately thereafter he received a shock from A. K. McClure in
+the form of a telegram saying that the appointment of Cameron would
+split the party in Pennsylvania and do irreparable harm to the new
+Administration. He invited McClure to come to Springfield and give him
+the particular reasons, but McClure does not tell us what the reasons
+were. Evidently they were graver and deeper than a mere faction fight in
+the party, or a question whether Cameron or Curtin should have the
+disposal of the patronage. They included personal as well as political
+delinquencies, but McClure declined to put them in writing.
+
+After hearing them, Lincoln wrote another letter to Cameron dated
+January 3, 1861, asking him to decline the appointment that had been
+previously tendered to him, and to do so at once by telegraph. Cameron
+did not decline. Consequently Lincoln repeated the request ten days
+later, January 13.
+
+In the mean time Trumbull, having learned that a place in the
+Cabinet--probably the Treasury--had been offered to Cameron, wrote a
+letter to Lincoln, dated January 3, advising him not to appoint him. To
+this letter Lincoln wrote the following reply:
+
+    _Very Confidential_
+
+    SPRINGFIELD, ILL., Jan. 7, 1861.
+
+    HON. LYMAN TRUMBULL,
+
+     MY DEAR SIR: Yours of the 3d is just received.... Gen. C. has
+     not been offered the Treasury and I think will not be. It seems
+     to me not only highly proper but a _necessity_ that Gov. Chase
+     shall take that place. His ability, firmness, and purity of
+     character produce this propriety; and that he alone can
+     reconcile Mr. Bryant and his class to the appointment of Gov.
+     S. to the State Department produces the necessity. But then
+     comes the danger that the protectionists of Pennsylvania will
+     be dissatisfied; and to clear this difficulty Gen. C. must be
+     brought to coöperate. He would readily do this for the War
+     Department. But then comes the fierce opposition to his having
+     any Department, threatening even to send charges into the
+     Senate to procure his rejection by that body. Now, what I would
+     most like, and what I think he should prefer too, under the
+     circumstances, would be to retain his place in the Senate, and
+     if that place has been promised to another let that other take
+     a respectable and reasonably lucrative place abroad. Also, let
+     Gen. C.'s friends be, with entire fairness, cared for in
+     Pennsylvania and elsewhere. I may mention before closing that
+     besides the very fixed opposition to Gen. C. he is more amply
+     recommended for a place in the Cabinet than any other man....
+
+    Yours as ever,
+
+    A. LINCOLN.
+
+It is easy to read two facts between these lines: first, that although
+Lincoln had written a letter four days earlier withdrawing his offer to
+Cameron, some influence had intervened to cause new hesitations; second,
+that Lincoln knew that Cameron ought not to be taken into the Cabinet at
+all, and that he was now seeking some way to buy him off. The cause of
+the new hesitation was that David Davis was clinging to him like a burr.
+The last observation in the letter to Trumbull, that Cameron was more
+amply recommended for a place in the Cabinet than any other man, points
+to the activity of Seward and Weed in Cameron's behalf, of which Welles
+gives details in the interview with Fogg above mentioned.
+
+Before Lincoln's letter of the 7th reached Trumbull, the latter wrote
+the following, giving his objections to Cameron more in detail:
+
+    WASHINGTON, Jan. 10, 1861.
+
+    HON. A. LINCOLN,
+
+     MY DEAR SIR: My last to you was written in a hurry--in the
+     midst of business in the Senate, and I have not a precise
+     recollection of its terms--but I desire now to write you a
+     little more fully in regard to this Cameron movement, and in
+     doing so, I have no other desire than the success of our
+     Administration. Cameron is very generally regarded as a
+     trading, unscrupulous politician. He has not the confidence of
+     our best men. He is a great manager and by his schemes has for
+     the moment created an apparent public sentiment in Penna. in
+     his favor. Many of the persons who are most strenuously urging
+     his appointment are doubtless doing it in anticipation of a
+     compensation. It is rather an ungracious matter to interfere to
+     oppose his selection and hence those who believe him unfit and
+     unworthy of the place [Copy illegible] seems to me he is
+     totally unfit for the Treasury Department. You may perhaps ask,
+     how, if these things are true, does he have so many friends,
+     and such, to support him, and such representative men. I am
+     surprised at it, but the world is full of great examples of men
+     succeeding for a time by intrigue and management. Report says
+     that C. secured Wilmot in his favor by assurances of support
+     for the Senate, and then secured Cowan by abandoning W. at the
+     last. The men who make the charges against Cameron are not all,
+     I am sure, either his personal enemies, or governed by
+     prejudice. Another very serious objection to Cameron is his
+     connection with Gov. Seward. The Governor is a man who acts
+     through others and men believe that Cameron would be his
+     instrument in the Cabinet. It is my decided conviction that
+     C.'s selection would be a great mistake and it is a pity he is
+     [Copy illegible] Gov. Seward's appointment is acquiesced in by
+     all our friends. Some wish it were not so, but regard it rather
+     as a necessity, and are not disposed to complain. There is a
+     very general desire here to have Gov. Chase go into the Cabinet
+     and in that wish I most heartily concur. In my judgment you had
+     better put Chase in the Cabinet and leave Cameron out, even at
+     the risk of a rupture with the latter, but I am satisfied he
+     can be got along with. He is an exacting man, but in the end
+     will put up with what he can get. He cannot get along in
+     hostility to you, and when treated fairly, and as he ought to
+     be, will acquiesce. This letter is, of course, strictly
+     confidential.
+
+     There is a reaction here and the danger of an attack on
+     Washington is, I think, over.
+
+    Very truly your friend,
+
+    LYMAN TRUMBULL.
+
+The newspapers soon got hold of the fact that a place in the Cabinet had
+been offered to Cameron. They did not learn that he had been asked to
+decline it. Letters began to reach Trumbull urging him to use his
+influence to prevent such a calamity. For example:
+
+     James H. Van Alen, New York, January 8, says honest men of all
+     parties were shocked by the rumor of Cameron's appointment to
+     the Treasury. This evening Judge Hogeboom and Mr. Opdycke leave
+     for Springfield and Messrs. D. D. Field and Barney for
+     Washington to make their urgent protest against the act. Says
+     he has written to Lincoln and forwarded extracts from
+     congressional documents in relation to Simon Cameron's actions
+     as commissioner to settle the claims of the half-breed
+     Winnebago Indians. Refers to the _Congressional Globe_, 25th
+     Congress, 3d Session, p. 194.
+
+     E. Peck, Springfield, January 10, says all the Chicago members
+     of the legislature took such steps as they could to prevent the
+     appointment of Cameron, believing him not to be a proper man
+     for any place in the Cabinet. If he goes in, it will not be as
+     the head of the Treasury Department. Understands that Chase was
+     offered the Treasury, but did not accept.
+
+     C. H. Ray, Springfield, January 16, thinks that the Cameron
+     business should be brought to a halt by some decisive action
+     among the Republicans in Senate and House. Says Lincoln sees
+     the error into which he has fallen, and would, most likely, be
+     glad to recede; but, except a dozen letters, he hears only from
+     the Cameron and Weed gang.
+
+     E. Peck, Springfield, February 1, says David Davis is quite
+     "huffy" because of the objections raised to Cameron and because
+     Smith, of Indiana, is not at once admitted to the Cabinet.
+
+     William Butler (state treasurer), Springfield, February 7, says
+     that last evening he had a confidential conversation with
+     Lincoln, who told him that the appointment of Cameron, or his
+     intimation to Cameron that he would offer him a place in the
+     Cabinet, had given him more trouble than anything else that he
+     had yet encountered. He had made up his mind that after
+     reaching Washington he would first send for Cameron and say to
+     him that he intended to submit the question of his appointment
+     to the Republican Senators; that he should call them together
+     for consultation, but would leave Cameron out, as the question
+     to be considered would be solely in reference to him; and that
+     he (Lincoln) wished to deal frankly and for the good of the
+     party. Butler thinks it would be disastrous to Cameron to go
+     into the Cabinet under such circumstances.
+
+Norman B. Judd, of Chicago, was also expecting a place in the Cabinet.
+He was a lawyer by profession and general attorney of the Chicago and
+Rock Island Railroad. He had been a member of the State Senate, where he
+contributed largely to Trumbull's first election to the United States
+Senate, after which he had been devoted to Trumbull's political
+interests and no less to Lincoln's. He was chairman of the Republican
+State Committee and a member of the National Committee. He had been a
+delegate-at-large to the Chicago Convention, where he had worked
+untiringly and effectively for Lincoln's nomination. He was not a man
+of ideas, but was fertile in expedients. In politics he was a "trimmer,"
+sly, cat-like, and mysterious, and thus he came to be considered more
+farseeing then he really was; but he was jovial, companionable, and
+popular with the boys who looked after the primaries and the nominating
+conventions. Both as a legislator and a party manager his reputation was
+good, but his qualities were those of the politician rather than of the
+statesman. He was certainly the equal of Caleb Smith and the superior of
+Cameron. If he had been taken into the Cabinet, he would not have been
+ejected without assignable reasons nine months later. It was known
+immediately after the November election that he expected a Cabinet
+position and that Trumbull favored him.
+
+January 3, 1861, Judd wrote to Trumbull that he had heard no word from
+Lincoln, but he had heard indirectly from Butler (state treasurer) that
+Lincoln "never had a truer friend than myself and there was no one in
+whom he placed greater confidence; still circumstances embarrassed him
+about a Cabinet appointment." Judd understood this to mean that he would
+not be appointed and he took it very much to heart. Doubtless the
+circumstance that most embarrassed Lincoln was the same that operated in
+Cameron's case. David Davis was insisting that his pledge to the Indiana
+delegates should be made good.
+
+January 6, Lincoln made an early call on Gustave Koerner at his hotel in
+Springfield, before the latter was out of bed. Koerner gives the
+following account of it in his "Memoirs":[48]
+
+     I unbolted the door and in came Mr. Lincoln. "I want to see you
+     and Judd. Where is his room?" I gave him the number, and
+     presently he returned with Judd while I was dressing.
+
+     "I am in a quandary," he said; "Pennsylvania is entitled to a
+     Cabinet office. But whom shall I appoint?" "Not Cameron," Judd
+     and myself spoke up simultaneously. "But whom else?" We
+     suggested Reeder or Wilmot. "Oh," said he, "they have no show.
+     There have been delegation after delegation from Pennsylvania,
+     hundreds of letters and the cry is Cameron, Cameron. Besides,
+     you know I have already fixed on Chase, Seward, and Bates, my
+     competitors at the convention. The Pennsylvania people say if
+     you leave out Cameron you disgrace him. Is there not something
+     in that?" I said, "Cameron cannot be trusted. He has the
+     reputation of being a tricky and corrupt politician." "I know,
+     I know," said Lincoln; "but can I get along if that State
+     should oppose my administration?" He was very much distressed.
+     We told him he would greatly regret his appointment. Our
+     interview ended in a protest on the part of Judd and myself
+     against the appointment.
+
+January 7, Trumbull wrote to Lincoln advising him to give a Cabinet
+appointment to some person who could stand in a nearer and more
+confidential relation to him than that which grew out of political
+affinity, adding that he (Lincoln) knew whether Judd was the kind of man
+who would meet such requirements, and enclosing a written recommendation
+of Judd for such a position, signed by himself and Senators Grimes,
+Chandler, Wade, Wilkinson, Durkee, Harlan, and Doolittle. These, he
+said, were the only persons to whom the paper had been shown and the
+only ones aware of its existence.
+
+Let it be said in passing that this was bad advice. Any man going into
+the Cabinet as a more confidential friend of the President than the
+others would have had all the others for his enemies.
+
+January 10, William Jayne and Ebenezer Peck (both members of the state
+legislature) expressed the opinion that Judd would be appointed.
+Evidently the Trumbull letter and enclosure had, for the time being,
+produced the intended effect. Jayne said that Davis and Yates were
+opposed to Judd, but that Butler and Judge Logan favored him.
+
+February 17, Judd wrote from Buffalo, New York, where he was
+accompanying Lincoln on his journey to Washington, saying that he
+believed the Treasury would be offered again to Chase, and if so he must
+accept, although it might cause another "irrepressible conflict." He
+said nothing about his own prospects.[49]
+
+Evidently Lincoln had not yet decided to take Cameron into the Cabinet,
+but after he arrived in Washington the influence of Seward and Weed,
+which Dr. Ray had prefigured in a letter to Trumbull, prevailed upon him
+to do so. This was the opinion of Montgomery Blair, a high-minded man
+and an acute observer, expressed to Gideon Welles in these words:
+
+     Cameron had got into the War Department by the contrivance and
+     cunning of Seward who used him and other corruptionists as he
+     pleased with the assistance of Thurlow Weed; that Seward had
+     tried to get Cameron into the Treasury, but was unable to quite
+     accomplish that, and, after a hard underground quarrel against
+     Chase, it ended in the loss of Cameron, who went over to Chase
+     and left Seward.[50]
+
+When Cameron and Smith were appointed, the Berlin Mission was given to
+Judd, as a salve to his wound. Gustave Koerner had been "slated" in the
+newspapers for the Berlin Mission, although he had not applied for it. A
+telegram had been sent out from Springfield to the effect that that
+place had been reserved for him, and he erroneously supposed that it had
+been done with Lincoln's consent. It had been published far and wide in
+America and Europe without contradiction. Koerner's friends on both
+sides of the water had written congratulatory letters to him, and
+everybody seemed to think that the thing was done, and wisely done. Some
+of his clients had notified him that, having observed in the newspapers
+that he was going abroad for a few years, they had engaged other counsel
+to attend to their law business. At this very time Koerner was laboring
+for Judd's appointment as member of the Cabinet.
+
+The same telegram that announced failure in this attempt announced that
+Judd had been designated as Minister to Prussia and had accepted.
+Koerner felt humiliated, and he now applied for some other foreign
+mission which might be awarded to the German element of the
+party--preferably that of Switzerland; but it was now too late. The
+other places had all been spoken for. At a later period he was appointed
+Minister to Spain.
+
+On the 9th of January, 1861, Trumbull was reëlected Senator of the
+United States by the legislature of Illinois, by 54 votes against 46 for
+S. S. Marshall (Democrat). His nomination in the Republican caucus was
+without opposition.
+
+At the beginning of the special session of Congress called by President
+Lincoln for July 4, 1861, Trumbull was appointed by his fellow Senators
+Chairman of the Committee on the Judiciary, which place he occupied
+during the succeeding twelve years.
+
+The first duty he was called to perform was to announce the death of his
+colleague, Stephen A. Douglas. Douglas had placed himself at Lincoln's
+service in all efforts to uphold the Constitution and enforce the laws
+against the disunionists. He returned from Washington early in April and
+got in touch with his constituents, ready to act promptly as events
+might turn out. It turned out that the Confederates struck the first
+blow in the Civil War by bombarding Fort Sumter. This was the signal
+for Douglas's last and greatest political and oratorical effort. The
+state legislature, then in session, invited him to address them on the
+present crisis, and he responded on the 25th of April in a speech which
+made Illinois solid for the Union. The writer was one of the listeners
+to that speech and he cannot conceive that any orator of ancient or
+modern times could have surpassed it. Douglas seized upon his hearers
+with a kind of titanic grasp and held them captive, enthralled,
+spellbound for an immortal hour. He was the only man who could have
+saved southern Illinois from the danger of an internecine war. The
+southern counties followed him now as faithfully and as unanimously as
+they had followed him in previous years, and sent their sons into the
+field to fight for the Union as numerously and bravely as those of any
+other section of the state or of the country. Douglas had only a few
+more days to live. He was now forty-eight years of age, but if he had
+survived forty-eight more he could never have surpassed that eloquence
+or exceeded that service to the nation, for he never could have found
+another like occasion for the use of his astounding powers.
+
+He died at Chicago, June 3, 1861. Trumbull's eulogy was solemn, sincere,
+pathetic, and impressive--a model of good taste in every way. He
+retracted nothing, but, ignoring past differences, he gave an abounding
+and heartfelt tribute of praise to the dead statesman for his matchless
+service to his country in the hour of her greatest need. He concluded
+with these words:
+
+     On the 17th day of June last, all that remained of our departed
+     brother was interred near the city of Chicago, on the shore of
+     Lake Michigan, whose pure waters, often lashed into fury by
+     contending elements, are a fitting memento of the stormy and
+     boisterous political tumults through which the great popular
+     orator so often passed. There the people, whose idol he was,
+     will erect a monument to his memory; and there, in the soil of
+     the state which so long without interruption, and never to a
+     greater extent than at the moment of his death, gave him her
+     confidence, let his remains repose so long as free government
+     shall last and the Constitution he loved so well endure.
+
+FOOTNOTES:
+
+[45] _Life of Lincoln_, by Herndon-Weik, 2d edition, III, 172, 181.
+
+[46] David Davis's habit of coercing Lincoln was once complained of by
+Lincoln himself, as related in a letter (now in the possession of Jesse
+W. Weik) of Henry C. Whitney to Wm. H. Herndon. Whitney says:
+
+"On March 5, 1861, I saw Lincoln and requested him to appoint Jim Somers
+of Champaign to a small clerkship. Lincoln was very impatient and said
+abruptly: 'There is Davis, with that way of making a man do a thing
+whether he wants to or not, who has forced me to appoint Archy Williams
+judge in Kansas right off and John Jones to a place in the State
+Department; and I have got a bushel of despatches from Kansas wanting to
+know if I'm going to fill up all the offices from Illinois.'"
+
+[47] _Diary of Gideon Welles_, II, 390.
+
+[48] Vol. II, p. 114.
+
+[49] Fogg of New Hampshire says: "Mrs. Lincoln has the credit of
+excluding Judd, of Chicago, from the Cabinet,"--which is not unlikely.
+_Diary of Gideon Welles._
+
+[50] _Diary of Gideon Welles_, I, 126.
+
+
+
+
+CHAPTER IX
+
+FORT SUMTER
+
+
+Mrs. Trumbull did not accompany her husband to Washington at the special
+session of Congress July 4, 1861. A few letters written to her by him
+have been preserved. One of these revives the memory of an affair which
+caused intense indignation throughout the loyal states.
+
+On the day when it was decided in Cabinet meeting to send supplies to
+Major Anderson in Fort Sumter, a newspaper correspondent named Harvey, a
+native of South Carolina, sent a telegram to Governor Pickens at
+Charleston notifying him of the fact. Harvey was the only newspaper man
+in Washington who had the news. He did not put his own name on the
+telegram, but signed it "A Friend." He was afterward appointed, at
+Secretary Seward's instance, as Minister to Portugal, although he was so
+obscure in the political world that the other Washington correspondents
+had to unearth and identify him to the public. It was said that he had
+once been the editor of the Philadelphia _North American_. After he had
+departed for his mission, there had been a seizure of telegrams by the
+Government and this anonymous one to Governor Pickens was found. The
+receiving-clerk testified that it had been sent by Harvey. The
+Republicans in Congress, and especially the Senators who had voted to
+confirm him, were boiling with indignation. A committee of the latter
+was appointed to call upon the President and request him to recall
+Harvey. A letter of Trumbull to his wife (July 14) says:
+
+     The Republicans in caucus appointed a committee to express to
+     him their want of confidence in Harvey, Minister to Portugal.
+     Mr. Lincoln and Mr. Seward informed the committee that they
+     were aware of the worst dispatch to Governor Pickens before he
+     left the country, but not before he received the appointment,
+     and they did not think from their conversation with Harvey that
+     he had any criminal intent, and requested the committee to
+     report the facts to the caucus, Mr. Lincoln saying that he
+     would like to know whether Senators were as dissatisfied when
+     they came to know all the facts. The caucus will meet to-morrow
+     and I do not believe will be satisfied with the explanation.
+
+The inside history of this telegram was made public long afterward.
+Shortly before Seward took office as Secretary of State there came to
+Washington City three commissioners from Montgomery, Alabama, whose
+purpose was to negotiate terms of peaceful separation of the Confederate
+States of America from the United States, or to report to their own
+Government the refusal of the latter to enter into such negotiation.
+These men were Martin J. Crawford, John Forsyth, and A. B. Roman. They
+arrived in Washington on the 27th of February, four days after Lincoln's
+arrival and one week before his inauguration. They did not make their
+errand known until after the inauguration. They then communicated with
+Seward, by an intermediary, the nature of their mission, and the latter
+replied verbally that it was the intention of the new Administration to
+settle the dispute in an amicable manner. On the 15th of March, Seward
+assured the Confederate envoys that Sumter would be evacuated before a
+letter from them could reach Montgomery--that is, within five days. The
+negotiations were protracted till a decision had been reached, contrary
+to Seward's desires and promises, to send a fleet with provisions to
+relieve the garrison at Fort Sumter. Then Seward gave this fact to
+Harvey, knowing that he would transmit it to Governor Pickens and that
+the probable effect would be to defeat the scheme of relieving the
+garrison. This he evidently desired. He had already secretly detached
+the steamer Powhatan, an indispensable part of the Sumter fleet, and
+sent it on a useless expedition to Pensacola Harbor.
+
+Gideon Welles's account of the Harvey affair is as follows:
+
+     Soon after President Lincoln had formed the resolution to
+     attempt the relief of Sumter, and whilst it was yet a secret, a
+     young man connected with the telegraph office in Washington,
+     with whom I was acquainted, a native of the same town with
+     myself, brought to me successively two telegrams conveying to
+     the rebel authorities information of the purposes and decisions
+     of the Administration. One of these telegrams was from Mr.
+     Harvey, a newspaper correspondent, who was soon after, and with
+     a full knowledge of his having communicated to the rebels the
+     movements of the Government, appointed Minister to Lisbon. I
+     had, on receiving these copies, handed them to the President.
+     Mr. Blair, who had also obtained a copy of one, perhaps both,
+     of these telegrams from another source, likewise informed him
+     of the treachery. The subject was once or twice alluded to in
+     Cabinet without eliciting any action, and when the nomination
+     of Mr. Harvey to the Portuguese Mission was announced--a
+     nomination made without the knowledge of any member of the
+     Cabinet but the Secretary of State and made at his special
+     request--there was general disapprobation except by the
+     President (who avoided the expression of any opinion) and by
+     Mr. Seward. The latter defended and justified the selection,
+     which he admitted was recommended by himself, but the President
+     was silent in regard to it.[51]
+
+Trumbull says in his letter that Lincoln and Seward told the committee
+that they did not know that Harvey had sent the dispatch before he
+received the appointment. Welles says that both of them knew it
+beforehand, and that it was a matter of Cabinet discussion in which
+Lincoln, however, took no part. How are we to explain this
+contradiction? It was impossible for Lincoln to utter an untruth, but if
+we may credit Gideon Welles, _passim_, it was not impossible for Seward
+to do so and for Lincoln to remain silent while he did so, as he
+remained silent while the Cabinet were discussing the appointment of
+Harvey. If Seward, at the meeting of which Trumbull wrote, in this
+private letter to his wife, took the lead in the conversation, as was
+his habit, and said that there was no knowledge of Harvey's telegram to
+Governor Pickens until after Harvey had been appointed as minister, and
+Lincoln said nothing to the contrary, he would naturally have assumed
+that Seward spoke for both.
+
+There is reason to believe that Seward had previously prevailed upon the
+President to agree to surrender Fort Sumter, as a means of preventing
+the secession of Virginia. Evidence of this fact is supplied by the
+following entry in the diary of John Hay, under date October 22, 1861:
+
+     At Seward's to-night the President talked about Secession,
+     Compromise, and other such. He spoke of a Committee of Southern
+     pseudo-unionists coming to him before inauguration for
+     guarantees, etc. _He promised to evacuate Sumter if they would
+     break up their Convention without any row, or nonsense._ They
+     demurred. Subsequently he renewed proposition to Summers, but
+     without any result. The President was most anxious to prevent
+     bloodshed.[52]
+
+Hay here speaks of two offers made by Lincoln to evacuate Sumter, one
+before his inauguration and one after. Both were made on condition that
+a certain convention should be adjourned. This was the convention of
+Virginia, which had been called to consider the question of secession.
+It had met in Richmond on the 18th of February, while Lincoln was _en
+route_ for Washington. As Lincoln arrived in Washington on the 23d of
+February, the first offer must have been made in the interval between
+that day and the 4th of March.
+
+The History of Nicolay and Hay does not mention the first offer. It
+speaks of the second one as a matter about which the facts are in
+dispute, the disputants being John Minor Botts and J. B. Baldwin. Botts
+was an ex-member of Congress from Virginia and a strong Union man.
+Baldwin was a member of the Virginia Convention and a Union man. He had
+come to Washington in response to an invitation which Lincoln had sent,
+on or about the 20th of March, to George W. Summers, who was likewise a
+member of the convention. Summers was not able to come at the time when
+the invitation reached him, and he deputed Baldwin to go in his place.
+
+After the war ended, Botts wrote a book entitled "The Great Rebellion,"
+in which he gave the following account of an interview he had had with
+President Lincoln on Sunday, April 7, 1861 (two days after Baldwin had
+had his interview):
+
+     About this time Mr. Lincoln sent a messenger to Richmond,
+     inviting a distinguished member of the Union party to come
+     immediately to Washington, and if he could not come himself, to
+     send some other prominent Union man, as he wanted to see him on
+     business of the first importance. The gentleman thus addressed,
+     Mr. Summers, did not go, but sent another, Mr. J. B. Baldwin,
+     who had distinguished himself by his zeal in the Union cause
+     during the session of the convention; but this gentleman was
+     slow in getting to Washington, and did not reach there for
+     something like a week after the time he was expected. He
+     reached Washington on Friday, the 5th of April, and, on calling
+     on Mr. Lincoln, the following conversation in substance took
+     place, as I learned from Mr. Lincoln himself. After expressing
+     some regret that he had not come sooner, Mr. Lincoln said, "My
+     object in desiring the presence of Mr. Summers, or some other
+     influential and leading member of the Union party in your
+     convention, was to submit a proposition by which I think the
+     peace of the country can be preserved; but I fear you are
+     almost too late. However, I will make it yet.
+
+     "This afternoon," he said, "a fleet is to sail from the harbor
+     of New York for Charleston; your convention has been in session
+     for nearly two months, and you have done nothing but hold and
+     shake the rod over my head. You have just taken a vote, by
+     which it appears you have a majority of two to one against
+     secession. Now, so great is my desire to preserve the peace of
+     the country, and to save the border states to the Union, that
+     if you gentlemen of the Union party will adjourn without
+     passing an ordinance of secession, I will telegraph at once to
+     New York, arrest the sailing of the fleet, and take the
+     responsibility of EVACUATING FORT SUMTER!"
+
+     The proposition was declined. On the following Sunday night I
+     was with Mr. Lincoln, and the greater part of the time alone,
+     when Mr. Lincoln related the above facts to me. I inquired,
+     "Well, Mr. Lincoln, what reply did Mr. Baldwin make?" "Oh,"
+     said he, throwing up his hands, "he wouldn't listen to it at
+     all; scarcely treated me with civility; asked me what I meant
+     by an adjournment; was it an adjournment _sine die_?" "Of
+     course," said Mr. Lincoln, "I don't want you to adjourn, and,
+     after I have evacuated the fort, meet again to adopt an
+     ordinance of secession." I then said, "Mr. Lincoln, will you
+     authorize _me_ to make that proposition? For I will start
+     to-morrow morning, and have a meeting of the Union men
+     to-morrow night, who, I have no doubt, will gladly accept it."
+     To which he replied, "It's too late, now; the fleet sailed on
+     Friday evening."
+
+In 1866, the Reconstruction Committee of Congress got an inkling of this
+interview between Lincoln and Baldwin, called Baldwin as a witness, and
+questioned him about it. He testified that he had an interview with the
+President at the date mentioned, but denied that Lincoln had offered to
+evacuate Fort Sumter if the Virginia Convention would adjourn _sine
+die_. Thereupon Botts collected and published a mass of collateral
+evidence to show that Baldwin had testified falsely.
+
+Botts says in his book that he had confirmatory letters from Governor
+Peirpoint, General Millson, of Virginia, Dr. Stone, of Washington, Hon.
+Garrett Davis (Senator from Kentucky), Robert A. Gray, of Rockingham
+(brother-in-law to Baldwin), Campbell Tarr, of Wheeling, and three
+others, to whom Lincoln made the statement regarding his interview with
+Baldwin, in almost the same language in which he made it to Botts
+himself. Botts quotes from two letters written to him by John F. Lewis
+in 1866, in which the latter says that Baldwin acknowledged to him
+(Lewis) that Lincoln did offer to evacuate Fort Sumter on the condition
+named. There are persons now living to whom Lewis made the same
+statement, verbally.
+
+There is another piece of evidence, supplied by Rev. R. L. Dabney in the
+Southern Historical Society Papers, in a communication entitled "Colonel
+Baldwin's Interview with Mr. Lincoln." This purports to give the
+writer's recollections of an interview with Baldwin in March, 1865, at
+Petersburg, while the siege of that place was going on. Baldwin said
+that Secretary Seward sent Allan B. Magruder as a messenger to Mr.
+Janney, president of the Virginia Convention, urging that one of the
+Union members come to Washington to confer with Lincoln. Baldwin was
+called out of the convention by Summers on the 3d of April to see
+Magruder, and the latter said that Seward had authorized him to say that
+Fort Sumter would be evacuated on Friday of the ensuing week. The
+gentlemen consulted urged Baldwin to go to Washington, and he consented
+and did go promptly. Seward accompanied him to the White House and
+Lincoln took him upstairs into his bedroom and locked the door. Lincoln
+"took a seat on the edge of the bed, spitting from time to time on the
+carpet." The two entered into a long dispute about the right of
+secession. Baldwin insisted that coercion would lead to war, in which
+case Virginia would join in behalf of the seceded states.
+
+     Lincoln's native good sense [the narrative proceeds], with
+     Baldwin's evident sincerity, seemed now to open his eyes to the
+     truth. He slid off the edge of the bed and began to stalk in
+     his awkward manner across the chamber in great excitement and
+     perplexity. He clutched his shaggy hair as though he would jerk
+     out handfuls by the roots. He frowned and contorted his
+     features, exclaiming, "I ought to have known this sooner; you
+     are too late, sir, _too late_. Why did you not come here four
+     days ago and tell me all this?" Colonel Baldwin replied: "Why,
+     Mr. President, you did not ask our advice."
+
+The foregoing narrative involves the supposition that Lincoln, in the
+midst of preparations for sending a fleet to Fort Sumter, dispatched a
+messenger to Richmond to bring a man to Washington to discuss with him
+the abstract question of the right of a state to secede, and that,
+having procured the presence of such a person, he took him into a
+bedroom, locked the door, and had the debate with him, taking care that
+nobody else should hear a syllable of it. Not a word about Fort Sumter,
+although Magruder, the messenger, had said that it would be evacuated on
+the following Friday! Yet the Rev. Mr. Dabney did not see the
+incongruity of the situation.
+
+Nicolay and Hay say that Lincoln did not make any offer to Baldwin to
+evacuate Sumter, but did tell him what he had intended to say to
+Summers, if the latter had come to Washington at the right time.[53]
+
+Douglas in combating the Rebels, in contrast to the futile diplomacy of
+Seward:
+
+A marvelous incident is related in Welles's Diary immediately after his
+narrative of the Harvey affair. It describes the activity and
+earnestness of Stephen A.
+
+     Two days preceding the attack on Sumter, I met Senator Douglas
+     in front of the Treasury Building. He was in a carriage with
+     Mrs. Douglas, driving rapidly up the street. When he saw me he
+     checked his driver, jumped from the carriage, and came to me on
+     the sidewalk, and in a very earnest and emphatic manner said
+     the rebels were determined on war and were about to make an
+     assault on Sumter. He thought immediate and decisive measures
+     should be taken; considered it a mistake that there had not
+     already been more energetic action; said the dilatory
+     proceedings of the Government would bring on a terrible civil
+     war; that the whole South was united and in earnest. Although
+     he had differed with the Administration on important questions
+     and would never be in accord with some of its members on
+     measures and principles that were fundamental, yet he had no
+     fellowship with traitors or disunionists. He was for the Union
+     and would stand by the Administration and all others in its
+     defense, regardless of party. [Welles proposed that they should
+     step into the State Department and consult with Seward.] The
+     look of mingled astonishment and incredulity which came over
+     him I can never forget. "Then you," he said, "have faith in
+     Seward! Have you made yourself acquainted with what has been
+     going on here all winter? Seward has had an understanding with
+     these men. If he has influence with them, why don't he use it?"
+
+Douglas considered it a waste of time and effort to talk to Seward,
+considered him a dead weight and drag on the Administration; said that
+Lincoln was honest and meant to do right, but was benumbed by Seward;
+but finally yielded to Welles's desire that they should go into Seward's
+office, in front of which they were standing. They went in and Douglas
+told Seward what he had told Welles, that the rebels were determined on
+war and were about to make an assault on Sumter, and that the
+Administration ought not to delay another minute, but should make
+instant preparations for war. All the reply they got from Seward was
+that there were many rash and reckless men at Charleston and that if
+they were determined to assault Sumter he did not know how they were to
+be prevented from doing so.
+
+Seward's aims were patriotic but futile. He wished to save the Union
+without bloodshed, but the steps which he took were almost suicidal.
+What the country then needed was a jettison of compromises, and a
+resolution of doubts. Providence supplied these. The bombardment of
+Sumter accomplished the object as nothing else could have done. Nothing
+could have been contrived so sure to awaken the volcanic forces that
+ended in the destruction of slavery as the spectacle in Charleston
+Harbor.
+
+FOOTNOTES:
+
+[51] _Diary of Gideon Welles_, I, 32.
+
+[52] _Letters and Diaries of John Hay_, 1, 47.
+
+[53] Nicolay and Hay, III, 428. Probably the entry in Hay's Diary had
+been forgotten when the History was written, twenty-five years later.
+
+
+
+
+CHAPTER X
+
+BULL RUN--THE CONFISCATION ACT
+
+
+In company with other Senators, Trumbull went to the battle of Bull Run,
+July 21, 1861. His experience there he communicated to his wife, first
+by a brief telegram, and afterwards by letter. The telegram was
+suppressed by the authorities in charge of the telegraph office, who
+substituted one of their own in place of it and appended his name to it.
+The letter follows:
+
+    WASHINGTON, July 22nd, 1861.
+
+     We started over into Virginia about 9 o'clock A.M., and drove
+     to Centreville, which is a high commanding position and a
+     village of perhaps fifty houses. Bull Run, where the battle
+     occurred, is South about 3 miles and the creek on the main
+     road, looking West, is about 4-1/2 miles distant. The country
+     is timbered for perhaps a mile West of the creek, between which
+     and Centreville there are a good many cleared fields. At
+     Centreville, Grimes and I got saddles and rode horseback down
+     the main road towards the creek about three miles toward a
+     hospital where were some few wounded soldiers and a few
+     prisoners who had been sent back. This was about half-past
+     three o'clock P.M. Here we met with Col. Vandever of Iowa, who
+     gave us a very clear account of the battle. He had been with
+     Gen. McDowell and Gen. Hunter, who with the strongest part of
+     the army, had gone early in the morning a few miles north of
+     the main road and crossed the creek to take the enemy in the
+     flank. His division had very serious fighting, but had driven
+     the enemy back and taken three of his batteries. At the
+     hospital we were about one and a half miles from Generals Tyler
+     and Schenck, Col. Sherman, etc., who were down the road in the
+     woods and out of sight, with several regiments and a number of
+     guns. Their troops, Vandever told us, were a good deal
+     demoralized, and he feared an attack from the South towards
+     Bull Run where the battle of a few days ago was fought. About
+     this time a battery, apparently not more than a mile and a half
+     distant and from the South, fired on the battery where Sherman
+     and Schenck were. The firing was not rapid. On the hill at
+     Centreville we could see quite beyond the timber of the creek
+     off towards Manassas and see the smoke and hear the report of
+     the artillery, but not very rapid as I thought. This we
+     observed before leaving Centreville, and were told it was our
+     main army driving the enemy back, but slowly and with great
+     difficulty.
+
+     While at the hospital McDougall of California came up from the
+     neighborhood of Gen. Schenck and said he was going back towards
+     Centreville to a convenient place where he could get water and
+     take lunch. As Grimes and myself had got separated from Messrs.
+     Wade and Chandler and Brown, who had with them our supplies, we
+     concluded to go back with McD. and partake with him. We
+     returned on the road towards Centreville and turned up towards
+     a house fifty or a hundred yards from the road, where we
+     quietly took our lunch, the firing continuing about as before.
+     Just as we were putting away the things we heard a great noise,
+     and looking up towards the road saw it filled with wagons,
+     horsemen and footmen in full run towards Centreville. We
+     immediately mounted our horses and galloped to the road, by
+     which time it was crowded, hundreds being in advance on the way
+     to Centreville and two guns of the Sherman battery having
+     already passed in full retreat. We kept on with the crowd, not
+     knowing what else to do. On the way to Centreville many
+     soldiers threw away their guns, knapsacks, etc. Gov. Grimes and
+     I each picked up a gun. I soon came up to Senator Lane of
+     Indiana, and the gun being heavy to carry and he better able to
+     manage it, I gave it to him. Efforts were made to rally the men
+     by civilians and others on their way to Centreville, but all to
+     no purpose. Literally, three could have chased ten thousand.
+     All this stampede was occasioned, as I understand, by a charge
+     of not exceeding two hundred cavalry upon Schenck's column down
+     in the woods, which, instead of repulsing as they could easily
+     have done (having before become disordered and having lost some
+     of their officers), broke and ran, communicating the panic to
+     everybody they met. The rebel cavalry, or about one hundred of
+     them, charged up past the hospital where we had been and took
+     there some prisoners, as I am told, and released those we had.
+     It was the most shameful rout you can conceive of. I suppose
+     two thousand soldiers came rushing into Centreville in this
+     disorganized condition. The cavalry which made the charge I did
+     not see, but suppose they disappeared in double-quick time, not
+     dreaming that they had put a whole division to flight. Several
+     guns were left down in the woods, though I believe two were
+     brought off. What became of Schenck I do not know. Tyler, I
+     understand, was at Centreville when I got back there. Whether
+     other portions of our army were shamefully routed just at the
+     close of the day, after we had really won the battle, it seems
+     impossible for me to learn, though I was told that McDowell was
+     at Centreville when we were there and that his column had also
+     been driven back. If this be so it is a terrible defeat. At
+     Centreville there was a reserve of 8000 or 10,000 men under
+     Col. Miles who had not been in the action and they were formed
+     in line of battle when we left there, but the enemy did not, I
+     presume, advance to that point last night, as we heard no
+     firing. We fed our horses at Centreville and left there at six
+     o'clock last evening. Came on to Fairfax Court House, where we
+     got supper, and leaving there at ten o'clock reached home at
+     half-past two this morning, having had a sad day and witnessed
+     scenes I hope never to see again. Not very many baggage wagons,
+     perhaps not more than fifty, were advanced beyond Centreville.
+     From them the horses were mostly unhitched and the wagons left
+     standing in the road when the stampede took place. This side of
+     Centreville there were a great many wagons, and the alarm if
+     possible was greater than on the other. Thousands of shovels
+     were thrown out upon the road, also axes, boxes of provisions,
+     etc. In some instances wagons were upset to get them out of the
+     road, and the road was full of four-horse wagons retreating as
+     fast as possible, and also of flying soldiers who could not be
+     made to stop at Centreville. The officers stopped the wagons
+     and a good many of the retreating soldiers by putting a file of
+     men across the road and not allowing them to pass. In this way
+     all the teams were stopped, but a good many stragglers climbed
+     the fences and got by. I fear that a great, and, of course, a
+     terrible slaughter has overtaken the Union forces--God's ways
+     are inscrutable. I am dreadfully disappointed and mortified.
+
+Copy of telegram sent to Mrs. Lyman Trumbull, July 22, 1861:
+
+     The battle resulted unfavorably to our cause.
+
+     LYMAN T.
+
+When received by Mrs. Trumbull, it read:
+
+     I came from near the battlefield last night. It was a
+     desperately bloody fight.
+
+The only bill of importance passed at the July session of Congress at
+Trumbull's instance was one to declare free all slaves who might be
+employed by their owners, or with their owners' consent, on any military
+or naval work against the Government, and who might fall into our hands.
+It was called a Confiscation Act, but it did not confiscate any other
+than slave property. It was an entering wedge, however, for complete
+emancipation which came by successive steps later.
+
+At the beginning of the regular session (December, 1861), I was sent to
+Washington City as correspondent of the Chicago _Tribune_, and was, for
+the first time, brought into close relations with Trumbull. He had
+rented a house on G Street, near the Post-Office Department.
+
+Very few Senators at that period kept house in Washington. At Mrs.
+Shipman's boarding-house on Seventh Street, lived Senators Fessenden,
+Grimes, Foot, and Representatives Morrill, of Vermont, and Washburne, of
+Illinois; and there I also found quarters. As this was only a block
+distant from the Trumbulls', and as I had received a cordial welcome
+from them, I was soon on terms of intimacy with the family. Mr. Trumbull
+was then forty-eight-years of age, five feet ten and one half inches in
+height, straight as an arrow, weighing one hundred and sixty-seven
+pounds, of faultless physique, in perfect health, and in manners a
+cultivated gentleman. Mrs. Trumbull was thirty-seven years old, of
+winning features, gracious manners, and noble presence. Five children
+had been born to them, all sons. Walter, fifteen years of age, the
+eldest then living, had recently returned from an ocean voyage on the
+warship Vandalia, under Commander S. Phillips Lee. A more attractive
+family group, or one more charming in a social way or more kindly
+affectioned one to another, I have never known. Civilization could show
+no finer type.
+
+The Thirty-seventh Congress met in a state of great depression. Disaster
+had befallen the armies of the Union, but the defeat at Bull Run was not
+so disheartening as the subsequent inaction both east and west.
+McClellan on the Potomac had done nothing but organize and parade.
+Frémont on the Mississippi had done worse than nothing. He had
+surrounded himself with a gang of thieves whose plundering threatened to
+bankrupt the treasury, and when he saw exposure threatening he issued a
+military order emancipating slaves, the revocation of which by the
+President very nearly upset the Government. The popular demand for a
+blow at slavery as the cause of the rebellion had increased in
+proportion as the military operations had been disappointing. Lincoln
+believed that the time had not yet come for using that weapon. He
+revoked Frémont's order. He thereby saved Kentucky to the Union, and he
+still held emancipation in reserve for a later day; but he incurred the
+risk of alienating the radical element of the Republican party--an
+honest, fiery, valiant, indispensable wing of the forces supporting the
+Union. The explosion which took place in this division of the party was
+almost but not quite fatal. Many letters received by Trumbull at this
+juncture were angry and some mournful in the extreme. The following
+written by Mr. M. Carey Lea, of Philadelphia, touches upon a danger
+threatening the national finances, in consequence of this episode:
+
+    PHILADELPHIA, Nov. 1, 1861.
+
+     DEAR SIR: The ability of our Government to carry on this war
+     depends upon its being able to continue to obtain the enormous
+     amounts of money requisite. Of late, within a week or so, an
+     alarming falling off in the bond subscriptions has taken place.
+     Now it is upon these private subscriptions that the ability of
+     the banks to continue to lend the Government money depends, and
+     unless a change takes place they will be unable to take the
+     fifty millions remaining of the one hundred and fifty millions
+     loan. A member of the committee informed me lately that the
+     banks had positively declined to pledge themselves before the
+     1st of December, notwithstanding Mr. Chase's desire that they
+     should do so.
+
+     This sudden diminution of subscriptions arises from the course
+     taken by some of our friends in the West. Even suppose that
+     Gen. Frémont is treated unfairly by the Government (and I think
+     he is fairly termed incapable)--but suppose there should be
+     injustice done him--you might disapprove it, but the moment
+     there is any serious idea of _resisting_ the act of the
+     President, _this_ war is ended. For the bare suggestion of such
+     a thing has almost stopped subscriptions, and the serious
+     discussion, much more the attempt, would instantly put an end
+     to them.
+
+     I beg to remind you that in what I say I have no prejudice
+     against Frémont. I voted for him and have always concurred in
+     opinions with the Republican party, but we have now reached a
+     point where, if we look to _men_ and not to _principles_, we
+     are shipwrecked. Frémont is not more anti-slavery in his views
+     than Lincoln and Seward, and if he were in their place would
+     adopt the same cautious policy. The state of affairs must be my
+     excuse for intruding upon you these views. We _all_ have _all_
+     at stake and such a crisis leads those to speak who are
+     ordinarily silent. I remain, my dear Sir,
+
+    Yours respectfully,
+
+    M. CAREY LEA.
+
+To this weighty communication Trumbull made the following reply:
+
+    WASHINGTON, Nov. 5th, 1861.
+
+     MY DEAR SIR: Thanks for your kind letter just received. I was
+     not aware of a disposition in the West to resist the act of the
+     President in regard to Gen. Frémont; though I was aware that
+     there was very great dissatisfaction in that part of the
+     country at the want of enterprise and energy on that part of
+     our Grand Army of the Potomac. We are fighting to sustain
+     constitutional government and regulated liberty, and, of
+     course, to set up any military leader in opposition to the
+     constituted authorities would be utterly destructive of the
+     very purpose for which the people of the loyal states are now
+     so liberally contributing their blood and treasure, and could
+     only be justified in case those charged with the administration
+     of affairs were betraying their trusts or had shown themselves
+     utterly incompetent and unable to maintain the Government. In
+     my opinion this rebellion ought to and might have been crushed
+     before this.
+
+     I have entire confidence in the integrity and patriotism of the
+     President. He means well and in ordinary times would have made
+     one of the best of Presidents, but he lacks confidence in
+     himself and the _will_ necessary in this great emergency, and
+     he is most miserably surrounded. Now that Gen. Scott has
+     retired, I hope for more activity and should confidently expect
+     it did I not know that there is still remaining an influence
+     almost if not quite controlling, which I fear is looking more
+     to some grand diplomatic move for the settlement of our
+     troubles than to the strengthening of our arms. It is only by
+     making this war terrible to traitors that our difficulties can
+     be permanently settled. War means desolation, and they who have
+     brought it on must be made to feel all its horrors, and our
+     armies must go forth using all the means which God and nature
+     have put in their hands to put down this wicked rebellion. This
+     in the end will be done, and if our armies are vigorously and
+     actively led will soon give us peace. I trust that Gen.
+     McClellan will now drive the enemy from the vicinity of the
+     Capital--that he has the means to do it, I have no doubt. If
+     the case were reversed and the South had our means and our arms
+     and men, and we theirs, they would before this have driven us
+     to the St. Lawrence. If our army should go into winter quarters
+     with the Capital besieged, I very much fear the result would be
+     a recognition of the Confederates by foreign Governments, the
+     demoralization of our own people, and of course an inability
+     to raise either men or money another season. Such must not be.
+     Action, action is what we want and must have. God grant that
+     McClellan may prove equal to the emergency.
+
+    Yours very truly,
+
+    LYMAN TRUMBULL.
+
+The "influence almost if not quite controlling" meant Seward. Secretary
+Cameron went to St. Louis to investigate Frémont and found him guilty.
+Two months later he followed Frémont's example.[54] In his report as
+Secretary of War he inserted an argument in favor of the emancipation
+and arming of slaves. This he sent to the newspapers in advance of its
+delivery to the President and without his knowledge. The latter
+discovered it in time to expunge the objectionable part and to prevent
+its delivery to Congress, but not soon enough to recall it from the
+press. The expunged part was published by some of the newspapers that
+had received it and was reproduced in the _Congressional Globe_
+(December 12), by Representative Eliot, of Massachusetts.
+
+The next man to take upon himself the responsibility of declaring the
+nation's policy on this momentous question was General David Hunter, who
+then held sway over a small strip of ground on the coast of South
+Carolina. In the month of May, 1862, he issued an order granting freedom
+to all slaves in South Carolina, Georgia, and Florida. Hunter's order
+was promptly revoked by the President.
+
+Trumbull had been the pioneer, at the July session, in the way of
+legislation for freeing the slaves. On the first day of the regular
+session he took another step forward, by introducing a bill for the
+confiscation of the property of the rebels and for giving freedom to
+persons held as slaves by them. This came to be known as the
+Confiscation Act.
+
+On the 5th of December, 1861, he reported the bill from the Committee on
+the Judiciary and made a brief speech on it. It provided that all the
+property, real and personal, situated within the limits of the United
+States, belonging to persons who should bear arms against the
+Government, or give aid and comfort to those in rebellion, which persons
+should not be reachable by the ordinary process of law, should be
+forfeited and confiscated to the United States and that the forfeiture
+should take immediate effect; and that the slaves of all such persons
+should be free. Also that no slaves escaping from servitude should be
+delivered up unless the person claiming them should prove that he had
+been at all times loyal to the Government. Also that no officer in the
+military or naval service should assume to decide whether a claim made
+by a master to an escaping slave was valid or not.
+
+This bill was the _pièce de résistance_ of senatorial debate for the
+whole session. Its confiscatory features were attacked on the 4th of
+March by Senator Cowan, in a speech of great force. Cowan was a new
+Senator from Pennsylvania, a Republican of conservative leanings, and a
+great debater. He opposed the bill on grounds of both constitutionality
+and expediency. On the 24th of April, Collamer, of Vermont, expressed
+the sound opinions that private property could not be confiscated except
+by judicial process, and that even if it could be done it would be bad
+policy, since it would tend to prolong the war and would constitute a
+barrier against future peace.
+
+The Confederate Government had led the way by passing a law (May 21,
+1861) sequestrating all debts due to Northern individuals or
+corporations and authorizing the payment of the same to the Confederate
+Treasury. The whole subject was extremely complex. "There was commonly,"
+says a recent writer in the _American Historical Review_, "a failure in
+the debates to discriminate between a general confiscation of property
+within the jurisdiction of the confiscating government and the treatment
+accorded by victorious armies to private property found within the
+limits of military occupation. Thus the general rule exempting private
+property on land from the sort of capture property must suffer at sea,
+was erroneously appealed to as an inhibition upon the right of judicial
+confiscation. That a military capture on land analogous to prize at sea
+was not regarded as a legitimate war measure was so obvious and well
+recognized a principle that it would hardly require a continual
+reaffirmation. It was a very different matter, however, so far as the
+law and practice of nations was concerned, for a belligerent to attack
+through its courts whatever enemy's property might be available within
+its limits."[55]
+
+Collamer offered an amendment to strike out the first section of the
+bill and insert a clause providing that every person adjudged guilty of
+the crime of treason should suffer death, or, at the discretion of the
+court, be imprisoned not less than five years and fined not less than
+ten thousand dollars, which fine should be levied on any property, real
+or personal, of which he might be possessed. The fine was to be in lieu
+of confiscation. The aim of the amendment was to substitute due process
+of law in place of legislative forfeiture. Various other amendments were
+offered. On the 6th of May, the Senate voted by 24 to 14 to refer the
+bill and amendments to a select committee of nine. The House, which had
+been waiting for the Senate bill, decided on the 14th of May to take up
+a measure of its own, which it passed on the 26th. The select committee
+of the Senate framed a measure regarding the emancipation of escaping
+slaves. This and the House bill were sent to a conference committee,
+which reported the bill which became a law July 17, 1862.
+
+This was not the end of it, however. Provision had been made in the bill
+for the forfeiture, by judicial process, of the property, both real and
+personal, of rebels, regardless of the clause of the Constitution which
+declares that "no attainder of treason shall work corruption of blood,
+or forfeiture, except during the life of the person attainted." No such
+exception was made in the bill. The President considered it
+unconstitutional in this particular, and he wrote a short message giving
+his reasons for withholding his approval of the measure. A rumor of his
+intention reached Senator Fessenden, who called at the White House to
+inquire whether it was true. He had a frank conversation with the
+President, the result of which was that both houses passed a joint
+resolution providing that no punishment or proceedings under the
+Confiscation Act should be so construed as to work a forfeiture of the
+real estate of the offender beyond his natural life. Lincoln's intended
+veto of the Confiscation Bill is printed on page 3406 of the
+_Congressional Globe_. Touching confiscation in general he expressed the
+golden opinion that "the severest justice may not always be the best
+policy." But he would not have vetoed the bill on grounds of expediency
+merely. The forfeiture of real estate in perpetuity was the insuperable
+objection in his mind. And he here seems to me to have been entirely
+right. Yet Trumbull had the support of Judge Harris, Seward's successor
+in the Senate, than whom nobody stood higher as a lawyer at that day.
+
+The President then signed both the bill and the joint resolution. The
+Confiscation Act remained, however, practically a dead letter, except as
+to the freeing of the slaves. In the latter particular it was the first
+great step toward complete emancipation, since it took effect upon
+slaves within our lines, who could be reached and made free _de facto_.
+It provided that all slaves of persons who should be thereafter engaged
+in rebellion, escaping and taking refuge in the lines of the Union
+forces, and all such slaves found in places captured by such forces,
+should be declared free; that no slaves escaping should be delivered up
+unless the owner should swear that he had not aided the rebellion; that
+no officer of the United States should assume to decide on the validity
+of the claim of any person to an escaping slave; that the President
+should be authorized to employ negroes for the suppression of the
+rebellion in any capacity he saw fit; and that he might colonize negroes
+with their own consent and the consent of the foreign Government
+receiving them.
+
+According to a report of the Solicitor of the Treasury dated Dec. 27,
+1867, the total proceeds of confiscation actually paid into the Treasury
+up to that time amounted to the insignificant sum of $129,680.
+
+The enforcement of the confiscation act was placed under the charge of
+the Attorney-General. Practically, however, it was performed by officers
+of the army, so far as it was enforced at all. General Lew Wallace,
+while in command of the Middle Department at Baltimore, in 1864, issued
+two orders declaring his intention to confiscate the property of
+certain persons who were either serving in the rebel army or giving aid
+to the Confederate cause. These orders, which were published in the
+newspapers, came to the notice of Attorney-General Bates, who at once
+wrote to Wallace to remind him that the execution of the confiscation
+act devolved upon the Attorney-General, and that he (Bates) had not
+given any orders which would warrant the Commander of the Middle
+Department in seizing private property, and requesting him to withdraw
+the orders. Wallace replied that his construction of the law differed
+from that of the Attorney-General and that he should execute it
+according to his own understanding of it. Thereupon Bates took the
+orders, and the correspondence, to the President and declared his
+intention to resign his office if his functions were usurped by military
+men in the field, or by the War Department. Lincoln took the papers, and
+directed Secretary Stanton to require Wallace to withdraw the two orders
+and to desist from confiscation altogether. This was done by Stanton,
+but the orders were never publicly withdrawn although action under them
+was discontinued.
+
+FOOTNOTES:
+
+[54] Gideon Welles quotes Montgomery Blair as saying in conversation
+(September 12, 1862): "Bedeviled with the belief that he might be a
+candidate for the Presidency, Cameron was beguiled and led to mount the
+nigger hobby, alarmed the President with his notions, and at the right
+moment (B. says) he plainly and promptly told the President he ought to
+get rid of C. at once, that he was not fit to remain in the Cabinet, and
+was incompetent to manage the War Department, which he had undertaken to
+run by the aid of Tom A. Scott, a corrupt lobby jobber from
+Philadelphia." (_Diary_, I, 127.)
+
+[55] Article on "Some Legal Aspects of the Confiscation Acts of the
+Civil War," by J. G. Randall. _Am. Hist. Review_, October, 1912.
+
+
+
+
+CHAPTER XI
+
+THE EXPULSION OF CAMERON
+
+
+Early in the year 1862, it was found that the national credit was
+sinking in consequence of frauds in the War Department. A Committee on
+Government Contracts was appointed by the House, and the first man to
+fall under its censure was Alexander Cummings, one of the two
+Pennsylvania politicians with whom David Davis had made his bargain for
+votes at the Chicago convention.
+
+The War Department was represented at New York by General Wool with a
+suitable staff, Major Eaton being the commissary. There was also a Union
+Defense Committee consisting of eminent citizens who had volunteered to
+serve the Government in whatever capacity they might be needed.
+Nevertheless, Secretary Cameron placed a fund of two million dollars in
+the hands of General Dix, Mr. Opdycke, and Mr. Blatchford, to be
+disbursed by E. D. Morgan and Alexander Cummings, or either of them, for
+the purpose of forwarding troops and supplies to Washington. As E. D.
+Morgan was Governor of the State and was busy at Albany, this
+arrangement would be likely to devolve most of the purchases on Cummings
+alone. Cameron wrote on April 2, to Cummings:
+
+     The Department needs at this moment an intelligent,
+     experienced, and energetic man on whom it can rely, to assist
+     in pushing forward troops, munitions, and supplies. I am aware
+     that your private affairs may demand your time. I am sure your
+     patriotism will induce you to aid me even at some loss to
+     yourself.
+
+Major Eaton, the army commissary, distinctly informed Cummings that his
+services were not needed in the purchase of supplies. Nevertheless,
+Cummings drew $160,000 out of the two-million fund and proceeded to
+disburse the same. He first appointed a certain Captain Comstock to
+charter or purchase vessels. Captain Comstock went to Brooklyn,
+accompanied by a friend, and inspected a steamer appropriately named the
+Catiline, which he found could be bought for $18,000. Before he made his
+report to Cummings, the friend who accompanied him suggested to another
+friend named John E. Develin that there was a chance to make some money
+"by good management." Comstock at the same time assured Colonel D. D.
+Tompkins, of the Quartermaster's Department, that the ship was worth
+$50,000. Comstock testified that he was sent for by Thurlow Weed to come
+to the Astor House at the outbreak of the troubles, and that Weed stated
+to him that he (Weed) was an agent of the Government to send troops and
+munitions of war to Washington by way of the Chesapeake, and that he
+wished to charter vessels for that purpose. Afterwards Cummings called
+upon Comstock and showed him the same authority that Weed had shown.
+
+The Catiline was bought by Develin for $18,000. The seller of the ship
+testified that he received, as security for the purchase money, four
+notes of $4500 each executed by Thurlow Weed, John E. Develin, G. C.
+Davidson, and O. B. Matteson. Matteson had been a member of a previous
+Congress from Utica, New York, but had been expelled from the House. The
+Catiline was chartered for the Government at the rate of $10,000 per
+month for three months, with an agreement that if she were lost in the
+service the owners should be paid $50,000. The title to the Catiline
+was, for convenience, placed in the name of a Mr. Stetson.
+
+Cummings was examined by the Committee on Government Contracts. He
+testified that he had formerly been the publisher of the Philadelphia
+_Evening Bulletin_, and later publisher of the New York _World_, and
+that he had resided in the latter city about eighteen months; his family
+still residing in Philadelphia. The purchases made by him to be shipped
+on the Catiline consisted mainly of groceries and provisions, including
+twenty-five casks of Scotch ale, and twenty-five casks of London porter;
+but he testified that he did not see any of the articles bought, nor did
+he have any knowledge of their quality, nor did he see any of them put
+on board the ship. The purchases, he said, were made from the firm of E.
+Corning & Co., of Albany, through a member of the firm named Davidson,
+whom Cummings met at the Astor House. Cummings assumed that Davidson was
+a member of the firm because Davidson told him so; he had no other
+evidence of the fact. He assumed also that Corning & Co. were dealers in
+provisions, but had no absolute knowledge on that point.[56] He supposed
+that the goods were shipped from Albany to be loaded on the Catiline,
+but did not know that such was the fact. All these details he left to
+his clerk, James Humphrey, who had been recommended as clerk by Thurlow
+Weed. Cummings testified that he did not know Humphrey before; did not
+know whether he had ever been in business in Albany or in New York; took
+him on Weed's recommendation; made no bargain with him as to salary; did
+not know where he could be found now. Bought a lot of hard bread from a
+house in Boston. Questioned to whom he made payment for this bread, he
+answered: "Directly to the party selling it, I suppose." "By you?" "By
+my clerk, I suppose." Did not recollect who first suggested the purchase
+of bread. Had no directions from the Government to purchase any
+particular articles. Bought a quantity of straw hats and linen
+pantaloons, thinking they would be needed by the troops in warm weather.
+Did not personally know that any of the goods had been loaded on the
+steamer or by whom they should have been so loaded. The cargo was
+certified by Cummings to Cameron as shipped for the Government. Mr.
+Barney, Collector of the Port, refused to give a clearance to the
+Catiline to sail. Mr. Stetson, the owner, produced a letter from Thurlow
+Weed requesting a clearance, but Barney still refused. Finally General
+Wool gave a "pass" on which the Catiline sailed without a clearance.
+General Wool revoked the pass on the following day, but the ship had
+already departed.[57]
+
+The report says: "The Committee have no occasion to call in question the
+integrity of Mr. Cummings." We must infer, therefore, that he was chosen
+by Cameron to disburse Government money in this emergency because he was
+an extraordinary simpleton, and likely to be guided by Thurlow Weed in
+buying army supplies from a hardware firm in Albany, and an unknown
+Boston house that furnished hard bread.
+
+Congressman Van Wyck of New York, a member of the Committee, said that
+Mr. Weed's absence from home had prevented an examination into the
+nature and extent of his agency in the matter of the Catiline.[58] At
+the time when Weed's testimony was wanted he was in Europe acting as a
+volunteer diplomat "assisting to counteract the machinations of the
+agents of treason against the United States in that quarter," as appears
+by a letter of Secretary Seward to Minister Adams, dated November 7,
+1861.
+
+The Committee on Government Contracts were unable to determine whether
+the cargo of the Catiline was a private speculation or a _bona-fide_
+purchase for the Government. The character of the goods purchased and
+the mode of purchase pointed to the former conclusion. Scotch ale and
+London porter were not embraced in any list of authorized rations, nor
+were straw hats and linen pantaloons included in quartermaster's stores.
+Congressman Van Wyck conjectured that it was a private speculation until
+Collector Barney refused to grant a clearance, and that then it was
+turned over to the Government. Mr. Stetson, who applied for the
+clearance, first told the Collector that the ship was loaded with flour
+and provisions belonging to several of his friends. When he called the
+second time he testified that the cargo consisted of supplies for the
+troops. The ship was destroyed by fire before the three months' charter
+expired.
+
+On the 13th of January, Henry L. Dawes, of Massachusetts, another member
+of the committee, alluded to certain purchases of cavalry horses,
+saying:
+
+     A regiment of cavalry has just reached Louisville one thousand
+     strong, and a board of army officers has condemned four hundred
+     and eighty-five of the one thousand horses as utterly
+     worthless. The man who examined those horses declared, upon his
+     oath, that there is not one of them worth twenty dollars. They
+     are blind, spavined, ring-boned, with the heaves, with the
+     glanders, and with every disease that horseflesh is heir to.
+     Those four hundred and eighty-five horses cost the Government,
+     before they were mustered into the service, $58,200, and it
+     cost the Government to transport them from Pennsylvania to
+     Louisville, $10,000 more before they were condemned and cast
+     off.
+
+     There are, sir, eighty-three regiments of cavalry one thousand
+     strong now in or roundabout the army. It costs $250,000 to put
+     one of those regiments upon its feet before it marches a step.
+     Twenty millions of dollars have thus far been expended upon
+     these cavalry regiments before they left the encampments in
+     which they were gathered and mustered into the service. They
+     have come here and then some of them have been sent back to
+     Elmira; they have been sent back to Annapolis; they have been
+     sent here and they have been sent there to spend the winter;
+     and many of the horses that were sent back have been tied to
+     posts and to trees within the District of Columbia and there
+     left to starve to death. A guide can take you around the
+     District of Columbia to-day to hundreds of carcasses of horses
+     chained to trees where they have pined away, living on bark and
+     limbs till they starve and die; and the Committee for the
+     District of Columbia have been compelled to call for
+     legislation here to prevent the city wherein we are assembled
+     from becoming an equine Golgotha.[59]
+
+Horse contracts of this sort had been so plentiful that Government
+officials had gone about the streets of Washington with their pockets
+full of them. Some of these contracts had been used to pay Cameron's
+political debts and to cure old political feuds, and banquets had been
+given with the proceeds, "where the hatchet of political animosity,"
+said Dawes, "was buried in the grave of public confidence and the
+national credit was crucified between malefactors."
+
+Dawes said also that there was "indubitable evidence that somebody has
+plundered the public treasury well-nigh in a single year as much as the
+entire current yearly expenses of the Government which the people hurled
+from power because of its corruption"--meaning Buchanan's
+Administration.[60]
+
+In the Senate on the 14th, Trumbull, quoting from the testimony of the
+House Committee, said that Hall's carbines, originally owned by the
+Government, but condemned and sold as useless at about $2 each, were
+purchased back for the Government, in April or May, at $15 each. In
+June, the Government sold them again at $3.50 each. Afterwards in
+August, they were purchased by an agent of the Government at $12.50 each
+and turned over to the Government at $22 each, and the Committee of the
+House was then trying to prevent this last payment from being made, and
+eventually succeeded in doing so. The beneficiary in this case was one
+Simon Stevens, not a relative of Thaddeus Stevens, but a protégé of his,
+and an occupant of his law office. He operated through General Frémont,
+not through Cameron.
+
+"Sir," said Dawes, "amid all these things is it strange that the public
+treasury trembles and staggers like a strong man with a great burden
+upon him? Sir, the man beneath an exhausted receiver gasping for breath
+is not more helpless to-day than is the treasury of this Government
+beneath the exhausting process to which it is subjected."
+
+Somewhat later Congressman Van Wyck showed, among other things, that
+Thurlow Weed, by the favor of Cameron, had established himself between
+the Government and the powder manufacturers in such a way as to pocket a
+commission of five per cent on purchases of ammunition.[61]
+
+The committee visited severe censure on Thomas A. Scott, for acting as
+Assistant Secretary of War, while holding the office of vice-president
+of the Pennsylvania Central Railroad. Scott said that he ceased to draw
+salary from the railroad when he became Assistant Secretary, but that
+he had retained his railroad connection because he considered it of more
+value to himself than the other position. The committee considered it
+highly improper for him to hold the power to award large Government
+contracts for transportation and to fix prices therefor while he had
+personal railroad interests, and while Secretary Cameron, to whom he
+owed his appointment, was interested in the Northern Central Railroad.
+The latter was commonly called "Cameron's road." An order had been
+issued by Scott, without consultation with the Quartermaster-General of
+the army, fixing the rates to be paid for the transportation of troops,
+baggage, and supplies. The Quartermaster-General testified that Scott's
+order as to prices was addressed to one of his own subordinates and that
+he first saw it in the hands of that subordinate. He construed it,
+however, as an order from his superior officer and therefore as
+governing himself. Officers of other railroads testified that the rates
+fixed by Scott were much too high considering the magnitude and kind of
+work to be done. Thus, the rate for transporting troops was fixed at two
+cents per mile per man, whether carried in passenger cars or in box
+cars, and whether taken as single passengers or by regiments.
+
+Nicolay and Hay tell us that Cameron's departure from the Cabinet was in
+consequence of his disagreement with the President as to that part of
+his report relating to the arming of slaves; that although nothing more
+was said by either himself or Lincoln on that subject, "each of them
+realized that the circumstance had created a situation of difficulty and
+embarrassment which could not be indefinitely prolonged." Cameron, they
+say, began to signify his weariness of the onerous labors of the War
+Department, and hinted to the President that he would prefer the less
+responsible duties of a foreign mission. To outsiders this affair
+seemed to have completely blown over when, on January 11, 1862, Lincoln
+wrote the following short note:
+
+     MY DEAR SIR: As you have more than once expressed a desire for
+     a change of position, I can now gratify you consistently with
+     my view of the public interest. I, therefore, propose
+     nominating you to the Senate next Monday as Minister to Russia.
+
+    Very sincerely your friend,
+    A. LINCOLN.
+
+The real facts were given to the world by A. K. McClure somewhat later
+in his book on "Lincoln and Men of War-Time." He says that Cameron's
+dismissal was due to the severe strain put upon the national credit,
+which led to the severest criticisms of all manner of public profligacy,
+culminating in a formal appeal to the President from leading financial
+men of the country for an immediate change of the Secretary of War; that
+Lincoln's letter of dismissal was sent to Cameron by the hand of
+Secretary Chase, and that it was extremely curt, being almost, if not
+quite, literally as follows: "I have this day nominated Hon. Edwin M.
+Stanton to be Secretary of War and you to be Minister Plenipotentiary to
+Russia"; that Cameron in great agitation brought this missive to the
+room of Thomas A. Scott, Assistant Secretary of War, where Mr. McClure
+happened to be dining and showed it to them; that he wept bitterly, and
+said that it meant his personal degradation and political ruin. Scott
+and McClure volunteered to see Lincoln and ask him to withdraw the
+offensive letter and to permit Cameron to antedate a letter of
+resignation, to which Lincoln consented. "The letter conveyed by Chase
+was recalled; a new correspondence was prepared, and a month later given
+to the public."[62]
+
+McClure palliates Cameron's conduct by saying that "contracts had to be
+made with such haste as to forbid the exercise of sound discretion in
+obtaining what the country needed; and Cameron, with his peculiar
+political surroundings and a horde of partisans clamoring for spoils,
+was compelled either to reject the confident expectation of his friends
+or to submit to imminent peril from the grossest abuse of his delegated
+authority." This is another way of saying that he was compelled either
+to pay his political debts out of his own pocket, or give his henchmen
+access to the public treasury, and that he chose the latter alternative.
+
+The House of Representatives passed a resolution of censure upon Cameron
+for investing Alexander Cummings with the control of large sums of the
+public money and authorizing him to purchase military supplies without
+restriction when the services of competent public officers were
+available. A few days later the President sent to the House a special
+message, assuming for himself and the entire Cabinet the responsibility
+for adopting that irregular mode of procuring supplies in the then
+existing emergency, a message which, when read in the light of
+Cummings's testimony, adds nothing to Lincoln's fame.
+
+There was a struggle in executive session of the Senate, lasting four
+days, over the confirmation of Cameron as Minister to Russia. Trumbull
+took the lead in opposition. He considered it an immoral act, like
+giving to an unfaithful servant a "character" and exposing society to
+new malfeasance at his hands. He believed and said that the new office
+conferred upon him would serve simply as whitewash to enable him to
+recover his seat in the Senate, and that that was the reason why he
+wanted the mission to Russia.
+
+Sumner, the Chairman of the Committee on Foreign Relations, had been
+much impressed by Cameron's anti-slavery zeal. As soon as the nomination
+came in, he moved that it be confirmed unanimously and without reference
+to any committee, which was the usual custom in cases where ex-Senators
+of good repute were nominated to office. Objection being made, the
+nomination went over. This was the day on which Dawes made his speech in
+the House. Sumner saw the speech, called Cameron's attention to it, and
+asked what answer should be made to such accusations. Cameron replied
+that he had never made a contract for any kind of army supplies since he
+had been Secretary of War, but had left all such business to the heads
+of bureaus charged with such duties, and had never interfered with them.
+On the 15th he put this statement in writing and addressed it to
+Vice-President Hamlin:--
+
+     I take this occasion to state that I have myself not made a
+     single contract for any purpose whatever, having always
+     interpreted the laws of Congress as contemplating that the
+     heads of bureaus, who are experienced and able officers of the
+     regular army, shall make all contracts for supplies for the
+     branches of the service under their care respectively.
+
+     So far I have not found any occasion to interfere with them in
+     the discharge of this portion of their responsible duties.
+
+     I have the honor to be, respectfully, your obedient servant,
+
+    SIMON CAMERON.
+
+    HON. H. HAMLIN,
+    President of the Senate of the United States.
+
+In reply Dawes produced documents to show that there were then
+outstanding contracts, made by Cameron himself, for 1,836,900 muskets
+and rifles, and for only 64,000 by the Chief of Ordnance, the officer
+charged with that duty, and that on the very day when the letter to
+Hamlin was written, Cameron made a contract, against the advice of the
+Chief of Ordnance, for an unlimited number of swords and sabres--all
+that a certain Philadelphia firm could produce in a given time. This was
+done after he had resigned and before his successor, Stanton, had been
+sworn in.[63]
+
+Cameron was confirmed as Minister to Russia on the 17th, by a vote of 28
+to 14. The Republican Senators who voted against confirmation were
+Foster, Grimes, Hale, Harlan, Trumbull, and Wilkinson. Trumbull handed
+me this list of names for publication, saying that all of them desired
+to have it published.
+
+Cameron remained abroad until time and more exciting events had cast a
+kindly shadow on his record. He then came home and a few years later was
+reëlected to the Senate. When the attack was made on his dear friend
+Sumner, which ended in displacing him from the chairmanship of the
+Committee on Foreign Relations, which he had held ten years, Cameron
+retreated to a Committee room, as to a cyclone cellar, where he remained
+until the deed was done, leaving Trumbull, Schurz, and Wilson to fight
+the battle for his dear friend. Then he returned and sat down in the
+chair thus made vacant. He subsequently explained that he did so because
+his name was the next one to Sumner's on the committee list.[64]
+
+FOOTNOTES:
+
+[56] E. Corning & Co., of Albany, were dealers in stoves and hardware.
+
+[57] House Report no. 2, 37th Congress, 2d Session, p. 390. Cummings
+reappears in Welles's _Diary_, near the close of Andrew Johnson's
+Administration, as a favored candidate for the office of Commissioner of
+Internal Revenue. The report of the Committee on Government Contracts
+had been forgotten or only vaguely remembered. Welles had a dim
+recollection that Cummings had a spotted record, and he warned Johnson
+against him. Seward indorsed him, however; said he was "a capital man
+for the place--no better could be found." (_Diary of Gideon Wells_, III,
+414.)
+
+[58] _Cong. Globe_, February, 1862, p. 710.
+
+[59] _Cong. Globe_, January. 1862, p. 208.
+
+[60] _Cong. Globe_, April, 1862, p. 1841.
+
+[61] _Cong. Globe_, February, 1862, p. 712.
+
+[62] _Lincoln and Men of War Time_, p. 165.
+
+[63] Dawes, _Cong. Globe_, April, 1862, p. 1841.
+
+[64] _Congressional Record_, 43d Cong., 1st Sess., p. 3434.
+
+
+
+
+CHAPTER XII
+
+ARBITRARY ARRESTS
+
+
+The jaunty manner in which Secretary Seward administered the laws
+respecting the liberty of the citizen in the earlier years of the war is
+treated by John Hay with a humorous touch under date October 22, 1861:
+
+     To-day Deputy Marshal came and asked what he should do with
+     process to be served on Porter in contempt business. I took him
+     over to Seward and Seward said: "The President instructs you
+     that the _habeas corpus_ is suspended in this city at present,
+     and forbids you to serve any process upon any officer here."
+     Turning to me: "That is what the President says, is it not, Mr.
+     Hay?" "Precisely his words," I replied; and the thing was
+     done.[65]
+
+Prior to the assembling of Congress in July, 1861, the President had
+given to General Winfield Scott authority in writing to suspend the
+privilege of the writ of _habeas corpus_ at any point on the line of the
+movement of troops between Philadelphia and Washington City. Without
+other authority Seward began to issue orders for the arrest and
+imprisonment of persons suspected of disloyal acts or designs, not only
+on the line between Philadelphia and Washington City, but in all parts
+of the country.
+
+When the special session of Congress began, Senator Wilson, Chairman of
+the Committee on Military Affairs, introduced a joint resolution to
+declare these and other acts of the President "legal and valid to the
+same intent and with the same effect as if they had been issued and
+done under the previous express authority and direction of the Congress
+of the United States." The clause of the Constitution which says that
+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, does not say in what mode, or by what authority, it may be
+suspended.
+
+Straightway there were differences of opinion as to the lodgment of the
+power to suspend, whether it was in the executive or in the legislative
+branch of the Government. Other differences cropped up as to the
+phraseology of the Wilson Resolution and its legal intendment. It might
+be construed as an affirmance by Congress that the President's act
+suspending the writ was lawful at the time when he did it, or, on the
+other hand, that it became lawful only after Congress had so voted, and
+hence was unlawful before. These diversities of opinion were very
+tenaciously held by different members of the Senate and House, of equal
+standing in the legal profession. The result was that Wilson's joint
+resolution was debated at great length, but did not pass. Instead of it
+an amendment was added to one of the military bills declaring that all
+acts, proclamations, and orders of the President after the 4th of March,
+1861, respecting the army and navy, should stand approved and legalized
+as if they had had the previous express authority of Congress; and the
+bill was passed as amended. This was understood to be a mere makeshift
+for the time being.
+
+The general question was again brought to the attention of Congress by
+Trumbull, December 12, 1861, when he introduced in the Senate the
+following resolution:
+
+     Resolved, that the Secretary of State be directed to inform the
+     Senate whether, in the loyal states of the Union, any person or
+     persons have been arrested by orders from him or his
+     department; and if so, under what law said arrests have been
+     made and said persons imprisoned.
+
+When this resolution came up for consideration (December 16), Senator
+Dixon, of Connecticut, objected strongly to it. He thought that it was
+unnecessary and unwise, and that it could result in nothing advantageous
+to the cause of the Union. Some of the persons referred to, he said, had
+been arrested in his own state. They had manifested their treasonable
+purposes by attempting to institute a series of peace meetings,
+so-called, by which they hoped to debauch the public mind under false
+pretense of restoring peaceful relations between the North and the
+South. The Secretary of State had put a sudden stop to their treasonable
+designs by arresting and imprisoning one or more of them. He contended
+that the Secretary had done precisely the right thing, at precisely the
+right time, and had nipped treason in Connecticut in the bud. The only
+criticism which loyal citizens had to make of his doings was that he had
+not arrested a greater number. If there had been any error on the part
+of the Executive, it had been on the side of lenity and indulgence. He,
+Dixon, would not vote for an inquiry into the legality of such arrests
+because they found their justification in the dire necessity of the
+time.
+
+Trumbull asked how the Senator knew that the persons arrested were
+traitors. Who was to decide that question? If people were to be arrested
+and imprisoned indefinitely, without any charges filed against them,
+without examination, without an opportunity to reply, at the click of
+the telegraph, in localities where the courts were open, far from the
+theatre of war, such acts were the very essence of despotism. The only
+purpose of making the inquiry was to regulate these proceedings by law.
+If additional legislation was necessary to put down treason or punish
+rebel sympathizers in Connecticut, or in any other loyal state, he
+(Trumbull) was ready to give it, but he was not willing to sanction
+lawlessness on the part of public officials on the plea of necessity. He
+denied the necessity. The principle contended for by the Senator from
+Connecticut would justify mobs, riots, anarchy. He understood that some
+of the parties arrested had been discharged without trial and he asked
+if Mr. Dixon justified that. Then the following ensued:
+
+     MR. DIXON. I do.
+
+     MR. TRUMBULL. Then the Senator justifies putting innocent men
+     in prison. Else why were they discharged? I take it that was
+     the reason for their discharge. I have heard of such cases.
+
+     MR. DIXON. They ought to be discharged, then.
+
+     MR. TRUMBULL. They ought to be discharged, and they ought to be
+     arrested, too. An innocent man ought to be arrested, put into
+     prison, and by and by discharged. Sir, that is not my idea of
+     individual or constitutional liberty. I am engaged, and the
+     people whom I represent are engaged, in the maintenance of the
+     Constitution and the rights of the citizens under it. We are
+     fighting for the Government as our fathers made it. The
+     Constitution is broad enough to put down this rebellion without
+     any violations of it. I do not apprehend that the present
+     Executive of the United States will assume despotic powers. He
+     is the last man to do it. I know that his whole heart is
+     engaged in endeavoring to crush this rebellion, and I know that
+     he would be the last man to overturn the Constitution in doing
+     it. But, sir, we may not always have the same person at the
+     head of our affairs. We may have a man of very different
+     character, and what we are doing to-day will become a precedent
+     upon which he will act. Suppose that when the trouble existed
+     in Kansas, a few years ago, the then President of the United
+     States had thought proper to arrest the Senator or myself, and
+     send him or me to prison without examination, without
+     opportunity to answer, because in his opinion we were dangerous
+     to the peace of the country, and the necessity justified it.
+     What would the Senator have thought of such action?
+
+The debate lasted the whole day. Senators Hale, Fessenden, Kennedy, and
+Pearce, of Maryland, supported the resolution. Senators Wilson, of
+Massachusetts, and Browning, of Illinois, opposed it.
+
+Read in the light of the present day the arguments of the opposition are
+extremely flimsy. They said in effect: "We know that our rulers mean
+well; if we ask them any questions, we shall cast a doubt upon their
+acts and then the wicked will be encouraged in their wrongdoing, and
+treason will multiply in the land." It was Trumbull's opinion that
+arbitrary arrests were causing division and dissension among the loyal
+people of the North, and were thus doing more harm than good, even from
+the standpoint of their apologists. Democratic conventions censured
+them. That of Indiana, for example, resolved:
+
+     That the total disregard of the writ of _habeas corpus_ by the
+     authorities over us and the seizure and imprisonment of the
+     citizens of the loyal states where the judiciary is in full
+     operation, without warrant of law and without assigning any
+     cause, or giving the party arrested any opportunity of defense,
+     are flagrant violations of the Constitution, and most alarming
+     acts of usurpation of power, which should receive the stern
+     rebuke of every lover of his country, and of every man who
+     prizes the security and blessings of life, liberty, and
+     property.
+
+At the close of the debate, Senator Doolittle moved to refer the
+resolutions to the Committee on the Judiciary, in order to have a report
+on the question whether the right to suspend the writ of _habeas corpus_
+appertains to the President or to Congress. This motion was opposed by
+Trumbull, but it prevailed by a vote of 25 to 17, and the subject was
+shelved for six months.
+
+The question upon which Senator Doolittle wanted information had already
+been decided, so far as one eminent jurist could decide it, in the case
+of John Merryman, a citizen of Maryland, who was arrested at his home
+in the middle of the night on the 25th of May, 1861. He applied to Chief
+Justice Taney for a writ directing General Cadwalader, the commandant of
+Fort McHenry, to produce him in court, on the ground that he had been
+arrested contrary to the Constitution and laws of the United States. He
+stated that he had been taken from his bed at midnight by an armed force
+pretending to act under military orders from some person to him unknown.
+
+The Chief Justice issued his writ and General Cadwalader sent his
+regrets by Colonel Lee, saying that the prisoner was charged with
+various acts of treason and that the arrest was made by order of General
+Keim, who was not within the limits of his command. He said further that
+he was authorized by the President of the United States to suspend the
+writ of _habeas corpus_ for the public safety. He requested that further
+action be postponed until he could receive additional instructions from
+the President.
+
+Judge Taney thereupon issued an attachment against General Cadwalader
+for disobedience to the high writ of the court. The next day United
+States Marshal Bonifant certified that he sent in his name from the
+outer gate of the fort, which he was not permitted to enter, and that
+the messenger returned with the reply that there was no answer to his
+card, and that he was thereupon unable to serve the writ. The Chief
+Justice then read from manuscript as follows:
+
+     1. The President, under the Constitution and laws of the United
+     States, cannot suspend the privilege of the writ of _habeas
+     corpus_, nor authorize any military officer to do so.
+
+     2. A military officer has no right to arrest and detain a
+     person not subject to the rules and articles of war, for an
+     offense against the laws of the United States, except in aid of
+     the judicial authority and subject to its control, and if the
+     party is arrested by the military, it is the duty of the
+     officer to deliver him over immediately to the civil authority
+     to be dealt with according to law.
+
+The Chief Justice then remarked orally that if the party named in the
+attachment were before the court he should fine and imprison him, but
+that it was useless to attempt to enforce his legal authority, and he
+should, therefore, call upon the President of the United States to
+perform his constitutional duty and enforce the process of the court.
+
+July 8, 1862, the House, after a brief debate, passed a bill reported by
+its Judiciary Committee directing the Secretaries of State and of War to
+report to the judges of the courts of the United States the names of all
+persons held as political prisoners, residing in the jurisdiction of
+said judges, and providing for their prompt release unless the grand
+jury should find indictments against them during the first term of court
+thereafter. The bill also authorized the President, during any recess of
+Congress, to suspend the privilege of the writ of _habeas corpus_
+throughout the United States, or any part thereof, in cases of
+rebellion, or invasion, where the public safety might require it, until
+the meeting of Congress. Mr. Bingham, of Ohio, who reported the bill,
+explained that the committee did not attempt to decide whether the right
+to suspend the writ of _habeas corpus_ was vested in the executive or in
+the legislative branch of the Government. That was a matter of dispute,
+and the bill was intended to settle doubts, not theoretically but
+practically. If the right belonged to the Executive under the
+Constitution the passage of the bill would do no harm; if it belonged to
+Congress the bill would enable the President to exercise it legally. A
+motion to lay the bill on the table was negatived by a vote of 29 to 89,
+after which it was passed without a division.
+
+July 15, Trumbull reported this bill from the Judiciary Committee of the
+Senate with a recommendation that it pass. It was opposed vigorously by
+Wilson, of Massachusetts, who called it a general jail delivery for the
+benefit of traitors. He moved to strike out all of it except the section
+which authorized the President to suspend the privilege of the writ of
+_habeas corpus_. This motion was rejected by a majority of one, but the
+session came to an end on the following day without a final vote on the
+passage of the bill.
+
+In the meantime President Lincoln had seen fit to transfer the license
+of making arbitrary arrests from the Secretary of State to the Secretary
+of War. The change was no betterment, however, for, where Seward had
+previously chastised the suspected ones with whips, Stanton now
+chastised them with scorpions. Arbitrary arrests became more numerous
+and arbitrary than before. A special bureau was created for them under
+charge of an officer styled the Provost Marshal of the War Department.
+
+In the ensuing political campaign the Democrats made the greatest
+possible use of the issue thus presented, and they showed large gains in
+the congressional elections in the autumn of 1862. They carried New
+York, New Jersey, Pennsylvania, Ohio, Indiana, Illinois, and Wisconsin.
+Horatio Seymour was elected governor of the Empire State, and William A.
+Richardson (Democrat) was chosen by the legislature of Illinois as
+Senator in place of Browning, who was filling the vacancy caused by the
+death of Senator Douglas. It is impossible to say how much influence the
+arbitrary arrests had in producing these results, but it is certain that
+the Republican leaders were alarmed. Stanton fell into a panic. The
+general jail delivery apprehended by Wilson took place by a stroke of
+Stanton's pen on the 22d of November, without waiting for the final vote
+on Trumbull's bill, and Wilson himself voted for the bill.
+
+In the House, Thaddeus Stevens introduced a bill to indemnify the
+President and all persons acting under his authority for arrests and
+imprisonments previously made. This was passed under the previous
+question, December 8, unfairly and without debate.
+
+When Congress reassembled in December, Trumbull called up the House bill
+and offered a substitute for it. He held that under the Constitution
+Congress must authorize and regulate the suspension of the writ of
+_habeas corpus_. He would not, however, limit the exercise of the
+executive power to the time of meeting of the next Congress, as the
+House bill provided. His substitute proposed that the suspension of the
+writ should be left to the discretion of the President as to time and
+place during the continuance of the rebellion, but that political
+prisoners should not be held indefinitely without knowing the charges
+against them. The second section provided that lists of all prisoners of
+this class in the loyal states should be furnished, within twenty days,
+to the courts of the respective districts and laid before the grand
+juries with a statement of the charges against them, and if no
+indictments should be found against them during that term of court they
+should be discharged upon taking an oath of allegiance to the United
+States, and (if required by the judge) giving a bond for good behavior.
+Future arrests for political offenses were to be regulated in like
+manner. Collamer moved to strike out the second section, but failed by
+two votes.
+
+Republican resistance to this measure now ceased and the rôle of
+opposition was taken up by the Democrats. Powell, of Kentucky, contended
+that the power to suspend the writ of _habeas corpus_ was lodged in
+Congress exclusively and could not be delegated to the President. He
+raised the objection also that there was no definition of the phrase
+"political offenses." Trumbull agreed to strike out that phrase
+altogether, in which case the President would have the power to suspend
+the writ for all offenses, and could determine for himself which ones
+were political and which were non-political. As to the right of Congress
+to delegate its own powers to the President in analogous cases, he cited
+the power to borrow money, the power to grant letters of marque and
+reprisal, and the power to call forth the militia, all of which were
+lodged in Congress, but which Congress never exercised directly, but
+only by delegating its powers to the Executive.
+
+Senator Carlile, of Virginia, held that the writ of _habeas corpus_
+ought never to be suspended in places where the courts were open.
+Trumbull replied that if it were not suspended in those places it could
+never be suspended at all, for if there were no courts open, the writ
+itself could not be issued. Yet the Constitution clearly contemplated
+the necessity of suspending it in certain conditions where it actually
+existed.
+
+February 23, 1863, Trumbull's substitute was agreed to by yeas 25, nays
+12, and the bill was passed by 24 to 13. All of the negative votes,
+except two, were cast by Democrats.
+
+February 27, the Senate took up the Stevens House bill to indemnify the
+President and adopted a substitute proposed by Trumbull. The substitute
+was not adopted by the House, but a conference was asked for and agreed
+to by the Senate. The conferees decided to consolidate into one act the
+Indemnity Bill and the _Habeas Corpus_ Bill, which was still pending
+between the two houses. The report of the Conference Committee was
+presented to the Senate by Trumbull on March 2, one day before the end
+of the Thirty-seventh Congress.
+
+Except the financial bills, this was the most important measure of the
+session, and the one about which the most heat had been engendered. On
+the 24th of September, 1862, the President had proclaimed martial law
+throughout the nation as to persons discouraging enlistments or
+resisting the Conscription Act and had suspended the writ of _habeas
+corpus_ as to such persons. On the 1st of January following, he had
+issued the Emancipation Proclamation, of which he had given preliminary
+notice one hundred days before. These measures were extremely
+distasteful to the Democrats and especially so to those of the border
+slave states. The pending measure was intended to condone all former
+arbitrary arrests and to sanction an indefinite number in the future,
+although providing for speedy trials.
+
+When the report was presented, Powell, of Kentucky, moved to postpone it
+till the following day. Trumbull would not agree to any postponement
+unless there was an understanding on both sides that a vote should be
+taken within a limited time. It was finally agreed between himself and
+Bayard, of Delaware, that it should be postponed until seven o'clock in
+the evening, with the understanding that there should be no
+filibustering on the measure. The postponement was to be for debate and
+discussion only. "So far as I know, or can learn, or believe," said
+Bayard, "it is delay for no other purpose." Powell was present when this
+colloquy took place and he neither affirmed nor denied. Trumbull took it
+to be an agreement between the two political parties.
+
+The debate began with a speech from Senator Wall (Democrat), of New
+Jersey, who held the floor till midnight, when Saulsbury, of Delaware,
+moved that the Senate adjourn. The motion was negatived by 5 to 31.
+Powell moved that the bill be laid upon the table. This was negatived
+without a division. Then Powell began a speech against the bill. At
+12.40 A.M., Richardson moved that the Senate adjourn; negatived by 5 to
+30. Powell continued his speech and became involved in a running debate
+with Cowan, of Pennsylvania, who took the floor after Powell had
+finished and made a speech, apparently unpremeditated, but nevertheless
+a great speech, going to the foundation of things and showing that the
+Administration must be sustained in this crisis, since otherwise the
+fabric of self-government in the United States would perish. He did not
+say that he approved of, or condoned, arbitrary arrests in the loyal
+states. All his implications were to the contrary, but he insisted that
+those who would save the country and ward off chaos and anarchy could
+not pause now to contend with each other on the issue whether the
+President had the right to suspend the writ of _habeas corpus_ or
+whether Congress had it. He said that he observed signs, on the
+Democratic side, of filibustering against the bill, and he thought that
+such tactics were unjustifiable and highly dangerous. His argument
+carried the greater force because of his habitual conservatism. While it
+did not, perhaps, change any votes, it probably dampened the resistance
+of the Northern Democrats to the bill.
+
+When Cowan had concluded, Powell took the floor to reply. At 1.53 A.M.,
+Bayard interrupted him with a motion to adjourn, which was negatived by
+4 to 35. Powell resumed his speech and made a much longer one than his
+first, at the end of which he moved an adjournment, negatived by 4 to
+32. Then Bayard made a long speech against the bill. He finished at 5
+o'clock and Powell made another motion to adjourn, which was negatived,
+4 to 18, no quorum voting.
+
+Some confusion followed the disclosure of the absence of a quorum.
+Several motions were made and withdrawn, and finally Fessenden called
+for the yeas and nays on Powell's motion to adjourn. In the mean time a
+quorum had been drummed up and the roll-call showed 4 yeas to 33 nays.
+There was considerable noise and confusion on the floor when the result
+was announced and the presiding officer (Pomeroy, of Kansas) said
+quickly:
+
+     The question is on concurring in the report of the Committee of
+     Conference. Those in favor of concurring in the report will say
+     "aye"; those opposed, "no." The ayes have it. It is a vote. The
+     report is concurred in.
+
+Trumbull instantly moved to take up a bill from the House relating to
+public grounds in Washington City, and his motion was agreed to. Then
+Powell wanted to go on with the Indemnity Bill and was informed by
+Grimes that it had already passed. He denied that it had passed and
+called for the yeas and nays. Trumbull claimed the floor and his claim
+was sustained by the chair. Powell called it a piece of "jockeying."
+After some further recrimination the Senate adjourned.
+
+On reassembling, the question whether the bill had passed or not was
+again taken up. The Senate Journal showed that it had passed, and the
+question arose on a motion to correct the Journal. In the debate which
+ensued it was proved that the presiding officer did actually put the
+motion in the words quoted above; that, of the four Democrats who voted
+on the last roll-call, none heard it; that the Democrats were in fact
+filibustering against the bill, or at all events that Powell was doing
+so, for he avowed that he had intended to defeat it by any means in his
+power. On the other hand, there is no doubt that the passage of the
+bill was accomplished by the sharp practice of Pomeroy; but it was
+_damnum absque injuria_, snap judgment being no worse than
+filibustering. Moreover, there is evidence that of the thirteen
+Democratic Senators, only four or five were really determined to kill
+the bill at all hazards. All except that number absented themselves from
+the night session, while all or nearly all the Republicans remained in
+their places.
+
+The Conference Report was concurred in on the 2d of March and the bill
+was approved by the President on the following day. We may infer,
+therefore, that the power to suspend the writ of _habeas corpus_ resides
+in the legislative branch of the Government, of which the President is a
+part, and that Congress may delegate its powers to the President and
+prescribe conditions and limitations to its exercise.
+
+No legislation more wholesome was enacted during the war period. No act
+of the period was more precise and lucid and less equivocal in its
+terms. Yet within two months it was grossly violated by the banishment
+of Clement L. Vallandigham, an ex-member of Congress from Ohio.
+
+Vallandigham was the incarnation of Copperheadism. I heard his speech of
+January 14, 1863, in the House, in which he discharged all the
+pro-slavery virus that he had been collecting from his boyhood days. As
+a public speaker he had no attractions, but rather, as it seemed to me,
+the tone and front of a fallen angel defying the Almighty. There was
+neither humor nor persuasion nor conciliation in his make-up. He was
+cold as ice and hard as iron. Although born and bred in a free state, he
+avowed himself a pro-slavery man. In the speech referred to he took two
+hours to prove the following propositions: (1) That the Southern
+Confederacy never could be conquered; (2) that the Union never could be
+restored by war; (3) that it could be restored by peace; (4) that
+whatever else might happen, African slavery would be "fifty-fold
+stronger" at the end of the war than it had been at the beginning.
+
+General Ambrose E. Burnside, after his defeat at Fredericksburg, had
+been sent to take command of the Department of the Ohio. Vallandigham
+was now seeking the nomination of his party for governor of Ohio, and
+his chances of success were not flattering until Burnside caused him to
+be arrested for alleged treasonable utterances in a speech delivered at
+the town of Mount Vernon on the 1st day of May, 1863. He was taken out
+of his bed at Dayton in the night and carried to Cincinnati, put in a
+military prison, tried by a military commission, found guilty, and
+sentenced to close confinement in Fort Warren during the continuance of
+the war. President Lincoln commuted his sentence to banishment to the
+Southern Confederacy. He was accordingly sent across the army lines and
+handed over to his supposed friends, who did not, however, receive him
+with any touching marks of affection.
+
+Under the Act of Congress approved March 3, 1863, it was the duty of the
+Secretary of War within twenty days to report the arrest of Vallandigham
+to the judge of the United States District Court for southern Ohio, with
+a statement of the charges against him, in order that they might be laid
+before the grand jury, and if an indictment were found against him, to
+bring him to trial; and if no indictment were found during that term of
+court, to discharge him from confinement. Any officer, civil or
+military, holding a prisoner in contravention of that act was guilty of
+a misdemeanor and liable to a fine of not less than five hundred dollars
+and to imprisonment in the common jail not less than six months.
+Accordingly, all the proceedings in the case of Vallandigham subsequent
+to his arrest were unwarranted and lawless. The arrest itself was,
+perhaps, permissible under the act, because the President had the right
+to suspend the writ of _habeas corpus_. When Vallandigham applied for
+the writ, Judge Leavitt refused it on that ground. The refusal of the
+writ, however, did not justify the later proceedings.
+
+The military trial of Vallandigham and his subsequent banishment led to
+vehement protests from Northern Democrats, which, in the light of the
+present day, seem not unreasonable. President Lincoln replied at great
+length and on the whole successfully to one such protest which came from
+a committee of citizens of New York, of which Erastus Corning was
+chairman. He did not fare so well in a later controversy with a
+committee of the Ohio Democratic State Convention, who visited the
+Executive Mansion and submitted their protest in writing under date of
+June 26. In this communication they covered the same ground as the New
+York men and added these words:
+
+     And finally, the charge and the specifications on which Mr.
+     Vallandigham was tried entitled him to a trial before the civil
+     tribunals according to the express provisions of the late acts
+     of Congress approved by yourself July 17, 1862, and March 3,
+     1863.
+
+Mr. Lincoln replied to everything in the protest of the Ohio men except
+this paragraph. His failure to reply on this point gave them the
+opportunity to retort that his answer was "a mere evasion of the grave
+questions involved." This is the only instance in Mr. Lincoln's
+controversial writings, so far as I can discover, where such a retort
+seems justified. The correspondence is published in Appleton's Annual
+Cyclopædia, 1863.
+
+The New York _Tribune_ deprecated, in no querulous tone, but in
+moderate and dignified language, the entire proceedings in
+Vallandigham's case, and deemed them not helpful to the cause of the
+Union, but the contrary.
+
+Vallandigham was not the kind of man to win public sympathy, even for
+his misfortunes. Moreover, his transference to the society that he was
+supposed to be most fond of (as an alternative to close confinement in
+Fort Warren) had a flavor of jocularity that dulled the edge of
+criticism; but his strength in his own party was vastly augmented by
+these proceedings. He was nominated for governor by acclamation, and
+would probably have been elected had not the victories at Gettysburg and
+Vicksburg, two months later, withdrawn attention from him, inspired the
+Unionists with new enthusiasm, and correspondingly depressed their
+opponents.
+
+Burnside, finding himself sustained by his superiors in doctoring
+Copperheadism in Ohio, enlarged the scope of his practice. On the 1st of
+June he issued an order forbidding the circulation of the New York
+_World_ in his department and stopping the publication of the Chicago
+_Times_. Brigadier-General Ammen was charged with the execution of the
+latter order. On the following day, Ammen notified Wilbur F. Storey, the
+editor of the _Times_, that he would not be allowed to issue his paper
+on the 3d of June. Storey appealed to the United States District Court
+for protection. Shortly after midnight Judge Drummond issued a writ
+directing the military authorities to take no further steps under
+Burnside's order to suppress the _Times_ until the application for a
+permanent writ of injunction could be heard in open court. The judge
+said:
+
+     I may be pardoned for saying that personally and officially I
+     desire to give every aid and assistance in my power to the
+     Government and the Administration in restoring the Union, but
+     I have always wished to treat the Government as a government
+     of law and a government of the Constitution, and not a
+     government of mere physical force. I personally have contended
+     and shall always contend for the right of free discussion and
+     the right of commenting under the law and under the
+     Constitution upon the acts of the officers of the Government.
+
+Notwithstanding the order of the judge, a body of troops broke into the
+office of the _Times_ at half-past three o'clock in the morning, after
+nearly the whole edition had been printed, and took possession of the
+establishment. When daylight came there was great excitement in Chicago.
+Although the _Times_ was a Copperhead sheet of an obnoxious type, many
+loyal citizens were convinced that Burnside's order would produce vastly
+more harm than good to the Union cause. A meeting was hastily called at
+the circuit court room, at which Senator Trumbull and Congressman I. N.
+Arnold were present. Hon. William B. Ogden, ex-mayor, president of the
+Chicago and Northwestern Railway, a Republican in politics, offered for
+adoption a resolution requesting President Lincoln to suspend or rescind
+Burnside's order suppressing the _Times_. The resolution was adopted
+unanimously by the meeting and a petition to that effect was drawn up,
+signed, and sent around town for additional signatures. It was then
+telegraphed to the President, and Trumbull and Arnold sent an additional
+telegram asking that it might receive his prompt attention.
+
+Outside of the room, however, the utmost contrariety of opinion existed.
+The streets were filled with heated disputants, and there was danger of
+rioting throughout the day following the suppression of the newspaper.
+In the evening of June 3, a great meeting of persons opposed to
+Burnside's order was held in the Court-House Square, which was addressed
+by General Singleton, Moses M. Strong, of Wisconsin, B. G. Caulfield,
+and E. G. Asay, Democrats, and by Senator Trumbull and Wirt Dexter,
+Republicans.
+
+In the mean time Judge Drummond was hearing the arguments of Storey's
+lawyers on the question of making permanent the injunction that had
+already been disobeyed. While the proceedings were going on, a telegram
+came from Burnside to Ammen, dated Lexington, Kentucky, June 4, saying
+that his order for the suppression of the Chicago _Times_ had been
+revoked by order of the President of the United States. The soldiers
+were accordingly withdrawn and Mr. Storey resumed possession of his
+property.
+
+The Chicago _Evening Journal_ published the following outline of
+Trumbull's speech on this event:
+
+     The point of Judge Trumbull's speech was to show the importance
+     of adhering to the Constitution and laws in all measures
+     adopted for the suppression of the rebellion. He contended that
+     they furnished ample provisions for dealing with traitors in
+     our midst; that the Administration and its friends were
+     weakened by resort to measures of doubtful authority against
+     rebel sympathizers where the law furnished adequate remedies;
+     that while no one questioned the authority of military
+     commanders in the field and within their lines where the civil
+     authorities were overborne, to exercise supreme authority, the
+     right to do this in the loyal portions of the country, where
+     the judicial tribunals were in full operation, was very
+     questionable. He held that by its exercise in such localities
+     the enemies of the country were given a great advantage, by
+     alleging that their constitutional rights and privileges were
+     arbitrarily interfered with. He insisted that the Constitution
+     and laws were supreme in war as well as in peace, and that the
+     denial of this proposition was an acknowledgment that the
+     people were incapable of self-government--an admission that
+     constitutional liberty and the rights of the citizen,
+     guaranteed by fundamental laws, were of no value except in
+     peaceful times, so that in tumultuous times personal liberty
+     regulated by law, to establish which the Anglo-Saxon race had
+     been contending for centuries, must give way to the discretion
+     of any man who might happen at the time to be at the head of
+     the Government; that this, the American people are not prepared
+     to admit, nor was it necessary they should; that the right of
+     free speech and a free election should never be surrendered;
+     but that this freedom did not imply the right, in time of civil
+     war, to give aid and comfort to the enemies of the country,
+     either directly or indirectly, against which the laws made
+     ample provision.
+
+The legislature of Illinois was then in session and both houses passed
+resolutions condemning the action of the military authorities in
+suppressing the Chicago _Times_.[66]
+
+FOOTNOTES:
+
+[65] _Letters and Diaries_, I, 47.
+
+[66] The New York _Tribune_, June 6, said: "We trust the great majority
+of considerate and loyal citizens share the relief and satisfaction we
+feel in view of the President's course in revoking the order of General
+Burnside which directs the suppression of the Chicago _Times_. And we
+further trust that the zealous and impulsive minority, who would have
+had General Burnside's order sustained, will, on calm reflection,
+realize and admit that the President has taken the wiser and safer
+course. We cannot reconcile the decision of the Executive in this case
+with his action in regard to Vallandigham. Journalists have no special
+license to commit treason, and Vallandigham's sympathy with the rebels
+was neither more audacious nor more mischievous than that of the
+_Times_. Yet it is better to be inconsistently right than consistently
+wrong--better to be right to-day, though wrong yesterday, than to be
+wrong both days alike."
+
+
+
+
+CHAPTER XIII
+
+INCIDENTS OF THE YEARS 1863 AND 1864
+
+
+James W. White, of New York City, writes, March 6, to ask Trumbull, as a
+member of the Seward Committee, whether it is a fact that President
+Lincoln had knowledge of the dispatches written by Secretary Seward to
+Minister Adams, dated April 10, 1861, and July 5, 1862, before they were
+sent, and whether he approved the same.
+
+This refers to an event which very nearly upset President Lincoln's
+Cabinet in the beginning of 1863. Secretary Seward had entered the
+Cabinet under strong suspicions of lukewarmness toward the war policy of
+the President, which suspicions were shared by the Republican Senators
+generally. Consequently they were prepared to believe that the want of
+success which attended the Union arms was due to a lack of earnestness
+at headquarters, and that the man who paralyzed Lincoln was the
+Secretary of State. While this feeling was rankling in many bosoms, and
+especially among those who had considered the Executive remiss in
+dealing with the slavery question, the official correspondence of the
+State Department of the preceding year came from the press, containing,
+among other letters, one from Seward to Minister Adams dated July 5,
+1862, with the following words:
+
+     It seems as if the extreme advocates of African slavery and its
+     most vehement opponents were acting in concert together to
+     precipitate a servile war--the former by making the most
+     desperate attempts to overthrow the Federal Union, the latter
+     by demanding an edict of universal emancipation as a lawful and
+     necessary, if not, as they say, the only legitimate way of
+     saving the Union.
+
+Probably this was a private note, which got into the published volume by
+mistake, but it was oil on the flames in 1863, and it became public
+simultaneously with the news of General Burnside's defeat at
+Fredericksburg. These were among the darkest hours of the war. The
+Republican Senators thought that the rebellion would never be put down
+unless Seward were forced out of the Cabinet and that now was the time
+to act. A caucus was held and a committee appointed, of which Senator
+Collamer was chairman, to visit the President and express the opinion
+that Mr. Seward had lost the confidence of Congress and the country, and
+that his resignation was necessary to a successful prosecution of the
+war. Trumbull was one of the members of the committee.
+
+Seward's unlucky letter, which formed the occasion of Judge White's
+communication to Trumbull, was written shortly before Lincoln's
+preliminary proclamation of emancipation as to slaves in the rebel
+states was published. Senator Sumner took the letter to the President
+and asked if he had ever given his sanction to it. He replied that he
+had never seen it before. The newspapers got hold of this fact and made
+it hot for Seward. The New York _Times_, however, denied, apparently by
+authority, that Seward had ever sent any dispatch to a foreign minister
+without first submitting it to the President and getting his approval of
+it. Such a denial would be technically correct if this letter were a
+private communication, not intended for the public archives. Judge
+White, in a public letter, maintained that Seward never had submitted
+this letter to his chief, thus raising a question of veracity with the
+_Times_. So he wrote the foregoing letter to Trumbull hoping to find a
+backer in him. Trumbull replied in the following terms:
+
+     Pressing engagements and an indisposition to become involved
+     in the controversy to which your letter of the 6th alludes must
+     be my apology for not sooner replying to your inquiries. The
+     want of harmony, not to say the antagonism, between some of the
+     dispatches referred to and the avowed policy of the President
+     would seem to afford sufficient evidence to a discerning public
+     that both could not have emanated from the same mind. In view,
+     therefore, of the manner in which the information in my
+     possession was obtained, and not perceiving at this time that
+     the public good would be subserved by any disclosure I could
+     make, I must be excused for not undertaking to furnish
+     extraneous evidence in the matter.
+
+The accusations of the senatorial committee against Seward were
+summarized by Lincoln truthfully and with a touch of humor. "While they
+seemed to believe in my honesty," he said, "they also appeared to think
+that whenever I had in me any good purpose Seward contrived to suck it
+out unperceived." Seward was no more to blame for the ill success of the
+Union armies than any other member of the Cabinet. The inefficiency in
+our armies, according to Gideon Welles, resided in the President's chief
+military adviser, General Halleck. However that may have been, it is
+well that the errand of the Republican Senators to the White House
+proved fruitless, since, if successful, it might have created a
+precedent which would have upset our form of government.
+
+G. Koerner, Minister to Spain, writes from Madrid, March 22, 1863, that
+he is very much discouraged about the prospects of the war. He trusts
+more to the exhaustion of the South than to the victories of the North.
+
+     My situation, under the circumstances, has been a very
+     unpleasant one. For days and weeks I have avoided meetings and
+     reunions where I would have had to answer questions, often
+     meant in a very friendly manner, but still embarrassing to me.
+     My family has also lived very retired, for the additional
+     reason that we are not able to return the many hospitalities to
+     which we are invited constantly. We have the greatest trouble
+     in the world to live here in the most modest manner within our
+     means. We forego many, very many, of the comforts we were
+     accustomed to at home.
+
+From Columbus, Georgia, October 26, 1863, Alfred Iverson (former
+Senator), trusting that the difficulties in which the two sections are
+involved may not have extinguished the feelings of courtesy and humanity
+in the hearts of individual gentlemen, writes, at the instance of an
+anxious mother, to make inquiries in reference to Charles G. Flournoy,
+supposed to have been captured with other Confederate soldiers by
+General Grant's forces in the vicinity of Vicksburg, and to be confined
+in a military prison at Alton, Illinois.
+
+Walter B. Scates (former judge of the supreme court of Illinois,
+Democrat, now serving as assistant adjutant-general in the Thirteenth
+Army Corps) writes from New Orleans, November 14, 1863, that he is
+thoroughly convinced of the propriety and necessity of destroying
+slavery as a means of ending this most wicked war and preventing a
+recurrence of a like misfortune; is ready to take an active part in the
+organization of colored regiments, that they may assist in maintaining
+the Government and winning their own freedom.
+
+From Topeka, Kansas, November 16, John T. Morton remonstrates against
+the appointment of M. W. Delahay as judge of the United States District
+Court, because he is utterly incompetent. Says he gave up the practice
+of his profession in Illinois because he was so ignorant that nobody
+would employ him. O. M. Hatch confirms Morton; says the appointment is
+unfit to be made; has known Delahay personally for twenty years. Jesse
+K. Dubois and D. L. Phillips confirm Hatch.
+
+Jackson Grimshaw writes from Quincy, December 3:
+
+     Will the Senate confirm that miserable man Delahay for Judge
+     in Kansas? The appointment is disgraceful to the President, who
+     knew Delahay and all his faults, but the disgrace to the
+     Administration will be greater if the Senate confirms him. He
+     is no lawyer, could not try a case properly even in a Justice's
+     court and has no character. Mr. Buchanan in his worst days
+     never made so disgraceful an appointment to the bench.
+
+Herndon relates that Delahay's expenses to the Chicago nominating
+convention, as an expected delegate from Kansas, were promised by
+Lincoln. He was not a delegate and never had the remotest chance of
+being one, but he came as a "hustler" and Lincoln paid his expenses all
+the same. He was nevertheless appointed judge, was impeached by Congress
+in 1872 under charges of incompetency, corruption, and drunkenness on
+and off the bench, and resigned while the impeachment committee was
+taking testimony.
+
+Major-General John M. Palmer writes from Chattanooga, December 18, 1863:
+
+     The Illinois troops (now voters) are beginning to talk about
+     the Presidency. Mr. Lincoln is by far the strongest man with
+     the army, and no combination could be made which would impair
+     his strength with this army unless, perhaps, Grant's candidacy
+     would. The people of Tennessee would now vote for Lincoln, it
+     is thought by many. Andy Johnson is understood to be a
+     Presidential aspirant by most people in this state. He is not
+     as popular as I once thought he was, though if he will exert
+     himself to do so he can be Governor, or Senator, when the state
+     is reorganized. He is understood to favor emancipation, and the
+     people are prepared for it, but I fear personal questions will
+     complicate the matter. The truth is all these Southern
+     politicians are behind the times sadly. There is nothing
+     practical about them. Now, when the whole social and political
+     fabric is broken up, new foundations might be laid for
+     institutions which would in their effects within twenty years
+     compensate the State for all its losses, heavy as they are. But
+     not much will be done, I fear, because the politicians don't
+     seem to know what is required. One fourth of the people are
+     destitute, and yet the leaders have not humanity and energy
+     enough to induce them to organize for mutual assistance. There
+     are farms enough in middle Tennessee deserted by their rebel
+     owners to give temporary homes to thousands, and yet no one
+     will take the responsibility of putting them in possession, but
+     the leaders quietly suffer the poor to wander homeless all over
+     the country.
+
+Colonel Fred Hecker writes from Lookout Valley, Tennessee, December 21:
+
+     Again we are encamped in Lookout Valley after heavy fighting
+     and marching from November 22 to December 16, stopping a
+     victorious march at the gates of Knoxville, returning with
+     barefooted, ragged men, but cheerful hearts. This was more than
+     a fight. It was a wild chase after an enemy making no stand,
+     leaving everywhere in our hands, muskets, cannon, ammunition,
+     provisions, stores, etc., and large numbers of prisoners.
+     These, as well as the populations, were unanimous in declaring
+     that the people of the South are tired of the war and rebellion
+     and are in earnest in the desire for peace and order. I
+     conversed much with men of different positions in life,
+     education, and political parties, from the enraged secessionist
+     to the unwavering Union man just returning from his
+     hiding-place, and I am fully convinced that most of the work is
+     done. A great many had no idea what war was till both armies,
+     passing over the country, had taught them the lesson, and there
+     is such a prevailing union feeling in North Carolina, northern
+     Alabama, and Georgia, as I have ascertained in a hundred
+     conversations with men of that section of the country, that the
+     result of the next campaign is not the least doubtful. You
+     remember what I told you about General Grant at a time when
+     this excellent man was pursued by malice and slander. I feel
+     greatly satisfied that his enemies are now forced to do him
+     justice. The battle of Chattanooga, with all its great
+     consequences, was a masterpiece of planning and manoeuvring,
+     and every man of us is proud to have been an actor in this ever
+     memorable action. Revolution and war sift men and consume
+     reputations with the voracity of Kronos, and it is good that it
+     is so.
+
+From Chattanooga, January 24, 1864, Major-General John M. Palmer writes:
+
+     I saw Grant yesterday and had a conversation with him.
+     Peace-at-any-price men would have a hard bargain in him as
+     their candidate. He is a soldier and, of course, regards
+     negroes at their value as military materials. He has just
+     enough sentiment and humanity about him to make him a careful
+     general, and he esteems men, black or white, as too valuable to
+     be wasted. He does not desire to be a candidate for the
+     Presidency; prefers his present theatre of service to any
+     other. Nor will the officers of the army willingly give him up.
+     He has no enemies, and it is very difficult to understand how
+     he can have any. He is honest, brave, frank, and modest. Is
+     perfectly willing that his subordinates shall win all the
+     reputation and glory possible; will help them when he can, with
+     the most unselfish earnestness. He demands no adulation, and
+     gives credit for every honest effort, and if efforts are
+     unsuccessful he has the sense, and the sense of justice, to
+     understand the reasons for failure and to attach to them their
+     proper importance. Nobody is jealous of Grant and he is jealous
+     of no one. He is not a great man. He is precisely equal to his
+     situation. His success has been wonderful and must be
+     attributed, I think, to his fine common sense and the faculty
+     he possesses in a wonderful degree of making himself
+     understood. I do not think he will be anybody's candidate for
+     the Presidency this time, but after that his stock will be at a
+     premium for anything he wants. Mr. Lincoln is popular with the
+     army, and will, as far as the soldiers can vote, beat anything
+     the Copperheads can start. No civilian or mere book-making
+     general can get votes in the army against him.
+
+J. K. Dubois, Springfield, January 30, says:
+
+     We are receiving daily old regiments who are reënlisting and
+     are sent home on furlough for thirty days to see their friends
+     and recruit. This is very damaging to the Copperhead crew of
+     our state. They swear and groan over this fact, for they have
+     preached and affirmed that the soldiers were held in subjection
+     by their officers, and that as soon as their time was up they
+     would show their officers and the President that they would
+     have nothing more to do with this Abolition crusade. And so
+     when these same men's time will have expired, commencing next
+     June, they say to rebels both front and rear: "We were at the
+     beginning of this fight and we intend also to be at the end."
+     All honor to these brave and loyal men.
+
+Israel B. Bigelow, Brownsville, Texas, May 5, 1864, says that before the
+war it was commonly said that soil and climate would regulate slavery.
+
+     In theory this was right if slavery was right, and whether
+     right or wrong, slavery is declining, and with my very hearty
+     concurrence--to my own astonishment. No man ever regarded a
+     Massachusetts Abolitionist with greater abhorrence than myself,
+     and yet I have subscribed to Mr. Lincoln's ironclad oath. Time
+     works wondrous changes in men's feelings, and there are
+     thousands of slaveholders in this state who, two years ago,
+     cursed Mr. Lincoln and his Government, who are now willing to
+     have their slaves freed if the war can be brought to an end.
+
+We now come upon the first evidence of any difference, of a personal
+kind, existing between Senator Trumbull and President Lincoln. Opposing
+views on questions of public policy, such as the Confiscation Bill and
+arbitrary arrests, have already been noted. A difference of another kind
+is disclosed in a letter from N. B. Judd, Minister to Prussia. Judd had
+returned to his post after a visit to this country. He wrote to Trumbull
+under date, Berlin, January, 1864:
+
+     When I last saw you your conviction was that L. would be
+     reëlected. I tell you combinations can't prevent it. Events
+     possibly may. But until some event occurs, is it wise or
+     prudent to give an impression of hostility for no earthly good?
+     Usually your judgment controls your feelings. Don't let the
+     case be reversed now. Although a severe thinker you are not
+     constitutionally a croaker. Excuse the freedom of my writing. I
+     have given you proofs that I am no holiday friend of yours.
+
+The next piece of evidence found is a letter from Trumbull himself to
+H. G. McPike, of Alton, Illinois, one of the few letters of which he
+kept a copy in his own handwriting:
+
+    WASHINGTON, Feb. 6, 1864.
+
+     The feeling for Mr. Lincoln's reëlection _seems_ to be very
+     general, but much of it I discover is only on the surface. You
+     would be surprised, in talking with public men we meet here, to
+     find how few, when you come to get at their real sentiments,
+     are for Mr. Lincoln's reëlection. There is a distrust and fear
+     that he is too undecided and inefficient to put down the
+     rebellion. You need not be surprised if a reaction sets in
+     before the nomination, in favor of some man supposed to possess
+     more energy and less inclination to trust our brave boys in the
+     hands and under the leadership of generals who have no heart in
+     the war. The opposition to Mr. L. may not show itself at all,
+     but if it ever breaks out there will be more of it than now
+     appears. Congress will do its duty, and it is not improbable we
+     may pass a resolution to amend the Constitution so as to
+     abolish slavery forever throughout the United States.
+
+The third scrap is a letter from Governor Yates to Trumbull dated
+Springfield, February 26, to whom, perhaps, McPike showed Trumbull's
+letter quoted above. Yates writes:
+
+     As you are a Senator from _Illinois_, the state of Mr. Lincoln,
+     please be cautious as to your course till I see you. I have
+     such strong regard for you personally that I do not wish either
+     enemies or friends on our side, who would like to supplant you,
+     to get any undue advantage over you.
+
+Trumbull believed there was a lack of efficiency in the use made, by the
+executive branch of the Government, of the means placed at its disposal
+for putting down the rebellion. That such was his opinion was made clear
+by his participation in the anti-Seward movements of the previous year.
+Whether the opinion was justified or not, it was so generally
+entertained in Washington that if the nomination had rested in the hands
+of the Senators and Representatives in Congress, Lincoln would have had
+very few votes in the Baltimore Convention. Albert G. Riddle describes a
+scene in the White House in February, 1864, illustrative of public
+sentiment in Washington at that time. The reception room of the
+Executive Mansion was filled with persons, most of whom were inveighing
+against Lincoln, who was not present. The one most loud and bitter
+against the President was Henry Wilson, of Massachusetts. His assaults
+were so amazing that Riddle cautioned him to choose some other place
+than the Executive Mansion for uttering them; advised him to make his
+speeches in the Senate, or get himself elected to the coming National
+Union Convention and then denounce Lincoln, where his words might have
+some effect. Wilson replied that he knew the people were for Lincoln and
+that nothing could prevent his renomination.[67]
+
+The opposition was based wholly upon charges of inefficiency and lack of
+earnestness and vigor in the prosecution of the war. But the feeling,
+both among the people at home and the soldiers in the field, was so
+overwhelmingly for Lincoln, that when the delegates came together in
+convention the opposition in Congress was silenced. After the
+nominations of both parties had been made, however, the previous
+distrust reappeared on a larger scale and became so pronounced that
+Lincoln himself thought that he was about to be defeated and took steps
+to turn the Government over to McClellan practically before the
+constitutional period for his own retirement.[68] If Lincoln himself was
+in despair, other persons who shared his gloom might be excused.
+
+The radicals who were opposed to Lincoln held a convention in the city
+of Cleveland on the 31st of May, 1864, and nominated General John C.
+Frémont for President and General John Cochrane for Vice-President.
+Among the leaders in this movement were B. Gratz Brown, of Missouri,
+Wendell Phillips, of Massachusetts, and Rev. George B. Cheever, of New
+York. They had the sympathy of Ben Wade, of Ohio, and Henry Winter
+Davis, of Maryland, and they reckoned upon the support of many radical
+Germans of the fiery type, perhaps sufficiently numerous to turn the
+votes of some important Western States. On the 21st of September,
+Frémont withdrew as a candidate and on the 23d the President asked for
+the resignation of Montgomery Blair as Postmaster-General, which the
+latter immediately gave. The simultaneous retirement of Frémont and
+Blair, who were known to be enemies to each other, led to a suspicion
+that there was some connection between the two events. The account given
+by Nicolay and Hay conveys no hint of this, but is confused and
+self-contradictory. Evidence is available to indicate that Frémont made
+his retirement conditional upon the removal of Blair from the Cabinet,
+and that Lincoln, although reluctant to lose Blair from his official
+family, deemed it a necessity to get the third ticket out of the
+presidential contest, for public reasons.[69]
+
+In the Senatorial contest of 1867 the false accusation was made that
+Trumbull had refused to make speeches in favor of Lincoln's reëlection;
+whereas he was the leading speaker at the great Union Mass Meeting at
+Springfield on the 5th of October, 1864, which was addressed by
+Doolittle, Yates, and Logan also. His correspondence shows that he
+spoke at several other places during that month.
+
+But speech-making did not gain the victory in the election of 1864. That
+fight was won by General Sherman at Atlanta, aided by General Sheridan
+in the Valley of Virginia, and by Admiral Farragut at Mobile.
+
+FOOTNOTES:
+
+[67] Riddle's _Recollections of War-Time_, p. 267.
+
+[68] Nicolay & Hay, ix, 251.
+
+[69] A letter dated August 9, 1910, in my possession, from Mr. Gist
+Blair, son of Montgomery Blair, says: "I have always understood that my
+father retired from Mr. Lincoln's Cabinet in order to secure the
+withdrawal of Frémont as a candidate against Mr. Lincoln. There are
+letters which I cannot now put my hand on, which indicate that Mr.
+Lincoln continued to consult my father practically the same as if he
+were a member of the Cabinet, up to the time of Mr. Lincoln's death."
+
+
+
+
+CHAPTER XIV
+
+THE THIRTEENTH AMENDMENT TO THE CONSTITUTION
+
+
+Donn Piatt, meeting William H. Seward on the street on the morning
+immediately after the issuing of the preliminary proclamation of
+emancipation, complimented him for his share in the act, whereupon the
+following colloquy ensued:
+
+"Yes," said Seward, "we have let off a puff of wind over an accomplished
+fact."
+
+"What do you mean, Mr. Seward?"
+
+"I mean that the emancipation proclamation was uttered in the first gun
+fired at Sumter and we have been the last to hear it. As it is, we show
+our sympathy with slavery by emancipating slaves where we cannot reach
+them and holding them in bondage where we can set them free."[70]
+
+Seward did not say this in a censorious spirit, but what he did say was
+true. The proclamation applied only to states and parts of states under
+rebel control. It did not emancipate any slaves within the emancipator's
+reach. Whether it freed anybody anywhere was a matter of dispute. What
+its legal effect would be after the war should cease, no one could say.
+Moreover, if the President had legal authority to issue the
+proclamation, then he, or a successor in office, could revoke it.
+
+The Constitution had not given to the Federal Government power to
+emancipate slaves. The proclamation did not purport to rest upon any
+constitutional power, but upon war powers solely. But war powers last
+only while war lasts, and when it comes to an end, all sorts of people
+have all sorts of opinions as to the validity of acts done under them.
+
+Public opinion at the time was keenly alive to doubts regarding the
+President's powers in this particular. Congress was flooded with
+petitions calling for action to confirm and validate the proclamation,
+but the way was beset with difficulties. Should the Constitution be
+amended, or would an act of Congress suffice? If the Constitution should
+be amended, should it abolish slavery everywhere or only in the places
+designated by the President? Should loyal slave-owners be compensated,
+as Lincoln desired? What were the chances of getting such an amendment
+ratified by three fourths of the states? And for this purpose should the
+rebel states be counted as still in the Union? If so, the requisite
+number might not be obtained.
+
+The first resolution offered in Congress for such an amendment of the
+Constitution was proposed in the House on the 14th of December, 1863, by
+Representative James F. Wilson of Iowa, in these words:
+
+     SECTION 1. Slavery being incompatible with a free government is
+     forever prohibited in the United States; and involuntary
+     servitude shall be permitted only as a punishment for crime.
+
+     SECTION 2. Congress shall have power to enforce the foregoing
+     section by appropriate legislation.
+
+On the 13th of January, 1864, Senator Henderson, of Missouri, offered a
+resolution to amend the Constitution by adding thereto the following
+article:
+
+     Slavery or involuntary servitude, except as a punishment for
+     crime, shall not exist in the United States.
+
+These resolutions were referred to the Judiciary Committees of the
+respective houses.
+
+On the 10th of February, Trumbull reported the Henderson Resolution from
+the Committee on the Judiciary, with an amendment in the nature of a
+substitute in the following terms:
+
+     ARTICLE XIII
+
+     SECTION 1. Neither slavery nor involuntary servitude, except as
+     a punishment for crime whereof the party shall have been duly
+     convicted, shall exist within the United States or any place
+     subject to their jurisdiction.
+
+     SECTION 2. Congress shall have power to enforce this article by
+     appropriate legislation.
+
+The phraseology followed pretty closely that of the Ordinance of 1787.
+Trumbull adopted it because it was among the household words of the
+nation. To become effective as a part of the Constitution, this article
+required the votes of two thirds of each branch of Congress and
+ratification by the legislatures of three fourths of the States.
+
+Presenting the resolution to the Senate, Trumbull said that nobody could
+doubt that the conflict then raging, and all the desolation and death
+consequent thereon, had their origin in the institution of slavery; that
+even those who contended that the trouble was due to the agitators and
+abolitionists of the North must admit that if there were no slavery
+there would be no abolitionists. So also it must be admitted that if
+there had been no slavery there would have been no secession and no
+civil war. All the strife that had ever afflicted the nation, or all
+that could be considered menacing to the country's peace, had had its
+source in that institution. Various laws had been passed by Congress to
+give freedom to slaves of rebel owners and even these laws had not been
+executed properly. The President of the United States had issued a
+preliminary proclamation in September, 1862, and a final one in January,
+1863, declaring all slaves under rebel control free, but not those
+under our control. The legal effect of such a proclamation had been a
+matter of dispute. Some persons held that the President had the
+constitutional power to issue it and that all the slaves designated were
+free, or would become so whenever the rebellion should be crushed; while
+others contended that it had no effect either _de jure_ or _de facto_.
+It was the duty of the lawmaking power to put an end to this uncertainty
+by some act more comprehensive than any that had yet been adopted. Would
+a mere act of Congress suffice? It had been an axiom of all parties from
+the beginning of the Government that Congress had no authority to
+interfere with slavery in the states where it existed. We had authority,
+of course, to put down the enemies of the country and the right to slay
+them in battle; we had authority to confiscate their property; but did
+that give us authority to slay the friends of the Union, to confiscate
+their property, or to free their slaves? In his opinion the only
+conclusive and irrepealable way to make an end of slavery was by an
+amendment of the Constitution, and the only practical question remaining
+was whether the resolution recommended by the committee could secure a
+two-thirds vote in Congress and the concurrence of three fourths of the
+states. There were thirty-five states, including those in rebellion, and
+two territories about to become states. Presumably the affirmative votes
+of twenty-eight states would be required for ratification.
+
+In this speech Trumbull gave public expression to his feelings regarding
+the feeble prosecution of the war to which he had given private
+expression in the letters to friends referred to in the preceding
+chapter. He said:
+
+     I trust that within a year, in less time than it will take to
+     make this constitutional amendment effective, our armies will
+     have put to flight the rebel armies. I think it ought to have
+     been done long ago. Hundreds of millions of treasure and a
+     hundred thousand lives would have been saved had the power of
+     this republic been concentrated under one mind and hurled in
+     masses upon the main rebel armies. This is what our patriotic
+     soldiers have wanted and what I trust is now soon to be done.
+     But instead of looking back and mourning over the errors of the
+     past, let us remember them only for the lessons they teach for
+     the future. Forgetting the things which are past, let us press
+     forward to the accomplishment of what is before. We have at
+     last placed at the head of our armies a man in whom the country
+     has confidence, a man who has won victories wherever he has
+     been, and I trust that his mind is to be permitted,
+     uninterfered with, to unite our forces, never before so
+     formidable as to-day, in one or two grand armies, and hurl them
+     upon the rebel force.[71]
+
+The feeling here expressed by Trumbull was the prevailing sentiment at
+Washington at that time, even in President Lincoln's Cabinet. Both
+Gideon Welles and Edward Bates shared it. Welles wrote:
+
+     In this whole summer's campaign I have been unable to see or
+     hear or obtain evidence of power or will or talent or
+     originality on the part of General Halleck. He has suggested
+     nothing, decided nothing, done nothing but scold and smoke and
+     scratch his elbows. Is it possible that the energies of a
+     nation should be wasted by the incapacity of such a man?
+
+When Welles said to the President that he had observed the "inertness if
+not incapacity of the General-in-Chief, and had hoped that he [the
+President] who had better and more correct views would issue peremptory
+orders," Lincoln replied that it was better that he, who was not a
+military man, should defer to Halleck, rather than Halleck to him.
+
+Additional light is thrown by an entry in Hay's "Diaries"[72] under date
+April 28, 1864, where Lincoln says:
+
+     When it was proposed to station Halleck in general command, he
+     insisted, to use his own language, on the appointment of a
+     General-in-Chief who should be held responsible for results. We
+     appointed him, and all went well enough until after Pope's
+     defeat, when he broke down,--nerve and pluck all gone,--and has
+     ever since evaded all possible responsibility, little more,
+     since that, than a first-rate clerk.
+
+General Francis V. Greene, reviewing the war as a whole, says that
+
+     If Lincoln had placed Grant in command of the Western armies in
+     July, 1862, when Halleck was made General-in-Chief, instead of
+     in October, 1863, it would have probably shortened the war by a
+     year.[73]
+
+This opinion is concurred in by General Grenville M. Dodge, one of the
+surviving major-generals of the Civil War,[74] and I imagine that it
+will not be disputed by any military man at the present day. These
+citations show that the opinions held by Trumbull, as to the
+inefficiency of the directing force of the Union armies, up to the time
+when Grant was called to take command at Washington, were not those of a
+mere fault-finder and backbiter.
+
+A notable speech in favor of the anti-slavery amendment was made by
+Henderson, of Missouri, who was himself a slave-owner. The most
+impressive speech made in either branch of Congress, however, was that
+of Senator Reverdy Johnson, of Maryland. The fact that he represented a
+slaveholding State could not fail to add force to any argument he might
+make in support of the measure, but the argument itself, both in its
+moral and its legal aspects, was of surpassing merit. It deserves a high
+place in the annals of senatorial eloquence.
+
+The constitutional amendment was under debate in the Senate until the
+8th of April, 1864, when it was passed by a vote of 38 to 6. The
+negative votes were the two from Delaware, two from Kentucky, and those
+of Hendricks, of Indiana, and McDougall, of California. It then went to
+the House, where it was under consideration till the 15th of June, when
+it failed of passage by a vote of 93 to 65, not two thirds. The
+Democrats generally voted in the negative. A second attempt to pass it
+was made in the House on February 1, 1865, this time successfully, the
+yeas being 119 and the nays, 56. There was an extraordinary scene in the
+House when the final vote was taken. It is described by George W.
+Julian, in his "Recollections" (page 250), thus:
+
+     The time for the momentous vote had now come, and no language
+     could describe the solemnity and impressiveness of the
+     spectacle pending the roll-call. The success of the measure had
+     been considered very doubtful, and depended upon certain
+     negotiations, the result of which was not fully assured, and
+     the particulars of which never reached the public.[75] The
+     anxiety and suspense during the balloting produced a deathly
+     stillness, but when it became certainly known that the measure
+     had prevailed, the cheering in the densely packed hall and
+     galleries surpassed all precedent and beggared all description.
+     Members joined in the general shouting, which was kept up for
+     several minutes, many embracing each other, and others
+     completely surrendering themselves to their tears of joy....
+
+The ratification of the amendment was announced by the Secretary of
+State on the 18th of December, 1865. Three states, South Carolina,
+Alabama, and Florida, when they ratified it, passed resolutions
+expressing their understanding that the second section did not authorize
+Congress to legislate on the political status or civil relations of the
+negroes, but merely to confirm and protect their freedom. On November 1,
+1865, Governor Perry, of South Carolina, wrote to President Johnson,
+saying that his state had abolished slavery in all good faith and never
+would wish to restore it again, but that his people feared that the
+second section might be construed to give Congress local power over
+legislation respecting negroes and white men in the state of freedom. To
+this letter Secretary Seward replied that the second section was "really
+restraining in its effect instead of enlarging the powers of Congress."
+By this he meant that it restrained Congress to the single subject of
+slavery. It did not give citizenship or civil rights to the freedmen.
+The legislature of South Carolina accordingly ratified the amendment on
+the 13th of November, and put on record the letter of Seward as the
+official interpretation of this clause by the Federal Executive. Alabama
+did substantially the same on the 2d of December and Florida on the 28th
+of December. Seward's interpretation of the second section of the
+amendment turned out to be correct, but many years of doubt and gloom
+were to pass before a decision upon it was reached in the Supreme Court.
+
+From what has gone before it appears doubtful whether President
+Lincoln's proclamation of emancipation freed any slaves legally. Its
+immediate value was not so much in its effect upon the blacks as upon
+the whites. It liberated millions of the latter from bondage to a false
+philosophy and a monstrous social creed and made possible and necessary
+the adoption of the Thirteenth Amendment. To Senator Trumbull belongs
+the distinction of having traced its lines and this is his title to
+immortality.
+
+FOOTNOTES:
+
+[70] _Memories of Men who Saved the Union_, by Donn Piatt, p. 150.
+
+[71] _Cong. Globe_, 1863-64, part 2, p. 1314.
+
+[72] Vol. I, p. 187.
+
+[73] _Scribner's Magazine_, July, 1909.
+
+[74] In a letter to the writer.
+
+[75] The particulars referred to by Julian were subsequently made public
+by Mr. A. G. Riddle in his _Recollections of War-Time_, p. 325. Two
+Democrats were induced to vote in the affirmative and one other to be
+absent when the vote was taken. One of them was induced to vote right by
+the promise of an office for his brother; another was facing an election
+contest in the coming Congress where his own seat was claimed by a
+Republican opponent. The Democrat was promised favorable consideration
+by the Republicans before the testimony in the case was examined. The
+third was counsel for a railroad against whose interests a bill was
+about to be reported in the Senate, which bill was in the control of
+Charles Sumner. The bill would not be reported, or not reported soon, if
+the Congressman should be absent when the vote was taken. These
+arrangements, Riddle says, were negotiated by James M. Ashley, of Ohio,
+in whose hands the Republicans of the House had deposited their honor
+for the time being. If the three Democrats had voted in the negative,
+the result would have been 117 to 59, one less than the necessary two
+thirds. But that would only have delayed the adoption of the amendment
+till the next Congress.
+
+
+
+
+CHAPTER XV
+
+RECONSTRUCTION
+
+
+The next event of world-wide concern was the assassination of President
+Lincoln, which took place April 14, 1865. It does not come within the
+scope of this work, except as it finds expression or comment in the
+Trumbull papers. One such, found in a letter of Norman B. Judd, Minister
+to Prussia, dated Berlin, May 7, ought to be preserved.
+
+     At the present moment he [Lincoln] is deified in Europe.
+     History shows no similar outburst of grief and indignation.
+     Crowned heads and statesmen, parliaments and corporate bodies,
+     literary institutions and the people, all vie in pronouncing
+     the eulogy. The entire press of Europe has for the last ten
+     days been filled with nothing else. We have had a very
+     impressive and imposing funeral service. Kings,
+     Representatives, Ministers, and the Diplomatic Corps were
+     amongst the number present. The people assembled to three times
+     the capacity of the church. I told my colleagues to come
+     without uniform.--Something new under the sun at this Court of
+     Uniforms.
+
+When the work of Reconstruction began, two opposing ideas came in
+conflict with each other respecting the status of the seceding states.
+One was that the act of secession annihilated the State Governments and
+put the inhabitants and their belongings in the condition of newly
+acquired territories, subject in all things to the conquering power.
+This opinion was held by Charles Sumner and Thaddeus Stevens. The other
+view was that every act of secession was null and void; that state
+sovereignty was suspended but not extinguished in the Confederacy; and
+that when the rebellion was crushed, it became the duty of the General
+Government to recognize the loyal men in each state, as the rightful
+nucleus of sovereignty, to assist them to set the state Governments
+going again; in harmony, however, with accomplished facts, including the
+abolishment of slavery.
+
+The latter view had been adopted by President Lincoln in a proclamation
+issued simultaneously with his annual message to Congress December 8,
+1863. This proclamation declared that whenever the voters of any
+seceding state, not less in number than one tenth of those who had voted
+in the presidential election of 1860, should reëstablish a loyal State
+Government, it should be recognized as the true Government of the state.
+The qualifications of voters should be those existing in the state
+immediately before secession, "excluding all others," but it was
+provided that all previous proclamations of the President and all acts
+of Congress in reference to slavery should be held inviolable. It was
+explained that the question of admitting to seats in Congress any
+persons who might be elected by such states as members would rest with
+the respective houses exclusively. It was added that while this plan of
+Reconstruction was favored by the President he did not mean that no
+other would be acceptable.
+
+In pursuance of the proclamation an election was held in February, 1864,
+in that portion of Louisiana controlled by the Union army under command
+of General Banks, at which election 11,411 votes were cast--the whole
+vote of the state had usually been about 40,000. At this election,
+Michael Hahn had been chosen governor and he was inaugurated as such on
+the 4th of March, with impressive ceremonies, "in the presence of more
+than 50,000 people," as General Banks announced. Writing to Governor
+Hahn under date, March 13, 1864, Lincoln said:
+
+     Now you are about to have a convention which, among other
+     things, will probably define the elective franchise. I barely
+     suggest for your private consideration whether some of the
+     colored people may not be let in, as, for instance, the very
+     intelligent and especially those who have fought gallantly in
+     our ranks. They will probably help, in some trying time to
+     come, to keep the jewel of liberty in the family of freedom.
+     But this is only a suggestion, not to the public but to you
+     alone.
+
+A constitutional convention of Louisiana was elected March 28, 1864; it
+assembled April 6; adopted a free state constitution July 22, which was
+ratified by popular vote September 5. Under this constitution a
+legislature was elected by which two Senators were chosen to represent
+the state at Washington. Their credentials were referred to the
+Committee on the Judiciary, and on the 8th of January, 1865, Trumbull
+called at the White House to consult with Lincoln respecting their
+admission. One of the consequences of the interview was the unanimous
+agreement of the Judiciary Committee in favor of a joint resolution
+recognizing the Government of which Michael Hahn was the head. This
+resolution was reported by Trumbull on the 23d of February. Sumner
+objected to it because the constitution did not grant negro suffrage,
+and he avowed the intention of using all parliamentary means to defeat
+it. In this endeavor he had the coöperation of Senators Chandler and
+Wade and of most of the Democrats. The latter opposed the resolution
+because the constitution was not the work of the majority of the white
+people of the state. On the 24th, there was a debate of some bitterness
+between Sumner and Doolittle. The latter contended that the vote of
+Louisiana was needed to ratify the Thirteenth Amendment of the Federal
+Constitution. To this Sumner replied that the so-called state of
+Louisiana was a shadow, that no such state existed, and that its
+ratification would be worthless if obtained. In this contention he was
+sustained by Garrett Davis, of Kentucky.
+
+There were only seven working days remaining of the Thirty-eighth
+Congress, and Sumner managed to stave off the vote, although there was a
+large majority in favor of the resolution, as was shown by roll-calls on
+various motions. There was a sharp passage-at-arms between Trumbull and
+Sumner, which made a breach between them for a considerable time.
+
+On the 11th of April, five days before his assassination, Lincoln
+delivered a carefully prepared address from the balcony of the White
+House in response to a greeting of citizens who had assembled to welcome
+him on his return from Richmond after the surrender of that city. He
+embraced the occasion to call attention again to the question of
+Reconstruction which was now becoming momentous. He referred to the plan
+which he had recommended in his annual message of December, 1863, and
+said that it had received the approval of every member of his Cabinet
+(which then included Chase and Blair). It had not been objected to by
+any professed emancipationist until after the news reached Washington
+that the people of Louisiana were about to take action in accordance
+with it. Then the question had been raised whether the seceded states
+were in the Union or out of it. He did not consider that question a
+material one, but rather a pernicious abstraction, having only the
+mischievous effect of dividing loyal men. The question now uppermost was
+how to get the seceded states again into their proper practical
+relations with the Union. "Let us all join," he said, "in doing the
+acts necessary to restoring the proper practical relations between these
+states and the Union, and each forever after innocently indulge his own
+opinion whether, in doing the acts, he brought the states from without
+into the Union, or only gave them proper assistance, they never having
+been out." The question was not whether the Louisiana Government as
+reconstructed was quite all that was desirable, but whether it was wiser
+to take it and help to improve it, or to reject and disperse it.
+"Concede that the new Government of Louisiana is only, to what it should
+be, as the egg is to the fowl, we shall sooner have the fowl by hatching
+the egg than by smashing it." He concluded by saying that his remarks
+would apply generally to other states, but that there were peculiarities
+pertaining to each state, and important and sudden changes occurring in
+the same state, so that no exclusive and inflexible plan could safely be
+prescribed as to details. Therefore, he held himself free to make some
+new announcement to the people of the South when satisfied that such
+action would be proper.
+
+This was, in a political sense, his last will and testament. No other
+communication from him to his countrymen was more fraught with wisdom
+and patriotism. It received the prompt endorsement of William Lloyd
+Garrison, who defended it when attacked by Professor Newman, of London
+University.[76] Garrison held not only that Lincoln had no right to
+interfere with the voting laws of the states, but that it would be bad
+policy to do so; for if negro suffrage were imposed upon the South
+against the will of the people, then, "as soon as the State was
+organized and left to manage its own affairs, the white population, with
+their superior intelligence, wealth, and power, would unquestionably
+alter the franchise in accordance with their prejudices and exclude
+those thus summarily brought to the polls."
+
+Garrison saw further than Sumner, but nobody at the North then imagined
+the tremendous consequences that were to follow the upsetting of
+Lincoln's plan. If Trumbull's resolution had passed, it would have
+served as a precedent for all the seceding states, in which case most of
+the misery of the next fifteen years in the South, including the
+carpet-bag governments and the Ku-Klux-Klan, would have been avoided.
+
+President Johnson at first had been rather more radical than the
+majority of his party as to the measure of punishment to be visited upon
+the leaders of the rebellion. He had several times talked about "making
+treason odious," and had said that traitors should take back seats in
+the work of Reconstruction, and had used language which implied that
+some of the more prominent Confederates ought to be tried and executed
+for treason. He had a sharp difference with General Grant as to the
+inclusion of General Lee in that category, Grant insisting that no
+officer or soldier who had observed the terms of capitulation at
+Appomattox could be rightfully molested.[77]
+
+But this feeling of animosity on Johnson's part gradually passed away.
+In an authorized interview with George L. Stearns, October 3, 1865, on
+the subject of Reconstruction, and again in an interview with Frederick
+Douglass and others, February 7, 1866, on the suffrage question, he said
+nothing about making treason odious, but declared himself opposed to
+unrestricted negro suffrage because he believed it would lead to a war
+of races--a war between the non-slaveholding class (the poor whites) and
+the negroes. The former hated and despised the latter, and this feeling
+he thought would be intensified if the suffrage were granted to the
+negroes.
+
+"The query comes up," said Johnson in his colloquy with Douglass,
+"whether these two races, situated as they were before, without
+preparation, without time for the slightest improvement, whether the one
+should be turned loose upon the other, and be thrown together at the
+ballot-box with this enmity and hate existing between them. The question
+comes up right there, whether we don't commence a war of races. I think
+I understand this thing, and especially is this the case when you force
+it upon a people without their consent."
+
+Johnson had adopted not only Lincoln's plan of Reconstruction, but his
+Cabinet also. At its first meeting, April 16, the unfinished project for
+the establishment of civil government in Virginia, drafted by Secretary
+Stanton at Lincoln's instance, was presented but not acted on. At a
+subsequent meeting, May 8, it was considered and adopted, and was
+promulgated as an Executive Order on the following day. It recognized
+Francis M. Peirpoint, who had been nominal governor in Lincoln's time,
+as actual governor, and declared that in order to guarantee to the state
+of Virginia a republican form of government and to afford the advantage
+and security of domestic laws, and the full and complete restoration of
+peace, he would be aided by the Government of the United States in the
+measures he might take to accomplish those ends.
+
+A loyal State Government of considerable scope and solidity, formed by
+Johnson himself as military governor, already existed in Tennessee. This
+was now recognized by the President as an accomplished fact. W. G.
+Brownlow had been elected governor, and a legislature had been
+constituted, which had passed a franchise act that limited the voting
+privilege to whites and excluded rebels of a certain grade. The Lincoln
+State Government of Louisiana and a similar one in Arkansas were allowed
+to stand.
+
+On the 29th of May, the President issued an Executive Order appointing
+W. W. Holden provisional governor of North Carolina, and prescribing
+certain duties to be performed by him; among others that of calling a
+convention to be chosen by the loyal people of the state for the purpose
+of altering or amending the state constitution, and forming a government
+fit to be recognized and defended by the Government of the United
+States. Following the precedent made by Lincoln in the Louisiana case,
+the qualifications of voters at the election of delegates to the
+convention were fixed and declared to be those "prescribed by the
+constitution and laws of North Carolina in force immediately before the
+20th day of May, 1861, the date of the so-called ordinance of
+secession," excepting, however, certain classes of whites. Similar
+orders followed in rapid succession for reorganizing Mississippi,
+Georgia, Texas, Alabama, South Carolina, and Florida, the last one
+bearing date July 13, 1865. Before the form of the order was adopted, a
+vote had been taken in the Cabinet on the question whether negroes
+should be allowed to vote in the election of Delegates. Of the six
+members present, three had voted in the affirmative and three in the
+negative. Seward was not present, being still confined to his bed by the
+wounds inflicted on him the night when Lincoln was assassinated. The
+President then took the matter in his own hands, and at the next meeting
+of the Cabinet read the North Carolina order and none of the members
+offered any objection to it.
+
+Thus Reconstruction had been mapped out, so far as the executive branch
+of the Government was concerned, before the Thirty-ninth Congress
+assembled.
+
+Together with the order for Reconstruction in North Carolina, the
+President issued a proclamation of amnesty for all persons who had
+participated in the rebellion, excepting, however, certain specified
+classes of offenders. This proclamation bore the same date, and was
+published simultaneously with the North Carolina order; but the
+newspapers of the day, while commenting upon and generally approving,
+made little account of the fact that negroes were excluded from voting
+at the election for delegates. The New York _Tribune_ of May 30 merely
+said: "Of course no blacks can vote." The New York _Times_ made mention
+of the same fact.
+
+The New York _Evening Post_ of the same date, however, after pointing
+out that only white men and taxpayers could vote in the coming election
+in North Carolina, said:
+
+     Unless, in the process of the reorganization, we build upon the
+     principle laid down in the Declaration of Independence, that
+     all men are created free and equal, there is no assurance that
+     the different elements of which our social and political state
+     is composed will subsist in harmony and tranquil coöperation.
+     In that direction lies our way to political safety. If we
+     attempt to build upon any foundation of inequality between
+     races and castes, we shall find a condition of things
+     prevailing similar to that which has been the source of so many
+     calamities to Ireland.
+
+The first blast against Andrew Johnson was sounded by Wendell Phillips
+at the New England Anti-Slavery Convention, Boston, May 31, on a
+resolution offered by himself affirming that
+
+     The reconstruction of the rebel states without negro suffrage
+     is a practical surrender to the Confederacy and will make the
+     anti-slavery proclamation of the late President, and even the
+     expected amendment of the Constitution utterly inefficient for
+     the freedom and protection of the negro.
+
+This resolution was supported by Phillips in a spirit of blind fury.
+Every life and every dollar that had been spent by the North had been
+stolen, he contended, if this policy should prevail, and "there was but
+one way in which the people could still hold the helm of affairs, and
+that was by a repudiation of the entire war debt!" Such a party would
+have his voice and vote until God called him home. "Better, far better,
+would it have been for Grant to have surrendered to Lee, than for
+Johnson to have surrendered to North Carolina."
+
+The New York _Tribune_, June 2, took notice of Phillips, and, after
+adverting to his intemperate attacks on Salmon P. Chase and Abraham
+Lincoln in the past, turned to his "like delicate attentions" to Mr.
+Lincoln's successor.
+
+     President Johnson [it said] believes in, and favors, the
+     extension of the elective franchise to blacks, but since he
+     holds that no state has gone out, or could go out, of the
+     Union, he believes that the Southern state constitutions stand
+     as before, and that the right of suffrage stands as before
+     until legally changed. We do not insist [it continued] that
+     this is the true doctrine--we do not admit an _unqualified_
+     right in the enfranchised people of any state to do as they
+     will with the residue. Yet we insist that President Johnson's
+     view is one that a true man may honestly, conscientiously
+     hold--may hold it without being a hypocrite, a demagogue, or a
+     tool of the slave power. And we think few considerate persons
+     will deny that it is greatly desirable, _if_ the desired
+     reparation in the _status_ of the freedmen can be achieved
+     _through_ the several states rather than over them--that it
+     would be more stable, less grudging, more real, if thus
+     accomplished. In fact, we should prefer waiting a year or two,
+     or accepting a limited enfranchisement, to a full recognition
+     of the Equal Rights of Man by virtue only of a presidential
+     edict, or order from the War Department, or even an act of
+     Congress.
+
+The New York _Times_, June 21, concurred, saying:
+
+     It is an open question whether the Government should or should
+     not attempt to secure suffrage to the Southern blacks; the best
+     men may differ about it.
+
+It scored Wendell Phillips for advocating repudiation of the national
+debt as a cure for any other evil whatsoever.
+
+     When Mr. Phillips says that if the Government and the people do
+     not accept his doctrine, he will turn scoundrel and join a
+     party of scoundrels, he does his doctrine the very worst injury
+     possible.
+
+Meanwhile there was a witches' caldron boiling in the South. The
+Confederate States had been impoverished by the war. Their labor system
+had been overturned under circumstances and in a mode that no other
+people had ever experienced. The negroes knew nothing of the
+responsibilities of freedom. They could not understand the meaning of a
+contract. The ex-slaves, when hired for a specified time, might abandon
+their work the next day or the next week, and return the following day
+or week and run the risk of being flogged or shot, either for going away
+or for coming back. The ex-masters, knowing only one way of getting work
+out of the negro,--that of compulsion,--contended and believed that
+there was no other way, or none that would serve the purpose during
+_their_ lifetime; and since the crops of the present year could not wait
+for the milder teachings of education and reason, they adopted the only
+means that would secure immediate results. The planters, or the majority
+of them, were still further crippled by having no money to pay wages.
+All of their money had become filthy rags by the downfall of the
+Confederacy. The only alternative was hiring labor on shares. This was
+an embarrassment that the Northern men (carpet-baggers) who went to the
+South directly after the war did not suffer from. Some of these, tempted
+by the high price of cotton and the low price of land, hired or bought
+plantations, and they had the pick of the labor market because they
+could pay cash. Their example was a fresh irritation to the impecunious
+native planter, who, in losing the Confederacy, had lost everything
+except the clothes he stood in, which were much the worse for wear.
+
+If there was to be a crop of cotton, or of anything, in 1865, the
+laboring population must be kept in some kind of order. Work days must
+be continuous, and not alternative with hunting and fishing days and
+play days. The planters looked to their legislatures in this emergency,
+and the legislatures enacted laws as near to the old slave codes as the
+condition of emancipation would allow,--if not nearer. These enactments
+began to reach the North before the Thirty-ninth Congress assembled.
+They were accompanied by tales of cruelty and outrage committed upon the
+freedmen, and of disloyal utterances and threats on the part of the
+unreconciled whites, male and female, who had been deprived of every
+weapon except their tongues. Little account was made of the need of time
+in which to become reconciled to these changes and to acquire admiration
+for those who had brought them about.
+
+Among letters which reached Trumbull was one from Colonel J. W. Shaffer,
+of the Union Army, dated New Orleans, December 25, 1865, who gave the
+following account of what he had observed along the Gulf Coast:
+
+     I have been to Mobile, spent a week there, have traveled around
+     in this state, talked much with friend and enemy, and I
+     unhesitatingly say that our President has been going too fast.
+     I am told by all Union men that after the surrender of the
+     rebel armies the men returned perfectly quiet, came to Southern
+     and Northern Union men, saying, "We don't know what is expected
+     of us by the Government, but one thing is certain, we are tired
+     of war and desire above all things to return to the quiet
+     pursuits of life and try to mend our fortune as best we can,
+     and cultivate a friendly feeling with all parts of the country
+     once more; now tell us how to do this." Soon, however, to their
+     surprise they found that the control of everything was to be
+     again put in their hands, and at once they became insolent,
+     abused the Government openly, and openly declared that Union
+     men and Yankees must leave as soon as the military is
+     withdrawn. Had they been given to understand that the
+     Government was going to continue to govern and control, and
+     that Union men alone would be trusted with the management of
+     affairs, these people would have been entirely satisfied, glad
+     to escape with their lives, and would at once have adapted
+     themselves to circumstances. Now they are drunk with power,
+     ruling and abusing every loyal man, white and black.
+
+Per contra, Dr. C. H. Ray wrote, under date September 29, 1865, on the
+subject of Reconstruction:
+
+     What are our Republican papers thinking of when they make war
+     upon the President as they are now doing? I see that there is
+     hardly one to stand up in his defense, and that he will be
+     fought out of our ranks into the arms of the Democracy. I do
+     not see that he is so guilty as he is said to be, and for one I
+     cannot join the cry against him. What do his assailants
+     expect--to carry the country on the Massachusetts idea of negro
+     suffrage, female suffrage, confiscation, and hanging? If so,
+     they will drive all moderate men out of the party and the
+     remainder straight to perdition.
+
+Only five Northern States at this time allowed negroes to vote at
+elections, and one of these (New York) required a property qualification
+from blacks but not from whites. The state of Illinois had an unrepealed
+black code similar to that of Kentucky, and had added to it, as lately
+as 1853, a law for imprisoning any black or mulatto person brought into,
+or coming into, the state, for the purpose of residing there, whether
+free or otherwise. Some litigation for the enforcement of this act was
+begun in Cass County in 1863, while the Civil War was in progress.[78]
+
+FOOTNOTES:
+
+[76] _Life of Garrison_, by his sons, IV, 123.
+
+[77] Grant's testimony before the House Committee on the Judiciary, July
+18, 1867. McPherson, p. 303.
+
+[78] _Journal_ of the Illinois State Historical Society, vol. IV, no. 4.
+
+
+
+
+CHAPTER XVI
+
+ANDREW JOHNSON'S FIRST MESSAGE
+
+
+Said the New York _Times_, December 6, 1865:
+
+     Probably no executive document was ever awaited with greater
+     interest than the message transmitted to Congress yesterday. It
+     is safe to say that none ever gave greater satisfaction when
+     received. Its views on the most momentous subjects, domestic
+     and foreign, that ever concerned the nation, are full of
+     wisdom, and are conveyed with great force and dignity.
+
+The original manuscript of the message thus eulogized was discovered
+nearly half a century later by Professor Dunning, of Columbia
+University, in the handwriting of George Bancroft, among the Johnson
+papers in the Library of Congress.
+
+It remains a document creditable alike to the man who composed it and to
+the one who made it his own by sending it as an official communication
+to Congress. It breathed the spirit of peace and harmony, of justice
+tempered with mercy, of human kindness and helpfulness, of
+self-abnegation and self-restraint, all couched in the tone of high
+statesmanship. It adhered, however, to the opinion previously expressed
+by the President, that the Executive had no right to extend the suffrage
+to persons to whom it had not been granted by state authority.
+
+A discriminating yet warm eulogium of the message was pronounced by the
+New York _Nation_, which was then in the sixth month of its existence.
+It had criticized the President's Reconstruction acts as too hasty. Two
+or three months' time it considered too short to reconcile whites and
+blacks and teach them to respect each other's rights. Nevertheless,
+taken for all in all, the message was one which every American might
+read with pride.
+
+     We do not know [it continued] where to look in any other part
+     of the globe, for a statesman whom we could fix upon as likely
+     to seize the points of so great a question, and state them with
+     so much clearness and breadth, as this Tennessee tailor who was
+     toiling for his daily bread in the humblest of employments when
+     the chiefs of all other countries were reaping every advantage
+     which school, college, and social position could furnish. Those
+     who tremble over the future of democracy may well take heart
+     again when men like Lincoln and Johnson can at any great crisis
+     be drawn from the poorest ranks of society, and have the
+     destinies of the nation placed in their hands with the free
+     assurance that their very errors will be better and wiser than
+     the skill and wisdom of kings and nobles. For if the President
+     were to commit to-morrow every mistake or sin which his worst
+     enemies have ever feared, his plan of Reconstruction would
+     still remain the brightest example of humanity, self-restraint,
+     and sagacity ever witnessed--something to which the history of
+     no other country offers any approach, and which it is safe to
+     say none but a democratic society would be capable of carrying
+     out.
+
+The statesmanship of George Bancroft did not govern very long. The irony
+of fate decreed that within two months of the time when such words as
+the foregoing were uttered by the most competent critics in the land,
+the President of whom they were spoken should be in bitter strife with
+the majority of his own party, and within two years be facing trial by
+impeachment.
+
+Andrew Johnson was born of a fighting race and in a region of fighters.
+He shared the poverty and ignorance of the mountaineers of East
+Tennessee. Hard labor was his portion in youth and early manhood. He was
+a tailor by trade.[79] He could read, but could not write until he was
+married, when the latter accomplishment was imparted to him by his wife.
+With this kind of start he became, like Abraham Lincoln, and in much the
+same way and facing the same difficulties, a public speaker, and
+acquired by steady practice the faculty of making his meaning clear to
+the commonest understanding. When he found himself in the Senate of the
+United States, shortly before the outbreak of secession, he had few if
+any superiors as a debater in that body, and the Union had not a more
+unflinching defender, North or South. Alexander H. Stephens, a competent
+judge, considered Johnson's speech against secession the best one made
+in the Senate during the whole controversy. Secretary Seward, who
+accompanied him in his "swing around the circle" in 1866, said that he
+was then the best stump speaker in the country. Certainly the speech
+with which he began that tour at New York on the 29th of August was a
+great one. It fills five pages of McPherson's "History of
+Reconstruction." It was extemporaneous, but faultless in manner and
+matter; it was charged with the spirit of patriotism, and it will bear
+comparison with anything in the annals of American polemics. If he had
+made no other speech in that campaign the results might have been far
+different, and the Union party which elected him might have avoided the
+breach which soon became remediless.
+
+The first blow leading to this breach was struck by Sumner in the
+Senate, December 19, 1865, when he referred to a message of the
+President, of the previous day, on the condition of the South, as a
+"whitewashing message" akin to that of President Pierce on the affairs
+of Kansas. When Reverdy Johnson deprecated such an assault on the
+President of the United States, Sumner replied that it was "no assault
+at all," but after two other Senators (Doolittle and Dixon) had said
+that it was the same as accusing the President of falsifying, he replied
+that he did not so intend it, but he did not withdraw or modify it.
+
+Certain acts of Southern legislatures on the subjects of apprenticeship,
+vagrancy, domicile, wages, patrols, idleness, disobedience of orders,
+and violation of contracts on the part of laborers were early brought to
+the attention of the Thirty-ninth Congress. Many of these acts betokened
+an intention on the part of the lawmakers to reduce the freedmen to a
+state of serfdom or peonage. The Virginia legislature, for example,
+passed a vagrancy act, the ultimate effect of which, Major-General Terry
+said, would be to "reduce the freedmen to a condition of servitude worse
+than that from which they had been emancipated--a condition which will
+be slavery in all but its name." Whereupon the general, being in command
+of the military department, issued an order dated January 26, 1866, that
+"no magistrate, civil officer, or other person, shall, in any way or
+manner, apply or attempt to apply, the provisions of said statute to any
+colored person in this department." President Johnson refused to
+interfere with General Terry's order when it was brought to his
+attention.
+
+On the 13th of December, Senator Wilson, of Massachusetts, introduced a
+bill to declare invalid all acts, ordinances, rules, and regulations in
+the states lately in insurrection, in which any inequality of civil
+rights was established between persons on account of color, race, or
+previous condition of servitude. The Natick cobbler was as keen and
+fluent a debater as the Knoxville tailor. He had a Yankee drawl in his
+pronunciation which detracted from the real merits of his argument, and
+so it came to pass that, contrary to the usual fate of extempore
+speaking, his speeches read better than they sounded. His speech in
+support of his measure on the 21st of December was in his best style. It
+was devoid of passion or invective. He cherished no ill-feeling toward
+any person, high or low, who had been engaged in the rebellion. He did
+not seek or desire to punish anybody. Least of all did he desire to
+raise an issue with the President. He wanted only peace, order,
+friendship, and brotherhood between North and South, as soon as
+possible; but there could be no peace with these statutes staring us in
+the face. Therefore, he demanded that they be swept into oblivion with
+the slave codes that had preceded them.
+
+Wilson desired an immediate vote on his bill. Senator Sherman thought
+that it ought to be referred to a committee and postponed until the
+anti-slavery amendment of the Constitution should be officially
+proclaimed. Trumbull concurred with Sherman. He said:
+
+     I do not rise, sir, with a view of discussing the bill under
+     consideration: it is one relating to questions of a very grave
+     character, and ought not to pass without due consideration. The
+     Senator from Massachusetts tells us that it has been submitted
+     to distinguished lawyers, and they all conceded its propriety,
+     and nobody disputes the power of Congress to pass it. Doubtless
+     that was their opinion and is the opinion of the Senator from
+     Massachusetts. Perhaps it would be my opinion upon
+     investigation. I will not undertake to say, at this time, what
+     the powers of the Congress of the United States may be over the
+     people in the lately rebellious states.
+
+     There was a time between the suppression of the rebellion and
+     the institution of any kind of government in those states when
+     it was absolutely necessary that some power or other to prevent
+     anarchy should have control. The Senator from Delaware, and I
+     believe the Senator from Maryland, said the rebellion was over,
+     but at the time that the rebellion ceased there was no
+     organized government whatever in most of the rebel states; and
+     was the Government of the United States to withdraw its forces
+     and leave the people in a state of anarchy for the time being?
+     Surely not. As a consequence of the rebellion and of the
+     authority clearly vested in the Government of the United States
+     to put down the rebellion, in my judgment the Government had
+     the right, in the absence of any local governments, to control
+     and govern the people till state organizations could be set up
+     by the people which should be recognized by the Federal
+     Government as loyal and true to the Constitution. It must be
+     so. It is a necessity of the condition of things.
+
+     But, sir, I do not propose at this time to discuss this bill.
+     It is one, I think, of too much importance to be passed without
+     a reference to some committee. The bill does not go far enough,
+     if what we have been told to-day in regard to the treatment of
+     freedmen in the Southern States is true. The bill, perhaps,
+     also may be premature in the sense stated by the Senator from
+     Ohio. We have not yet the official information of the adoption
+     of the constitutional amendment. That that amendment will be
+     adopted, there is very little question; until it is adopted
+     there may be some question (I do not say how the right is) as
+     to the authority of Congress to pass such a bill as this, but
+     after the adoption of the constitutional amendment there can be
+     none.
+
+     The second clause of that amendment was inserted for some
+     purpose, and I would like to know of the Senator from Delaware
+     for what purpose? Sir, for the purpose, and none other, of
+     preventing state legislatures from enslaving, under any
+     pretense, those whom the first clause declared should be free.
+     It was inserted expressly for the purpose of conferring upon
+     Congress authority by appropriate legislation to carry the
+     first section into effect. What is the first section? It
+     declares that throughout the United States and all places
+     within their jurisdiction neither slavery nor involuntary
+     servitude shall exist; and then the second section declares
+     that Congress shall have authority by appropriate legislation
+     to carry this provision into effect. What that "appropriate
+     legislation" is, is for Congress to determine, and nobody else.
+
+Mr. Saulsbury here interrupted, saying, "I wish to ask the honorable
+Senator a question, with his consent, first answering his own. He asks
+me for what purpose that second section was introduced. I do not know; I
+had nothing to do with it. And now I wish to ask the honorable Senator
+whether, when it was before this body for adoption, he avowed in his
+advocacy of it that it was meant for such purposes as are now claimed."
+
+Then the following colloquy ensued:
+
+     MR. TRUMBULL. I never understood it in any other way.
+
+     MR. SAULSBURY. Did you state it to the Senate?
+
+     MR. TRUMBULL. I do not know that I stated it to the Senate. I
+     might as well have stated to the Senator from Delaware that the
+     clause which declared that Slavery should not exist anywhere
+     within the United States means that slavery should not exist
+     within the United States! I could make it no plainer by
+     repetition or illustration than the statement itself makes it.
+     I reported from the Judiciary Committee the second section of
+     the constitutional amendment for the very purpose of conferring
+     upon Congress authority to see that the first section was
+     carried out in good faith, and for none other; and I hold that
+     under that second section Congress will have the authority,
+     when the constitutional amendment is adopted, not only to pass
+     the bill of the Senator from Massachusetts, but a bill that
+     will be much more efficient to protect the freedman in his
+     rights. We may, if deemed advisable, continue the Freedmen's
+     Bureau, clothe it with additional powers, and if necessary back
+     it up with a military force, to see that the rights of the men
+     made free by the first clause of the constitutional amendment
+     are protected. And, sir, when the constitutional amendment
+     shall have been adopted, if the information from the South be
+     that the men whose liberties are secured by it are deprived of
+     the privilege to go and come when they please, to buy and sell
+     when they please, to make contracts and enforce contracts, I
+     give notice that, if no one else does, I shall introduce a bill
+     and urge its passage through Congress that will secure to those
+     men every one of these rights: they would not be freemen
+     without them. It is idle to say that a man is free who cannot
+     go and come at pleasure, who cannot buy and sell, who cannot
+     enforce his rights. These are rights which the first clause of
+     the constitutional amendment meant to secure to all; and to
+     prevent the very cavil which the Senator from Delaware suggests
+     to-day, that Congress would not have power to secure them, the
+     second section of the amendment was added.
+
+     There were some persons who thought it was unnecessary to add
+     the second clause. It was said by some that wherever a power
+     was conferred upon Congress there was also conferred authority
+     to pass the necessary laws to carry that power into effect,
+     under the general clause in the Constitution of the United
+     States which declares that Congress shall have authority to
+     pass all laws necessary and proper for carrying into execution
+     any of the powers conferred by the Constitution. I think
+     Congress would have had the power, even without the second
+     clause, to pass all laws necessary to give effect to the
+     provision making all persons free; but it was intended to put
+     it beyond cavil and dispute, and that was the object of the
+     second clause, and I cannot conceive how any other construction
+     can be put upon it.
+
+     Now, sir, I trust that this bill may be referred, because I
+     think that a bill of this character should not pass without
+     deliberate consideration and without going to some of the
+     committees of the Senate. But the object which is had in view
+     by this bill I heartily sympathize with, and when the
+     constitutional amendment is adopted I trust we may pass a bill,
+     if the action of the people in the Southern States should make
+     it necessary, that will be much more sweeping and efficient
+     than the bill under consideration. I will not sit down,
+     however, without expressing the hope that no such legislation
+     may be necessary. I trust that the people of the South, who in
+     their state constitutions have declared that slavery shall no
+     more exist among them, will by their own legislation make that
+     provision effective. I trust there may be a feeling among them
+     in harmony with the feeling throughout the country, and which
+     shall not only abolish slavery in name, but in fact, and that
+     the legislation of the slave states in after years may be as
+     effective to elevate, enlighten, and improve the African as it
+     has been in past years to enslave and degrade him.[80]
+
+On the 18th of December the adoption of the anti-slavery amendment was
+officially announced. On the same day the President sent to the Senate
+two reports on the condition of affairs, and the state of opinion, in
+the South,--a very brief one from Lieutenant-General Grant and a much
+longer one from Major-General Carl Schurz. The former was an incidental
+result of a three weeks' tour of inspection for military purposes.
+
+General Grant had spent one day in Raleigh, North Carolina, two days in
+Charleston, South Carolina, and one day each in Savannah and Augusta,
+Georgia. The substance of his report was that he did not think it
+practicable to withdraw the military at present; that the citizens of
+the Southern States were anxious to return to self-government within the
+Union as soon as possible; that they were in earnest in wishing to do
+what they supposed was required of them by the Government and not
+humiliating to them as citizens.
+
+     I am satisfied [he said] that the mass of thinking men of the
+     South accept the present situation of affairs in good faith.
+     The questions which have heretofore divided the sentiment of
+     the people of the two sections--slavery and state rights, or
+     the right of a state to secede from the Union--they regard as
+     having been settled forever by the highest tribunal--arms--that
+     man can resort to. I was pleased to learn from the leading men
+     whom I met that they not only accepted the decision arrived at
+     as final, but, now that the smoke of battle has cleared away
+     and time has been given for reflection, that this decision has
+     been a fortunate one for the whole country, they receiving like
+     benefits from it with those who opposed them in the field and
+     in council.
+
+He alluded to a belief widely spread among the freedmen that the lands
+of their former owners were to be divided, in part at least, among them
+and that this belief was seriously interfering with their willingness to
+make labor contracts for the ensuing year. Then he added:
+
+     In some instances, I am sorry to say, the freedman's mind does
+     not seem to be disabused of the idea that a freedman has the
+     right to live without care or provision for the future. The
+     effect of the belief in the division of lands is idleness and
+     accumulation in camps, towns, and cities. In such cases, I
+     think, it will be found that vice and disease will tend to the
+     extermination or great reduction of the colored race. It cannot
+     be expected that the opinions held by men at the South for
+     years can be changed in a day; and, therefore, the freedmen
+     require for a few years not only laws to protect them, but the
+     fostering care of those who will give them good counsel and on
+     whom they can rely.
+
+General Schurz's investigation had been made at the special request of
+the President. He had spent three months in South Carolina, Georgia,
+Alabama, Mississippi, and Louisiana. The President, when appointing him,
+had said that his own policy of Reconstruction was merely experimental
+and subject to change if it did not lead to satisfactory results. Schurz
+says in his "Reminiscences?"[81] that when he returned to Washington
+from his journey he had much difficulty in procuring an interview with
+the President; that the latter received him coldly and did not ask him
+for the results of his investigation; and that when he (Schurz) said
+that he intended to write a report, the President said that he need not
+take that trouble on his account. Schurz was convinced that the
+President wished to suppress his testimony and he resolved that he
+should not do so. He accordingly wrote the report and sent it in, with
+the accompanying documents, and let his friends in the Senate know that
+he had done so. On the 12th of December the Senate, on Sumner's motion,
+called for the report. The President did not respond immediately. In the
+mean time he had had a conversation with General Grant whose views were
+for the most part in accord with his own, and he asked the latter to
+communicate the information he had gained during his Southern tour in
+order to make it a part of his reply to the Senate Resolution. The reply
+occupies only one page and a half of McPherson's "Reconstruction."
+Schurz's consists of forty-four printed pages of text and fifty-eight
+pages of appendix; Schurz considered this the best paper he had ever
+written on a public matter, and there can be no doubt that it had great
+influence in Congress and on the Republican party. Yet the brief report
+of Grant was the sounder of the two. Indeed, Schurz himself in his later
+years had doubts as to the validity of his own conclusions.[82]
+
+Schurz's conclusions may be summarized thus:
+
+     If nothing were necessary but to restore the machinery of
+     government in the states lately in rebellion in point of form,
+     the movements made to that end by the people of the South might
+     be considered satisfactory. But if it is required that the
+     Southern people should also accommodate themselves to the
+     result of the war in point of spirit, those movements fall far
+     short of what must be insisted upon....
+
+     The emancipation of the slaves is submitted to only in so far
+     as chattel slavery in the old form could not be kept up. But
+     although the freedman is no longer considered the property of
+     the individual master, he is considered the slave of society,
+     and all independent state legislation will share the tendency
+     to make him such. The ordinances abolishing slavery, passed by
+     the conventions under pressure of circumstances, will not be
+     looked upon as barring the establishment of a new form of
+     servitude.
+
+     Practical attempts on the part of the Southern people to
+     deprive the negro of his rights as a freeman may result in
+     bloody collisions, and will certainly plunge Southern society
+     into restless fluctuations and anarchical confusion. Such evils
+     can be prevented only by continuing the control of the National
+     Government in the states lately in rebellion until free labor
+     is fully developed and firmly established, and the advantages
+     and blessings of the new order of things have disclosed
+     themselves. This desirable result will be hastened by a firm
+     declaration, on the part of the Government, that national
+     control in the South will not cease until such results are
+     secured....
+
+     The solution of the problem would be very much facilitated by
+     enabling all the loyal and free-labor elements in the South to
+     exercise a healthy influence upon legislation. It will hardly
+     be possible to secure the freedman against oppressive class
+     legislation and private persecution, unless he be endowed with
+     a certain measure of political power.
+
+It is fitting to notice here a letter written by Hon. J. L. M. Curry, of
+Alabama, to Senator Doolittle and read by him in the Senate on April 6,
+1866.
+
+     I was [said Mr. Curry] a secessionist, for a while a member of
+     the Confederate Congress, and afterward in the army, on the
+     staff of generals, or in command of a regiment. It would be
+     merest affectation to pretend that I was not somewhat prominent
+     as a secessionist.... Having laid the predicate for my
+     competency, I desire to aver, as a gentleman, and a Christian,
+     I hope, that with large personal intercourse with the people
+     and those who are suspected of rebel intentions, I never heard
+     (of course, since the surrender) of any conspiracy or movement
+     or society or purpose, secret or public, present or
+     prospective, to overthrow the United States Government, to
+     resist its authority, to _reënslave the negroes_, or in any
+     manner to disturb the relations that now exist between the
+     Southern States as constituent elements of the Federal
+     Government and that Government, until I read of such intentions
+     recently in Northern newspapers. With perfect certainty as to
+     the truth of my affirmation, I can state that there is not a
+     sane or sober man in Alabama who believes or expects that
+     African slavery will be reëstablished. As unalterable facts,
+     the people accept the abolition of slavery, the extinction of
+     the right of secession, and the supremacy of the Federal
+     Government. It is as idle, a thousand times more so, to speak
+     of another contemplated resistance to Federal authority as to
+     anticipate the overthrow of the British Government by the
+     Fenians.[83]
+
+Mr. Curry's words were true, but at the time when they were written the
+weight of testimony available at Washington and in the North generally
+was of a contrary sort, and Mr. Curry counted for no more at the
+national capital than any other disarmed secessionist. At a later period
+he became known to the North as one of the great benefactors of his time
+and country, especially noted for his labors in educating and upbuilding
+both races in the Southern States.[84]
+
+FOOTNOTES:
+
+[79] "For a man who had 'come from the people,' as he was fond of
+saying, and whose heart was always with the poor and distressed, Andrew
+Johnson was one of the neatest men in his dress and person I have ever
+known. During his three years in Nashville, in particular, he dressed in
+black broadcloth frock-coat and waistcoat and black doeskin trousers,
+and wore a silk hat. This had been his attire for thirty years, and for
+most of that time, whether as governor of Tennessee, member of Congress,
+or United States Senator, he had made all of his own clothes." (Benjamin
+C. Truman, Secretary to Andrew Johnson, in _Century Magazine_, January,
+1913.)
+
+[80] _Cong. Globe_, 1865-66, I, 42, 43.
+
+[81] Vol. III, p. 202.
+
+[82] "It gives me some satisfaction now to say that none of those
+statements of fact have ever been effectually controverted. I cannot
+speak with the same assurance of my conclusions and recommendations, for
+they were matters not of knowledge but of judgment. And we stood at that
+time face to face with a situation bristling with problems so
+complicated and puzzling that every proposed solution based upon
+assumptions ever so just, and supported by reasoning apparently ever so
+logical, was liable to turn out in practice apparently more mischievous
+than any other. In a great measure this has actually come to pass.... I
+am far from saying that somebody else might not have performed the task
+much better than I did. But I do think that this report is the best
+paper I have ever written on a public matter. The weakest part of it is
+that referring to negro suffrage--not as if the argument, as far as it
+goes, were wrong, but as it leaves out of consideration several aspects
+of the matter, the great importance of which has since become apparent."
+(_Reminiscences_, III, 204, 209.)
+
+[83] _Cong. Globe_, 1865-66, p. 1808.
+
+[84] See _Biography of J. L. M. Curry_, by Alderman and Gordon, New
+York, 1911.
+
+
+
+
+CHAPTER XVII
+
+THE FREEDMEN'S BUREAU AND CIVIL RIGHTS BILLS
+
+
+On January 5, 1866, Trumbull introduced two measures which engrossed
+public attention during the next three months and enlarged the parting
+of the ways between Congress and the President. These were the
+Freedmen's Bureau Bill and the Civil Rights Bill. The former was a
+measure to continue in force and amend an act of Congress already in
+operation, but which would expire by limitation one year after the end
+of the war, and which had been passed to provide for needy and homeless
+whites, as well as blacks. It embraced also the temporary disposition of
+abandoned lands. Under its operation General Sherman had assigned some
+thousands of acres of abandoned land to freedmen for the purpose of
+giving them employment and enabling them to earn their own living, and
+they were in actual possession. Of course, the title to such lands would
+revert to the former owners, whenever military rule should come to an
+end. The Freedmen's Bureau Bill provided that in places where the
+ordinary course of judicial proceedings had been interrupted by the
+rebellion, and where any of the civil rights enjoyed by white persons
+were denied to other persons by reason of race, color, or previous
+condition of servitude, the latter should be under military protection
+and jurisdiction, which should be exercised by the Commissioner of the
+Freedmen's Bureau under orders of the President of the United States,
+and that any person, who, under color of any state or local law or
+custom, should infringe such rights, should be punished by fine or
+imprisonment or both. The courts authorized to hear and decide such
+cases were to consist of the officers and agents of the Bureau, without
+jury trial and without appeal; but this jurisdiction should not exist in
+any state after it should have been restored to its constitutional
+relations to the Union.
+
+The last-mentioned feature of the bill brought up the question whether
+Congress had power under the Constitution in time of peace to pass laws
+for the ordinary administration of justice in the states. Senator
+Hendricks, of Indiana, had doubts on that point. In a debate on the 19th
+of January, 1866, he said:
+
+     My judgment is that under the second section of the
+     [thirteenth] constitutional amendment we may pass such a law as
+     will secure the freedom declared in the first section, but that
+     we cannot go beyond that limitation.[85]
+
+To this Trumbull replied:
+
+     If the construction put by the Senator from Indiana upon the
+     amendment be the true one, and we have merely taken from the
+     master the power to control the slave and left him at the mercy
+     of the state to be deprived of his civil rights, the trumpet of
+     freedom that we have been blowing throughout the land has given
+     an uncertain sound, and the promised freedom is a delusion.
+     Such was not the intention of Congress, which proposed the
+     Constitutional amendment itself. With the destruction of
+     slavery necessarily follows the destruction of the incidents of
+     slavery. When slavery was abolished slave codes in its support
+     were abolished also.
+
+     Those laws that prevented the colored man going from home, that
+     did not allow him to buy or to sell, or to make contracts; that
+     did not allow him to own property; that did not allow him to
+     enforce rights; that did not allow him to be educated, were all
+     badges of servitude made in the interest of slavery and as a
+     part of slavery. They never would have been thought of or
+     enacted anywhere but for slavery, and when slavery falls they
+     fall also. The policy of the States where slavery has existed
+     has been to legislate in its interest; and out of deference to
+     slavery, which was tolerated by the Constitution of the United
+     States, even some of the non-slaveholding states passed laws
+     abridging the rights of the colored man which were restraints
+     upon liberty. When slavery goes, all this system of
+     legislation, devised in the interest of slavery and for the
+     purpose of degrading the colored race, of keeping the negro in
+     ignorance, of blotting out from his very soul the light of
+     reason, if that were possible, that he might not think, but
+     know only, like the ox, to labor, goes with it.
+
+     Now, when slavery no longer exists, the policy of the
+     Government is to legislate in the interest of freedom. Now, our
+     laws are to be enacted with a view to educate, improve,
+     enlighten, and Christianize the negro; to make him an
+     independent man; to teach him to think and to reason; to
+     improve that principle which the Great Author of all has
+     implanted in every human breast, which is susceptible of the
+     highest cultivation, and destined to go on enlarging and
+     expanding through the endless ages of eternity.
+
+       *       *       *       *       *
+
+     If in order to prevent slavery Congress deem it necessary to
+     declare null and void all laws which will not permit the
+     colored man to contract, which will not permit him to testify,
+     which will not permit him to buy and sell, and to go where he
+     pleases, it has the power to do so, and not only the power, but
+     it becomes its duty to do so. That is what is provided to be
+     done by this bill. Its provisions are temporary; but there is
+     another bill on your table, somewhat akin to this, which is
+     intended to be permanent, to extend to all parts of the
+     country, and to protect persons of all races in equal civil
+     rights.
+
+       *       *       *       *       *
+
+     I hope that the people of the rebellious states themselves will
+     conform to the existing condition of things. I do not expect
+     them to change all their opinions and prejudices. I do not
+     expect them to rejoice that they have been discomfited. But
+     they acknowledge that the war is over; they agree that they can
+     no longer contend in arms against the Government; they say they
+     are willing to submit to its authority; they say in their state
+     conventions that slavery shall no more exist among them. With
+     the abolition of slavery should go all the badges of servitude
+     which have been enacted for its maintenance and support. Let
+     them all be abolished. Let the people of the rebellious states
+     now be as zealous and as active in the passage of laws and the
+     inauguration of measures to elevate, develop, and improve the
+     negro, as they have hitherto been to enslave and degrade him.
+     Let them do justice and deal fairly with loyal Union men in
+     their midst, and henceforth be themselves loyal, and this
+     Congress will not have adjourned till the states whose
+     inhabitants have been engaged in the rebellion will be restored
+     to their former position in the Union, and we shall all be
+     moving on in harmony together.[86]
+
+In short, Trumbull held that it was for Congress to decide what rights
+might be established and enforced by federal law, in addition to that of
+emancipation. That this was to be a troublesome question was shown a
+little later by a colloquy between Trumbull and Henderson. The latter
+was of the opinion that the only sure way to protect the freedmen was to
+give them the right to vote. Trumbull thought that, for the present
+purpose of providing them with food, clothing, and shelter, Dr.
+Townsend's Sarsaparilla or any other patent medicine, would be as
+effectual as the right of suffrage.[87] Sumner, a little later, thought
+that the right to serve on juries and to hold office was among the
+essential securities of freedom, and Thaddeus Stevens thought that
+land-ownership also was necessary. What could be done under the second
+clause of the Thirteenth Amendment was the question, either expressed or
+implied, underlying the whole controversy on Reconstruction during the
+next ten years.
+
+It was commonly believed that the President would approve the Freedmen's
+Bureau Bill; hence, when a veto message came, on the 19th of February,
+it was received with consternation by the Republicans in Congress. He
+held that the bill was both unconstitutional and inexpedient. It had
+been passed in the Senate by yeas 37, nays 10, every Republican voting
+for it and every Democrat against it. There were three absentees when
+the vote was taken: Cowan and Willey, Republicans, and Nesmith,
+Democrat. There was ample margin here for passing the bill over the
+veto, if the Republicans could hold together, but when the second vote
+was taken, February 20, the yeas were 30, and the nays 18, not two
+thirds. So the bill failed. Eight Republicans, Cowan, Dixon, Doolittle,
+Morgan, Norton, Stewart, Van Winkle, and Willey, had sided with the
+President. There were two absentees: Foot (Rep.), of Vermont, and Wright
+(Dem.), of New Jersey, both sick.
+
+The question of negro suffrage had not yet become acute in public
+discussions. The state of public opinion in the North was fairly set
+forth by Dr. C. H. Ray in a private letter to Trumbull dated Chicago,
+February 7, thus:
+
+     If he [Johnson] will agree to your bill giving the freedmen the
+     civil rights that the whites enjoy, and if he halts at that,
+     and war is made on him because he will not go to the extent of
+     negro suffrage, he will beat all who assail him. The party may
+     be split, the Government may go out of Republican hands; but
+     Andy Johnson will be cock-of-the-walk. The people, so far as I
+     understand, are of the opinion that the war for the Union is
+     over.... And as for the negro, they think that when he has the
+     rights which your bill will give him, he must be contented to
+     look upon the elective franchise as a something to be earned by
+     giving evidence of his fitness therefor.
+
+The excitement caused by the veto of the Freedmen's Bureau Bill was
+still further intensified by a struggle on a side issue, in which
+Trumbull took the leading part, and which involved the seat of the
+Democratic Senator Stockton, of New Jersey. He had been chosen by the
+Legislature of his state in joint meeting on March 15, 1865. The
+Democrats had a majority of five in the legislature, but had been
+unable, at first, to agree upon a candidate. Accordingly, the joint
+meeting, by a vote of 41 to 40, adopted a rule that any person receiving
+a plurality of the votes cast for Senator should be declared elected. In
+pursuance of this rule, a vote was taken by roll-call and John P.
+Stockton received 40 votes, John C. Ten Eyck received 37 votes, and
+there were 4 scattering, the total number being 81. Stockton was
+accordingly declared elected without objection, and the joint meeting
+adjourned _sine die_.
+
+When Congress assembled in December, Stockton's certificate of election,
+in due form, was presented and he was sworn in. A protest, however, had
+been signed by all the Republican members of the New Jersey legislature
+and this was presented by Senator Cowan by request. It affirmed that
+Stockton had not received the votes of a majority of the members, as
+required by a law of the state. The protest and credentials were
+referred to the Committee on the Judiciary, which consisted of five
+Republicans (Trumbull, Harris, Clark, Poland, and Stewart) and one
+Democrat (Hendricks).
+
+Trumbull, in behalf of the committee, reported that Stockton was duly
+elected and entitled to the seat. All the members concurred except
+Clark, of New Hampshire. Regarding the law of the state, which required
+a majority to elect, the report said that the state constitution
+denominated and recognized the two houses, either in joint session, or
+separately, as "The Legislature"; that the legislature, in either
+capacity, had the right to make its own rules; and that since a majority
+had voted for the plurality rule the subsequent action taken in
+pursuance of it was the act of the majority. There was room for an
+honest difference of opinion, since the enactment of a law required
+action by the two houses separately and a submission of the same to the
+governor. On this point, however, Trumbull quoted from "Story on the
+Constitution" to the effect that, since the governor had nothing to do
+with the choice of Senators, he was eliminated from consideration in any
+and all steps leading thereto.
+
+It happened at this time that one Republican Senator, Foot, of Vermont,
+and one Democrat, Wright, of New Jersey, were absent by reason of
+serious illness. Wright had gone to his home in Newark for treatment,
+but, before going, had paired with Morrill, of Maine, on the question of
+his colleague's contested election. When the debate was drawing to a
+close, severe pressure was put upon Morrill by his radical friends in
+the Senate to declare his pair off, and to vote against Stockton. When
+the vote was taken, on concurring in the report of the Judiciary
+Committee, the yeas were 21 and the nays 20. Stockton himself had not
+voted. Twelve of the affirmative votes were Republicans. Before the
+result was announced, Senator Morrill, who had withheld his vote, asked
+the Secretary to call his name, and then voted in the negative, making a
+tie. Then Senator Stockton said that Morrill had been paired with his
+colleague on this question, and that Wright had told him before he went
+away that he would not go home at all without first obtaining a pair on
+this question. Under such circumstances he (Stockton) felt at liberty to
+vote in his own behalf. So he directed the Secretary to call his name
+and he voted in the affirmative. Morrill admitted that the pair had been
+made, but said that when it was made he had not contemplated that it
+would run so long (seven weeks), and that he therefore felt at liberty
+to vote. He added, with apparent satisfaction, that his vote did not
+change the result. This was true, but Stockton's vote did change it to
+his own disadvantage.
+
+The result was announced; yeas 22, nays 21. If Stockton had not voted,
+the result would have been a tie, and he would have held his seat. His
+opponents had exhausted their resources and there was no parliamentary
+way of trying the case over again. By casting a vote in his own case he
+gave them a weapon with which to renew the fight.
+
+When the Senate reassembled, Sumner moved that the journal be corrected
+by striking out Stockton's name from the vote last taken, on the ground
+that he had no right to vote in his own case. The subject was thus
+brought up again, and the result was a reconsideration of the vote of
+the previous day. Trumbull concurred in the view that the question
+before the Senate was judicial in its nature and that, therefore,
+Stockton could not vote when his own seat was in question.
+
+On the last day of the debate a telegram was received from Senator
+Wright requesting a postponement of the vote till the following day,
+saying that he would then be in his seat or would not ask further delay.
+His request was supported by Reverdy Johnson in a pathetic appeal to the
+fraternal feeling and gentlemanly instincts of Senators; but Clark, who
+led the opposition, objected strenuously to any postponement, although
+two postponements had been previously granted on account of his own
+illness.
+
+On the motion to postpone till the following day the vote was, yeas 21,
+nays 22. Senator Dixon, a Republican supporter of Stockton, had fallen
+sick and was absent. Senator Stewart, another Republican supporter, was
+absent when the vote was taken, although he had been in the Senate
+Chamber earlier in the day; he had dodged. All the members of the
+Judiciary Committee, who had signed the original report in favor of
+Stockton, voted for him to the last, except Stewart. If he and Dixon had
+been present, the final vote would have been postponed, and in all
+probability Stockton would have retained his seat, although Morgan, of
+New York, who had voted for postponement, changed on the very last vote,
+which was against Stockton, 20 to 23.
+
+An impartial reader of the whole debate, in the calm atmosphere of the
+present day, will be apt to conclude that partisan zeal rather than
+judicial fairness was the deciding factor in Stockton's case, and that
+the heat developed in the contest was due to a desire on the part of the
+majority to gain a two-thirds vote in order to overcome the President's
+vetoes.
+
+       *       *       *       *       *
+
+Consideration of the Civil Rights Bill began on the 29th of January, on
+an amendment proposed by Trumbull which provided that all persons of
+African descent born in the United States should be citizens thereof,
+and there should be no discrimination in civil rights or immunities
+among the inhabitants of any state or territory on account of race,
+color, or previous condition of slavery. The question was not merely
+whether this provision was just, but whether Congress had power under
+the Constitution to pass laws for the ordinary administration of justice
+in the states. On this point Trumbull said:
+
+     Under the constitutional amendment which we have now adopted,
+     and which declares that slavery shall no longer exist, and
+     which authorizes Congress by appropriate legislation to carry
+     this provision into effect, I hold that we have a right to pass
+     any law which, in our judgment, is deemed appropriate, and
+     which will accomplish the end in view, secure freedom to all
+     people in the United States. The various state laws to which I
+     have referred,--and there are many others,--although they do
+     not make a man an absolute slave, yet deprive him of the rights
+     of a freeman; and it is perhaps difficult to draw the precise
+     line, to say where freedom ceases and slavery begins, but a law
+     that does not allow a colored person to go from one county to
+     another is certainly a law in derogation of the rights of a
+     freeman. A law that does not allow a colored person to hold
+     property, does not allow him to teach, does not allow him to
+     preach, is certainly a law in violation of the rights of a
+     freeman, and being so may properly be declared void.
+
+     Without going elaborately into this question, as my design was
+     to state rather than to argue the grounds upon which I place
+     this bill, I will only add on this branch of the subject that
+     the clause of the Constitution, under which we are called to
+     act, in my judgment vests Congress with the discretion of
+     selecting that "appropriate legislation" which it is believed
+     will best accomplish the end and prevent slavery.
+
+     Then, sir, the only question is, will this bill be effective to
+     accomplish the object, for the first section will amount to
+     nothing more than the declaration in the Constitution itself
+     unless we have the machinery to carry it into effect. A law is
+     good for nothing without a penalty, without a sanction to it,
+     and that is to be found in the other sections of the bill. The
+     second section provides:
+
+     "That any person, who under color of any law, statute,
+     ordinance, regulation, or custom, shall subject or cause to be
+     subjected any inhabitant of any state or territory to the
+     deprivation of any right secured or protected by this act, or
+     to different punishment, pains, or penalties on account of such
+     person having at any time been held in a condition of slavery
+     or involuntary servitude, except as a punishment for crime
+     whereof the party shall have been duly convicted, or by reason
+     of his color or race, than is prescribed for the punishment of
+     white persons, shall be deemed guilty of a misdemeanor, and on
+     conviction shall be punished by fine not exceeding $1000, or
+     imprisonment not exceeding one year, or both, in the discretion
+     of the court."
+
+     This is the valuable section of the bill so far as protecting
+     the rights of freedmen is concerned. That they are entitled to
+     be free we know. Being entitled to be free under the
+     Constitution, that we have a right to enact such legislation as
+     will make them free, we believe; and that can only be done by
+     punishing those who undertake to deny them their freedom. When
+     it comes to be understood in all parts of the United States
+     that any person who shall deprive another of any right, or
+     subject him to any punishment in consequence of his color or
+     race, will expose himself to fine and imprisonment, I think all
+     such acts will soon cease.[88]
+
+Senator Saulsbury, of Delaware, contended that the Thirteenth Amendment
+of the Constitution had given no power to Congress to confer upon free
+negroes rights and privileges which had not been conceded to them by the
+states where they resided. He said that in Maryland about one half of
+the colored population were free before the Thirteenth Amendment was
+adopted, that in Delaware the free negroes largely outnumbered the
+slaves, and that in Kentucky the free negroes were a large part of the
+population. All that the Thirteenth Amendment did was to put the slave
+population on the same footing on which the free negroes already stood.
+Congress had no power to legislate on the status of free negroes in the
+several states before the Civil War. But the powers of Congress in this
+respect had not been enlarged by anything in the Thirteenth Amendment.
+That amendment had merely said that the condition of slavery--the
+condition in which one man belongs to another, which gives that other a
+right to appropriate the profits of his labor to his own use and to
+control his person--should no longer exist. Those who voted for the
+amendment might have contemplated a larger exercise of power by Congress
+than mere emancipation, but they did not avow it on the floor of the
+Senate when the measure was pending. He continued:
+
+     The honorable Senator from Illinois has avowed that he does not
+     propose by this bill to confer any political power. I have no
+     doubt the Senator is perfectly honest in that declaration, and
+     that he personally does not mean to give any political power,
+     for instance, the right of voting, not only to the freedmen,
+     but to the whole race of negroes; but the intention of the
+     Senator in framing this bill will not govern its construction,
+     and I have not the least doubt that, should it be enacted and
+     become a law, it will receive very generally, if not
+     universally, the construction that it does confer a right of
+     voting in the states; and why do I say so? Says the Senator,
+     "It confers no political power; I do not mean that." The
+     question is not what the Senator means, but what is the
+     legitimate meaning and import of the terms employed in the
+     bill. Its words are, "That there shall be no discrimination in
+     civil rights or immunities." What are civil rights? What are
+     the rights which you, I, or any citizen of this country enjoy?
+     What is the basis, the foundation of them all? They are
+     divisible into two classes; one, those rights which we derive
+     from nature, and the other those rights which we derive from
+     government. I will admit that you may divide and subdivide the
+     rights which you derive from government into different
+     classifications; you may call some, for the sake of convenience
+     and more definiteness of meaning, political; you may call
+     others civil.
+
+       *       *       *       *       *
+
+     What is property? It has been judicially decided that the
+     elective franchise is property. Leaving out the question of
+     voting, however, as a question of property, is it not true
+     that, under our republican form and system of government, the
+     ballot is one of the means by which property is secured? Your
+     bill gives to these persons every security for the protection
+     of person and property which a white man has. What is one means
+     and a very important means of securing the rights of person and
+     property? It is a voice in the Government which makes the laws
+     regulating and governing the right of property. Under our
+     system of government--mark you, I do not say that it is so
+     under all governments--one of the strongest and most efficient
+     means for the security of person and property is a
+     participation in the selection of those who make the laws. It
+     was therefore that I thought that the honorable Senator when he
+     framed this bill meant to give to these persons the right of
+     voting; and I should still think so but for his personal
+     disclaimer of any such object.
+
+Senator Van Winkle (Unionist), of West Virginia, contended that negroes
+were not citizens of the United States and could not be made such by act
+of Congress, or by anything short of constitutional amendment. He was
+opposed to the introduction of inferior races into the ranks of
+citizenship, but if the Constitution should be changed in the mode
+provided for its amendment so as to introduce negroes, Indians, Chinese,
+and other alien races to citizenship, he would endeavor to do his whole
+duty toward them by recognizing them as citizens in every respect.
+
+Senator Cowan held that the second clause of the Thirteenth Amendment of
+the Constitution was limited to the breaking of the bond by which the
+negro slave was held by his master. It was not intended to revolutionize
+all the laws of the various states. The bill under consideration would
+not only repeal statutes of Pennsylvania, but would subject the judges
+of her courts to criminal prosecution, for enforcing her own laws. He
+(Cowan) was willing to vote for an amendment of the Constitution giving
+Congress the power to secure to all men of every race, color, and
+condition their natural rights to life, liberty, and property, but the
+bill under consideration was an attempt to do, without any power, that
+which it was very questionable whether we ought to do, even if we had
+the power. Cowan concluded by arguing that Congress ought not to enact
+laws affecting the Southern States so radically, when they were not
+represented in Congress.
+
+Senator Howard, of Michigan, supported the bill in a speech of great
+force from the humanitarian point of view, but did not dwell upon the
+constitutional question, except to affirm that he, as a member of the
+Judiciary Committee which had reported the Thirteenth Amendment, had
+intended, by the second clause thereof, to empower Congress to enact
+such measures as the pending Civil Rights Bill.
+
+Garrett Davis, of Kentucky, contended that negroes could not be made
+citizens of the United States under the power granted to Congress to
+pass naturalization laws, since naturalization applied only to
+foreigners. Negroes born in this country were not foreigners.
+
+Trumbull replied that free negroes were citizens under the fourth
+article of the Confederation, prior to the adoption of the Constitution
+and that an attempt to exclude them from citizenship on the 25th of
+June, 1778, received only two votes in the Congress of the
+Confederation. He quoted a decision of Judge Gaston, of North Carolina,
+that free negroes born in that state were citizens of the state and that
+slaves manumitted there became citizens by the fact of manumission.
+
+Reverdy Johnson held that it was as competent for Congress to strike out
+the word "white" from our naturalization law as it had been for a former
+Congress to insert that word. In that case a negro migrating from Africa
+to the United States might be made a citizen exactly like an immigrant
+from Europe.
+
+Garrett Davis denied this, saying:
+
+     This is a government and a political organization by white
+     people. It is a principle of that Government and that
+     organization, before and below the Constitution, that nobody
+     but white people are or can be parties to it.
+
+The colloquy between Senators Johnson and Davis continued until the
+latter affirmed that the making of negroes citizens by any process
+whatsoever was "revolutionary," as destructive to our Government as
+would be a bill establishing a monarchy, or declaring that the President
+should hold office for life.[89]
+
+The debate continued till February 2, Senators Guthrie, Hendricks, and
+Cowan opposing the bill and Trumbull, Fessenden, and Wilson supporting
+it. The vote was then taken and resulted, yeas 33, nays 12, absent 5. It
+went to the House, where it encountered unexpected opposition from
+Bingham, of Ohio, a radical Republican, who said:
+
+     Now what does this bill propose? To reform the whole civil and
+     criminal code of every State Government by declaring that there
+     shall be no discrimination between citizens on account of race
+     or color in civil rights, or in the penalties prescribed by
+     their laws. I humbly bow before the majesty of justice, as I
+     bow before the majesty of that God whose attribute it is, and
+     therefore declare that there should be no such inequality or
+     discrimination even in the penalties for crime, but what power
+     have you to correct it? That is the question. You further say
+     that in the courts of justice of the several states there
+     shall, as to the qualifications of witnesses, be no
+     discrimination on account of race or color. I agree that as to
+     persons who appreciate the obligation of an oath--and no others
+     should be permitted to testify--there should be no such
+     discrimination. But whence do you derive power to cure it by
+     congressional enactment? There should be no discrimination
+     among citizens of the United States, in the several states, of
+     like sex, age, and condition, in regard to the franchises of
+     office. But such a discrimination does exist in nearly every
+     state. How do you propose to cure all this? By a congressional
+     enactment? How? Not by saying in so many words (which would be
+     the bold and direct way of meeting this issue) that every
+     discrimination of this kind, whether existing in state
+     constitution or state law, is hereby abolished. You propose to
+     make it a penal offence for the judges of the states to obey
+     the constitution and laws of their states, and for their
+     obedience thereto to punish them by fine and imprisonment as
+     felons. I deny your power to do this. You cannot make an
+     official act done under color of law and without criminal
+     intent and from a sense of duty, a crime.[90]
+
+The only Republican member of the House, from the non-slaveholding
+states, who sided with Bingham, was Raymond, of New York. The House
+passed the bill by yeas 111, nays 38.
+
+On the 27th of March, the President returned the bill to the Senate
+without his approval. He vetoed it on grounds of inexpediency and
+unconstitutionality. His arguments were substantially the same as those
+of Senators Saulsbury and Cowan.
+
+Trumbull replied to the veto message in a speech of great power which
+occupies five pages of the _Congressional Globe_. He took up and
+answered the President's objections _seriatim_. These details need not
+now be repeated. There was one of a personal character, however, which
+calls for notice. He said that he had endeavored to meet the President's
+wishes in the preparation of both the bills, and had called upon him
+twice and had given him copies of them before they were introduced and
+asked his coöperation in order to make them satisfactory. In short, he
+had done everything possible to avoid a conflict between the executive
+and legislative branches of the Government, and since he had been
+assured that the President's aims, like his own, were in the direction
+of peace and concord, he was amazed when they were vetoed. At the
+conclusion of his speech he referred briefly to the constitutional
+objection to the bill saying:
+
+     If the bill now before us, which goes no further than to secure
+     civil rights to the freedmen, cannot be passed, then the
+     constitutional amendment proclaiming freedom to all the
+     inhabitants of the land is a cheat and a delusion.
+
+The floor and galleries of the Senate Chamber were crowded during the
+delivery of the speech and the roll-call followed immediately,
+resulting: yeas 33, nays 15, more than two thirds. The closing scene was
+thus described in a Washington letter to the _Nation_, April 12:
+
+     After three days of extremely ardent debate signalized by a
+     speech of singular cogency and power from Senator Trumbull, the
+     father of the bill, the vote was reached about 7 o'clock on
+     Friday evening. When the end of the roll was reached and
+     Vice-President Foster announced the result, nearly the whole
+     Senate and auditory were carried off their feet and joined in a
+     tumultuous outburst of cheering such as was never heard within
+     those walls before.
+
+The veto of the Civil Rights Bill and the struggle over its passage the
+second time precipitated the exciting contest at the polls in the autumn
+of 1866. In that campaign Trumbull held the foremost position in the
+Republican column. Whether it was possible to avoid the conflict we
+cannot now say. It was most desirable that the party in power should
+march all one way, and hence that the President should respond to the
+friendly overtures of the leaders in Congress. When he found that he
+could not approve the two bills that the Senator had placed in his hands
+for examination, he ought to have sent for him and pointed out his
+objections and at all events expressed regret that he could not concur
+with him in the particulars where they disagreed. Then there might have
+been mutual concessions leading to harmony. In any event, there would
+have been no sting left behind, no hard feeling, no sense of injury, and
+perhaps no rupture in the party. That was not Johnson's way. He lacked
+_savoir faire_. He was combative by nature. He not only made personal
+enemies unnecessarily, but he alienated thousands who wished to be his
+friends.[91] "Many persons," says a not unfriendly critic, "whose
+feelings were proof against the appeals made on behalf of the freedmen
+and loyalists were carried over to the side of Congress by sheer
+disgust at Johnson's performances. The alienation, by the President, of
+this essentially thoughtful and conservative element of the Northern
+voters was as disastrous and inexcusable as the alienation of those
+moderate men in Congress whom he had repelled by his narrow and
+obstinate policy in regard to the Freedmen's Bureau and Civil Rights
+Bills. It was again demonstrated that Andrew Johnson was not a statesman
+of national size in such a crisis as existed in 1866."[92]
+
+On the other hand, it must be admitted that Johnson was within his
+constitutional right in vetoing the bills without previously consulting
+anybody in Congress.
+
+The Civil Rights Act came before the Circuit Court of the United States
+twice, soon after it was enacted, and in both instances was held to be
+constitutional. The circuit courts were then presided over by Justices
+of the Supreme Court. In the case of United States _v._ Rhodes, Seventh
+Circuit, District of Kentucky, 1866, before Justice Swayne, the act was
+pronounced constitutional in all its provisions, and held to be an
+appropriate method of exercising the power conferred on Congress by the
+Thirteenth Amendment.
+
+The other case was the Matter of Turner, Fourth Circuit, Maryland,
+October Term, 1867, before Chief Justice Chase. This case was submitted
+to the court without argument. The Chief Justice expressed regret that
+it was not accompanied by arguments of counsel, but he decided that the
+act was constitutional and that it applied to all conditions prohibited
+by it, whether originating in transactions before, or since, its
+enactment.[93]
+
+If either of these cases had been taken to the Supreme Court on appeal,
+at that time, the Civil Rights Act of 1866 would doubtless have been
+upheld by that body; yet in October, 1882, the court held by unanimous
+vote that none of the latest amendments of the Constitution (the
+Thirteenth, Fourteenth, and Fifteenth) did more than put prohibition on
+the action of the states. No state should have slavery; no state should
+make any law to abridge the privileges and immunities of citizens of the
+United States; no state should deny the right of voting by reason of
+race, color, or previous condition of servitude. The power of Congress
+to go into the states to enforce the criminal law against individuals
+had not been granted in any of these amendments. It could not be
+affirmed that the second section of the Thirteenth Amendment gave power
+to Congress to legislate for the states as to other matters than actual
+slavery. But the Civil Rights Act applied to all the states--to those
+where slavery had never existed as well as to those where it had been
+recently abolished.[94]
+
+The act which the court in October, 1882, pronounced unconstitutional
+was the Anti-Ku-Klux Act of 1871. Trumbull himself spoke and voted
+against that act believing it to be unconstitutional, as we shall see
+later. He drew the line somewhere between the two acts. The judges
+participating in the decision in the Harris case were Chief Justice
+Waite and Associate Justices Miller, Bradley, Woods, Gray, Field,
+Harlan, Matthews, and Blatchford.
+
+One year later the court held that the Equal Rights Act of March 1,
+1875, which gave to all persons full and equal enjoyment of
+accommodations and privileges of inns, public conveyances, theatres, and
+other places of public amusement, common schools and public
+institutions of learning or benevolence supported in whole or in part by
+general taxation, was unconstitutional. The Supreme Court still
+consisted of the Justices above named.[95] It held that the Thirteenth
+Amendment of the Constitution related only to slavery and its incidents
+and that the Fourteenth Amendment was merely prohibitory on the states;
+that is, that it did not confer additional powers upon Congress, but
+merely forbade discriminating acts on the part of the states. The
+opinion of the court was delivered by Justice Bradley. The only
+dissenting opinion was given by Justice Harlan, of Kentucky, who held
+that the Thirteenth Amendment of the Constitution was not restricted to
+the prohibition of slavery, but that it conferred upon Congress the
+power to make freedom effectual to the former victims of slavery. He
+said:
+
+     The Thirteenth Amendment, it is conceded, did something more
+     than to prohibit slavery as an institution resting upon
+     distinctions of race and upheld by positive law. My brethren
+     admit that it established and decreed universal civil freedom
+     throughout the United States. But did the freedom thus
+     established involve nothing more than the exemption from actual
+     slavery? Was nothing more intended than to forbid one man from
+     owning another as property? Was it the purpose of the nation
+     simply to destroy the institution and then remit the race,
+     theretofore held in bondage, to the several states for such
+     protection in their civil rights, necessarily growing out of
+     freedom, as those states in their discretion might choose to
+     provide? Were the states, against whose protest the institution
+     was destroyed, to be left free, so far as national interference
+     was concerned, to make or allow discriminations against that
+     race, as such, in the enjoyment of those fundamental rights
+     which by universal concession inhere in a state of freedom? Had
+     the Thirteenth Amendment stopped with the sweeping declaration
+     in its first section against the existence of slavery and
+     involuntary servitude, except for crime, Congress would have
+     had the power by implication, according to the doctrines of
+     Prigg _v._ Commonwealth of Pennsylvania, repeated in Strauder
+     _v._ West Virginia, to protect the freedom established and
+     consequently to secure the enjoyment of such civil rights as
+     were fundamental in freedom. That it can exert its authority to
+     that extent is made clear, and was intended to be made clear,
+     by the express grant of such power contained in the second
+     section of the Amendment.
+
+The question whether the Civil Rights Act of 1866 was or was not
+constitutional never came squarely before the Supreme Court on a test
+case, but, as we have seen, other acts analogous to it did come before
+that tribunal in such a way that the authority of the court must be
+construed as adverse to it. My own thought is that the dissenting
+opinion of Mr. Justice Harlan above quoted is worth more than all the
+other literature on this subject that the books contain.
+
+The autumn elections of 1866 returned a larger majority in Congress
+against President Johnson than had been there before. The result in
+Illinois was the reëlection of Trumbull as Senator by the unanimous vote
+of the Republican legislative caucus, although there were three
+major-generals of the victorious Union army (Palmer, Oglesby, and Logan)
+competing for that position, all of whom reached it later.
+
+Trumbull sustained Johnson until the latter vetoed the Civil Rights
+Bill. He believed that the freedom of the emancipated blacks was put in
+peril by this action of the President, and he gave all of his energies
+to the task of passing the bill over the veto and sustaining it before
+the people. In this he was successful, but the avalanche of public
+opinion thus started did not stop with the defeat of Johnson in the
+election of 1866. It carried the control of the Union party out of the
+hands of the conservatives and gave the reins of leadership to Sumner,
+Stevens, and the radical wing. Trumbull followed this lead till the
+impeachment of Johnson took place, when he halted and saved Johnson at
+the expense of his own popularity, and he never regretted that he had
+done so.
+
+A distant echo of the Civil Rights controversy reached the Illinois
+Senator from the state of Georgia, where he had been a school-teacher
+thirty years earlier. The correspondence is introduced here as a
+corrective, in some part, of the erroneous opinion that Trumbull was a
+man of cold and unfeeling nature:
+
+    MORGAN [Ga.], May 17th [1866].
+
+    HON. LYMAN TRUMBULL:
+
+     DEAR SIR: Truth seems strange, but, stranger still appears the
+     fact, that after a lapse of thirty years, I should offer you a
+     feeble acknowledgment of the gratitude, and high respect I have
+     ever cherished for you. It was my good fortune to enjoy, in
+     Greenville, for nearly three years, the advantage of your
+     profound teachings; and, in later life, when adverse
+     circumstances compel me to impart those lessons, and the
+     hallowed influence of that instruction, to others, I award to
+     you the full meed of praise. You cannot imagine the
+     satisfaction I experience, when my eye turns to the many
+     eloquent addresses you deliver before Congress; but as there
+     lurks beneath the most beautiful rose, thorns that inflict deep
+     wounds, so your avowed animosity to us casts a gloom over those
+     delightful emotions. Is there no delightful thrill of
+     association still lingering in your bosom, when memory reverts
+     to your sojourn among us? Is there no period in that long
+     space, around which fond retrospection can joyfully flutter her
+     wings, and crush out the large drops of gall that have been
+     distilled into your cup? I think you, and you alone, have the
+     power and influence to arrest the mighty tide that threatens to
+     overwhelm us. Can you not forget our past delinquencies, to
+     which, I confess, we have been too prone, and remember only the
+     little good you discovered? I often make special inquiries
+     after you, and was much interested in an account given by an
+     old Southern member. As I had still in my mind's eye your tall
+     and erect form, my surprise was great, indeed, to be told that
+     your form was not so straight, and that you used spectacles. I
+     have failed in the proper place to mention my name, "Fannie
+     Lowe," the most mischievous girl of the school. I married a
+     gentleman from Mobile, who lived eight years after the union.
+     He fell a victim to cholera, fourteen years since, during its
+     prevalence in New Orleans. It was my great misfortune to lose
+     my daughter, just as the flower began to expand and promise
+     hope and comfort for my old age. In conclusion, I will be
+     delighted to hear from you, and by all means send me your
+     photograph. My kindest regards to your dear ones, and accept
+     the warmest wishes of
+
+    MRS. F. C. GARY.
+
+    MORGAN, CALHOUN CY., GEORGIA.
+
+    UNITED STATES SENATE CHAMBER,
+    WASHINGTON, June 27, 1866.
+
+     MY DEAR MRS. GARY: I was truly grateful to receive yours of the
+     17th ult., and to know that after the lapse of thirty years I
+     was not forgotten by those who were my pupils. I remember many
+     of them well, and for all have ever cherished the kindest of
+     feelings and the best of wishes. It pains me, however, to think
+     that you and probably most of those about you, including those
+     once my scholars, should so misunderstand me and Northern
+     sentiments generally. How can you, my dear child,--excuse the
+     expression, for it is only as a school-girl I remember Fannie
+     Lowe,--how can you, I repeat, accuse me of entertaining
+     feelings of "animosity" and of the bitterness of "gall" towards
+     you or the South?... Towards the great mass of those engaged in
+     the rebellion the North feels no animosity. We believe they
+     were induced to take up arms against the Government from
+     mistaken views of Northern sentiment brought about by ambitious
+     and wicked leaders, and those political leaders we do want, at
+     least, to exclude from political power, if nothing more, till
+     loyal men are protected and loyalty is respected in the
+     rebellious districts. It is in the power of the Southern people
+     to have reconstruction at once, and the restoration of civil
+     government, complete, if they will only put their state
+     organizations in loyal hands, elect none but loyal men to
+     office, and see that those who were true to the Union, during
+     the war, of all classes, are protected in their rights. I ask
+     you, in all candor, till the disloyal of the South are willing
+     to do this, ought they to complain if they are subjected to
+     military control? I enclose you, as requested, a couple of
+     photographs, which you will hardly recognize as of the young
+     man whom you knew thirty years ago. The one without a beard was
+     taken three or four years since; the other, this year. My
+     family consists of a wife and three boys, the eldest twenty
+     years of age.
+
+     Please remember me to any who once knew me at Greenville, for
+     all of whom I cherish a pleasant remembrance; and believe me
+     your sincere friend,
+
+    LYMAN TRUMBULL.
+
+FOOTNOTES:
+
+[85] _Cong. Globe_, 1866, p. 319.
+
+[86] _Cong. Globe_, 1866, p. 322.
+
+[87] _Cong. Globe_, 1866, pp. 745-46.
+
+[88] _Cong. Globe_, 1866, p. 475.
+
+[89] _Cong. Globe_, 1866, p. 530.
+
+[90] _Cong. Globe_, 1866, p. 1293.
+
+[91] "Doolittle tells me he wrote the President a letter on the morning
+of the 22d of February, knowing there was to be a gathering which would
+call at the White House, entreating him not to address the crowd. But,
+said D., he did speak and his speech lost him two hundred thousand
+votes." (_Diary of Gideon Welles_, II, 647.)
+
+[92] W. A. Dunning, _Reconstruction_, p. 82.
+
+[93] Both of these cases are reported in the first volume of Abbott's
+Circuit Court Reports.
+
+[94] United States _v._ Harris, 106 U.S. 629.
+
+[95] Civil Rights Cases, 109 U.S. 3.
+
+
+
+
+CHAPTER XVIII
+
+THE FOURTEENTH AMENDMENT
+
+
+While the events in the preceding chapter were transpiring, a joint
+committee on Reconstruction were making an inquiry into the condition of
+the ex-Confederate States in order to determine whether they or any of
+them were entitled to immediate representation in Congress. It consisted
+of Senators Fessenden, Grimes, Harris, Howard, Williams, and Johnson,
+and Representatives Stevens, Washburne, of Illinois, Morrill, of
+Vermont, Bingham, Conkling, Boutwell, Blow, Rogers, and Grider. Senator
+Reverdy Johnson and Representatives Rogers and Grider were Democrats.
+All the others were Republicans. There was a preponderance of
+conservatives on the committee. Senator Fessenden was the chairman, and
+his selection for the place marked him as _princeps senatus_ in the
+estimation of his colleagues.
+
+While the Civil Rights Bill was pending in the House, we have seen that
+Bingham, of Ohio, made a speech against it and voted against it, holding
+it to be unconstitutional. He had supported the Freedmen's Bureau Bill
+because it applied only to states in the inchoate condition which then
+existed. It was to be inoperative in any state, when restored to its
+constitutional relations with the Union. The Civil Rights Bill, on the
+other hand, was to apply to the whole country, North and South, without
+limit as to time, and to affect the civil and criminal code of every
+State Government. He held that there was no constitutional warrant for
+this, either in the Thirteenth Amendment or elsewhere. In order to cure
+the supposed defect, Bingham proposed to the Reconstruction Committee a
+new constitutional amendment in these words:
+
+     The Congress shall have power to make all laws which shall be
+     necessary and proper to secure to the citizens of each state
+     all privileges and immunities of citizens in the several
+     states, and to all persons in the several states equal
+     protection in the rights of life, liberty, and property.
+
+This was agreed to by the committee, but before it was reported to the
+House, Stevens presented a series of amendments consisting of five
+sections which had been prepared by Robert Dale Owen, a distinguished
+publicist, who was not a member of the Congress. This series had met
+Stevens's approval, and after some delay and some changes it was adopted
+by the committee. Bingham then withdrew his own proposed amendment and
+offered the following in place of it, which was adopted as section one:
+
+     No state shall make or enforce any law which shall abridge the
+     privileges and immunities of citizens of the United States, nor
+     shall any state deprive any person of life, liberty, or
+     property without due process of law, nor deny to any person
+     within its jurisdiction the equal protection of the laws.
+
+The difference between this provision and the first one proposed by
+Bingham was the whole difference between giving Congress power to pass
+laws for the administration of justice in the states and merely
+prohibiting the states from making discriminations between citizens.
+There was no definition of citizenship in the amendment as reported by
+the joint committee. Apparently they relied upon the Civil Rights Act,
+which had been passed over the President's veto, to supply that
+definition, but shortly before the final vote was taken in the Senate,
+Howard, who had charge of the measure in the temporary illness of
+Fessenden, proposed the following words to be placed at the beginning of
+the first section.
+
+     All persons born or naturalized in the United States, and
+     subject to the jurisdiction thereof, are citizens of the United
+     States and of the state wherein they reside.
+
+The reason for adopting this clause was to validate the corresponding
+part of the Civil Rights Act and put it beyond repeal, in the event that
+the Republicans should at some future time lose control of Congress.
+
+In addition to the first section, as shown above, the amendment provided
+that Representatives should be apportioned among the several states
+according to population, but that when the right to vote was denied in
+any state to any of the male inhabitants who were twenty-one years of
+age and citizens of the United States, except for rebellion or other
+crime, the representation of such state in Congress and the Electoral
+College should be proportionately reduced. Also that no person should
+hold any office under the United States or any state who, having
+previously taken an oath to support the Constitution of the United
+States, had engaged in insurrection or rebellion against the same, but
+that Congress might, by a two-thirds vote, remove such disability. Also
+that the validity of the public debt of the United States should not be
+questioned, but that no debt incurred in aid of insurrection or
+rebellion should ever be paid by the United States or any state. The
+concluding section provided that Congress should have power to enforce
+by appropriate legislation the provisions of the article.
+
+The Fourteenth Amendment passed the Senate June 8, by 33 to 11, and the
+House June 13, by 138 to 36. Sumner had opposed it bitterly in debate
+because it dodged, as he said, the question of negro suffrage; but when
+the vote was taken he recorded himself in the affirmative.
+
+The report of the committee giving the reasons for their action was
+submitted on the 18th of June. It held that the seceding states, having
+withdrawn from Congress and levied war against the United States, could
+be restored to their former places only by permission of the
+constitutional power against which they had rebelled acting through all
+the coördinate branches of the Government and not by the executive
+department alone.
+
+     If the President [it said] may, at his will and under his own
+     authority, whether as military commander, or chief executive,
+     qualify persons to appoint Senators and elect Representatives,
+     and empower others to elect and appoint them, he thereby
+     practically controls the organization of the legislative
+     department. The constitutional form of government is thereby
+     practically destroyed, and its powers absorbed by the
+     Executive. And while your committee do not for a moment impute
+     to the President any such design, but cheerfully concede to him
+     the most patriotic motives, they cannot but look with alarm
+     upon a precedent so fraught with danger to the Republic.
+
+This conclusion was logical but misleading. The danger to the Republic
+lay not in the absorption of powers by the Executive, but in the
+prolongation of chaos, in dethroning intelligence, and arming ignorance
+in the desolated districts of the South.[96]
+
+Stevens also reported a bill "to provide for restoring the states lately
+in insurrection to their full political rights." It recited that
+whenever the Fourteenth Amendment should become a part of the
+Constitution, and any state lately in insurrection should have ratified
+it and conformed itself thereto, its duly elected Senators and
+Representatives would be admissible to seats in Congress. This bill was
+not acted on, but lay on the table of each house awaiting the action of
+the Southern States on the proposed amendment.
+
+On July 23, the two houses adopted a preamble and joint resolution
+admitting Tennessee to her former relations to the Union. The preamble
+recited that that state had ratified the Thirteenth and Fourteenth
+Amendments to the Constitution. There were only four negative votes on
+the Tennessee bill: Brown and Sumner, Republicans, and Buckalew and
+McDougall, Democrats. The President signed the bill, but he added a
+brief message explaining that his reason for doing so was that he
+desired to remove every cause of further delay, whether real or
+imaginary, to the admission of the Representatives of Tennessee, but he
+affirmed that Congress could not rightfully make the passage of such a
+law a condition precedent to such admission in the case of Tennessee, or
+of any other state.
+
+The next event of importance in the controversy over Reconstruction was
+the National Union Convention held in Philadelphia on the 14th of
+August. It was composed of delegates from all the states and
+territories, North and South, who sustained the President's policy and
+acquiesced in the results of the war, including the abolition of
+slavery. This came to be known as the "Arm-in-Arm Convention" as the
+procession leading to the platform was headed by two delegates, one from
+Massachusetts and one from South Carolina, walking together with their
+arms joined. The signers of the call embraced the names of A. W.
+Randall, ex-governor of Wisconsin, Senators Cowan, Doolittle, Fowler,
+Norton, Dixon, Nesmith, and Hendricks, and ex-senator Browning, then
+Secretary of the Interior. The convention itself was eminently
+respectable in point of numbers and character. It was presided over by
+Senator Doolittle, and the chairman of its Committee on Resolutions was
+Senator Cowan. The resolutions adopted were ten in number and were
+faultless in principle and in expression. They were conveyed to the
+President by a committee of seventy-two persons. The effect of this
+dignified movement was offset and neutralized in large part by one
+paragraph of the President's reply to the presentation speech, namely:
+
+     We have witnessed in one department of the Government every
+     endeavor to prevent the restoration of peace, harmony, and
+     union. We have seen hanging upon the verge of the Government,
+     as it were, a body called, or which assumed to be, the Congress
+     of the United States, while in fact it is a Congress of only a
+     part of the states. We have seen this Congress pretend to be
+     for the Union when its every step and act tended to perpetuate
+     disunion and make the disruption of the states inevitable.
+     Instead of promoting reconciliation and harmony its legislation
+     has partaken of the character of penalties, retaliation, and
+     revenge. This has been the course and policy of your
+     Government.
+
+This impeachment of the legality of Congress was followed by a battle in
+the political field, which raged with increasing fury during the whole
+remainder of Johnson's term of office and projected itself into the two
+terms of President Grant and the beginning of that of President Hayes,
+embracing the episodes of the impeachment trial and the Liberal
+Republican movement of 1872. All of this turmoil, and the suffering
+which it brought upon the South, would, probably, have been avoided if
+Lincoln, with his strong hold upon the loyal sentiment of the country
+and his readiness to conciliate opponents, without surrendering
+principle, had not been assassinated. They became possible if not
+inevitable when the presidential chair was taken, in a time of crisis,
+by a man of combative temper, without prestige in the North, and devoid
+of tact although of good intentions and undoubted patriotism.
+
+The Southern States refused to agree to the Fourteenth Amendment. To
+them the insuperable objection was the clause excluding from the
+office-holding class those who had taken an oath to support the
+Constitution of the United States and had afterwards engaged in
+insurrection against the same. The common people refused to accept
+better terms than were accorded to their leaders. This was true chivalry
+and is not to be condemned, but the consequence was an increase of the
+power of the radicals in the North. It disabled conservatives like
+Fessenden, Trumbull, and Grimes in Congress, John A. Andrew, Henry Ward
+Beecher, and William C. Bryant, influential in other walks in life, from
+making effective resistance to the measures of Sumner and Stevens. If
+the Fourteenth Amendment had been ratified by any of the other
+ex-Confederate States, such states would have been admitted at once as
+Tennessee was. Both Wade and Howard, hot radicals as they were, refused
+to go with Sumner when he insisted that further conditions should be
+exacted. When he offered an amendment looking to negro suffrage, Howard
+said that the Joint Committee on Reconstruction had maturely considered
+that question and had carefully abstained from interfering with "that
+very sacred right"--the right of each state to regulate the suffrage
+within its own limits. He argued that it was inexpedient in a party
+point of view to do so, and predicted that if the rebel states were
+coerced to adopt negro suffrage by an act of Congress, or by
+constitutional amendment, they would rid themselves of it after gaining
+admission.[97]
+
+FOOTNOTES:
+
+[96] Trumbull did not take an active part in the framing of the
+Fourteenth Amendment. A minute and unbiased history of it has been
+written by Horace Edgar Flack, Ph.D., and published by the Johns Hopkins
+Press, Baltimore, 1908. It is impossible to resist the conclusion of
+this writer, that partisanship was a potent factor in the framing and
+adoption of it.
+
+[97] _Cong. Globe_, February 15, 1867, p. 1381.
+
+
+
+
+CHAPTER XIX
+
+CROSSING THE RUBICON
+
+
+On the 17th of December, 1866, the Supreme Court rendered its decision
+in the Milligan case, which had reached that tribunal on a certificate
+of disagreement between the two judges of the United States Circuit
+Court for Indiana. Milligan, a citizen, not in the military or naval
+service, had been arrested in October, 1864, by General A. P. Hovey,
+commanding the military district of Indiana, for alleged treasonable
+acts, had been tried by a military commission, found guilty, and
+sentenced to be hanged on the 19th day of May, 1865. He petitioned the
+court for a discharge from custody under the terms of the Habeas Corpus
+Act passed by Congress March 3, 1863. He affirmed that, since his
+arrest, there had been a session of the grand jury in his district and
+that it had adjourned without finding an indictment against him. The act
+of Congress provided that the names of all civilians arrested by the
+military authorities in places where the courts were open should be
+reported to the judges within twenty days after their arrest, and that
+if they were not indicted at the first term of court thereafter they
+should be set at liberty.
+
+This question had been pretty thoroughly thrashed out in the
+Vallandigham case, but it had been imperfectly understood; President
+Lincoln had gone astray in that labyrinth, and judges on the bench had
+differed from each other in their interpretation of an unambiguous
+statute. The most commonly accepted opinion was that the act of 1863
+was not applicable to Copperheads, or, if it was, that it ought not to
+be obeyed.
+
+The Supreme Court was unanimous in the opinion that Milligan must be
+discharged, since the law was plain and unequivocal, but there was a
+division among the nine judges of the court as to the power to try
+persons not in the military service, by military commission. Five judges
+held that Congress could not abolish trial by jury in places where the
+courts were open and the course of justice unimpeded. Four judges
+maintained that Congress might authorize military commissions to try
+civilians in certain cases where the civil courts were open and freely
+exercising their functions, although Congress had not actually done so.
+The five judges constituting the majority were Davis (who wrote the
+opinion of the court), Clifford, Nelson, Grier, and Field. The four who
+dissented from the argument, but not from the judgment, were Chief
+Justice Chase (who wrote the minority opinion), and Judges Wayne,
+Swayne, and Miller. Davis's opinion is not surpassed in argumentative
+power or in literary expression by anything in the annals of that great
+tribunal.
+
+The logical consequences of the decision were tremendous, or would have
+been, if the public mind had been in a condition to appreciate its
+gravity. Not only did it follow logically that the trial and execution
+of Booth's fellow conspirators, Payne, Atzerodt, Herold, and Mrs.
+Surratt, were, in contemplation of law, no better than lynching, but
+that Andrew Johnson's endeavor to put an end to government by military
+commissions, as soon as possible, was right, and that the contrary
+design, by whomsoever held, was wrong.
+
+The radicals in Congress, however, were only angered by the decision.
+They were not in the least disconcerted by it, but the court itself was
+very much so. If it had been necessary to pass a law reorganizing the
+court, in order to reap the fruits of the victory won in the recent
+elections, a majority could have been obtained for it.
+
+Under date of January 8, 1867, the "Diary of Gideon Welles" tells us
+that there was a Cabinet meeting at which the President said that he
+wished to obtain the views of each member on the subject, already
+mooted, of dismantling states and throwing them into a territorial
+condition. A colloquy ensued which is reported as follows:
+
+     Seward was evidently taken by surprise. Said he had avoided
+     expressing himself on these questions; did not think it
+     judicious to anticipate them; that storms were never so furious
+     as they threatened; but as the subject had been brought up, he
+     would say that never, under any circumstances, could he be
+     brought to admit that a sovereign state had been destroyed, or
+     could be reduced to a territorial condition.
+
+     McCulloch was equally decided, that the states could not be
+     converted into territories.
+
+     Stanton said he had communicated his views to no man. Here, in
+     the Cabinet, he had assented to and cordially approved of every
+     step which had been taken, to reorganize the governments of the
+     states which had rebelled, and saw no cause to change or depart
+     from it. Stevens's proposition he had not seen, and did not
+     care to, for it was one of those schemes which would end in
+     noise and smoke. He had conversed with but one Senator, Mr.
+     Sumner, and that was one year ago, when Sumner said he
+     disapproved of the policy of the Administration and intended to
+     upset it. He had never since conversed with Sumner nor any one
+     else. He did not concur in Mr. Sumner's views, nor did he think
+     a state would or could be remanded to a territorial condition.
+
+     I stated my concurrence in the opinions which had been
+     expressed by the Secretary of War, and that I held Congress had
+     no power to take from a state its reserved rights and
+     sovereignty, or to impose terms on one state which were not
+     imposed on all states.
+
+     Stanbery said he was clear and unqualifiedly against the whole
+     talk and theory of territorializing the states. Congress could
+     not dismantle them. It had not the power, and on that point he
+     would say that it was never expedient to do or attempt to do
+     that which we had not the power to do.
+
+     Browning declared that no state could be cut down or
+     extinguished. Congress could make and admit states, but could
+     not destroy or extinguish them after they were made.[98]
+
+This extract is rather astounding for what it tells us of Stanton's
+position. Simultaneously, or nearly so, Congress passed an act virtually
+making the General of the Army independent of the President, and
+prohibiting the President from assigning him to duty elsewhere than in
+Washington City without the consent of the Senate, except at his own
+request. Congressman Boutwell, of Massachusetts, tells us that this
+provision was privately suggested to him by Stanton and that he
+(Boutwell) wrote it down at the War Department as dictated by Stanton,
+and took it to Thaddeus Stevens who incorporated it in an appropriation
+bill.[99]
+
+If the radicals were elated by the result of the elections, the
+conservatives were correspondingly depressed. It was no longer possible
+to prevent Stevens and Sumner from taking the lead, which they did
+forthwith. They crossed the Rubicon with the whole army. The
+Reconstruction policy initiated by Lincoln was now for the first time
+definitely abandoned by the Union party. In the month of February,
+Stevens carried through the House a bill declaring that there were no
+legal governments in the ten rebel states, and providing that the
+existing governments should be superseded by the military authority. It
+provided for no termination of such military government. Amendments were
+added by the Senate providing for constitutional conventions in those
+states, to be elected by the male citizens twenty-one years old and
+upward, of whatever race or color, except those disfranchised for
+participation in rebellion. It was provided further that when the
+constitutions so framed should contain clauses giving the elective
+franchise to all persons entitled to vote in the election for delegates,
+and when the constitutions should be ratified by a majority of the
+people, and when such constitutions should have been submitted to and
+approved by Congress, and when the states should have ratified the
+Fourteenth Amendment and it should have been adopted, then the states so
+reorganized should be entitled to representation in Congress, provided
+that no persons disfranchised by the Fourteenth Amendment should vote at
+the election or be eligible to membership of the conventions. The clause
+making negro suffrage a permanent condition of Reconstruction was
+adopted in a senatorial caucus on the motion of Sumner by a majority of
+two, after it had been rejected almost unanimously by the Senate
+committee to which it had been referred.[100]
+
+Trumbull, Fessenden, and Sherman voted against Sumner's motion, but
+after it became the policy of the party they supported it. And here they
+made a mistake, for this was the act which placed the governments of ten
+states in the hands of the most ignorant portion of the community and
+disfranchised the most intelligent, entailing the direful consequences
+of the succeeding ten years.
+
+The road which the dominant party had now taken was, however, taken
+conscientiously. Congress and the Northern people sincerely believed
+that slavery would be reëstablished in some form unless the negroes had
+the right to vote and the assurance that their votes would be counted,
+and that, in that case, the war would have to be fought over again. Of
+course, party spirit and the greed of office had a place among the
+impelling motives at Washington, but these considerations would not have
+availed had not the opinion been deep-seated that a Democratic victory
+won by the votes of the solid South and a minority of the North would
+endanger the Union.
+
+Senator Cullom, of Illinois, who was then a member of the House, said,
+forty-four years later, that "the motive of the opposition to the
+Johnson plan of Reconstruction was a firm conviction that its success
+would wreck the Republican party and, by restoring the Democracy to
+power, bring back Southern supremacy and Northern vassalage."[101]
+
+Montgomery Blair apprehended another revolution or rebellion and said
+that there might be two opposing governments organized in Washington.
+Maynard, of Tennessee, a stanch loyalist, believed that Senators and
+Representatives from all the states would soon make their appearance at
+the national capital and that those from the rebel states would join
+with the Democratic members from the loyal states, constitute a
+majority, organize, repeal the test oath, and have things their own way.
+Welles, while recording these opinions, held the sounder one that the
+South was too exhausted and the Northern Democrats too timid for such a
+step.[102]
+
+The Reconstruction Bill passed both houses on the 20th day of February,
+1867, was vetoed by the President on the 2d of March, and was repassed
+on the same day by more than two-thirds majority in each house,
+Trumbull voting in the affirmative.
+
+It was followed by a supplementary bill even more drastic, providing for
+a registration of voters, and requiring each person, before he could be
+registered, to take an oath that he had not been disfranchised for
+participation in any rebellion, or civil war, against the United States,
+and had never held any legislative, executive, or judicial office and
+afterwards engaged in rebellion against the United States, or given aid
+or comfort to the enemies thereof. The President was not slow to
+perceive the monstrosity of these provisions. In his veto message he
+dwelt on the absurdity of expecting every man to know whether he had
+been disfranchised or not, and what acts amounted to "participation" or
+fell short of it, and what constituted the giving of aid and comfort to
+the enemies of the United States. With genuine pathos he added:
+
+     When I contemplate the millions of our fellow citizens of the
+     South with no alternative left but to impose upon themselves
+     this fearful and untried experiment of complete negro
+     enfranchisement, and white disfranchisement (it may be) almost
+     as complete, or submit indefinitely to the rigor of martial law
+     without a single attribute of freemen, deprived of all the
+     sacred guaranties of our Federal Constitution, and threatened
+     with even worse wrongs, if any worse are possible, it seems to
+     me their condition is the most deplorable to which any people
+     can be reduced.
+
+This bill was passed over the veto on the 23d of March, Trumbull voting
+in the affirmative. These votes, however, did not prevent him from
+publishing in the Chicago _Advance_ of September 5, the same year, a
+carefully written article denying the power of Congress to regulate the
+suffrage in the states, concluding with the following paragraphs:
+
+     If the views expressed are correct, it follows that there are
+     but two ways of securing impartial suffrage throughout the
+     Union. One is, for the states themselves to adopt it, which is
+     being done by some already; and now that the subject is being
+     agitated and its justice being made apparent, it is to be hoped
+     it will soon commend itself to all: the other is, by an
+     amendment to the Constitution of the United States, adopting
+     impartial suffrage throughout the Union, which to become
+     effective must be ratified by three fourths of the States.
+
+Amendments of the constitutions of Ohio, Kansas, and Minnesota for that
+purpose were then pending, but they were all voted down by the people in
+October and November, 1867.
+
+Congress continued to pass supplementary Reconstruction measures at
+short intervals. One such authorized the commanders of the military
+districts to suspend or remove any persons holding any office, civil or
+military, in their districts and appoint other persons to fill their
+places and exercise their functions subject to the disapproval of the
+General of the Army of the United States. It was declared to be the duty
+of the commanders aforesaid to remove from office all persons disloyal
+to the United States and all who should seek to hinder, delay, or
+obstruct the administration of the Reconstruction Acts. Section eight of
+this act made members of boards of registration removable in like
+manner. Section eleven provided that "all the provisions of this act,
+and of the acts to which it is supplementary, should be construed
+liberally." This bill was vetoed by the President July 19, 1867, and was
+passed over the veto by both houses the same day. Still another
+supplementary act was passed on the 11th of March, 1868, relating to the
+election of members of Congress in the rebel states.
+
+Under this harness of militarism constitutional conventions were held
+and constitutions adopted by all of said states, except Texas and
+Mississippi, during the year 1868, and all the rest of them were
+admitted to the Union except Virginia, subject, however, to the
+condition that their constitutions should never be amended, or changed,
+so as to deprive any citizen, or class of citizens, of the right to
+vote, except as a punishment for crimes of the grade of felonies at
+common law.
+
+Delays having occurred in the course of procedure in Virginia,
+Mississippi, and Texas, there was opportunity to apply new conditions to
+their readmission and this chance was eagerly seized by the radicals.
+Trumbull, on the 13th of January, 1870, reported from the Judiciary
+Committee a simple resolution reciting that Virginia, having complied
+with all the requirements, was entitled to representation in Congress.
+This was amended on motion of Drake, of Missouri, by a proviso that it
+should never be lawful for the state to deprive any citizen of the
+United States, on account of race, color, or previous condition of
+servitude, of the right to hold office. Trumbull said in the debate on
+this proposition that Congress had no authority to enact it and that it
+would not be binding on the state. Yet it was adopted by a majority of
+one vote, 30 to 29. Wilson then moved as an amendment that the state
+constitution should never be so changed as to deprive any citizen or
+class of citizens of school privileges, and this was adopted by 31 to
+29, Trumbull in the negative. In addition to these a long section was
+added prescribing a new form of oath to be taken by all state officers
+and members of the legislature, which was adopted by 45 to 16, Trumbull
+voting no. In the final vote on the Bill, however, he voted in the
+affirmative. The same conditions were applied to Mississippi and Texas.
+
+In the debate on the Virginia Bill there was a passage-at-arms between
+Trumbull and Sumner which came near to overstepping parliamentary rules
+on both sides and which caused widespread newspaper comment. It was
+generally believed that a rupture had taken place between them which
+would never be healed; yet a year later, when the decree went forth
+(presumably from the White House) that Sumner must be deposed from the
+chairmanship of the Committee on Foreign Relations, Trumbull was one of
+his strongest supporters in the fight which ensued.
+
+Following close after the reconstruction of Virginia came the
+re-reconstruction of Georgia. That state ratified her _post-bellum_
+constitution on the 11th of May, 1868, and elected Rufus P. Bullock,
+governor. He represented the radicals, but the conservatives at the same
+time carried the state legislature. A few negroes had been elected as
+members, and these were expelled on the ground that the right to hold
+office had not been conferred upon them by the new constitution. The
+supreme court of the state a few months later decided that since the
+rights of citizenship and of voting had been conferred upon them, the
+right to hold office belonged to them also unless expressly denied. In
+addition to unseating the blacks, the conservatives had admitted certain
+members who could not take the oath prescribed in the Fourteenth
+Amendment of the Constitution. Governor Bullock needed a legislature
+different from the one which had been elected, in order to accomplish
+certain ends which he had in view, and he seized upon these
+irregularities as a means of overturning the majority. He then raised an
+outcry, which he knew would stir the north,--that the blacks in Georgia
+were still terrorized by the Ku-Klux Klans.
+
+President Grant soon thereafter recommended that Congress take Georgia
+again in hand. This was done promptly. An act was passed directing
+Governor Bullock to call the legislature together and directing the
+legislature to reorganize itself in accordance with the oaths of office
+heretofore prescribed, including that of the Fourteenth Amendment; to
+exclude all persons who could not lawfully take those oaths and to admit
+all who had been expelled on account of color; also requiring Georgia to
+ratify the Fifteenth Amendment before her Representatives and Senators
+should be admitted to seats in Congress. The seventh section of the act
+authorized Governor Bullock to call for the services of the army and
+navy of the United States to enforce the provisions of the act. Under
+this authority, exercised by General Terry, twenty-four conservatives
+were expelled from the legislature and their places were filled by
+radicals, and the negroes formerly excluded were returned to their
+places. Even this did not satisfy Bullock. He went to Washington with a
+troop of carpet-baggers and a pocketful of money and railroad bonds and
+persuaded General Butler, who was chairman of the House Committee on
+Reconstruction, to bring in a bill for the restoration of Georgia
+similar to that of Virginia, with a proviso extending for two years the
+term of office of the present legislature, which would otherwise expire
+in November, 1870. Butler reported such a bill from his committee, but
+Bingham, of Ohio, offered an amendment to require a new election of the
+legislature at the time fixed in the state constitution, and this
+amendment was agreed to, in spite of Butler's opposition, by 115 to 71.
+
+The Georgia Bill was the subject of an exciting battle in the Senate
+where Trumbull supported the Bingham proviso against the efforts of
+Morton, Howard, Drake, Stewart, Sumner, Wilson, and all of the new
+Senators from the South, two of whom (those of Texas) were hastily
+admitted in time to vote on the Georgia question. The first vote was on
+the motion of Williams, of Oregon, to prolong the life of the existing
+legislature till November, 1872. One effect of so doing would be to
+save a seat in the United States Senate for a man who had been elected
+unlawfully. The vacancy would occur on March 4, 1871, and could be
+lawfully filled only by the legislature chosen next preceding that date.
+
+Williams's motion was voted down April 14, by a majority of one. On the
+19th of the same month, Trumbull made one of the great speeches of his
+public career, filling twelve columns of the _Congressional Globe_, on
+the Georgia question, demolishing the Bullock case and stirring public
+opinion strongly. The struggle was protracted till July 8, when the bill
+passed, as Trumbull desired, with the Bingham proviso.
+
+An editorial in the _Nation_ of May 26, 1870, tells, in brief compass,
+what took place while the Georgia Bill was the matter of chief concern
+in the Senate:
+
+     Our readers may remember that when Mr. Trumbull, some weeks
+     ago, made his severe summing up of the "Georgia difficulty," he
+     hinted in very plain terms that the patriots of the Bullock
+     faction had been guilty of both corruption and intimidation in
+     trying to get their "Reconstruction" bill through, installing
+     them in office for two years. By many people this charge was
+     ascribed partly to Mr. Trumbull's hatred of the black man, and
+     partly to his hostility to the pure and good of all colors, and
+     doubtless some asked themselves, as they asked themselves when
+     the Traitor Ross refused to give up his chair to Senator
+     Revels, for the sake of the dramatic unities: "What else can we
+     expect of a man who voted No on the Eleventh Article?"
+
+     [A committee of the Senate, appointed to look into the matter,
+     had taken a mass of testimony and submitted a report.] Their
+     finding is--and we blush to write it--that Bullock and his
+     friends have been for a long time in Washington, complaining of
+     the Ku-Klux Klan, and asking fresh guarantees for "the
+     persecuted Unionists" of Georgia; that somehow or other, while
+     there, they have had a great deal of money and railroad bonds,
+     which they seemed to have no particular use for, themselves;
+     that they tried unsuccessfully to purchase the votes of
+     Senators Carpenter and Tipton against the Bingham amendments;
+     that harrowing reports of "outrages" in Georgia were actually
+     prepared to order, like boots or dinners, furnished to them and
+     paid for; that the writing of threatening letters to Senators
+     was procured in the same manner; that $4000 was paid to that
+     good and great man, Colonel Forney, of the Washington
+     _Chronicle_, for "advertising and printing speeches and
+     documents," the Colonel's editorial denunciations of the
+     opponents of the Georgia Bill, we suppose, being thrown into
+     the bargain. The Washington correspondent of the Boston
+     _Advertiser_--a wicked fellow--adds that some of the witnesses
+     when first examined "were very loath to tell what they knew,
+     and indulged in the tallest kind of lying." The report of the
+     committee is unanimous.
+
+     The result of this exposé probably will be that the Georgia
+     question will at last, after a year's delay, filled with this
+     lying and intrigue and corruption, be settled at the outset, by
+     handing the State Government back to the electors on the same
+     terms as Virginia, and letting the "Bullock faction" go home
+     and find some means of gaining an honest livelihood.... We
+     cannot pass from this affair, however, without bearing hearty
+     testimony to the services which Mr. Trumbull has, by his
+     attitude in it from the very beginning, rendered to truth,
+     justice, good government, and civilization. He has made every
+     honest man, North and South, his debtor, not for being able,
+     for this he cannot help, but for being bold, and hitting hard.
+     "By Time," says Hosea Biglow, "I du like a man that ain't
+     afeared!"
+
+FOOTNOTES:
+
+[98] _Diary of Gideon Welles_, III, 10-12.
+
+[99] Boutwell, _Reminiscences_, II, 108.
+
+[100] This was the second time that Sumner had shunted the nation in the
+direction he desired it to go; the first time was when he filibustered
+the Louisiana Bill to death at the end of the Thirty-ninth Congress.
+Edward L. Pierce, his biographer and eulogist, writing in the early
+nineties, says rather dubiously: "For weal or woe, whether it was well
+or not for the black race and the country, it is to Sumner's credit or
+discredit as a statesman that suffrage, irrespective of race or color,
+became fixed and universal in the American system." (_Memoir and
+Letters_, I, 228.)
+
+[101] _Fifty Years of Public Service_, by Shelby M. Cullom, p. 146.
+
+[102] _Diary of Gideon Welles_, II, 484.
+
+
+
+
+CHAPTER XX
+
+IMPEACHMENT
+
+
+Early in 1867, Congress passed an act, originating in the Senate, to
+prevent the President from removing, without the consent of the Senate,
+any office-holders whose appointment required confirmation by that body.
+In its inception it was not intended to include members of the Cabinet,
+but merely to protect postmasters, collectors, and other appointees of
+that grade, whom the President, in his stump speech at St. Louis, had
+declared his intention to "kick out." Accordingly a clause was inserted
+excluding Cabinet officers from the operation of the measure.
+
+When the bill came before the House, a motion was made to strike out
+this exception, and it was at first negatived by a majority of four.
+Subsequently the motion was renewed and carried, but the Senate refused
+to concur. The differences between the two houses were referred to a
+committee of conference of which Sherman was a member. He had been
+extremely resolute heretofore in opposing the attempt to include members
+of the Cabinet, because he held that no gentleman would be willing to
+remain a member after receiving an intimation from his chief that his
+services were no longer desired. To this Senator Hendricks replied that
+it was not a question of getting rid of a _gentleman_, but of a man of
+different stamp, who might be in the Cabinet and desire to stay in. "The
+very person who ought to be turned out," he said, "is the very person
+who will stay in." The Conference Committee reported the following
+proviso, which was adopted by both houses:
+
+     That the Secretaries of State, of the Treasury, of War, of the
+     Navy, and of the Interior, the Postmaster-General, and the
+     Attorney-General shall hold their offices respectively for and
+     during the term of the President by whom they may have been
+     appointed and for one month thereafter, subject to removal by
+     and with the advice and consent of the Senate.
+
+Senator Doolittle, who opposed the bill _in toto_, pointed out that it
+did not accomplish what it aimed at: that is, it did not prevent the
+President from removing the Secretary of War. He showed that Stanton had
+never been appointed by Johnson at all. He was merely holding office by
+sufferance. The term of the President by whom he was appointed had
+expired and the "one month thereafter" had also expired; therefore, the
+proviso reported by the Conference Committee was futile to protect him.
+
+Sherman replied that the proviso was not intended to apply to a
+particular case or to the present President, and that Doolittle's
+interpretation of the phrase as not protecting Stanton in office was the
+true interpretation. He added that if he supposed that Stanton, or any
+other Cabinet officer, was so wanting in manhood and honor as to hold
+his office after receiving an intimation that his services were no
+longer desired, he (Sherman) would consent to his removal at any time.
+This declaration committed Sherman in advance to a definite opinion as
+to the President's right to remove Stanton whenever he pleased.
+
+The bill passed with the clause above quoted, all the Republican
+Senators present voting for it except Van Winkle and Willey, of West
+Virginia. Trumbull was recorded in the affirmative.
+
+At the first Cabinet meeting of February 26, the bill was considered,
+and all the members thought that it ought to be vetoed. "Stanton was
+very emphatic," says Welles, "and seemed glad of an opportunity to be in
+accord with his colleagues." (He had previously given his sanction to
+the Stevens Reconstruction Bill in opposition to his colleagues.) The
+President said he would be glad if Stanton would prepare a veto or make
+suggestions for one. Stanton pleaded want of time. The President then
+turned to Seward, who said that he would undertake it if Stanton would
+help him. This was agreed to, and the veto (based on the ground of
+unconstitutionality) was prepared and submitted by them at the Cabinet
+meeting of March 1. Stanton must have been aware of the colloquy between
+Sherman and Doolittle in which his name was mentioned, and he probably
+agreed with them in the opinion that he was not protected by the
+Tenure-of-Office Act. If he had thought differently he would hardly have
+favored the veto, or joined with Seward in writing it. The veto message
+was sent in on March 2, 1867, and the bill was passed by two thirds of
+both houses the same day.
+
+Few persons at the present time believe that there was any substantial
+ground for the impeachment of Andrew Johnson. The unsparing condemnation
+of history has been visited upon the whole proceeding, and the commonly
+received opinion now is that if the Senate had voted him guilty as
+charged in the articles of impeachment a precedent would have been made
+whereby the Republic would have been exposed to grave dangers. Trumbull
+was one of the so-called "Seven Traitors" who prevented that
+catastrophe.
+
+The first session of the Fortieth Congress began on March 4, 1867. The
+radical wing of the Republican party had been muttering about
+impeachment even earlier, and a resolution had been passed by the House
+on the 7th of January preceding, authorizing the Judiciary Committee to
+inquire into the official conduct of the President and to report whether
+he had been guilty of acts designed or calculated to "overthrow,
+subvert, or corrupt the Government of the United States, or any
+department or office thereof." On the 28th of February, the committee
+reported that it had examined a large number of witnesses and collected
+many documents, but had not been able to reach a conclusion and that it
+would not feel justified in making a final report upon so important a
+matter in the expiring hours of this Congress, even if it had been able
+to make an affirmative one. On the 29th of March following, the
+committee was instructed to continue its investigation.
+
+It accordingly continued its work and voted on the 1st of June, by 5 to
+4, that there was no evidence that would warrant impeachment; but at the
+earnest solicitation of the minority it kept the case open during the
+recess which Congress took from July to November. In this interval one
+member of the committee changed his vote and this change made the
+committee stand 5 to 4 in favor of impeachment. The report of the
+committee was presented by Boutwell, of Massachusetts, November 25,
+accompanied by a resolution that Andrew Johnson, President of the United
+States, be impeached for high crimes and misdemeanors. James F. Wilson,
+of Iowa, chairman of the committee, submitted a minority report adverse
+to impeachment, and the House on the 7th of December sustained Wilson
+and rejected the majority report by a vote of 57 to 108. Among those
+voting against impeachment were Allison, Bingham, Blaine, Dawes, Poland,
+Spalding, and Washburne, of Illinois. On the other side were Thaddeus
+Stevens, B. F. Butler, and John A. Logan. On the 5th of August, the
+President sent to Stanton a note of three lines saying that his
+resignation as Secretary of War would be accepted. Stanton replied on
+the same day declining to resign before the next meeting of Congress.
+The President thereupon decided to remove him regardless of
+consequences, but he felt the necessity of finding somebody to take the
+office who would be acceptable to the country. His choice fell upon
+General Grant, who was perhaps the only person whose appointment under
+the circumstances would not have caused a disturbance. No plausible
+objection could be raised against him in any quarter, not even by
+Stanton himself. Grant reluctantly consented to accept the place.
+Accordingly one week after Stanton had refused to resign, the President
+suspended him and appointed Grant Secretary _ad interim_ and so notified
+Stanton. The latter had undoubtedly made plans for retaining the office
+in defiance of the President and was chagrined to find that a man had
+been appointed whom he could not resist. Although a few months earlier
+he had advised the President that the Tenure-of-Office Law was
+unconstitutional and had assisted in writing the message vetoing it on
+that ground, he now denied the President's power to suspend him without
+the consent of the Senate, but said that he yielded to superior force.
+He then surrendered his office to Grant. Although the usual expressions
+of confidence and esteem were exchanged between himself and his
+successor, a residue of asperity remained in the breast of the retiring
+Secretary, who felt that the head of the army ought not to have enabled
+the President to get the better of him. But as a matter of fact Grant
+did not want the office. He accepted it only because he feared that
+trouble might follow from the appointment of somebody less familiar than
+himself with conditions prevailing in the South.
+
+On the 13th of January, 1868, the Senate, having considered the reasons
+assigned by the President for the suspension of Stanton from office,
+non-concurred in the same and sent notice to this effect to the
+President and to Grant. The latter considered his functions as Secretary
+_ad interim_ terminated from the moment of receipt of the notice and so
+notified the President, at the same time locking the door of his room
+and handing the key to the person in charge of the Adjutant-General's
+office in the same building.
+
+Under the terms of the Tenure-of-Office Law, Stanton returned and
+resumed his former place.
+
+On the 27th of January, a motion was made by Mr. Spalding in the House
+of Representatives that the Committee on Reconstruction be authorized to
+inquire what combinations had been made to obstruct the due execution of
+law and to report what action, if any, was necessary in consequence
+thereof. This resolution was adopted by a vote of 99 to 31. A few days
+later, on the motion of Thaddeus Stevens the evidence taken by the
+Committee on the Judiciary on the impeachment question was referred to
+the Committee on Reconstruction. Certain correspondence that had passed
+between General Grant and President Johnson relating to the retirement
+of the former from the War Office was also sent to the same committee.
+
+The correspondence between General Grant and the President here referred
+to gives a fresh illustration of Andrew Johnson's want of tact in
+dealing with men and events. He first made an accusation that Grant had
+failed to keep a promise that he had previously given that "if you
+[Grant] should conclude that it would be your duty to surrender the
+department to Mr. Stanton, upon action in his favor by the Senate, you
+were to return the office to me, _prior to a decision by the Senate_, in
+order that if I desired to do so I might designate somebody to succeed
+you." This letter was dated January 31, 1868. Grant replied (February
+3) denying that he had made any such promise, and saying that the
+President in making this accusation had sought to involve him in a
+resistance to law and thus to destroy his character before the country.
+Several other letters followed, including one from each member of the
+Cabinet, who was present when the matter was talked of between the two
+principals, all confirming the President's statements. The letters of
+Browning and Seward, however, tended to show that the President's desire
+was to make up a case for the Supreme Court, to decide whether he had a
+right under the Constitution to remove a Cabinet officer or not, and
+that he supposed that Grant had promised to coöperate with him to
+promote that end; but that whatever Grant might have promised, the
+sudden action of the Senate led him to believe that he could not delay
+his retirement without subjecting himself to the chance of fine and
+imprisonment under the Tenure-of-Office Law.[103]
+
+The quarrel between Johnson and Grant did not, however, help the
+impeachers, who were voted down in the Committee on Reconstruction,
+February 13, by 6 to 3, Stevens being in the minority.
+
+Stanton was now in a position of great embarrassment, being a member of
+the Cabinet by appointment of the Senate, but unable to attend Cabinet
+meetings. He was endowed with sufficient assurance for most purposes,
+but not enough to go to the White House and take a seat among gentlemen
+who would have looked upon him as an intruder and a spy. Johnson was
+advised by General Sherman and others to leave him severely alone.[104]
+
+If this advice had been followed, Stanton would have been exposed to
+ridicule ere long and the Senate could not have helped him to ward it
+off. But Johnson came to his rescue by making a fresh attempt to oust
+him. Eight days after Thaddeus Stevens's impeachment resolution had been
+voted down, two to one, in his own committee, the President sent a note
+to Edwin M. Stanton saying that he had removed him from the office of
+Secretary of War and appointed Lorenzo Thomas, the Adjutant-General of
+the Army, as Secretary of War _ad interim_. The new appointee
+immediately presented himself at the War Office and showing his
+authority demanded possession, which Stanton refused to yield.
+
+The tables were instantly turned. Stanton was no longer looked upon as
+holding an office with nothing to do except to draw his salary, but as a
+champion of the people defending them against a law-breaking President.
+Grant had warned Johnson months before that the public looked upon the
+Tenure-of-Office Law as constitutional until pronounced otherwise by the
+courts, and that although an astute lawyer might explain it differently
+the common people would "give it the effect intended by its framers,"
+that is, to protect Stanton.[105]
+
+This was sound advice. The revulsion in the public mind was electrical
+in suddenness and strength. The House of Representatives, which, on the
+7th of December, by nearly two to one had rejected an impeachment
+resolution recommended by its Judiciary Committee, now (February 24)
+adopted the same resolution by 128 to 47. Every Republican member who
+was present, including James F. Wilson, voted in the affirmative. A
+committee of seven was appointed to prepare articles of impeachment and
+present them to the Senate. Nine such articles were reported to the
+House on the 2d of March and two additional ones on the following day,
+all of which were agreed to, and seven members of the House were
+appointed as managers to conduct the impeachment, namely: John A.
+Bingham, George S. Boutwell, James F. Wilson, Benjamin F. Butler, Thomas
+Williams, John A. Logan, and Thaddeus Stevens.
+
+The trial began on the 5th of March, Chief Justice Chase presiding. The
+President was represented by Henry Stanbery, Benjamin R. Curtis, William
+S. Groesbeck, William M. Evarts, and Thomas A. R. Nelson. The House
+managers were overmatched in point of legal ability by the President's
+counsel, and still more by the facts in the case. The first eight
+articles of impeachment were based upon the President's attempt to
+remove Stanton and appoint Thomas as Secretary of War _ad interim_, but
+inasmuch as Senator Sherman had publicly declared that Stanton, being an
+appointee of Lincoln, was not protected by the Tenure-of-Office Law,
+and that he ought to be removed anyhow if he refused to resign at the
+President's request, it was deemed best by the impeachers to divide the
+offense into two parts. So the first article related only to the removal
+of Stanton and the second only to the appointment of Thomas. This, it
+was believed, would enable Sherman to vote not guilty on the first, but
+guilty on the second. He could vote that the President had a perfect
+right to remove his Secretary of War, but no right to fill the vacancy,
+and that any attempt on his part to do so would be a high misdemeanor,
+punishable by impeachment and removal from office. And so it turned out
+as regarded Sherman's vote, and also that of Senator Howe, of Wisconsin,
+who shared Sherman's view that Stanton was not protected by the law.
+
+The ninth article charged the President with having a conversation with
+General Emory, who commanded the military department of Washington, and
+saying to him that that portion of the Army Appropriation Act, which
+provided that all orders relating to military affairs should be issued
+through the General of the Army, or the officer next in rank, and not
+otherwise, was unconstitutional, thus seeking to induce said Emory to
+violate the provisions of said act.
+
+The tenth article recited that Andrew Johnson did at certain times and
+places make and "deliver with a loud voice certain intemperate,
+inflammatory, and scandalous harangues and did therein utter loud
+threats and bitter menaces as well against Congress as the laws of the
+United States duly enacted thereby, amid the cries, jeers, and laughter
+of the multitudes then assembled." Extracts from the speeches were
+embodied in this article, "by means whereof the said Andrew Johnson has
+brought the high office of President of the United States into
+contempt, ridicule, and disgrace, to the great scandal of all good
+citizens, whereby said Andrew Johnson, President of the United States,
+did commit, and was then and there guilty of, a high misdemeanor in
+office." This article was the production of General Butler.
+
+The eleventh article embraced the charge of seeking to prevent Stanton
+from resuming his office as Secretary of War, but not that of removing
+him from it (this to accommodate Sherman and Howe), and a _mélange_ of
+all the charges in the preceding articles, ending with a charge that the
+President had in various ways attempted to prevent the execution of the
+Reconstruction Acts of Congress. Thaddeus Stevens considered it the only
+one of the series that was bomb-proof, but the Chief Justice ruled that
+the Stanton matter was the only thing of substance in it, the residue
+being mere objurgation. The answer filed by the President's counsel set
+forth:
+
+First, that the Tenure-of-Office Law, in so far as it sought to prevent
+the President from removing a member of his Cabinet, was
+unconstitutional; that such was the opinion of each member of his
+Cabinet, including Stanton, and that Stanton among others advised him to
+veto it;
+
+Second, that even if the law were in harmony with the Constitution the
+Secretary of War was not included in its prohibitions, since the term
+for which he was appointed had expired before the President sought to
+remove him;
+
+Third, that it seemed desirable, in view of the foregoing facts, to
+secure a judicial determination of all doubts respecting the rights and
+powers of the parties concerned, from the tribunal created for that
+purpose; and to this end he had taken the steps complained of, and that
+he had committed no intentional violation of law.
+
+In answer to the eleventh article, the defendant said that the matters
+contained therein, except the charge of preventing the return of
+Stanton to the office of Secretary of War, did not allege the commission
+or omission of any act whatever whereby issue could be joined or answer
+made. As to the Stanton matter, his answer was already given in the
+answer to the first article.
+
+There were two theories rife in the Senate and in the country,
+respecting this trial. One was that impeachment was a judicial
+proceeding where charges of treason, bribery, or other high crimes or
+misdemeanors were to be alleged and proved; the Senators sitting as
+judges, hearing testimony and argument, and voting guilty or not guilty.
+This opinion was generally accepted at first, both in and out of
+Congress, and was the correct one. The other was that impeachment was a
+political proceeding which the whole people were as competent to decide
+as the Senate. This was the view taken by Charles Sumner and avowed by
+him in his written opinion while sitting as one of the sworn judges to
+vote guilty or not guilty, and it came to be the opinion prevailing in
+the Republican party generally before the case was ended. According to
+this view it was a question for the people to decide in their character
+as an unsworn "multitudinous jury." No method of arriving at, or of
+recording, their verdict was suggested or deemed necessary. To a person
+holding this view the trial itself was logically a waste of time, since
+a decision could have been reached without a scrap of testimony, or a
+single speech, on either side.
+
+The trial lasted from the 5th of March to the 16th of May, and the heat
+and fury of the contest both in and out of Congress became more intense
+from day to day. The impeachers lost ground in the estimation of the
+sober-minded and reflecting classes by their intemperate language, by
+their frantic efforts to bring outside pressure to bear upon Senators,
+and especially by their refusal to admit testimony offered to show that
+the President's intent was not to defy the law, but to get a judicial
+decision as to what the law was. The Chief Justice ruled that testimony
+to prove intent was admissible, and Senator Sherman asked to have it
+admitted, but it was excluded by a majority vote. Testimony to prove
+that Stanton advised the President that the Tenure-of-Office Law was
+unconstitutional and that he aided in writing the veto message was
+excluded by the same vote. Gideon Welles, under date April 18,[106] says
+that Sumner, who had previously moved to admit all testimony offered,
+absented himself when it was proposed to call the Cabinet officers as
+witnesses. Monday, May 11, the case was closed and the Senate retired
+for deliberation. The session was secret, but the views of Senators, so
+far as expressed, leaked out. "Grimes boldly denounced all the
+articles," says Welles, "and the whole proceeding. Of course he received
+the indignant censure of all radicals; but Trumbull and Fessenden, who
+followed later, came in for even more violent denunciation and more
+wrathful abuse."
+
+The vote was not taken until the 16th, and the intervening time was
+employed by the impeachers in bringing influence to bear upon Senators
+who had not definitely declared how they would vote. There were 54 votes
+in all; two thirds were required to convict. There were 12 Democrats,
+counting Dixon, Doolittle, and Norton, who had been elected as
+Republicans, but had been classed as Democrats since they had taken part
+in the Philadelphia Convention of August, 1866. If seven Republicans
+should join the twelve in voting not guilty, the President would be
+acquitted. Three had declared in the conference of Monday, the 11th, for
+acquittal, and they were men who could not be swerved by persuasion or
+threats after they had made up their minds. If four more should join
+with the three, impeachment would fail. Welles names as doubtful to the
+last Senators Anthony and Sprague, of Rhode Island, Van Winkle and
+Willey, of West Virginia, Frelinghuysen, of New Jersey, Morgan, of New
+York, Corbett, of Oregon, Cole, of California, Fowler, of Tennessee,
+Henderson, of Missouri, and Ross, of Kansas. He adds, May 14:
+
+     The doubtful men do not avow themselves, which, I think, is
+     favorable to the President, and the impeachers display distrust
+     and weakness. Still their efforts are unceasing and almost
+     superhuman. But some of the more considerate journals, such as
+     the New York _Evening Post_, Chicago _Tribune_, etc., rebuke
+     the violent. The thinking and reflecting portion of the
+     country, even Republicans, show symptoms of revolt against the
+     conspiracy.[107]
+
+The article in the New York _Evening Post_ of May 14, two days before
+the first vote was taken, is a column long. It can only be summarized
+here.
+
+     So long as the court sat, it says, decency forbade the
+     discussion of the issue elsewhere. It characterizes the
+     articles of impeachment in groups and severally, and says
+     Article XI "reads like a jest, in charging solemn official acts
+     of 1868 as done in pursuance of an extreme and excited
+     declaration, made to a crowd, in a political speech almost two
+     years before...." Impertinent issues were constantly pressed
+     upon the court from without. The New York _Tribune_ demanded
+     conviction and removal for breaking the Tenure-of-Office Act,
+     because, it said, the President was guilty of drunkenness,
+     adultery, treason, and murder. The investigation is of a sudden
+     changed in its nature by the advocates of conviction and
+     becomes a matter of politics, and no longer a judicial concern.
+     Senator Wilson leads off by violating an absolutely fundamental
+     principle of the life and law of every free people, i.e., the
+     principle that an accused man shall have the benefit of a
+     doubt, and be believed innocent until proved guilty. Wilson
+     says: "I shall give the benefit of whatever doubts have arisen
+     to perplex and embarrass me to my country rather than to the
+     Chief Magistrate." ... Here was a plain confession that to
+     obtain conviction a "first principle of public law must be
+     sacrificed; that one prominent judge, at least, would condemn
+     the accused, however conscientiously, from other than judicial
+     motives." It describes graphically the pressure brought to bear
+     upon the court and its shameless character, and quotes from the
+     New York _Tribune's_ flagrant attack upon Grimes, Trumbull, and
+     Fessenden, "three of the most honored statesmen and tried
+     patriots in the land." "Thus," it says, "a prominent party
+     organ tries to instigate the passions of the multitude to drive
+     the court to the judgment it desires."
+
+"In a meeting of the Republican Campaign Club on Tuesday evening," it
+continues, "Charles S. Spencer said that 'as a man of peace and one
+obedient to the laws, he would advise Senator Trumbull not to show
+himself on the streets in Chicago during the session of the National
+Republican Convention, for he feared that the representatives of an
+indignant people would hang him to the most convenient lamp-post.' And
+the meeting adopted and ordered to be sent to our Senators in Congress,
+a resolution, 'that any Senator of the United States elected by the
+votes of Union Republicans, who at this time blenches and betrays, is
+infamous, and should be dishonored and execrated while this free
+Government endures.'"
+
+The following is from the Chicago _Tribune_, May 14, 1868:
+
+     IMPEACHMENT
+
+     ... The man who demands that each Republican Senator shall
+     blindly vote for conviction upon each article is a madman or a
+     knave. Why a Senator, or any number of Senators, should be at
+     liberty to vote as conscience dictates on any of the articles,
+     provided there be a conviction on some one of them, and not be
+     at liberty to vote conscientiously unless a conviction be
+     secured, is only to be explained upon the theory that the
+     President is expected to be convicted no matter whether
+     Senators think he has been guilty or not. We have protested,
+     and do now protest, against the degradation and prostitution of
+     the Republican party to an exercise of power so revolting that
+     the people will be justified in hurling it from place at the
+     first opportunity. We protest against any warfare by the party
+     or any portion of it against any Senator who may, upon the
+     final vote, feel constrained to vote against conviction upon
+     one, several, or even all of the articles. A conviction by a
+     free and deliberate judgment of an honest court is the only
+     conviction that should ever take place on impeachment; a
+     conviction under any other circumstances will be a fatal error.
+     To denounce such Senators as corrupt, to assail them with
+     contumely and upbraid them with treachery for failing to
+     understand the law in the same light as their assailants, would
+     be unfortunate folly, to call it by the mildest term; and to
+     attempt to drive these Senators out of the party for refusing
+     to commit perjury, as they regard it, would cause a reaction
+     that might prove fatal not only to the supremacy of the
+     Republican party, but to its very existence. Those rash papers
+     which have undertaken to ostracise Senators--men like Trumbull,
+     Sherman, Fessenden, Grimes, Howe, Henderson, Frelinghuysen,
+     Fowler, and others--are but aiding the Copperheads in the
+     dismemberment of our party.
+
+From the _Nation_, May 14, 1868.
+
+     ... Can any party afford to treat its leading men as a part of
+     the Republican press has been treating leading Republicans
+     during the last few weeks? Senators of the highest character,
+     who, in being simply honest and in having a mind of their own,
+     render more service to the country than fifty thousand of the
+     windy blatherskites who assail them, have been abused like
+     pickpockets, simply because they chose to think. We have,
+     during the last week, heard language applied to Mr. Fessenden
+     and Mr. Trumbull, for instance, which was fit only for a
+     compound of Benedict Arnold and John Morrissey, and all their
+     colleagues have been warned beforehand, that if they pleaded
+     their oaths as an excuse for differing from anybody who
+     happened to edit a newspaper, they would be held up to
+     execration as knaves and hypocrites. Now, the class of men who
+     are most needed in our politics just now are high-minded,
+     independent men, with their hands clean and souls of their own.
+     Their errors of judgment are worth bearing with for the sake of
+     their character. Yet this class is becoming smaller and
+     smaller, falling more and more into disrepute. The class of
+     roaring, corrupt, ignorant demagogues, who are always on "the
+     right side" with regard to all party measures, grows apace;
+     and, if we are not greatly mistaken, if the Republican party
+     does not make short work with them before long, they will make
+     short work of it....
+
+When it became known that Grimes, Trumbull, and Fessenden would vote not
+guilty, the pressure from outside was redoubled upon others who had been
+reckoned doubtful, and especially upon Henderson, Fowler, and Ross.
+
+Even the General Conference of the Methodist Episcopal Church, then in
+session at Chicago, was called upon to lend a hand, and a motion was
+made on the 13th of May for an hour of prayer in aid of impeachment. An
+aged delegate moved to lay that proposal on the table, saying:
+
+     My understanding is that impeachment is a judicial proceeding
+     and that Senators are acting under an oath. _Are we to pray to
+     the Almighty that they may violate their oaths?_
+
+The motion to lay on the table prevailed. On the following day, however,
+Bishop Simpson offered a new preamble and resolution, omitting any
+expression of opinion that Senators ought to vote for conviction, but
+reciting that "painful rumors are in circulation that, partly by
+unworthy jealousies and partly by corrupt influences, pecuniary and
+otherwise, most actively employed, efforts were being made to influence
+Senators improperly, and to prevent them from performing their high
+duty"; therefore, an hour should be set apart in the following day for
+prayer to beseech God "to save our Senators from error." This cunningly
+drawn resolution was adopted without opposition. It was supposed to have
+been aimed at Senator Willey, of West Virginia, rather than at the
+Throne of Grace.
+
+Under the rules adopted for the trial each Senator was allowed to file a
+written opinion. That of Trumbull was the first one in the list. Among
+other things he said:
+
+     To do impartial justice in all things appertaining to the
+     present trial, according to the Constitution and laws, is the
+     duty imposed on each Senator by the position he holds and the
+     oath he has taken, and he who falters in the discharge of that
+     duty, either from personal or party considerations, is unworthy
+     his position, and merits the scorn and contempt of all just
+     men.
+
+     The question to be decided is not whether Andrew Johnson is a
+     proper person to fill the presidential office, nor whether it
+     is fit that he should remain in it, nor, indeed, whether he has
+     violated the Constitution and laws in other respects than those
+     alleged against him. As well might any other fifty-four persons
+     take upon themselves by violence to rid the country of Andrew
+     Johnson, because they believed him a bad man, as to call upon
+     the fifty-four Senators, in violation of their sworn duty, to
+     convict and depose him for any other causes than those alleged
+     in the articles of impeachment. As well might any citizen take
+     the law into his own hands and become its executioner as to ask
+     the Senate to convict, outside of the case made. To sanction
+     such a principle would be destructive of all law and all
+     liberty worth the name, since liberty unregulated by law is but
+     another name for anarchy.
+
+He then took up the articles of impeachment _seriatim_ and showed that
+they all hinged upon the removal of Stanton and the _ad interim_
+appointment of Thomas.
+
+     But even if a different construction could be put upon the law
+     [he continued], I could never consent to convict the Chief
+     Magistrate of a high misdemeanor and remove him from office for
+     a misconstruction of what must be admitted to be a doubtful
+     statute, and particularly when the misconstruction was the same
+     put upon it by the authors of the law at the time of its
+     passage.
+
+As to the charge that he (Trumbull) had already voted that the President
+had no authority to remove Stanton, he said:
+
+     Importance is sought to be given to the passage by the Senate,
+     before impeachment articles were found by the House of
+     Representatives, of the following resolutions: "Resolved by the
+     Senate of the United States, That under the Constitution and
+     laws of the United States the President has no power to remove
+     the Secretary of War and designate any other officer to perform
+     the duties of that office _ad interim_" as if Senators, sitting
+     as a court on the trial of the President for high crimes and
+     misdemeanors, would feel bound or influenced in any degree by a
+     resolution introduced and hastily passed before adjournment on
+     the very day the orders to Stanton and Thomas were issued. Let
+     him who would be governed by such considerations in passing on
+     the guilt or innocence of the accused, and not by the law and
+     the facts as they have been developed in the trial, shelter
+     himself under such a resolution. I am sure no honest man could.
+
+He concluded with these words:
+
+     Once set the example of impeaching a President for what, when
+     the excitement of the hour shall have subsided, will be
+     regarded as insufficient cause, and no future President will be
+     safe who happens to differ with a majority of the House and two
+     thirds of the Senate on any measure deemed by them important,
+     particularly if of a political character. Blinded by partisan
+     zeal, with such an example before them they will not scruple to
+     remove out of the way any obstacle to the accomplishment of
+     their purpose, and what then becomes of the checks and balances
+     of the Constitution so carefully devised and so vital to its
+     perpetuity? They are all gone. In view of the consequences
+     likely to flow from this day's proceedings, should they result
+     in conviction on what my judgment tells me are insufficient
+     charges and proofs, I tremble for the future of my country. I
+     cannot be an instrument to produce such a result, and at the
+     hazard of the ties even of friendship and affection, till
+     calmer times shall do justice to my motives, no alternative is
+     left me but the inflexible discharge of duty.
+
+Gideon Welles, under date May 16, says:
+
+     Willey, after being badgered and disciplined to decide against
+     his judgment, at a late hour last night agreed to vote for the
+     eleventh article, which was one reason for reversing the order
+     and making it the first.... Bishop Simpson, a high priest of
+     the Methodists and a sectarian politician of great shrewdness
+     and ability, had brought his clerical and church influence to
+     bear upon Willey through Harlan, the Methodist elder and organ
+     in the Senate.[108]
+
+So the managers vaulted over ten articles and began the roll-call on the
+last of the series. The vote resulted: guilty, 35; not guilty, 19. One
+less than two thirds had voted not guilty; so the President was
+acquitted on an article, the gravamen of which was the President's
+attempt to prevent Stanton from returning to office after the Senate had
+non-concurred in his removal. Sherman, Howe, and Willey had voted guilty
+on this article, but Henderson, Fowler, Ross, and Van Winkle had voted
+not guilty.
+
+The impeachers were stunned, and before they could collect their
+thoughts, the Chief Justice, in pursuance of a rule previously adopted,
+directed that the vote should now be taken on the first article. He was
+interrupted by a motion to adjourn, which he ruled out of order. An
+appeal from the decision was taken and sustained by a majority vote, and
+the Senate sitting as a court of impeachment adjourned for ten days. The
+utmost efforts and direst threats were brought to bear upon Senator Ross
+because he was believed to be weak and defenseless, but he remained
+firm. When the court reassembled on the 26th of May, the first article
+of impeachment, the one which charged the President with the high
+misdemeanor of removing Stanton from office, was jettisoned altogether,
+and votes were taken on the second and third articles, relating to the
+appointment of Thomas as Secretary _ad interim_. On both of these
+articles the result was identical in number and personnel with that on
+the eleventh article. Impeachment had failed. The court then adjourned
+_sine die_.
+
+The opposition to impeachment had some latent strength that was never
+officially disclosed. Sprague, of Rhode Island, and Willey, of West
+Virginia, attended the meetings of the Republican anti-impeachers and
+said they would vote not guilty if their votes should be needed.[109]
+The President was assured that Morgan would do the same.[110]
+
+On the same day, Edwin M. Stanton wrote a note to the President saying
+that inasmuch as impeachment had failed he had relinquished the War
+Department and had left the contents thereof in charge of the senior
+Assistant Adjutant-General. He then retired to his own home broken in
+health by hard labor and clouded in reputation by his retention of a
+place in the Cabinet in defiance of his chief. Not even success in
+maintaining his position could excuse such an act. Failure made it a
+glaring misdemeanor. An attempt has been made to shift the
+responsibility for his action to the shoulders of Sumner and his other
+backers in the Senate, who advised him to "stick." Undoubtedly they did
+so advise, and undoubtedly they believed, and persuaded him to believe,
+that it was a patriotic duty to commit a glaring breach of good manners
+and to persist in it for months; but the responsibility for such an act
+could not be assumed by other persons. Moreover, if it was a breach of
+the Constitution for the Senate to forbid the President to choose his
+own cabinet, as Stanton himself had affirmed, it was a breach of the
+Constitution for him to coöperate with the Senate in doing so.
+
+     The glory of the trial [says Mr. Rhodes][111] was the action of
+     the seven recusant Senators.... The average Senator who
+     hesitated finally gave his voice with the majority, but these
+     seven, in conscientiousness and delicacy of moral fibre, were
+     above any average, and in refusing to sacrifice their ideas of
+     justice to a popular demand, which in this case was neither
+     insincere nor unenlightened, they showed a degree of courage
+     than which we know none higher. Hard as was their immediate
+     future they have received their meed from posterity, their
+     monument in the admiring tribute of all who know how firm they
+     stood in an hour of supreme trial.
+
+In this comment there is now general concurrence. Even Ross has been
+immortalized by his resolute adherence to what he believed to be right.
+His trial was the hardest of all, because on the one hand he had no
+accumulated reputation to fall back upon, and on the other hand he had
+the most radical state in the Union to deal with. Moreover, he was
+desperately poor, his only property being a starving country newspaper.
+Ill-luck followed him after his term expired. A cyclone struck the town
+of Coffeyville, Kansas, and scattered the contents of his newspaper
+office over the adjacent prairie. Among the Trumbull papers is an appeal
+from the local relief committee for help to start Ross's newspaper
+again, and a donation from Trumbull of two hundred dollars for this
+purpose. Some forty years later, Ross died in New Mexico, old and poor.
+He had been a soldier in the Civil War. Congress by a special act voted
+him a pension, before his death. This was a solace on the brink of the
+grave and a tribute to his fidelity to principle in a trying hour. It
+was recognized as such and applauded by the press of the country without
+a discordant note. In the award of credit for adherence to convictions
+of duty in the trial of Andrew Johnson, three other Senators have been
+for the most part overlooked, namely, James Dixon, of Connecticut, James
+R. Doolittle, of Wisconsin, and Daniel S. Norton, of Minnesota. All of
+these were elected as Republicans and all of them walked in the fiery
+furnace along with the Seven, or rather preceded them thither. The
+reason why they have been neglected by the muse of history is that they
+started two years earlier. They went to the Philadelphia Arm-in-Arm
+Convention and thus became classified as Democrats. Edgar Cowan, of
+Pennsylvania, did likewise. His term expired, however, before
+impeachment reached the acute stage. Dixon and Doolittle had served
+through Lincoln's entire term. They approved of his Reconstruction
+policy and simply adhered to it after Johnson came in. They received a
+larger share of contumely as turn-coats and outcasts than the Seven,
+because they began to earn that distinction earlier. Doolittle accepted
+political martyrdom without a murmur. The legislature of Wisconsin
+passed resolutions denouncing his support of President Johnson and his
+policy and demanded his resignation as a Senator, and these resolutions
+were presented to the Senate by his colleague, Timothy O. Howe, and were
+answered by Doolittle on the floor of the Senate in a manly way. If
+there are laurels to be distributed at this late day, he and his three
+allies are entitled to "a far more exceeding and eternal weight of
+glory."
+
+Trumbull received his quota of abuse and vilification for his vote
+against impeachment from small-minded newspapers and local politicians.
+To these it seemed an infernal shame that he had still five years to
+serve in the Senate before they could turn him out. The only reply he
+ever made in writing, so far as I know, was in a letter dated May 20 to
+Gustave Koerner, which the latter caused to be published in the
+Belleville _Advocate_, reiterating in brief the views expressed in his
+opinion as a member of the court.
+
+Fessenden's unexpired term was shorter than Trumbull's. He was read out
+of the party rather prematurely. In the autumn following his vote on
+impeachment, George H. Pendleton, of Ohio, made his appearance as a
+stump speaker in Maine supporting the Democratic policy of "paying the
+bonds in greenbacks." This was a new issue in the East, and a rather
+puzzling one everywhere. Pendleton had been a candidate for the
+presidency in the national convention on that platform, but had fallen
+somewhat short of a nomination. Fessenden was the only man within reach
+able to meet him and expose his fallacies on the stump. The party was in
+danger of losing the state. It was obliged to call for the Senator's
+help. He responded favorably, took the field and routed the Greenbackers
+completely. This was his last victory. He had been in poor health for
+some years. Overwork and over-anxiety as chairman of the Finance
+Committee during the War, and later as Secretary of the Treasury, had
+told upon a feeble frame. He died September 2, 1869, and with him passed
+away the most clairvoyant mind, joined to the most sterling character,
+that the state of Maine ever contributed to the national councils.
+Whether, if his life and health had been spared, he could have been
+reëlected to the Senate, is doubtful. Gideon Welles was informed that he
+had not a friend in the Maine legislature. When his death was announced
+in the Senate, Trumbull said of him:
+
+     As a debater engaged in the current business of legislation the
+     Senate has not had his equal in my time. No man could detect a
+     sophistry or perceive a scheme or a job quicker than he, and
+     none possessed the power to expose it more effectually. He was
+     a practical, matter-of-fact man utterly abhorring all show,
+     pretension, and humbug.... But I did not rise so much to speak
+     of the great abilities and noble traits of character which have
+     made Mr. Fessenden's death to be felt as a national calamity,
+     as of the personal loss which I myself feel at his departure.
+     Only three others are now left who were here when I came to the
+     Senate, and there is but one who came with me. There has been
+     no one here since I came to whom I oftener went for counsel and
+     whose opinions I have been accustomed more to respect than
+     those of our departed friend. There were occasions during our
+     fourteen years of service together when we differed about minor
+     matters and had controversies, for the time unpleasant, but I
+     never lost my respect for him, nor do I believe that he ever
+     did for me. He was my friend more closely, perhaps, the last
+     year or two than ever before. Like other Senators I shall miss
+     him in the daily transactions of this chamber, and perhaps more
+     than any other shall miss him as the one person from whom I
+     most frequently sought advice. I am not one of those, however,
+     who believe that constitutional liberty, our free institutions,
+     or the progress of the age depend upon any one individual. When
+     the great and good Lincoln was stricken down, I did not believe
+     that the Government would fail, or liberty perish. Though his
+     loss may have subjected the country to many trials it would not
+     otherwise have had, still our Government stands and liberty
+     survives. Another has taken Mr. Fessenden's place; others will
+     soon occupy ours, to discharge their duties better, perhaps,
+     than we have done, and he among us to-day will be fortunate,
+     indeed, if, when his work on earth is done, he shall leave
+     behind him a life so pure and useful, a reputation so
+     unsullied, a patriotism so ardent, and a statesmanship so
+     conspicuous as William Pitt Fessenden.[112]
+
+Grimes had a stroke of paralysis while the impeachment trial was in
+progress, and it was feared that he could not be in his seat when the
+time for voting came, but he rallied sufficiently to be carried into the
+Senate Chamber and to rise upon his feet when his name was called. When
+he learned the nature of his malady he announced that he would not be a
+candidate for reëlection. Thus he was taken out of the reach of party
+vengeance, but though as pure as ice, he did not escape calumny.
+
+John B. Henderson died while this book was passing through the press. He
+was the only one of the Seven Traitors whom the Republican party
+publicly and formally forgave. He lost his seat in the Senate as he
+expected, and he retired to private life as a lawyer in the city of St.
+Louis. Twelve years passed. Two presidential lustrums of Grant and one
+of Hayes had erased from the hearts of men the burning sensations of
+impeachment. In 1884, a convention assembled in Chicago to nominate a
+candidate of the Republican party for the presidency. I happened to be
+there. On the second day of its sitting, the Committee on Permanent
+Organization reported the name of John B. Henderson, of Missouri, for
+permanent chairman. The assembled multitude knew at once the
+significance of the nomination and gave cheer after cheer of applause
+and approval. It was the signal that all was forgiven on both sides.
+Which side most needed forgiveness was not asked.
+
+In August, 1868, all the sorrows of Trumbull's public life were
+submerged and belittled by a domestic affliction. His wife, Julia Jayne
+Trumbull, died on the 16th of that month, at her home in Washington
+City, in the forty-fifth year of her age, and was buried in the cemetery
+of her native place, Springfield, Illinois. She was the mother of six
+children, all boys, three of whom were living at the time of her death.
+
+FOOTNOTES:
+
+[103] On the 3d of August, 1868, shortly after his acquittal, Johnson
+wrote a letter to Benjamin C. Truman, his former secretary, which gives
+his estimate of Grant and throws some new light on the politics of the
+time. There is nothing to show which of the Blairs was referred to as
+giving him advice as to the make-up of his Cabinet, but it was probably
+Montgomery. He says:
+
+"I may have erred in not carrying out Mr. Blair's request by putting
+into my Cabinet Morton, Andrew, and Greeley. I do not say I should have
+done so had I my career to go over again, for it would have been hard to
+have put out Seward and Welles, who had served satisfactorily under the
+greatest man of all. Morton would have been a tower of strength,
+however, and so would Andrew. No senator would have dared to vote for
+impeachment with those two men in my Cabinet. Grant was untrue. He meant
+well for the first two years, and much that I did that was denounced was
+through his advice. He was the strongest man of all in the support of my
+policy for a long while and did the best he could for nearly two years
+in strengthening my hands against the adversaries of constitutional
+government. But Grant saw the radical handwriting on the wall and heeded
+it. I did not see it, or, if seeing it, did not heed it. Grant did the
+proper thing to save Grant, but it pretty nearly ruined me. I might have
+done the same thing under the same circumstances. At any rate, most men
+would.... Grant had come out of the war the greatest of all. It is true
+that the rebels were on their last legs and that the Southern ports were
+pretty effectually blockaded, and that Grant was furnished with all the
+men that were needed, or could be spared, after he took command of the
+Army of the Potomac. But Grant helped more than any one else to bring
+about this condition. His great victories at Donelson, Vicksburg, and
+Missionary Ridge all contributed to Appomattox." (_Century Magazine_,
+January, 1913.)
+
+[104] Rhodes, _History of the United States_, VI, 104.
+
+[105] McPherson, _Reconstruction_, p. 307.
+
+[106] _Diary of Gideon Welles_, III, 335.
+
+[107] _Diary of Gideon Welles_, III, 355.
+
+[108] _Diary of Gideon Welles_, III, 358.
+
+[109] This fact is mentioned in Dunning's _Reconstruction_, p. 107, on
+the authority of ex-senator Henderson. The latter verbally made the same
+statement to me.
+
+[110] _Century Magazine_, January, 1913.
+
+[111] _History of the United States_, VI, 156.
+
+[112] _Cong. Globe_, 1869, p. 113.
+
+
+
+
+CHAPTER XXI
+
+THE McCARDLE CASE--GRANT'S CABINET--THE FIFTEENTH AMENDMENT
+
+
+In November, 1867, General Ord, commanding the military district of
+Mississippi, arrested and imprisoned an editor named W. H. McCardle, for
+alleged libelous and incendiary publications. McCardle applied to the
+United States Circuit Court for a writ of _habeas corpus_ under the same
+act of Congress which Milligan had successfully invoked. The writ was
+granted, a hearing was had, and the prisoner was remanded to the custody
+of the military authorities. McCardle took an appeal to the Supreme
+Court. The Attorney-General of the United States, Mr. Henry Stanbery,
+decided not to appear in the case. General Grant was at this time
+Secretary of War _ad interim_, and Stanbery notified him of the pending
+case and suggested to him the propriety of employing counsel to
+represent the military authorities having McCardle in custody. As this
+was a case involving the validity of the Reconstruction laws of
+Congress, General Grant took steps to defend, and addressed a letter to
+Senator Trumbull, dated January 8, 1868, saying: "This Department
+desires to engage your professional services, for that object." Trumbull
+replied on the 11th, accepting the employment, and saying that he should
+desire to have other counsel associated with him. A few days later he
+secured the assistance of Matt. H. Carpenter, of Wisconsin. A brief was
+prepared, and both Trumbull and Carpenter made oral arguments. McCardle
+was represented by Jeremiah S. Black.
+
+Trumbull's argument was made on the 4th of March. He contended that the
+court had no jurisdiction, and that, therefore, the appeal should be
+dismissed. The legislation of Congress on the subject was as follows:
+The Act of 1789, establishing the judiciary, did not give the right of
+appeal to the Supreme Court in _habeas corpus_ cases. It was omitted in
+order to avoid lumbering the docket of the highest tribunal with petty
+details. On the 5th of February, 1867, Congress passed an act granting
+the right of appeal to the Supreme Court in such cases, in order to
+protect negroes and white Unionists in the South. The last clause of the
+act was in these words:
+
+     This act shall not apply to the case of any person who is or
+     may be held in the custody of the military authorities of the
+     United States _charged with any military offense_, or with
+     having aided or abetted rebellion against the Government of the
+     United States prior to the passage of this act.
+
+It was Trumbull's contention that McCardle fell within this exception,
+and hence that the right of appeal, so far as he was concerned, did not
+exist.
+
+Congress was in trepidation as to the outcome of the case and was
+resolved to take no chances on it. Various legislative remedies were
+proposed. One was to require a unanimous vote of the Supreme Court to
+pronounce any act of Congress unconstitutional and void. A bill
+requiring a two-thirds vote of the court in such cases actually passed
+the House on the 13th of January by yeas 116, nays 39, but it was never
+considered by the Senate. The end was accomplished, however, in a
+different way. The Senate had passed a bill of only one section,
+reported by Williams, of Oregon, from the Committee on Finance, to amend
+the code of judicial procedure in revenue cases. The House attached to
+this bill another section repealing so much of the Act of February 5,
+1867, as authorized an appeal to the Supreme Court in the class of
+cases therein named, and withdrawing from the Supreme Court jurisdiction
+as to appeals already taken. This bill passed the House March 13, 1868,
+without a division. It was taken up in the Senate on the motion of
+Senator Williams and passed by a vote of 32 to 6 the same day, although
+Senators Buckalew and Hendricks asked for an explanation of its meaning,
+which was not given to them.
+
+Although Buckalew and Hendricks did not have time to find out the nature
+of this bill, Andrew Johnson did. In due time he returned it to the
+Senate with a veto message, exposing it as a measure to deprive citizens
+of their rights under existing law and to arrest proceedings already in
+course of judicial determination. On this veto there was a debate in the
+Senate beginning on March 25, 1868, in which the Democrats, led by
+Hendricks, had decidedly the best of it. The supporters of the bill had
+very little to say for themselves. Trumbull contended that the bill did
+not affect any case then pending in the court, but in this debate he was
+worsted by Doolittle, who showed that it applied to the McCardle case.
+Trumbull and Carpenter had argued that the Supreme Court had no
+jurisdiction, since military cases were not appealable under the Act of
+February 5, 1867. The court had ruled against them because McCardle was
+arrested, not for a military, but for a civil offense. It still remained
+to be determined whether the court below had jurisdiction. Trumbull was
+confident that the Supreme Court would hold that the lower court had no
+such jurisdiction, in which case the appeal would fail and the bill
+vetoed by the President would be nugatory as to McCardle. Doolittle in
+reply showed that the bill did cut off McCardle's rights as an
+appellant, and the Supreme Court so held in the month of December
+following, when it dismissed the petition expressly on the ground that
+its jurisdiction had been withdrawn by the Act of March 27, 1868. The
+bill was passed over the veto on that date, by 33 to 9 in the Senate and
+by 115 to 34 in the House. It was partisan legislation. The Republicans
+drew a long breath after its passage because they had apprehended
+another Milligan decision, undermining, perhaps, the whole fabric of
+Congressional Reconstruction. Had not the court been deterred by the
+critical condition of public affairs, it might with perfect propriety
+have retained its jurisdiction and decided in favor of McCardle, since
+the Act of March 27 was glaringly unjust as to him. But the judges were
+intimidated by the awful pother o'er their heads and were glad of an
+excuse to drop McCardle.
+
+It was not so easy to drop Trumbull, however. He was both Senator and
+retained counsel in this case. Therefore he ought not to have used the
+former position to help his own side in the litigation. The bill did not
+originate with him, or his committee, but he voted for it twice,
+although his vote was not needed. There was a two-thirds majority
+without him. True, he maintained that the bill did not apply to
+McCardle, but most of the Senators who took part in the debate held that
+it did. In a case of doubt involving the rights of a litigant, he ought
+to have refrained from voting.
+
+Eventually he received $10,000 as compensation for legal services in
+this and one other case in which he had been retained by the War
+Department. The amount was fixed by Stanton, and was paid in part by him
+and in part by Secretary Rawlins after Grant became President. Somewhat
+later this payment became a subject of criticism in hostile newspapers;
+and inasmuch as the McCardle case had been tried during Johnson's
+Administration, it was hastily assumed that it had had some shady
+connection with Trumbull's vote of not guilty in the impeachment case.
+When it became evident that the opponents of Johnson were the ones who
+had employed him and fixed the amount to be paid, the accusers said that
+his action was contrary to law and that he ought not to have taken any
+pay at all for legal services to the Government while he was a Senator.
+This charge was made by Chandler, of Michigan, on the floor of the
+Senate, and it led to a sharp debate, in which Chandler was called to
+order by the Vice-President for using unparliamentary language.
+
+There was a law, enacted in 1808, prohibiting executive officers of the
+Government from making contracts with members of Congress, and
+prohibiting the latter from receiving payment therefor. This law did not
+apply in terms to legal services, and the presumption was that it did
+not apply to them in spirit, since there were precedents for such
+employment of members of Congress as late as 1864, when Roscoe Conkling,
+then a member of the House from New York, had been employed by the War
+Department and had been paid for the service rendered.
+
+Chandler, in the debate, quoted an opinion of Attorney-General Wirt,
+given in 1828, to the effect that although the circumstances attending
+the passage of the Act of 1808 showed that Congress was then legislating
+on contracts for carrying the mails and for the purchase of supplies and
+not for legal services, yet, in his belief, the law was broad enough to
+include such services. An opinion of an Attorney-General, however, was
+not binding on Senators.
+
+Trumbull replied that the law had been settled differently as to legal
+services, and that the only prohibition then in force was against
+Congressmen practicing for compensation in the Court of Claims or before
+the executive departments. In this contention he could hardly fail to
+be correct, since all such laws later than 1861 had emanated from, or
+had passed through, the committee of which he was chairman. The
+governing statute was the act of June 11, 1864, introduced by Senator
+Wade, in 1863. As originally drawn, it prohibited Congressmen from
+practicing for or against the Government before any court, or
+department; but the word "court" was stricken out while it was pending
+in the Senate, and this was good evidence to show what the intention of
+Congress was.
+
+Although the payment was certainly legal, it would have been better for
+Trumbull if he had not taken it. Whenever he came before the people for
+public preferment thereafter, the Chandler accusation was brought
+against him afresh and it required a new refutation.
+
+       *       *       *       *       *
+
+After the impeachment fiasco was ended, the nomination of Grant for
+President by the Republican party was inevitable--not because he was a
+Republican, but because he was the only man whom the party could
+certainly elect. Until he quarreled with Andrew Johnson, nobody knew
+which side he favored. Indeed, the Democrats, until that time, had
+looked hopefully to him as a possible candidate for themselves.
+
+The convention which nominated him was confronted by the fact that
+Congress had imposed negro suffrage on the South, while some of the
+largest Northern States had not yet adopted it, but had flatly refused
+to do so. The platform committee, therefore, reported, and the
+convention adopted, a resolution declaring:
+
+     The guaranty by Congress of equal suffrage to all loyal men at
+     the South was demanded by every consideration of public safety,
+     of gratitude, and of justice, and must be maintained, but the
+     question of suffrage in all the loyal states properly belongs
+     to the people of those states.
+
+Grant was nominated unanimously May 20, 1868, and Schuyler Colfax was
+nominated as Vice-President. The Democrats nominated Horatio Seymour for
+President and Frank P. Blair for Vice-president. In the election, Grant
+and Colfax received 214 electoral votes and Seymour and Blair 80.
+
+Grant's first Cabinet was a conglomerate which stupefied the
+politicians. For Secretary of State he named Elihu B. Washburne, of
+Illinois. Washburne had represented the Galena District in Congress
+continuously and creditably for twelve years, and was just entering upon
+a new term. He was a fellow townsman of Grant when the war broke out and
+had recommended him to Governor Yates as a military helper, and from
+that time onward had been his stanch and unwavering supporter. When
+Grant fell into disfavor after the battle of Shiloh, and almost
+everybody in Washington was clamoring against him, Washburne fairly
+roared on the other side, and contended not only that he ought to be
+retained in his place, but that he ought to be promoted to Halleck's
+place in command of all the Western armies--and here he was right. His
+personal relations with the General had been so close and his services
+so conspicuous that there was a general expectation that he would have a
+place in the Cabinet; but nobody supposed that it would be the
+Department of State, for which he was wholly unfitted. Although a man of
+ability, tenacity, and long experience in public affairs, he was
+impulsive, headstrong, combative, and unbalanced. The Department of
+State was regarded then as the premier position, where equipoise was the
+chief requisite, and this quality Washburne lacked.
+
+Grant had chosen James F. Wilson, of Iowa, as Secretary of State and
+Wilson had accepted the appointment. He had been a leading member of the
+House and chairman of its Judiciary Committee, and had been consulted by
+Grant on the most important matters connected with his duties as
+Secretary of War _ad interim_, including his correspondence with Andrew
+Johnson after he had resigned that office. Wilson had declined a
+reëlection to Congress because he wished to retire from public life, and
+he accepted the appointment offered by Grant with reluctance and only at
+the urgent solicitation of the latter.
+
+Washburne had been promised the office of Minister to France. When he
+knew that Wilson was to be appointed Secretary of State, he went to
+Grant and asked that the appointment of Secretary might be conferred
+upon himself temporarily so as to give him prestige in his office as
+Minister. Grant saw no objection to this, but he asked Wilson's
+permission first. Wilson did not relish the proposition, but he
+consented, on condition that Washburne should not take any action as
+Secretary, either in the way of appointments to office or the
+announcement of policies. As soon as Washburne had been confirmed by the
+Senate, he began to make appointments and announce policies, and Grant
+did not immediately call him to order. Wilson accordingly notified Grant
+that as the conditions had been broken he would not now accept the
+office. Grant then compelled Washburne to resign. But meanwhile Wilson
+had gone to New York en route to his home in Iowa, and a messenger (A.
+D. Richardson) was sent after him by Grant to urge him to change his
+mind; he declined to do so, in terms, however, which preserved their
+friendship unimpaired.[113]
+
+"Who ever heard before of a man nominated Secretary of State merely as a
+compliment?" was Fessenden's comment on the Washburne episode.
+
+Wilson afterward served a term in the United States Senate. He was a
+good lawyer, a man of sound judgment, of probity and stability of
+character, and would have filled the office of Secretary of State
+creditably if not brilliantly. When Grant found that Wilson's purpose to
+withdraw could not be changed he offered the place to Hamilton Fish, who
+accepted it.
+
+Grant's mishaps in filling the Treasury Department were quite as droll
+as the foregoing. He first sent in the name of Alexander T. Stewart, the
+great dry-goods merchant of New York, as Secretary. Stewart was a
+Scotch-Irishman who had migrated as a young man, and had taken up the
+vocation of a school-teacher in his adopted country. Of his start in
+life he was very proud. He kept a well-thumbed copy of the New Testament
+in Greek on the centre table of his hospitable mansion, which he was
+fond of exhibiting to his guests as one of the tools of trade with which
+he began his career in America. Pedagogy, however, did not detain him
+long. He had brought some capital from the old country and he turned his
+attention to silks and muslins, and by diligence, skill, and integrity
+had reached the foremost place in the nation as a merchant, before the
+outbreak of the Civil War. His wholesale business was chiefly with the
+South, and this part of it was suddenly obliterated in 1861. Yet he
+recovered his leadership in dry goods before the war ended, and was then
+rated as third in the list of rich men in the United States, the names
+of Astor and Vanderbilt only being placed higher.
+
+Nobody knew, at the time when he was named for a place in the Cabinet,
+what political party he belonged to or favored. His most intimate
+friend and counselor was Henry Hilton, a Democratic ex-judge, potent in
+Tammany Hall. That fact, however, implied no political bias on the part
+of Stewart. Hilton was his watch-dog at the place where the local taxing
+and blackmailing power lay. Nor did Grant have any political aims or
+thought in selecting Stewart for the portfolio of the Treasury. He chose
+him because great wealth appealed strongly to the imagination of one who
+had had severe struggles with poverty, and because he reasoned that a
+man who had been very successful in his private business would
+necessarily know how to manage the public business. Both Sumner and
+Gideon Welles said that Stewart had made a gift of considerable amount
+to Grant.
+
+The nomination of Stewart was scoffed at by nearly everybody in
+Washington, but it was well received by the press and no Senator dared
+to vote against it. It was presently discovered, however, that he could
+not legally hold the office, as he was disqualified by a law of 1789,
+which provided that nobody engaged in trade or commerce, nor any owner
+of a seagoing vessel, nor any dealer in public lands or in public
+securities, should be eligible. Stewart had not been a candidate for the
+position, or for any position, but when it was offered to him, he
+thought he would like to have it, and to this end he proposed to retire
+temporarily from trade and commerce, and put his business in the hands
+of trustees for charitable use, in order to meet the requirements of
+law. The President also requested Congress to change the law so that he
+might be qualified. Congress, however, did not think it desirable to
+trim the law to fit a particular case, and Stewart did not raise his
+bid. After a week's delay the President sent in the name of George S.
+Boutwell, of Massachusetts, for Secretary of the Treasury, and he
+entered upon the duties of the office with general satisfaction.
+
+When the name of Adolph Borie was announced for Secretary of the Navy,
+everybody began to ask, Who is Borie? Even Admiral Farragut had never
+heard of him. The answer came that he was a rich man in Philadelphia who
+had entertained General Grant handsomely on some occasion when he was
+temporarily in that city. Sumner said in his speech of May 31, 1872,
+that he also had made a gift to Grant. He retained the position of
+Secretary only three months. He then resigned and recommended George M.
+Robeson, a lawyer of New Jersey, as his successor, and the latter was
+appointed. Robeson was as little known as Borie had been before he was
+appointed, but he was not the same kind of nonentity.
+
+John A. J. Cresswell, of Maryland, who became Postmaster-General, had
+been a member of Congress. If there was not much to be said for him,
+there was nothing at all to be said against him.
+
+John A. Rawlins, Grant's chief-of-staff during the war, a man of high
+character and ability, chose himself for Secretary of War, and
+communicated his preference to his chief through General James H.
+Wilson, who was on terms of intimacy with both parties. Grant received
+the communication favorably and sent the name of Rawlins to the Senate
+and here he made no mistake. But Rawlins lived less than a year after
+his appointment.
+
+The two remaining members of the Cabinet, General Jacob D. Cox, of Ohio,
+Secretary of the Interior, and E. R. Hoar, of Massachusetts,
+Attorney-General, were ideal selections. The former had been governor of
+his state and had served with distinguished valor and efficiency in the
+Civil War. The latter was a man of sparkling wit and conversational
+powers, which, however, did not outshine his solid qualities of mind
+and character. Both these men came early into collision with the "spoils
+system," which afflicted the whole of Grant's administration with
+ever-increasing virulence. Both of them fought a losing battle with it,
+as did George William Curtis, who essayed, in a humbler capacity, to
+grapple with it. All three were retired, or retired voluntarily, before
+the end of Grant's first term.
+
+       *       *       *       *       *
+
+The plank in the Republican platform forcing negro suffrage upon the
+South, but leaving it optional with the Northern States, was too brazen
+to be long maintained. Moreover, there was danger lest this right of the
+negroes should be taken from them after the Southern States should have
+recovered the right to amend their own constitutions. These things
+absorbed the attention of the Fortieth Congress during the last month of
+its existence.
+
+On January 30, 1869, the House passed an amendment to the Constitution
+by more than two-thirds majority in these words:
+
+     The right of any citizen of the United States to vote shall not
+     be denied or abridged by the United States or any state by
+     reason of race, color, or previous condition of slavery of any
+     citizen or class of citizens of the United States.
+
+In the Senate, Vickers, of Maryland, moved to amend by providing that
+the right to vote should not be denied because of participation in the
+rebellion. This was rejected by 21 to 32, but it received the votes of
+eleven Republicans, among whom were Grimes, Harlan, Trumbull, and
+Wilson. Wilson, of Massachusetts, moved to add the words "nativity,
+property, education, or creed" to the words "race or color," and this
+was adopted by 31 to 27, Trumbull voting in the negative. The House
+rejected the amendment by 37 to 133 and sent it back to the Senate,
+which, by a vote of 33 to 24, receded from its amendment. The vote was
+then taken on concurring in the House Resolution as originally
+presented, and it failed by 31 to 27, not two thirds.
+
+The Senate then took up a resolution that had been previously reported
+by the Committee on the Judiciary which was similar in terms to the one
+originally passed by the House, except that it added the words "and hold
+office" after the word "vote." The resolution was passed by 35 to 11 and
+sent to the House. Logan, of Illinois, moved to strike out the words
+"and hold office." This was defeated. Bingham, of Ohio, moved to insert
+the words "nativity, property, or creed," after the word "color." This
+was adopted by 92 to 71, and the resolution passed by 140 to 37. The
+Senate disagreed to both of the House amendments. The measure then went
+to a Conference Committee consisting of Senators Stewart, Conkling, and
+Edmunds, and Representatives Boutwell, Bingham, and Logan, who reported
+in favor of Logan's amendment and against Bingham's, and in this shape
+the resolution passed both houses by the requisite majorities. If the
+word "nativity" had been retained the Southern States could not have
+disfranchised the negroes by means of the "Grandfather Clause," as some
+of them did. Morton, of Indiana, predicted that the South would find
+means of circumventing the clause if the prohibitions were limited to
+race, color, and servitude. When Morton came to Washington as Senator he
+was bitterly opposed to negro suffrage. He was now so hot for it that he
+shared the leadership of the radicals with Sumner.
+
+The Fifteenth Amendment as finally passed by Congress, February 26,
+1869, was in these words:
+
+     ARTICLE XV
+
+     SECTION 1. The right of citizens of the United States to vote
+     shall not be denied or abridged by the United States, or by any
+     state, on account of race, color, or previous condition of
+     servitude.
+
+     SECTION 2. The Congress shall have power to enforce this
+     article by appropriate legislation.
+
+It was declared ratified by the legislatures of twenty-nine states on
+March 30, 1870. Ohio at first rejected, but later ratified it. New York
+at first ratified, but later reconsidered and rejected it.
+
+FOOTNOTES:
+
+[113] Mr. Wilson communicated these facts to me at the time of their
+occurrence, and the correctness of this narrative has been confirmed by
+Major-General Grenville M. Dodge, who was then in close communication
+with both parties.
+
+
+
+
+CHAPTER XXII
+
+CAUSES OF DISCONTENT
+
+
+     It looks at this distance as though the Republican party was
+     "going to the dogs"--which, I think, is as it should be. Like
+     all parties that have an undisturbed power for a long time, it
+     has become corrupt, and I believe that it is to-day the [most]
+     corrupt and debauched political party that has ever existed....
+     I have made up my mind that when I return home I will no longer
+     vote the Republican ticket, whatever else I may do.
+
+So wrote James W. Grimes to Trumbull under date of Heidelberg, July 1,
+1870. Grimes had had a stroke of paralysis while the impeachment trial
+was going on, but had rallied sufficiently to be carried into the Senate
+to vote not guilty on every article on which a vote was taken, and to
+give his reasons for doing so. He shortly afterwards resigned his seat,
+announced his retirement from public life, and went to Europe with his
+family. He was a native of the Granite State, a man of granite mould, of
+unblemished character, undaunted courage, keen discernment, and untiring
+industry. In Newspaper Row he was styled "Grimes the Sturdy"--a title
+bestowed upon him by Adams Sherman Hill, then on the Washington staff of
+the New York _Tribune_, and later Professor of Rhetoric in Harvard
+University.
+
+Grimes's estimate of the Republican party in 1870 was widely shared.
+Reconstruction, measured by the results of five years, was a failure,
+being a confused medley of ignorant negro voters, disfranchised whites,
+disreputable carpet-baggers, and corrupt legislatures. The civil service
+was honeycombed with whiskey rings, custom-house frauds, assessments on
+office-holders, nepotism, and general uncleanness. President Grant had
+transferred his army headquarters to the White House. When he wanted to
+have anything done in which he felt a deep interest, he chose an
+aide-de-camp for the purpose instead of a civilian, and he never dreamed
+that anybody would be surprised or vexed when he sent Major Babcock to
+San Domingo to negotiate a treaty for the purchase of that country for
+the sum of $1,500,000, without the knowledge of the Secretary of State
+or any member of the Cabinet. He called at Sumner's house to secure his
+support for the ratification of the treaty, found him dining with John
+W. Forney and Ben Perley Poore, and had a hasty talk with him about a
+treaty concerning San Domingo, no details being mentioned. He addressed
+Sumner as chairman of the Judiciary Committee, to which he supposed it
+would be referred, and hoped Sumner would approve of the treaty. Sumner
+replied that he was an Administration man and that he would give very
+careful and candid consideration to anything which the President
+desired.
+
+This was the beginning of an Iliad of woes. Grant understood Sumner's
+answer as a promise to support the treaty, whereas Sumner meant no more
+than his words signified, that he would consider it on its merits, but
+in a friendly spirit. It was not his custom to promise to support
+treaties before seeing them. When he came to consider this one, he found
+that he could not support it. Not only was Sumner's judgment adverse,
+but that of the press and other organs of public opinion was decidedly
+so. The treaty was rejected by a tie vote (two thirds being required to
+ratify). Grant put all the blame of rejection on Sumner. He thought that
+the latter had broken a promise and intentionally deceived him. He
+marked Sumner for destruction, and determined to have the treaty
+ratified in spite of him, if possible. A commission of investigation had
+been authorized by Congress, after the rejection of the treaty, to visit
+San Domingo, and report upon the advisability of the purchase. This was
+by way of letting the President down easy rather than with any serious
+purpose of carrying out his wishes. The commission consisted of Benjamin
+F. Wade, Andrew D. White, and Samuel G. Howe. While it was at work steps
+were taken to reorganize the Senate Committee on Foreign Relations.
+
+Who prompted that movement was never divulged, but the attempt and its
+failure were narrated somewhat later by Senator Tipton, of Nebraska, in
+open Senate, without contradiction. Tipton said that at the beginning of
+the Third Session of the Forty-first Congress, a motion was made in the
+Republican Senate Caucus to depose Sumner from the chairmanship of the
+committee and to remove Schurz, of Missouri, and Patterson, of New
+Hampshire, from membership altogether.[114] All three had voted against
+San Domingo. The motion had been negatived at that time, but the purpose
+had not been abandoned.
+
+The second vote on deposing Sumner took place in the Senate March 10,
+1871, on a report made by Senator Howe, of Wisconsin, from the
+Republican Caucus, for the assignment of committees for the First
+Session of the Forty-second Congress. The Committee on Foreign
+Relations, as reported, had the name of Cameron as Chairman, and Sumner
+was not even a member of it. Then a debate began on the unusual step
+taken by the caucus committee in deposing Sumner, without his own
+consent, from a place which he had held acceptably during all the time
+that the Republicans had controlled the Senate. Wilson, Schurz, Logan,
+Tipton, and Trumbull spoke against the action of the Caucus Committee.
+Trumbull said:
+
+     I am not the special friend of the Senator from Massachusetts.
+     He and I, during our long course of service here, have had
+     occasion to differ, and differ, I am sorry to say,
+     unpleasantly. But, sir, that will not prevent me from trying to
+     do justice to the Senator from Massachusetts. I stood by him
+     when he was stricken down in his seat by a hostile party, by
+     the powers of slavery. I stand by him to-day when the blow
+     comes, not from those who would perpetuate slavery and make a
+     slave of every man that was for freedom, but comes from those
+     who have been brought into power as much through the
+     instrumentality of the Senator from Massachusetts as of any
+     other individual in the country.
+
+     But, sir, this question has been brought before us, and what
+     shall we do? I tried to avoid it. I have appealed to my
+     associates and I have said to them: "We are very much divided;"
+     I say to them now: "We are very much divided." A few votes one
+     way or the other constitute the majority in the Republican
+     party; now is it desirable, is it best, to force such a change
+     with such an opposition as has manifested itself here? What is
+     to be gained by it? I will not undertake to warn the Republican
+     party of the consequences.... I would that this debate had not
+     occurred, that we could have paused at the outset when we saw
+     this difference of opinion, and that there could have been some
+     concession even to those in the minority which would have
+     avoided this state of things.
+
+Senator Sherman deprecated the action of the majority. He regarded the
+change "unjustifiable, impolitic, and unnecessary," yet he offered
+Sumner advice, like that of a doctor to a child respecting a dose of
+castor oil--to throw his head back and take it off quick, because it
+would do him good, thus:
+
+     Therefore, while I feel bound to utter my opinion that this is
+     an unwise proceeding, made without sufficient cause, yet in my
+     judgment it ought not to be debated here. It is settled; and
+     if my honorable friend from Massachusetts, the senior senator
+     in this body, wishes to add another good work in his services
+     to his country, in his services to the Republican party, he
+     cannot do better than rise in his place and say that, if for
+     any reason, whether sufficient or insufficient, a majority of
+     his political associates think it better for him to retire from
+     this position, he yields gracefully to their wish; and I tell
+     him that a new chaplet will crown his brow, and when his
+     memoirs are written this will be regarded as one of the
+     proudest opportunities of his life.[115]
+
+Tipton let the cat out of the bag again by reading from some notes he
+had made of the proceedings of the caucus of the previous day. He said
+that Senator Howe in the caucus had defended the action of the committee
+in displacing Sumner, on the ground that the Committee on Foreign
+Relations was not in harmony with the Senate on the subject of San
+Domingo, and that in order to correct this disagreement a change was
+necessary; whereas Mr. Howe, and all the others who were for displacing
+Sumner, now contended that San Domingo had nothing to do with it. Tipton
+begged leave to say also that Howe was wrong in his contention that the
+Committee on Foreign Relations was not in harmony with the Senate, the
+vote on the treaty having been 28 to 28 (a tie vote operated as a
+negative). In other words, the Senate had sustained the committee, and
+there was no disagreement to be rectified.
+
+Thereupon Sherman called Tipton to order for divulging the secrets of
+the caucus, and Tipton replied that he had read all the proceedings of
+the caucus in the morning papers, including the names of the Senators in
+the call of the yeas and nays, 26 to 21, and that there was only one
+error in the whole report and that a trifling one. Sherman retorted that
+perhaps Tipton had furnished the report to the newspapers, but the
+latter denied it. Sherman then insisted that the newspaper report
+carried no weight unless confirmed by a Senator. He made the charge also
+that Tipton had been guilty of divulging the vote on the treaty, taken
+in executive session. To this charge Tipton could make no defense, but
+he contended that it had done no harm. The discussion was continued till
+a late hour, the report of the Caucus Committee being supported in
+debate chiefly by Edmunds and Morton. The latter affirmed that San
+Domingo did not enter into the question of displacing Sumner
+now--implying that it might have been the bone of contention earlier.
+Morton's statement was technically true. The original disagreement
+between Sumner and the President had been so overlaid with fresh
+material that it was now relatively unimportant. Moreover, the Senate
+had no intention of ratifying the annexation treaty even if the Benjamin
+Wade Commission should so recommend--as it did. Morton himself had no
+such intention.
+
+I happened to be in Washington at this juncture and was dining with the
+late Senator Allison (then a member of the House), on the evening before
+the report was presented. He informed me of the posture of affairs, said
+that Sumner was to be deposed, and that Senator Howe had been designated
+to report a resolution to that effect. He regarded the situation as
+fraught with peril to the Republican party. I suggested that he and I
+should call upon Senator Howe and endeavor to prevent or perhaps delay
+the proposed step. Allison assented. So we went to Howe's apartments,
+found him at home and alone, and we labored with him till past midnight,
+seeking in a friendly way to change his purpose, but without avail. He
+could not be moved. While we were returning, Allison said that Grant
+must have played his last trump to break the custom of the majority in
+the Senate, never to displace a member without his own consent. After
+the deed was done, I called upon Sumner and had a conversation with him
+on the subject. He said that the most puzzling thing to him was the part
+taken by Senator Anthony, of Rhode Island, in the affair. Anthony was
+chairman of the caucus. He appointed the Committee on Committees.
+Anthony was his friend, a very close friend. He ought to have known
+beforehand the purposes of the majority, especially since an attempt to
+displace him had been made at the previous session. Was Anthony himself
+deceived, or was he a party to the transaction? That was the puzzling
+question.
+
+When the vote was taken on Howe's report, it was adopted by a large
+majority. The dissentients withheld their votes, as they did not choose
+to bolt the decision of the caucus when bolting could accomplish
+nothing. The result was a fresh grievance added to the growing stock of
+discontent.
+
+The President's first blow at Sumner had been the removal of his friend
+Motley from the position of Minister to England. A request for Motley's
+resignation was sent on July 1, 1870, but he did not comply with it. In
+the mean time the position was offered to Trumbull in the following
+letter:[116]
+
+    DEPARTMENT OF STATE, WASHINGTON,
+
+    _Confidential_.
+
+    GARRISONS, August 5th, 1870.
+
+    MY DEAR JUDGE,
+
+     The President desires me to ask if it will be agreeable to you
+     to accept the Mission to London; if so, he is desirous of
+     securing to the country the value of your important service and
+     your experience and ability. I hope most sincerely that it will
+     meet your views to accept this Mission, now more than before
+     important. The events now happening and threatening in Europe
+     require the presence in London of a representative of ability,
+     of firmness, of learning, and of calm self-possession--and your
+     exceptional possession of these requisites has led to the very
+     strong desire of the President and myself that you would
+     undertake the duties of the position. I do not know that we are
+     on the eve of the settlement of our questions with Great
+     Britain, but there are reasons to justify the hope that _very
+     important_ questions may be adjusted within the term of whoever
+     may succeed Mr. Motley. The complications of European politics
+     are favorable and add to the evident desire of the British
+     Ministry to dispose of all questions between the two countries.
+     Can you come here and pass a day with me? I can tell more than
+     I can write. I sincerely hope that you can give a favorable
+     answer; for reasons which you will understand the President
+     desires that this communication be considered _confidential_,
+     at least for the present. Please let me have your answer as
+     soon as you conveniently can.
+
+    Very faithfully yours,
+
+    HON. LYMAN TRUMBULL, HAMILTON FISH.
+    U.S. SENATOR,
+    KINGSTON, ULSTER CO., N. Y.
+
+No written answer to this letter has been found. A verbal one was given
+at the interview which Mr. Fish invited. Trumbull declined the
+appointment because he preferred to remain a Senator rather than to be a
+diplomat. Probably he became acquainted at this time with Secretary
+Fish's intention to move for a settlement of our differences with Great
+Britain: for in a speech made at Chicago on the 2d of November
+following, on "Coming Issues," he discussed the subject of our claims
+against that country at considerable length. In this speech he
+maintained that we could justly ask for payment of the losses sustained
+by the depredations of the Alabama and other British-built cruisers, and
+that we had a still deeper grievance, although one not computable in
+dollars and cents, growing out of the demand made upon us for the
+surrender of the rebel envoys, Mason and Slidell, who were captured on
+board the steamship Trent at the beginning of the Civil War. He showed
+by the established rules of international law, affirmed by British
+precedents and practice, that persons, papers, and materials in the
+enemy's service were alike contraband and subject to capture in neutral
+vessels on the high seas.[117]
+
+Another "coming issue" referred to in this speech was the endeavor to
+break up and abolish the iniquitous system by which the appointment of
+thirty-five thousand officers and clerks of the National Government was
+made part of the patronage of politicians; and to carry out the
+principles of civil service reform in which these appointments should be
+made after competitive examinations so as to secure officers of "the
+highest fitness, honesty, and capacity." In his argument in favor of
+this reform he instanced the experience of General J. D. Cox, Secretary
+of the Interior, who had found it necessary to resign his office because
+he could not purge his own department of spoilsmen and incompetents
+foisted upon him by Senators and Representatives. Cox's resignation had
+caused intense indignation when the reasons for it leaked out. President
+Grant had pledged himself to the reform of the civil service and had
+appointed a competent commission to carry on the work, and was really
+desirous that it should succeed, but he was not willing to fight for
+it. So when Congressmen fought against it he yielded and put the blame
+upon them. And the last state of it was worse than the first. "No point
+in Trumbull's speech," says the newspaper account of it, "was more
+significant than his endorsement of Secretary Cox's civil service
+reform, and the enthusiastic cheering with which the large audience
+unanimously greeted this endorsement."
+
+Attorney-General Hoar had retired from public life some months earlier
+and for much the same reason. He had made several selections to fill
+vacancies on the bench of the Circuit Court with an eye single to the
+character and legal attainments of the judges, and had thereby incurred
+the enmity of most of the Republican Senators, who wanted to dictate the
+appointments. It happened at this time that the President was trying to
+win support for the San Domingo Treaty, and he found, or supposed, that
+the votes of certain carpet-bag Senators could be obtained if he would
+give them a member of the Cabinet. In order to create a vacancy he
+nominated Attorney-General Hoar as a justice of the Supreme Court. The
+nomination was referred to the Judiciary Committee of the Senate,
+consisting of Trumbull, Edmunds, Conkling, Carpenter, Stewart, Rice (of
+Arkansas), and Thurman. Six of these voted against Hoar. The only
+affirmative vote was that of Trumbull.[118]
+
+After Hoar was rejected, the President asked for his resignation as
+Attorney-General without assigning any reason therefor, and when it was
+handed to him he appointed an obscure but respectable lawyer from
+Georgia of the name of Akerman as Attorney-General, to please the
+carpet-baggers; but this move did not secure a sufficient number of
+votes to ratify the treaty, nor was it ever ratified.
+
+FOOTNOTES:
+
+[114] _Cong. Globe_, March 10, 1871, p. 48.
+
+[115] _Cong. Globe_, 1871, p. 51.
+
+[116] E. L. Pierce, in his _Life of Sumner_, says that the position was
+first offered to Frelinghuysen, of New Jersey, and that he was confirmed
+by the Senate on the last day of the session. Evidently he did not
+accept it.
+
+[117] Mr. Charles F. Adams has shown in a recent essay that the British
+Ministry were perfectly aware that the capture of Mason and Slidell was
+justifiable by British custom and precedent, but that public opinion was
+so inflamed on the subject that they were swept off their feet, and
+could not have faced Parliament an hour if they had not demanded the
+surrender of the prisoners. On the other hand, our practice and
+precedents were directly opposite. The American doctrine was "free ships
+make free goods" and _a fortiori_ free persons, but so inflamed was
+public opinion on this side of the water that the British demand for the
+surrender of the prisoners would have been refused even at the risk of
+war, if we had not had one war on hand already. Both nations "flopped"
+simultaneously. _The Trent Affair--an Historical Retrospect._ By Charles
+Francis Adams. Boston, 1912.
+
+[118] Washington letter in the _Nation_, January 6, 1870.
+
+
+
+
+CHAPTER XXIII
+
+THE LIBERAL REPUBLICANS
+
+
+The Liberal Republican movement of 1872 took its start in Missouri.
+During the war between the states, Missouri had been a prey to a real
+civil war, in which much blood had been spilled, and where churches,
+communities, and particular families had been torn asunder. In the
+agricultural districts and small towns, which were nine tenths of the
+whole, nobody, whether Secessionist, or Unionist, or neutral, could feel
+certain, when he went to bed, whether he should sleep till morning, or
+be awakened after midnight by a guerilla raid or a burning roof. The
+contending forces were not unequally divided. The Confederates were the
+stronger half in wealth and influence, although not in numbers, but the
+proximity of the Federal armies and their actual occupation of the soil
+gave a preponderance to the Unionists and strangled secession in its
+infancy. When the war came to an end, all the heart-burning that it had
+engendered was still raging. Not only were the Republicans in power, but
+the most radical of them had control within the party. Lincoln was not
+sufficiently advanced for them. They had refused to vote for his
+renomination in the Convention of 1864.
+
+In the state constitution, adopted in 1865, disfranchisement and test
+oaths abounded. In the succeeding four years there had been a gradual
+slackening of recrimination and intestine strife; and a line of cleavage
+broke in the Republican ranks in 1869 which resulted in the election of
+General Carl Schurz as United States Senator, on the issue of
+reënfranchisement of the ex-rebels. The leader of the "party of eternal
+hate," as it was styled by its opponents, was Charles D. Drake, his
+colleague in the Senate. The seat taken by Schurz was that formerly held
+by John B. Henderson, who had lost it by his vote against impeachment.
+
+Schurz was a torch-bearer wherever he went, and his entry into the
+Senate gave a new impetus to the party of peace and amnesty not only in
+his own state, but throughout the country. In the autumn of 1870 a
+battle royal was fought in Missouri, beginning in the Republican state
+convention, which was split on the issue of reënfranchisement. The
+Liberals, under the lead of Schurz, nominated a full state ticket with
+B. Gratz Brown for governor. The radicals nominated Joseph McClurg for
+governor and a full ticket. The Democrats made no nominations, but
+supported the Liberal nominees. The election resulted in a sweeping
+victory for the Liberals. The platform on which Brown was chosen
+declared that the time had come "for removing all disqualifications from
+the disfranchised people of Missouri and conferring equal political
+rights and privileges on all classes." The other platform favored
+reënfranchisement "as soon as it could be done with safety to the
+state."
+
+Both sections adopted a resolution saying: "We are opposed to any system
+of taxation which will tend to the creation of monopolies and benefit
+one industry at the expense of another." This was interpreted by the
+_Missouri Democrat_, the leading Republican newspaper of the state, as
+an anti-tariff deliverance. Its editor, Colonel William M. Grosvenor,
+was a party organizer of keen intelligence and tireless activity, as
+effective in his own field as Schurz was in his. He was a free-trader,
+and he gave the first impulse which brought the revenue reformers of
+that period as a distinctive element into the Liberal movement. The
+only organization then existing which offered any resistance to the
+demands of the protected classes was the New York Free-Trade League, of
+which Mahlon Sands was secretary. On the 10th of November, Sands sent
+out an invitation to persons whom he took to be like-minded with
+himself, including Carl Schurz, David A. Wells, Jacob D. Cox, William
+Cullen Bryant, E. L. Godkin, Charles F. Adams, Jr., General Brinkerhoff,
+Edward Atkinson, and others to a conference to be held in New York on
+the 22d of that month. The declared object of this meeting was "to
+determine whether an effort may not, with advantage, be made to control
+the new House of Representatives by a union of Western Revenue Reform
+Republicans with Democrats." The meeting took place at the date
+mentioned and received the following notice in the _Nation_ of December
+1:
+
+     There has been a good deal of activity among the Revenue
+     reformers during the week. On the 23d ult. they held a private
+     meeting in this city, which was attended by Mr. D. A. Wells,
+     Mr. George Walker, Mr. Horace White, of the Chicago _Tribune_,
+     Mr. Bryant, Mr. Bowles, of the Springfield _Republican_, and
+     others, and at which, after a good deal of talk, the conclusion
+     was reached that things were looking very well; that the
+     legislative debates of the coming winter would, under the
+     influence of the late elections, probably do a great deal to
+     educate the public and prepare the monopolists and jobbers for
+     what is certainly coming; and that the question of civil
+     service reform was closely connected with that of the reform of
+     the revenue, and ought to be discussed and pushed with it; and
+     it was resolved finally to charge a committee with the work of
+     looking after the interest of both in a general way during the
+     winter, with power to make arrangements for the calling of a
+     national convention in the spring, in case the course of
+     Congress proved unsatisfactory. The usual distribution of
+     "British gold" did not take place, it must be confessed to the
+     regret of all present. Indeed, the desire for it, and as much
+     of it as possible, was avowed with the greatest effrontery. The
+     open display of such feelings at a reform meeting was a
+     curious sign of the times. Why the British should have cut off
+     the supply was not explained, but we presume they were unable
+     to withstand the repeated exposures in the _Tribune_, which
+     have doubtless made Minister Thornton wince a little.
+
+The Speaker of the House, James G. Blaine, got wind of the Sands
+circular and sought an interview with myself, coming to Chicago for that
+purpose. He said that he recognized the drift of public sentiment on the
+tariff question, that he desired to avert anything like a split in the
+Republican ranks, and that he intended to give the tariff reformers a
+majority of the Committee on Ways and Means in the new Congress. He
+submitted that they could not gain more than that by a fight, and that
+it was the part of wisdom to be satisfied with that. He said that he
+would allow us to name two Republican members who, in conjunction with
+the Democrats, would constitute a majority. I reported this fact to the
+members of the New York Conference and it was agreed that no other steps
+should be taken in reference to the organization of the House. G. A.
+Finkelnburg, of Missouri, and H. C. Burchard, of Illinois, were selected
+as our preference for membership of the committee. The names were
+communicated to Blaine and they were appointed by him. He even went
+beyond his promise by prompting his friends on the floor to favor tariff
+reform. Eugene Hale, of Maine, was especially zealous in this behalf. He
+introduced a bill to make salt free of duty, and accepted an amendment
+putting coal in the same category and advocated it with earnestness and
+ability and carried it through the House, but it was strangled in the
+Senate. Dawes, of Massachusetts, a protectionist, was made chairman, but
+the majority of the committee was against him. Protection, at that time,
+meant the highest rate of duty on imports that anybody desired, and
+free trade meant any opposition to protection as thus interpreted. These
+definitions are not wholly obsolete at the present day.
+
+In the eyes of President Grant the Liberal movement in Missouri was
+something in the nature of a new rebellion, and most of the Republican
+politicians shared his views. The necessity of keeping the party in
+power by fair means or foul had become a kind of religious tenet. The
+spectre of a solid South and a divided North had been terrifying from
+the start. What would happen if the example of Missouri should
+overspread all of the reconstructed states? Seymour had carried New York
+and New Jersey in the last election. The solid South added to these
+would have made him President of the United States. No wonder that such
+Senators as Morton, Chandler, Conkling, and the Southern carpet-baggers,
+at the opening of Congress in December, 1870, gave a chilling reception
+to all who had taken part in the Liberal campaign of Missouri, or who
+sympathized with it. Anything in the nature of investigation of frauds,
+or of reform in the civil service, was frowned upon by them. All who
+favored such steps were accused of seeking to split the party and build
+a new one upon its ruins. This was a false accusation. The
+Administration could have averted the coming revolt by removing its
+causes. The _Nation_ of December 8, 1870, said with truth:
+
+     What has been taken for a desire or design to found a new party
+     has been simply a design to make the old party attend to the
+     proper business of the party in power, by legislating for the
+     necessities of the time. There is a strong disposition on the
+     part of the old hacks not to do this, but to go on infusing
+     "economy and efficiency in the collection of the revenue," and
+     nothing would please them better than that those who are not
+     satisfied with this should take themselves off and try to
+     establish a little concern of their own, and give no further
+     trouble. We believe the intention of the malcontents, however,
+     is, and always has been, to stay where they are and give all
+     the trouble they can. Whenever the time comes to establish a
+     new party, it will make its appearance, whether anybody charges
+     himself with the special work of getting it up or not.
+
+Among the sources of discontent disfranchisement was the most pressing,
+since it was believed to be the chief cause of the shocking conditions
+in the South. Other things could wait. This was the "house-on-fire"; it
+must be put out at once. The Liberals said that universal amnesty with
+impartial suffrage was the true cure. The ruling powers at Washington
+maintained that the Southern whites were still rebellious and that a new
+law, backed by adequate military power, was needed to deal with the
+Ku-Klux Klans, which were terrorizing the blacks in order to prevent
+them from voting. The President sent a special message of twenty lines
+to Congress on March 23, calling attention to this condition of affairs
+and recommending some action, he did not say what. The brevity and
+indecision of it betokened reluctance on his part to send any message at
+all. Congress, however, took the subject in earnest and passed the
+Ku-Klux Bill of 1871, which authorized suspension of the writ of _habeas
+corpus_ and the employment of military force in dealing with the Ku-Klux
+outrages. Trumbull and Schurz opposed the bill by speech and by vote,
+the former on the ground of unconstitutionality, the latter chiefly on
+the ground of impolicy, although he also considered it unconstitutional.
+Trumbull contended that the Constitution never contemplated that the
+ordinary administration of criminal law in the states should be in the
+hands of the Federal Government and that the Fourteenth Amendment did
+not change the lodgment of that power from the state to the federal
+authorities. He did not make a set speech on the bill, but in an
+impromptu debate he said:
+
+     Show me that it is necessary to exercise any power belonging to
+     the Government of the United States in order to maintain its
+     authority and I am ready to put it forth. But, sir, I am not
+     willing to undertake to enter the states for the purpose of
+     punishing individual offences against their authority committed
+     by one citizen against another. We, in my judgment, have no
+     constitutional authority to do that. When this Government was
+     formed, the general rights of person and property were left to
+     be protected by the states and there they are left to-day.
+     Whenever the rights that are conferred by the Constitution of
+     the United States on the Federal Government are infringed upon
+     by the states, we should afford a remedy.... If the Federal
+     Government takes to itself the entire protection of the
+     individual in his rights of person and property what is the
+     need of the State Governments? It would be a change in our form
+     of Government and an unwise one, in my judgment, because I
+     believe that the rights of the people, the liberties of the
+     people, the rights of the individual, are safest among the
+     people themselves, and not in a central government extending
+     over a vast region of country. I think that the nearer you can
+     bring the administration of justice between man and man to the
+     people themselves, the safer the people will be in their rights
+     of person and property.[119]
+
+He objected also to the clause of the bill authorizing the President to
+suspend the writ of _habeas corpus_, as in conflict with the clause of
+the Constitution which limits suspension to cases of invasion or
+rebellion where the public safety requires it. There was no present
+invasion to justify it and no rebellion in the proper definition of that
+term. He quoted authorities showing that rebellion meant an armed
+uprising against the Government, such as existed in 1861 and continued
+till the end of the war. No such condition existed now.
+
+Schurz's speech, delivered on the 14th of April, was a masterpiece of
+political philosophy, not inferior to anything in the orations of Edmund
+Burke. It was a plea for the abrogation of all political disabilities.
+It occupies three pages of the _Congressional Globe_. Among other things
+he said:
+
+     On the whole, sir, let us not indulge in the delusion that we
+     can eradicate all the disorders that exist in the South by
+     means of laws and by the application of penal statutes. Laws
+     are apt to be especially inefficacious when their
+     constitutionality is, with a show of reason, doubted, and when
+     they have the smell of partisanship about them; and however
+     pure your intentions may be (and I know they are), in that
+     light a law like this, unless greatly modified, will appear
+     suspicious. If we want to produce enduring effects there, our
+     remedies must go to the root of the evil; and in order to do
+     that, they must operate upon public sentiment in the South. I
+     admit that in that respect the principal thing cannot be done
+     by us: it must be done by the Southern people themselves. But
+     at any rate, we can in a great measure facilitate it.[120]
+
+Edmunds and Carpenter, of the Judiciary Committee, held that the
+Fourteenth Amendment of the Constitution gave power to the federal
+authorities to enforce the ordinary criminal law as between persons in
+the states. Some years later a case, arising under this Ku-Klux Law in
+Tennessee, reached the Supreme Court, where it was pronounced
+unconstitutional and void. The court held that the three latest
+amendments of the Constitution prohibited the states from discriminating
+against citizens on account of race or color, but did not change the
+administration of the criminal law in the states. That jurisdiction
+remained with the states exclusively. Here Trumbull's position was
+sustained almost in his own words.[121]
+
+While the Ku-Klux Act was doing its work in South Carolina under
+suspension of the _habeas corpus_, the Senate on December 20, 1871, took
+up a bill which had passed the House by more than two-thirds majority to
+remove the legal and political disabilities imposed by the Fourteenth
+Amendment, except in a few cases. Sumner moved as an amendment a bill
+which he had previously offered as a separate measure, that all
+citizens, without distinction of race or color, should have equal rights
+in steamboats, railway cars, hotels, theatres, churches, jury service,
+common schools, colleges, and cemeteries, whether under federal or State
+authority. Trumbull, and the two Senators from South Carolina, besought
+him not to encumber the Amnesty Bill, which required a two-thirds vote,
+with the Equal Rights Bill which required only a majority, since they
+believed that both could be passed separately, but that if his bill were
+tacked upon the Amnesty Bill, both would fail. Sumner insisted upon his
+amendment, and a vote was taken on it, February 9, resulting in a tie
+(Trumbull and Schurz voting in the negative), whereupon the
+Vice-President (Colfax) voted in the affirmative. The Sumner amendment
+having been adopted, all the Democrats turned against the bill and it
+was lost by 33 to 19, not two thirds.
+
+A second attempt, beginning in the House, had the same result. When the
+bill was taken up in the Senate Sumner again moved his Equal Rights Bill
+as an amendment, and it was again adopted by the casting vote of the
+Vice-President, and then the whole was lost by 32 to 22.
+
+In the mean time the Liberal Republican Convention had met at Cincinnati
+and adopted a platform very emphatic on the subject of amnesty. A sudden
+change came over the spirit of the regulars. The Amnesty Bill was
+reintroduced in the House by General Butler, May 13, and passed the
+same day without debate. It was taken up in the Senate, May 21. Sumner's
+Equal Rights Bill, when offered in a modified form as an amendment, was
+rejected by 11 to 81, and the bill was passed the same day by 38 to 2,
+the negatives being Sumner and Nye.
+
+FOOTNOTES:
+
+[119] _Cong. Globe_, 1871, pp. 578-79.
+
+[120] _Cong. Globe_, 1871, p. 688.
+
+[121] United States _v._ Harris, 106 U.S. 629.
+
+
+
+
+CHAPTER XXIV
+
+GRANT'S ADMINISTRATION
+
+
+The demerits of the first Grant Administration were the principal cause
+of the Liberal uprising of 1872. They were enumerated in detail by
+Charles Sumner in open Senate, on May 31 of that year. They need not be
+reiterated here. I have no inclination to rake over the ashes of a dead
+controversy or to detract from the fame of one who rendered inestimable
+service to the nation in its greatest crisis, without which all other
+service might have been unavailing. At the same time, the thread of this
+narrative requires some notice of the stings planted in the minds of
+sensitive persons, who were not seeking office, by the man who was then
+the nation's head.
+
+Grant's shortcomings in civil station were such as might have been
+expected from one who was suddenly charged with vast responsibilities
+without his own solicitation or desire and without any previous
+experience or training for them. His most striking characteristic was
+tenacity. Whether on the right track or on the wrong, he was deaf and
+blind to obstacles and opposition, because there was resistance to be
+overcome. This quality was reflected in his determination "never to
+desert a friend under fire"--a maxim more generous than wise, fitter for
+the field than for the forum, and which in his last days brought
+misfortunes to his own door which were lamented by everybody.
+
+The Republican politicians nominated him for President, not because they
+deemed him qualified for the position, but because of his military
+renown. He was elected at a time when military habits and modes of
+thought were the worst possible equipment for the solution of political
+problems. Nevertheless, he rendered great service on two occasions--in
+the settlement of the Alabama Claims and by vetoing the Currency
+Inflation Bill. In both these cases he was much indebted to Hamilton
+Fish, his Secretary of State, but the credit is justly his own and the
+fame thereof will outlast all the scandals that arose from his
+confidence in, and association with, such characters as Orville Babcock,
+John McDonald, Ben Butler, W. W. Belknap, and Tom Murphy.
+
+The rottenness of the New York Custom-House was a crying evil before
+Grant became President, and its flavor was not improved by the
+appointment of Murphy as its chief officer. It was crammed with men who
+"had to be taken care of," whose work was not needed by the Government,
+and who were incompetent even if it had been needed--small politicians,
+district leaders and "heelers," who were useful in carrying primaries
+and getting delegates elected to conventions. A Joint Committee on
+Retrenchment, organized as early as 1866 and kept alive by every
+subsequent Congress, had been investigating frauds and abuses in various
+quarters. Its chairman, Senator Patterson, of New Hampshire, made a
+report early in 1871 containing many interesting disclosures.
+
+On December 11, Senator Conkling offered a resolution directing the
+Committee on Military Affairs to inquire into the defalcation of an army
+paymaster named Hodge. Trumbull moved as an amendment that the Joint
+Committee on Retrenchment be reconstituted and instructed to make a
+general investigation of the waste and loss of money in the public
+service. A debate sprang up on the proposed amendment, which continued
+for a week and aroused keen interest throughout the country. Wilson,
+the chairman of the Military Committee, sustained the amendment, saying
+that the Hodge case did not appertain to military matters, but to
+finance, to the handling of public money. Sumner took the same view.
+Chandler objected to a joint committee with power to investigate all the
+executive departments. He preferred to have each department investigated
+by a separate committee, if it needed investigation. In the course of
+the debate extracts were read from the Patterson Report, together with
+the testimony of witnesses. Weighers in the custom-house testified that
+men were sent to them by the collector as assistants for whom there was
+no work to do. They were simply put on the pay-roll and did nothing but
+draw their salaries. In the weighers' department alone $50,000 per year
+was thus squandered. Collector Murphy was quoted as saying, in answer to
+a remonstrance about unnecessary help in the custom-house, "There were
+certain people who had to be taken care of: it was well known that they
+had to be taken care of, and nobody in the party would say anything
+about his taking care of them, and he would do it."[122]
+
+Trumbull said that he did not denounce officers of the Government
+indiscriminately. He merely wished to have some system introduced by
+which appointments should be made with regard to the fitness of the
+appointees and the need of their services. As the debate enlarged, a
+line of cleavage was disclosed among Senators similar to that which
+occurred on the deposition of Sumner; Morton, Conkling, Chandler,
+Edmunds, and Sherman opposing, and Schurz, Sumner, Logan, Tipton, and
+Wilson supporting, the Trumbull amendment. Finally the Republican
+Senatorial Caucus took the matter in hand and adopted a substitute to
+the Trumbull Resolution, which was offered in the Senate by Anthony and
+adopted by 29 to 18. It provided for a select committee to investigate
+only such subjects as the Senate should designate.
+
+One of the things stumbled on by the Patterson Committee was the
+"general order" system in the New York Custom-House, which led up to the
+Leet and Stocking scandal, one of the most exasperating incidents of the
+Grant régime. Leet had been a member of General Grant's staff. The
+Patterson Committee found that he was enjoying the rank and pay of a
+colonel in the army, and also of a clerk in the War Department, and was
+receiving an additional income, estimated at $50,000 per year, for the
+warehousing of imported goods in New York, without the expenditure of
+any labor or capital of his own and without even his personal presence
+in New York, he being a resident of Washington City. All goods arriving
+by the Cunard and Bremen lines were sent by the collector's order to the
+Leet and Stocking warehouse, and were required to pay one month's
+storage whether they remained there a month or only a day, the cost
+being not less than $1.50 per package. This "general order" system had
+been devised before the Republican party came into power. It was
+flourishing in 1862.[123] Collector Grinnell, Grant's first appointee to
+that position, found it in force when he came into office. Before it was
+devised the arriving goods had been stored temporarily in warehouses
+belonging to the steamship companies, adjacent to the docks, without
+cost to the owners.
+
+When the Patterson Committee made this discovery they reported the facts
+personally to the Secretary of the Treasury (Boutwell), who appointed a
+board of three officers of the department to make an independent
+investigation. This board made a report sustaining the findings of the
+Patterson Committee. Boutwell thereupon wrote to Collector Murphy, who
+had succeeded Grinnell as collector, advising him to discontinue the
+"general order" system altogether and go back to the old system, no good
+reasons for the former change, but many objections to it, having been
+found. Months passed after Boutwell's letter was sent, but the "general
+order" system was still flourishing and the coffers of Leet and Stocking
+were still receiving an income, at least double that of the President of
+the United States, as a reward for putting an obstruction in the pathway
+of lawful commerce. A. T. Stewart, Grant's first choice for Secretary of
+the Treasury, testified that the "general order" system was a damage to
+honest traffic and a general nuisance. William E. Dodge testified that
+he had been compelled by it to curtail his imports at New York and to
+use other ports of entry to avoid the delays and exactions of the
+"general order" system.
+
+The indifference of the only man higher up than Secretary Boutwell--the
+only man who had power to remove Collector Murphy or to choke off
+Leet--was incomprehensible. Schurz made comments on the case which the
+Administration Senators could not answer and dared not leave unanswered.
+On the 18th of December, Conkling introduced a resolution directing the
+Committee on Investigation and Retrenchment to make an inquiry into the
+Leet and Stocking scandal. This resolution was preceded by a preamble
+quoting the words of Schurz as a reason for making the inquiry, in the
+following form:
+
+     Whereas it has been declared in the Senate that at the port of
+     New York there exists and is maintained by officers of the
+     United States under the name of the "General Order business" a
+     monstrous abuse fraudulent in character, and whereas the
+     following statement has been made by a Senator: "It was
+     intimated by some of the witnesses that Mr. Leet, who pockets
+     the enormous profits arising from that business, had some
+     connection with the White House; but General Porter was
+     examined, Mr. Leet himself was examined, and they both
+     testified that it was not so, and, counting the number of
+     witnesses, we have no right to form a different conclusion. But
+     the fact remains that this scandalous system of robbery is
+     sustained--is sustained against the voice of the merchants of
+     New York--is sustained against the judgment and the voice of
+     the Secretary of the Treasury himself. I ask you how is it
+     sustained? Where and what is the mysterious power that sustains
+     it? The conclusion is inevitable that it is stronger than
+     decent respect for public opinion, nay, a power stronger than
+     the Secretary of the Treasury himself":
+
+     Therefore resolved, that the Committee of Investigation and
+     Retrenchment be instructed to inquire into the matter fully and
+     at large, and particularly whether any collusion or improper
+     connection with said business exists on the part of any officer
+     of the United States, and that said committee further inquire
+     whether any person holding office in the custom-house at New
+     York has been detected or is known or believed by his superior
+     officer to have been guilty of bribery or of taking bribes or
+     of other crime or misdemeanor, and said committee is hereby
+     empowered to send for persons and papers.
+
+The Committee of Investigation and Retrenchment had not been appointed
+when Conkling offered this resolution. It had been agreed upon in the
+Republican Caucus, but had not been reported to the Senate. Senator
+Anthony immediately reported the names: Buckingham (Connecticut), Pratt
+(Indiana), Howe (Wisconsin), Harlan (Iowa), Stewart (Nevada), Pool
+(North Carolina), Bayard (Delaware). Sumner expressed mild surprise that
+no Senator who had favored an investigation of the New York
+Custom-House, or of frauds in general, was a member of the committee,
+unless Bayard (Democrat) might be counted as such. He quoted from
+Jefferson's "Manual of Parliamentary Law" to show that the proper course
+was to give the leading place in such a committee to the prime mover of
+it, who was, in this case, undoubtedly Trumbull, but that nobody who had
+shown any interest in the matter to be investigated, not even the
+Senator from New Hampshire (Patterson), whose investigation of the
+previous session had uncovered the alleged frauds, and whose familiarity
+with the case would be most useful now, had any place on it. Anthony
+contended that inasmuch as all the Senators had voted to raise the
+Committee, the vote having been unanimous, all the requirements of
+parliamentary law were satisfied by the appointment of the seven
+Senators named, or any other seven. Thurman, of Ohio, thought that
+Anthony was "sticking in the bark" and not reaching the sound wood of
+the tree. Considerable time was spent in the debate on the composition
+of the committee, but in the end the list reported by Anthony was
+adopted, as was Conkling's resolution, with its bulky preamble. The
+preamble was doubtless intended to convince Grant that Schurz (not
+Conkling) made the investigation necessary. The committee went to work
+early in 1872 and eventually furnished a solution of the Leet and
+Stocking mystery.
+
+Leet learned in 1868, soon after Grant's election, that he intended to
+appoint Moses H. Grinnell collector of the port of New York. He procured
+from Grant a letter of introduction to Grinnell, but Grant cautioned
+him, when he gave it, not to use it for the purpose of getting an
+office. When Leet handed the letter to Grinnell he remarked to him that
+he (Grinnell) was to be appointed collector of the port. Grinnell had
+not received any intimation of the fact before, and he inferred that
+Leet had been designated by the President to inform him of it. He asked
+Leet what he could do for him, and Leet replied that he wanted the
+"general order" business of the custom-house. Grinnell thought that this
+also was a message from the President, and he arranged as soon as
+possible to give Leet a portion of it. Leet farmed out this portion to a
+man named Bixby for $5000 per year, plus one half of all the profits in
+excess of $10,000. Then he went back to Washington and resumed his place
+as a clerk in the War Department; but he complained bitterly to Grinnell
+that his share in the "general order" business was not large enough, and
+he told Grinnell that he would be removed from office if he did not give
+him the whole of it. After much threatening, Grinnell did give him the
+whole of it, but he was removed, nevertheless, after holding the office
+about one year, and Murphy was appointed collector in his place. Murphy
+kept the "general order" business in the hands of Leet and Stocking
+until March, 1872, when the committee made its report. On the 14th of
+March, the newspapers announced that Murphy had been removed as
+collector and General Arthur appointed in his place, that the "general
+order" business had been radically reformed, and that Leet and Stocking
+had disappeared from history. In making this announcement the _Nation_
+called the attention of the editor of _Harper's Weekly_ (George William
+Curtis), who was still a little deaf to the shortcomings of the
+Administration, to some things hard to understand.
+
+     When the President [it said] became aware that Leet had abused
+     his confidence, disregarded his wishes, made false
+     representations as to his influence over him, and concealed his
+     doings from him,--facts which were revealed by the repeated
+     complaints of prominent merchants and by Leet's appearance in
+     public as owner of the "plum," and finally by a congressional
+     investigation,--he took no notice of them whatever. So far as
+     we know he gave no sign of displeasure, paid no attention to
+     the complaints against him, and let him go on for nearly two
+     years preying on the commerce of the port, till a second
+     congressional investigation, obtained with great difficulty,
+     and the savage assaults of the press on the eve of an election,
+     made the change we have just witnessed imperatively necessary.
+     It has been the custom of the friends of the Administration
+     hitherto, whenever charges of this kind are brought up, instead
+     of answering them, to tell you that they endear the President
+     more than ever to the American people; that his renomination is
+     a sure thing, etc.; and that Horace Greeley is a friend of Hank
+     Smith. Now is this satisfactory? Let us have a candid answer,
+     without allusions to cigars, or fast horses, or investments, or
+     summer vacations, Hank Smith, or Horace Greeley.
+
+No dollar of the Leet and Stocking "plum" ever reached President Grant
+or any member of his family. We are left to conjecture what were his
+reasons for allowing the scandal to continue so long after the facts
+became known. Judging his course here by his second term, we are forced
+to conclude that his combativeness was aroused by the criticisms of
+Schurz, Trumbull, and others, which he interpreted as marks of personal
+hostility to himself. In fact, his senatorial supporters so interpreted
+them in public discussions. He probably upheld Leet for the same reasons
+that he shielded Babcock in the greater scandal of the St. Louis Whiskey
+Ring in 1876.[124] It was a mistake, however, to suppose (if he did
+suppose) that Trumbull was moved by any personal hostility. An interview
+with the latter, dated December 3, 1871, published in the Louisville
+_Courier-Journal_,[125] shows that he was still on friendly terms with
+the President. His interlocutor began by asking him if he would consent
+to the use of his name as a conservative candidate for the Presidency
+against General Grant, to which the "Illinois statesman replied with
+more than usual emphasis, 'No sir, I would not.'"
+
+Then the following conversation ensued:
+
+     Why not?
+
+     For many reasons. In the first place, I am satisfied where I
+     am. I consider a seat in the Senate of the United States a
+     position in which I can be more useful than in any other, and I
+     believe it to be as honorable as any under the Government if
+     its duties be efficiently and properly discharged. In the next
+     place, I do not agree with the programme which has been marked
+     out by those who refuse to support the candidacy of the
+     President for reëlection. I am conscious of the need for many
+     reforms, and I am daily striving to accomplish them. But I do
+     not believe that a revolution of parties would be salutary. I
+     do not believe that either the people of the North or of the
+     South are ready to profit by such a change.
+
+     And why not?
+
+     Because the people of the South have really accepted nothing,
+     and are not willing to coöperate with the Liberals of the North
+     in settling the practical relations of society on a sure and
+     generous basis. I know that the South has much to complain of.
+     But so have the Liberal Republicans. It is not the rebel
+     element, perhaps, but the nature of things, that the South
+     should not realize the complete overthrow of the old order and
+     the necessity for a complete change of the domestic policy. I
+     believe that the defeat of General Grant would involve a
+     reaction at the South whose consequences would be even worse
+     than the present state of affairs.
+
+     Don't you think General Grant meditates the permanent
+     usurpation of the Executive office?
+
+     No, I do not. My opinion is that General Grant is, in the main,
+     a conservative man. He has made mistakes. But I cannot say they
+     justify his removal.
+
+     What are your personal relations?
+
+     Very friendly. I have opposed some of his measures, but I have
+     no personal feeling, and, indeed, this is one of the reasons
+     why it is disagreeable to have my name mentioned in the
+     connection you name.
+
+The interview closed with the writer's assurance that the views of
+Senator Sumner coincided with those of Trumbull. A Washington letter in
+the _Nation_ of December 28 said:
+
+     From what I see and hear, the conviction is forced upon me that
+     there will be no lead given by men like Trumbull voluntarily.
+     They may be forced by the Administration party into opposition,
+     but they will go reluctantly and timidly.
+
+Among the letters received by Trumbull at this time was the following
+from a man of high repute and influence in Ohio:
+
+    COLUMBUS, December 15, 1871.
+
+     You may remember me sufficiently to know who I am and my
+     position in Ohio. My special object in this writing is to
+     congratulate you for your proper and patriotic position on the
+     Retrenchment Resolution. Messrs. Morton, Sherman _et al_, are
+     grievously mistaken as to the state of public sentiment in
+     regard to the Administration and the President. I am bold to
+     say that outside of the Grand Army of the Republic and the
+     office-holders (an _imperium in imperio_), more than one half
+     of the Republicans are intensely dissatisfied with General
+     Grant. His indecent interference in Missouri and Louisiana, his
+     disgusting nepotism, his indefensible course in regard to San
+     Domingo, and his recent complimentary letter to Collector
+     Murphy have produced the conviction that he is intellectually
+     and morally unqualified for his present position. He will hear
+     deep and alarming thunder before the Kalends of November, 1872.
+
+     Go forward with your associates, Schurz, Sumner, Patterson, and
+     Tipton, in your exposure of the faults and frauds of the
+     Administration, and the best class of Republicans will honor
+     your magnanimity and patriotism. I know General Grant
+     personally. I have not asked him for any favor. As Senatorial
+     Elector I traversed the state, and advocated the Republican
+     principles and policy, but I have the pleasant consciousness
+     and delightful remembrance that I never eulogized General Grant
+     nor recommended him as suitable for the place. As long as he is
+     under the special superintendence of Morton, Chandler, and
+     Cameron, he must necessarily deteriorate, as none of them has
+     ever been suspected of having any profound sense of right or
+     wrong.
+
+    Confidentially yours,
+
+    SAM'L GALLOWAY.
+
+    HON. LYMAN TRUMBULL, U.S.S.
+
+FOOTNOTES:
+
+[122] _Cong. Globe_, 1871, p. 51.
+
+[123] See House report No. 50, 37th Congress, 3d session, page 38.
+
+[124] Rhodes, _History of the United States_, VII, 182-89.
+
+[125] This interview was reprinted in the New York _Times_ of December
+6. It is corroborated in sentiment by the Trumbull manuscripts of that
+date, but it was probably not intended for publication. It purports to
+be a conversation between Trumbull and an ex-Senator.
+
+
+
+
+CHAPTER XXV
+
+THE CINCINNATI CONVENTION
+
+
+The Liberal Republicans of Missouri held a state convention at Jefferson
+City, January 24, 1872. They adopted a platform which affirmed the
+sovereignty of the Union, emancipation, equality of rights,
+enfranchisement, complete amnesty, tariff reform, civil service reform,
+local self-government, and impartial suffrage. They also called a
+national mass convention to meet at Cincinnati on the first Monday in
+May.
+
+This call was at once endorsed by General J. D. Cox, George Hoadley,
+Stanley Matthews, and J. B. Stallo, four of the most eminent citizens of
+Ohio, the first of whom had been a member of President Grant's Cabinet.
+Mr. Matthews, in an interview, expressed the hope that the Democrats
+would join in nominating a candidate for the presidency of the type of
+Charles Francis Adams, William S. Groesbeck, Lyman Trumbull, or Salmon
+P. Chase.
+
+The movement spread like wildfire. Groups of Republicans, eminent in
+character and in public service in all the states, proclaimed their
+adhesion to it and declared their intention to participate in the
+convention. It had also the active support of the Springfield
+_Republican_, the Cincinnati _Commercial_, and the Chicago _Tribune_,
+and the sympathy of the New York _Evening Post_, the _Nation_, and the
+New York _Tribune_. Democratic sympathy was manifested early and found
+expression in the columns of the Louisville _Courier-Journal_, whose
+editor, Henry Watterson, took a keen interest in the preliminaries of
+the Cincinnati meeting and whose coöperation was gladly welcomed. The
+New York _World_, edited by Manton Marble, gave passive support to the
+movement by advising Democrats to conform to present facts and not seek
+to revive or sustain the dead issues of the war and Reconstruction.
+
+Under date, New Orleans, April 23, Marble wrote to Schurz:
+
+     It is due to you that I should say, before you go to
+     Cincinnati, that in my clear judgment the nomination of Charles
+     Francis Adams would defeat the reëlection of Grant. It has
+     always been obvious that Mr. Adams would be among the best of
+     Presidents. He has been growing, during the last few months, to
+     be the best of candidates. I could not name another so safe to
+     win. Adams and Palmer would be a quite perfect ticket.--This is
+     founded on careful consideration.
+
+August Belmont, of New York, the most influential Democrat in that state
+not holding any public office, took an active part, both by
+correspondence and by personal solicitation, in the endeavor to secure
+the nomination by the Cincinnati Convention of a candidate whom the
+Democrats could support, and to induce the latter to abstain from making
+a separate nomination. From Vincennes, Indiana, April 23, he wrote to
+Schurz that, after having seen many prominent men of both parties, he
+had found the Cincinnati movement even stronger with them, and the
+people, than he had anticipated. He added:
+
+     Everybody looks for the action of your convention, and if you
+     make a good _national_ platform denouncing the abuses and
+     corruption of the Executive, the military despotism of the
+     South, the centralization of power and the subordination of the
+     civil power to the military rule, and declare boldly for
+     general amnesty and a revenue tariff, you will find every
+     Democrat throughout the land ready to vote for your candidate,
+     provided you name one whom our convention can endorse.... I
+     found in the West and in New York an overwhelming desire for
+     Charles F. Adams. Adams is the strongest and least vulnerable
+     man; he will draw more votes from Grant than will any other
+     candidate. The whole Democratic party will follow him.
+
+There was a full delegation from Pennsylvania, composed of honorable
+men, who were not office-seekers. The meeting which appointed them was
+presided over by Colonel A. K. McClure, who announced, when taking the
+chair, that inasmuch as the Cincinnati Convention was a mass meeting,
+the persons attending it would not be entangled in the usual political
+machinery. The movement was on the lines of the Republican party; it was
+a movement of Republicans by necessity, who did not mean to be bound by
+the Government party as it then stood. General William B. Thomas said
+that he and other gentlemen had issued the call for this meeting to send
+a delegation to Cincinnati. He was engaged in work looking to the
+annihilation of the Republican party. He had helped to build up that
+party, but now he was free to say that it was the most corrupt party on
+the face of the earth. He was opposed to any candidate to be nominated
+by the coming Philadelphia Convention; Grant, or any other man. Colonel
+McClure said that the plain English of the whole thing was rebellion
+against the party and the bringing of it to the dignity of a revolution.
+Five years ago there might have been a necessity for the exercise of
+military power in the South, but not now. The South, to his mind, had
+been more desolated since the close of the war than before.
+
+The Pennsylvanians had fifty-six votes in the convention. On the first
+roll-call they cast all of them for Governor A. G. Curtin. On all
+subsequent ones they gave a plurality for Adams.[126]
+
+Numerous letters reached Trumbull before the call for the Cincinnati
+Convention was issued suggesting that he be a candidate for the
+presidency in opposition to Grant. One of these, dated Roslyn, Long
+Island, November 30, 1871, was from John H. Bryant, brother of William
+Cullen Bryant, who said that both himself and his brother desired to see
+him elected President and that if he should be a candidate he could
+count on the support of the _Evening Post_.
+
+Silas L. Bryan, of Salem, Illinois, the father of William Jennings
+Bryan, wrote under date, December 19, 1871, that he considered Trumbull
+the Providential man for the present crisis and that if he would consent
+to be a candidate for the highest office he (Bryan) would take steps to
+promote that desirable end. To this letter Trumbull replied that to be
+talked about for the presidency impaired the influence he might
+otherwise have to promote the reforms which he labored to bring about.
+He did not, however, refuse Judge Bryan's offer of assistance.
+
+Joseph Brown, Mayor of St. Louis, wrote that he would rather see
+Trumbull nominated for the presidency than any other man of either
+party. To this letter Trumbull made a reply similar to that given to
+Judge Bryan.
+
+Walter B. Scates, ex-judge of the supreme court of Illinois, wrote: "You
+saved the Republican party in the impeachment trial and I now hope you
+may save the country from corruption, pillage, high tax, class
+legislation, and central despotism."
+
+Jesse K. Dubois, auditor of Illinois, perhaps the most sagacious and
+experienced politician in the state, wrote, after signing the call for
+the Cincinnati Convention: "With you as our candidate I would wager we
+carry this state anywhere from 30,000 to 50,000 majority as against
+Grant."
+
+On February 23, Trumbull made a speech in the Senate defending the
+Missouri Convention's platform against the objections of Senator Morton,
+who had stigmatized it as a Democratic movement, because that party in
+Connecticut had endorsed it in their state convention. In this speech
+Trumbull took up each resolution in the platform and showed that it was
+either in accord with Republican doctrine as affirmed in the national
+platforms of the party, or had been commended by President Grant in
+official messages to Congress. On the subject of civil service reform,
+to promote which Grant had appointed the George William Curtis
+Commission, he said:
+
+     The great evil of our civil service system grows out of the
+     manner of making appointments and renewals and the use which is
+     made of the patronage, treating it as mere party spoils. Often
+     the patronage is used for purposes not rising to the dignity of
+     even party purposes, but by certain individuals for individual
+     and personal ends. It would be bad enough if the patronage were
+     used as mere spoils for party, but it is infinitely worse than
+     that under our present system.
+
+     The Senator from Indiana, in his speech the other day,
+     undertook to create the impression that I was opposed to civil
+     service reform. Why, sir, I offered the very bill in this body
+     which became a law under which the Civil Service Commission was
+     organized. I introduced bills here years ago in favor of a
+     reform in the civil service and especially to break up the
+     running of members of Congress to the departments begging for
+     offices. In my judgment there is nothing more disreputable, or
+     which interferes more with the proper discharge of public duty,
+     than this hanging around the skirts of power begging for
+     offices for friends.
+
+The growth of the Cincinnati movement was signalized by a meeting at the
+Cooper Union in New York City on the evening of April 12, of which the
+_Nation_ said: "We believe that it was the most densely packed meeting
+which ever met there. All approach within fifty yards of the entrance
+was next to impossible in the early part of the evening, so great was
+the crowd in the street." Both Trumbull and Schurz spoke here to
+enthusiastic hearers.
+
+Among the letters received by Trumbull prior to the convention the most
+thoughtful and weighty was the following written by Governor John M.
+Palmer, of Illinois:
+
+    SPRINGFIELD, April 13, 1872.
+
+     I have felt considerable apprehension in regard to the
+     Cincinnati movement for the reason that I have doubted the
+     ability of men of the right stamp to control the action of the
+     proposed convention, and I have believed that it would be
+     better to endure the abuses and weaknesses and follies of
+     Grant's Administration for another four years than to
+     crystallize them by the mistake of making a bad nomination of
+     his successor. Grant is an evil that we can endure if we retain
+     the right to point out his faults in principle and practice,
+     but if some ancient Federalist should be elected to succeed him
+     what is now usurpation would be accepted by the people as the
+     proper theory of the government. But if the Cincinnati
+     Convention nominates a statesman I will support him, and you if
+     you are selected as the candidate.
+
+    JOHN M. PALMER.
+
+Among the names mentioned as desirable candidates that of Charles
+Francis Adams was the most prominent. After him came Lyman Trumbull,
+Horace Greeley, David Davis, B. Gratz Brown, and Andrew G. Curtin. Adams
+had been Minister to Great Britain during the war, and was now one of
+the arbitrators of the Geneva Tribunal under the Alabama Claims Treaty.
+He had written a letter to David A. Wells which showed that he did not
+desire the nomination, was perfectly indifferent to it, but that if it
+were given to him without pledges of any kind he would not refuse. He
+said among other things:
+
+     If the call upon me were an unequivocal one based upon
+     confidence in my character earned in public life, and a belief
+     that I would carry out in practice the principles I professed,
+     then indeed would come a test of my courage in an emergency;
+     but if I am to be negotiated for, and have assurances given
+     that I am honest, you will be so kind as to draw me out of that
+     crowd.
+
+This phrase was interpreted erroneously by some as an expression of
+contempt for "that crowd," but, of course, it was not so intended. The
+letter was not written for publication. Not only did Mr. Adams not seek
+the nomination, but his son, Charles Francis, Jr., refused to go to the
+convention, or to invite any of his Boston friends to go.
+
+Greeley was an anti-slavery leader, founder of the New York _Tribune_,
+book-writer, lecturer, foremost journalist in the country, distinguished
+both for intellectual power and personal eccentricity. Davis was a
+member of the Supreme Court of the United States, by Lincoln's
+appointment. Brown was governor of Missouri, and next to Schurz the most
+prominent leader of the Liberal movement. Curtin had been the war
+governor of Pennsylvania and was a man of high ability and unblemished
+character. The name of Sumner had been frequently mentioned as one
+suitable for the presidency, but he had not yet given his adhesion to
+the Liberal movement.
+
+The New York _Herald_ of May 1 tells what I thought of the outlook when
+I first arrived in Cincinnati, thus:
+
+     CINCINNATI, April 27, 1872.--Mr. Horace White, who arrived this
+     morning, says that the Liberal movement has as yet only
+     penetrated the crust of public sentiment and that the masses of
+     the people are waiting in a half-curious way to see what will
+     be done here before they will make up their minds.
+
+Trumbull did not authorize the presentation of his name to the
+convention until one week before its meeting. Then a qualified
+acquiescence came in a letter to myself, dated Washington, April 24,
+saying:
+
+     I do not think I ought to be nominated unless there is a
+     _decided_ feeling among those who assemble, and are outside of
+     rings and bargains, that I would be stronger than any one else.
+     Unless this is the feeling, I think it would not be wise to
+     present my name at all.... D. A. Wells has enclosed me a letter
+     written on the 20th by John Van Buren, Governor Hoffman's
+     secretary, which he thinks undoubtedly represents the feelings
+     of the Hoffman wing of the New York Democracy. In this letter
+     Van Buren says the convention must not touch the question of
+     free trade, that the persons pushing this question are not
+     unanimous on the question, and that a non-committal resolution
+     would do harm in both directions. Grosvenor is very strenuous
+     about having such a resolution as will commit the convention
+     distinctly to revenue reform, and I fear will be a little
+     unreasonable about it. I had thought that a resolution might be
+     adopted which would assert the principle without being
+     offensive to anybody; perhaps something like the resolution
+     adopted by the last Illinois State Convention. Free-traders and
+     protectionists differ more about the application of principles
+     than the principles themselves in their efforts. Wells and
+     other reformers of the East will be reasonable on this
+     question. Van Buren further says in his letter: "One thing rely
+     upon--you need do nothing at Cincinnati except with reference
+     to drawing Republicans into the movement. Disregard the
+     Democrats. The movement of that side will take care of itself.
+     There will be no cheating nor holding back on their side. They
+     will go over in bulk and with a will."
+
+My reply to this letter, written immediately after the adjournment of
+the convention, was the following:
+
+     My judgment was from the beginning of our arrival here that you
+     could not be nominated, but I did not tell anybody so. Dr.
+     Jayne and Governor Koerner thought you could be; and their
+     judgment, I thought, should be set before mine. So I held my
+     tongue and did what I could. If I had taken the responsibility
+     of withdrawing your name as suggested by your letter, I should
+     never have had any standing in Illinois again--certainly not
+     among your friends.
+
+As this convention did not consist of delegates chosen by primary
+meetings, any person of Republican antecedents or attachments was
+permitted to attend and take part in it. To bring order out of chaos it
+was necessary for the men of each state to come together and choose a
+number corresponding to its population to cast its votes on all
+questions arising, including the nomination of candidates. In states
+which presented more than one candidate, as in Illinois, there was some
+difficulty in making the proper division as between Davis and Trumbull;
+but all such troubles were adjusted before the hour for assembling
+arrived. The streets of Cincinnati had never beheld a more orderly,
+single-minded, public-spirited crowd. At least four fifths had come
+together at their own expense for no other purpose than the general
+good. There was, however, a small minority of office-seekers among them.
+The movement in its inception was altogether free from that class, but
+when it began to assume formidable proportions and seemed not unlikely
+to sweep the country, it attracted a certain number of professional
+politicians, including a few estrays from the South.
+
+The office-seeking fraternity were mostly supporters of Davis, whose
+appearance as a candidate for the presidency was extremely offensive to
+the original promoters of the movement. As a judge of the Supreme Court
+his incursion into the field of politics, unheralded, but not
+unprecedented, was an indecorum. Moreover, his supporters had not been
+early movers in the ranks of reform, and their sincerity was doubted.
+They were extremely active, however, after the movement had gained
+headway, and they were able to divide the vote of Illinois into two
+equal parts (21 to 21), so that Trumbull's strength in the convention
+was seriously impaired. Davis's chances were early demolished by the
+editorial fraternity, who, at a dinner at Murat Halstead's house,
+resolved that they would not support him if nominated, and caused that
+fact to be made known.
+
+Greeley's candidacy had not been taken seriously by the editors at
+Halstead's dinner-party. As an individual he was generally liked by them
+and his ability and honesty were held in the highest esteem; but he was
+looked upon as too eccentric and picturesque to find much support in
+such a sober-minded convention as ours. Adams and Trumbull were the only
+men supposed by us to be within the sphere of nomination, and the
+chances of Adams were deemed the better of the two. We had yet to learn
+that there are occasions and crowds where personal oddity and a flash of
+genius under an old white hat are more potent than high ancestry or
+approved statesmanship, or both those qualifications joined together.
+
+Before nominations were made, a platform was to be framed and adopted.
+There were three main issues to be considered: Universal amnesty, civil
+service reform, and tariff reform. On the first and second there was no
+difference of opinion. Without them the Cincinnati movement would never
+have taken place; the convention would never have been called. As to the
+third, there was a difference of opinion which divided the convention
+and the Committee on Resolutions in the middle, and it soon became known
+that "there was no common ground on which the protectionists and revenue
+reformers could stand." So wrote E. L. Godkin from the convention hall
+to the _Nation_. He continued:
+
+     The Committee on Resolutions, after sitting up a whole night,
+     were compelled to accept the compromise which he [Greeley]
+     proposed--the reference of the whole matter to the people in
+     the congressional districts. It is right to add that the
+     sentiment of the convention was overwhelmingly in favor of this
+     course. There is a touch of absurdity about it, it is true, but
+     it is at least frank and honest, and at all events nothing
+     else was possible. Even such outspoken free-traders as Judge
+     Hoadley, of this city, were compelled to concur in this
+     disposition of the question.
+
+As chairman of the Committee on Resolutions, and a free-trader, I can
+confirm all that Godkin wrote, and add that the committee considered the
+expediency of reporting to the convention their inability to agree and
+asking to be discharged. This plan was rejected lest it should cause a
+bolting movement, on an issue which was rated only third in importance
+among those which had brought us together. It was decided that tariff
+reform could wait, while the pacification of the South and the reform of
+the civil service could not.
+
+Thursday night, May 2, I had gone to bed at the Burnet House when I was
+aroused by a loud knock on my door and a voice outside which I
+recognized as that of Grosvenor exclaiming: "Get up! Blair and Brown are
+here from St. Louis." Without waiting for an answer he went on knocking
+at other doors in the corridor and giving the same warning, but no other
+explanation. I arose, dressed myself, and went down to the rotunda of
+the hotel, where I found some of the supporters of Trumbull and of Adams
+who were trying to discover why the arrival of Frank Blair and Gratz
+Brown should produce a commotion in a convention of more than seven
+hundred, of which Blair and Brown were not members. Blair was then the
+Democratic Senator from Missouri. The two newcomers were not visible.
+They had obtained a room and had called into it some of the Missouri
+delegation and would not admit any uninvited persons. Presently
+Grosvenor returned and told us that Brown intended to withdraw as a
+candidate for the presidency and turn his forces over to Greeley, and
+himself take the Vice-Presidency. Grosvenor considered this a dangerous
+combination and said that steps should be taken to checkmate it at once.
+
+The Adams and Trumbull men here collected remained till about two
+o'clock trying to learn more about the expected _coup_, but as nothing
+further could be obtained they retired one by one to uneasy slumber.
+Grosvenor maintained to the last that great mischief was impending, but
+could not suggest any way to meet it.
+
+On the following day voting began, and the first roll-call showed Adams
+in the lead with 205 votes; Greeley had 147, Trumbull 110, Brown 95,
+Davis 92-1/2, Curtin 62, Chase 2-1/2. Carl Schurz, who was permanent
+chairman of the convention and a supporter of Adams, then rose and with
+some signs of embarrassment said that a gentleman who had received a
+large number of votes desired to make a statement, whereupon he invited
+the Hon. B. Gratz Brown to come to the platform. Brown advanced to the
+front, and after thanking his friends for their support said that he had
+decided to withdraw his name and that he desired the nomination of
+Horace Greeley as the man most likely to win in the coming election.
+There was great applause among the supporters of Greeley, but the
+immediate result did not answer their expectations. Brown could not
+control even the Missouri delegation. The first vote of the Missouri men
+had been 30 for Brown. The second was, Trumbull 16, Greeley 10, Adams 4.
+
+All the votes are shown in the following table:
+
+    ----------------------------------------------------------
+    Roll-Call|Adams|Greeley|Trumbull| Davis|Chase|Brown|Curtin
+    ---------+-----+-------+--------+------+-----+-----+------
+    First    | 205 |  147  |   110  |92-1/2|2-1/2|  95 |  62
+    Second   | 243 |  245  |   148  |81    |     |   2 |
+    Third    | 264 |  258  |   156  |44    |     |     |
+    Fourth   | 279 |  251  |   141  |51    |     |     |
+    Fifth    | 309 |  258  |    91  |30    |25   |     |
+    Sixth    | 324 |  332  |    19  | 6    |32   |     |
+    ----------------------------------------------------------
+
+Although Greeley's plurality on the sixth roll-call was small, his gain
+over the fifth was large, being 74 votes, that of Adams being only 15.
+This was a signal to all who wished to be on the winning side to take
+shelter under the old white hat. Changes were made before the result was
+announced which gave Greeley 482 to 187 for Adams. Then Greeley was
+declared nominated. The nomination of Gratz Brown for Vice-President
+followed without much opposition.
+
+The supporters of Adams and of Trumbull were stunned. The first impulse
+of their leaders, and especially of Schurz, was to put on sackcloth, and
+go into retirement. Prompt decision, however, was necessary to the
+editors of daily newspapers. Other persons could go home and take days
+or weeks to think the matter over, but those who, at Halstead's table,
+had decided against David Davis, must needs make another prompt decision
+before the next paper went to press. They decided to support Greeley,
+because they had honestly led their readers to an honest belief that the
+Cincinnati movement was for the best interests of the Republic; and they
+deemed it unfair to turn against it on account of personal vexation
+against a man whose candidacy had been tolerated through the whole
+proceedings. That Greeley was an unbalanced man we all knew. That he was
+liable to go off at a tangent and that his self-esteem and
+self-confidence might put him beyond the reach of good counsel in
+affairs of great pith and moment, was the unexpressed thought of most of
+us. But we knew that his aims were patriotic, and we reflected that some
+risks are taken at every presidential election. Greeley had not yet been
+proved an unsafe President, and that was more than could be said for
+Grant. In fact, Grant's second term proved to be worse than his first.
+
+Schurz was more distressed by the "Gratz Brown trick," as it was
+commonly called, than by anything else. This had the appearance of a
+brazen political swap executed in the light of day, by which the
+presidency and the vice-presidency were disposed of as so much
+merchandise. He did not, however, in his thoughts connect Greeley with
+the trade. It was physically impossible that the latter could have been
+a party to it, if there was a trade. Nevertheless he considered the
+German vote lost beyond recall by the bad look of it.[127] My own belief
+is that Blair and Brown were jealous of Schurz's power in Missouri; that
+they feared he would become omnipotent there, dominating both parties,
+if Adams should be elected President; and that the only way to head him
+off was to beat Adams. They chose Greeley for this purpose, not because
+they had any bargain with, or fondness for, him, but because he was the
+next strongest man in the convention.
+
+The engineers of the Liberal Republican movement went their several
+ways. Those who held tariff reform of more importance than all other
+issues abjured Greeley at once. E. L. Godkin and William Cullen Bryant
+declared war against him because they considered him dangerous and
+unfit. The following correspondence which took place between Bryant and
+Trumbull was illustrative of the feelings of many others:
+
+    THE EVENING POST,
+    41 NASSAU STREET, COR. LIBERTY,
+    NEW YORK, May 8th, 1872.
+
+    MY DEAR SIR,
+
+     It has been said that you will support the nomination of Mr.
+     Greeley for President. I have no right to speak of any course
+     which you may take in politics in any but respectful terms, but
+     I may perhaps take the liberty of saying that if you give that
+     man your countenance, some of your best friends here will
+     deeply regret it. We who know Mr. Greeley know that his
+     administration, should he be elected, cannot be otherwise than
+     shamefully corrupt. His associates are of the worst sort and
+     the worst abuses of the present Administration are likely to be
+     even caricatured under his. His election would be a severe blow
+     to the cause of revenue reform. The cause of civil service
+     reform would be hopeless with him for President, for Reuben E.
+     Fenton, his guide and counselor, and the other wretches by whom
+     Greeley is surrounded, will never give up the patronage by
+     which they expect to hold their power. As to other public
+     measures there is no abuse or extravagance into which that man,
+     through the infirmity of his judgment, may not be betrayed. It
+     is wonderful how little, in some of his vagaries, the scruples
+     which would influence other men of no exemplary integrity,
+     restrain him. But I need not dwell upon these matters--they are
+     all set forth in the _Evening Post_ which you sometimes see.
+     What I have written, is written in the most profound respect
+     for your public character, and because of that respect. If you
+     conclude to support Mr. Greeley, I shall, of course, infer that
+     you do so because you do not know him.
+
+    Yours truly,
+    HON. L. TRUMBULL.
+    W. C. BRYANT.
+
+    UNITED STATES SENATE CHAMBER,
+    WASHINGTON, May 10, 1872.
+
+    WM. C. BRYANT, Esq.,
+
+     MY DEAR SIR,--Your kind and frank letter is before me. I wish I
+     could see something better than to support Mr. Greeley, but I
+     do not. Personally, I know but little of him, but in common
+     with most people supposed he was an honest but confiding man,
+     who was often imposed upon by those about him. This would be a
+     great fault in a President, I admit, but with proper
+     surroundings could be guarded against, and almost anything
+     would be an improvement on what we have. One of the greatest
+     evils of our time is party despotism and intolerance. Greeley's
+     nomination is a bomb-shell which seems likely to blow up both
+     parties. This will be an immense gain. Most of the corruptions
+     in government are made possible through party tyranny. Members
+     of the Senate are daily coerced into voting contrary to their
+     convictions through party pressure. A notable instance of this
+     was the vote on the impeachment of Johnson, and matters in this
+     respect have not improved since. If by Greeley's election we
+     could break up the present corrupt organizations, it would
+     enable the people at the end of four years to elect a President
+     with a view to his fitness instead of having one put upon them
+     by a vote of political bummers acting in the name of party.
+
+     Having favored the Cincinnati movement and Greeley having
+     received the nomination, I see no course left but to try to
+     elect him, and endeavor to surround him, as far as possible,
+     with honest men. Greeley had a good deal of strength among the
+     people and was strong in the convention outside of bargain or
+     arrangement. Many voted for him as their first choice, and in
+     Illinois I feel confident he is a stronger candidate than Adams
+     would have been.
+
+    LYMAN TRUMBULL.
+
+Sumner, although urged by many of his warmest friends both before and
+after the convention, including Frank Bird, Samuel Bowles, and Greeley
+himself (through Whitelaw Reid), to declare his position, did not break
+silence until May 31, when he made his great speech against Grant. The
+speech remains a true catalogue of the shortcomings of Grant as a civil
+administrator up to that time. All his sins of omission and of
+commission were there set forth in orderly array, together with the
+proofs. Sumner thus spared future historians a deal of trouble in
+searching the records, but the speech was not very effective in the way
+of changing votes. Sumner sometimes mistook himself for a modern Cicero
+impeaching Verres. He piled up the agony in the fashion customary in the
+pleadings of the ancient forum. He overlooked the signal services
+rendered by Grant before he held any civil office. He did not make
+allowance for the transition of a tanner's clerk, earning fifty dollars
+a month and having a family to support, first to the command of half a
+million soldiers in war time, and then to the presidency of the United
+States in time of peace, all within the period of eight years. The
+mistakes naturally arising from such crude beginnings, when meeting
+gigantic responsibilities in quick succession, ought to have excited
+pathos as well as censure. By giving due consideration to Grant's whole
+career, he would have secured a better hearing for the part of it which
+he wished to impress upon the public mind.
+
+Even now Sumner did not advise anybody to vote for Greeley. His omission
+to do so was at once construed as an argument favorable to Grant. It was
+said that the dangers involved in Greeley's eccentricities were so much
+greater than anything that Grant had done, or could do, that Grant's
+worst enemy (Sumner) would not advise people to vote for him. Not until
+the 29th of July did the Massachusetts Senator publicly speak for
+Greeley, and then only in a letter to some colored voters who had asked
+his advice. It was then too late to exert much influence. It is doubtful
+if even the colored men who had sought his advice gave any heed to it.
+Probably the reason why Sumner did not speak earlier was that he
+hesitated to break from his abolitionist friends, Garrison, Phillips,
+and others, who had besought him not to join the Democrats. When he did
+finally join the forces supporting Greeley, his old friend Garrison
+turned upon him and chastised him severely in a series of open letters,
+which Sumner declined to read.
+
+FOOTNOTES:
+
+[126] Chicago _Times_, April 22.
+
+[127] Frank W. Bird, of Boston, who went to Cincinnati as an anti-Adams
+delegate, wrote to Charles Sumner on May 7: "Don't believe a word about
+the trade, in any discreditable sense, between Blair and Brown on the
+one part and the Greeley men on the other. Undoubtedly Blair wanted to
+head off Schurz, and equally truly an arrangement was made, or an
+understanding reached, on Thursday night, in a certain contingency to
+unite a portion of the Brown and Greeley forces: but, except perhaps in
+the motives of the leading negotiators on one side, there was nothing
+unusual in the affair, nothing that is not usually--indeed, almost
+necessarily--done in such conventions; nothing that was not contemplated
+and even proposed by the Adams men." (Sumner papers in Harvard
+University Library.)
+
+
+
+
+CHAPTER XXVI
+
+THE GREELEY CAMPAIGN
+
+
+My own feelings immediately after the nomination were set forth in a
+telegram to the Chicago _Tribune_ published in its issue of May 4. The
+chief part was in these words:
+
+     CINCINNATI, May 3.--The nomination of Mr. Greeley was
+     accomplished by the people against the judgment and strenuous
+     efforts of politicians, using the latter word in its larger and
+     higher sense. The Gratz Brown performance has given the whole
+     affair the appearance of a put-up job, but it was merely a
+     lucky guess. The Blairs and Browns do not like Schurz. To
+     defeat a candidate who was likely to be on confidential terms
+     with Schurz, as either Adams or Trumbull would have been, was
+     the thing nearest to their hearts, and for this purpose Brown
+     made his appearance here. His speech in the Convention fell
+     like dish-water on the whole assemblage, and, being followed by
+     the transfer of the Missouri votes to Trumbull, instead of
+     Greeley, showed that he had no influence in his own delegation.
+     The changes from Brown to Greeley were few and far between, and
+     in a short time the convention only remembered that Brown had
+     been a candidate once and was so no longer. But the personal
+     popularity of Greeley was more than a match for the
+     intellectual strength of Trumbull and the moral gravity of
+     Adams. He was stealing votes from both of them all the time.
+     When the Illinois delegation at last perceived that the heart
+     of the convention was carrying away the head, and retired for
+     consultation, the surprising fact was developed that fifteen of
+     their own number preferred Greeley to any candidate not from
+     their own state. The supporters of Adams, while entertaining
+     the most cordial feeling for the friends of Trumbull, think
+     that if the latter had come over to Adams's corner the result
+     would have been different. I do not think so. If the Illinois
+     vote could have been cast solid for Adams at an earlier stage,
+     the result might have been different: but there was no time
+     when Adams could have got more than the twenty-seven votes
+     which were finally cast for him. The contingency of having to
+     divide between Adams and Greeley had never been considered,
+     and, therefore, no time had been allowed to compare views. The
+     vote of the state being thus divided, its weight was lost for
+     any purpose of influencing other votes. Then gush and hurrah
+     swept everything down, and, almost before a vote of Illinois
+     had been recorded by the secretary, the dispatches came rushing
+     to the telegraph instruments that Greeley was nominated. For a
+     moment, the wiser heads in the convention were stunned, though
+     everybody tried to look perfectly contented. Of all the things
+     that could possibly happen, this was the one thing which
+     everybody supposed could not happen. Not even the Greeley men
+     themselves thought it could happen. The only able politician
+     who seemed to be really for Greeley was Waldo Hutchins, of New
+     York, and even his sincerity was questioned by Greeley's
+     backbone friends as long as the Davis movement was regarded as
+     still alive.
+
+How the news was received by Trumbull was told by the New York
+_Herald's_ Washington dispatch of May 3:
+
+     ... The scene in the Senate, when the news was received, was
+     one of complacent dignity, such as only the members of that
+     body could arrange, even if they had studied to prepare
+     themselves for an art tableau. Mr. Fenton was the recipient of
+     the dispatches, and his chair was consequently surrounded by a
+     crowd of the less dignified Senators, who could not wait to
+     have the telegrams passed around. Trumbull was the most
+     undisturbed of all those on the floor. His equanimity
+     astonished his friends as well as the numerous strangers in the
+     galleries, who watched closely for indications of excitement in
+     his parchment-like face. In truth, he seemed to get the news
+     rather by some occult process of induction, if he got it at
+     all, than by the course usual to ordinary men. Other members
+     smiled, made comments, exchanged opinions and preserved their
+     dignity with customary success; but he alone asserted an
+     immobility of demeanor that will last for all time, in the
+     memory of its witnesses, as a remarkable instance of
+     self-possession. At last, when every one else had delivered
+     himself of some criticism he remarked to those in his
+     immediate vicinity: "If the country can stand the first
+     outburst of mirth the nomination will call forth, it may prove
+     a strong ticket."
+
+Carl Schurz was slow in reaching a decision to support the ticket. His
+first endeavor was to induce Greeley, in a friendly way, to decline the
+nomination, by showing him the sombre aspects of the campaign ahead. In
+a letter dated May 18, he told Greeley that the dissatisfaction of an
+influential part of the Liberal Republican forces was such that a
+meeting had been called to consider the question of putting another
+ticket in the field before the Democrats should hold their convention.
+Other discouraging features were presented and the letter concluded with
+these words:
+
+     I have, from the beginning, made it a point to tell you with
+     entire candor how I feel and what I think about this business,
+     and now if the developments of the campaign should be such as
+     to disappoint your hopes, it shall not be my fault if you are
+     deceived about the real state of things.
+
+To this Greeley replied on the 20th, saying that his advices warranted
+him in predicting that New York would give 50,000 majority for the
+Cincinnati ticket, and that New England and the South would be nearly
+solid for it, while in Pennsylvania and the Northwest the chances were
+at least even. He ended by saying: "I shall accept unconditionally."
+
+The meeting foreshadowed in Schurz's letter to Greeley took place at the
+Fifth Avenue Hotel on the 20th of June. It was composed mainly of
+persons who had participated in the Cincinnati Convention and had been
+greatly disappointed by Mr. Greeley's nomination. William Cullen Bryant
+presided, but fell asleep in the chair soon after the proceedings began.
+The first speech was made by Trumbull, who said that his mind was made
+up to support the Cincinnati ticket. He thought that Greeley had gained
+strength during the first month of the campaign and that the chances of
+his election were good. He could see no reason for nominating another
+ticket. That would simply be playing into the hands of the supporters of
+Grant.
+
+Schurz's position, as reported by the _Nation_, was this:
+
+     That he, more than any other man, was chagrined by the result
+     of Cincinnati; that he does not consider Mr. Greeley a
+     reformer, and has no expectations of any reforms at his hands,
+     and will say so on the stump; that he believes him "to be
+     surrounded by bad men"; that he (Mr. Schurz), however, is so
+     satisfied of the necessity of defeating Grant and dissolving
+     existing party organizations, that he is ready to use any
+     instrument for the purpose, and will, therefore, support
+     Greeley in the modified and guarded manner indicated above. He
+     looks forward, with a hopefulness bordering on enthusiasm, to
+     the good things which will grow out of the confusion following
+     on Greeley's election, and is deeply touched by the Southern
+     eagerness for Greeley.
+
+A private letter from E. L. Godkin to Schurz, dated Lenox,
+Massachusetts, June 28, gives reasons for deprecating the course that
+the latter had decided to take in the campaign.
+
+     He has considered Schurz's words about Greeley; would be most
+     glad could he see any way to join in supporting Greeley, Schurz
+     being the one man in American politics who inspires Godkin with
+     some hope concerning them. He maturely considered what he could
+     and would do when Greeley was first nominated. In view of his
+     own share in bringing public feeling to the point of creating
+     the convention, he would have stood by Greeley if possible; saw
+     no chance to do so and sees none now; is satisfied he can have
+     nothing to do with Greeley. If Greeley gave pledges, and broke
+     them, "_as I believe he would_," it would be no consolation to
+     Godkin that an opposition would thereby be raised up. He went
+     through all this with Grant, who gave far better guarantees
+     than Greeley offers, "and he made fine promises and broke them,
+     and good appointments and reversed them, and I have in
+     consequence been three years in opposition." Cannot afford to
+     repeat this. "Greeley would have to change his whole nature, at
+     the age of 62, in order not to deceive and betray you," and
+     when he has done so it will be too late to atone for having
+     backed him by turning against him, which would then merely
+     discredit one's judgment, and invite suspicion of some personal
+     disappointment. Moreover, the small band of political reformers
+     will have fallen into disrepute and become ridiculous and the
+     country will be worse off than before. Feels that Schurz is
+     sacrificing the future in taking Greeley on any terms....
+
+Parke Godwin was even more bitter against Greeley. He wrote to Schurz
+under date May 28:
+
+     "... I have so strong a sense of Greeley's utter unfitness for
+     the presidency that I cannot well express it. The man is a
+     charlatan from top to bottom, and the smallest kind of a
+     charlatan,--for no other motive than a weak and puerile vanity.
+     His success in politics would be the success of whoever is most
+     wrong in theory and most corrupt in practice." All the most
+     corrupt spoilsmen of either side are either with him now or
+     preparing to go to him. It is the first of duties to expose him
+     and his factitious reputation. Grant and his crew are bad,--but
+     hardly so bad as Greeley and his would be. Besides, Grant,
+     though in very bad hands, has his clutches full: Greeley's set
+     would be newcomers.
+
+The regular Republican Convention met at Philadelphia, June 5, and
+nominated General Grant for President by unanimous vote. The names of
+Henry Wilson, Schuyler Colfax, and several others were presented for
+Vice-President. On the first roll-call Wilson had 361 votes and Colfax
+306, and there were 66 for other candidates. Before the result was
+announced, 38 votes from Southern States were changed to Wilson, giving
+him 399, a majority of the whole number cast. This decision was brought
+about by the wish of Grant himself, communicated to General Grenville
+M. Dodge before the convention met. Grant had no liking for Colfax.[128]
+
+The platform of the convention laid stress on the imperative duty of
+"suppression of violent and treasonable organizations in certain lately
+rebellious regions and for the protection of the ballot-box." This meant
+the stern execution of the Ku-Klux Law, under suspension of the writ of
+_habeas corpus_, which was already in progress. The remainder of the
+platform was either "pointing with pride" at past achievements, or
+clap-trap of various kinds, including a promise to take good care of
+capital and labor, so as to secure "the largest opportunities and a just
+share of the mutual profits of these two great servants of
+civilization."
+
+The Democratic National Convention met at Baltimore, July 9, and adopted
+both the platform and the candidates of the Cincinnati Convention. This
+involved a complete reversal of the party's principles as declared in
+its last previous platform, but it was not inconsistent with inexorable
+facts. There was nothing else to be done unless the party was determined
+still to battle against the result of the Civil War. It was inevitable,
+however, that there should be a remnant of the party that would never
+vote for Greeley--the man who above all others had gored them most
+savagely in the fights of a quarter of a century. The dissentients
+called and held a convention at Louisville, September 3, where they
+nominated Charles O'Conor of New York for President and John Quincy
+Adams for Vice-President, both of whom declined. Other attempts to put a
+third ticket in the field came to nothing. The recalcitrants either
+voted for Grant or abstained from voting altogether.
+
+Trumbull took an active part in the campaign, speaking to large crowds
+and almost incessantly in Maine, New York, Pennsylvania, Ohio, Michigan,
+Indiana, and Illinois. His first speech was made at Springfield,
+Illinois, June 26, a synopsis of which will serve to indicate the views
+which he advocated.
+
+     He said that he was glad to explain to Illinoisans the position
+     he had felt it his duty to take on many points. It was now more
+     than seventeen years that he had represented the state in
+     Washington. In that time the principles on which the Republican
+     party was formed had all been settled. Nothing remained but the
+     machinery, which had fallen into the hands of those who sought
+     to use it for merely selfish ends. During his service he had
+     sometimes not acted according to the views of all his
+     constituents, but he had not failed to follow his own sense of
+     duty and right. Within the last ten years many abuses had crept
+     into the Government and numerous defalcations had occurred,
+     perhaps the most noted being that of Hodge, paymaster, in the
+     office of the Paymaster-General, "whose defalcations, occurring
+     right under the eye of the Government, amounted to more than
+     $400,000." An investigating committee had reported to a
+     previous Congress great abuses in the New York
+     Custom-House--bribery and demoralization. At the beginning of
+     the recent session he [Trumbull] had introduced a resolution
+     for a joint committee of investigation, with power to send for
+     persons and papers; introduced it in good faith to unearth
+     frauds, if existent, and to correct them, without design of
+     injuring the party. "I was simple-minded enough to believe that
+     the Republican party, ... with which I had been identified for
+     so many years, would be lifted in public estimation ... if it
+     had the virtue and the honesty to expose, even among its own
+     members, wrong, corruptions, and fraud if fraud existed, and to
+     apply the proper corrective. And I was very much astonished
+     when that proposition was met by gentlemen in the Senate who
+     constitute what, for brevity's sake, I may denominate a
+     Senatorial Ring, denouncing me as unfaithful to the Republican
+     party and as throwing dirt upon it by offering a resolution to
+     inquire into the conduct of public officers."
+
+     The public indignation aroused by this forced the Senatorial
+     Ring to action. "A party caucus of Republican Senators was
+     called, and a scheme devised to change the character of the
+     resolution, and to organize and pack the committee, which,
+     instead of going forth to uncover and expose corruption, should
+     go forth to conceal and cover it up. The proposition for the
+     joint committee of the two houses, with power to send for
+     persons and papers, was voted down, and in its place a
+     resolution was passed creating a committee of the Senate alone.
+     The members of the committee were selected in a party caucus,
+     and not a single Republican Senator who had originally favored
+     the investigation was placed upon the committee. This was
+     contrary to parliamentary law, and contrary to the plainest
+     principles of common sense, if the object was to discover
+     abuses, and contrary to that ordinary rule which says that a
+     child must not be put to a nurse who cares not for it. This
+     investigation was placed in the hands of the parties to be
+     investigated...." Even this committee, going to New York, could
+     not, however, shut their eyes to the enormous abuses there. But
+     they did give public notice that any merchants who had paid
+     bribe money to customs officials would be prosecuted to the
+     extent of the law, thereby securing the non-appearance of any
+     such merchant as a witness. They acted as if sent to
+     investigate merchants, not officials.... And the Senate Ring
+     would allow no measure to be considered tending to rectify
+     these abuses, wanting to keep the spoils to carry next fall's
+     elections. A bill from the House was referred to the Judiciary
+     committee, which had a majority of Ring members,--a bill to
+     inaugurate reforms and to protect merchants from plunder.
+     Although it was before the committee two months it was never
+     reported to the Senate. "I made two motions in the Senate to
+     have the committee discharged and to bring the bill before the
+     Senate, that it might receive its attention, but they were
+     voted down under party drill."
+
+     "Let me tell you of another committee of investigation, raised
+     in the House of Representatives, and packed also by an
+     obsequious and partisan Speaker,--a committee, a majority of
+     which consisted of the friends of the Secretary of the Navy
+     whose conduct was about to be investigated. I want to tell you
+     what that committee did, and I think you will be astonished
+     when I state the fact that a committee of members of the House
+     of Representatives could have been found, who were so blinded
+     by party zeal, so full of bigotry or cowardice that they could
+     not see, or were afraid to expose, violations of the law on the
+     part of political associates. This committee was raised on the
+     motion of Governor Blair, of Michigan, a high-minded,
+     independent, and able Republican.... At his [Blair's] instance,
+     a committee was raised to inquire into certain transactions in
+     the Navy Department, presided over by Secretary Robeson....
+     Among many of the things that the committee was instructed to
+     inquire into ... was a claim for building certain vessels for
+     the Government of the United States during the war. I have the
+     precise figures here, giving the exact amounts which the
+     Government contracted to pay for the construction of the three
+     vessels, Tecumseh, Mahopac, and Manhattan. The contract was
+     made in 1862, and the Government agreed to pay a contractor of
+     the name of Secor $1,380,000 for the construction of these
+     three vessels. After the contract was made, the Government
+     desired some changes in the plans of the vessels, and a board
+     of naval officers was appointed to superintend them and to
+     certify bills for extra work, which they did to the amount of
+     more than $500,000. The vessels were furnished, the contract
+     price paid--the sum due for the extra work was paid, and it was
+     all settled and closed in the Navy Department in 1865. But
+     these contractors, who had received more than $1,900,000 for
+     building the vessels and the extra work, came to Congress by
+     petition, and complained that they still had not received as
+     much as they ought, because they said that they were delayed in
+     their contracts by the action of the Government; that while
+     thus delayed the price of labor and of materials advanced, and
+     they had met with great loss, and they, therefore, asked
+     Congress to allow them something more. Congress, in 1867,
+     passed a law directing the Secretary of the Navy to look into
+     this matter and report to the next session. The Secretary
+     appointed a board of Naval officers, who made the
+     investigation, and reported to Congress that these Secors ought
+     to be allowed $115,000 more (I use round numbers)--$115,000 in
+     addition to what they had already received, and put into the
+     law these words, 'which shall be in full discharge of all
+     claims against the United States on account of the vessels upon
+     which the Board made the allowance as per this report.' Now,
+     do any of you, does any lawyer, ... know how to write a
+     stronger clause than that to end this claim? If you do, I do
+     not.... The Secors, in 1868, received the $115,000 and gave
+     their receipt.... Would you believe it possible that the
+     Secretary of the Navy would, after that, pay anything more?...
+     Mr. Robeson, in 1870, ... on his own motion, without any act of
+     Congress authorizing it, proceeds to reinvestigate this claim,
+     and without coming to Congress at all pays over to these
+     gentlemen $93,000 more. Well, that is not the worst of it. He
+     might just as well have paid them $93,000,000. The Congress of
+     the United States never appropriated any money to pay this
+     $93,000, but the Secretary of the Navy took the money
+     appropriated for other purposes and other years and paid it out
+     of that. This is bad enough.... But when this packed committee
+     came to examine this transaction, a majority of its members
+     reported that the transactions only involved a mere difference
+     of opinion as to the construction of the law, and, in their
+     opinion, the Secretary had construed it rightly. And Mr.
+     Robeson, instead of being rebuked, is commended by the
+     committee, and is continued in office. It is due to the
+     chairman of the committee--Governor Blair, of Michigan, and one
+     of his associates--the committee consisted of five members--to
+     say that they dissented from the majority report, and held that
+     the transaction was not only without authority of law, but in
+     direct violation of it....
+
+     "I was never a party man to the extent of being willing to
+     serve the party against my country and if, to-day, I am acting
+     with the Liberal Republican party, if I have denounced these
+     transactions at the hazard of being myself denounced, it was
+     done in good faith on my part, for the purpose of correcting
+     abuses, and appealing from a party tyranny established by a
+     Senatorial Ring to the honest, intelligent, upright citizens of
+     the country, who are bound by no such shackles as will compel
+     them to cover up fraud and iniquity in any party...."
+
+     He mentioned the encroachments of the Federal Government, as in
+     the attempt to destroy the privilege of the writ of _habeas
+     corpus_ in the last session of Congress, as a bill virtually
+     placing the elections of the Southern States under the
+     direction of the President. If the people have become so far
+     indifferent to their rights as to permit the President to
+     suspend the writ of _habeas corpus_ at will, and to control
+     and supervise their elections, their liberties are gone, and
+     "they have only to wait until a man sufficiently ambitious
+     reaches the Presidency, for him to grasp and maintain absolute
+     powers."
+
+The speech was two hours long, and concluded with this tribute to
+Greeley:
+
+     ... Mr. Greeley [he said] is a man of the highest character and
+     intelligence. No man in the land is better acquainted with the
+     public men of the country than he. He is a man of purity of
+     character, of strict honesty, who would not look upon
+     corruption and official delinquency with the least degree of
+     allowance. You may rely upon that and upon his bringing about
+     him the ablest men of the land to form a strong and able
+     Administration, because he knows who the able men are, and
+     could have no other motive than to make his Administration a
+     success, as he will not seek a reëlection. I am not in the
+     habit of saying much about individuals, but I think I may say
+     to you that you may trust Horace Greeley for an honest
+     administration of the Government, and that is what the people
+     of the country want. You may trust him above almost all other
+     men in this land for bringing about that state of good feeling
+     between the North and the South, so essential to the peace and
+     prosperity of the nation.
+
+The campaign started with considerable éclat among the ranks of
+Greeley's supporters and corresponding depression on the other side.
+Carl Schurz, who took the laboring oar, at first with reluctance
+bordering on gloom, gathered confidence as he progressed in his stumping
+tour. Enthusiasm for the old white hat seemed to be no figment of
+imagination, but a living reality. All eyes were fixed upon North
+Carolina which had an election for state officers on the 1st of August,
+and which the Liberals expected to win. The early returns seemed to
+justify their confidence, but there was a change when the western
+mountain districts were heard from. The supporters of Grant carried the
+state by about 2000 majority. This wound was not so deep as a well nor
+so wide as a church door, but it answered one purpose. It ended the "old
+white hat" enthusiasm and turned attention to the more sober and solid
+aspects of the campaign. That Greeley was an unbalanced character, that
+he was lacking in steadiness, in mental equipoise and ability to look at
+both sides of any question where his feelings were strongly enlisted, it
+was easy to show by many examples in his brilliant career. His
+occasional controversies with Lincoln during the war, in which he was
+invariably worsted, were now reproduced with effect by the orators on
+the Grant side, and the old white hat and coat and the Flintwinch
+neck-tie were savagely pictured by Tom Nast in _Harper's Weekly_. There
+were satirical persons who said that Greeley took as much pains to make
+himself a harlequin as another might take to make himself a dandy.
+
+The attacks were not without effect upon people who had never seen
+Greeley face to face. To his immediate friends in New York it seemed
+necessary that he should show himself to the public so that people might
+know he was a man of solid parts, of statesmanlike proportions and brain
+power. He was persuaded to make a series of speeches in Indiana, Ohio,
+and Pennsylvania in the month of September, as those states were likely
+to have a decisive influence on the country in their local elections,
+which took place in October. Accordingly he took the stump, beginning at
+Jeffersonville, Indiana, and moving eastward. His speeches surprised
+both friends and enemies by their high tone, argumentative force, good
+temper, and versatility and vigor of expression. The main point which he
+sought to enforce was the need of restored peace and brotherhood in all
+the land. No pleading could be more persuasive or more touching. No
+doubt can exist of the sincerity with which it was uttered.
+
+It was somewhat droll that in the last speech of the series he was
+confronted by a speaker on the Grant side at Easton, Pennsylvania,
+September 28, who predicted that if Greeley were elected all the furnace
+fires in the Lehigh Valley would be put out and their working-people
+thrown upon the almshouses. This to the stoutest champion of the
+protective tariff then living! He was not, however, struck dumb by the
+prospect of the early impoverishment of the iron workers. He said:
+
+     A recent speaker of the opposition has asserted that if I were
+     made President all the furnace fires in the Lehigh Valley would
+     presently be put out. This seems incredible. All men know I am
+     a protectionist; but that I would not veto any bill fairly
+     passed by the Congress of the United States modifying or
+     changing the tariff is certainly true. I do not believe in
+     government by selfish rings, but I believe just as little in
+     government by the one-man power. I don't believe in government
+     by vetoes. The veto power of the President is not given him to
+     enable him to reject every bill for which he would have refused
+     to vote if a member of Congress, but only to be employed in
+     certain great emergencies where corruption or recklessness has
+     passed a measure through Congress which would not stand the
+     test of inquiry. I tell you, friends, I believe in legislation
+     by Congress, not by Presidents, and I should myself approve and
+     sign a bill which had a fair majority in Congress, although in
+     my judgment it was not accordant with public policy--with the
+     wisest policy.
+
+Although Greeley's stumping tour raised him in the public estimation, it
+is doubtful if it gained him any votes. It was now too late. People's
+minds were made up and nothing could change them, not even the
+Crédit-Mobilier scandal. General Grant was not concerned in this
+scandal, but a number of his most distinguished supporters, the very
+pillars of the Republican party, beginning with Vice-President Colfax,
+were named as guilty of taking bribes to influence their votes in
+Congress for the Union Pacific Railroad. This accusation was not made
+public until September, and then by accident. Most of the persons
+accused made denial, and since no investigation could be had until the
+next session of Congress (a month later than the election), nobody was
+bound to give credence to an unproved charge. The general answer of the
+supporters of Grant was that they would not withhold their votes from
+him even if the charge were true. Nor could they be blamed for so
+saying. If the persons accused were really guilty, they would be
+punished in due time, or at all events exposed, and exposure would
+itself be punishment. It is needless to go into the details of the
+Crédit-Mobilier scandal here. It was investigated by an able and
+impartial committee of the House, and all the guilty ones were visited
+with such punishment as Congress could legally inflict.
+
+Of the three October states, Pennsylvania and Ohio gave large Republican
+majorities and Indiana a small majority for Hendricks (Democrat) for
+governor. This was decisive of the general result in November. Greeley
+and Brown were overwhelmingly defeated. The only states that gave them
+majorities were Georgia, Kentucky, Maryland, Missouri, Tennessee, and
+Texas, having altogether 66 electoral votes. The others gave Grant and
+Wilson a total of 272 electoral votes. The state of New York, which
+Greeley, in his letter to Schurz, had claimed by 50,000, gave 53,000
+majority against him.
+
+I have always held the opinion that either Adams or Trumbull could have
+been elected if nominated at Cincinnati. I think also that Adams was the
+stronger of the two, because he had incurred no personal ill-will during
+the twelve years of war and Reconstruction and because the minds of the
+Democratic leaders who had encouraged the Liberal movement were eagerly
+expecting him. There would have been no bolting movement in that
+quarter. The Germans also were enthusiastic for Adams, and although they
+would have supported Trumbull willingly, there would have been perhaps a
+trifle less of cordiality for him. Neither of the two was gifted with
+personal "magnetism," but either of them had as much of that quality as
+Grant had, or as the public then desired. The voters were not then in
+search of the sympathetic virtues. There was a yearning for some
+cold-blooded, masterful man to go through the temple of freedom with a
+scourge of small cords driving out the grafters and money-changers.
+Adams was qualified for this rôle. He was also the man of whom the
+Republican leaders had the gravest fears as an opposing candidate.
+
+The campaign and its result killed poor Greeley. The election took place
+on the 5th of November. On the 10th he wrote a letter of two lines
+marked "private forever" to Carl Schurz, saying:
+
+     I wish I could say with what an agony of emotion I subscribe
+     myself, gratefully yours, Horace Greeley.
+
+He then took to his bed and his friends became alarmed. Frequent
+bulletins were published in the _Tribune_ showing that he was a victim
+of insomnia, from which, the paper said, he had been a sufferer, more or
+less, at former periods of his life. He died on the 29th. His wife had
+died one month earlier, October 30. History says that he died of a
+broken heart.[129]
+
+That Greeley had been eager for public office from an early period was
+shown by his famous letter withdrawing himself as junior partner from
+the firm of Seward, Weed, and Greeley. When the Cincinnati nomination
+came to him his fondest dreams seemed to be on the eve of fulfillment.
+Now all such dreams had vanished, a political party of noble aspirations
+had foundered on him as the hidden rock, his self-esteem had received an
+annihilating blow, and his beloved _Tribune_, the labor of his lifetime,
+was supposed to be ruined pecuniarily. Whatever his faults may have
+been, he received his punishment for them in this world. He was only
+sixty-two years of age, of sound constitution and good habits, and had
+never used liquor or tobacco. He ought to, and probably would, have
+lived twenty years longer if he had put away ambition and contented
+himself with the repute and influence he had fairly earned. He was the
+most influential editor of his time and country, but as a political
+writer E. L. Godkin was his superior, and in fact Godkin, in the columns
+of the _Nation_, contributed more than any other writer, perhaps more
+than any other person, to his overthrow.
+
+       *       *       *       *       *
+
+The state election of Louisiana in 1872 had resulted in a disputed
+return for governor and legislature. One set of returns showed a
+majority for John McEnery, the conservative candidate. Another set
+showed a majority for William P. Kellogg, Republican. The sitting
+governor, Warmoth, controlled the returning board and he favored
+McEnery. A former returning board headed by one Lynch had been dissolved
+by an act of the legislature. To this defunct board the supporters of
+Kellogg appealed. The Lynch Board, without any actual returns before
+them, declared Kellogg elected. They then procured an order from Judge
+Durell, of the United States Circuit Court at New Orleans, to the United
+States Marshal, Packard, who had a small military force at his command,
+to seize the State House. This was done and the act was approved by
+President Grant. An appeal to him from the better class of citizens of
+New Orleans was rejected. The excitement in Congress growing out of this
+usurpation was intense, even among Republicans. The Senate Committee on
+Privileges and Elections was ordered to make an investigation, which it
+did, and it reported, through Senator Carpenter on the 20th of February,
+that the action of Judge Durell was illegal and that all steps taken in
+pursuance of it were void. It recommended a new election and reported a
+bill for holding it; but Senator Morton, who made a minority report,
+prevented it from coming to a vote. Trumbull, who was also a member of
+the committee, made a report more drastic than that of Carpenter and
+supported his own view by a speech delivered on the 15th of February.
+
+     Here you have [he said] an order sent from the city of
+     Washington on the 3d day of December, which was before Judge
+     Durell issued his order to seize the State House and organize a
+     legislature, and directing that nobody should take part in the
+     organization except such persons as were returned as members by
+     what was known as the Lynch Board, a board which the committee,
+     in their report drawn by the Senator from Wisconsin, say had
+     been abolished by an act of the legislature, and had not a
+     single official return before it. It undertook to canvass
+     returns without having any returns to canvass. On forged
+     affidavits, hearsay, and newspaper reports and verbal
+     statements, the Lynch Returning Board, consisting of four men,
+     without legal existence as a returning board, got together and
+     without one official return, or other legitimate evidence
+     before them, undertook to say who should constitute the
+     Legislature of Louisiana.[130]
+
+This was Trumbull's last speech in the Senate and was one of his best,
+but other influences prevailed with Grant.[131]
+
+Thus Kellogg and his crew became the masters of Louisiana, and four
+years later became the deciding factor in the Hayes-Tilden presidential
+contest.
+
+FOOTNOTES:
+
+[128] This fact was given to me by General Dodge, in writing.
+
+[129] John Bigelow's Diary, under date Nov. 28, 1872, contains the
+following entry:
+
+"Greeley is now in a madhouse, and before morning will probably be
+dead--so Swinton tells me to-day; and Reid, whom I saw to-day, confirms
+these apprehensions." _Retrospections of an Active Life_, v, 91.
+
+[130] _Cong. Globe_, 1873, p. 1744.
+
+[131] Rhodes thinks that the influence which prevailed with Grant in
+this instance was that of Morton. (_History of the United States_, VII,
+111.)
+
+
+
+
+CHAPTER XXVII
+
+LATER YEARS
+
+
+The defeat of the Liberal Republicans terminated Trumbull's official
+career. His senatorial term expired on the 3d of March, 1873. The
+regular Republicans carried the legislature of Illinois, and Richard J.
+Oglesby was elected Senator in his stead. He was now sixty years of age
+and he resumed the practice of his profession in the city of Chicago,
+which had been his place of residence during the greater part of his
+senatorial service. His law firm at the beginning was Trumbull, Church &
+Trumbull, the second member being Mr. Firman Church and the third Mr.
+Perry Trumbull, a son of the ex-Senator. Mr. William J. Bryan soon
+afterward became a student in the office. Various changes took place in
+the Trumbull law firm. Mr. Church removed to California, and his place
+was taken by Mr. Henry S. Robbins, and the firm became Trumbull,
+Robbins, Willetts & Trumbull. Mr. Hempstead Washburne, son of Hon. Elihu
+B. Washburne, became a member of the firm later. Trumbull's reputation,
+talents, and experience soon gave him a place in the front rank of his
+profession, which he maintained till the end of his long life. I shall
+not attempt to follow the details of his career at the bar except as
+they touch upon public questions. The first affair of this kind was the
+Hayes-Tilden disputed election of 1876.
+
+The second Grant Administration was more lamentable than the first in
+respect of military rule, turbulence, and bloodshed in the South and
+corruption in the civil service in the North. These evils became so
+glaring and intolerable that the Republican party suffered a disastrous
+defeat in the congressional elections of 1874, and failed to secure a
+majority of the popular vote in the presidential election of 1876. The
+opposing candidates in this contest were Hayes (Republican) and Tilden
+(Democrat). One hundred and eighty-five electoral votes were necessary
+to a choice. The undisputed returns gave Tilden 184 and Hayes 166. Those
+of Florida, Louisiana, and South Carolina were in dispute. It was
+necessary that Hayes should have all of them in order to be the next
+President. All of these states were under military control, and the
+returning boards who had the power of canvassing the votes, and the
+governors who had the power of certifying the result to Congress, were
+Republicans.
+
+The excitement in the country when this condition became known was
+extreme. No confidence was placed in the character of the Southern
+returning boards. That of Louisiana consisted of three knaves and one
+fool,[132] and the governor of the state was W. P. Kellogg, who had
+acquired the office by the acts of usurpation described in the preceding
+chapter. It was seen at once that unless some respectable tribunal could
+be devised to decide between the conflicting claims the country might
+drift into a new civil war. The first thing to be done was to endeavor
+to secure a fair count of the ballots cast in the disputed states. To
+this end a certain number of "visiting statesmen" were chosen by the
+heads of their respective political parties to go to the scene of the
+contest and watch all the steps taken by the canvassers of the votes.
+President Grant appointed those of the Republican party and Abram S.
+Hewitt, chairman of the National Democratic Committee, appointed the
+others. Trumbull had voted for Tilden in the election, and he was
+chosen by Hewitt as one of ten visiting statesmen for Louisiana. Senator
+Sherman, of Ohio, was one of the Republican visitors. Congress passed a
+law on the 29th of January, 1877, to create an Electoral Commission,
+consisting of five Senators, five Representatives, and five judges of
+the Supreme Court, to take all the evidence in regard to the disputed
+elections and to render a decision thereon by a majority vote of the
+fifteen members. Four of the five judges of the Supreme Court were named
+in the act of Congress. They were Miller and Swayne, Republicans, and
+Clifford and Field, Democrats, and the act provided that these four
+should choose the fifth. It was the general expectation that they would
+choose David Davis as the fifth member, as he was commonly classed as an
+Independent, since he had been a candidate in the Cincinnati Convention,
+which nominated Greeley. But, on the very day when the Electoral
+Commission Bill passed, Davis was elected by the legislature of Illinois
+as Senator of the United States, to succeed Logan whose term was
+expiring. Davis accepted the senatorship and declined to serve as the
+fifth judge. Thereupon Bradley was chosen in his stead.
+
+Trumbull was chosen as one of the counsel on the Tilden side to argue
+the Louisiana case. On the 14th of February he appeared before the
+Commission and offered to show that the votes certified by the
+commissioners of election in the voting precincts of Louisiana to the
+supervisors of registration, who were the officers legally appointed to
+receive the same, showed a majority varying from six to nine thousand
+for the Tilden electors; that the returning board did not receive from
+any poll, voting place, or parish, and did not have before them, any
+statement, as required by law, of any riot, tumult, act of violence,
+intimidation, armed disturbance, bribery, or corrupt influence tending
+to prevent a free, fair, peaceable vote; that the supervisors of
+registration, without any such statements of violence or intimidation,
+omitted to include in the returns of election, or to make any mention of
+the same, votes amounting to a majority of 2267 against W. P. Kellogg,
+one of the Hayes electors; that the votes cast on the 7th of November,
+1876, had never been compiled or canvassed; that the votes had never
+been opened by the governor in the presence of the other state officers
+required by law to be present, nor in the presence of any of them; that
+the law of Louisiana required that both political parties should be
+represented on the returning board, but that all the members, four in
+number, were Republicans, and that although there was one vacancy on the
+board they refused to fill it by choosing anybody; that the returning
+board employed as clerks and assistants four persons, whose names were
+given, all of whom were then under indictment for crime, to whom was
+committed the task of compiling and canvassing the returns, and that
+none but Republicans were to be present; and that all the decisions of
+the returning board were made in secret session.
+
+     Not to detain you [said Trumbull] as to this Government in
+     Louisiana, I will only say that it is not a republican
+     government, for it is a matter that I think this Commission
+     should take official knowledge of, that the pretended officers
+     in the state of Louisiana are upheld by military power alone.
+     They could not maintain themselves an hour but for military
+     support. Is that government republican which rests upon
+     military power for support? A republican government is a
+     government of the people, for the people, and by the people:
+     but the Government in Louisiana has been nothing but a military
+     despotism for the last four years, and it could not stand a day
+     if the people were not overborne by military power.
+
+His speech was about two hours long, and he was followed by Carpenter
+and Campbell on the same side. The leading argument on the Hayes side
+was made by Mr. E. W. Stoughton, of New York, who contended that neither
+the Commission nor Congress itself could go behind the official returns
+certified by the governor of the state of Louisiana, and that the
+recognition of Kellogg as governor by the President of the United States
+was conclusive evidence of the fact that he was the person empowered to
+act in that capacity.
+
+By a vote of eight to seven the Commission decided in favor of
+Stoughton's contention, and the same rule was applied to all the other
+disputed returns, and by this ruling the presidential office was awarded
+to Rutherford B. Hayes.
+
+Under the circumstances then existing, and with the characters then
+holding office in Louisiana, it is obvious that the latter had power to
+throw out an unlimited number of Tilden votes if necessary to make a
+majority for Hayes. It is not obvious that the supporters of Tilden had
+power to intimidate an unlimited number of negroes; the number of the
+latter was slightly less than the number of whites in the State, and it
+was known that some of the negroes had joined the conservative party.
+Moreover, the Kellogg government was shamefully illegal, even as
+measured by the standards then enforced upon the South. It is fair to
+presume, therefore, that Tilden was justly entitled to the electoral
+votes of Louisiana. That is my belief although I voted for Hayes.
+
+It does not follow, however, that the decision of the Electoral
+Commission was wrong. That body was bound to consider the remote as well
+as the immediate consequences of its acts. It was engaged in making a
+precedent to be followed in similar disputes thereafter, if such should
+arise. If Congress, or any commission acting by its authority, should
+assume the functions of a returning board for all the states in future
+presidential elections, what limit could be set to their investigations,
+or to the passions agitating the country while the same were in
+progress? In short, the Electoral Commission was sitting not to do
+justice between man and man, but to save the Republic. Even if it made a
+mistake in the exercise of its discretion, the mistake was pardonable.
+
+       *       *       *       *       *
+
+On the 3d of November, 1877, the subject of this memoir was married to
+Miss Mary Ingraham, of Saybrook Point, Connecticut. The lady's mother
+was his first cousin. Two daughters were born of this union, both of
+whom died in infancy.
+
+       *       *       *       *       *
+
+In 1880, when the next presidential campaign, that of Garfield and
+Hancock, opened, the Democrats of Illinois nominated Trumbull for
+governor of the State, without his own solicitation or desire. He was
+now sixty-seven years of age, with powers of body and mind unimpaired.
+In accepting the nomination he gave a brief account of his political
+life extending over a period of nearly forty years. He acknowledged that
+he had made mistakes, but said he had never given a vote or performed an
+act in his official capacity which he did not at the time believe was
+for his country's good. He made a vigorous campaign, but the traces left
+of it in the newspapers contain nothing that need be recalled now. The
+Republican majority in the state was between thirty and forty thousand.
+The Republicans nominated Shelby M. Cullom for Governor and he was
+elected.
+
+       *       *       *       *       *
+
+The World's Columbian Exposition took place at Chicago in the year 1893.
+During one of my visits to it I had the pleasure of dining with Mr.
+and Mrs. Trumbull at their home on Lake Avenue. The only other guest was
+William J. Bryan, whom I had not met before. The leading issue in
+politics then was the free coinage of silver at the ratio of sixteen to
+one. Mr. Bryan was an enthusiastic free-silver man and a firm believer
+in the early triumph of that doctrine. Trumbull was inclined to the same
+belief, although less confident of its success. We had an animated but
+friendly discussion of that question. President Cleveland had just
+called a special session of Congress to repeal the Silver Purchasing Act
+then in force, which was not a free-coinage law. I ventured to predict
+to my table companions that the purchasing law would be repealed and
+that no free-coinage law would be enacted in place of it, either then or
+later. None of us imagined that three years from that time Mr. Bryan
+himself would be the nominee of the Democratic party for President of
+the United States, on that issue. Trumbull's geniality and cordiality at
+this meeting were a joy to his guests. Our conversation, ranging over a
+period of nearly forty years, filled two delightful hours. He was then
+eighty years of age, but in vigor of mind and body I did not notice any
+change in him. We parted, not knowing that we should not meet again.
+
+[Illustration: _AET. 80_]
+
+Trumbull's next appearance on the public stage was in the case of Eugene
+V. Debs, who is still with us as a perpetual candidate of the
+Socialistic party for President. In 1894 he was president of an
+organization of railway employees known as the American Railway Union.
+In the month of May a dispute arose between the Pullman Palace Car
+Company and its employees in reference to the rate of wages, which
+resulted in a strike. Debs and his fellow officers of the Railway Union,
+for the purpose of compelling the Pullman Company to yield to the
+demands of their employees, issued an order to the railway companies
+that they should cease hauling Pullman cars, and, if they should not so
+cease, that the trainmen, switchmen, and others working on the railways
+aforesaid should strike also. As a consequence of this order twenty-two
+railroads were "tied up." All passengers trains composed in part of
+Pullman cars were brought to a standstill. Riots broke out in the
+streets of Chicago. An injunction was issued against Debs by Judge
+Woods, of the United States Circuit Court. Governor Altgelt, of
+Illinois, was called upon to restore order in the city, but before he
+did so President Cleveland, having been officially informed that the
+movement of the mails was obstructed by violence in the streets of
+Chicago, ordered a small body of troops to that city to break the
+blockade. This they accomplished without delay and without bloodshed. In
+the mean time Debs and his associates were put under arrest for
+violating the injunction of the court. Debs employed Mr. Clarence Darrow
+as his attorney, and Darrow applied for a writ of _habeas corpus_, which
+was refused. Darrow appealed to the Supreme Court of the United States
+and engaged Lyman Trumbull and S. S. Gregory as associate counsel. The
+appeal was argued by Trumbull at the October Term in Washington City.
+Trumbull had volunteered his service and refused a fee, accepting only
+his traveling expenses. The court rejected the petition for a writ of
+_habeas corpus_ and affirmed the jurisdiction of the circuit court.
+
+Both President Cleveland and the court were sustained by public opinion
+in this disposition of Debs. On the 6th of October, a large meeting was
+held at Central Music Hall in Chicago to consider the recent exciting
+events. It was addressed by Trumbull and Henry D. Lloyd. Trumbull's
+speech was published in the newspapers and in pamphlet form as a
+Populist campaign document. It was extremely effective from the Populist
+point of view, and was not, on the whole, more radical than the
+so-called Progressive platform of the present day. While expressing
+decided opinions on the subject of "judicial usurpation" (referring to
+the Debs case without mentioning it), he exhorted his hearers to seek a
+remedy by the action of Congress. "It is to be hoped," he said, "that
+Congress when it meets will put some check upon federal judges in
+assuming control of railroads and issuing blanket injunctions and
+punishing people for contempt of their assumed authority. If Congress
+does not do it, I trust the people will see to it that representatives
+are chosen hereafter who will." The recall of judges, as a remedy for
+unpopular decisions, had not yet been discovered.
+
+The testimony of persons who were present at this meeting is that
+Trumbull showed no abatement of his powers as a speaker, and that the
+audience "went wild with enthusiasm."
+
+In the month of December following, the leaders of the People's party in
+Chicago, ten in number, requested Trumbull to prepare a declaration of
+principles to be presented by them for consideration at a national
+conference of their party to meet at St. Louis on the 28th. This paper
+was drawn up and delivered to them in his own handwriting a few days
+before the meeting and was published in the _Chicago Times_ of December
+27, in the following words:
+
+     1. Resolved, That human brotherhood and equality of rights are
+     cardinal principles of true democracy.
+
+     2. Resolved, That, forgetting all past political differences,
+     we unite in the common purpose to rescue the Government from
+     the control of monopolists and concentrated wealth, to limit
+     their powers of perpetuation by curtailing their privileges,
+     and to secure the rights of free speech, a free press, free
+     labor, and trial by jury--all rules, regulations, and judicial
+     dicta in derogation of either of which are arbitrary,
+     unconstitutional, and not to be tolerated by a free people.
+
+     3. We endorse the resolution adopted by the National Republican
+     Convention of 1860, which was incorporated by President Lincoln
+     in his inaugural address, as follows: "That the maintenance
+     inviolate of the rights of the states, and especially of the
+     right of each state to order and control its own domestic
+     institutions according to its own judgment exclusively, is
+     essential to that balance of power on which the endurance of
+     our political fabric depends, and we denounce the lawless
+     invasion by armed force of the soil of any state or territory,
+     no matter under what pretext, as among the gravest of crimes."
+
+     4. Resolved, That the power given Congress by the Constitution
+     to provide for calling forth the militia to execute the laws of
+     the Union, to suppress insurrections, to repel invasions, does
+     not warrant the Government in making use of a standing army in
+     aiding monopolies in the oppression of their employees. When
+     freemen unsheathe the sword it should be to strike for liberty,
+     not for despotism, or to uphold privileged monopolies in the
+     oppression of the poor.
+
+     5. Resolved, That to check the rapid absorption of the wealth
+     of the country and its perpetuation in a few hands we demand
+     the enactment of laws limiting the amount of property to be
+     acquired by devise or inheritance.
+
+     6. Resolved, That we denounce the issue of interest-bearing
+     bonds by the Government in times of peace, to be paid for, in
+     part at least, by gold drawn from the Treasury, which results
+     in the Government's paying interest on its own money.
+
+     7. Resolved, That we demand that Congress perform the
+     constitutional duty to coin money, regulate the value thereof
+     and of foreign coin by the enactment of laws for the free
+     coinage of silver with that of gold at the ratio of 16 to 1.
+
+     8. Resolved, That monopolies affecting the public interest
+     should be owned and operated by the Government in the interest
+     of the people; all employees of the same to be governed by
+     civil service rules, and no one to be employed or displaced on
+     account of politics.
+
+     9. Resolved, That we inscribe on our banner, "Down with
+     monopolies and millionaire control! Up with the rights of man
+     and the masses!" And under this banner we march to the polls
+     and to victory.
+
+These resolutions were conveyed to the St. Louis meeting by Henry D.
+Lloyd and F. J. Schulte and were adopted by the conference without
+alteration.
+
+FOOTNOTES:
+
+[132] Rhodes, _History of the United States_, VII, 231.
+
+
+
+
+CHAPTER XXVIII
+
+CONCLUSION
+
+
+On the 22d of March, 1896, Trumbull made an argument before the Supreme
+Court at Washington City. On the 11th of April, although ailing from an
+unknown malady, he went to Belleville to attend the funeral of his old
+and faithful friend, Gustave Koerner, and to make a brief address over
+the remains. This journey was made against the advice of his physician.
+At the conclusion of his remarks he became ill at his hotel in
+Belleville. There was a consultation of physicians, who reached the
+conclusion that he would be able to go home if he should go at once. He
+decided not to delay, and he reached home on the morning of April 13.
+Here another consultation of physicians took place at which a surgical
+operation was decided upon. This led to the discovery of an internal
+tumor which, in their judgment, could not be removed without causing
+immediate death. He lingered till the 5th of June. Before his death he
+made a calm and careful adjustment of his business affairs and gave to
+his children and grandchildren keepsakes that he had for years preserved
+for them. He passed away at the age of eighty-two years, seven months,
+and twelve days. His funeral, which was largely attended, took place
+from his house, No. 4008 Lake Avenue, and his remains were interred in
+Oakwoods Cemetery.
+
+There was a meeting of the Bar Association of Chicago to prepare a
+memorial on his life and services. On this occasion Hon. Thomas A.
+Moran, former judge of the appellate court, said:
+
+     At the end of his career in the United States Senate, Judge
+     Trumbull became a member of the Chicago Bar. He was thereafter
+     continuously, and up to the time of his death, engaged in the
+     active and laborious practice of his profession. The great
+     place that he had held in the councils of the nation, the
+     influence that he had exerted upon national legislation, and
+     the esteem in which he was held by the lawyers and the
+     statesmen of the country, entitled him to a lofty mien; but as
+     is well known to us all who had the privilege of his
+     acquaintance at the bar, while his demeanor was grave it was
+     also modest, and his manner was marked by a gentleness that was
+     most grateful to everybody with whom he came in contact. His
+     sincerity and honesty in the presentation of his case, his
+     respectful demeanor to any court in which he was engaged in a
+     legal contest, constituted him a model that the lawyers of our
+     bar might well imitate. He was in practice at the bar
+     forty-four years after he ceased to be a judge of the supreme
+     court of this state.... He was preëminently the grand old man
+     of this country. In his intercourse with his fellow citizens he
+     was a quiet, sincere, frank, honest American gentleman. Lyman
+     Trumbull was one of the very great men of the nation.
+
+Eulogistic remarks were made also by Senator John M. Palmer, ex-Senator
+James R. Doolittle, and Judge Henry W. Blodgett. Mr. Doolittle said that
+of the sixty-six members of the United States Senate who were there when
+Secession began, only four were then living. They were Harlan, of Iowa,
+Rice, of Minnesota, Clingman, of North Carolina, and himself
+(Doolittle).
+
+Trumbull's forte was that of a political debater well grounded in the
+law. Here he stood in the very front rank, both as a Senator addressing
+his equals and as an orator on the hustings. He was always ready to
+discuss the questions which he was required to face. He had a logical
+mind, and the ability to think quickly and to choose the right words to
+express his ideas. He never wasted words in ornament or display. He
+never lost his balance when addressing the Senate, or a public audience.
+He had perfect self-possession. He never stood in awe of any other
+debater or hesitated to reply promptly to question or challenge. Nor did
+he ever lose his dignity in debate. Once he came near to calling Sumner
+a falsifier, when the latter had described him as recreant to the
+principles of human liberty; but he restrained himself in time to avoid
+an infraction of the rules of the Senate. And he afterwards came to the
+defense of Sumner when the latter was deposed, by his more subservient
+colleagues, from the chairmanship of the Committee on Foreign Relations.
+On this occasion Sumner came forward holding out both hands, and with
+tears in his eyes thanked him for his generosity.
+
+His rare forensic gifts would have been unavailing without confidence in
+the justice of his cause, and a clear conscience which shone in his face
+and pervaded him through and through. Although not endowed with
+oratorical graces he grasped the attention of his audience at once, and
+he never failed to convince his hearers that he had an eye single to the
+public good. It was hard for him to separate himself from the Republican
+party in 1871-72, but he considered it a duty that he owed to the
+country to expose the rottenness then pervading the national
+administration. He did not have General Grant in mind when he moved the
+investigation of custom-house frauds in New York. He did not aim at him
+directly or indirectly, but at the system which had grown up before his
+election. Grant's mental make-up was such that he considered any
+fault-finding with federal office-holders a reproach to himself, as the
+head of the Government, and accordingly braced himself against it; and
+this habit grew on him through the whole eight years of his presidency.
+Yet Trumbull uttered no reproach against him during the campaign of
+1872, or later.
+
+It was commonly said that Trumbull's nature was cold and unsympathetic.
+This was a mannerism merely. He did not carry his heart upon his sleeve
+for daws to peck at, but he was an affectionate husband and father and
+grandfather, most generous to his parents, brothers, and sisters, and
+one of the most unselfish men I ever knew. His poor constituents, who
+were often stranded in Washington, needing help to get home, seldom
+applied to him for assistance in vain, and this kind of drain was pretty
+severe during his whole senatorial service. He was fond of little
+children. He was often seen playing croquet with his own and others in
+Washington City. Mr. Morris St. P. Thomas, a member of the Chicago Bar
+who shared Trumbull's office during his later years, says that he never
+knew a warmer-hearted man than Trumbull. He was kindness and
+consideration itself to the people in his office. He was never cross or
+short, and every young man there always felt that he could go into the
+judge's room whenever he liked, and sit down and tell him his troubles.
+Once it devolved upon Mr. Thomas to engage a stenographer for the
+office. Of the several applicants the best was an unprepossessing,
+hump-backed girl. "I told the judge about her--that she was the ablest
+applicant, but very unprepossessing in appearance." "Why," said he, at
+once, "that's the very reason to take her, poor girl!" And they kept her
+for years.[133]
+
+In short, he was a high-minded, kind-hearted, courteous gentleman,
+without ostentation and without guile. In business affairs he was
+punctual, accurate, and spotless. He never borrowed money, never bought
+anything that he could not pay cash for, never gave a promissory note in
+his life, not even in the purchase of real estate where deferred
+payments are customary. The best blood of New England coursed in his
+veins and he never dishonored it, in either private or public life.
+
+It is perhaps too early to assign to Trumbull his proper place in the
+roll of statesmen of the Civil War period. Those who come after us and
+can look back one hundred years, instead of fifty, will doubtless have a
+better perspective and a clearer vision than those who lived with the
+actors of that momentous struggle. Some things, however, we may be sure
+of. One is that the man who drew the Thirteenth Amendment of the
+Constitution, abolishing slavery in the United States and all places
+under the jurisdiction thereof, will never be forgotten as long as the
+love of liberty survives in this land. Not that the Thirteenth Amendment
+would not have been passed and incorporated in our system even if Lyman
+Trumbull had not been a Senator, or if he had never been born. It was a
+consequence of the taking-up of arms against the Union in 1861 that
+slavery should come to an end somehow. All that Lincoln did, all that
+Trumbull did, all that Congress did, was to seize the occasion to give
+direction to certain irresistible forces then called into existence for
+blessing or cursing mankind. There were different ways of bringing
+slavery to an end. That of constitutional amendment was the best of all
+because it removed the subject-matter from the field of dispute at once
+and forever. Lincoln paved the way for it. He prepared the public mind
+for it by his two proclamations of emancipation. Trumbull and Congress
+and the state legislatures did the rest.
+
+It may be fairly said that Trumbull took the lead in putting an end to
+arbitrary arrests in the loyal states where the courts of justice were
+open, and in prescribing the process of the suspension of the writ of
+_habeas corpus_. This was a difficult problem to handle and it cost
+Trumbull some popularity, since the loyal spirit of the North was very
+touchy on the subject of Copperheads and easily inflamed against anybody
+who was accused of sympathy with them. The law finally passed seems now
+to be altogether just, and well suited to be put in practice again if
+occasion for it should arise.
+
+Trumbull's place as one of the "Seven Traitors" who voted not guilty on
+the impeachment of Andrew Johnson is now universally considered a proud
+position, and I think that that of his neighbor and friend, James R.
+Doolittle, of Wisconsin, who earned the title of traitor a year or two
+earlier, is entitled to a place in the same Valhalla. Both are deserving
+of monuments at the hands of their respective states.
+
+The reader of these pages cannot fail to discern a marked change in
+Trumbull's course on Reconstruction about midway of the struggle on that
+issue. Gideon Welles said, under date January 16, 1867, "He [Trumbull]
+has changed his principles within a year.[134] The facts are that he
+agreed with Lincoln's plan of Reconstruction, embodied it in the
+Louisiana Bill, reported it favorably from the Judiciary Committee,
+tried to pass it in the closing days of the Thirty-eighth Congress, but
+was prevented by the filibustering tactics of Sumner. After Johnson
+became President he adhered to that plan until Johnson vetoed the
+Freedmen's Bureau and Civil Rights Bills. He then believed that Johnson
+had betrayed the cause for which the nation had fought through a four
+years' war and that the freedom of the blacks would be endangered if
+Johnson were sustained by the loyal states. He accordingly went with his
+party, but with misgivings, halting now and then, putting blocks in the
+way of the radicals here and there. He ceased to be the leader of the
+Senate as he had hitherto been, on this class of questions, and he
+became a reluctant follower. When Sumner became angry and charged him in
+1870 with betrayal of the cause of freedom, he hotly affirmed that he
+had voted for every measure for the equal rights of the freedmen that
+Congress had passed, including the three constitutional amendments. The
+truth was that he had put obstacles in the way of several measures that
+Sumner deemed indispensable, until it became plain that the Republican
+party was determined to pass them and that further resistance would be
+useless. Then he gave his assent to them. This course he pursued until
+the Anti-Ku-Klux Bill was agreed to, by the Judiciary Committee, in
+1871. Against this measure he voted in the committee and in the Senate.
+He held it to be unconstitutional, and he used against it the same
+arguments in substance that Bingham had used in the House against the
+Civil Rights Bill; and both he and Bingham were right. Trumbull did not
+change his principles, but he made an error in common with his party and
+he corrected it as soon as he became convinced that it was an error. I
+am open to the same criticism."
+
+Among interviews with men of note published in the Chicago press
+concerning the deceased was one with Mr. Joseph Medill, not a friendly
+critic but a political seer of the first class, who thought that
+Trumbull might have been President of the United States if he had voted,
+in the impeachment case, to convict Andrew Johnson.
+
+     If he had remained true to his party [said Mr. Medill], Judge
+     Trumbull, I believe, would have died with his name in the roll
+     of Presidents of the United States. I have always thought that
+     he could have been the successor of Grant. He stood so high in
+     the estimation of his party and the nation that nothing was
+     beyond his reach. Grant, of course, came before everybody, but
+     Trumbull was next, a man of great ability, undoubted integrity,
+     and stainless reputation, pure as the driven snow and nearly
+     as cold. He could have been President instead of Hayes, or
+     Garfield, or Harrison.[1]
+
+Following the interview with Mr. Medill is one with Mr. Henry S.
+Robbins, a member of Trumbull's law firm from 1883 until 1890. Mr.
+Robbins did not find Trumbull a cold man.
+
+     All the time we were together [said Mr. Robbins] I never heard
+     him speak a cross word to a clerk in the office. Among children
+     he was a child again. He and his little grandson, the child of
+     Walter Trumbull, who died several years ago, were inseparable
+     companions when the grandfather was at home. They played
+     together and talked together like two little boys. All the
+     children in the neighborhood where he lived were wont to come
+     to him with their little troubles and always found him one who
+     could enter into fullest sympathy with them. Judge Trumbull had
+     no worldliness. He seemed to practice law as a mission, not as
+     a vocation by which to make money. With his reputation and his
+     ability combined he might have died a millionaire. It always
+     gave him a pang to charge a fee, and when he fixed the charge
+     it was usually about half what a modern lawyer would charge.[1]
+
+Another partner, Mr. William N. Horner, said:
+
+     I came here from Belleville where Judge Trumbull formerly
+     lived, and people down there--some of them at least--used to
+     think that he was a cold man. I never found him so. I remember
+     the first day we moved into these offices and while we were
+     getting settled, Judge Trumbull worked harder than any of us.
+     He was more solicitous for our comfort than he was for his own.
+     He was always trying to do something for the comfort of others.
+     He had all the gentleness and sweetness of disposition and
+     patience of a woman.[135]
+
+Mr. C. S. Darrow, who had charge of the Debs case in which Trumbull
+volunteered his services, said that
+
+     the socialistic trend of the venerable statesman's opinions in
+     his later years sprang from his deep sympathies with all
+     unfortunates; that sympathy that made him an anti-slavery
+     Democrat in his early years, and afterwards a Republican. He
+     became convinced that the poor who toil for a living in this
+     world were not getting a fair chance. His heart was with
+     them.[136]
+
+A letter to myself from the widow of Walter Trumbull, who died in 1891,
+says:
+
+     After my husband died, I, with my two boys, lived with Judge
+     Trumbull until his death; and I wish I could tell you how
+     beautiful that home life was. He was so devoted to his family,
+     so sweet and tender and thoughtful for us all. Others never
+     realized this and often thought him cold. He was so great a man
+     and yet so gentle and simple in his ways that little children
+     clung to him.
+
+Among the papers left by Trumbull was the following estimate of the
+character and career of Abraham Lincoln. It was addressed to his son
+Walter Trumbull and is here published for the first time:
+
+     MY DEAR SON: I have often been requested to give my estimate of
+     Mr. Lincoln's life and character. His death at the close of a
+     great civil war in which the Government of which he was the
+     head had been successful, and the manner of his taking off,
+     were not favorable to a candid and impartial review of his
+     character. The temper of the public mind at that time would not
+     tolerate anything but praise of the martyred President, and
+     even now it is questionable whether the truthful history of his
+     life by Mr. Herndon, his lifelong friend, and law partner for
+     twenty years, will be received with favor. As I could not give
+     any other than a truthful narration of Mr. Lincoln's character,
+     as he was known to me, I have hitherto declined to write
+     anything for the public concerning him. Having known him at
+     different times as a political adversary and a political
+     friend, my opportunities for judging his public life and
+     character were from different standpoints. We were members of
+     the Illinois House of Representatives in 1840. He was a Whig
+     and I a Democrat, but we had no controversies, political or
+     otherwise. Indeed, Mr. Lincoln took very little part in the
+     legislation of that session. It was the period when, as
+     related by Mr. Herndon, he was engaged in love affairs which
+     some of his friends feared had well-nigh unsettled his mental
+     faculties. I recall but one speech he made during the session.
+     In that he told a story which convulsed the House to the great
+     discomfiture of the member at whom it was aimed. Mr. Lincoln
+     was regarded at that time by his political friends as among
+     their shrewdest and ablest leaders, and by his political
+     adversaries as a formidable opponent. Contemporary with him in
+     the legislature of 1840 were Edward D. Baker, William A.
+     Richardson, William H. Bissell, Thomas Drummond, John J.
+     Hardin, John A. McClernand, Ebenezer Peck, and others whose
+     subsequent careers in the national councils, on the field of
+     battle, and in civil life have shed lustre on their country's
+     history. It is no mean praise to say of Mr. Lincoln that among
+     this galaxy of young men convened at the capital of Illinois in
+     1840, to whom may be added Stephen A. Douglas, although not
+     then a member of the legislature, he stood in the front rank.
+
+     As a lawyer Mr. Lincoln was painstaking, discriminating, and
+     accurate. He mastered his cases, and had a most happy and
+     fascinating way of presenting them. He was logical, fair, and
+     candid. It was said of him by one of the most eminent judges
+     who ever presided in Illinois, that after Mr. Lincoln had
+     opened a case he [the judge] fully understood both sides of it.
+     Some of Mr. Lincoln's contemporaries at the bar were more
+     learned, and better lawyers, but no one managed a case, which
+     he had time to thoroughly study and understand, more adroitly.
+     The breaking-up of the Whig and Democratic parties in 1854,
+     growing out of the repeal of the Missouri Compromise, and the
+     opening of the territory to slavery, threw Mr. Lincoln and
+     myself together politically. We were both opposed to the spread
+     of slavery, and from the foundation of the Republican party
+     till his death we were in political accord. I do not claim to
+     have been his confidant, and doubt if any man ever had his
+     entire confidence. He was secretive, and communicated no more
+     of his own thoughts and purposes than he thought would subserve
+     the ends he had in view. He had the faculty of gaining the
+     confidence of others by apparently giving them his own, and in
+     that way attached to himself many friends. I saw much of him
+     after we became political associates, and can truthfully say
+     that he never misled me by word or deed. He was truthful,
+     compassionate, and kind, but he was one of the shrewdest men I
+     ever knew. To use a common expression he was "as cunning as a
+     fox." He was a good judge of men, their motives, and purposes,
+     and knew how to wield them to his own advantage. He was not
+     aggressive. Ever ready to take advantage of the public current,
+     he did not attempt to lead it. He did not promulgate the
+     article of war enacted by Congress forbidding army and navy
+     officers from employing their forces to return slaves to their
+     masters, under penalty of dismissal from the service, till more
+     than six months after its passage. It was more than nine months
+     after the enactment of a law by Congress declaring free all
+     slaves of rebels captured, or coming within the Union lines, or
+     found in any place occupied by rebel forces and afterwards
+     occupied by the forces of the Union, that he issued the
+     proclamation declaring free the slaves then within the rebel
+     lines, all of whom, belonging to persons in rebellion, were
+     made free by the act of Congress as soon as the Union forces
+     occupied the country, and till then the proclamation could not
+     be enforced. When applied to by a friend, just previous to the
+     meeting of the convention at Baltimore which nominated him for
+     a second term, to indicate what resolutions or policy he
+     desired the convention to adopt, he declined to suggest any.
+     These and many other illustrations might be given to show that
+     Mr. Lincoln was a follower and not a leader in public affairs.
+     Without attempting to form or create public sentiment, he
+     waited till he saw whither it tended, and then was astute to
+     take advantage of it. Some of Mr. Lincoln's admirers, instead
+     of regarding his want of system, hesitancy, and irresolution as
+     defects in his character, seek to make them the subject of
+     praise, as in the end the rebellion was suppressed, and slavery
+     abolished, during his administration, ignoring the fact that a
+     man of more positive character, prompt and systematic action,
+     might have accomplished the same result in half the time, and
+     with half the loss of blood and treasure.
+
+     Mr. Lincoln was by no means the unsophisticated, artless man
+     many took him to be. Mr. Swett, a lifelong friend and admirer,
+     writing to Mr. Herndon, says: "One great public mistake of his
+     character, as generally received and acquiesced in, is that he
+     is considered by the people of this country as a frank,
+     guileless, and unsophisticated man. There never was a greater
+     mistake. Beneath a smooth surface of candor, and apparent
+     declaration of all his thoughts and feelings, he exercised the
+     most exalted tact, and the widest discrimination.... In dealing
+     with men he was a trimmer, and such a trimmer as the world has
+     never seen."[137]
+
+     Herndon in his "Lincoln," at page 471, says: "He had a way of
+     pretending to assure his visitor that in the choice of his
+     advisers he was free to act as his judgment dictated, although
+     David Davis, acting as his manager at the Chicago Convention,
+     had negotiated with the Pennsylvania and Indiana delegations,
+     and assigned places in the Cabinet to Simon Cameron and Caleb
+     Smith, besides making other arrangements which Mr. Lincoln was
+     expected to satisfy."
+
+     Another popular mistake is to suppose Mr. Lincoln free from
+     ambition. A more ardent seeker after office never existed. From
+     the time when, at the age of twenty-three, he announced himself
+     a candidate for the legislature from Sangamon County, till his
+     death, he was almost constantly either in office, or struggling
+     to obtain one. Sometimes defeated and often successful, he
+     never abandoned the desire for office till he had reached the
+     presidency the second time. Swett says, "He was much more eager
+     for it [a second nomination] than for the first," and such was
+     known to his intimate friends to be the fact, though his manner
+     to the public would have indicated that he was indifferent to a
+     second nomination. When first a candidate for the presidency
+     Mr. Herndon tells us, "He wrote to influential party workers
+     everywhere," promising money to defray the expenses of
+     delegates to the convention favoring his nomination.
+
+     While ardently devoted to the Union, Mr. Lincoln had no
+     well-defined plan for saving it, but suffered things to drift,
+     watching to take advantage of events as they occurred. He was a
+     judge of men and knew how to use them to advantage. He brought
+     into his Cabinet some of the ablest men in the nation, and left
+     to them the management of their respective departments. This
+     country never had an abler head of the Treasury Department than
+     Salmon P. Chase. To his skillful management of the finances the
+     country was indebted for the means to carry on the war of the
+     rebellion, and bring it to a successful issue. For the
+     distinguished ability with which the State and War Departments
+     were managed during the rebellion the country is greatly
+     indebted to Mr. Seward and Mr. Stanton. Other members of Mr.
+     Lincoln's Cabinet were men of great executive ability. Lincoln
+     was unmethodical and without executive ability, but he selected
+     advisers who possessed these qualities in an eminent degree.
+
+     To sum up his character, it may be said that as a man he was
+     honest, pure, kind-hearted, and sympathetic; as a lawyer,
+     clear-headed, astute, and successful; as a politician,
+     ambitious, shrewd, and farseeing; as a public speaker,
+     incisive, clear, and convincing, often eloquent, clothing his
+     thoughts in the most beautiful and attractive language, a
+     logical reasoner, and yet most unmethodical in all his ways; as
+     President during a great civil war he lacked executive ability,
+     and that resolution and prompt action essential to bring it to
+     a speedy and successful close; but he was a philanthropist and
+     a patriot, ardently devoted to the Union and the equality and
+     freedom of all men. He presided over the nation in the most
+     critical period of its history, and lived long enough to see
+     the rebellion subdued, and a whole race lifted from slavery to
+     freedom. The fact that he was at the head of the nation when
+     these great results were accomplished, and of his most cruel
+     assassination, before there was time to fully appreciate the
+     great work that had been done during his administration, will
+     forever endear him to the American people, and hand his name
+     down to posterity as among the best, if not the greatest, of
+     mankind.
+
+Another manuscript, addressed to Mrs. Gershom Jayne, the mother of the
+first Mrs. Trumbull, in answer to a communication from her, gives
+Trumbull's views on religion:
+
+    CHICAGO, Apr. 22, 1877.
+
+     DEAR MOTHER: I scarcely know how to reply to your texts of
+     Scripture and your solicitude for me. If the fervent prayers of
+     the righteous avail, it would seem as if yours and those of my
+     departed Julia should have their influence, and I sometimes
+     feel as if the spirit of my dear Julia was even now not far
+     away. That I am not what I should be is too true: I feel it
+     and I know it, and yet I trust the influence and prayers of
+     those who have loved me have not been entirely thrown away. I
+     have abundant reason to be thankful to our Heavenly Father for
+     his protection and ten thousand kindnesses to me which I know I
+     have not deserved. How often when the way was dark before me
+     has an unseen hand carried me safely through! And yet, whilst
+     ever ready to acknowledge my own imperfection and impotence, I
+     suppose I know nothing of, or at best see but as through a
+     glass dimly, that change of heart of which the converted speak,
+     and which comes of a faith it has not been given me to possess.
+     I certainly hope through the Saviour's interposition for a
+     happy hereafter, but at the same time am obliged to confess
+     that the way is to me dark and mysterious, and by no means as
+     discernible as it appears to some others. I rejoice that they
+     can see it clearly and wish that I could too....
+
+    Affectionately yours,
+    LYMAN TRUMBULL.
+
+Three sons of Lyman Trumbull reached mature years: Walter, Perry, and
+Henry. The latter died unmarried, January 20, 1895.
+
+Walter, the eldest, was married September, 1876, to Miss Hannah Mather
+Slater. Three sons were born of this union. The first of these, Lyman
+Trumbull, Jr., died in infancy. The second, Walter S., was born in 1879,
+married Miss Marjorie Skinner, of Hartford, Connecticut, in 1905, and
+now resides in New York City. The third, Charles L., born in 1884,
+married in 1910 Miss Lucy Proctor, of Peoria, Illinois, and now resides
+in Chicago. Walter Trumbull died October 25, 1891.
+
+Perry Trumbull was married to Mary Caroline Peck, daughter of Ebenezer
+Peck, judge of the United States Court of Claims, in 1879. Four children
+were born to them: (1) Julia Wright, married to H. Thompson Frazer,
+M.D., now resides at Asheville, North Carolina; (2) Edward A., married
+Anna Whitby, and resides at Seattle, Washington; (3) Charles P.,
+married, resides at Las Vegas, New Mexico; (4) Selden, resides in
+Chicago. Perry Trumbull died December 10, 1902.
+
+Mrs. Mary Ingraham Trumbull, widow of Lyman Trumbull, resides at
+Saybrook Point, Connecticut.
+
+FOOTNOTES:
+
+[133] Interview, June 13, 1910.
+
+[134] _Diary of Gideon Welles_, III, 21.
+
+[135] Chicago _Times_, June 26, 1896.
+
+[136] Chicago _Times_, June 26, 1896.
+
+[137] Herndon's _Life of Lincoln_, 537, 538.
+
+THE END
+
+
+
+
+INDEX
+
+
+Throughout the Index, the Initial T., standing alone, represents the
+subject of the book.
+
+  Abolition movement, the, and the murder of Lovejoy, 10.
+
+  Act of March 27, 1868, purpose of, 328, 329;
+    passed by Congress, and vetoed, 329;
+    passed over veto, 330;
+    its application to McCardle case glaringly unjust, 330.
+
+  Adams, Charles Francis, Seward's dispatches of April, 1861, and
+      July, 1862, to, 210 _ff._;
+    proposed for Liberal Republican nomination for President, 372, 373,
+      374, 381;
+    his attitude regarding the nomination, 377, 378;
+    defeated by Greeley, 383, 384;
+    why Blair and Brown opposed him, 385 and _n._;
+    a stronger candidate than T., 402, 403; xxi, 182, 389, 390.
+
+  Adams, Charles Francis, Jr., _The Trent Affair_, etc., 349 _n._; 353,
+      378.
+
+  Adams, John, xxiii.
+
+  Adams, John Quincy, xxii, 27, 103.
+
+  Adams, John Quincy, 2d, nominated for Vice-President by dissentient
+      Democrats (1872), 394;
+    declines, 394.
+
+  Akerman, Amos T., succeeds Hoar as Attorney-General, 350.
+
+  Alabama, admission of, xxix;
+    and the 13th Amendment, 229;
+    order for reconstruction of, 238.
+
+  Alabama Claims, T. on, 348;
+    Grant's great service in settling, 362.
+
+  Aldrich, Cyrus, 68.
+
+  Alien and Sedition laws, xxiii.
+
+  Allen, G. T., 42, 43, 46 _n._
+
+  Allen, Robert, 13.
+
+  Allison, John, 69.
+
+  Allison, William B., Senator, 304, 346.
+
+  Altgeld, John P., Governor, and the Pullman strike, 414.
+
+  Alton, Ill., T. removes to, 21.
+
+  Alton riot, the, 8-10.
+
+  American Bottom, locus of slavery in Ill., in 1783, 23.
+
+  _American Historical Review_, quoted, 174.
+
+  American Railway Union, 413.
+
+  Ammen, Jacob, General, 206, 208.
+
+  Amnesty, Johnson's proclamation of, 239.
+
+  Amnesty bill, debated in Senate, 359;
+    amended by Sumner, and rejected, 359;
+    reintroduced and passed, 359, 360.
+
+  Anderson, Robert, Major, proposed recall of, from Sumter, 122, 123;
+      128, 155.
+    _And see_ Sumter.
+
+  Andrew, John A., Governor, 287, 307 _n._
+
+  Anthony, Henry B., Senator, his attitude on ousting of Sumner from
+      Foreign Affairs Committee, 347; 314, 364, 366, 367.
+
+  Anti Ku-Klux bill. _See_ Ku-Klux Bill
+
+  Anti-Nebraska Democrats, in Ill. legislature, 41 _ff._;
+    and the Senatorial election of 1854, 46 _n._
+
+  Archer, William B., 69.
+
+  "Arm-in-Arm Convention." _See_ National Union Convention.
+
+  Armstrong, postmaster at St. Louis, 81.
+
+  Arnold, I. N., Congressman, 207.
+
+  Arrests, arbitrary, T's resolution of inquiry concerning, 191 _ff._;
+    censured by Democratic Convention, 193;
+    license to make, transferred to Stanton, 197;
+    effect of change, 197, 198;
+    action of Democrats on, 197;
+    T. took lead in stopping, in loyal states, 422, 423.
+    _And see_ Habeas corpus.
+
+  Arthur, Chester A., appointed Collector of New York, 368.
+
+  Asay, E. G., 208.
+
+  Ashley, James M., Congressman, 228 _n._
+
+  Atchison, David R., Senator, his advice to Missourians, 52; 49, 54.
+
+  Atkinson, Edward, 353.
+
+  Atzerodt, conspirator, 289.
+
+
+  Babcock, Orville E., sent by Grant to San Domingo, 342, 362, 369.
+
+  Bacon Academy, 3.
+
+  Badger, George E., 49.
+
+  Bailey, G., quoted on Dred Scott case, 83.
+
+  Baker, Edward D., Senator, 10, 132, 427.
+
+  Baker, Henry L., 42, 43, 46.
+
+  Baldwin, J. B., and Lincoln's offer to evacuate Sumter, 159, 160;
+    his version contradicted by Botts, 160, 161;
+    R. L. Dabney's account of interview of, with Lincoln, 161, 162.
+
+  Bancroft, George, wrote Johnson's first message, 244, 245.
+
+  Banks, Nathaniel P., General, 36, 87, 102, 232, 233.
+
+  Barney, Hiram, Collector of New York, 147, 181, 182.
+
+  Barrett, A. B., quoted, 117.
+
+  Bates, Edward, candidate for Republican nomination in 1860, 103;
+    and enforcement of Confiscation Act, 177; 104, 150.
+
+  Bayard, James A., Senator, 200, 201, 228.
+
+  Bayard, Thomas F., Senator, 366.
+
+  Beecher, Henry W., 287.
+
+  Belknap, William W., General, 362.
+
+  Belleville, Ill., T. settles at, 5, 6;
+    described by Dickens, 14, 15.
+
+  Belleville _Advocate_, the, 323.
+
+  Belmont, August, quoted, on Liberal Republican movement, 373, 374.
+
+  Benjamin, Judah P., Senator, on the Dred Scott case, 82;
+    his reply to Douglas, 95, 96;
+    contrasts Douglas and Lincoln, 96.
+
+  Benton, Thomas H., Senator, 126.
+
+  Bigelow, Israel B., quoted, 217.
+
+  Bigelow, John, his Diary quoted, 403 _n._
+
+  Bingham, John A., Congressman, opposes Civil Rights bill, 271, 272,
+      281;
+    on Reconstruction Committee, 281;
+    proposes amendment to Constitution, 282;
+    amends Georgia bill, 298, 299; 196, 304, 309, 339, 424.
+
+  Bird, Frank W., quoted, on Cincinnati nominations, 385 _n._; 387.
+
+  Birney, James G., 37, 40.
+
+  Bishop, Mr., killed in Alton riot, 9.
+
+  Bissell, W. H., Governor, quoted, 10, 69, 70, 74, 88, 427.
+
+  Black, Jere. S., counsel for McCardle, 327.
+
+  Blaine, James G., interview of, with author, on revenue reform, 354.
+
+  Blair, Austin, Congressman, 397, 398.
+
+  Blair, F. P., General, Democratic candidate for Vice-President (1868),
+      333;
+    and the Cincinnati convention, 385 and _n._; 37, 120, 382.
+
+  Blair, Gist, quoted, 220 _n._
+
+  Blair, Montgomery, quoted, on Cameron's appointment, 151;
+    on Cameron's emancipation hobby, 172 _n._;
+    his resignation as Postmaster General and Frémont's withdrawal, 220
+      and _n._;
+    on reconstruction, 293; 83, 112, 157, 234, 307 _n._
+
+  Blatchford, Samuel J., Justice, 275.
+
+  Blodgett, Henry W., 419.
+
+  Blow, Henry T., 281.
+
+  Bonifant, U. S. Marshal, 195.
+
+  Booth, J. Wilkes, 289.
+
+  Border Ruffians. _See_ Missourians in Kansas.
+
+  Borders, Sarah, 28, 29.
+
+  Borie, Adolph, appointed Secretary of Navy, 337;
+    resigns, 337.
+
+  Boston _Advertiser_, 300.
+
+  Botts, John Minor, his _Great Rebellion_ quoted on Lincoln's offer to
+      evacuate Sumter, 159, 160;
+    denies Baldwin's story, 160, 161.
+
+  Boutwell, George S., Congressman, appointed Secretary of Treasury,
+      336, 337;
+    and the Leet and Stocking scandal, 364, 365; 281, 291, 304, 309,
+       339.
+
+  Bowles, Samuel, 86, 353, 387.
+
+  Bradley, Joseph P., Justice, 275, 276, 409.
+
+  Brainard, Daniel, 80.
+
+  Brayman, Mason, 13.
+
+  Breckinridge, John C., elected Vice-President (1856), 70;
+    nominated for President (1860), by seceding delegates, 96.
+
+  Brinkerhoff, R., 353.
+
+  Brooks, Preston S., Congressman, his assault on Sumner, 65.
+
+  "Brother Jonathan," 2 _n._
+
+  Brown, Albert G., Senator, 63.
+
+  Brown, B. Gratz, elected governor of Mo. as a liberal, 352;
+    candidate for Liberal Republican nomination, 377, 378;
+    arrives at Cincinnati, 382;
+    withdraws in favor of Greeley, 383;
+    nominated for Vice-President, 384;
+    divers views of his course, 384, 385 and _n._;
+    nominated by Democrats, 394; 220, 285, 389, 402.
+
+  Brown, George T., 80.
+
+  Brown, John, his raid on Harper's Ferry, 96-100;
+    author's impression of, 97;
+    his own view of his mission, 97, 98;
+    T. on moral and legal aspects of the raid, 98, 99; 53.
+
+  Brown, Joseph, 375.
+
+  Brown, William G., quoted, xxxiv.
+
+  Brown, W. H., 87.
+
+  Browning, Orville H., Secretary of Interior, his views on question of
+      territorializing states, 291; 92, 194, 197, 285, 307.
+
+  Brownlow, W. G., reconstruction governor of Tenn., 237.
+
+  Bryan, Silas L., 375.
+
+  Bryan, William J., student in T.'s office, 407;
+    author's meeting with (1893), 413.
+
+  Bryant, John H., quoted, 67 and _n._; 375.
+
+  Bryant, William Cullen, refuses to support Greeley, 385;
+    correspondence with T. thereon, 386, 387; 139, 140, 141, 145, 287,
+      353, 375, 391.
+
+  Buchanan, James, elected President, 70;
+    appoints Walker Governor of Kansas, 71;
+    and the Lecompton Constitution, 73;
+    his message to Congress on Topeka and Lecompton constitutions,
+      answered by T., 76, 77, and by Douglas, 77;
+    said to favor rejection of pro-slavery clause, 78;
+    recommends admission of Kansas under Lecompton Constitution, 81;
+    his message thereon discussed by T., 81, 82;
+    Chief Justice Caton on his attitude toward Lecomptonism, 84, 85;
+    and Justice McLean, 122, 123 and _n._;
+    policy of his government toward secessionists, 127, 128;
+    takes sides for the Union under pressure, 128; 74, 75, 113.
+
+  Buchanan Democrats in Ill., adopt name of National Democracy, 89;
+    Lincoln quoted concerning, 90;
+    their small poll, 91;
+    their poll in 1860 even smaller, 96.
+
+  Buckalew, Charles R., Senator, 285, 329.
+
+  Buckingham, William A., Senator, 366.
+
+  Bull Run, first battle of, described by T. in letters to Mrs. T.,
+      165-167.
+
+  Bullock, Rufus P., reconstruction governor of Georgia, 297, 298,
+      299, 300.
+
+  Burchard, Horatio C., Congressman, 354.
+
+  Burke, Edmund, 358.
+
+  Burlingame, Anson, 86, 88.
+
+  Burnside, Ambrose E., General, orders arrest of Vallandigham, 204;
+    his proceedings against the Chicago _Times_, 206-209;
+    his order revoked by Lincoln, 208;
+    defeated at Fredericksburg, 211.
+
+  Butler, Benjamin F., Congressman, reports Georgia bill, 298;
+    author of 10th article of impeachment, 311; 304, 309, 359, 362.
+
+  Butler, Fanny Kemble, xxxiv.
+
+  Butler, William, quoted, 148; 149, 151.
+
+
+  Cabinet, Pres. Johnson's, discussion of Tenure-of-Office bill by,
+      302, 303;
+    unanimous in advising veto, 303, 311.
+
+  Cabinet officers, and the Tenure-of-Office Act, 301, 302.
+
+  Cadwalader, George, 195.
+
+  Calhoun, John, and the Lecompton Constitution, 73; 18, 75, 84.
+
+  Calhoun, John C., Senator, and the doctrine of Nullification, xxv and
+      _n._, xxvii; 4.
+
+  Cameron, Simon, history of his inclusion in Lincoln's Cabinet, 142
+      _ff._;
+    visits Lincoln at Springfield, 144;
+    Lincoln promises portfolio to, 144, 429;
+    urgent opposition to, from McClure, T., and others, 144, 145, 146,
+       147 _ff._;
+    and Frémont, 172;
+    his report in favor of freeing and arming slaves suppressed by
+      Lincoln, 172 and _n._;
+    and the War Department frauds, 178 _ff._;
+    and T. A. Scott, 184, 185;
+    Nicolay and Hay on causes of his leaving Cabinet, 185, 186;
+    made Minister to Russia, 186;
+    McClure on his dismissal, 186, 187;
+    censured by House in Cummings affair, 186;
+    his confirmation as Minister to Russia opposed by T. and others,
+       187, 188,
+      but favored by Sumner, 188;
+    his statement to Hamlin, 188;
+    vote on Confirmation of, 189;
+    how he repaid Sumner, 189; 108, 343, 371.
+
+  Carlile, John S., Senator, opposes habeas corpus suspension act, 199.
+
+  Carlin, Thomas, 11.
+
+  Carpenter, Matthew H., Senator, counsel in McCardle case, 327, 329;
+       300, 358;
+    report on Louisiana election, 405;
+    speech before Electoral Commission, 411.
+
+  Carpetbaggers, and the San Domingo treaty, 350; 241.
+
+  Cass, Lewis, Senator, his Nicholson letter on squatter sovereignty,
+       94; 48, 63, 125.
+
+  Castle Pinckney, 129.
+
+  Catiline, steamer, 179, 180, 181, 182.
+
+  Caton, John D., quoted, on Buchanan's attitude toward Lecomptonism,
+       84, 85; 20.
+
+  Caulfield, B. G., 208.
+
+  Cavalry, fraudulent contracts for purchase of horses for, 182, 183.
+
+  _Century Magazine_, cited, 245 _n._, 307 _n._, 321 _n._
+
+  Chandler, Zachariah, Senator, and T.'s connection with the McCardle
+      case, 331, 332; 150, 166, 233, 355, 363, 371.
+
+  Channing, William Ellery, xxxii.
+
+  Charleston Convention of 1860, 107.
+
+  Chase, Salmon P., Chief Justice, quoted, 67;
+    and Cameron's dismissal, 186;
+    presides at impeachment trial, 309;
+    on the 11th article, 311;
+    his ruling on evidence of Johnson's intent to make a case for the
+      Supreme Court, overruled by the Senate, 313;
+    vote for, in Cincinnati convention (1872), 383;
+    T's estimate of, as Secretary of Treasury, 429, 430; 79, 102, 103,
+      107, 145, 147, 148, 150, 151, 170, 234, 240, 274, 289, 320, 372.
+
+  Cheever, Rev. George B., 220.
+
+  Cherokee Tract, the, 5.
+
+  Chesnut, James, 99.
+
+  Chicago, rioting at, in Pullman strike, 414;
+    troops ordered to, 414;
+    meeting at, addressed by T., 414, 415.
+
+  Chicago _Advance_, T.'s article in, on restriction of suffrage, 294.
+
+  Chicago Bar Association, and T.'s death, 418, 419.
+
+  Chicago _Evening Journal_, quoted, on T.'s speech on Chicago Times
+      matter, 208; 93.
+
+  Chicago _Times_, publication of, forbidden by Burnside, 206-209;
+    meeting of protest against the order, 207;
+    the order revoked by Lincoln, 208; 415, 424, 425.
+
+  Chicago _Tribune_, quoted, on the duty of Senators in impeachment
+      trial, 315, 316; 372, 389, 390.
+
+  Cincinnati, Liberal Republican Convention at (1872), 374 _ff._;
+    how composed, 379, 380;
+    difficulties of, on tariff question, result in compromise, 381, 382;
+    Greeley nominated for President by, 383, 384.
+
+  Cincinnati _Commercial_, 372.
+
+  Citizens of U. S., definition of, in 14th Amendment, 283.
+
+  Civil Rights bill, introduced by T., 257;
+    T.'s proposed amendment to, debated in Senate, 265 _ff._;
+    passes Senate, 271, and House, 272;
+    vetoed by Johnson, 272;
+    passed over veto, 272, 273;
+    held constitutional by Circuit Court of U. S., 274;
+    in Supreme Court, 275 _ff._;
+    Bingham's objections to, 281;
+    relation of 14th Amendment to, 282, 283;
+    T.'s course on, 424, 425.
+
+  Civil Rights Cases, 109 U. S., 275, 276.
+
+  Civil service, demoralization of, under Grant, 341, 342.
+
+  Civil-service reform, T. on, 359, 376.
+
+  Civil War, the, could not have been averted, xxi, xxii.
+
+  Clark, Daniel, Senator, 262, 264.
+
+  Clay, Clement C., Senator, his farewell speech in Senate, 121; 100.
+
+  Clay, Henry, xxvi, xxxi, 27, 39, 125.
+
+  Clayton, John M., 63 _n._
+
+  Cleveland, Grover, orders troops to Chicago, 414; 413.
+
+  Clifford, Nathan, Justice Sup. Court, 289, 409.
+
+  Clingman, Thomas L., Senator, 419.
+
+  Cochrane, John, General, nominated for Vice-President by anti-Lincoln
+      Republicans (1864), 219, 220.
+
+  Cole, Cornelius, Senator, 314.
+
+  Coles, Edward, and the "Anti-convention"
+
+  Contest in Ill., 27, 28.
+
+  Colfax, Schuyler, elected Vice-President (1872), 333;
+    and Grant, 393, 394;
+    and the Crédit-Mobilier, 402; 80, 331, 359.
+
+  Collamer, Jacob, Senator, speech of, on Kansas affairs, 65;
+    attacks T.'s Confiscation bill, 173, 174; 55, 102, 198.
+
+  Collins, James H., 30.
+
+  Colonization Society, xxxi.
+
+  Compromise of 1860, xxi, 34, 124, 125.
+
+  Confederate States. _See_ States, seceding.
+
+  Confiscation bill, concerning slaves only, introduced by T., and
+      passed by Congress, 168.
+
+  Confiscation bill (II), introduced by T. (Dec. 1861), 173, 176;
+    debated all the session, 173 _ff._;
+    report of Conference committee on, adopted, 175;
+    Lincoln proposes to veto, 175;
+    passage of joint resolution interpreting, 175;
+    the first step toward full emancipation, 176;
+    trifling proceeds of confiscation under, 176;
+    controversy over enforcement of, 176, 177.
+
+  Congress, adopts Missouri Compromise, xxx;
+    passes Kansas-Nebraska bill, 37;
+    Pres. Pierce's special message to, on Kansas affairs, 55;
+    Pres. Buchanan's first message to, 76;
+    Buchanan recommends admission of Kansas to, 81;
+    passes first Confiscation bill, 168;
+    debate on second Confiscation bill in, 173 _ff._;
+    Pres. Johnson's first message to, 244, 245;
+    power of, to pass laws for ordinary administration of justice in
+      states, 258-260, 265 _ff._;
+    attacked by Johnson, 286;
+    radicals in, and the Milligan case, 289, 290;
+    makes general of the army virtually independent of the President,
+      291;
+    measures of reconstruction passed by, over vetoes, 291-295;
+    and impeachment of Johnson, 303 _ff._;
+    intensity of contest in, 312;
+    and the McCardle case, 328-330;
+    passes Act of March 27, 1868, over veto, 330;
+    and the 15th Amendment, 338-340;
+    Pres. Grant's message to, on Ku-Klux-Klans, 356;
+    and the Amnesty bill, 359, 360;
+    and the Crédit-Mobilier, 402.
+   _And see_ House of Representatives, Reconstruction, Committee on, and
+      Senate.
+
+  Congress of the Confederation, and Jefferson's ordinance concerning
+      slavery (1784), xxviii, xxix;
+    passes Ordinance of 1787, 24, 25, 29.
+
+  _Congressional Globe_ of 1860-61, 114.
+
+  Conkling, Roscoe, Senator, 281, 331, 339, 355, 362, 363.
+
+  Connecticut, opposed to nomination of Seward, 103.
+
+  Constitution of U. S., obstacles to ratification of, xxii and _n._;
+      its "educational work," xxvi, xxvii;
+      and the power to free slaves, 222, 223;
+      projects of amending, in that regard, 223;
+      the James F. Wilson resolution, 223;
+      the Henderson resolution, 223,
+      reported by T. in amended form, 224.
+    _Amendment_ XIII, reported by T. in Senate, 224;
+      his speech thereon, 224-226;
+      favored by Henderson and R. Johnson, 227;
+      adopted by both branches, 228;
+      scene in House described by Julian, 228 and _n._;
+      ratified by States, 229, 252;
+      Seward's interpretation of, 229;
+      discussed in connection with Freedmen's Bureau bill, 258, 260;
+      and the Civil Rights bill, 267, 269, 270;
+      construed by Supreme Court in U.S. v. Harris, 275, 358,
+      and in Civil Rights Cases, 276, 277;
+      T.'s connection with, 422.
+    _Amendment_ XIV, construed by Supreme Court in U.S. v. Harris, 275,
+      358,
+      and in Civil Rights Cases, 276;
+      prepared and reported by Joint Committee on Reconstruction, 282,
+        283;
+      provisions of, 283;
+      passes both houses, 283;
+      history of framing of, 284 _n._;
+      Southern States refuse to ratify, and why, 287;
+      and the power of Congress to enforce ordinary civil law in the
+        states, 356, 357, 358.
+    _Amendment_ XV, construed by Supreme Court in U.S. _v._ Harris, 276,
+      358;
+      history of, 338-340;
+      passed by Congress, 339;
+      text of, 340;
+      ratified by States, 340.
+
+  "Convention party," the, attempts to amend Illinois constitution to
+      legalize slavery, 25, 26; defeat of, 27.
+
+  Cook, Burton C., 41, 43, 45, 46 _n._, 93.
+
+  Cook, Daniel P., in the "anti-convention" contest, 27, 28;
+    Cook County, Ill., named for, 27.
+
+  Cooper Union, Liberal Republican meeting at, 376, 377.
+
+  Copperheadism, Vallandigham the incarnation of, 203.
+
+  Corbett, Henry W., Senator, 314.
+
+  Corning, Erastus, 205.
+
+  Corwin, Thomas, Congressman, 112, 117.
+
+  Cotton-gin, results of invention of, xxxii.
+
+  Cowan, Edgar, Senator, attacks T.'s Confiscation bill, 173;
+    his great speech in favor of _habeas corpus_ suspension act, 201;
+    on Civil Rights bill, 269, 271, 272; 146, 261, 262, 285, 286, 323.
+
+  Cox, Jacob D., appointed Secretary of Interior, 337, 338;
+    why he resigned, 349, 350; 353, 373.
+
+  Crédit-Mobilier scandal, the, 401, 402.
+
+  Cresswell, John A. J., appointed Postmaster General, 337.
+
+  Crittenden, John J., Senator, his compromise measure, debated and
+      rejected by Senate, 115-117; 48, 60, 66.
+
+  Crittenden Compromise, debated, 115, 116;
+    T's speech against, 115, 123-138;
+    rejected by Senate, 117;
+    letters to T. from Illinoisans concerning, 117-119.
+
+  Cullom, Shelby M., Senator, quoted, 293;
+    defeats T. for governor of Ill., 412.
+
+  Cummings, Alexander, one of Cameron's agents, 143, 178;
+    the leading figure in War Dep't scandal, 178 _ff._;
+    a candidate for office under Johnson, 181 _n._
+
+  Curry, J. L. M., letter of, to Doolittle, as to Southern views, 255,
+      256.
+
+  Curtin, Andrew G., Governor, vote for in Cincinnati Convention, 383;
+      106, 144, 374, 377, 378.
+
+  Curtis, Benjamin R., of counsel for Pres. Johnson, 309.
+
+  Curtis, George W., 338, 368.
+
+  Curtis Commission on Civil Service Reform, 376.
+
+
+  Dabney, Rev. R. L., his account of the Lincoln-Baldwin Interview, 161,
+      162.
+
+  "Danites." _See_ Buchanan Democrats.
+
+  Darrow, Clarence S., quoted, on T.'s "socialistic trend," 425, 426;
+      414.
+
+  Davidson, G. C., 179, 180.
+
+  Davis, David, and Cameron's appointment, 142 _ff._;
+    bargains with delegates from Penn. and Ind., 142, 429;
+    his influence with Lincoln, 143 and _n._;
+    opinion of, in Milligan case, 289;
+    candidate for Liberal Republican nomination at Cincinnati, 377, 378;
+    his candidacy objected to by editors, 380, 381;
+    and the Electoral Commission (1877), 409; 178, 384.
+
+  Davis, Garrett, Senator, on Civil Rights bill, 270; 161, 234.
+
+  Davis, Henry Winter, Congressman, opposes Lincoln's reëlection, 220.
+
+  Davis, Jefferson, and "Squatter Sovereignty," 94, 95;
+    his resolutions aimed at Douglas's nomination, 95;
+    not a hothead, 110;
+    his speech of Jan. 10, 1861, 110;
+    his last speeches in Senate, 114, 115;
+    his farewell speech, 121;
+    his Rise and _Fall of the Confederate States_, 123 _n._; 83.
+
+  Dawes, Henry L., Congressman, on purchases of cavalry horses, 182,
+      183;
+    on corruption in government service, 184;
+    replies to Cameron's statement to Hamlin, 188, 189; 304, 354.
+
+  Dayton, William L., Senator, 69, 142.
+
+  Debs, Eugene V., and the Pullman strike, 413-415;
+    T. counsel for, 414, 415.
+
+  Delahay, M. W., opposition to his appointment as district judge, 213,
+      214;
+    appointed, impeached, and resigns, 214; 100, 101 and _n._
+
+  Dement, Isaac T., on affairs in Kansas, 53.
+
+  Democratic National Convention at Baltimore (1860), nominates Douglas,
+      96;
+    Southern delegates secede from, 96; 107;
+    (1872) adopts platform and candidate of Liberal Republicans, 394.
+
+  Democratic party, in North, split by Kansas-Nebraska bill, 37.
+
+  Democrats, condemn suspension of habeas corpus and arbitrary arrests,
+      194, 197;
+    in Senate, oppose habeas corpus suspension bill, 198, 199,
+       and filibuster against it, 200-203;
+    in North, protest against Vallandigham's trial and sentence, 205;
+    in Congress, oppose 13th Amendment, 228,
+      but not unanimously, 228 _n._;
+    union of, with Liberal Republicans, suggested by M. D. Sands, 353;
+    sympathy of, with that movement, 372 _ff._, 379;
+    dissentient (in 1872), nominate O'Conor and Adams, 394.
+
+  Denver, John A., appointed Governor of Kansas, 73.
+
+  Develin, John E., 179.
+
+  Dexter, Wirt, 208.
+
+  Dickens, Charles, describes Belleville, Ill., in _American Notes_, 14,
+      15.
+
+  Disfranchisement, chief cause of bad conditions in South, 356.
+
+  Dixon, Archibald, Senator, and repeal of Missouri Compromise, 34; 49.
+
+  Dixon, James, Senator, opposes inquiry as to arbitrary arrests, 192,
+      193;
+    his vote
+    against Impeachment, 323; 247, 261, 264, 265, 285, 313.
+
+  Dodge, Augustus C., Senator, 35.
+
+  Dodge, Grenville M., General, 227, 334 _n._, 394.
+
+  Dodge, William E., 365.
+
+  Doolittle, James R., Senator, on Tenure-of-Office bill, 303;
+    his vote against impeachment, 323;
+    his resignation demanded, 323; 150, 194, 220, 233, 247, 261, 273
+      _n._, 285, 313, 329, 419, 423.
+
+  Dougherty, John, 18, 89, 90.
+
+  Douglas, Robert M., 32 _n._
+
+  Douglas, Stephen A., appointed to Ill. Supreme Court, 10;
+    elected U. S. Senator, 19;
+    his early career, 32 and _n._, 33;
+    his position in the Democratic party, 33;
+    his personal appearance, 33;
+    his talents and character, 33;
+    reports Nebraska bill, 33;
+    accepts Dixon Amendment repealing Missouri Compromise, 34;
+    offers amendment dividing the territory, 34;
+    his reasons, 35,
+      and why not convincing, 35, 36;
+    not a pro-slavery man, 36;
+    his reasons for repealing Missouri Compromise, 36, 37;
+    Lincoln's reply to his Springfield speech (1854), 39, 40 and _n._;
+    and the senatorial election of 1854, 46 _n._;
+    his report on affairs in Kansas, 55;
+    attached by T., 56;
+    his sophistry, 57, 58, 62;
+    his debate with T., 59 _ff._;
+    declares T. not a Democrat, 60, 66;
+    further debate with T. on Kansas, 63 _ff._;
+    T. a match for, in debate, 65, 66;
+    denounces Cabinet conspiracy regarding referendum on Lecompton
+      Constitution, 72, 73;
+    his motion for that action, 74, 75;
+    his anti-Lecompton speech, 77, 78;
+    for the first time, opposes wishes of South, 77;
+    was he sincere? 77, 78;
+    his lack of principle, 78;
+    contemplates alliance with Republicans, 78-80;
+    opposes English bill for admission of Kansas, 84;
+    his attitude toward slavery, 78, 86;
+    his aid indispensable in defeating Lecompton bill, 86;
+    appeals to imagination of Eastern Republicans, 86;
+    distrusted by Republicans of Ill., 86-88, 91, 92;
+    his instability, 88;
+    his campaign for reëlection in 1858, 89 _ff._;
+    his health impaired, 89;
+    reaffirms doctrine of Squatter Sovereignty, 94;
+    answered by J. Davis, 95;
+    his speech of May 15, 1860, 95;
+    answered by Benjamin, 95, 96;
+    nominated for President at Charleston, and by one faction at
+      Baltimore, 96;
+    favors Crittenden Compromise, 116;
+    his views on causes of disunion, 116, 117;
+    his last days devoted to the Union, 152, 153;
+    speaks to Ill. legislature, 153;
+    his influence alone saves Southern Ill., 153;
+    his death, 153;
+    T.'s eulogy of, 153, 154;
+    G. Welles's account of his attitude in 1861,
+      and his interview with Seward, 163, 164; 42, 47, 49, 76, 85, 100,
+        104, 107, 108, 169, 427.
+
+  Douglass, Frederick, 236, 237.
+
+  Drake, Charles D., Senator, 296, 298, 352.
+
+  Dred Scott case, opinion of Supreme Court, criticized by T., 82; 64.
+
+  Drummond, Thomas, Justice, enjoins executor of Burnside's order
+      against Chicago _Times_, 206;
+    his order disregarded, 207; 10, 208, 427.
+
+  Dubois, Jesse K., quoted, 79, 87, 216, 217; 213, 375.
+
+  Duncan, Joseph, Governor, 11.
+
+  Dunning, William A., his _Reconstruction_, quoted, 274, 321 _n._; 244.
+
+  Durell, Edward H., Justice, and the contested election in Louisiana,
+      404.
+
+  Durkee, Charles, Senator, 150.
+
+  Dyer, Thomas, 91.
+
+
+  Eaton, Major, 178.
+
+  Edmunds, George F., Senator, 339, 346, 358, 363.
+
+  Edwards, Ninian, Governor, 11, 45.
+
+  Electoral Commission (1877), composition of, 409;
+    decision of, 410, 411;
+    its purpose, "not to do justice between man and man, but to save the
+      Republic," 411.
+
+  Eliot, Thomas D., 172.
+
+  Ellsworth, Oliver, xxii _n._
+
+  Emancipation, Seward on actual date of, 222;
+    doubt regarding President's power in relation to, 222, 223.
+    _And see_ Slavery, Slaves.
+
+  Emancipation movement, history of, xxviii.
+
+  Emancipation Proclamation, issued, 200;
+    distasteful to Democrats, 200;
+    force and extent of, 222;
+    doubt as to its legal effect, 229, 230.
+
+  Embargo, the, xxiv.
+
+  Emerson, Dr., Dred Scott's master, 82.
+
+  Emigrant Aid Co. (Worcester), 50, 59 _n._
+
+  Emigrant Aid societies, 59 _n._
+
+  Emory, William H., General. 9th article of impeachment based on
+      alleged conversation of Johnson with, 310.
+
+  England, mission to, offered to T., 347, 348,
+      and declined, 348;
+    T.'s speech on claims against, 348, 349;
+    and demands surrender of Mason and Slidell, 349 and _n._
+
+  English, William H., Congressman, his bill for admission of Kansas,
+      passed by Congress, 83, 84,
+    but rejected by people, 84.
+
+  Equal Rights Act (1875) held unconstitutional by Supreme Court, 275.
+
+  Europe, and Lincoln's death, 231.
+
+  Evarts, William M., of counsel for Pres. Johnson, 309.
+
+
+  Farragut, David G., Admiral, 221.
+
+  Federalist party, xxiii.
+
+  Fenton, Reuben E., 386, 390.
+
+  Fessenden, William P., Senator, Chairman of Reconstruction Committee,
+      281, 282;
+    opposes conviction of Johnson, 313;
+    abused by radicals, 313;
+    "read out" of Republican party, 324;
+    called upon to resist Greenback heresy in Maine, 324;
+    his death and character, 324;
+    T's eulogy of, 324, 325; 82, 83, 89, 102, 168, 194, 202, 287, 292,
+      316, 317, 335.
+
+  Field, Alexander P., 11.
+
+  Field, D. D., 147.
+
+  Field, Stephen J., Justice, 275, 289, 409.
+
+  Fillmore, Millard, candidate for Pres., in 1856, 70; 92, 108.
+
+  Finkelnburg, Gustavus A., Congressman, 354.
+
+  Fish, Hamilton, appointed Secretary of State, 335;
+    letter of, to T., offering English mission, 347, 348; 362.
+
+  Flack, Horace E., history of the 14th Amendment, 284 _n._
+
+  Florida, and the 13th Amendment, 229;
+    order for reconstruction of, 238;
+    disputed returns from (1876), 408 _ff._
+
+  Flournoy, Charles G., 212.
+
+  Floyd, John B., Secretary of War, resigns, 128; 130.
+
+  Fogg, George G., 144, 146.
+
+  Foot, Solomon, Senator, 168, 261, 263.
+
+  Ford, Thomas, historian of Ill., quoted, 11;
+    as governor, requests T.'s resignation as Secretary of State, 12 and
+      _n._, 13; 18.
+
+  Foreign Relations, Senate Committee on, reorganization of, to punish
+      Sumner, 343-347.
+
+  "Forever," meaning of, in Missouri Compromise Act, 62, 63 _n._
+
+  Forney, John W., 300, 342.
+
+  Forsyth, John, Senator, xxvii, 156.
+
+  Foster, Lafayette S., Senator, 189, 273.
+
+  Fouke, Philip B., 38.
+
+  Fowler, Joseph S., Senator, 285, 314, 316, 317.
+
+  Free-silver, T. a believer in, 413.
+
+  Free Soilers, in 1854, 40;
+    nucleus of the Republican party, 41.
+
+  Free State men, in minority in Kansas in 1855, 49, 51;
+    convention of, 55;
+    refuse to take part in election of constitutional convention, 71,
+      72;
+    elect majority of territorial legislature, 72.
+
+  Free trade, meaning of, in 1871, 355.
+
+  Freedmen's Bureau, powers of, 257, 258.
+
+  Freedmen's Bureau bill, introduced by T., 257;
+    provisions of, 257, 258;
+    vetoed by Johnson, 260, 261;
+    fails to pass Senate over veto, 261;
+    T.'s course on, 423.
+
+  Freeport, Ill., joint debate between Lincoln and Douglas at, 94 _n._,
+      96.
+
+  Frelinghuysen, Frederick T., Senator, 314, 316, 347 _n._
+
+  Frémont, John C, Republican nominee for Pres., 69;
+    his defeat fortunate for the country, 70;
+    candidate for nomination in 1860, 103;
+    his order emancipating slaves revoked by Lincoln, 169, 170, 171;
+    nominated for Pres. by Anti-Lincoln Republicans (1864), 219, 220;
+    withdrawn, 220;
+    connection between his withdrawal and Mr. Blair's retirement, 220
+      and _n._; 141, 194.
+
+  French, Augustus C, Governor, 18.
+
+  French Revolution, effect of, on parties in U. S., xxiii.
+
+  Fugitive Slave Law, 114.
+
+
+  Galloway, Samuel, quoted, 75;
+    letter to T. on Republican grievances against Grant, 371.
+
+  Garfield, James A., General, 412.
+
+  Garrison, William L., his crusade mistakenly interpreted at the south,
+      xxxiii;
+    supports Lincoln's reconstruction plan, 235, 236; 388.
+
+  Gary, Mrs. F. C., letter of, to T., 278,
+    and his reply, 279.
+
+  Gaston, William, Judge, 270.
+
+  Geary, John W., Governor, 53, 72.
+
+  "General order" system in N. Y. custom-house, 364 _ff._
+
+  Genius of Universal Emancipation, the, xxxi.
+
+  Georgia, and Garrison, xxxi;
+    order for reconstruction of, 238;
+    re-reconstruction of, 297-300;
+    status of negroes in, 298;
+    bill for reorganization of, 298, 299;
+    T.'s attitude on treatment of, 298, 299, 300.
+
+  German vote, the, and the Republican nomination in 1860, 103.
+
+  Germans in St. Clair county, Ill., 38.
+
+  Gettysburg, battle of, and its effect on Vallandigham's ambition, 206.
+
+  Gillespie, Joseph, 10.
+
+  Gilman, Winthrop S., 9.
+
+  Godkin, Edwin L., quoted, 381, 382;
+    refuses to support Greeley, 385;
+    deprecates Schurz's contrary decision, 392, 393;
+    and Greeley's defeat, 404; 353.
+
+  Godwin, Parke, quoted, against Greeley, 393.
+
+  Goodrich, Grant, quoted, 119.
+
+  Government bonds, falling off in subscriptions to, in autumn of 1861,
+      170.
+
+  Government contracts, House committee on, 178 _ff._;
+    censures T. A. Scott, 184, 185.
+
+  Gowdy, W. C., 40 _n._
+
+  "Grandfather clause," the, in constitutions of southern states, 339.
+
+  Grant, Ulysses S., J. M. Palmer on his character and future, 216;
+    his southern tour of inspection, and report, 252, 253, 254;
+    Secretary of War _ad interim_, 305;
+    retires in favor of Stanton after action of Senate, 306;
+    his correspondence with Johnson, submitted to Reconstruction
+      Committee, 306, 307;
+    his reason for retiring, 307;
+    Johnson on his attitude, 307 _n._;
+    and the McCardle case, 327;
+    nominated for Pres., and elected, 332, 333;
+    his first cabinet a conglomerate, 333;
+    and Washburne's appointment, 334;
+    his agreement with J. F. Wilson, 334;
+    compels Washburne to resign, 334;
+    appoints Fish, 335;
+    nominates Stewart for Treasury, 335, 336,
+      then Boutwell, 336;
+    his other appointments, 337, 338;
+    his army-headquarters transferred to White House, 342;
+    the San Domingo treaty, and quarrel with Sumner, 342 _ff._;
+    removes Motley as minister to England, 347, 348;
+    offers English mission to T., 347, 348;
+    and civil-service reform, 349, 350;
+    and Attorney-General Hoar, 350;
+    and the Liberal movement in Mo., 355;
+    shortcomings of his administration, the main cause of Liberal
+      movement, 361;
+    his failings in civil station reviewed, 361 _ff._;
+    nominated because of his military renown, 361, 362;
+    his great services on two occasions, 362;
+    and the Leet and Stocking case, 365 _ff._;
+    T. not personally hostile to, 369, 370;
+    Republican dissatisfaction with, 370, 371,
+      and opposition to, 372 _ff._;
+    Sumner's speech against, 387, 388;
+    his services overlooked by Sumner, 388;
+    compared favorably with Greeley, 392, 393;
+    renominated by Republicans, 393;
+    not personally involved in Crédit-Mobilier scandal, 401;
+    reëlected, 402;
+    and the contest in La., in 1872, 405, 406 and _n._;
+    his second administration, 407, 408; 212, 214, 215, 226, 227, 236
+      and _n._, 240, 308, 309, 330, 384, 408, 411, 420.
+
+  Gray, Horace, 275.
+
+  Gray, Robert A., 161.
+
+  Greeley, Horace, "puffs" Douglas, 80, 91, 92;
+    candidate for Liberal Republican nomination, 377;
+    his career and character, 378;
+    editorial attitude toward his candidacy, 381;
+    Brown withdraws in his favor, 382, 383;
+    nominated, 384;
+    effect of his nomination, 384 _ff._;
+    Godkin and Bryant refuse to support, 385;
+    T.'s letter in favor of, 386, 387;
+    author's view of his nomination, 389, 390;
+    refuses Schurz's advice to decline, 391;
+    meeting of Liberal Republicans opposed to, 391, 392;
+    Schurz's attitude toward, 392, 393;
+    nominated by Democrats, 394;
+    supported by T. in the campaign, 395 _ff._;
+    T.'s tribute to, 399;
+    his failings laid bare, 400;
+    caricature by Nast, 400;
+    on the stump in Ohio, etc., 400;
+    his tariff views, 401;
+    his stumping tour too late, 401;
+    overwhelmingly defeated, 402;
+    fatal effect of defeat on, 403; and _n._;
+    his last letter to Schurz, 403;
+    his death, 403;
+    reflections on his fate, 404; 86, 87, 88, 141, 307 _n._, 369.
+
+  Green, James S., Senator, 114.
+
+  Greene, Francis V., General, quoted, 227.
+
+  Greenville Academy, 5.
+
+  Gregory, S. S., 414.
+
+  Grider, Henry, Congressman, 281.
+
+  Grier, Robert C. Justice Sup. Ct., 289.
+
+  Grimes, James W., Senator, denounces impeachment, 313;
+    censured by radicals, 313;
+    striken with paralysis, but votes against impeachment, 325;
+    "though pure as ice," did not escape calumny, 326;
+    quoted, on Republican corruption, 341;
+    his character, 341; 150, 165, 166, 168, 189, 202, 281, 287, 316,
+      317, 338.
+
+  Grimshaw, Jackson, quoted, 213.
+
+  Grinnell, Moses H., collector of N. Y., 364;
+    and Leet, 367, 368.
+
+  Groesbeck, William S., of counsel for Johnson, 309; 372.
+
+  Grosvenor, William M., 352, 353, 382, 383.
+
+  Guthrie, James, Senator, 271.
+
+
+  Habeas corpus, authority to suspend, given to Scott, 190;
+    discussion of power to suspend, 191, 194;
+    case of Merryman, 194-196;
+    writ of, denied Vallandigham, 205;
+    suspension of, authorized in Ku-Klux bill of 1871, 356, 357.
+
+  Habeas Corpus Suspension bill, passes House, 196;
+    reported by T. to Senate, but fails to pass, 197;
+    T. offers substitute for, 198,
+      which is opposed by Democrats, 199,
+      but passes Senate, 199;
+    in conference, combined with Stevens's indemnity bill, 199;
+    debated, filibustered against, and passed, 200-203;
+    characterized, 203;
+    violated by banishment of Vallandigham, 203 _ff._;
+    and the Milligan case, 288, 289;
+    invoked by McCardle, 327.
+
+  Hahn, Michael, chosen governor of La., under reconstruction, 232, 233.
+
+  Hale, Eugene, Congressman, as a revenue reformer, 354.
+
+  Hale, John P., Senator, speech of, on Kansas affairs, 65; xxi, 37, 38,
+      102, 189, 194.
+
+  Hall's carbines, fraudulent repurchases of, 184.
+
+  Halleck, Henry W., General, G. Welles on, 226;
+    other opinions of, 227; 212.
+
+  Halstead, Murat, 380, 381, 384.
+
+  Hamilton, Alexander, xxiii.
+
+  Hamlin, Hannibal, Vice-President, 108, 109, 112, 141.
+
+  Hancock, Winfield S., General, 422.
+
+  Hardin, John J., 10, 427.
+
+  Harding, A. C, quoted, 118.
+
+  Harlan, James, Senator, 150, 189, 320, 338, 366, 419.
+
+  Harlan, John M., Justice Sup. Ct., his dissenting opinion in Civil
+      Rights Cases, 276, 278; 275.
+
+  Harper's Ferry, Brown's raid on, 96-100.
+
+  Harris, Ira, Senator, 176, 262, 281.
+
+  Harris, N. Dwight, _Negro Servitude in Illinois_, 29 and _n._; 30, 31;
+    on T., 31.
+
+  Harrison, William H., Governor, favors slavery in Northwest Territory,
+      24.
+
+  Hartford Convention, xxiv, xxv.
+
+  Harvey, J. E., divulges purpose to send supplies to Sumter, 155 _ff._;
+    rewarded by Seward, 155, 157;
+    Republican senators seek his recall from Portugal, 155, 156.
+
+  Hatch, O. M., Secretary of State of Ill., 87, 213.
+
+  Hay, John, his diary, quoted, 158, 190, 227.
+    _And see_ Nicolay and Hay.
+
+  Hayes, Rutherford B., President, disputed election of, 406, 407 _ff._;
+    declared elected by Electoral Commission, 411.
+
+  Hayne, Robert Y., Senator, xxii _n._, xxvi, xxvii, 3.
+
+  Heath, Randolph, 42.
+
+  Hecker, Fred, quoted, 215; 38.
+
+  Henderson, John B., Senator, proposes amendment to Constitution,
+      forbidding slavery, 223;
+    his resolution, amended, reported by T., 224;
+    his speech in its favor, 227;
+    the only one of the "Traitors" whom the Republican party publicly
+      forgave, 326; 260, 314, 316, 317, 321 _n._; 362.
+
+  Hendricks, Thomas A., Senator, 228, 258, 262, 271, 285, 301, 329, 402.
+
+  Henn, Bernhart, Congressman, 35.
+
+  Herndon, William H., quoted, 75, 80, 89, 90, 91, 92, 107, 119, 214,
+      429; 87, 112, 143 _n._; 426, 428.
+
+  Herold, conspirator, 289.
+
+  Hewitt, Abram S., Congressman, 408, 409.
+
+  Hickox, Virgil, 13, 19.
+
+  Hill, Adams S., 341.
+
+  Hilton, Henry, and A. T. Stewart, 336.
+
+  Hoadley, George, 372, 382.
+
+  Hoar, E. Rockwood, appointed Attorney-General, 337, 338;
+    cause of his resignation, 350;
+    his recommendations for vacant judgeships, 350;
+    his nomination to Supreme Court not confirmed, and why, 350;
+    Grant asks his resignation, 350.
+
+  Hodge, Paymaster, 362, 363, 395.
+
+  Hoffman, John T., Governor, 379.
+
+  Hogeboom, Henry, 147.
+
+  Holden, W. H., 238.
+
+  Horner, William N., quoted, on T's character, 425.
+
+  House of Representatives, Kansas-Nebraska bill in, 37;
+    rejects Lecompton bill, 83,
+      but passes substituted English bill, 84;
+    passes proposed Amendment to Constitution, forbidding interference
+      with slavery, 117;
+    passes Confiscation bill, 175;
+    Committee on Government Contracts of, 178 _ff._;
+    censures Cameron, 187;
+    passes bill concerning political prisoners, 196;
+    passes Stevens's indemnity bill, 198;
+    debate on 13th Amendment in, 223, 228;
+    debate on Civil Rights bill in, 271, 272, 281;
+    passes 14th Amendment, 282, 283;
+    Stevens's Reconstruction bill introduced in, 284,
+      passed by, 291, 292,
+      and passed over veto, 293, 294;
+    passes bill admitting Tennessee, 295;
+    Tenure-of-Office bill in, 301,
+      and passed by, over veto, 303;
+    votes against impeachment (Dec., 1867), 303, 304;
+    impeachment voted by (Feb., 1868), 309;
+    passes 15th Amendment, 338-340;
+    Committee of Ways and Means of, 354;
+    Committee of inquiry into navy frauds, characterized by T., 397,
+      398.
+
+  Hovey, Alvin P., Governor, 288.
+
+  Howard,Jacob M., Senator, on Civil Rights bill, 269, 270;
+    on Reconstruction Committee, 281;
+    proposes definition of "citizens" in 14th Amendment, 282, 283; 287,
+      298.
+
+  Howe, Samuel G., 343.
+
+  Howe, Timothy O., Senator, his view of the impeachment, 310;
+    and the ousting of Sumner, 345, 346; 316, 320, 323, 343, 366.
+
+  Humphrey, James, 180.
+
+  Hunt, Gaillard, xxii _n._
+
+  Hunter, David, General, at first battle of Bull Run, 165;
+    his order freeing slaves in certain states, revoked by Lincoln, 172.
+
+  Hunter, R. M. T., Senator, 49, 116.
+
+  Hurd, H. B., 98.
+
+  Hurlbut, S. A., quoted, 74.
+
+  Hutchins, Waldo, 390.
+
+
+  Illinois, new constitution of, adopted in 1847, 20;
+    slavery in, when ceded to U.S., 23;
+    earlier occupation of, 23;
+    opposition to slavery in, organized by Lemen, 23, 24;
+    territorial legislature of, violates Ordinance of 1787, 24, 25;
+    provisions of constitution of, concerning slavery, 25;
+    pro-slavery efforts to amend constitution, 25, 26;
+    their failure, 27;
+    T. elected to Congress from 8th district of, 37, 38;
+    and Seward's candidacy, 103;
+    campaign of 1860 in, 108 _ff._;
+    office-seekers from, in 1861, 139;
+    status of negroes in, 243;
+    in the Cincinnati convention (1872), 389, 390;
+    T. nominated for governor of, and defeated, 412.
+
+  Illinois legislature, and the proposed constitutional convention, 25,
+      26;
+    and the Senatorial election of 1854, 39 _ff._, 46 _n._;
+    condemns proceedings against Chicago _Times_, 209:
+    reëlects T. as senator, 277.
+
+  Illinois State Bank, suspension of, 13.
+
+  Illinois Supreme Court, reconstruction of, 11;
+    number of judges of, 20;
+    T. elected judge of, 20;
+    T. reëlected to, and resigns, 21;
+    decision of, in Jarrot _v._ Jarrot, 29, 30.
+
+  Immigration, and attempted legalization of slavery in Ill., 26.
+
+  Impeachment, two theories of, 312;
+    a judicial or political process? 312.
+
+  Impeachment of Andrew Johnson, first mention of, 303;
+    House Judiciary Committee reports in favor of, 304;
+    House rejects resolution providing for, 304;
+    evidence submitted to Committee on Reconstruction, 306,
+      which refuses to recommend, 308;
+    resolutions of, adopted by House, 309;
+    articles of, adopted, 309-311;
+    managers appointed, 309;
+    trial of, 309, 312 _ff._;
+    conduct of managers of, 312, 313;
+    material evidence excluded, 313;
+    divers newspapers quoted concerning, 314-317;
+    T. files opinion in, 318, 319;
+    vote of acquittal on 11th, 2d, and 3d articles, 320, 321;
+    end of the trial, 321;
+    T.'s vote on, 423.
+
+  Indemnity, Stevens's bill of passes House, 198;
+    combined with habeas corpus bill, 199;
+    debated, filibustered against, and passed, 200-203.
+
+  _Independent Democrat_, the, 14.
+
+  Indiana, opposed to Seward, 103;
+    in convention of 1860, 106, 107;
+    election of Oct., 1872, in, 402.
+
+  Inflation bill, Grant's veto of, 362.
+
+  Ingraham, Mary, T.'s second wife, 412.
+    _And see_ Trumbull, Mary (Ingraham).
+
+  Investigation and Retrenchment, Committee on, established by Senate,
+      364;
+    personnel of, 366, 367;
+    solves Leet and Stocking scandal, 367-369;
+    characterized by T., 395, 396.
+
+  "Irrepressible Conflict," the, existed before it was so described,
+      xxxiv.
+
+  Iverson, Alfred, Senator, 213.
+
+
+  Jackson, Andrew, xxv, xxvi, 76, 103, 124.
+
+  Janney, Mr., 161.
+
+  Jarrot _v._ Jarrot, decision of Supreme Court in, abolished Slavery in
+      Ill., 29, 30.
+
+  Jayne, Gershom, T.'s father-in-law, 15.
+
+  Jayne, Mrs. Gershom, T.'s letter to, on religion, 430, 431.
+
+  Jayne, Julia M., marries T., 15.
+    _And see_ Trumbull, Julia (Jayne).
+
+  Jayne, William, quoted, 106, 107; 108, 109, 111, 150, 379.
+
+  Jefferson, Thomas, and slavery, xxviii, 23, 24;
+    the proposed ordinance relating thereto (1784), xxviii, xxix and
+      _n._;
+    quoted, on Missouri Compromise, xxx; xxiii, xxiv.
+
+  Johnson, Andrew, popularity of, in Tenn., 214;
+    his early radicalism and anti-Southern feeling, 236;
+    gradual change in his attitude, 236;
+    opposes unrestricted negro suffrage, 236, 237;
+    adopts Lincoln's plan of reconstruction and his Cabinet, 237;
+    executive orders of, reorganizing governments of all seceding
+      states, 237, 238;
+    issues amnesty proclamation, 239;
+    Phillips makes first attack on, 239, 240;
+    defended by N. Y. _Tribune_ and _Times_, 240, 241;
+    his first message to Congress, written by Bancroft, 244;
+    the message praised by N. Y. _Times_ and _Nation_, 244, 245;
+    his early history, 245 and _n._;
+    in Senate of U.S., 246;
+    as public speaker and debater, 246;
+    his speech against secession, 246;
+    Stephens and Seward on, 246;
+    his speech of Aug. 29, 1866, 246;
+    attacked by Sumner, 246, 247;
+    and Terry's order concerning vagrancy law of Va., 247;
+    and reports of Grant and Schurz on conditions in the South, 252,
+      253, 254;
+    vetoes Freedmen's Bureau bill, 260, 261, 423;
+    vetoes Civil Rights bill, 272, 423;
+    his veto message answered by T., 272;
+    his course discussed, 273, 274;
+    his combativeness, 273 and _n._, 274;
+    majority against, in Congress, increased by elections of 1866, 277;
+    sustained by T. until veto of Civil Rights bill, 277;
+    signs bill readmitting Tenn., 285;
+    "National Union Convention" of supporters of, 285, 286;
+    his attack on Congress, and its sequel, 286;
+    policy of, and the Milligan case, 289;
+    and the Cabinet meeting of Jan. 8, 1867, 290;
+    Northern view of his plan of reconstruction, 293;
+    vetoes Reconstruction bill, 293,
+      and divers supplementary bills, 293, 294;
+    his power of removal aimed at by Tenure-of-Office bill, 301, 302;
+    impeachment of, now generally condemned, 303;
+    first mention of impeachment of, 303, 304;
+    House rejects impeachment resolutions, 304;
+    requests Stanton's resignation, 304, 305;
+    suspends him and appoints Grant _ad interim_, 305;
+    correspondence of, with Grant, submitted to committee, 306, 307;
+    his lack of tact, 306;
+    wishes to make up a case for Supreme Court, 307;
+    quoted by Truman as to his Cabinet, 307 _n._;
+    advised to let Stanton alone, but attempts to remove him, 308;
+    names Thomas Secretary _ad interim_, 308;
+    his action causes change in public feeling, 309;
+    House votes to impeach, 309;
+    his trial, 309, 312 _ff._;
+    summary of articles, 309-311;
+    his answer, 311;
+    evidence of his purpose to make a case for Supreme Court not
+      admitted, 312, 313;
+    acquitted, 320, 321;
+    vetoes Act of March 27, 1868, 329;
+    T.'s vote on impeachment of, 423; 181 _n._, 229, 278.
+
+  Johnson, Reverdy, Senator, favors 13th Amendment, 227;
+    on Civil Rights bill, 270; 247, 264, 281.
+
+  Jonas, A., quoted, 74, 79, 92.
+
+  Jones, George W., 35.
+
+  Judd, Norman B., expects seat in Lincoln's Cabinet, 148;
+    his character, 149;
+    favored by T., 149;
+    interview of, with Lincoln, 149, 150;
+    receives Prussian mission as a salve, 151, 152;
+    quoted, as to T.'s feeling against Lincoln, 217;
+    as to European admiration of Lincoln, 231;
+    on other subjects, 74, 80, 91; 15, 41, 43, 45, 46 _n._, 69, 87, 93,
+      142.
+
+  Julian, George W., Congressman, describes scene in House on adoption
+      of 13th Amendment, 228 and _n._; xxi.
+
+
+  Kansas, did Douglas intend it to be a slave state? 35, 36;
+    affairs in, in 1855, 49 _ff._;
+    prospect of slavery in, 49;
+    Reeder appointed governor, 49;
+    invaded by Missourians, 49;
+    election of Whitfield, 49, 50;
+    second invasion of Missourians, 50 _ff._;
+    "Border Ruffian" legislature of, enacts Slave code, 54, 55;
+    Shannon appointed governor, 55;
+    Free State convention In, 55;
+    Pres. Pierce's special message on affairs in, 55;
+    reports of Senate Committee on Territories thereon, 55 _ff._;
+    debate on affairs in, in Senate, 55 _ff._;
+    T.'s letter to Turner on affairs in, 71;
+    Walker appointed governor, 71;
+    Constitutional Convention at Lecompton, 72;
+    Cabinet Conspiracy concerning referendum on Lecompton Constitution,
+      72, 73;
+    legislature declares for submission of the whole Constitution, 73;
+    admission of, thereunder, recommended by Buchanan, 81;
+    administration bill, passed by Senate, but repealed by House, 83;
+    English bill, passed by Congress, but rejected by people, 83, 84;
+    reign of terror in, 126;
+    proposed suffrage amendment to Constitution of, rejected, 295.
+
+  Kansas-Nebraska bill, its original form, 33, 34;
+    as amended, 34, 35;
+    passed by Congress, 37;
+    effect of passage of, on parties at the North, 37;
+    T. organizes opposition to, in Ill., 37, 38;
+    opposed by Lincoln, 39;
+    and the Senatorial election in Ill., in 1854, 39 _ff._;
+    attacked by T., 56; 125, 126, 131.
+
+  Keim, William H., 195.
+
+  Kellogg, William P., and the governorship of La., 404, 405, 406, 408;
+      410, 411.
+
+  Kentucky Resolutions of 1798, xxiii.
+
+  King, Preston, Senator, 122.
+
+  King, Rufus, xxii _n._
+
+  Koerner, Gustave, quoted, 103, 118, 212, 213;
+    interview of, with Lincoln, 149, 150;
+    and the Russian mission, 151, 152;
+    appointed Minister to Spain, 152;
+    T. writes to, on impeachment, 323;
+    his death and funeral, 418; 29, 30, 37, 88, 379.
+
+  Ku-Klux bill, held unconstitutional by Supreme Court, 275, 358; 424.
+
+  Ku-Klux-Klan, in Georgia, 298, 300;
+    Grant's special message on, 356;
+    Congress passes bill relating to, 356,
+      which is opposed by T. and Schurz, 356, 357, 358.
+
+
+  Labor laws enacted by seceding states during reconstruction, 242;
+    brought before Congress, 247;
+    character of, 247.
+
+  Lambert, W. H., 110 _n._
+
+  Lane, Henry S., Senator, 106, 166.
+
+  Lane, James H., Senator, 53, 101 _n._
+
+  Larned, E. C, T.'s letters to, on compromise, 113, 114.
+
+  Lea, M. Carey, letter of, to T., on Frémont emancipation episode, 170,
+    and T.'s reply, 171, 172.
+
+  Lecompton constitution, slavery clause of, alone to be submitted to
+      people, 72, 73;
+    declared valid by Buchanan, 76;
+    condemned by T., 76, 77;
+    admission of Kansas under, urged by Buchanan, 81;
+    disappears with rejection of English bill by the people, 83.
+
+  Lee, S. Phillips, 169.
+
+  Leet and Stocking scandal, 364 _ff._;
+    Senate orders inquiry into, 355-367;
+    solution of, 367-369.
+
+  Lemen, Rev. James, organizes opposition to slavery in Northwest Terr.,
+     23, 24.
+
+  Lewis, B., quoted, 107.
+
+  Lewis, John F., 161.
+
+  Liberal Republican movement (1872) started in Mo., 351;
+    progress of, 351 _ff._;
+    Schurz a leader in, 352;
+    revenue reform an element in, 352, 353;
+    how viewed by Grant and his friends, 355;
+    shortcomings of Grant's administration the main cause of, 361.
+    _And see_ Cincinnati, Convention at.
+
+  Liberal Republicans, demand universal Amnesty with impartial suffrage,
+      356;
+    call for national Convention of, 372,
+    which meets at Cincinnati, 374 _ff._;
+    leading candidates for presidency among, 377;
+    division among, after Greeley's nomination, 385 _ff._;
+    meeting of dissentients, 391, 392.
+    _And see_ Missouri.
+
+  _Liberator_, the, established by Garrison (1831), xxxi;
+    attempts to suppress, xxxii.
+
+  Lincoln, Abraham, in Ill. legislature of 1840, 10;
+    his marriage, 15;
+    and the Kansas-Nebraska bill, 37;
+    and the Senatorial election of 1854, 39, 43 _ff._;
+    effect of repeal of Missouri Compromise on, 39;
+    his speech at Peoria in reply to Douglas, 39, 40 and _n._;
+    defeated by T., 45, 46 _n._;
+    letter of, to Washburne, on the result, 45, 46;
+    possible results of his election, 47;
+    urges T. to attend first Republican national convention, 69;
+    receives votes for Vice-President, 69;
+    writes T. on the ticket, 69, 70;
+    on Douglas's attitude on Lecompton, 74;
+    on Republican praise of Douglas, 87;
+    Palmer on candidacy of, for Senate, 88;
+    campaign of, for senatorship (1858), 89 _ff._;
+    on Buchanan Democrats, 90;
+    on prospects for 1860, 92; his relations with T., 93;
+    his debate with Douglas at Freeport, 94 _n._;
+    commends T.'s speech on John Brown raid, 100;
+    on Delahay's candidacy for Senate, 100, 101 _n._;
+    his status in 1860, 102;
+    a possible candidate for Republican nomination, 102 _ff._;
+    on the various candidates, 104, 105;
+    his radicalism, 105;
+    nominated, 106;
+    comments of Illinoisans on his candidacy, 106, 107;
+    on Republican prospects, 108;
+    his vote in Ill., 109;
+    and the ratification at Springfield, 109, 110;
+    on South Carolina's attitude, 110, 111;
+    opposed to compromise on extension of slavery, 111;
+    proposes resolutions on slavery, etc., 112;
+    on rumors of Buchanan's purpose to surrender forts, 112, 113;
+    his Cooper Institute speech, 115;
+    and the office-seekers, 139;
+    the making of his Cabinet, 139 _ff._;
+    and Seward, 139-141;
+    offers State Department to Seward, 141;
+    the Cameron affair, 142 _ff._;
+    his instructions against pre-convention contracts, 142;
+    Davis's influence over, 143 and _n._;
+    promises Cameron a portfolio, 144;
+    anti-Cameron appeal to, by McClure and T., 144, 145;
+    his reply to T., 145;
+    tries to buy Cameron off, 145, 146;
+    T.'s further remonstrance to, 146, 147;
+    and Judd, 148, 149;
+    interview with Koerner, 149, 150;
+    and the Harvey dispatch to Gov. Pickens, 155 _ff._;
+    makes Harvey Minister to Portugal, 155, 157, 158;
+    his previous consent to evacuate Sumter, to prevent secession of
+      Va., 158 _ff._;
+    his interviews with Baldwin and Botts, 159, 160, 161;
+    absurdity of Dabney's account, 162;
+    revokes Frémont's emancipation order, 169;
+    effect of his action, 169;
+    letters of Lea and T. on the crisis, 170-172;
+    T.'s view of his character, 171;
+    suppresses Cameron's pro-emancipation report, 172 and _n._;
+    revokes Hunter's order, 172;
+    proposes to veto T.'s Confiscation bill, 176;
+    his objections removed by resolution, 175, 176;
+    orders Wallace to desist from confiscation, 177;
+    and Cameron, 185;
+    nominates Cameron as minister to Russia, 186;
+    assumes responsibility in Cummings affair, 187;
+    authorizes Scott to suspend habeas corpus, 190;
+    his action approved, 191;
+    transfers authority to Stanton, 197;
+    proclaims martial law as to certain classes, 200;
+    issues Emancipation Proclamation, 200;
+    commutes Vallandigham's sentence to banishment, 204;
+    replies to protest of Northern Democrats, 205;
+    his only evasion, 205;
+    revokes Burnside's order suppressing Chicago _Times_, 207, 208;
+    criticized by N. Y. _Tribune_, 309 _n._;
+    and certain dispatches of Seward to Adams, 210 _ff._;
+    requested to demand Seward's resignation, 211;
+    his comment, 212;
+    and Delahay, 214;
+    Palmer on his prospect of renomination, 214, 215, 216;
+    first evidence of personal difference between T. and, 217, 218;
+    T.'s opinion of his administration, 218;
+    feeling in Congress adverse to his reëlection, 218, 219;
+    denounced by Wilson, 219;
+    basis of opposition to, 219; renominated, but fears defeat, 219;
+    requests Blair's resignation, and why, 220 and _n._;
+    T. favors his reëlection, 220, 221;
+    reëlected by favor of Union victories, 221;
+    and Halleck, 226; his death, 231;
+    European opinion of, 231;
+    his view of status of seceding states embodied in proclamation of
+      Dec. 8, 1863, 232;
+    letter of, to Gov. Hahn of La., 233;
+    his address of Apr. 11, 1865, on reconstruction, 234, 235;
+    his plan adopted by Johnson, 237;
+    had his life been spared, 286;
+    his plan of reconstruction definitely abandoned, 291;
+    T.'s estimate of his character and career, 430; xxi, 65, 67, 240,
+      245, 246, 423.
+
+  Lincoln, Mary (Todd), 42, 46.
+
+  Lloyd, Henry D., 414, 417.
+
+  Lodge, H. C, Senator, _Daniel Webster_, xxii _n._, xxv _n._
+
+  Logan, John A., General and Senator, 75, 277, 304, 309, 339, 344, 363,
+      409.
+
+  Logan, Stephen T., 43, 44, 142, 220.
+
+  Louisiana, election in, under Lincoln's reconstruction order, 232;
+    Hahn chosen governor, 232, 233;
+    constitutional convention in, 233;
+    U. S. Senators chosen under new free constitution, 233;
+    resolutions recognizing new government of, defeated by Sumner, 233,
+      234;
+    contested election of 1872 in, 404, 405;
+    Senatorial investigation thereof, 405;
+    disputed returns from, in 1876, 408 _ff._
+
+  Louisiana purchase, Federalist opposition to, xxiii, xxiv.
+
+  Louisville _Courier-Journal_, interview with T. in, 369, 370; 372.
+
+  Lovejoy, Rev. Elijah P., murder of, described by T., 8-10;
+    its effect on Abolition movement, 10; xxxiii.
+
+  Lovejoy, Rev. Owen, Congressman, 43.
+
+  Lundy, Benjamin, xxxi.
+
+
+  McCardle, William H., arrest and imprisonment of, 327;
+    remanded on habeas corpus, 327;
+    appeals, 327;
+    T. appears against in Supreme Court, 327, 328;
+    his appeal dismissed, under Act of March, 1868, 329, 330;
+    T.'s connection with case of, criticized, 330, 331.
+
+  McClellan, George B., General, inaction of, 169; 171, 172, 219.
+
+  McClernand, John A., 10, 11, 427.
+
+  McClure, A. K., his _Lincoln and Men of War-Time_, quoted, 143;
+   opposes Cameron's appointment, 144; 374.
+
+  McClurg, Joseph, 352.
+
+  McCulloch, Hugh, Secretary of Treasury, opinion of, on question of
+      territorializing states, 290.
+
+  McDougall, James A., Senator, 166, 228, 285.
+
+  McDowell, Irwin, General, at first Bull Run, 165, 167.
+
+  McEnery, John, and the governorship of La., 404, 405.
+
+  McLean, John, Justice Sup. Ct., candidate for Republican nomination
+      (1860), 103;
+    shakes his fist in Buchanan's face, 122, 123; 69, 104, 105.
+
+  McLean, Mrs. John, 121.
+
+  McPike. H. G., quoted, 107, 118;
+    T.'s letter to, on Lincoln's reëlection, 218.
+
+  Madison, James, xxii _n._, xxxi.
+
+  Magruder, Allan B., 161, 162.
+
+  Magruder, Benj. D., Chief Justice of Ill., quoted, 21, 22.
+
+  Mails, irregularity of, in early 19th century, 7.
+
+  Malaria, Trumbull family afflicted by, 19.
+
+  Managers of impeachment, overmatched by defendant's counsel, 309;
+    their conduct of the trial, 312, 313;
+    bring pressure to bear on Senators, 313.
+
+  Mann, A., Jr., 140, 141.
+
+  Marble, Manton, quoted, 373.
+
+  Mason, James M., Senator, threatens dissolution of Union, 70, 71;
+    moves for committee of inquiry into John Brown raid, 98; 53, 116,
+      134, 349 and _n._
+
+  Massachusetts, slavery in, xxvii.
+
+  Massachusetts legislature, Anti-Embargo resolutions of, xxiv.
+
+  Mather, Rev. Richard, 2.
+
+  Matteson, Joel A., Governor, 43, 44, 46 and _n._, 60.
+
+  Matteson, O. B., 179.
+
+  Matthews, Stanley, Justice of Sup. Ct., 275, 372.
+
+  Maynard, Horace, Congressman, quoted, 293.
+
+  Medill, Joseph, quoted, on T.'s character and possible future, 424,
+      425.
+
+  Meigs, Montgomery C, Q.-M. Gen., 185.
+
+  Merryman, John, summary arrest of, 194-196.
+
+  Methodist Church, the, and the impeachment trial, 317.
+
+  Miles, Nelson A., General, 167.
+
+  Military commission, trial of civilians by, divided opinion of Supreme
+      Court on, in Milligan case, 289.
+
+  Miller, Samuel F., Justice Sup. Ct., 275, 289, 409.
+
+  Milligan case, decided by majority of Supreme Court, 288, 289;
+    grounds of decision, 288, 289,
+      and its consequences, 289;
+    radicals angered by, 289, 290; 327.
+
+  Minnesota, proposed suffrage amendment to constitution of, repealed,
+      295.
+
+  Mississippi, order for reconstruction of, 238;
+    fails to adopt new constitution promptly, 295;
+    new conditions imposed on, 296.
+
+  Missouri, admission of, xxix, xxx,
+    during the war, 351;
+    continued political warfare in, after the war, 351;
+    state constitution of 1865, 351;
+    division in Republican party of, results in Schurz's election as
+      senator, 351, 352;
+    success of Liberal republican movement in, 352;
+    liberal movement in, how viewed by Grant, 355;
+    state convention of Liberal Republicans of, adopts platform and
+      calls national Convention, 372;
+    its platform defended by T., 376;
+    vote of, in Cincinnati convention, 383.
+
+  Missouri Compromise, history of, xxx;
+    repeal of, causes T.'s return to politics, 32;
+    not repealed by original Nebraska bill, 34;
+    Dixon amendment for repeal of, adopted by Douglas, 34;
+    repeal of, and Lincoln, 39;
+    meaning of "forever" in, 62, 63 _n._;
+    repeal of, 125, 126;
+    and the Crittenden Compromise, 131.
+
+  _Missouri Democrat_, the, 142, 352.
+
+  Missourians, and Kansas, 35;
+    invade Kansas, 49;
+    threaten Gov. Reeder, 50, 51;
+    Atchison's advice to, 52;
+    in Kansas, 56, 57, 58, 65.
+
+  Monroe, James, President, 103.
+
+  Moran, Thomas A., Judge, on T.'s public services, 419.
+
+  Morgan, Edwin D., Governor, 178, 261, 265, 314, 321.
+
+  Morrill, Justin S., Congressman, 168, 281.
+
+  Morrill, Lot N., Senator, 263.
+
+  Morrison, J. L. D., 41.
+
+  Morton, Oliver P., Senator, 298, 307 _n._, 339, 346, 355, 363, 371,
+      376, 405, 406 and _n._
+
+  Motley, J. Lothrop, minister to England, removed, 347, 348.
+
+  Moultrie, Fort, 129.
+
+  Murphy, Thomas, appointed collector of N. Y., 362, 363;
+    and the Leet and Stocking case, 365, 368; 371.
+
+
+  _Nation_, the, praises Johnson's first message, 244, 245;
+    quoted, on T. and the Georgia bill, 299, 300;
+    on Republican abuse of the "Seven traitors," 316, 317;
+    on conference of revenue reformers, 353, 354;
+    on Liberal Republican movement, 355, 356;
+    on Leet and Stocking case, 368, 369;
+    on opposition to Grant, 370, 371;
+    on Cooper Union meeting, 376, 377;
+    on Schurz's attitude toward Greeley, 392;
+    and the defeat of Greeley, 404; 273, 372.
+
+  National Union Convention of Johnson men, 285, 286, 323.
+
+  Nationalism, and the Constitution, xxvi, xxvii.
+
+  Nebraska, bill to organize territory of, reported by Douglas, 33, 34.
+    _And see_ Anti-Nebraska Democrats, and Kansas-Nebraska bill.
+
+  Negro suffrage, omitted from new constitution of La., 233;
+    Garrison opposes imposition of, in the South, 235;
+    Pres. Johnson opposed to, 236, 237;
+    vote of Johnson's Cabinet on, as applying to provisional
+      governments, 238;
+    not included in executive orders, 238, 239;
+    W. Phillips's views on, 239, 240,
+      traversed by N. Y. _Tribune_, 240,
+      and _Times_, 240, 241;
+    in Northern States in 1866, 243;
+    question of, not acute in early 1866, 261;
+    Howard argues against, 287;
+    made a permanent condition of reconstruction, 292 and _n._;
+    Northern opinion concerning, 293;
+    in Republican convention of 1868, 332, 333;
+    finally embodied in 15th Amendment, 338-340.
+
+  Negroes, T. appears for in attempts to regain freedom, 28 _ff._;
+    right of, to bring actions in U. S. courts, 64;
+    condition of, in South, under reconstruction, 241-243;
+    status of, in Northern states, in 1866, 243;
+    debate on granting civil rights to, 265 _ff._
+
+  Nelson, Samuel, Justice Sup. Ct, 289.
+
+  Nelson, Thomas A.R., of counsel for Johnson, 309.
+
+  Nesmith, James W., Senator, 261, 285.
+
+  New England, why opposed to Louisiana Purchase, xxiii, xxiv.
+
+  New England Emigrant Aid Co., attacked by Douglas, 35;
+    blamed by Pierce and Douglas for disorders in Kansas, 26 _ff._;
+    defended by T., 58, 59.
+
+  New Jersey, opposed to Seward, 103;
+    legislature of, elects Stockton Senator, 262;
+    validity of his election challenged, 262-265.
+
+  New York, "compromisers" from, 122;
+    and the 15th Amendment, 340;
+    majority against Greeley in, 402.
+
+  New York _Evening Post_, quoted, on exclusion of negroes from
+      suffrage, 239;
+    on the impeachment trial, 314, 315; 91, 372, 375.
+
+  New York Free Trade League, 353.
+
+  New York _Herald_, quoted, on Cincinnati convention, 390; 50, 378.
+
+  New York Republicans oppose Seward's inclusion in Lincoln's Cabinet,
+      139 _ff._;
+    T.'s Interview with, 140, 141.
+
+  New York _Times_, quoted, on T.'s debate with Douglas, 66;
+    on Seward's dispatch to Adams, 211;
+    on Johnson's first message, 244.
+
+  New York _Tribune_, quoted, in T.'s debate with Douglas, 66;
+    praises Douglas, 87;
+    and the Vallandigham case, 205, 206, 209 _n._;
+    on Lincoln's revocation of order suppressing Chicago _Times_, 209
+      _n._;
+    defends Johnson against Phillips, 240; 91, 92, 239, 314, 315, 372.
+
+  New York _World_, circulation of, in Burnside's department, forbidden
+      by him, 206; 373.
+
+  Newman, Professor, 235.
+
+  Nicholson letter, on squatter sovereignty, 94.
+
+  Nicolay, John G., quoted, 75.
+
+  Nicolay (John G.) and Hay (John), _Abraham Lincoln_, on Lincoln's
+      offer to evacuate Sumter, 159;
+    on Cameron's leaving the Cabinet, 185, 186;
+    quoted, 143, 162, 220.
+
+  Niles, Nathaniel, 30.
+
+  North, the, took up arms to preserve the Union, xxi, xxii;
+    slavery in, xxviii.
+
+  North Carolina, attempt at reconstruction in, 238;
+    qualifications of electors in, 238;
+    election of August, 1872, in, 399, 400.
+
+  Northern States, negro suffrage in, 243.
+
+  Northern view of reconstruction, 293.
+
+  Northwest, the, its claim to consideration, 132, 133.
+
+  Northwestern Territory, slavery in, before
+    1787, 23, 24;
+    provisions of Ordinance of 1787, concerning slavery in, 24;
+    main source of immigration to, 24.
+
+  Norton, Daniel S., Senator, his vote against impeachment, 323; 261,
+      285, 313.
+
+  Nourse, George A., 68.
+
+  Noyes, William C., 140, 141.
+
+  Nullification, in South Carolina, xxv, xxvi;
+    in Mass. (1885), xxvi.
+
+  Nye, James W., Senator, 360.
+
+
+  O'Conor, Charles, nominated for Pres. by dissentient Democrats (1872),
+      but declines, 394.
+
+  Ogden, William B., 207.
+
+  Oglesby, Richard J., General, succeeds T. in Senate, 407; 277.
+
+  Ohio, in convention of 1860, 107;
+    proposed suffrage amendment to constitution of, rejected, 295;
+    and the 15th Amendment, 340;
+    and the call for a Liberal Republican convention, 372;
+    election of Oct., 1872, in, 402.
+
+  "Old Public Functionary" (Buchanan), 122.
+
+  Opdycke, George, 147, 178.
+
+  Ord, Edward O. C., General, orders arrest of McCardle, 327.
+
+  Ordinance of 1787, provisions of, concerning slavery, 24;
+    violated by territorial legislature of Ill., 24, 25;
+    attempts to repeal 6th article of, 25;
+    kept slavery out of Ill., 28.;
+    and the 13th Amendment, 224.
+
+  Osgood, Uri (Illinois senate), 41, 42, 43.
+
+  Otis, Harrison G., Mayor of Boston, and the _Liberator_, xxxii.
+
+  Owen, Robert Dale, principal author of 14th Amendment, 282.
+
+
+  Palmer, John M., General, on Republican alliance with Douglas, 87, 88;
+    on Lincoln's prospect of renomination, 214, 215, 216;
+    on Grant's character and future, 216;
+    on Liberal Republican movement, 377; 21, 41, 43, 45, 46 _n._, 93,
+      109, 277, 373, 419.
+
+  Parker, Rev. Theodore, 78.
+
+  Parks, Sam C., quoted, 46 _n._, 75, 119.
+
+  Particularism, and the Constitution, xxvi.
+
+  Patterson, James W., Senator, 343, 362, 363, 364, 367, 371.
+
+  Payne, conspirator, 289.
+
+  Pearce, James A., Senator, 194.
+
+  Peck, Ebenezer, quoted, 74, 80, 119, 147, 148; 13, 87, 150, 427, 431.
+
+  Peck, Rev. John M., 27, 28.
+
+  Peirpoint, Francis M., recognized as Governor of Va., under
+      reconstruction, 237; 161.
+
+  Pendleton, George H., Congressman, and the "Greenback" movement, 324.
+
+  Pennsylvania, opposed to Seward, 103;
+    in convention of 1860, 106, 107;
+    in Liberal Republican movement, 374;
+    election of Oct. 1872, in, 402.
+
+  People's party, issues T's speech at Chicago as campaign document,
+       415;
+    T. draws resolutions for meeting of, 415-417.
+
+  Philadelphia, National Union Convention at, 285, 286.
+
+  Phillips, D. L., quoted, 75, 89; 213.
+
+  Phillips, Wendell, opposes reëlection of Lincoln, 220;
+    savagely attacks Johnson, 239, 240;
+    reproved by N. Y. _Tribune_, 240,
+      and _Times_, 240, 241; 388.
+
+  Piatt, Donn, _Memories of Men who saved the Union_, quoted, 222.
+
+  Pickens, Francis W., Governor, 121, 155, 156, 157, 158.
+    _And see_ Harvey.
+
+  Pierce, Edward L., _Life of Sumner_, quoted, 292 _n._, 347 _n._; 66.
+
+  Pierce, Franklin, President, makes Reeder Governor of Kansas, 49;
+    removes Reeder and appoints Shannon, 55;
+    his special message on Kansas affairs, 55; xxi, 37, 52, 54, 65, 73,
+      83, 246.
+
+  Poland, Luke D., Senator, 262, 304.
+
+  Pomeroy, Samuel C., Senator, 202, 203.
+
+  Poore, Ben: Perley, 342.
+
+  "Popular sovereignty," 39.
+
+  Porter, Horace, General, 366.
+
+  Postage in early 19th century, 7, 20.
+
+  Pottawatomie massacre, the, 97.
+
+  Powell, Lazarus W., Senator, opposes habeas corpus suspension bill,
+      198, 199, 200, 201, 202; 116.
+
+  Protection, meaning of, in 1871, 354.
+
+  Pullman Co., strike of employees of, 413-415.
+
+
+  Randall, Alexander W., Postmaster General, 285.
+
+  Randall, J. G., 174 and _n._
+
+  Randolph, John, of Roanoke, and article 6 of Ordinance of 1787, 25;
+      xxxi.
+
+  Raum, Green B., quoted, 67 and _n._
+
+  Rawlins, John A., General, appointed Secretary of War, 337; 330.
+
+  Ray, C. H., quoted, 74, 75, 87, 148, 243, 261; 79, 80, 151.
+
+  Ray, P. Ormon, Repeal of the Missouri Compromise, 37 _n._
+
+  Raymond, Henry J., Congressman, 272.
+
+  Read, John M., 108.
+
+  Reconstruction, Lincoln's plan of, set forth in proclamation of
+      Dec. 8, 1863, 232;
+    the La. attempt at, 233, 234;
+    Lincoln's address on, Apr. 11, 1865, 235;
+    his plan endorsed by Garrison, 235, 236,
+      and adopted by Johnson, 237;
+    in Va., 237;
+    in Tenn., 237, 238;
+    in Ark., 238;
+    in No. Carolina, and other seceding states, 238;
+    Shaffer and Ray on conditions in those States under, 242, 243;
+    the _Nation_ on Johnson's plan of, 244, 245;
+    Lincoln's plan of, definitely abandoned, 291;
+    supplementary measure of, passed by Congress, vetoed, and passed
+      over veto, 294;
+    drastic provisions of, 294;
+    further measures of, passed over vetoes, 295;
+    a failure, 341;
+    change in T.'s course on, 423, 424.
+
+  Reconstruction, House Committee on, inquires into suspension of
+      Stanton, 306;
+    refuses to recommend impeachment, 308.
+
+  Reconstruction, Joint Committee on, members of, 281;
+    amendment to Constitution proposed to, by Bingham and Stevens, 282;
+    reports 14th Amendment, 283, 284.
+
+  Reconstruction bill (Stevens's) establishing military government in
+      South, 291, 292;
+    amended by provision for negro suffrage, 292;
+    passed by Congress, vetoed, and passed over veto, 293, 294.
+
+  Reeder, Andrew H., appointed Governor of Kansas, 49;
+    confirms elections of Whitfield as Delegate to Congress, 49, 50;
+    and the Missourian invaders, 50, 51, 53, 54;
+    removed by Pierce, 55; 56, 59, 63, 108, 150.
+
+  Religion, T.'s views on, 430, 431.
+
+  Republican National Convention (_1856_), 69;
+    (_1860_), nominates Lincoln, 105, 106;
+    (_1868_) on negro suffrage, 332, 333;
+    its negro-suffrage plank too brazen to be long maintained, 338;
+    (_1872_), nominates Grant and Wilson, 393;
+    platform of, 394.
+
+  Republican party, first national convention of, 69, 70;
+    rumored alliance of Douglas with, 78-80;
+    still inchoate in 1860, 102;
+    candidate for presidential nomination of, in 1860, 102 _ff._;
+    T.'s views concerning, 103, 104;
+    T.'s view of duty of, in 1861, 113, 114;
+    T.'s position in, in campaign of 1866, 273;
+    control of, shifted to radical wing by veto of Civil Rights bill,
+      277;
+    power of that wing of, increased by refusal of South to ratify 14th
+      Amendment, 287;
+    lead of, in Congress, assumed by Sumner and Stevens, 291;
+    definitely abandons Lincoln's plan of reconstruction, 291;
+    generally adopts Sumner's view of impeachment, 312;
+    treatment of "traitor" Senators by, 322-326;
+    Henderson alone forgiven, 326;
+    corruption in, in 1870, 341 _ff._;
+    division in, in Mo., 351 _ff._;
+    both sections of, in Mo., adopt "Anti-tariff" resolution, 352;
+    defeated in Congressional elections of 1874, 408;
+    T.'s separation from, 420.
+
+  Republicans of the first period, xxiii.
+
+  Republicans, Eastern, favor Douglas's re-election to Senate, 86;
+    and the Lincoln-Douglas campaign, 91, 92;
+    in Ill., distrust Douglas, 86,
+      and prefer Lincoln for Senator, 86;
+    those opposed to Lincoln, nominate Frémont and Cochrane (1864), 219,
+      220.
+
+  Retrenchment, Joint Committee on, report of, 362, 363;
+    and the Leet and Stocking case, 364 _ff._
+
+  Revenue reform, an element in Liberal Republican movement, 352, 353;
+    conference of advocates of, 353, 354;
+    in the Cincinnati convention, 381, 382.
+
+  Reynolds, John, Governor, and the pro-slavery attempt to amend the
+      constitution of Ill., 26;
+    quoted, 28; 6 _n._, 11, 38.
+
+  Rhode Island, opposed to Seward, 103.
+
+  Rhodes, James F., _History of the U. S._, quoted on "anti-impeachment"
+      Senators, 322;
+    on La. returning board, 408;
+    cited, 406 _n._
+
+  Richardson, William A., Senator, 10, 197, 201, 427.
+
+  Riddle, A. G., _Recollections of War-Time_, quoted, 228 _n._; 219.
+
+  Robbins, Henry S., T.'s partner, 407;
+    quoted, on T.'s character, 425.
+
+  Robertson, Thomas J., 359.
+
+  Robeson, George M., appointed Secretary of the Navy, 337;
+    action in the Secor case, 396, 397, 398.
+
+  Ross, Edmund G., Senator, immortalized by his vote against
+      impeachment, 322;
+    his later years, and death in poverty, 322; 299, 314, 317.
+
+  Russia, Cameron appointed Minister to, 186, 187-189.
+
+
+  San Domingo treaty, opposed by Sumner, 342, 343;
+    Wade commission, 343,
+      and its report, 386;
+    attempt to secure ratification of, 360.
+
+  Sands, Mahlon D., convokes conference of revenue reformers, 353.
+
+  Saulsbury, Willard, Senator, 201, 228, 249, 250, 267, 268, 272.
+
+  Scates, Walter B., Judge, quoted, 213; 21, 375.
+
+  Schenck, Robert C., Congressman, 165, 166, 167.
+
+  Schurz, Carl, Senator, report of, in his Southern tour, 253-255;
+    his report has great influence, 254;
+    his later doubts as to his conclusions, 254 _n._;
+    succeeds Henderson in Senate, 351, 352;
+    a leader in Liberal Republican movement, 352;
+    opposes Ku-Klux-Klan bill, 356, 358;
+    his speech a masterpiece, 358;
+    on Leet and Stocking case, 365, 366;
+    chairman of Cincinnati Convention, 383;
+    his view of nomination, 384, 385;
+    how connected with course of Blair and Brown, 385 and _n._; his
+      attitude toward Greeley's candidacy, 391, 392;
+    urges him to decline, 391;
+    Godkin and Godwin remonstrate with, 392, 393;
+    in the campaign, 399;
+    Greeley's farewell letter to, 403; 107, 189, 343, 344, 353, 359,
+      363, 369, 371, 373, 377, 378, 389, 402.
+
+  Scott, Dred, not consciously a party to suit brought in his name, 82,
+      83.
+    _And see_ Dred Scott case.
+
+  Scott, Thomas A., censured by House Committee, 184, 185; 172 _n._,
+      186.
+
+  Scott, Winfield, General, has authority from Lincoln to suspend habeas
+      corpus, 190; 121, 122, 128, 171.
+
+  Scripps, John L., 87.
+
+  Secession movement, history of, 125 _ff._
+
+  Secors, the, and the Navy Dep't, 397, 398.
+
+  Senate of U. S., debates Kansas-Nebraska bill, 34,
+      and passes it, 37; T. takes his seat in, 48;
+    debates on affairs in Kansas in, 55 _ff._, 63, 64, 65, 76 _ff._, 81,
+      82, 83;
+    passes Lecompton bill, 83,
+      and substituted English bill, 84;
+    debate on popular sovereignty in, 94;
+    debate on Davis's anti-Douglas resolutions in, 95, 96,
+      and on John Brown raid, 98-100;
+    J. Davis's last speeches in, 110, 114, 115;
+    debates Crittenden Compromise, 115-117,
+       and rejects it, 117;
+    passes proposed amendment to constitution forbidding interference
+      with slavery, 117;
+    Douglas's death announced to, by T., 152, 153;
+    struggle in, over confirmation of Cameron as Minister to Russia,
+      187-189;
+    debate in, on arbitrary arrests, 190 _ff._;
+    passes bill concerning political prisoners, 197;
+    debates habeas corpus suspension bill, 198 _ff._;
+    Democratic filibuster thereon, 200-203;
+    debates 13th Amendment, 223 _ff._;
+    debates Louisiana bill, 233, 234;
+    Sumner's attack on Johnson in, 246, 247;
+    debate on Wilson bill in, 247-250;
+    calls for Schurz's report on Southern affairs, 253;
+    debates Freedmen's Bureau bill, 258-260,
+      but fails to pass it over veto, 261;
+    Stockton election contest in, 261-265;
+    debates Civil Rights bill, 265-270,
+      and passes it over veto, 272;
+    passes 14th Amendment, 283;
+    passes bill admitting Texas, 284;
+    amendment looking to negro suffrage offered in, 287;
+    adopts Sumner's negro-suffrage amendment to Reconstruction bill,
+      292, and passes bill over veto, 293, 294;
+    pass bills readmitting divers States, 296, 297;
+    debates Georgia bill, 298, 299;
+    debates Tenure-of-Office bill, 301, 302,
+    and passes it over veto, 303;
+    non-concurs in removal of Stanton, 305, 306;
+    trial of Johnson impeachment in, 309-314, 318-320;
+    acquits him on three counts, 320, 321;
+    debate on T.'s connection with McCardle case, 331, 332;
+    debates and passes 15th Amendment, 338-340;
+    debate in, on ousting Sumner from Foreign Affairs Committee, 343
+      _ff._;
+    debates Ku-Klux-Klan bill, 356-358,
+      and Amnesty bill, 359, 360,
+      and Hodge resolution, 362-364;
+    orders inquiry into Leet and Stocking scandal, 365, 366;
+    discusses make-up of committee, 366, 367;
+    T.'s speech on Mo. convention of 1872, 376;
+    Sumner's anti-Grant speech in, 387, 388;
+    orders investigation of La. election, 405;
+    T.'s last speech in, 405.
+
+  Seward, William H., speech of, on Kansas affairs, 64;
+    the "logical candidate" in 1860, 102;
+    opposition to nomination of, 102, 103;
+    too radical for some states, 103;
+    T. and Lincoln on candidacy of, 103, 104, 105;
+    his inclusion in Cabinet opposed, 139 _ff._;
+    State Dep't. offered to, 141;
+      and Cameron's appointment, 143;
+      and the Harvey despatch to Gov. Pickens, 155 _ff._;
+      and Harvey's appointment to Portugal, 155, 157;
+    his assurance to Confederate envoys as to evacuation of Sumter, 156;
+    his purpose, to defeat relief of Sumter, 157;
+    had induced Lincoln to agree to evacuation to prevent secession of
+      Va., 158;
+    sends Magruder to Va. convention, 161;
+      and Douglas, in April, 1861, 163, 164;
+    his aims patriotic but futile, 164;
+    assumes power to order arbitrary arrests, 190 _ff._;
+    his dispatches of Apr. 1861, and July, 1862, to Adams, 210 _ff._;
+    his attitude toward Lincoln's war policy, 210;
+    unjustly blamed for non-success of Union arms, 210, 211, 212;
+    committee of Republican Senators urge Lincoln to demand his
+      resignation, 211;
+    Lincoln's comment thereon, 212;
+    on real date of emancipation, 222;
+    his construction of 13th Amendment confirmed by Supreme Court, 229;
+    on Johnson as a speaker, 246;
+    opinion of, on matter of territorializing States, 290;
+    prepares Johnson's veto message of Tenure-of-Office bill, 303; 48,
+      79, 82, 84, 86, 88, 106, 107, 108, 112, 116, 118, 119, 145, 146,
+      147, 150, 151, 170, 172, 181 _n._, 182, 197, 238, 307, 430.
+
+  Seymour, Horatio, elected Governor of N. Y., 197;
+    Democratic nominee for Pres. (1868), 333; 355.
+
+  Shaffer, J. W., quoted, on conditions in seceding states, 242, 243.
+
+  Shannon, Wilson, succeeds Reeder as Governor of Kansas Terr., 55.
+
+  Sheahan, James W., 79.
+
+  Sheridan, P. H., General, 221.
+
+  Sherman, John, Senator, on Tenure-of-Office bill, 301, 302, 303;
+    his view of impeachment, 309, 310;
+    and evidence of Johnson's intent, 313;
+    on Sumner and the Foreign Affairs Committee, 344, 345;
+    on Caucus secrets, 345, 346; 102, 248, 249, 292, 316, 320, 363, 371,
+      409.
+
+  Sherman, William T., General, quoted, on conditions in La. (1859),
+      xxxv, 165, 166, 221, 257, 308.
+
+  Shields, James, Senator, 39, 43.
+
+  Shiloh, battle of, 334.
+
+  Simpson, Matthew, Methodist bishop, and the impeachment trial, 317,
+      320.
+
+  Slave trade, extension of, deemed a vital necessity in the South,
+      xxxiv.
+
+  Slavery, how involved in the War, xxi, xxii;
+    history of, in the U. S., xxvii _ff._;
+    change in Southern view of, xxxii, xxxiii;
+    in Ill., early history of, 23 _ff._;
+    provisions of Ordinance of 1787 concerning, violated by legislature,
+      25;
+    prohibited by State Constitution, 25;
+    attempts to perpetuate in Ill., 28-30;
+    and the Kansas-Nebraska bill, 34 _ff._;
+    in Lecompton Constitution, 72, 76;
+    Douglas's attitude toward, 78, 86;
+    in territories, doctrine of Squatter Sovereignty, 94 and _n._, 95;
+    resolutions concerning, proposed by Lincoln, 112;
+    proposed Amendment to Constitution forbidding interference with,
+      passes both Houses, 117;
+    T.'s review of question of, 124 _ff._;
+    T.'s view of effect of 13th Amendment on, 249, 250, 251, 258, 259,
+      260.
+    _And see_ Constitution (Amendment XIII), and Squatter Sovereignty.
+
+  Slaves, premature attempts to emancipate, by Frémont, 169, 170,
+      Cameron, 172,
+      Hunter, 172;
+    T.'s confiscation bill, 173 _ff._,
+      the first step toward full emancipation, 176.
+
+  Slidell, John, 80, 349, and _n._
+
+  Smith, Caleb, Secretary of the Interior, 142, 148, 149, 151, 429.
+
+  South, the, and the right of Secession, xxx;
+    and the Missouri Compromise, xxx;
+    condition of, in second quarter of 19th century, xxxii, xxxiii;
+    changing view of slavery in, xxxii,
+      and of the slave trade, xxxiv.
+
+  South Carolina, and Nullification, xxv, xxvi;
+    attitude of, in 1861, 110;
+    forts in, Lincoln's attitude concerning, 112, 113;
+    and the 13th Amendment, 229;
+    disputed returns from (1876), 408.
+
+  Southern States. _See_ States seceding.
+
+  Spaulding, Rufus P., Congressman, moves for inquiry into suspension of
+      Stanton, 306; 304.
+
+  Spencer, Charles S., threatens T. for his attitude on impeachment,
+      315.
+
+  Spoils system, T. on iniquities of, 349.
+
+  Springfield (Ill.) _Journal_, 142.
+
+  Springfield (Mass.) _Republican_, 372.
+
+  _Squatter Sovereign_, the, quoted, 51.
+
+  Squatter Sovereignty, doctrine of, reaffirmed by Douglas, 94;
+    denied by Jefferson Davis, 94.
+
+  Stallo, J. G., 373.
+
+  Stanbery, Henry, Attorney-General, opinion of, on question of
+      territorializing states, 290, 291;
+    of counsel for Johnson, 309; 327.
+
+  Stanton, Edwin M., Secretary of War, and arbitrary arrests, 197;
+    general jail delivery by, 198;
+    opinion of, on question of territorializing states, 290, 291;
+    and the Cabinet section of Tenure-of-Office bill, 302;
+    advises veto, and assists Seward in preparing veto message, 303;
+    declines to resign as Secretary of War, 305;
+    suspended, 305;
+    denies power of Pres. to suspend him, 305;
+    surrenders office to Grant, 305;
+    resumes office, after Senate's action, 306;
+    his embarrassing position, 308;
+    Johnson attempts to remove, 308;
+    refuses to turn over office to Thomas, 308;
+    change in popular feeling concerning, 308, 309;
+    attempted removal of, basis of first 8 articles of impeachment, 309,
+      310;
+    claims to be protected by Tenure-of-Office Act, 310;
+    evidence of his advice to Johnson as to that act, excluded, 313;
+    articles based on removal of, not voted on, 320;
+    relinquishes office, 321;
+    his conduct condemned, 321; 177, 186, 189, 237, 318, 319, 330, 430.
+
+  Stanton, F. P., acting Governor of Kansas, removed by Buchanan, 73.
+
+  _State Register_, the, 13, 14.
+
+  State sovereignty, xxii, xxv.
+
+  States, admitted in pairs, xxix.
+
+  States, seceding, opposing views as to status of, 231, 232;
+    Sumner and Stevens against Lincoln, 231, 232;
+    reconstruction of, mapped out before 39th Congress met, 237, 238;
+    witches' caldron in, under reconstruction, 241;
+    labor problem in, 241, 242;
+    new labor laws of, 242,
+      and their effect in the North, 242;
+    Shaffer quoted on conditions in, 242, 243;
+    reports of Grant and Schurz on conditions in, 252-254;
+    Committee on Reconstruction on status of, 284;
+    Stevens reports bill to restore political rights of, 284, 285;
+    except Tenn., refuse to ratify 14th Amendment, 287;
+    cause and consequence of their refusal, 287;
+    Stevens's bill to make military authority supreme in, 291, 292;
+    constitutions adopted by, in 1868, 295, 296.
+
+  Stephens, Alex. H., on Johnson's speech against secession, 246.
+
+  Stetson, Francis L., letter of, to author, 40 _n._
+
+  Stevens, Simon, 184.
+
+  Stevens, Thaddeus, his bill of indemnity for arbitrary arrests, 198;
+    his views of status of seceding states, 231;
+    on Reconstruction Committee, 271;
+    proposes amendments to Constitution, 282;
+    reports bill to restore political rights of states, 284;
+    his bill making military authority supreme in the South, 291, 292;
+    author of 11th article of impeachment, 311; 184, 260, 278, 287, 304,
+      306, 308, 309.
+
+  Stewart, Alex. T., nominated by Grant as Secretary of Treasury, 335,
+      and why, 335, 336;
+    ineligible, 336;
+    on the "general order" system, 365.
+
+  Stewart, William M., Senator, 261, 262, 264, 265, 298, 339, 366.
+
+  Stockton, John P., elected Senator from N. J., 261, 262;
+    his election contested, 262-265;
+    unseated for partisan reasons, 265.
+
+  Storey, Wilbur F., and the Chicago _Times_, 206-208.
+
+  Stoughton, E. W., 411.
+
+  Stringfellow, J. H., quoted, 54.
+
+  Strong, Moses M., 208.
+
+  Stuart, John T., 32.
+
+  Sturtevant, J. M., quoted, 118.
+
+  Suffrage, in seceding states, restriction of, 294.
+
+  Summers, George W., 158, 159, 161, 162.
+
+  Sumner, Charles, his speech on Kansas affairs, 64;
+    Brooks's assault on, 65;
+    quoted, in T.'s debate with Douglas, 66;
+    and Cameron, 188, 189;
+    his view of status of seceding states, 231;
+    opposes recognition of new state government of La., 233,
+      and defeats it, 234;
+    attacks Johnson, 246, 247;
+    and the 14th Amendment, 283;
+    secures adoption of negro suffrage as permanent element of
+      reconstruction, 292 and _n._;
+    Northern views concerning, 293;
+    dispute with T. on Va. bill, 297;
+    T. opposes ousting of, from Foreign affairs Committee, 297, 344,
+      420;
+    his theory of impeachment, 312;
+    and Stanton, 321;
+    and the San Domingo treaty, 342;
+    charged with bad faith by Grant, 342, 343;
+    deposed as Chairman of Foreign affairs committee, 343-347;
+    Sherman's advice to, 345;
+    interview of author with, 347;
+    on attitude of Anthony, 347;
+    Motley's removal a blow at, 347;
+    moves his Equal Rights bill as amendment to Amnesty bill, 360;
+    and Grant's administration, 361;
+    his speech against Grant, 387, 388;
+    his attitude toward Greeley's nomination, 388;
+    chastised by Garrison, 388; 79, 102, 211, 228 _n._, 236, 260, 264,
+      278, 285, 287, 291, 298, 313, 363, 366, 367, 370, 371, 378, 385
+      _n._, 423, 424.
+
+  Sumter, Fort, J. Davis's views concerning, 110;
+    Buchanan's reported purpose to surrender, 112, 113;
+    effect on Douglas of attack on, 115;
+    Harvey divulges plans to send supplies to, 155_ ff._;
+    Seward determined to prevent relief of, 156, 157;
+    Lincoln's earlier promise to evacuate, 158 _ff._;
+    attack on, aroused forces that finally destroyed slavery, 164;
+    attack on, and emancipation, 222; 128, 129.
+
+  Sunderland, Rev. Byron, 121.
+
+  Supreme Court of U. S., and the second clause of 13th Amendment, 229;
+    construes 13th, 14th and 15th Amendments, in U. S. _v._ Harris, 275,
+      276, 358;
+    holds Ku-Klux Act unconstitutional, 275;
+    holds Equal Rights Act (1875) unconstitutional, 275, 276;
+      and the Civil Rights Act, 277;
+    divided decision of, in Milligan Case, 288, 289;
+    proposed legislation concerning, 328;
+    its jurisdiction as affected by Act of Mch. 27, 1868, 329, 330;
+    dismisses McCardle's appeal, 330;
+      and the Debs case, 414.
+
+  Surratt, Mary E., 289.
+
+  Swayne, Noah H., Justice Sup. Ct., 274, 289, 409.
+
+  Swett, Leonard, quoted, 428, 429; 69, 144.
+
+
+  Talcott, Wait, quoted, 118.
+
+  Tallmadge, James, Congressman, and the admission of Missouri, xxix,
+      xxx.
+
+  Tallmadge, N. P., 48.
+
+  Taney, Roger A., Chief Justice Sup. Ct., on the power to suspend
+      habeas corpus, 195, 196.
+
+  Tarr, Campbell, 161.
+
+  Taylor, John, of Caroline, xxii, _n._
+
+  Ten Eyck, John C., Senator, 262.
+
+  Tennessee, loyal state government in, recognized by Johnson, 237;
+    bill for readmission of, 285.
+
+  Tenure-of-Office bill, purpose of, 301;
+    not at first intended to apply to cabinet officers, 301;
+    passes Congress, 301;
+    cabinet advises veto of, 301;
+    vetoed, and passed over veto, 303;
+    and the Stanton case, 306, 309;
+    unconstitutionality of, alleged by Johnson's counsel, 311, 313.
+
+  Territorializing states, opinions of Johnson's advisers on question
+      of, 290, 291.
+
+  Terry, Alfred H., General, and the legislature of Va., 247.
+
+  Texas, opposition in Mass. & admission of, xxvi;
+    order for reconstruction of, 238;
+    fails to adopt new constitution promptly, 295;
+    new conditions imposed on, 296.
+
+  Thayer,Eli, 50.
+
+  Thomas, Jesse B., Senator, Author of Missouri Compromise, xxx.
+
+  Thomas, Lorenzo, appointed Secretary of War _ad interim_, 308;
+    Stanton refuses to give way to, 308;
+    his appointment the basis of certain articles of impeachment, 309,
+      310, 320, 321; 318, 319.
+
+  Thomas, Morris St. P., quoted, 21 _n._, 421.
+
+  Thomas, William B., 374.
+
+  Thompson, Jacob, Secretary of Interior, and the Lecompton
+      Constitution, 73.
+
+  Thompson, John B., quoted, 36.
+
+  Thurman, Allen G., Senator, 367.
+
+  Tilden, Samuel J., and the Election of 1876, 406, 407 _ff._;
+    T. of counsel for, in La. case, 409, 410;
+    Electoral Commission decides adversely to, 411;
+    legally elected, 411.
+
+  Tillson, John, quoted, 107.
+
+  Tipton, Thomas W., Senator, 300, 343, 344, 345, 346, 363, 371.
+
+  Tompkins, D. D., 179.
+
+  Toombs, Robert, Senator, 58, 83, 121.
+
+  Topeka Constitution, condemned by Buchanan and upheld by T., 76, 77.
+
+  Toucey, Isaac, 130.
+
+  Traveling in U. S., in 1847, 20.
+
+  Treat, Samuel H., Justice, 13, 20.
+
+  Truman, Benj. C, quoted, 245 _n._; 307 _n._
+
+  Trumbull, Julia (Jayne), T.'s first wife, letters of, to Walter T.,
+      121-123;
+    T.'s letters to, on Harvey dispatch, 15, 157, 158,
+      and on first battle of Bull Run, 165-167;
+    her personality, 169;
+    her death, 326.
+
+  TRUMBULL, LYMAN, birth (1813) and ancestry, 1-3;
+      education, 3;
+      school-teaching in Georgia, 4, 5;
+      reads law there, 5;
+      goes to Illinois (1837), and settles at Belleville, 5, 6;
+      practices law, 7 _ff._;
+      describes murder of Lovejoy, 8-10;
+      his early attitude toward slavery, 10;
+      in State legislature, 10;
+      his qualities as a debater, 10;
+      appointed Secretary of State, 11;
+      his resignation requested by Gov. Carlin, and why? 12 and _n._,
+        13;
+      his resignation splits the Democratic party, 13, 14;
+      resumes practice, 14;
+      marries Julia M. Jayne, 15;
+      describes river floods, and murder of Joseph Smith, 16;
+      family affairs, 16, 17, 19, 20;
+      candidate for Democratic nomination for governor, 18;
+      defeated by Ford's influence, 18;
+      nominated for Congress, and defeated (1846), 18, 19;
+      his professional earnings, 20;
+      elected Judge of Ill. Supreme Court (1848), 20;
+      removed to Alton, 21;
+      reëlected judge (1852), but resigns (1853), 21;
+      Chief Justice Magruder on his judicial opinions, 21, 22.
+    Engaged as counsel for negroes, claiming their freedom, 28;
+      case of Sarah Borders, 28, 29;
+      in Jarrot _v._ Jarrot, wins a victory which practically puts an
+        end to slavery in Ill., 29;
+      N. D. Harris quoted on his efforts, 30, 31;
+      his return to politics due to repeal of Missouri Compromise, 32;
+      takes stump in opposition to Kansas-Nebraska bill, 37, 38;
+      Anti-Nebraska candidate for Congress in 8th district, 38,
+        and elected, 38;
+      in Senatorial election of 1854, receives votes of Anti-Nebraska
+        Democrats on early ballots, 43, 44;
+      elected by votes of Lincoln men, to defeat Gov. Matteson, 44, 45,
+        46 _n._;
+      regarded as a traitor by regular Democrats, 45;
+      Lincoln's attitude toward his election, 45, 46.
+    Takes his seat in Senate, 48;
+      protest against his election overruled, 48, 49;
+      letter from J. C. Underwood to, on Kansas affairs, 52, 53;
+      and from I. T. Dement, 53;
+      his speech on report of Committee on Territories endorsing
+        Pres. Pierce's view of Kansas affairs, 56 _ff._;
+      exposes Douglas's sophisms, 57, 58;
+      a welcome reinforcement to Republicans in Senate, 567;
+      Douglas declares him not a Democrat, 59;
+      his answer to Douglas's tirade against him, 60, 61;
+      Douglas's reply, 61, 62;
+      his construction of "forever" in the Missouri Compromise, 62, 63;
+      further debate with Douglas on Kansas, 63, 64;
+      effect of these debates on his reputation, 65;
+      his intellect and personality compared with Lincoln's, 65;
+      divers views of his first appearance in debate, quoted, 66, 67;
+      letter from G. B. Raum to, 67;
+      campaigns in Minnesota, 68;
+      attends Republican National Convention of 1856, 69;
+      colloquy with Mason, on destruction of the Union, 70;
+      letter of, to J. B. Turner, on conditions in 1857, 71;
+      divers reports to, on effect of Douglas's Anti-Lecompton stand,
+        74, 75;
+      demolishes Buchanan's message on Kansas affairs, 76, 77;
+      letters to, on possible alliance of Douglas with Republicans, 79,
+        80;
+      Democratic overtures to, 80, 81;
+      speaks on Buchanan's claim that slavery lawfully exists in Kansas,
+        81, 82;
+      letters to, from Lincoln and others, voicing Republican distrust
+        of Douglas in Ill., 87, 88,
+        and, generally, on the campaign of 1858, 90-92;
+      his cordial relations with Lincoln, 93;
+      takes part in debate on resolution for committee of inquiry into
+        John Brown's raid, 98-100;
+      his notable speech, 98, 99,
+        and Lincoln's praise thereof, 100;
+      letter from Lincoln on Delahay matter, 100, 101.
+
+    His view of candidates for Republican nomination in 1860, 103;
+      writes to Lincoln thereon, 103, 104;
+      thinks Seward cannot be elected, 104,
+        and believes McLean alone can beat him, 104;
+      Lincoln his first choice, 104;
+      Lincoln, in reply, avows his own ambition, and discusses other
+        candidates, 104, 105;
+      divers letters to, on Lincoln's nomination, 106-107;
+      post-nomination letters of Lincoln to, 108;
+      speaks for Lincoln at ratification meeting, 109, 110;
+      confidential letters of Lincoln to, against compromise, 111, 112,
+         and on Buchanan's reputed purpose to surrender So. Carolina
+           forts, 112;
+      his own views on compromise set forth in letter to E. C. Larned,
+        113, 114;
+      his speech on Crittenden Compromise (March 2, 1861), 115, 116, and
+        _n._, 123-138;
+      urged by constituents to stand firm, 117-119;
+      writes Gov. Yates, advising military preparations, 120;
+      declines to listen to "Compromisers" from N. Y., 122;
+      his troubles with office-seekers, 139;
+      in N. Y. meets remonstrants against Seward's inclusion in Cabinet,
+        and reports to Lincoln, 139, 140;
+      Lincoln's reply, 141;
+      Greeley's advice to, 141;
+      advises Lincoln not to appoint Cameron, 145, 146, 147;
+      is urged to use his influence to that end, 147, 148;
+      favors Judd for seat in Cabinet, 148, 149, 150;
+      reëlected senator (Jan. 1861), 152;
+      announces death of Douglas, 152;
+      his eulogy of Douglas, 153, 154;
+      the Harvey dispatch to Gov. Pickens, commented on in letter to
+        Mrs. T., 155,156.
+
+    Witnesses first battle of Bull Run, and describes it in letter to
+      Mrs. T., 165-167;
+      his reconstructed telegram, 168;
+      his first Confiscation Act passed by Congress, 168;
+      his physical aspect, etc., in 1861, 168;
+      his family, 169;
+      letter of M. C. Lea to, on financial affairs, 170,
+        and his reply, 171;
+      brings in his second Confiscation Act, 173;
+      his report thereon, 173;
+      history of the bill in Congress, 173-176;
+      speaks on War Dep't. frauds, 184;
+      leads opposition to confirmation of Cameron's nomination as
+        minister to Russia, 187;
+      votes against confirmation, 189;
+      introduces resolution of inquiry concerning arbitrary arrests in
+        loyal states, 191, 192;
+      his colloquy with Dixon of Conn., 192, 193;
+      his resolution shelved, 194;
+      reports from Judiciary Committee House bill on same subject, 197;
+      offers substitute for that bill, which is opposed by Democrats,
+        but finally passed, 198, 199;
+      offers substitute for Stevens's bill to indemnify Pres. for
+        arbitrary arrests, 199;
+      reports from conference his substitute combined with his
+        habeas corpus bill, 200;
+      his report concurred in, after Democratic filibuster, 201, 202;
+      his speech at meeting of protest against the order forbidding the
+        publication of Chicago _Times_, 207, 208, 209;
+      letter of Judge White to, regarding certain dispatches of Seward
+        to Adams, 210, 211,
+        and his reply, 211, 212;
+      one of committee to urge Lincoln to get rid of Seward, 211;
+      divers letters to, relating to the war, 212, 213, 215, 216, 217;
+      and Delahay's appointment to a judgeship, 213-214;
+      letters of J. M. Palmer to, concerning the election of 1864, 214,
+        216;
+      first evidence of personal difference between Lincoln and, 217,
+        218;
+      deems the government inefficient in putting down the rebellion,
+        218;
+      falsely accused of refusing to speak in favor of Lincoln's
+        reëlection, 220.
+
+    Reports to the Senate as a substitute for Henderson's proposed
+      Constitutional Amendment what later became the 13th Amendment,
+        224;
+      his speech thereon, 225-226;
+      his authorship thereof, his title to immortality, 230;
+      and the new Senators from La., 233;
+      reports resolution recognizing Hahn government of La., 233;
+      breaks temporarily with Sumner, 234;
+      letter of Shaffer to, on conditions in South, 242, 243,
+        and of Ray, on Reconstruction, 243;
+      his speech on postponement of Wilson bill invalidating certain
+        acts, etc., of seceding states, 248-251;
+      colloquy with Saulsbury, 250;
+      introduces Freedmen's Bureau and Civil Rights bills, 257;
+      speaks, in debate on the former, on construction of second clause
+        of 13th Amendment, 258-260;
+      colloquy with Henderson, 260;
+      letter from Ray, on negro suffrage, 261;
+      favors Stockton in N. J. election contest, 261 _ff._;
+      in debating his Amendment to Civil Rights bills, speaks again on
+        power of Congress to pass laws for ordinary administration of
+        justice in States, 265-267;
+      answered by Saulsbury, 267-268;
+      quotes Gaston as to citizenship of free negroes, 270;
+      his great speech in reply to Johnson's message vetoing Civil
+        Rights bill, 272;
+      the _Nation_, quoted, on his speech, 273;
+      his leading position in the campaign of 1866, 273;
+      opposed to Ku-Klux bill of 1871, 275, 356, 357, 358;
+      reëlected Senator (1866), 277;
+      sustains Johnson until veto of Civil Rights bill, 277, 278;
+      letter of Mrs. F. C. Gary to, 278,
+        and his reply, 279;
+      not active in drawing 14th Amendment, 284 _n._;
+      his influence as against radical measures lessened by refusal of
+        Southern states to ratify 14th Amendment, 287;
+      on Stevens's Reconstruction bill, votes against Sumner's amendment
+        making negro suffrage a permanent condition of reconstruction,
+          292,
+        but supports bill with that amendment, 292;
+      at fault in so doing, 292;
+      votes to pass bill over veto, 294;
+      votes to pass supplementary registration of voters bill over veto,
+        294;
+      writing in Chicago _Advance_, denies power of Congress to regulate
+        suffrage in states, 294, 295;
+      reports bill for readmission of Va., but opposes amendments
+        applying new conditions, 296;
+      has a lively dispute with Sumner, 296, 297,
+        but supports him strongly in the later movement to oust him from
+          chairmanship of Com. on Foreign Relations, 297, 344, 420;
+      supports Bingham proviso to the Georgia bill, 298,
+         and makes a powerful speech thereon, 299;
+      the _Nation's_ high praise of the speech and its author, 299, 300;
+      votes for Tenure-of-Office bill, as amended, 302;
+      abused for his stand against conviction of Johnson, 313, 315, 323;
+      Spencer's threat, 315;
+      N. Y. _Evening Post_, Chicago _Tribune_, and _Nation_, quoted, as
+        to abuse of the "traitors," 314-317;
+      his written opinion on the case against Johnson, 318, 319;
+      J. F. Rhodes quoted on the action of the seven, 322;
+      his only reply to his vilifiers, 323, 324;
+      his eulogy of Fessenden, 324, 325;
+      death of Mrs. Trumbull, 326.
+
+    Retained for the War Dep't. in the matter of McCardle's petition for
+      habeas corpus, 327;
+      appears before Supreme Court, 327, 328;
+      votes to pass over veto the Act of March 27, 1868, which the
+        Supreme Court held to apply _ex post facto_ to McCardle case,
+          329, 330:
+      his action criticized, 330, 332;
+      his acceptance of counsel fees attacked by Chandler as being
+        connected with his vote on impeachment, 330, 331;
+      his defense, 331, 332;
+      the Chandler charge would not down, 332;
+      supports Vickers's amendment to 15th Amendment, 338,
+        and opposes Wilson's amendment, 339;
+      letter of Grenier to, on Republican corruption, 341;
+      offered English mission, 347;
+      his reason for declining, 348;
+      in speech at Chicago, discusses claims of U.S. against England,
+        349, and the urgent need of reform of the Civil service, 349,
+        350;
+      indorses Cox's stand, 349, 350;
+      casts only vote in Judiciary Committee in favor of Hoar's
+        confirmation as Supreme Court Justice, 350;
+      votes against tacking Sumner's Equal Rights bill to Amnesty bill,
+        359;
+      offers amendment for general investigation of public service to
+        Conkling's resolution concerning Hodge, 362;
+      his remarks thereon, 363;
+      not appointed on investigating committee, 366, 367;
+      not moved by personal hostility to Grant, 369;
+      interview with, in _Courier-Journal_ on his relations with Grant
+        (Dec. 1871). 369 and _n._, 370;
+      letter of S. Galloway to, on Grant, 371;
+      mentioned by Stanley Matthews as possible candidate of Liberal
+        Republicans, 372;
+      J. H. Bryant and others urge him to become a candidate, 375;
+      his replies somewhat non-committal, 375;
+      defends Mo. Liberal Republican platform as Republican doctrine,
+        376;
+      on civil service reform, 376;
+      letter of Palmer to, offering his support, 377;
+      in letter to author, gives qualified assent to use of his name,
+        378, 379;
+      letter of author to, on his candidacy, 379;
+      his strength impaired by division of vote of Ill. at Cincinnati,
+        380;
+      opinions of editors as to candidates, 381;
+      vote for, in the convention, 383, 384;
+      his supporters decide to support Greeley, 384;
+      letter of W. C. Bryant to, urging him not to support Greeley, 386,
+        and his reply, 386, 387;
+      how Greeley's nomination was brought about, 389, 390;
+      how Trumbull received the news, 390, 391;
+      takes active part in campaign, 394 _ff._;
+      his speech at Springfield, Ill., denouncing Republican corruption,
+        395-399;
+      his tribute to Greeley, 399;
+      if nominated, could have been elected, 402;
+      Adams, the stronger candidate, 402, 403;
+      his speech on La. election of 1872, his last speech in the Senate,
+        405, 406.
+
+    His official career ended by defeat of Greeley, 407;
+      defeated for reëlection by Oglesby, 407;
+      resumes practice of law, 407;
+      one of the "visiting statesmen" sent to La. to watch canvass of
+        votes (1876), 409;
+      of counsel for Tilden before Electoral Commission, 409-411;
+      marries Mary Ingraham, 412;
+      Democratic candidate for governor of Ill. (1880), 412;
+      defeated by Cullom, 412;
+      entertains W. J. Bryan in 1893, 413;
+      inclined to free silver, 413;
+      his geniality, and vigor of mind and body, 413;
+      appears for Debs before Supreme Court, on petition for
+        habeas corpus, 414;
+      his speech in Chicago published as Populist campaign document,
+        414, 415;
+      no more radical than present-day "Progressive" doctrines, 415;
+      draws declaration of principles for Populist national conference,
+        415-417;
+      his death (June 5, 1896), 418;
+      Judge Moran quoted on his career, 419;
+      eminent as a political debater, well grounded in the law, 419,
+        420;
+      his character and talents reviewed and discussed, 419-422;
+      "a high-minded, kind-hearted, courteous gentleman, without
+        ostentation, and without guile," 421;
+      his place among the statesmen of his time discussed, 422;
+      his connection with the 13th Amendment, 422;
+      his opposition to arbitrary arrests unpopular, 422, 423;
+      his position as one of the "Seven Traitors" a proud one, 423;
+      change in his course on Reconstruction, 423, 424;
+      Medill quoted as to effect of vote in impeachment trial on his
+        future, 424, 425;
+      his partners quoted, as to his kindliness, 424;
+      Darrow on the "socialistic trend" of his opinions, 425;
+      letter of his daughter-in-law to author, 426;
+      his estimate of Lincoln's character and career, 426-430;
+      his views on religion, in letter to his mother, 430, 431;
+      his descendants, 431, 432.
+
+  Trumbull, Mary (Ingraham), T.'s second wife, 413, 432.
+
+  Trumbull, Walter, T.'s son, 18, 19, 121-123, 169, 425, 426, 431.
+
+  Trumbull family, the, 1, 2, 431, 432.
+
+  Turner, J. B., 71.
+
+  Turner, matter of, in Circuit Court of U.S., 274.
+
+
+  Underwood, John C, quoted, 52, 53.
+
+  Union Pacific R. R., 402.
+
+  United States _v._ Harris, 106 U. S., 275, 276, 358.
+
+  United States _v._ Rhodes (Circuit Court), 274.
+
+
+  Vagrancy law of Va., 247.
+
+  Vallandigham, Clement L., "the incarnation of Copperheadism," 203;
+    his speech of Jan. 14, 1863, 203, 204;
+    his arrest ordered by Burnside, 204;
+    tried by military commission, 204;
+    his sentence of imprisonment commuted to banishment to the South,
+      204;
+    all proceedings against, after arrest, illegal under habeas corpus
+      suspension act, 205;
+    nominated for governor of Ohio, but defeated, 206; 288.
+
+  Van Buren, John, 379.
+
+  Van Buren, Martin, xxi, 32, 37.
+
+  Van Tyne, C. H., _Letters of Daniel Webster_, xxiv _n._
+
+  Van Winkle, Peter G., Senator, on Civil Rights bill, 269; 261, 302,
+      314.
+
+  Van Wyck, Charles H., Congressman, 181, 182, 184.
+
+  Vermont, in convention of 1860, 106.
+
+  Vickers, George, Senator, 338.
+
+  Villard, Oswald G., _John Brown_, 52 _n._
+
+  Virginia, efforts to prevent secession of, 158 _ff._;
+    Lincoln's plan of reconstruction in, adopted by Johnson's Cabinet,
+      237;
+    Peirpoint recognized as Governor of, 237;
+    vagrancy law of, 247;
+    additional conditions imposed on readmission of, 296, 297.
+
+  Virginia Resolutions of 1798, xxiii.
+
+  "Visiting statesmen," and the contested election of 1876, 408, 409.
+
+
+  Wade, Benjamin F., Senator, opposed to Lincoln's renomination, 220;
+      102, 107, 108, 111, 150, 166, 233, 287, 332, 343.
+
+  Waite, Morrison R., Chief Justice Sup. Ct., 275.
+
+  Walker, Robert J., appointed governor of Kansas, 71;
+    and the Lecompton Convention, 71, 72;
+    denounces Cabinet conspiracy, 73;
+    resigns, 73; 81, 82.
+
+  Wall, James W., Senator, 200.
+
+  Wallace, Lew, General, attempts to usurp powers of Attorney-general
+      under Confiscation Act, 176, 177.
+
+  War Department, frauds in, 178 _ff._
+
+  War of 1812, xxiv.
+
+  Warren, Hooper, 27, 28.
+
+  Washburne, Elihu B., appointed Secretary of State, 333;
+    a strong partisan of Grant, 333;
+    his qualifications, 333;
+    terms of his appointment, 334;
+    resigns, 334; 45, 46, 168, 281, 304, 407.
+
+  Washington, Bushrod, xxxi.
+
+  Washington _Chronicle_, 300.
+
+  Washington, George, xxiii.
+
+  Washington, gathering of troops at, in Jan., 1861, 121, 122.
+
+  Watterson, Henry, 372, 373.
+
+  Wayland, Rev. Francis, xxxii.
+
+  Ways and Means, Committee of, 354.
+
+  Webster, Daniel, quoted, xxiv and _n._; xxii _n._, xxv _n._, xxvi,
+      xxvii, 27, 39, 125.
+
+  Weed, Thurlow, and Cameron's appointment, 143;
+    and the War Dep't. frauds, 179, 180; 108, 112, 139, 141, 146, 151,
+      181, 182; 184.
+
+  Welk, Jesse W., 101 _n._, 143 _n._
+
+  Welles, Gideon, quoted, on Cameron's appointment, 142, 144, 146, 151;
+    on the Harvey dispatch, 157, 158;
+    on Douglas's attitude in April, 1861, 163, 164;
+    on Cameron's emancipation hobby, 172 _n._;
+    on Cummings, 181 _n._;
+    on inefficiency of Union armies, 212;
+    on Halleck, 226;
+    on Cabinet meeting of Jan. 8, 1867, 290 _ff._;
+    opinion of, on question of territorializing states, 290;
+    on Stanton and the Tenure-of-Office Act, 303;
+    on Methodist pressure on Senator Willey, 319, 320;
+    on divers matters, 273 _n._, 313, 314, 324, 423.
+
+  Wells, David A., 353, 377, 379.
+
+  Wentworth, John, 90, 93.
+
+  Whigs, the, and the Kansas-Nebraska bill, 41.
+
+  White, Andrew D., 343.
+
+  White, Horace, and Lincoln's Peoria speech, 39;
+    his recollections of the Lincoln-Douglas campaign, 89,
+      quoted, 92;
+    impressions of John Brown, 97;
+    on Douglas's speech to Ill. legislature, 153;
+    his friendly relations with T., 168, 169, 413;
+    and the ousting of Sumner, 346, 347;
+    interview with Blaine, 354;
+    on the outlook at Cincinnati (1872), 378;
+    letter from T. to, and his reply, 379;
+    chairman of platform committee at Cincinnati, 382;
+    his view of the result, 385,
+      and of Greeley's nomination, 389, 390;
+    thinks Adams or T. could have been elected, 402, 403;
+    last meeting with T., 413.
+
+  Whitfield, pro-slavery Delegate in Congress from Kansas, 49, 50.
+
+  Whitney, Henry C, quoted, 143 _n._
+
+  Wigfall, Louis T., Senate, colloquy with T. in debate on Crittenden
+      Compromise, 129, 130; 133, 134.
+
+  Wilkinson, Morton S., Senator, 150, 189.
+
+  Willey, Waitman T., Senator, Methodist pressure on, in impeachment
+      trial, 317, 320;
+    votes "guilty," 320;
+    had agreed to vote "not guilty" if necessary, 321; 261, 302, 314.
+
+  Williams, Archibald, 45.
+
+  Williams, George H., Senator, 281, 298, 299, 328, 329.
+
+  Wilmot, David, Congressman, 146, 150.
+
+  Wilson, Henry, his speech on Kansas affairs, 65;
+    quoted on possible alliance of Douglas with Republicans, 79;
+    his resolution on suspension of habeas corpus, 190, 191;
+    opposes bill authorizing Pres. to suspend habeas corpus, 197;
+    his denunciation of Lincoln, 219;
+    brings in bill to nullify new labor laws in seceding states, 247,
+      248;
+    T.'s speech thereon, 248-251;
+    nominated for Vice-Pres., 393,
+      and elected, 402; 86, 87, 189, 194, 197, 198, 296, 298, 314, 315,
+        338, 344, 363.
+
+  Wilson, James F., Congressman, proposes amendment to Constitution,
+      prohibiting slavery, 223;
+    "slated" for State Dep't under Grant, 334 and _n._,
+      declines, 334;
+    his character, 335; 304, 309.
+
+  Wilson, James H., General, 337.
+
+  Wirt, William, 331.
+
+  Wood, John, 92.
+
+  Wool, John E., General, 178, 181.
+
+  World's Columbian Exposition, 412.
+
+  Wright, Silas, 91.
+
+  Wright, William, Senator, 261, 263, 264.
+
+
+  Yates, Richard, Governor, letter from, to T., 218;
+    letter from T. to, 120, 121; 107, 109, 111, 150, 197, 220.
+
+  Yulee, David L., Senator, 99.
+
+
+
+
+
+End of Project Gutenberg's The Life of Lyman Trumbull, by Horace White
+
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+
+The Project Gutenberg EBook of The Life of Lyman Trumbull, by Horace White
+
+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
+
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+Title: The Life of Lyman Trumbull
+
+Author: Horace White
+
+Release Date: November 18, 2011 [EBook #38043]
+
+Language: English
+
+Character set encoding: ISO-8859-1
+
+*** START OF THIS PROJECT GUTENBERG EBOOK THE LIFE OF LYMAN TRUMBULL ***
+
+
+
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+Produced by Adam Buchbinder, Matthew Wheaton and the Online
+Distributed Proofreading Team at http://www.pgdp.net (This
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+
+
+<p class="h1">THE LIFE OF LYMAN TRUMBULL</p>
+
+<p class="spacer">&nbsp;</p>
+
+<div class="figcenter">
+<img src="images/004-gray.jpg" width="400" height="550" alt="" />
+</div>
+
+<p class="caption">Lyman Trumbull (signature)</p>
+
+<h1 class="booktitle">THE LIFE OF LYMAN TRUMBULL</h1>
+
+<p class="h4">BY</p>
+
+<p class="h3">HORACE WHITE</p>
+
+<p class="spacer">&nbsp;</p>
+
+<div class="figcenter">
+<img src="images/005-logo.jpg" width="80" height="112" alt="" />
+</div>
+
+<p class="spacer">&nbsp;</p>
+
+<p class="h5">BOSTON AND NEW YORK<br />
+HOUGHTON MIFFLIN COMPANY<br />
+The Riverside Press Cambridge<br />
+1913</p>
+
+<p class="spacer">&nbsp;</p>
+
+<p class="h6">COPYRIGHT, 1913, BY HORACE WHITE<br />
+<br />
+ALL RIGHTS RESERVED<br />
+<br />
+<i>Published October 1913</i></p>
+
+<hr class="chap" />
+
+<p><span class="pagenum"><a id="Page_v">[v]</a></span></p>
+
+<h2 id="PREFACE">PREFACE</h2>
+
+<p>A few years since, the widow of Lyman Trumbull
+requested me to write a biography of her husband, who
+was United States Senator from Illinois during the three
+senatorial terms 1855-1873, or to recommend some suitable
+person for the task. It had been a cause of surprise
+and regret to me that the name of Trumbull had not yet
+found a place in the swelling flood of biographical literature
+that embraces the Civil War period. Everybody,
+North or South, who stood on the same elevation with
+him, everybody who exercised influence and filled the
+public eye in equal measure with him, had found his niche
+in the libraries of the nation, and such place in the hearts
+of the people as his merits warranted. Trumbull alone
+had been neglected. I reflected upon the matter and
+came to the conclusion that, although better writers than
+myself could be found for this kind of work, no one was
+likely to be found who had been more intimate with him
+during his whole senatorial career, or who had warmer
+sympathy for his aims or higher admiration for his abilities
+and character. I reflected also that very soon there
+would be no person living possessing these special qualifications.
+Accordingly I decided to undertake the work.</p>
+
+<p>Mrs. Trumbull placed in my hands several thousand
+letters received by Trumbull, and a few written by him,
+during his public career. All these have been examined by
+me, and they are now in the Library of Congress. He was
+not in the habit of keeping copies of letters written by
+himself unless he deemed them important, and such copies
+were generally written out by his own hand, not taken in<span class="pagenum"><a id="Page_vi">[vi]</a></span>
+a copying-press. Other letters written by him have been
+sought with varying success in the hands of his correspondents,
+or their heirs, in various parts of the country,
+but nothing has been found in this way that can be
+considered of much importance.</p>
+
+<p>During the Reconstruction era I had sustained the
+policy of Congress in opposition to that of Andrew
+Johnson, but had revolted at the carpetbaggery and misgovernment
+which had ensued, and had abhorred the
+"Ku-Klux" bills and "Force" bills which the Union
+party for a long time continued to enact or threaten. I
+was not quite prepared to find, however, upon going over
+the whole ground again, that I had been wrong from the
+beginning, and that Andrew Johnson's policy, which was
+Lincoln's policy, was the true one, and ought never to
+have been departed from. This is the conclusion to
+which I have come, after much study, in the evening of
+a long life. This does not mean that all of the doings and
+sayings of President Johnson were wise and good, but
+that I believe him to have been an honest man, a true
+patriot, and a worthy successor of Lincoln whose Reconstruction
+policy he followed. Lincoln himself could not
+have carried that policy into effect without a fight, and
+many persons familiar with the temper of the time think
+that even he would have failed. All that we can now
+affirm is that he was armed with the prestige of victory
+and the confidence of the North, and hence would
+have been better prepared than Johnson was for meeting
+the difficulties that sprang up at the end of the war. It
+must be admitted, however, that Johnson honestly aimed
+to carry out that policy, both because it was Lincoln's
+and because he himself, after careful consideration,
+esteemed it sound.</p>
+
+<p>I acknowledge my indebtedness to the <i>Diary of Gideon<span class="pagenum"><a id="Page_vii">[vii]</a></span>
+Welles</i>, which I regard as the most important contribution
+to the history of the period of which it treats that has
+yet been given to the public. The history of Mr. James
+Ford Rhodes I have found to be an invaluable guide, as
+to both facts and judgments of men and things. I am
+indebted to Professor William A. Dunning, of Columbia
+University, for valuable suggestions, criticism, and encouragement,
+as well as for the assistance derived from
+his admired writings on Reconstruction. Miss Katherine
+Mayo has lightened my labors greatly by her intelligent
+and indefatigable search of old letters and newspaper
+files and by interviews with persons still living. My
+gratitude is due also to the late William H. Lambert, of
+Philadelphia, for giving me access to his collection of
+manuscript correspondence that passed between Lincoln
+and Trumbull prior to the inauguration of the former as
+President; also to Dr. William Jayne, of Springfield,
+Illinois, to Hon. J. H. Roberts, of Chicago, to the wife of
+Walter Trumbull (now Mrs. L. C. Pardee, of Chicago),
+and to Mrs. Mary Ingraham Trumbull, of Saybrook
+Point, Connecticut.</p>
+
+<p>
+H. W.<br />
+</p>
+
+<hr class="chap" />
+
+<p><span class="pagenum"><a id="Page_ix">[ix]</a></span></p>
+
+<h2 id="CONTENTS">CONTENTS</h2>
+
+<p class="h4"><a href="#CHAPTER_I">CHAPTER I</a></p>
+
+<p class="h4">ANCESTRY AND EARLY LIFE</p>
+
+<p class="hang">The Trumbulls from Newcastle-on-Tyne, England&mdash;Most illustrious
+family in Colony of Connecticut&mdash;Lyman Trumbull born and educated
+at Colchester&mdash;Begins his career as school-teacher in Georgia
+in 1833&mdash;Studies law there in office of Hiram Warner&mdash;In 1837 makes
+a journey on horseback to Shawneetown, Illinois&mdash;Begins practice of
+law in office of Governor Reynolds at Belleville&mdash;"Riding on the circuit"
+in the early days&mdash;In a letter to his father describes the killing
+of Rev. Elijah P. Lovejoy at Alton&mdash;Elected to the legislature from St.
+Clair County in 1840&mdash;Appointed secretary of state in 1841 by Governor
+Carlin&mdash;Removed from office in 1843 by Governor Ford&mdash;Political
+disturbance in consequence&mdash;Belleville in 1842&mdash;Marriage of
+Trumbull and Miss Julia Jayne&mdash;Their wedding journey&mdash;Political
+campaign of 1848&mdash;Trumbull fails of nomination for governor&mdash;Is
+elected judge of the supreme court in 1848&mdash;Removes his residence to
+Alton&mdash;Re&euml;lected as judge in 1852, but resigns in the following year.
+<span class="right">1</span></p>
+
+<p class="h4"><a href="#CHAPTER_II">CHAPTER II</a></p>
+
+<p class="h4">SLAVERY IN ILLINOIS</p>
+
+<p class="hang">French adventurers from Canada the first whites in Illinois&mdash;Followed
+by colonists from Louisiana&mdash;Slaves sent from Santo Domingo by
+John Law's Company of the Indies&mdash;Thomas Jefferson takes steps
+to exclude slavery from the Northwest Territory&mdash;The Anti-Slavery
+Ordinance of 1787&mdash;The territorial legislature authorizes the holding
+of "indentured servants" for a limited time&mdash;Attempts to repeal
+the Ordinance defeated in Congress by John Randolph of Roanoke&mdash;State
+constitution in 1818 prohibits slavery&mdash;the pro-slavery men
+attempt to change the constitution&mdash;Bitter contest in 1824 results
+in their defeat&mdash;Slavery continues, nevertheless, under judicial decisions&mdash;Trumbull
+wages war against it in the courts&mdash;His final victory
+in the Jarrot case, in 1845<span class="right">23</span></p>
+
+<p class="h4"><a href="#CHAPTER_III">CHAPTER III</a></p>
+
+<p class="h4">FIRST ELECTION AS SENATOR</p>
+
+<p class="hang">Senator Douglas and the repeal of the Missouri Compromise&mdash;Disruption
+of political parties&mdash;Trumbull announces himself a candidate for
+<span class="pagenum"><a id="Page_x">[x]</a></span>Congress in opposition to the Nebraska Bill&mdash;Is elected in the Eighth
+Illinois District&mdash;Abraham Lincoln takes the stump against Douglas&mdash;Their
+joint debate at Springfield in October, 1854&mdash;An Anti-Nebraska
+legislature elected&mdash;Lincoln a candidate for Senator in
+place of General Shields&mdash;Five Anti-Nebraska Bill members vote for
+Trumbull&mdash;Supporters of Shields transfer their votes to Governor
+Matteson&mdash;Lincoln transfers his votes to Trumbull, who is elected by
+a majority of one<span class="right">32</span></p>
+
+<p class="h4"><a href="#CHAPTER_IV">CHAPTER IV</a></p>
+
+<p class="h4">THE KANSAS WAR</p>
+
+<p class="hang">Trumbull takes his seat in the Senate&mdash;A protest is presented declaring
+him not eligible&mdash;It is overruled after debate&mdash;Disturbances in
+Kansas consequent upon the passage of the Nebraska Bill&mdash;Trumbull
+makes a speech criticizing Douglas's report thereon&mdash;Debate between
+the two Senators attracts wide attention&mdash;Speeches of Seward, Sumner,
+Collamer, and others&mdash;Trumbull's first appearance in debate is
+warmly welcomed by the opponents of the Nebraska Bill<span class="right">48</span></p>
+
+<p class="h4"><a href="#CHAPTER_V">CHAPTER V</a></p>
+
+<p class="h4">THE LECOMPTON FIGHT</p>
+
+<p class="hang">The national contest of 1856 results in the election of James Buchanan as
+President&mdash;The Republicans of Illinois elect their state ticket&mdash;The
+Kansas war continues&mdash;Buchanan appoints Robert J. Walker governor
+of the territory&mdash;The Pro-Slavery party hold a convention at the town
+of Lecompton to form a state constitution&mdash;The Free State men decide
+not to participate, but to vote against the constitution when submitted
+to the people&mdash;The convention decides not to submit the constitution
+to popular vote&mdash;President Buchanan agrees to this plan&mdash;Governor
+Walker thereupon resigns his office and Senator Douglas opposes
+the admission of Kansas under the Lecompton Constitution&mdash;Both
+Trumbull and Douglas speak against the Lecompton measure and
+Congress rejects it&mdash;Douglas contemplates joining the Republicans<span class="right">69</span></p>
+
+<p class="h4"><a href="#CHAPTER_VI">CHAPTER VI</a></p>
+
+<p class="h4">THE CAMPAIGN OF 1858 AND THE JOHN BROWN RAID</p>
+
+<p class="hang">Popularity of Douglas among the Eastern Republicans growing out of the
+Lecompton fight&mdash;Not shared by those of Illinois&mdash;The latter choose
+Lincoln as their candidate for Senator&mdash;Some letters from Lincoln to
+Trumbull in 1858&mdash;The campaign of 1858 results in the re&euml;lection of
+Douglas, but the popular vote shows a plurality for Lincoln&mdash;Douglas's
+doctrine of "Unfriendly Legislation" in the territories in regard to
+slavery turns the South against him&mdash;The John Brown raid at Harper's
+<span class="pagenum"><a id="Page_xi">[xi]</a></span>
+Ferry&mdash;Trumbull's speech and debate thereon in the Senate
+<span class="right">86</span></p>
+
+<p class="h4"><a href="#CHAPTER_VII">CHAPTER VII</a></p>
+
+<p class="h4">THE ELECTION OF LINCOLN&mdash;SECESSION</p>
+
+<p class="hang">The National Republican Convention at Chicago in 1860&mdash;How Lincoln
+was nominated in preference to Seward&mdash;the Secession movement
+after the election&mdash;Trumbull makes a speech at Springfield which
+includes a brief statement of Republican policy written by Lincoln&mdash;Correspondence
+between Lincoln and Trumbull before the inauguration&mdash;Trumbull
+advises his friends in Chicago not to make concessions to
+those who threaten to overthrow the Government&mdash;He has a debate
+in the Senate with Jefferson Davis&mdash;Makes a speech at the night
+session, March 2, 1861, against the Crittenden Compromise&mdash;The
+latter defeated in the Senate by Yeas, 19; Nays, 20&mdash;Some items of
+Washington society news from Mrs. Trumbull&mdash;Interview between
+President Buchanan and Judge McLean&mdash;Text of Trumbull's Speech
+against the Crittenden Compromise<span class="right">102</span></p>
+
+<p class="h4"><a href="#CHAPTER_VIII">CHAPTER VIII</a></p>
+
+<p class="h4">CABINET-MAKING&mdash;THE DEATH OF DOUGLAS</p>
+
+<p class="hang">Trumbull's interview with William Cullen Bryant, and others, who oppose
+William H. Seward as a member of Lincoln's Cabinet&mdash;They consider
+Seward's coterie in New York corrupt and dangerous&mdash;Trumbull
+communicates the objections to Lincoln&mdash;Lincoln thinks that the
+forces which backed Seward at the Chicago Convention must not be
+snubbed&mdash;He has already offered a place to Seward&mdash;The question
+of Cameron more difficult&mdash;David Davis's bargain with friends of
+Cameron and of Caleb Smith&mdash;Cameron tries to procure an invitation
+to Springfield, but Lincoln refuses&mdash;Leonard Swett gives invitation
+without Lincoln's authority&mdash;Cameron visits Springfield and secures
+promise of Cabinet position from Lincoln&mdash;A. K. McClure protests
+against Cameron's appointment and Lincoln requests Cameron to
+decline&mdash;Cameron does not decline&mdash;Trumbull advises Lincoln not
+to appoint Cameron&mdash;Lincoln's Illinois friends protest against Cameron&mdash;Trumbull
+urges appointment of Judd&mdash;Seward and Weed
+support Cameron, who is finally appointed Secretary of War&mdash;Trumbull,
+re&euml;lected as Senator, becomes Chairman of the Committee on the
+Judiciary&mdash;The last great service of Senator Douglas to his country&mdash;His
+death and Trumbull's tribute to his memory<span class="right">139</span></p>
+
+<p class="h4"><a href="#CHAPTER_IX">CHAPTER IX</a></p>
+
+<p class="h4">FORT SUMTER</p>
+
+<p class="hang">The Senate appoints a committee to ask the President to recall the appointment
+of Harvey as Minister to Portugal&mdash;He had notified Governor
+Pickens of the Government's intention to relieve Fort Sumter&mdash;Trumbull
+a member of the committee&mdash;Seward says that he did not
+<span class="pagenum"><a id="Page_xii">[xii]</a></span>know of Harvey's action till after the appointment was made&mdash;In
+fact, Seward gave the information to Harvey intending that he should
+send it to Pickens&mdash;John Hay's Diary says that Lincoln, before his inauguration,
+offered to evacuate Fort Sumter&mdash;Also that he repeated
+the offer after inauguration&mdash;This confirms a narrative of John Minor
+Botts&mdash;The controversy between Botts and J. B. Baldwin concerning
+the latter's interview with Lincoln on April 5, 1861&mdash;Reasons for
+believing that Botts's story is true&mdash;Remarkable interview between
+Douglas and Seward as to Fort Sumter<span class="right">155</span></p>
+
+<p class="h4"><a href="#CHAPTER_X">CHAPTER X</a></p>
+
+<p class="h4">BULL RUN&mdash;THE CONFISCATION ACT</p>
+
+<p class="hang">Trumbull makes an excursion with Senator Grimes to the battle of Bull
+Run&mdash;Is caught by the retreating Union army and driven back to
+Washington&mdash;His account of the panic and stampede says, "It was the
+most shameful rout you can conceive of"&mdash;Sends a telegram to Mrs.
+Trumbull, but the authorities suppress it&mdash;Consternation at the
+Capital&mdash;General Fr&eacute;mont's doings at St. Louis&mdash;His military order
+of emancipation&mdash;Lincoln considers it premature and revokes it&mdash;Correspondence
+between Trumbull and M. Carey Lea, of Philadelphia&mdash;Cameron
+follows Fr&eacute;mont's example in his first Annual Report&mdash;Sends
+report to the newspapers without the President's knowledge&mdash;Lincoln
+directs him to recall it and strike out the part relating to slavery&mdash;General
+David Hunter issues an order freeing all slaves in South
+Carolina, Georgia, and Florida&mdash;The President revokes it&mdash;Trumbull
+reports a bill from the Senate Judiciary Committee to confiscate
+the property of rebels and to give freedom to all of their slaves&mdash;Collamer
+opposes confiscation as both unconstitutional and impolitic&mdash;He
+offers an amendment to substitute judicial process for military confiscation&mdash;Collamer's
+views prevail&mdash;The President objected, however,
+to the forfeiture of real estate beyond the lifetime of the owner&mdash;This
+was the first bill passed by Congress dealing a heavy blow at
+slavery<span class="right">165</span></p>
+
+<p class="h4"><a href="#CHAPTER_XI">CHAPTER XI</a></p>
+
+<p class="h4">THE EXPULSION OF CAMERON</p>
+
+<p class="hang">Cameron and Alexander Cummings&mdash;Two million dollars placed in New
+York subject to Cummings's draft&mdash;The steamer Catiline chartered
+and laden by Cummings and Thurlow Weed&mdash;The House Committee
+on Government Contracts&mdash;Cummings's testimony&mdash;Congressman
+Dawes's exposure of horse contracts&mdash;An equine Golgotha
+around Washington City&mdash;The House censures Cameron&mdash;Lincoln
+removes him and appoints Stanton in his place&mdash;Cameron
+appointed Minister to Russia&mdash;Trumbull opposes confirmation&mdash;Cameron
+<span class="pagenum"><a id="Page_xiii">[xiii]</a></span>is confirmed, six Republican Senators voting in the negative<span class="right">178</span></p>
+
+<p class="h4"><a href="#CHAPTER_XII">CHAPTER XII</a></p>
+
+<p class="h4">ARBITRARY ARRESTS</p>
+
+<p class="hang">Lincoln's first suspension of the writ of <i>habeas corpus</i>&mdash;Secretary Seward
+and John Hay give verbal instructions thereunder&mdash;Senate debate on
+arbitrary arrests&mdash;Wide differences of opinion as to legality thereof&mdash;Trumbull
+calls for information&mdash;Debate between Trumbull, Dixon,
+and Wilson&mdash;Was power to suspend the writ lodged in the executive
+or in the legislative department?&mdash;Chief Justice Taney held that the
+writ had not been lawfully suspended anywhere&mdash;Trumbull demands
+trial by jury, without delay, of civilians arrested in loyal states&mdash;Before
+Congress takes action the election of 1862 results in victory for
+Democrats&mdash;Republican leaders intimidated&mdash;Stanton discharges
+all civilian prisoners&mdash;Congress passes Trumbull's bill authorizing
+President to suspend writ, but requiring trial in civil courts and discharge
+of persons not indicted&mdash;Bill to indemnify the President for
+previous acts passed by both houses&mdash;Banishment of Vallandigham
+and suppression of the Chicago <i>Times</i>&mdash;Trumbull opposes the latter<span class="right">190</span></p>
+
+<p class="h4"><a href="#CHAPTER_XIII">CHAPTER XIII</a></p>
+
+<p class="h4">INCIDENTS OF THE YEARS 1863 AND 1864</p>
+
+<p class="hang">The movement in the Senate for the retirement of Secretary Seward&mdash;Letters
+from Gustave Koerner, Alfred Iverson, and Walter B. Scates&mdash;The
+appointment of M. W. Delahay as judge of the U.S. District
+Court of Kansas&mdash;His subsequent impeachment and resignation&mdash;Letters
+of General John M. Palmer, Colonel Fred Hecker, and Jesse K.
+Dubois&mdash;Trumbull doubts the expediency of Lincoln's second nomination&mdash;He
+thinks that there is a lack of efficiency in the prosecution of
+the war&mdash;This opinion shared by Henry Wilson and by Congressmen
+generally in the beginning of 1864&mdash;The people, however, were for
+Lincoln's renomination&mdash;The Cleveland Convention, and nomination
+of General Fr&eacute;mont&mdash;Simultaneous retirement of Fr&eacute;mont and Postmaster-General
+Blair<span class="right">210</span></p>
+
+<p class="h4"><a href="#CHAPTER_XIV">CHAPTER XIV</a></p>
+
+<p class="h4">THE THIRTEENTH AMENDMENT TO THE CONSTITUTION</p>
+
+<p class="hang">Scope of Lincoln's Proclamation of Emancipation&mdash;Amendment of the
+Constitution to abolish slavery&mdash;First proposals by Wilson, of Iowa,
+and Henderson, of Missouri&mdash;Trumbull reports the Thirteenth
+Amendment from the Senate Judiciary Committee&mdash;His argument
+thereon&mdash;Speeches of Senators Henderson and Reverdy Johnson&mdash;Amendment
+passes the Senate, but fails in the House&mdash;Second attempt
+in the House successful by a trade with Democrats&mdash;Amendment
+ratified&mdash;Objections raised by Southern States explained away
+<span class="pagenum"><a id="Page_xiv">[xiv]</a></span>by Seward<span class="right">222</span></p>
+
+<p class="h4"><a href="#CHAPTER_XV">CHAPTER XV</a></p>
+
+<p class="h4">RECONSTRUCTION</p>
+
+<p class="hang">Death of Lincoln&mdash;Conflict of opinions concerning the status of the
+seceding states&mdash;Lincoln's proclamation of December, 1863&mdash;Reconstruction
+of Louisiana in pursuance thereof&mdash;Trumbull reports a
+joint resolution admitting that state&mdash;Sumner prevents the Senate
+from voting on it&mdash;Lincoln's last speech on Reconstruction&mdash;His
+plan indorsed by William Lloyd Garrison&mdash;Andrew Johnson as President
+adopts it&mdash;Recognizes Virginia, Tennessee, Louisiana, and Arkansas
+as restored to the Union&mdash;Issues an executive order appointing
+a governor of North Carolina to call a constitutional convention&mdash;Negroes
+not included in the list of voters&mdash;Similar orders issued for
+the other seceding states&mdash;Wendell Phillips sounds a blast against
+President Johnson&mdash;Northern newspapers at first favorable to Johnson&mdash;Desperate
+industrial condition of the South<span class="right">231</span></p>
+
+<p class="h4"><a href="#CHAPTER_XVI">CHAPTER XVI</a></p>
+
+<p class="h4">ANDREW JOHNSON'S FIRST MESSAGE</p>
+
+<p class="hang">Excellent tone and temper of Johnson's first communication to Congress&mdash;Written
+by George Bancroft&mdash;Eulogy of the New York <i>Nation</i>&mdash;Johnson's
+early life and training&mdash;A first-rate stump-speaker&mdash;Sumner
+attacks Johnson for "whitewashing" the ex-slaveholders&mdash;Acts of
+Southern legislatures passed to keep the negroes in order&mdash;Senator
+Wilson moves that all such acts establishing inequality of civil rights be
+declared invalid&mdash;Trumbull argues for postponement of such legislation
+until the Thirteenth Amendment is ratified&mdash;Debate between
+Trumbull and Saulsbury&mdash;Reports of General Grant and General Carl
+Schurz on the condition and temper of the Southern people&mdash;Letter
+from J. L. M. Curry on the same<span class="right">244</span></p>
+
+<p class="h4"><a href="#CHAPTER_XVII">CHAPTER XVII</a></p>
+
+<p class="h4">THE FREEDMEN'S BUREAU AND CIVIL RIGHTS BILLS</p>
+
+<p class="hang">Trumbull introduces two bills to protect the freedmen in the states&mdash;Provisions
+of the Freedmen's Bureau Bill&mdash;Trumbull contends that
+the Thirteenth Amendment authorized Congress to abolish the incidents
+and disabilities of slavery&mdash;The Freedmen's Bureau Bill passed
+by Congress and vetoed by the President&mdash;The Senate fails to pass it
+over the veto&mdash;Struggle in the Senate to obtain a two-thirds majority&mdash;Senator
+Stockton (Democrat), of New Jersey, unseated&mdash;Trumbull's
+Civil Rights Bill taken up&mdash;It does not deal with the right of
+suffrage&mdash;Debate in the Senate on the constitutional question&mdash;Bill
+passes Senate&mdash;Is opposed in the House by Bingham, of Ohio&mdash;Is
+vetoed by the President&mdash;Exciting scene in Senate when the bill is
+<span class="pagenum"><a id="Page_xv">[xv]</a></span>passed over the veto&mdash;Trumbull takes the lead in the campaign of 1866
+and is re&euml;lected to the Senate&mdash;The Civil Rights Act in the courts&mdash;An
+echo from the State of Georgia<span class="right">257</span></p>
+
+<p class="h4"><a href="#CHAPTER_XVIII">CHAPTER XVIII</a></p>
+
+<p class="h4">THE FOURTEENTH AMENDMENT</p>
+
+<p class="hang">The Joint Committee on Reconstruction reports the Fourteenth Amendment
+of the Constitution&mdash;It holds that the seceding states cannot be
+restored to their former places in the Union by the executive alone&mdash;Tennessee
+admitted to the Union by Congress&mdash;The Arm-in-Arm
+Convention at Philadelphia&mdash;President Johnson's unfortunate speech
+following that event&mdash;The Southern States refuse to ratify the Fourteenth
+Amendment&mdash;This refusal gives increased power to the radicals
+in the North<span class="right">281</span></p>
+
+<p class="h4"><a href="#CHAPTER_XIX">CHAPTER XIX</a></p>
+
+<p class="h4">CROSSING THE RUBICON</p>
+
+<p class="hang">Decision of the Supreme Court in the Milligan case&mdash;It declares all trials
+of civilians by military commissions unlawful&mdash;It implies that Andrew
+Johnson's policy was preferable to that of Congress&mdash;All the members
+of the Cabinet support the President's policy&mdash;Stanton, however,
+secretly confers with the radicals to undermine the President&mdash;Sumner
+and Stevens become the leaders in Congress and pass bills annulling
+state governments in the South&mdash;The Conservatives follow reluctantly,
+believing that the negroes cannot be protected unless they have
+the right to vote&mdash;Remarkable series of Reconstruction Acts passed
+in 1867 and 1868&mdash;The case of Georgia&mdash;Trumbull overthrows Governor
+Bullock and his senatorial supporters<span class="right">288</span></p>
+
+<p class="h4"><a href="#CHAPTER_XX">CHAPTER XX</a></p>
+
+<p class="h4">IMPEACHMENT</p>
+
+<p class="hang">The Tenure-of-Office Bill passed to curtail the President's power to remove
+office-holders&mdash;It does not apply to members of the Cabinet&mdash;The
+President vetoes it&mdash;The veto message written by Seward and Stanton
+in conjunction&mdash;Bill repassed over veto&mdash;First mutterings about
+impeachment&mdash;The Judiciary Committee reports in favor of it&mdash;The
+House rejects the report&mdash;The President requests Stanton's resignation&mdash;Stanton
+refuses to resign&mdash;The President removes him and
+appoints Grant Secretary of War <i>ad interim</i>&mdash;Stanton retires&mdash;The
+Senate disapproves of the removal of Stanton&mdash;Grant retires and
+Stanton resumes office&mdash;The President accuses Grant of bad faith, and
+appoints Lorenzo Thomas Secretary of War&mdash;The House votes to impeach
+the President and appoints managers therefor&mdash;The trial begins
+March 5, 1868&mdash;The President is acquitted by vote of 35 to 19, not
+<span class="pagenum"><a id="Page_xvi">[xvi]</a></span>two thirds&mdash;Seven Republican Senators including Trumbull vote
+"Not Guilty"&mdash;Newspaper comments sustaining the "Seven Traitors"&mdash;Trumbull's
+written opinion filed with the record&mdash;Consequences
+of the impeachment trial&mdash;Death of Fessenden&mdash;Death
+of Mrs. Lyman Trumbull<span class="right">301</span></p>
+
+<p class="h4"><a href="#CHAPTER_XXI">CHAPTER XXI</a></p>
+
+<p class="h4">THE McCARDLE CASE&mdash;GRANT'S CABINET&mdash;THE FIFTEENTH AMENDMENT</p>
+
+<p class="hang">W. H. McCardle, of Mississippi, arrested by General Ord for seditious publications&mdash;Takes
+an appeal to the Supreme Court&mdash;General Grant,
+as Secretary of War <i>ad interim</i>, retains Trumbull to defend the military
+authorities&mdash;Congress passes a law to deprive the Supreme Court of
+jurisdiction&mdash;Trumbull votes for it&mdash;The Court rules that its jurisdiction
+has been withdrawn by Congress&mdash;Secretary Stanton fixes
+Trumbull's compensation for professional services at $10,000&mdash;Senator
+Chandler contends that the payment is contrary to law&mdash;Trumbull
+shows that both law and precedent are on his side&mdash;The facts in the
+case&mdash;President Grant's mishaps in choosing his Cabinet&mdash;Washburne
+for the State Department, Stewart for the Treasury, and Borie
+for the Navy&mdash;They are succeeded by Fish, Boutwell, and Robeson&mdash;General
+John A. Rawlins selected by himself for Secretary of War with
+Grant's approval&mdash;General Jacob Cox and Rockwood Hoar, two men
+of the highest type, appointed but soon resign&mdash;Adoption of the
+Thirteenth Amendment of the Constitution<span class="right">327</span></p>
+
+<p class="h4"><a href="#CHAPTER_XXII">CHAPTER XXII</a></p>
+
+<p class="h4">CAUSES OF DISCONTENT</p>
+
+<p class="hang">Senator Grimes's estimate of the Republican party in 1870&mdash;President
+Grant's methods of carrying on the Government&mdash;His attempt to
+annex Santo Domingo&mdash;Senate rejects the treaty of annexation&mdash;The
+President comes in conflict with Charles Sumner, who is displaced
+as chairman of the Senate Committee on Foreign Relations&mdash;Trumbull
+sustains Sumner&mdash;Motley, Minister to Great Britain, is removed
+from office and Trumbull is asked to take his place&mdash;He declines the
+offer&mdash;First movement for civil service reform&mdash;Trumbull makes a
+speech at Chicago advocating it&mdash;Secretary Cox and Attorney-General
+Hoar cease to be members of Grant's Cabinet<span class="right">341</span></p>
+
+<p class="h4"><a href="#CHAPTER_XXIII">CHAPTER XXIII</a></p>
+
+<p class="h4">THE LIBERAL REPUBLICANS</p>
+
+<p class="hang">The Liberal Republican movement begins in Missouri&mdash;Its leaders&mdash;Enfranchisement
+of the ex-Confederates, civil service reform, and reve<span class="pagenum"><a id="Page_xvii">[xvii]</a></span>nue
+reform, the issues&mdash;Meeting of revenue reformers at New York,
+November 22, 1871&mdash;James G. Blaine, Speaker of the House, offers
+them a majority of the Committee of Ways and Means&mdash;The Missouri
+movement alarms the Republican leaders&mdash;They pass the Ku-Klux
+Bill for the employment of military force in the South&mdash;Trumbull
+and Schurz oppose the Ku-Klux bill&mdash;Trumbull pronounces it an
+unconstitutional measure&mdash;Schurz advocates the removal of all political
+disabilities&mdash;Congress passes an act of universal amnesty after
+the meeting of the Liberal Republican Convention<span class="right">351</span></p>
+
+<p class="h4"><a href="#CHAPTER_XXIV">CHAPTER XXIV</a></p>
+
+<p class="h4">GRANT'S ADMINISTRATION</p>
+
+<p class="hang">General Grant's habits and training were not well adapted to civil and
+political duties&mdash;He was nominated for President on account of his
+military success&mdash;Rottenness in the New York Custom-House&mdash;Trumbull
+moves a general investigation of the waste of public money&mdash;The
+Senate decides in favor of a committee to investigate only matters
+specifically referred to it&mdash;The Leet and Stocking scandal&mdash;Colonel
+Leet found to be receiving $50,000 per year from the "General Order"
+business of the New York Custom-House&mdash;A Senate committee reports
+the facts to Secretary of the Treasury, Boutwell&mdash;The Secretary
+makes a new investigation and recommends that Collector Murphy
+discontinue the "General Order" system&mdash;Murphy allows it to continue
+indefinitely&mdash;A second Senate investigation ordered&mdash;The
+Leet and Stocking mystery explained&mdash;President Grant not a participant
+in the profits&mdash;The "General Order" system broken up&mdash;Indignation
+among Republicans resulting from the exposure<span class="right">361</span></p>
+
+<p class="h4"><a href="#CHAPTER_XXV">CHAPTER XXV</a></p>
+
+<p class="h4">THE CINCINNATI CONVENTION</p>
+
+<p class="hang">The Liberal Republican Convention in Missouri calls national convention
+at Cincinnati&mdash;Prompt and favorable response in Ohio and other
+states&mdash;Co&ouml;peration of leading Democrats&mdash;Springfield <i>Republican</i>,
+Cincinnati <i>Commercial</i>, and Chicago <i>Tribune</i>, Republican newspapers,
+support the movement&mdash;Henry Watterson, Manton Marble, and
+August Belmont, Democrats, co&ouml;perate&mdash;The movement in Pennsylvania&mdash;William
+C. Bryant and others favor the nomination of Trumbull
+for President&mdash;Great meeting at Cooper Union, New York&mdash;Governor
+Palmer, of Illinois, favors the movement&mdash;Charles Francis
+Adams, Horace Greeley, David Davis, B. Gratz Brown, and A. G. Curtin
+mentioned for President&mdash;Correspondence with Trumbull on the
+subject&mdash;The editors' dinner at Murat Halstead's house&mdash;Platform
+embarrassment&mdash;The tariff question referred to the congressional districts&mdash;Frank
+Blair and Gratz Brown cause a commotion&mdash;Carl
+Schurz made chairman of the convention&mdash;Balloting for President<span class="pagenum"><a id="Page_xviii">[xviii]</a></span>&mdash;Brown
+withdraws his name and advises his friends to vote for Greeley&mdash;Greeley
+nominated on the sixth ballot&mdash;Consternation of the supporters
+of Adams and Trumbull&mdash;Most of the Liberal Republican
+editors decide to support Greeley&mdash;Carl Schurz is much distressed&mdash;Godkin
+and Bryant reject Greeley&mdash;Correspondence between Bryant
+and Trumbull&mdash;Charles Sumner's hesitating course&mdash;He finally
+decides to support Greeley<span class="right">372</span></p>
+
+<p class="h4"><a href="#CHAPTER_XXVI">CHAPTER XXVI</a></p>
+
+<p class="h4">THE GREELEY CAMPAIGN</p>
+
+<p class="hang">How Trumbull received the news&mdash;Carl Schurz advises Greeley to decline
+the nomination&mdash;Greeley decides to accept it&mdash;Meeting of Liberal
+Republican leaders in New York to consider their course&mdash;Trumbull
+and Schurz decide to support the Cincinnati ticket&mdash;Correspondence
+between Schurz and Godkin&mdash;Parke Godwin against Greeley&mdash;President
+Grant renominated by the Republicans with Henry Wilson
+for Vice-President&mdash;The Democrats at Baltimore adopt both nominees
+and platform of the Liberal Republicans&mdash;A minority call a bolting
+convention, which nominates Charles O'Conor&mdash;Trumbull's speech
+at Springfield, Illinois, in support of the Cincinnati ticket&mdash;Greeley's
+campaign starts with the prospect of victory&mdash;North Carolina election
+in August gives the Grant ticket a small majority&mdash;The tide turns
+against Greeley&mdash;Greeley takes the stump in September and makes a
+favorable impression, but too late&mdash;The October elections, in Pennsylvania
+and Ohio, go heavily Republican&mdash;Greeley and Brown defeated&mdash;Death
+of Greeley following the election&mdash;State election in Louisiana
+in 1872&mdash;Fraudulent returns in favor of Kellogg exposed by
+Senators Carpenter and Trumbull&mdash;Kellogg sustained by President
+Grant<span class="right">389</span></p>
+
+<p class="h4"><a href="#CHAPTER_XXVII">CHAPTER XXVII</a></p>
+
+<p class="h4">LATER YEARS</p>
+
+<p class="hang">Trumbull's senatorial term expires in 1873&mdash;Not re&euml;lected&mdash;He resumes
+the practice of law in Chicago&mdash;The second Grant administration
+worse than the first&mdash;The Republican party beaten in the congressional
+elections of 1874&mdash;The Hayes-Tilden campaign in 1876&mdash;Disputed
+returns in Louisiana, South Carolina, and Florida&mdash;The
+Electoral Commission&mdash;"Visiting Statesmen" sent to Louisiana to
+watch the count of the votes&mdash;Trumbull chosen as one of them&mdash;Chosen
+also to support Tilden's claim before the electoral commission&mdash;His
+argument thereon&mdash;E. W. Stoughton, in behalf of Hayes, contends
+that the returns of election certified by the governor of a state
+must be accepted&mdash;Also that the status of a governor recognized by
+the President of the United States cannot be questioned&mdash;Both these
+contentions are sustained by the Electoral Commission&mdash;By a vote of<span class="pagenum"><a id="Page_xix">[xix]</a></span>
+8 to 7 Hayes is declared elected President&mdash;Trumbull's marriage to
+Miss Mary Ingraham&mdash;He is nominated for governor of Illinois by
+the Democrats in 1880&mdash;Is defeated by Shelby M. Cullom&mdash;My last
+meeting with Trumbull at the World's Columbian Exposition&mdash;Trumbull's
+professional services in the Debs case&mdash;His public speech, after
+the case was decided&mdash;He sides with the Populist party&mdash;Prepares
+their declaration of principles in December, 1894&mdash;Text of the Declaration<span class="right">407</span></p>
+
+<p class="h4"><a href="#CHAPTER_XXVIII">CHAPTER XXVIII</a></p>
+
+<p class="h4">CONCLUSION</p>
+
+<p class="hang">Trumbull goes to Belleville to attend the funeral of Gustave Koerner&mdash;Is
+taken with illness at hotel&mdash;On his return to his home he is found to
+be suffering from an internal tumor&mdash;His physicians decide that a surgical
+operation would be fatal&mdash;He lingers till June 5, 1896&mdash;Dies in
+his eighty-third year&mdash;Impressive funeral&mdash;His great qualities as a
+lawyer and political debater&mdash;His conscientiousness and courage&mdash;His
+generosity, and fondness for little children&mdash;His place in the
+country's history&mdash;Eulogy by Joseph Medill, and other contemporaries&mdash;Trumbull's
+estimate of Lincoln&mdash;His religious views&mdash;His
+surviving family and descendants<span class="right">418</span></p>
+
+<p class="hang"><span class="smcap"><a href="#INDEX">Index</a></span>&nbsp;<span class="right">433</span></p>
+
+<hr class="chap" />
+
+<p><span class="pagenum"><a id="Page_xxi">[xxi]</a></span></p>
+
+<h2 id="INTRODUCTION">INTRODUCTION</h2>
+
+<p>Events in the year 1854 brought into the field of
+national politics two members of the bar of southern
+Illinois who were destined to hold high places in the public
+councils&mdash;Abraham Lincoln and Lyman Trumbull.
+They were members of opposing parties, Lincoln a Whig,
+Trumbull a Democrat. Both were supporters of the compromise
+measures of 1850. These measures had been
+accepted by the great majority of the people, not as
+wholly satisfactory, but as preferable to never-ending
+turmoil on the slavery question. There had been a subsidence
+of anti-slavery propagandism in the North, following
+the Free Soil campaign of 1848. Hale and Julian
+received fewer votes in 1852 than Van Buren and Adams
+had received in the previous election. Franklin Pierce
+(Democrat) had been elected President of the United
+States by so large a majority that the Whig party was
+practically killed. President Pierce in his first message to
+Congress had alluded to the quieting of sectional agitation
+and had said: "That this repose is to suffer no shock
+during my official term, if I have the power to avert it,
+those who placed me here may be assured." Doubtless
+the Civil War would have come, even if Pierce had kept his
+promise instead of breaking it; for, as Lincoln said a little
+later: "A house divided against itself cannot stand."</p>
+
+<p>It was not at variance with itself on the slavery question
+solely. In fact, the North did not take up arms
+against slavery when the crisis came. A few men foresaw
+that a war raging around that institution would somehow
+and sometime give it its death-blow, but at the beginning
+the Northern soldiers marched with no intention of that<span class="pagenum"><a id="Page_xxii">[xxii]</a></span>
+kind. They had an eye single to the preservation of the
+Union. The uprising which followed the firing upon Fort
+Sumter was a passionate protest against the insult to the
+national flag. It betokened a fixed purpose to defend
+what the flag symbolized, and it was only slowly and
+hesitatingly that the abolition of slavery was admitted as
+a factor and potent issue in the Northern mind.</p>
+
+<p>It is true that the South seceded in order to preserve
+and extend slavery, but it was penetrated with the belief
+that it had a perfect right to secede&mdash;not merely the right
+of revolution which our ancestors exercised in separating
+from Great Britain, but a right under the Constitution.</p>
+
+<p>The states under the Confederation, during the Revolutionary
+period and later, were actually sovereign. The
+Articles of Confederation declared them to be so. When
+the Constitution was formed, the habit of state sovereignty
+was so strong that it was only with the greatest
+difficulty that its ratification by the requisite number of
+states could be obtained. John Quincy Adams said that
+it was "extorted from the grinding necessity of a reluctant
+people." The instrument itself provided a common
+tribunal (the Supreme Court) as arbiter for the decision
+of all disputed questions arising under the Constitution
+and laws of the United States. But it was not generally
+supposed that the jurisdiction of the court included the
+power to extinguish state sovereignty.<a id="FNanchor_1_1"></a><a href="#Footnote_1_1" class="fnanchor">[1]</a></p>
+<p><span class="pagenum"><a id="Page_xxiii">[xxiii]</a></span></p>
+<p>The first division of political parties under the new
+government was the outgrowth of emotions stirred by the
+French Revolution. The Republicans of the period, led
+by Jefferson, were ardent sympathizers with the uprising
+in France. The Federalists, who counted Washington,
+Hamilton, and John Adams as their representative men,
+were opposed to any connection with European strife,
+or to any fresh embroilment with England, growing out
+of it. The Alien and Sedition Laws were passed in order
+to suppress agitation tending to produce such embroilment.
+Jefferson met these laws with the "Resolutions of
+'98," which were adopted by the legislatures of Virginia
+and Kentucky. These resolutions affirmed the right of
+the separate states to judge of any infraction of the Constitution
+by the Federal Government and also of the mode
+and measure of redress&mdash;a claim which necessarily
+included the right to secede from the Union if milder
+measures failed. The Alien and Sedition Laws expired by
+their own limitation before any actual test of their
+validity took place.</p>
+
+<p>The next assertion of the right of the states to nullify
+the acts of the Federal Government came from a more
+northern latitude as a consequence of the purchase of
+Louisiana. This act alarmed the New England States.
+The Federalists feared lest the acquisition of this vast
+domain should give the South a perpetual preponderance
+<span class="pagenum"><a id="Page_xxiv">[xxiv]</a></span>and control of the Government. Since there was no clause
+in the Constitution providing for the acquisition of new
+territory (as President Jefferson himself conceded), they
+affirmed that the Union was a partnership and that a
+new partner could not be taken in without the consent of
+all the old ones, and that the taking in of a new one without
+such consent would release the old ones.</p>
+
+<p>Controversy on this theme was superseded a few years
+later by more acute sources of irritation&mdash;the Embargo
+and War of 1812. These events fell with great severity on
+the commerce of the Northern States, and led to the passage
+by the Massachusetts legislature of anti-Embargo
+resolutions, declaring that "when the national compact is
+violated and the citizens are oppressed by cruel and unauthorized
+law, this legislature is bound to interpose its
+power and wrest from the oppressor his victim." In this
+doctrine Daniel Webster concurred. In a speech in the
+House of Representatives, December 9, 1814, on the
+Conscription Bill, he said:</p>
+
+<blockquote><p>The operation of measures thus unconstitutional and illegal
+ought to be prevented by a resort to other measures which are
+both constitutional and legal. It will be the solemn duty of the
+State Governments to protect their own authority over their
+own militia and to interpose between their own citizens and
+arbitrary power.... With the same earnestness with which
+I now exhort you to forbear from these measures I shall exhort
+them to exercise their unquestionable right of providing for the
+security of their own liberties.<a id="FNanchor_2_2"></a><a href="#Footnote_2_2" class="fnanchor">[2]</a></p></blockquote>
+
+<p>The anti-Embargo resolutions were followed by the
+refusal of both Massachusetts and Connecticut to allow
+federal officers to take command of their militia and by
+the call for the Hartford Convention. The latter body
+<span class="pagenum"><a id="Page_xxv">[xxv]</a></span>recommended to the states represented in it the adoption
+of measures to protect their citizens against forcible
+drafts, conscriptions, or impressments not authorized by
+the Constitution&mdash;a phrase which certainly meant that
+the states were to judge of the constitutionality of the
+measures referred to. The conclusion of peace with Great
+Britain put an end to this crisis before it came to blows.</p>
+
+<p>On February 26, 1833, Mr. Calhoun, following the
+Resolutions of '98, affirmed in the Senate the doctrine
+that the Government of the United States was a compact,
+by which the separate states delegated to it certain
+definite powers, reserving the rest; that whenever the
+general Government should assume the exercise of powers
+not so delegated, its acts would be void and of no
+effect; and that the said Government was not the sole
+judge of the powers delegated to it, but that, as in all
+other cases of compact among sovereign parties without
+any common judge, each had an equal right to judge for
+itself, as well of the infraction as of the mode and measures
+of redress. This was the stand which South Carolina
+took in opposition to the Force Bill of President
+Jackson's administration.<a id="FNanchor_3_3"></a><a href="#Footnote_3_3" class="fnanchor">[3]</a></p>
+
+<p>A state convention of South Carolina was called which
+passed an ordinance nullifying the tariff law of the
+United States and declaring that, if any attempt were
+made to collect customs duties under it by force, that
+state would consider herself absolved from all allegiance
+to the Union and would proceed at once to organize a
+<span class="pagenum"><a id="Page_xxvi">[xxvi]</a></span>separate government. President Jackson was determined
+to exercise force, and would have done so had not Congress,
+under the lead of Henry Clay, passed a compromise
+tariff bill which enabled South Carolina to repeal her
+ordinance and say that she had gained the substantial
+part of her contention.</p>
+
+<p>Despite the later speeches of Webster, the doctrine of
+nullification had a new birth in Massachusetts in 1845,
+the note of discord having been called forth by the proposed
+admission of Texas into the Union. In that year the
+legislature passed and the governor approved resolutions
+declaring that the powers of Congress did not embrace a
+case of the admission of a foreign state or a foreign territory
+into the Union by an act of legislation and "such an
+act would have no binding power whatever on the people
+of Massachusetts." This was a fresh outcropping of
+the bitterness which had prevailed in the New England
+States against the acquisition of Louisiana.</p>
+
+<p>Thus it appears that, although the Constitution did
+create courts to decide all disputes arising under it, the
+particularism which previously prevailed continued to
+exist. Nationalism was an aftergrowth proceeding from
+the habit into which the people fell of finding their common
+centre of gravity at Washington City, and of viewing
+it as the place where the American name and fame
+were embodied and emblazoned to the world. During the
+first half-century the North and the South were changing
+coats from time to time on the subject of state sovereignty,
+but meanwhile the Constitution itself was working
+silently and imperceptibly in the North to undermine
+particularism and to strengthen nationalism. It had
+accomplished its educational work in the early thirties
+when it found its complete expression in Webster's reply
+to Hayne. But the South believed just as firmly that<span class="pagenum"><a id="Page_xxvii">[xxvii]</a></span>
+Hayne was the victor in that contest, as the North
+believed that Webster was. Hayne's speech was not
+generally read in the North either then or later. It
+was not inferior, in the essential qualities of dignity,
+courtesy, legal lore, and oratorical force, to that of his
+great antagonist. Webster here met a foeman worthy
+of his steel.</p>
+
+<p>In the South the pecuniary interests bottomed on
+slavery offset and neutralized the unifying process that
+was ripening in the North. The slavery question entered
+into the debate between Webster and Calhoun in 1833
+sufficiently to show that it lay underneath the other
+questions discussed. Calhoun, in the speech referred to,
+reproached Forsyth, of Georgia, for dullness in not seeing
+how state rights and slavery were dovetailed together and
+how the latter depended on the former.</p>
+
+<p>That African slavery was the most direful curse that
+ever afflicted any civilized country may now be safely
+affirmed. It had its beginning in our country in the
+year 1619 at Jamestown, Virginia, where a Dutch warship
+short of provisions exchanged fourteen negroes for a
+supply thereof. Slavery of both Indians and negroes
+already existed in the West Indies and was regarded with
+favor by the colonists and their home governments. It
+began in Massachusetts in 1637 as a consequence of hostilities
+with the aborigines, the slaves being captives taken
+in war. They were looked upon by the whites as heathen
+and were treated according to precedents found in the
+Old Testament for dealing with the enemies of Jehovah.
+In order that they might not escape from servitude they
+were sent to the West Indies to be exchanged for negroes,
+and this slave trade was not restricted to captives taken
+in war, but was applied to any red men who could be
+safely seized and shipped away.</p><p><span class="pagenum"><a id="Page_xxviii">[xxviii]</a></span></p>
+
+<p>From these small beginnings slavery spread over all the
+colonies from Massachusetts to Georgia and lasted in all
+of them for a century and a half, i.e., until after the close
+of the Revolutionary War. Then it began to lose ground
+in the Northern States. Public sentiment turned against
+it in Massachusetts, but all attempts to abolish it there
+by act of the legislature failed. Its death-blow was given
+by a judicial decision in 1783 in a case where a master was
+prosecuted, convicted, and fined forty shillings for beating
+a slave.<a id="FNanchor_4_4"></a><a href="#Footnote_4_4" class="fnanchor">[4]</a></p>
+
+<p>Public opinion sustained this judgment, although there
+had been no change in the law since the time when the
+Pequot Indians were sent by shiploads to the Bermudas
+to be exchanged for negroes. If masters could not punish
+their slaves in their discretion,&mdash;if slaves had any rights
+which white men were bound to respect,&mdash;slavery was
+virtually dead. No law could kill it more effectually.</p>
+
+<p>In one way and another the emancipation movement
+extended southward to and including Pennsylvania in the
+later years of the eighteenth century. Nearly all the
+statesmen of the Revolution looked upon the institution
+with disfavor and desired its extinction. Thomas
+Jefferson favored gradual emancipation in Virginia, to
+be coupled with deportation of the emancipated blacks,
+because he feared trouble if the two races were placed
+upon an equality in the then slaveholding states. He
+labored to prevent the extension of slavery into the new
+territories, and he very nearly succeeded. In the year
+1784 he reported an ordinance in the Congress of the
+Confederation to organize all the unoccupied territory,
+both north and south of the Ohio River, in ten subdivisions,
+in all of which slavery should be forever prohibited,
+and this ordinance failed of adoption by only one
+<span class="pagenum"><a id="Page_xxix">[xxix]</a></span>vote. Six states voted in the affirmative. Seven were
+necessary. Only one representative of New Jersey happened
+to be present, whereas two was the smallest number
+that could cast the vote of any state. If one other
+member from New Jersey had been there, the Jeffersonian
+ordinance of 1784 would have passed; slavery would have
+been restricted to the seaboard states which it then occupied,
+and would never have drawn the sword against
+the Union, and the Civil War would not have taken
+place.<a id="FNanchor_5_5"></a><a href="#Footnote_5_5" class="fnanchor">[5]</a></p>
+
+<p>After the emancipation movement came to a pause,
+at the southern border of Pennsylvania, the fact became
+apparent that there was a dividing line between free
+states and slave states, and a feeling grew up in both sections
+that neither of them ought to acquire a preponderance
+of power and mastery over the other. The slavery
+question was not concerned with this dispute, but a habit
+grew up of admitting new states to the Union in pairs,
+in order to maintain a balance of power in the national
+Senate. Thus Kentucky and Vermont offset each other,
+then Tennessee and Ohio, then Louisiana and Indiana,
+then Mississippi and Illinois.</p>
+
+<p>In 1819, Alabama, a new slave state, was admitted to
+the Union and there was no new free state to balance it.
+The Territory of Missouri, in which slavery existed, was
+applying for admission also. While Congress was considering
+the Missouri bill, Mr. Tallmadge, of New York,
+with a view of preserving the balance of power, offered an
+<span class="pagenum"><a id="Page_xxx">[xxx]</a></span>amendment providing for the gradual emancipation of
+slaves in the proposed state, and prohibiting the introduction
+of additional slaves. This amendment was
+adopted by the House by a sectional vote, nearly all the
+Northern members voting for it and the Southern ones
+against it, but it was rejected by the Senate.</p>
+
+<p>In the following year the Missouri question came up
+afresh, and Senator Thomas, of Illinois, proposed, as a
+compromise, that Missouri should be admitted to the
+Union with slavery, but that in all the remaining territory
+north of 36 degrees and 30 minutes north latitude,
+slavery should be forever prohibited. This amendment
+was adopted in the Senate by 24 to 20, and in the House
+by 90 to 87. Of the affirmative votes in the House only
+fourteen were from the North, and nearly all of these
+fourteen members became so unpopular at home that
+they lost their seats in the next election. The Missouri
+Compromise was generally considered a victory for the
+South, but one great Southerner considered it the death-knell
+of the Union. Thomas Jefferson was still living, at
+the age of seventy-seven. He saw what this sectional rift
+portended, and he wrote to John Holmes, one of his correspondents,
+under date of April 22, 1820:</p>
+
+<blockquote><p>This momentous question, like a fire-bell in the night,
+awakened me and filled me with terror. I considered it at once
+as the knell of the Union. It is hushed, indeed, for the moment.
+But this is a reprieve only, not a final sentence. A geographical
+line, coinciding with a marked principle, moral and political,
+once conceived and held up to the angry passions of men, will
+never be obliterated, and every new irritation will mark it
+deeper and deeper.</p></blockquote>
+
+<p>Nearly all of the emancipationists, during the decade
+following the adoption of the Compromise, were in the
+slaveholding states, since the evil had its seat there. The<span class="pagenum"><a id="Page_xxxi">[xxxi]</a></span>
+Colonization Society's headquarters were in Washington
+City. Its president, Bushrod Washington, was a Virginian,
+and James Madison, Henry Clay, and John Randolph,
+leading Southerners, were its active supporters.
+The only newspaper devoted specially to the cause (the
+<i>Genius of Universal Emancipation</i>), edited by Benjamin
+Lundy and William Lloyd Garrison, was published in the
+city of Baltimore. This paper was started in 1829, but
+it was short-lived. Mr. Garrison soon perceived that
+colonization, depending upon voluntary emancipation
+alone, would never bring slavery to an end, since emancipation
+was doubtful and sporadic, while the natural increase
+of slaves was certain and vastly greater than their
+possible deportation. For this reason he began to advocate
+emancipation without regard to colonization. This
+policy was so unpopular in Maryland and Virginia that
+his subscription list fell nearly to zero, and this compelled
+the discontinuance of the paper and his removal to another
+sphere of activity. He returned to his native state,
+Massachusetts, and there started another newspaper,
+entitled the <i>Liberator</i>, in 1831. The first anti-slavery
+crusade in the North thus had its beginning. It did not
+take the form of a political party. It was an agitation, an
+awakening of the public conscience. Its tocsin was immediate
+emancipation, as opposed to emancipation conditioned
+upon deportation.</p>
+
+<p>The slaveholders were alarmed by this new movement
+at the North. They thought that it aimed to incite slave
+insurrection. The governor of South Carolina made it the
+subject of a special message. The legislature of Georgia
+passed and the governor signed resolutions offering a
+reward of $5000 to anybody who would bring Mr. Garrison
+to that state to be tried for sedition. The mayor
+of Boston was urged by prominent men in the South to<span class="pagenum"><a id="Page_xxxii">[xxxii]</a></span>
+suppress the <i>Liberator</i>, although the paper was then so
+obscure at home that the mayor had never seen a copy of
+it, or even heard of its existence. The fact that there was
+any organized expression of anti-slavery thought anywhere
+was first made generally known at the North by
+the extreme irritation of the South; and when the temper
+of the latter became known, the vast majority of Northern
+people sided with their Southern brethren. They
+were opposed to anything which seemed likely to lead to
+slave insurrection or to a disruption of the Union. The
+abolitionist agitation seemed to be a provocation to both.
+Hence arose anger and mob violence against the abolitionists
+everywhere. This feeling took the shape of a
+common understanding not to countenance any discussion
+of the slavery question in any manner or anywhere.
+The execution of this tacit agreement fell for the most
+part into the hands of the disorderly element of society,
+but disapproval of the Garrisonian crusade was expressed
+by men of the highest character in the New England
+States, such as William Ellery Channing and Dr.
+Francis Wayland. The latter declined to receive the
+<i>Liberator</i>, when it was sent to him gratuitously.</p>
+
+<hr class="tb" />
+
+<p>What was going on in the South during the thirties and
+forties of the last century? There were varying shades of
+opinion and mixed motives and fluctuating political currents.
+In the first place cotton-growing had been made
+profitable by the invention of the cotton-gin. This
+machine for separating the seeds from the fibre of the
+cotton plant caused an industrial revolution in the world,
+and its moral consequences were no less sweeping. It
+changed the slaveholder's point of view of the whole
+slavery question. The previously prevailing idea that
+slavery was morally wrong, and an evil to both master<span class="pagenum"><a id="Page_xxxiii">[xxxiii]</a></span>
+and slave, gradually gave way to the belief that it was
+beneficial to both, that it was an agency of civilization
+and a means of bringing the blessings of Christianity to
+the benighted African. This change of sentiment in the
+South, which became very marked in the early thirties,
+has been ascribed to the bad language of the abolitionists
+of the North. People said that the prime cause of the
+trouble was that Garrison and his followers did not speak
+easy. They were too vociferous. They used language calculated
+to make Southerners angry and to stir up slave
+insurrection. But how could anybody draw the line
+between different tones of voice and different forms of
+expression? Thomas Jefferson was not a speak-easy. He
+said that one hour of slavery was fraught with more
+misery than ages of that which led us to take up arms
+against Great Britain. If Garrison ever said anything
+more calculated to incite slaves to insurrection than that,
+I cannot recall it. On the other hand, Elijah Lovejoy, at
+Alton, Illinois, was a speak-easy. He did not use any
+violent language, but he was put to death by a mob for
+making preparations to publish a newspaper in which
+slavery should be discussed in a reasonable manner, if
+there was such a manner.</p>
+
+<p>Nevertheless, the Garrisonian movement was erroneously
+interpreted at the South as an attempt to incite
+slave insurrection with the attendant horrors of rapine and
+bloodshed. There were no John Browns then, and Garrison
+himself was a non-resistant, but since insurrection
+was a possible consequence of agitation, the Southern
+people demanded that the agitation should be put down
+by force. As that could not be done in any lawful way,
+and since unlawful means were ineffective, they considered
+themselves under a constant threat of social upheaval
+and destruction. The repeated declaration of<span class="pagenum"><a id="Page_xxxiv">[xxxiv]</a></span>
+Northern statesmen that there never would be any outside
+interference with slavery in the states where it existed,
+did not have any quieting effect upon them. The
+fight over the Missouri Compromise had convinced them
+that the North would prevent, if possible, the extension
+of slavery to the new territories, and that this meant confining
+the institution to a given space, where it would
+be eventually smothered. It might last a long time in its
+then boundaries, but it would finally reach a limit where
+its existence would depend upon the forbearance of its
+enemies. Then the question which perplexed Thomas
+Jefferson would come up afresh: "What shall be done
+with the blacks?" Mr. Garrott Brown, of Alabama, a
+present-day writer of ability and candor, thinks that the
+underlying question in the minds of the Southern people
+in the forties and fifties of the last century was not chiefly
+slavery, but the presence of Africans in large numbers,
+whether bond or free. This included the slavery question
+as a dollar-and-cent proposition and something more.
+Mrs. Fanny Kemble Butler, who lived on a Georgia plantation
+in the thirties, said that the chief obstacle to emancipation
+was the fact that every able-bodied negro could
+be sold for a thousand dollars in the Charleston market.
+Both fear and cupidity were actively at work in the
+Southern mind.</p>
+
+<p>In short, there was already an irrepressible conflict in
+our land, although nobody had yet used those words.
+There was a fixed opinion in the North that slavery was
+an evil which ought not to be extended and enlarged;
+that the same reasons existed for curtailing it as for stopping
+the African slave trade. There was a growing opinion
+in the South that such extension was a vital necessity
+and that the South in contending for it was contending
+for existence. The prevailing thought in that quarter was<span class="pagenum"><a id="Page_xxxv">[xxxv]</a></span>
+that the Southern people were on the defensive, that they
+were resisting aggression. In this feeling they were sincere
+and they gave expression to it in very hot temper.</p>
+
+<p>General W. T. Sherman, who was at the head of an
+institution of learning for boys in Louisiana in 1859, felt
+that he was treading on underground fires. In December
+of that year he wrote to Thomas Ewing, Jr.:</p>
+
+<blockquote><p>Negroes in the great numbers that exist here must of necessity
+be slaves. Theoretical notions of humanity and religion
+cannot shake the commercial fact that their labor is of
+great value and cannot be dispensed with. Still, of course,
+I wish it never had existed, for it does make mischief. No
+power on earth can restrain opinion elsewhere and these
+opinions expressed beget a vindictive feeling. The mere
+dread of revolt, sedition, or external interference makes men,
+ordinarily calm, almost mad. I, of course, do not debate the
+question, and moderate as my views are, I feel that I am
+suspected, and if I do not actually join in the praises of
+slavery I may be denounced as an abolitionist.<a id="FNanchor_6_6"></a><a href="#Footnote_6_6" class="fnanchor">[6]</a></p></blockquote>
+
+<div class="footnotes">
+
+<h3>FOOTNOTES:</h3>
+
+<div class="footnote"><p><a id="Footnote_1_1"></a><a href="#FNanchor_1_1"><span class="label">[1]</span></a> Mr. H. C. Lodge, in his <i>Life of Daniel Webster</i>, says, touching the debate
+with Hayne in 1830:
+</p><p>
+"When the Constitution was adopted by the votes of states at Philadelphia,
+and accepted by the votes of states in popular conventions, it is safe to say that
+there was not a man in the country, from Washington and Hamilton, on the one
+side, to George Clinton and George Mason, on the other, who regarded the new
+system as anything but an experiment entered upon by the states, and from
+which each and every state had the right to peaceably withdraw, a right which
+was very likely to be exercised."
+</p><p>
+Mr. Gaillard Hunt, author of the <i>Life of James Madison</i>, and editor of
+his writings, has published recently a confidential memorandum dated
+May 11, 1794, written by John Taylor of Caroline for Mr. Madison's information,
+giving an account of a long and solemn interview between himself and
+Rufus King and Oliver Ellsworth, in which the two latter affirmed that, by
+reason of differences of opinion between the East and the South, as to the
+scope and functions of government, the Union could not last long. Therefore
+they considered it best to have a dissolution at once, by mutual consent,
+rather than by a less desirable mode. Taylor, on the other hand, thought
+that the Union should be supported if possible, but if not possible he agreed
+that an amicable separation was preferable. Madison wrote at the bottom
+of this paper the words: "The language of K and E probably <i>in terrorem</i>,"
+and laid it away so carefully that it never saw the light until the year 1905.</p></div>
+
+<div class="footnote"><p><a id="Footnote_2_2"></a><a href="#FNanchor_2_2"><span class="label">[2]</span></a> <i>Letters of Daniel Webster</i>, edited by C. W. Van Tyne, p. 67. Mr. Van Tyne
+says that Webster "here advocated a doctrine hardly distinguishable from
+nullification."</p></div>
+
+<div class="footnote"><p><a id="Footnote_3_3"></a><a href="#FNanchor_3_3"><span class="label">[3]</span></a> Referring to this speech of Calhoun and to Webster's reply, Mr. Lodge
+says:
+</p><p>
+"Whatever the people of the United States understood the Constitution to
+mean in 1789, there can be no question that a majority in 1833 regarded it as
+a fundamental law and not a compact,&mdash;an opinion which has now become
+universal. But it was quite another thing to argue that what the Constitution
+had come to mean was what it meant when it was adopted."
+</p><p>
+See also Pendleton's <i>Life of Alexander H. Stephens</i>, chap. <span class="smcap">XI.</span></p></div>
+
+<div class="footnote"><p><a id="Footnote_4_4"></a><a href="#FNanchor_4_4"><span class="label">[4]</span></a> G. H. Moore's <i>History of Slavery in Massachusetts</i>, p. 215.</p></div>
+
+<div class="footnote"><p><a id="Footnote_5_5"></a><a href="#FNanchor_5_5"><span class="label">[5]</span></a> Jefferson was cut to the heart by this failure. Commenting on an
+article entitled "&Eacute;tats Unis" in the <i>Encylop&eacute;die</i>, written by M. de Meusnier,
+referring to his proposed anti-slavery ordinance, he said:
+</p><p>
+"The voice of a single individual of the State which was divided, or one
+of those which were of the negative, would have prevented this abominable
+crime from spreading itself over the new country. Thus we see the fate
+of millions unborn hanging on the tongue of one man, and Heaven was silent
+in that awful moment."</p></div>
+
+<div class="footnote"><p><a id="Footnote_6_6"></a><a href="#FNanchor_6_6"><span class="label">[6]</span></a> <i>General W. T. Sherman as College President</i>, p. 88.</p></div>
+</div>
+
+<hr class="chap" />
+
+<p><span class="pagenum"><a id="Page_1">[1]</a></span></p>
+
+<h2 id="THE_LIFE_OF_LYMAN_TRUMBULL">THE LIFE OF LYMAN TRUMBULL</h2>
+
+<hr class="chap" />
+
+<h2 id="CHAPTER_I">CHAPTER I</h2>
+
+<p class="h3">ANCESTRY AND EARLY LIFE</p>
+
+<p>The subject of this memoir was born in Colchester,
+Connecticut, October 12, 1813. The Trumbull family
+was the most illustrious in the state, embracing three
+governors and other distinguished men. All were descendants
+of John Trumbull (or rather "Trumble"<a id="FNanchor_7_7"></a><a href="#Footnote_7_7" class="fnanchor">[7]</a>), a
+cooper by trade, and his wife, Ellenor Chandler, of Newcastle,
+England, who migrated to Massachusetts in 1639,
+and settled first in Roxbury and removed to Rowley in the
+following year. Two sons were born to them in Newcastle-on-Tyne:
+Beriah, 1637 (died in infancy), and John, 1639.</p>
+
+<p>The latter at the age of thirty-one removed to Suffield,
+Connecticut. He married and had four sons: John,
+Joseph, Ammi, and Benoni.</p>
+
+<p>Captain Benoni Trumbull, married to Sarah Drake
+and settled in Lebanon, Connecticut, had a son, Benjamin,
+born May 11, 1712.</p>
+
+<p>This Benjamin, married to Mary Brown of Hebron,
+Connecticut, had a son, Benjamin, born December 19,
+1735.</p>
+
+<p>This son was graduated at Yale College in 1759, and
+studied for the ministry; he was ordained in 1760 at
+North Haven, Connecticut, where he officiated nearly
+<span class="pagenum"><a id="Page_2">[2]</a></span>sixty years, his preaching being interrupted only by the
+Revolutionary War, in which he served both as soldier
+and as chaplain. He was the author of the standard
+colonial history of Connecticut. He was married to Miss
+Martha Phelps in 1760. They had two sons and five
+daughters.</p>
+
+<p>The elder son, Benjamin, born in North Haven,
+September 24, 1769, became a lawyer and married
+Elizabeth Mather, of Saybrook, Connecticut, March 15,
+1800, and settled in Colchester, Connecticut. The wife
+was a descendant of Rev. Richard Mather, who migrated
+from Liverpool, England, to Massachusetts in 1635, and
+was the father of Increase Mather and grandfather of
+Cotton Mather, both celebrated in the church history of
+New England. Eleven children were born to these parents,
+of whom Lyman was the seventh. This Benjamin
+Trumbull was a graduate of Yale College, representative
+in the legislature, judge for the probate districts of East
+Haddam and Colchester, and died in Henrietta, Jackson
+County, Michigan, June 14, 1850, aged eighty-one. His
+wife died October 20, 1828, in her forty-seventh year.
+Lyman Trumbull was thus in the seventh generation of
+the Trumbulls in America.<a id="FNanchor_8_8"></a><a href="#Footnote_8_8" class="fnanchor">[8]</a></p>
+
+<p>Five brothers and two sisters of Lyman reached maturity.
+A family of this size could not be supported by
+the fees earned by a country lawyer in the early part of
+the nineteenth century. The only other resource available
+was agriculture. Thus the Trumbull children began
+life on a farm and drew their nourishment from the soil
+cultivated by their own labor. It is recorded that, although
+the father and the grandfather of Lyman were
+graduates of Yale College, chill penury prevented him
+from having similar advantages of education. His schooling
+was obtained at Bacon Academy, in Colchester,
+which was of high grade, and second only to Yale among
+the educational institutions of the state. Here the boy
+Lyman took the lessons in mathematics that were customary
+in the academies of that period, and became conversant
+with Virgil and Cicero in Latin and with Xenophon,
+Homer, and the New Testament in Greek.</p>
+
+<p><a id="Page_3"></a></p>
+
+<div class="figcenter">
+<img src="images/041-gray.jpg" width="600" height="405" alt="" />
+</div>
+
+<p class="caption">BIRTHPLACE OF LYMAN TRUMBULL, COLCHESTER, CONN.</p>
+
+<p>The opportunities to put an end to one's existence are
+so common to American youth that it is cause for wonder
+that so many of them reach mature years. Young Trumbull
+was not lacking in such facilities. The following incident
+is well authenticated, being narrated in part in his
+own handwriting:</p>
+
+<blockquote><p>When about thirteen years old he was playing ball one cold
+day in the family yard. The well had a low curbing around
+it and was covered by a round flat stone with a round hole in
+the top of it. He ran towards the well for the ball, which he
+picked up and threw quickly. As he did so his foot slipped on
+the ice and he went head first down the well. His recollection
+of the immediate details is vague, but he did not break his neck
+or stun himself on the rocky sides, but appears to have gone
+down like a diver, and somehow managed to turn in the narrow
+space and come up head first. The well had an old-fashioned
+sweep with a bucket on it, which his brothers promptly lowered
+and he was hoisted out, drenched and cold, but apparently not
+otherwise injured.</p></blockquote>
+
+<p>He attended school and worked on the farm until he
+was eighteen years of age when he earned some money by
+<span class="pagenum"><a id="Page_4">[4]</a></span>
+teaching the district school one year at Portland, Connecticut.
+At the age of nineteen he taught school one
+winter in New Jersey, returning to Colchester the following
+summer. He had established a character for rectitude,
+industry, modesty, sobriety, and good manners, so
+that when, in his twentieth year (1833), he decided to go
+to the state of Georgia to seek employment as a school-teacher,
+nearly all the people in the village assembled to
+wish him godspeed on that long journey, which was made
+by schooner, sailing from the Connecticut River to
+Charleston, South Carolina. The voyage was tempestuous
+but safe, and he arrived at Charleston with one
+hundred dollars in his pocket which his father had given
+him as a start in life. This money he speedily returned
+out of his earnings because he thought his father needed
+it more than himself.</p>
+
+<p>A memorandum made by himself records that "on the
+evening of the day when he arrived at Charleston a
+nullification meeting was held in a large warehouse. The
+building was crowded, so he climbed up on a beam overhead
+and from that elevated position overlooked a
+Southern audience and heard two of the most noted
+orators in the South, Governor Hayne, and John C.
+Calhoun, then a United States Senator. He remembers
+little of the impression they made upon a youth of
+twenty, except that he thought Hayne an eloquent
+speaker."</p>
+
+<p>From Charleston he went by railroad (the first one he
+had ever seen and one of the earliest put in operation in
+the United States) to a point on the Savannah River
+opposite Augusta, Georgia, and thence by stage to
+Milledgeville, which was then the capital of Georgia.
+From Milledgeville he walked seventy-five miles to Pike
+County, where he had some hope of finding employment.<span class="pagenum"><a id="Page_5">[5]</a></span>
+Being disappointed there he continued his journey on
+foot to Greenville, Meriwether County, where he had
+more success even than he had expected, for he obtained
+a position as principal of the Greenville Academy at a
+salary of two hundred dollars per year in addition to the
+fees paid by the pupils. This position he occupied for
+three years.</p>
+
+<p>While at Greenville he employed his leisure hours
+reading law in the office of Hiram Warner, judge of the
+superior court of Georgia, afterwards judge of the
+supreme court of the state and member of Congress. In
+this way he acquired the rudiments of the profession. As
+soon as he had gained sufficient capital to make a start in
+life elsewhere, he bought a horse, and, in March, 1837,
+took the trail through the "Cherokee Tract" toward the
+Northwest. This trail was a pathway formed by driving
+cattle and swine through the forest from Kentucky and
+Tennessee to Georgia. Dr. Parks, of Greenville, accompanied
+Trumbull during a portion of the journey. They
+traveled unarmed but safely, although Trumbull carried
+a thousand dollars on his person, the surplus earnings of
+his three years in Georgia. For a young man of twenty-four
+years without a family this was affluence in those
+days.</p>
+
+<p>Through Kentucky, Trumbull continued his journey
+without any companion and made his entrance into
+Illinois at Shawneetown, on the Ohio River, where he
+presented letters of introduction from his friends in
+Georgia and was cordially welcomed. After a brief stay
+at that place he continued his journey to Belleville, St.
+Clair County, bearing letters of introduction from his
+Shawneetown friends to Adam W. Snyder and Alfred
+Cowles, prominent members of the bar at Belleville.
+Both received him with kindness and encouraged him to<span class="pagenum"><a id="Page_6">[6]</a></span>
+make his home there. This he decided to do, but he first
+made a visit to his parental home in Colchester, going
+on horseback by way of Jackson, Michigan, near which
+town three of his older brothers, David, Erastus, and
+John, had settled as farmers.</p>
+
+<p>Returning to Belleville in August, 1837, he entered the
+law office of Hon. John Reynolds, ex-governor of the
+state, who was then a Representative in Congress and
+was familiarly known as the "Old Ranger." Reynolds
+held, at one time and another, almost every office that
+the people of Illinois could bestow, but his fame rests on
+historical writings composed after he had withdrawn
+from public life.<a id="FNanchor_9_9"></a><a href="#Footnote_9_9" class="fnanchor">[9]</a></p>
+
+<p>For how long a time Trumbull's connection with
+Governor Reynolds continued, our records do not say,
+but we know that he had an office of his own in Belleville
+three years later, and that his younger brother George
+had joined him as a student and subsequently became his
+partner.</p>
+
+<p>The practice of the legal profession in those days was
+accomplished by "riding on the circuit," usually on
+horseback, from one county seat to another, following the
+circuit judge, and trying such cases as could be picked up
+by practitioners en route, or might be assigned to them
+by the judge. Court week always brought together a
+crowd of litigants and spectators, who came in from the
+<span class="pagenum"><a id="Page_7">[7]</a></span>surrounding country with their teams and provisions,
+and often with their wives and children, and who lived
+in their own covered wagons. The trial of causes was the
+principal excitement of the year, and the opposing lawyers
+were "sized up" by juries and audience with a pretty
+close approach to accuracy. After adjournment for the
+day, the lawyers, judges, plaintiffs, defendants, and leading
+citizens mingled together in the country tavern,
+talked politics, made speeches or listened to them, cracked
+jokes and told stories till bedtime, and took up the unfinished
+lawsuit, or a new one, the next day. In short,
+court week was circus, theatre, concert, and lyceum to the
+farming population, but still more was it a school of
+politics, where they formed opinions on public affairs
+and on the mental calibre of the principal actors therein.</p>
+
+<p>Two letters written by Trumbull in 1837 to his father
+in Colchester have escaped the ravages of time. Neither
+envelopes nor stamps existed then. Each letter consisted
+of four pages folded in such a manner that the
+central part of the fourth page, which was left blank,
+received the address on one side and a wafer or a daub of
+sealing wax on the other. The rate of postage was twenty-five
+cents per letter, and the writers generally sought to
+get their money's worth by taking a large sheet of paper
+and filling all the available space. Prepayment of postage
+was optional, but the privilege of paying in advance was
+seldom availed of, the writers not incurring the risk of
+losing both letters and money. Irregularity in the mails
+is noted by Trumbull, who mentions that a letter from
+Colchester was fifteen days en route, while a newspaper
+made the same distance in ten.</p>
+
+<p>In a letter dated October 9, 1837, he tells his father
+that he is already engaged in a law case involving the
+ownership of a house. If he finds that he can earn his<span class="pagenum"><a id="Page_8">[8]</a></span>
+living in the practice of law, he shall like Belleville very
+much. In the same missive he tells his sister Julia that
+balls and cotillions are frequent in Belleville, and that he
+had attended one, but did not dance. It was the first time
+he had attended a social gathering since he left home in
+1833. He adds, "There are more girls here than I was
+aware of. At the private party I attended, there were
+about fifteen, all residing in town." The writer was then
+at the susceptible age of twenty-four.</p>
+
+<p>The other letter gives an account of the Alton riot and
+the killing of Rev. Elijah P. Lovejoy. This is one of the
+few contemporary accounts we have of that shocking
+event. Although he was not an eye-witness of the riot,
+the facts as stated are substantially correct, and the comments
+give us a view of the opinions of the writer at the
+age of twenty-four, touching a subject in which he was
+destined to play an important part. The letter is subjoined:</p>
+
+<blockquote><p>
+
+<span class="smcap">Belleville, Sunday</span>, Nov. 12, 1837.<br />
+</p>
+
+<p><span class="smcap">Dear Father:</span> Since my last to you there has been a mob to
+put down Abolitionism, in Alton, thirty-five miles northwest
+of this place, in which two persons were killed and six or seven
+badly wounded. The immediate cause of the riot was the
+attempt by a Mr. Lovejoy to establish at Alton a religious
+newspaper in which the principles of slavery were sometimes
+discussed. Mr. Lovejoy was a Presbyterian minister and formerly
+edited a newspaper in St. Louis, but having published
+articles in his paper in relation to slavery which were offensive
+to the people of St. Louis, a mob collected, broke open his
+office, destroyed his press and type and scattered it through
+the streets. Immediately after this transaction, which was about
+a year since, Mr. Lovejoy left St. Louis, and removed to Alton,
+where he attempted to re-establish his press, but he had not
+been there long before a mob assembled there also, broke into
+his office and destroyed his press. In a short time Mr. Lovejoy
+ordered another press which, soon after its arrival in Alton,<span class="pagenum"><a id="Page_9">[9]</a></span>
+was taken from the warehouse (where it was deposited), by a
+mob, and in like manner destroyed. Again he ordered still
+another press, which arrived in Alton on the night of the 7th
+inst., and was safely deposited in a large stone warehouse four
+or five storeys high.</p>
+
+<p>Previous to the arrival of this press, the citizens of Alton held
+several public meetings and requested Mr. L. to desist from
+attempting to establish his press there, but he refused to do so.
+Heretofore no resistance had ever been offered to the mob, but
+on the night of the 8th inst., as it was supposed that another
+attempt might possibly be made to destroy the press, Mr. L.
+and some 18 or 20 of his friends armed themselves and remained
+in the warehouse, where Mr. Gilman, one of the
+owners of the house, addressed the mob from a window, and
+urged them to desist, told them that there were several armed
+men in the house and that they were determined to defend
+their property. The mob demanded the press, which not being
+given them, they commenced throwing stones at the house and
+attempted to get into it. Those from within then fired and
+killed a man of the name of Bishop. The mob then procured
+arms, but were unable to get into the house. At last they
+determined on firing it, to which end, as it was stone, they had
+to get on the roof, which they did by means of a ladder. The
+firing during all this time, said to be about an hour, was continued
+on both sides. Mr. Lovejoy having made his appearance
+near one of the doors was instantly shot down, receiving four
+balls at the same moment. Those within agreed to surrender if
+their lives would be protected, and soon threw open the doors
+and fled. Several shots were afterward fired, but no one was
+seriously injured. The fire was then extinguished and the press
+taken and destroyed.</p>
+
+<p>So ended this awful catastrophe which, as you may well suppose,
+has created great excitement through this section of the
+country. Mr. Lovejoy is said to have been a very worthy man,
+and both friends and foes bear testimony to the excellence of his
+private character. Here, the course of the mob is almost universally
+reprobated, for whatever may have been the sentiments
+of Mr. Lovejoy, they certainly did not justify the mob
+taking his life. It is understood here that Mr. L. was never in
+the habit of publishing articles of an insurrectionary character,<span class="pagenum"><a id="Page_10">[10]</a></span>
+but he reasoned against slavery as being sinful, as a moral and
+political evil.</p>
+
+<p>His death and the manner in which he was slain will make
+thousands of Abolitionists, and far more than his writings
+would have made had he published his paper an hundred years.
+This transaction is looked on here, as not only a disgrace to
+Alton, but to the whole State. As much as I am opposed to the
+immediate emancipation of the slaves and to the doctrine of
+Abolitionism, yet I am more opposed to mob violence and outrage,
+and had I been in Alton, I would have cheerfully marched
+to the rescue of Mr. Lovejoy and his property.</p>
+
+<p>
+Yours very affectionately,<br />
+<br />
+<span class="smcap">Lyman Trumbull</span>.<br />
+</p>
+</blockquote>
+
+<p>After three years of riding on the circuit, Trumbull
+was elected, in 1840, a member of the lower house of the
+state legislature from St. Clair County. In politics he was
+a Democrat as was his father before him. This was the
+twelfth general assembly of the state. Among his fellow
+members were Abraham Lincoln, E. D. Baker, William
+A. Richardson, John J. Hardin, John. A. McClernand,
+William H. Bissell, Thomas Drummond, and Joseph
+Gillespie, all of whom were destined to higher positions.</p>
+
+<p>Trumbull was now twenty-seven years of age. He soon
+attracted notice as a debater. His style of speaking was
+devoid of ornament, but logical, clear-cut, and dignified,
+and it bore the stamp of sincerity. He had a well-furnished
+mind, and was never at loss for words. Nor
+was he ever intimidated by the number or the prestige of
+his opponents. He possessed calm intellectual courage,
+and he never declined a challenge to debate; but his manner
+toward his opponents was always that of a high-bred
+gentleman.</p>
+
+<p>On the 27th of February, 1841, Stephen A. Douglas,
+who was Trumbull's senior by six months, resigned the
+office of secretary of state of Illinois to take a seat on<span class="pagenum"><a id="Page_11">[11]</a></span>
+the supreme bench, and Trumbull was appointed to the
+vacancy. There had been a great commotion in state
+politics over this office before Trumbull was appointed to
+it. Under the constitution of the state, the governor had
+the right to appoint the secretary, but nothing was said
+in that instrument about the power of removal. Alexander
+P. Field had been appointed secretary by Governor
+Edwards in 1828, and had remained in office under
+Governors Reynolds and Duncan. Originally a strong
+Jackson man, he was now a Whig. When Governor
+Carlin (Democrat) was elected in 1838 he decided to
+make a new appointment, but Field refused to resign and
+denied the governor's right to remove him. The State
+Senate sided with Field by refusing to confirm the new
+appointee, John A. McClernand. After the adjournment
+of the legislature, the governor reappointed McClernand,
+who sued out a writ of <i>quo warranto</i> to oust Field. The
+supreme court, consisting of four members, three of whom
+were Whigs, decided in favor of Field. The Democrats
+then determined to reform the judiciary. They passed
+a bill in the legislature adding five new judges to the
+supreme bench. "It was," says historian Ford, "confessedly
+a violent and somewhat revolutionary measure
+and could never have succeeded except in times of great
+party excitement." In the mean time Field had retired
+and the governor had appointed Douglas secretary of
+state, and Douglas was himself appointed one of the five
+new members of the supreme court. Accordingly he
+resigned, after holding the office only two months, and
+Trumbull was appointed to the vacancy without his own
+solicitation or desire.</p>
+
+<p>Two letters written by Trumbull in 1842 acquaint us
+with the fact that his brother Benjamin had removed
+with his family from Colchester to Springfield and was<span class="pagenum"><a id="Page_12">[12]</a></span>
+performing routine duties in the office of the secretary of
+state, while Trumbull occupied his own time for the most
+part in the practice of law before the supreme court. He
+adds: "I make use of one of the committee rooms in the
+State House as a sleeping-room, so you see I almost live
+in the State House, and am the only person who sleeps in
+it. The court meets here and all the business I do is
+within the building." Not quite all, for in another letter
+(November 27, 1842) he confides to his sister Julia that
+a certain young lady in Springfield was as charming as
+ever, but that he had not offered her his hand in marriage,
+and that even if he should do so, it was not certain
+that she would accept it.</p>
+
+<p>Trumbull had held the office of secretary of state two
+years when his resignation was requested by Governor
+Carlin's successor in office, Thomas Ford, author of a
+<i>History of Illinois from 1814 to 1847</i>. In his book Ford
+tells his reasons for asking Trumbull's resignation. They
+had formed different opinions respecting an important
+question of public policy, and Trumbull, although holding
+a subordinate office, had made a public speech in
+opposition to the governor's views.<a id="FNanchor_10_10"></a><a href="#Footnote_10_10" class="fnanchor">[10]</a> Of course he did this
+on his own responsibility as a citizen and a member of
+the same party as the governor. He acknowledged the
+governor's right to remove him, and he made no complaint
+against the exercise of it.</p>
+<p><span class="pagenum"><a id="Page_13">[13]</a></span></p>
+<p>The question of public policy at issue between Ford
+and Trumbull related to the State Bank, which had
+failed in February, 1842, and whose circulating notes,
+amounting to nearly $3,000,000, had fallen to a discount
+of fifty cents on the dollar. Acts legalizing the bank's
+suspension had been passed from time to time and things
+had gone from bad to worse. At this juncture a new bill
+legalizing the suspension for six months longer was prepared
+by the governor and at his instance was reported
+favorably by the finance committee of the House. Trumbull
+opposed this measure, and made a public speech
+against it. He maintained that it was disgraceful and
+futile to prolong the life of this bankrupt concern. He demanded
+that the bank be put in liquidation without
+further delay.</p>
+
+<p>When Trumbull's resignation as secretary became
+known, the Democratic party at the state capital was
+rent in twain. Thirty-two of its most prominent members,
+including Virgil Hickox, Samuel H. Treat, Ebenezer
+Peck, Mason Brayman, and Robert Allen, took this occasion
+to tender him a public dinner in a letter expressing
+their deep regret at his removal and their desire to show
+the respect in which they held him for his conduct of the
+office, and for his social and gentlemanly qualities. A
+copy of this invitation was sent to the <i>State Register</i>, the
+party organ, for publication. The publishers refused to
+insert it, on the ground that it "would lead to a controversy
+out of which no good could possibly arise, and
+probably much evil to <i>the cause</i>." Thereupon the signers
+of the invitation started a new paper under the watch<span class="pagenum"><a id="Page_14">[14]</a></span>word
+"Fiat Justitia, Ruat C&oelig;lum," entitled the <i>Independent
+Democrat</i>, of which Number 1, Volume 1, was a
+broadside containing the correspondence between Trumbull
+and the intending diners, together with sarcastic
+reflections on the time-serving publishers of the <i>State
+Register</i>. Trumbull's reply to the invitation, however,
+expressed his sincere regret that he had made arrangements,
+which could not be changed, to depart from
+Springfield before the time fixed for the dinner. He
+returned to Belleville and resumed the practice of his
+profession.</p>
+
+<p>Charles Dickens was then making his first visit to the
+United States, and he happened to pass through Belleville
+while making an excursion from St. Louis to Looking
+Glass Prairie. His party had arranged beforehand for a
+noonday meal at Belleville, of which place, as it presented
+itself to the eye of a stranger in 1842, he gives the
+following glimpse:</p>
+
+<blockquote><p>Belleville was a small collection of wooden houses huddled
+together in the very heart of the bush and swamp. Many of
+them had singularly bright doors of red and yellow, for the place
+had lately been visited by a traveling painter "who got along,"
+as I was told, "by eating his way." The criminal court was sitting
+and was at that moment trying some criminals for horse-stealing,
+with whom it would most likely go hard; for live stock
+of all kinds, being necessarily much exposed in the woods, is
+held by the community in rather higher value than human life;
+and for this reason juries generally make a point of finding all
+men indicted for cattle-stealing, guilty, whether or no. The
+horses belonging to the bar, the judge and witnesses, were tied
+to temporary racks set roughly in the road, by which is to be
+understood a forest path nearly knee-deep in mud and slime.</p>
+
+<p>There was an hotel in this place which, like all hotels in
+America, had its large dining-room for a public table. It was
+an odd, shambling, low-roofed outhouse, half cow-shed and half
+kitchen, with a coarse brown canvas tablecloth, and tin sconces<span class="pagenum"><a id="Page_15">[15]</a></span>
+stuck against the walls, to hold candles at supper-time. The
+horseman had gone forward to have coffee and some eatables
+prepared and they were by this time nearly ready. He had
+ordered "wheat bread and chicken fixings" in preference to
+"corn bread and common doings." The latter kind of refection
+includes only pork and bacon. The former comprehends broiled
+ham, sausages, veal cutlets, steaks, and such other viands of
+that nature as may be supposed by a tolerably wide poetical
+construction "to fix" a chicken comfortably in the digestive
+organs of any lady or gentleman.<a id="FNanchor_11_11"></a><a href="#Footnote_11_11" class="fnanchor">[11]</a></p></blockquote>
+
+<p>A few months later, Trumbull made another journey
+to Springfield to be joined in marriage to Miss Julia M.
+Jayne, a daughter of Dr. Gershom Jayne, a physician of
+that city&mdash;a young lady who had received her education
+at Monticello Seminary, with whom he passed twenty-five
+years of unalloyed happiness. The marriage took place
+on the 21st of June, 1843, and Norman B. Judd served as
+groomsman. Miss Jayne had served in the capacity of
+bridesmaid to Mary Todd at her marriage to Abraham
+Lincoln on the 4th of November preceding. There was a
+wedding journey to Trumbull's old home in Connecticut,
+by steamboat from St. Louis to Wheeling, Virginia, by
+stage over the mountains to Cumberland, Maryland, and
+thence by rail via Baltimore, Philadelphia, and New
+York. After visiting his own family, a journey was made
+to Mrs. Trumbull's relatives at Stockbridge, Massachusetts,
+including her great-grandfather, a marvel of industry
+and longevity, ninety-two years of age, a cooper by
+trade, who was still making barrels with his own hands.
+This fact is mentioned in a letter from Trumbull to his
+father, dated Barry, Michigan, August 20, 1843, at which
+place he had stopped on his homeward journey to visit
+<span class="pagenum"><a id="Page_16">[16]</a></span>his brothers. One page of this letter is given up to glowing
+accounts of the infant children of these brothers. And
+here it is fitting to say that all these faded and time-stained
+epistles to his father and his brothers and sisters,
+from first to last, are marked by tender consideration and
+unvarying love and generosity. Not a shadow passed
+between them.</p>
+
+<p>The return journey from Michigan to Belleville was
+made by stage-coach. October 12, 1843, Mrs. Trumbull
+writes to her husband's sisters in Colchester that she has
+arrived in her new home. "We are boarding in a private
+family," she says, "have two rooms which Mrs. Blackwell,
+the landlady, has furnished neatly, and for my part,
+I am anticipating a very delightful winter. Lyman is now
+at court, which keeps him very much engaged, and I am
+left to enjoy myself as best I may until G. comes around
+this afternoon to play chess with me."</p>
+
+<p>May 4, 1844, the first child was born to Lyman and
+Julia Trumbull, a son, who took the name of his father,
+but died in infancy. July 2, 1844, Trumbull writes to his
+father that the most disastrous flood ever known, since
+the settlement of the country by the whites, has devastated
+the bottom lands of the Mississippi, Missouri, and
+Illinois Rivers. He also gives an account of the killing of
+Joseph Smith, the Mormon prophet, who was murdered
+by a mob in the jail at Carthage, Hancock County, after
+he had surrendered himself to the civil authorities on
+promise of a fair trial and protection against violence; and
+says that he has rented a house which he shall occupy
+soon, and invites his sister Julia to come to Belleville and
+make her home in his family.</p>
+
+<p>In 1845, Benjamin Trumbull, Sr., sold his place in
+Colchester and removed with his two daughters to
+Henrietta, Michigan, where three of his sons were already<span class="pagenum"><a id="Page_17">[17]</a></span>
+settled as farmers. It appears from letters that passed
+between the families that none of the brothers in Michigan
+kept horses, the farm work being done by oxen exclusively.
+The nearest church was in the town of Jackson,
+but the sisters were not able to attend the services for
+want of a conveyance. They were prevented by the same
+difficulty from forming acquaintances in their new habitat.
+In a letter to his father, dated October 26, Trumbull
+delicately alludes to the defect in the housekeeping
+arrangements in Michigan, and says that anything needed
+to make his father and sisters comfortable and contented,
+that he can supply, will never be withheld. His
+brother George writes a few days later offering a contribution
+of fifty dollars to buy a horse, saying that good
+ones can be bought in Illinois at that price. George adds:
+"Our papers say considerable about running Lyman for
+governor. No time is fixed for the convention yet, and I
+don't think he has made up his mind whether to be a
+candidate or not."</p>
+
+<p>The greatest drawback of the Trumbull family at
+this time, and, indeed, of all the inhabitants roundabout,
+was sickness. Almost every letter opened tells either
+of a recovery from a fever, or of sufferings during a recent
+one, or apprehensions of a new one and from these
+harassing visitations no one was exempt. In a letter of
+October 26 we read:</p>
+
+<blockquote><p>We have all been sick this fall and this whole region of
+country has been more sickly than ever before known. George
+and myself both had attacks of bilious fever early in September
+which lasted about ten days. Since then Julia has had two
+attacks, the last of which was quite severe and confined her to
+the room nearly two weeks. I also have had a severe attack
+about three weeks since, but it was slight. When I was sick we
+sent over to St. Louis for Dr. Tiffany, and by some means the
+news of our sending there, accompanied by a report that I was<span class="pagenum"><a id="Page_18">[18]</a></span>
+much worse than was really the case, reached Springfield, and
+Dr. and Mrs. Jayne came down post haste in about a day and a
+half. When they got here, I was downstairs. They only staid
+overnight and started back the next morning. They had heard
+that I was not expected to live.</p></blockquote>
+
+<p>In February, 1846, when Trumbull was in his thirty-third
+year, his friends presented his name to the Democratic
+State Convention for the office of governor of the
+state. A letter to his father gives the details of the balloting
+in the convention. Six candidates were voted for.
+On the first ballot he received 56 votes; the next highest
+candidate, Augustus C. French, had 47; and the third,
+John Calhoun, had 44. The historian, John Moses, says
+that "the choice, in accordance with a line of precedents
+which seemed almost to indicate a settled policy, fell upon
+him who had achieved least prominence as a party
+leader, and whose record had been least conspicuous&mdash;Augustus
+C. French."</p>
+
+<p>A letter from Trumbull to his father says that his
+defeat was due to the influence of Governor Ford, whose
+first choice was Calhoun, but who turned his following
+over to French in order to defeat Trumbull. French was
+elected, and made a respectable governor. Calhoun subsequently
+went, in an official capacity, to Kansas, where
+he became noted as the chief ballot-box stuffer of the pro-slavery
+party in the exciting events of 1856-58.</p>
+
+<p>A letter from Mrs. Trumbull to her father-in-law,
+May 4, 1846, mentions the birth of a second son (Walter),
+then two and a half months old. It informs him also that
+her husband has been nominated for Congress by the
+Democrats of the First District, the vote in the convention
+being, Lyman Trumbull, 24; John Dougherty, 5;
+Robert Smith, 8. The political issues in this campaign are
+obscure, but the result of the election was again adverse.<span class="pagenum"><a id="Page_19">[19]</a></span>
+The supporters of Robert Smith nominated him as a
+bolting candidate; the Whigs made no nomination, but
+supported Smith, who was elected.</p>
+
+<p>A letter written by Mrs. Trumbull at Springfield,
+December 16, 1846, mentions the first election of Stephen
+A. Douglas as United States Senator. "A party is to be
+given in his name," she says, "at the State House on
+Friday evening under the direction of Messrs. Webster
+and Hickox. The tickets come in beautiful envelopes,
+and I understand that Douglas has authorized the gentlemen
+to expend $50 in music, and directed the most splendid
+entertainment that was ever prepared in Springfield."</p>
+
+<p>A letter to Benjamin Trumbull, Sr., from his son of
+the same name, who was cultivating a small farm near
+Springfield, gives another glimpse of the family health
+record, saying that "both Lyman and George have had
+chills and fever two or three days this spring"; also, that
+"Lyman's child was feeble in consequence of the same
+malady; and that he [Benjamin] has been sick so much of
+the time that he could not do his Spring planting without
+hired help, for which Lyman had generously contributed
+$20, and offered more."</p>
+
+<p>May 13, 1847, Trumbull writes to his father that he
+intends to go with his family and make the latter a visit
+for the purpose of seeing the members of the family in
+Michigan; also in the hope of escaping the periodical
+sickness which has afflicted himself and wife and little
+boy, and almost every one in Belleville, during several
+seasons past. As this periodical sickness was chills and
+fever, we may assume that it was due to the prevalence of
+mosquitoes, of the variety <i>anopheles</i>. Half a century was
+still to pass ere medical science made this discovery, and
+delivered civilized society from the scourge called
+"malaria."</p><p><span class="pagenum"><a id="Page_20">[20]</a></span></p>
+
+<p>The journey to Michigan was made. An account
+(dated Springfield, August 1, 1847) of the return journey
+is interesting by way of contrast with the facilities for
+traveling existing at the present time.</p>
+
+<blockquote><p>We left Cassopolis Monday about ten o'clock and came the
+first 48 miles, which brought us to within five miles of La Porte.
+The second night we passed at Battstown 45 miles on the road
+from La Porte towards Joliet. The third night we passed at
+Joliet, distance 40 miles. The fourth night we passed at
+Pontiac, having traveled 60 miles to get to a stopping place,
+and finding but a poor one at that. The fifth night we were at
+Bloomington, distance 40 miles. The sixth day we traveled 43
+miles and to within 18 miles of this place; the route we came from
+Cassopolis to Springfield is 294 miles, and from Brother David's
+about 386 miles. Our expenses for tavern bills from David's to
+this place were $17.75. Pretty cheap, I think.</p></blockquote>
+
+<p>Among other items of interest it may be noted that the
+rate of postage had been reduced to ten cents per letter,
+but stamps had not yet come into use. The earnings of
+the Trumbull law firm (Lyman and George) for the year
+1847 were $2300.</p>
+
+<p>In 1847, a new constitution was adopted by the state of
+Illinois which reduced the number of judges of the supreme
+court from nine to three. The state was divided
+into three grand divisions, or districts, each to select one
+member of the court. After the first election one of the
+judges was to serve three years, one six years, and one
+nine years, at a compensation of $1200 per year each.
+These terms were to be decided by lot, and thereafter the
+term of each judge should be nine years. Trumbull was
+elected judge for the first or southern division in 1848.
+His colleagues, chosen at the same time, were Samuel H.
+Treat and John D. Caton. He drew the three years'
+term.</p>
+
+<p>In the year 1849, Trumbull bought a brick house and<span class="pagenum"><a id="Page_21">[21]</a></span>
+three acres of ground, with an orchard of fruit-bearing
+trees, in the town of Alton, Madison County, and removed
+thither with his family. In announcing this fact to
+his father the only reason he assigns for his change of residence
+is that the inhabitants of Alton are mostly from the
+Eastern States. Its population at that time was about
+3000; that of Upper Alton, three miles distant, was 1000.
+The cost of house and ground, with some additions and
+improvements, was $2500, all of which was paid in cash
+out of his savings. Incidentally he remarks that he has
+never borrowed money, never been in debt, never signed a
+promissory note, and that he hopes to pass through life
+without incurring pecuniary liabilities.<a id="FNanchor_12_12"></a><a href="#Footnote_12_12" class="fnanchor">[12]</a></p>
+
+<p>From the tone of the letter in which his change of residence
+is announced, the inference is drawn that Trumbull
+had abandoned his law practice at Belleville with the
+expectation of remaining on the bench for an indefinite
+period. He accepted a re&euml;lection as judge in 1852 for a
+term of nine years, yet he resigned a year and a half later
+because the salary was insufficient to support his family.
+Walter B. Scates was chosen as his successor on the
+supreme bench. Nearly forty-five years later, Chief
+Justice Magruder, of the Illinois supreme court, answering
+John M. Palmer's address presenting the memorial
+of the Chicago Bar Association on the life and
+services of Trumbull, recently deceased, said that no
+lawyer could read the opinions handed down by the dead
+statesman when on the bench, "without being satisfied
+<span class="pagenum"><a id="Page_22">[22]</a></span>that the writer of them was an able, industrious, and fair-minded
+judge. All his judicial utterances ... are characterized
+by clearness of expression, accuracy of statement,
+and strength of reasoning. They breathe a spirit
+of reverence for the standard authorities and abound in
+copious reference to those authorities.... The decisions
+of the court, when he spoke as its organ, are to-day
+regarded as among the most reliable of its established
+precedents."</p><p><span class="pagenum"><a id="Page_23">[23]</a></span></p>
+
+<div class="footnotes">
+<h3>FOOTNOTES:</h3>
+<div class="footnote"><p><a id="Footnote_7_7"></a><a href="#FNanchor_7_7"><span class="label">[7]</span></a> Stuart's <i>Life of Jonathan Trumbull</i> says that the family name was spelled
+"Trumble" until 1766, when the second syllable was changed to "bull."</p></div>
+
+<div class="footnote"><p><a id="Footnote_8_8"></a><a href="#FNanchor_8_8"><span class="label">[8]</span></a> Joseph, the second son of the John above mentioned, who had settled in
+Suffield, Connecticut, in 1670, removed to Lebanon. He was the father of
+Jonathan Trumbull (1710-1785), who was governor of Connecticut during the
+Revolutionary War, and who was the original "Brother Jonathan," to whom
+General Washington gave that endearing title, which afterwards came to
+personify the United States as "John Bull" personifies England. (Stuart's
+<i>Jonathan Trumbull</i>, p. 697.) His son Jonathan (1740-1809) was a Representative
+in Congress, Speaker of the House, Senator of the United States, and
+Governor of Connecticut. John Trumbull (1756-1843), another son of
+"Brother Jonathan," was a distinguished painter of historical scenes and of
+portraits.</p></div>
+
+<div class="footnote"><p><a id="Footnote_9_9"></a><a href="#FNanchor_9_9"><span class="label">[9]</span></a> Reynolds wrote a <i>Pioneer History of Illinois from 1637 to 1818</i>, and also a
+larger volume entitled <i>My Own Times</i>. The latter is the more important of the
+two. Although crabbed in style, it is an admirable compendium of the social,
+political, and personal affairs of Illinois from 1800 to 1850. Taking events at
+random, in short chapters, without connection, circumlocution, or ornament,
+he says the first thing that comes into his mind in the fewest possible words,
+makes mistakes of syntax, but never goes back to correct anything, puts down
+small things and great, tells about murders and lynchings, about footraces in
+which he took part, and a hundred other things that are usually omitted in
+histories, but which throw light on man in the social state, all interspersed with
+sound and shrewd judgments on public men and events.</p></div>
+
+<div class="footnote"><p><a id="Footnote_10_10"></a><a href="#FNanchor_10_10"><span class="label">[10]</span></a> The following correspondence passed between them:
+</p>
+
+<blockquote>
+<p><br />
+<span class="smcap">Springfield</span>, March 4, 1843.<br />
+</p><p><br />
+<span class="smcap">Lyman Trumbull, Esq.</span>,<br />
+</p>
+<p>
+<span class="smcap">Dear Sir:</span> It is my desire, in pursuance of the expressed wish of the
+Democracy, to make a nomination of Secretary of State, and I hope you will
+enable me to do so without embarrassing myself. I am most respectfully,
+</p><p><br />
+Your obedient servant,<br />
+</p><p><br />
+<span class="smcap">Thomas Ford</span>.<br />
+</p>
+<p><br />
+<span class="smcap">Springfield</span>, March 4, 1843.<br />
+</p><p><br />
+<span class="smcap">To His Excellency, Thomas Ford</span>:<br />
+</p>
+<p>
+<span class="smcap">Sir</span>,&mdash;In reply to your note of this date this moment handed me, I have
+only to state that I recognize fully your right, at any time, to make a nomination
+of Secretary of State.
+</p>
+<p><br />
+Yours respectfully,<br />
+</p><p><br />
+<span class="smcap">Lyman Trumbull</span>.<br />
+</p>
+</blockquote>
+</div>
+
+<div class="footnote"><p><a id="Footnote_11_11"></a><a href="#FNanchor_11_11"><span class="label">[11]</span></a> <i>American Notes</i>, chap. <span class="smcap">xiii</span>. The reason why horses were more precious
+than human life was that when the frontier farmer lost his work-team, he faced
+starvation. Both murder and horse-stealing were then capital offenses, the
+latter by the court of Judge Lynch.</p></div>
+
+<div class="footnote"><p><a id="Footnote_12_12"></a><a href="#FNanchor_12_12"><span class="label">[12]</span></a> Mr. Morris St. P. Thomas, a close friend of Trumbull in his latter years, a
+member of his law office, and administrator of his estate, made the following
+statement in an interview given at 107 Dearborn Street, Chicago, June 13,
+1910: "Judge Trumbull once told me that he had never in his life given a
+promissory note. 'But you do not mean,' said I, 'that in every purchase of real
+estate you ever made you paid cash down!' 'I do mean just that,' the Judge
+replied. 'I never in my life gave a promissory note.'"</p></div>
+</div>
+
+<hr class="chap" />
+
+<h2 id="CHAPTER_II">CHAPTER II</h2>
+
+<p class="h3">SLAVERY IN ILLINOIS</p>
+
+<p>When the territory comprising the state of Illinois
+passed under control of the United States, negro slavery
+existed in the French villages situated on the so-called
+American Bottom, a strip of fertile land extending along
+the east bank of the Mississippi River from Cahokia on
+the north to Kaskaskia on the south, embracing the
+present counties of St. Clair, Monroe, and Randolph.
+The first European settlements had been made here about
+1718, by colonists coming up the great river from Louisiana,
+under the auspices of John Law's Company of the
+Indies.</p>
+
+<p>The earlier occupation of the country by French
+explorers and Jesuit priests from Canada had been in the
+nature of fur-trading and religious propagandism, rather
+than permanent colonies, although marriages had been
+solemnized in due form between French men and Indian
+women, and a considerable number of half-breed children
+had been born. Five hundred negro slaves from Santo
+Domingo were sent up the river in 1718, to work any gold
+and silver mines that might be found in the Illinois country.
+In fact, slavery of red men existed there to some extent,
+before the Africans arrived, the slaves being captives
+taken in war.</p>
+
+<p>In 1784-85, Thomas Jefferson induced Rev. James
+Lemen, of Harper's Ferry, Virginia, to migrate to
+Illinois in order to organize opposition to slavery in the
+Northwest Territory and supplied him with money for
+that purpose. Mr. Lemen came to Illinois in 1786 and settled<span class="pagenum"><a id="Page_24">[24]</a></span>
+in what is now Monroe County. He was the founder
+of the first eight Baptist churches in Illinois, all of which
+were pledged to oppose the doctrine and practice of
+slavery. Governor William H. Harrison having forwarded
+petitions to Congress to allow slavery in the
+Northwest Territory, Jefferson wrote to Lemen to go, or
+send an agent, to Indiana, to get petitions signed in opposition
+to Harrison. Lemen did so. A letter of Lemen,
+dated Harper's Ferry, December 11, 1782, says that
+Jefferson then had the purpose to dedicate the Northwest
+Territory to freedom.<a id="FNanchor_13_13"></a><a href="#Footnote_13_13" class="fnanchor">[13]</a></p>
+
+<p>In 1787, Congress passed an ordinance for the government
+of the territory northwest of the river Ohio which
+had been ceded to the United States by Virginia. The
+sixth article of this ordinance prohibited slavery in said
+territory. Inasmuch as the rights of persons and property
+had been guaranteed by treaties when this region had
+passed from France to Great Britain and later to the
+United States, this article was generally construed as
+meaning that no more slaves should be introduced, and
+that all children born after the passage of the ordinance
+should be free, but that slaves held there prior to 1787
+should continue in bondage.</p>
+
+<p>Immigration was mainly from the Southern States.
+Some of the immigrants brought slaves with them, and
+the territorial legislature passed an act in 1812 authorizing
+the relation of master and slave under other names.
+It declared that it should be lawful for owners of negroes
+above fifteen years of age to take them before the clerk of
+the court of common pleas, and if a negro should agree to
+serve for a specified term of years, the clerk should record
+him or her as an "indentured servant." If the negro was
+<span class="pagenum"><a id="Page_25">[25]</a></span>under the age of fifteen, the owner might hold him without
+an agreement till the age of thirty-five if male, or
+thirty-two if female. Children born of negroes owing
+service by indenture should serve till the age of thirty
+if male, and till twenty-eight if female. This was a plain
+violation of the Ordinance of 1787 and was a glaring
+fraud in other respects. The negroes generally did not
+understand what they were agreeing to, and in cases
+where they did not agree the probable alternative was a
+sale to somebody in an adjoining slave state, so that they
+really had no choice. The state constitution, adopted in
+1818, prohibited slavery, but recognized the indenture
+system by providing that male children born of indentured
+servants should be free at the age of twenty-one and
+females at the age of eighteen. The upshot of the matter
+was that there was just enough of the virus of slavery left
+to keep the caldron bubbling there for two generations
+after 1787, although the Congress of the Confederation
+supposed that they had then made an end of it.</p>
+
+<p>This arrangement did not satisfy either the incoming
+slave-owners or those already domiciled there. Persistent
+attempts were made while the country was still
+under territorial government, to procure from Congress a
+repeal of the sixth article of the Ordinance, but they were
+defeated chiefly by the opposition of John Randolph, of
+Roanoke, Virginia. After the state was admitted to the
+Union, the pro-slavery faction renewed their efforts. They
+insisted that Illinois had all the rights of the other states,
+and could lawfully introduce slavery by changing the
+constitution. They proposed, therefore, to call a new convention
+for this purpose. To do so would require a two-thirds
+vote of both branches of the legislature, and a
+majority vote of the people at the next regular election.
+A bill for this purpose was passed in the Senate by the<span class="pagenum"><a id="Page_26">[26]</a></span>
+requisite majority, but it lacked one vote in the House.
+To obtain this vote a member who had been elected and
+confirmed in his seat after a contest, and had occupied it
+for ten weeks, was unseated, and the contestant previously
+rejected was put in his place and gave the necessary
+vote. Reynolds, who was himself a convention man, says
+that "this outrage was a death-blow to the convention."
+He continues:</p>
+
+<blockquote><p>The convention question gave rise to two years of the most
+furious and boisterous excitement that ever was visited on
+Illinois. Men, women, and children entered the arena of party
+warfare and strife, and families and neighborhoods were so
+divided and furious and bitter against one another that it
+seemed a regular civil war might be the result. Many personal
+combats were indulged in on the question, and the whole country
+seemed to be, at times, ready and willing to resort to physical
+force to decide the contest. All the means known to man to
+convey ideas to one another were resorted to and practiced with
+energy. The press teemed with publications on the subject.
+The stump orators were invoked, and the pulpit thundered
+with anathemas against the introduction of slavery. The religious
+community coupled freedom and Christianity together,
+which was one of the most powerful levers used in the contest.</p></blockquote>
+
+<p>At this time all the frontier communities were anxious
+to gain additions to their population. Immigration was
+eagerly sought. The arrivals were mostly from the
+Southern States, the main channels of communication
+being the converging rivers Ohio, Mississippi, Cumberland,
+and Tennessee. Many of these brought slaves, and
+since there was no security for such property in Illinois,
+they went onward to Missouri. One of the strongest
+arguments used by the convention party was, that if
+slavery were permitted, this tide of immigration would
+pour a stream of wealth into Illinois.</p><p><span class="pagenum"><a id="Page_27">[27]</a></span></p>
+
+<p>Most of the political leaders and office-holders were
+convention men, but there were some notable exceptions,
+among whom were Edward Coles, governor of the state,
+and Daniel P. Cook, Representative in Congress, the
+former a native of Virginia, and the latter of Kentucky.
+Governor Coles was one of the Virginia abolitionists of
+early days, who had emancipated his own slaves and
+given them lands on which to earn their living. The
+governor gave the entire salary of his term of office
+($4000) for the expenses of the anti-convention contest,
+and his unceasing personal efforts as a speaker and
+organizer. Mr. Cook was a brilliant lawyer and orator,
+and the sole Representative of Illinois in Congress, where
+he was chairman of the Committee on Ways and Means,
+and where he cast the vote of Illinois for J. Q. Adams for
+President in 1824. Cook County, which contains the city
+of Chicago, takes its name from him. He was indefatigable
+on the side of freedom in this campaign. Another
+powerful reinforcement was found in the person of Rev.
+John M. Peck, a Baptist preacher who went through the
+state like John the Baptist crying in the wilderness. He
+made impassioned speeches, formed anti-slavery societies,
+distributed tracts, raised money, held prayer-meetings,
+addressed Sunday Schools, and organized the
+religious sentiment of the state for freedom. He was ably
+seconded by Hooper Warren, editor of the Edwardsville
+<i>Spectator</i>. The election took place August 2, 1824, and
+the vote was 4972 for the convention, and 6640 against it.
+In the counties of St. Clair and Randolph, which embraced
+the bulk of the French population, the vote was
+almost equally divided&mdash;765 for; 790 against.</p>
+
+<p>In 1850, both Henry Clay and Daniel Webster contended
+that Nature had interposed a law stronger than
+any law of Congress against the introduction of slavery<span class="pagenum"><a id="Page_28">[28]</a></span>
+into the territory north of Texas which we had lately
+acquired from Mexico. From the foregoing facts, however,
+it is clear that no law of Nature prevented Illinois
+from becoming a slaveholding state, but only the fiercest
+kind of political fighting and internal resistance. John
+Reynolds (and there was no better judge) said in 1854:
+"I never had any doubt that slavery would now exist in
+Illinois if it had not been prevented by the famous Ordinance"
+of 1787. The law of human greed would have
+overcome every other law, including that of Congress,
+but for the magnificent work of Edward Coles, Daniel P.
+Cook, John Mason Peck, Hooper Warren, and their
+coadjutors in 1824.</p>
+
+<p>The snake was scotched, not killed, by this election.
+There were no more attempts to legalize slavery by political
+agency, but persevering efforts were made to perpetuate
+it by judicial decisions resting upon old French
+law and the Territorial Indenture Act of 1812. Frequent
+law suits were brought by negroes, who claimed the right
+of freedom on the ground that their period of indenture
+had expired, or that they had never signed an indenture,
+or that they had been born free, or that their masters had
+brought them into Illinois after the state constitution,
+which prohibited slavery, had been adopted. In this
+litigation Trumbull was frequently engaged on the side of
+the colored people.</p>
+
+<p>In 1842, a colored woman named Sarah Borders, with
+three children, who was held under the indenture law by
+one Andrew Borders in Randolph County, escaped and
+made her way north as far as Peoria County. She and her
+children were there arrested and confined in a jail as fugitive
+slaves. They were brought before a justice of the
+peace, who decided that they were illegally detained and
+were entitled to their freedom. An appeal was taken by<span class="pagenum"><a id="Page_29">[29]</a></span>
+Borders to the county court, which reversed the action
+of the justice. The case eventually went to the supreme
+court, where Lyman Trumbull and Gustave Koerner
+appeared for the negro woman in December, 1843, and
+argued that slavery was unlawful in Illinois and had been
+so ever since the enactment of the Ordinance of 1787.
+The court decided against them.<a id="FNanchor_14_14"></a><a href="#Footnote_14_14" class="fnanchor">[14]</a></p>
+
+<p>Trumbull was not discouraged by the decision in this
+case. Shortly afterward he appeared before the supreme
+court again in the case of Jarrot <i>vs.</i> Jarrot, in which he
+won a victory which practically put an end to slavery in
+the state. Joseph Jarrot, a negro, sued his mistress, Julia
+Jarrot, for wages, alleging that he had been held in servitude
+contrary to law. The plaintiff's grandmother had
+been the slave of a Frenchman in the Illinois country
+before it passed under the jurisdiction of the United
+States. His mother and himself had passed by descent to
+Julia Jarrot, nobody objecting. Fifty-seven years had
+elapsed since the passage of the Ordinance of 1787 and
+twenty-six since the adoption of the state constitution,
+both of which had prohibited slavery in Illinois. The previous
+decisions in the court of last resort had generally
+sustained the claims of the owners of slaves held under
+the French r&eacute;gime and their descendants, and also those
+held under the so-called indenture system. Now, however,
+the court swept away the whole basis of slavery in
+the state, of whatever kind or description, declaring, as
+Trumbull had previously contended, that the Congress of
+the Confederation had full power to pass the Ordinance of
+1787, that no person born since that date could be held as
+a slave in Illinois, and that any slave brought into the
+state by his master, or with the master's consent, since
+that date became at once free. It followed that such persons
+could sue and recover wages for labor performed
+under compulsion, as Joseph Jarrot did.</p>
+
+<p><span class="pagenum"><a id="Page_30">[30]</a></span></p><p>This decision, which abolished slavery in Illinois <i>de
+facto</i>, was received with great satisfaction by the substantial
+and sober-minded citizens. Although the number
+of aggressive anti-slavery men in the state was small
+and of out-and-out abolitionists still smaller, there was a
+widespread belief that the lingering snaky presence of the
+institution was a menace to the public peace and a blot
+upon the fair fame of the state, and that it ought to be
+expunged once for all. The growth of public opinion was
+undoubtedly potent in the minds of the judges, but the
+untiring activity of the leading advocates in the cases of
+Borders, Jarrot, etc., should not be overlooked. On this
+subject Mr. Dwight Harris, in the book already cited,
+says:</p>
+
+<blockquote><p>The period of greatest struggle and of greatest triumph for
+the anti-slavery advocates was that from 1840 to 1845. The
+contest during these five years was serious and stubbornly carried
+on. It involved talent, ingenuity, determination, and perseverance
+on both sides. The abolitionists are to be accredited
+with stirring up considerable interest over the state in some
+of the cases. Southern sympathizers and the holders of indentured
+servants in the southern portion of the state were
+naturally considerably concerned in the decisions of the supreme
+court. Still there seems to have been no widespread interest or
+universal agitation in the state over this contest in the courts.
+It was carried on chiefly through the benevolence of a comparatively
+small number of citizens who were actuated by a
+firm belief in the evils of slavery; while the brunt of the fray
+fell to a few able and devoted lawyers.</p>
+
+<p>Among these were G. T. M. Davis, of Alton, Nathaniel
+Niles, of Belleville, Gustave Koerner, of Belleville, and Lyman
+Trumbull. James H. Collins, a noted abolition lawyer of
+Chicago, should also be highly praised for his work in the Lovejoy
+and Willard cases, but to the other men the real victory is
+to be ascribed. They were the most powerful friends of the<span class="pagenum"><a id="Page_31">[31]</a></span>
+negro, and lived where their assistance could be readily secured.
+They told the negroes repeatedly that they were free, urged
+them to leave their masters, and fought their cases in the lower
+courts time and time again, often without fees or remuneration.
+Chief among them was Lyman Trumbull, whose name should
+be written large in anti-slavery annals.</p>
+
+<p>He was a lawyer of rare intellectual endowments, and of
+great ability. He had few equals before the bar in his day. In
+politics he was an old-time Democrat, with no leanings toward
+abolitionism, but possessing an honest desire to see justice done
+the negro in Illinois. It was a thankless task, in those days of
+prejudice and bitter partisan feelings, to assume the r&ocirc;le of
+defender of the indentured slaves. It was not often unattended
+with great risk to one's person, as well as to one's reputation
+and business. But Trumbull did not hesitate to undertake the
+task, thankless, discouraging, unremunerative as it was, and
+to his zeal, courage, and perseverance, as well as to his ability,
+is to be ascribed the ultimate success of the appeal to the
+supreme court.</p>
+
+<p>This disinterested and able effort, made in all sincerity of
+purpose, and void of all appearance of self-elevation, rendered
+him justly popular throughout the State, as well as in the region
+of his home. The people of his district showed their approval of
+his work and their confidence in his integrity by electing him
+judge of the supreme court in 1848, and Congressman from the
+Eighth District of Illinois by a handsome majority in 1854,
+when it was well known that he was opposed to the Kansas-Nebraska
+Bill.</p></blockquote><p><span class="pagenum"><a id="Page_32">[32]</a></span></p>
+
+<div class="footnotes">
+<h3>FOOTNOTES:</h3>
+<div class="footnote"><p><a id="Footnote_13_13"></a><a href="#FNanchor_13_13"><span class="label">[13]</span></a> These facts are detailed in a paper contributed to the Illinois State Historical
+Society in 1908 by Joseph B. Lemen, of O'Fallon, Illinois.</p></div>
+
+<div class="footnote"><p><a id="Footnote_14_14"></a><a href="#FNanchor_14_14"><span class="label">[14]</span></a> <i>Negro Servitude in Illinois</i>, by N. Dwight Harris, p. 108.</p></div>
+</div>
+
+<hr class="chap" />
+
+<h2 id="CHAPTER_III">CHAPTER III</h2>
+
+<p class="h3">FIRST ELECTION AS SENATOR</p>
+
+<p>The repeal of the Missouri Compromise was the cause
+of Trumbull's return to an active participation in politics.
+The prime mover in that disastrous adventure was
+Stephen A. Douglas, who had been Trumbull's predecessor
+in the office of secretary of state and also one of his
+predecessors on the supreme bench. He was now a
+Senator of the United States, and a man of world-wide
+celebrity. Born at Brandon, Vermont, in 1813, he had
+lost his father before he was a year old. His mother
+removed with him to Canandaigua, New York, where he
+attended an academy and read law to some extent in the
+office of a local practitioner. At the age of twenty, he set
+out for the West to seek his fortune, and he found the
+beginnings of it at Winchester, Illinois, where he taught
+school for a living and continued to study law, as Trumbull
+was doing at the same time at Greenville, Georgia.
+He was admitted to the bar in 1834. In 1835, he was
+elected state's attorney. Two years later he was elected
+a member of the legislature by the Democrats of Morgan
+County, and resigned the office he then held in order to
+take the new one. In 1837, he was appointed by President
+Van Buren register of the land office at Springfield.
+In the same year he was nominated for Congress in the
+Springfield district before he had reached the legal age,
+but was defeated by the Whig candidate, John T.
+Stuart, by 35 votes in a total poll of 36,742.<a id="FNanchor_15_15"></a><a href="#Footnote_15_15" class="fnanchor">[15]</a> In 1840, he
+<span class="pagenum"><a id="Page_33">[33]</a></span>was appointed secretary of state, and in 1841, elected
+a judge of the supreme court under the circumstances
+already mentioned. In 1843, he was elected to the lower
+house of Congress and was re&euml;lected twice, but before
+taking his seat the third time he was chosen by the legislature,
+in 1846, Senator of the United States for the term
+beginning March 4, 1847, and was re&euml;lected in 1852. In
+Congress he had taken an active part in the annexation
+of Texas, in the war with Mexico, in the Oregon Boundary
+dispute, and in the Land Grant for the Illinois Central
+Railway. In the Senate he held the position of Chairman
+of the Committee on Territories.</p>
+
+<p>In the Democratic party he had forged to the front
+by virtue of boldness in leadership, untiring industry,
+boundless ambition, and self-confidence, and horse-power.
+He had a large head surmounted by an abundant
+mane, which gave him the appearance of a lion prepared
+to roar or to crush his prey, and not seldom the resemblance
+was confirmed when he opened his mouth on the
+hustings or in the Senate Chamber. As stump orator,
+senatorial debater, and party manager he never had a
+superior in this country. Added to these gifts, he had
+a very attractive personality and a wonderful gift for
+divining and anticipating the drift of public opinion. The
+one thing lacking to make him a man "not for an age but
+for all time," was a moral substratum. He was essentially
+an opportunist. Although his private life was unstained,
+he had no conception of morals in politics, and
+this defect was his undoing as a statesman.</p>
+
+<p>On the 4th of January, 1854, Douglas reported from
+the Senate Committee on Territories a bill to organize the
+<span class="pagenum"><a id="Page_34">[34]</a></span>territory of Nebraska. It provided that said territory, or
+any portion of it, when admitted as a state or states,
+should be received into the Union with or without
+slavery, as their constitution might prescribe at the time
+of their admission. The Missouri Compromise Act of
+1820, which applied to this territory, was not repealed by
+this provision, and it must have been plain to everybody
+that if slavery were excluded from the <i>territory</i> it would
+not be there when the people should come together to
+form a <i>state</i>.</p>
+
+<p>Douglas did not at first propose to repeal the Missouri
+Compromise. He intended to leave the question of
+slavery untouched. He did not want to reopen the agitation,
+which had been mostly quieted by the Compromise
+of 1850; but it soon became evident that if he were willing
+to leave the question in doubt, others were not. Dixon,
+of Kentucky, successor of Henry Clay in the Senate
+and a Whig in politics, offered an amendment to the bill
+proposing to repeal the Missouri Compromise outright.
+Douglas was rather startled when this motion was made.
+He went to Dixon's seat and begged him to withdraw his
+amendment, urging that it would reopen the controversies
+settled by the Compromise of 1850 and delay, if
+not prevent, the passage of any bill to organize the new
+territory. Dixon was stubborn. He contended that the
+Southern people had a right to go into the new territory
+equally with those of the North, and to take with them
+anything that was recognized and protected as property
+in the Southern States. Dixon's motion received immediate
+and warm support in the South.</p>
+
+<p>Two or three days later, Douglas decided to embody
+Dixon's amendment in his bill and take the consequences.
+His amended bill divided the territory in two
+parts, Kansas and Nebraska. The apparent object of<span class="pagenum"><a id="Page_35">[35]</a></span>
+this change was to give the Missourians a chance to make
+the southernmost one a slave state; but this intention has
+been controverted by Douglas's friends in recent years,
+who have brought forward a mass of evidence to show that
+he had other sufficient reasons for thus dividing the territory
+and hence that it must not be assumed that he
+intended that one of them should be a slave state. The
+evidence consists of a record of efforts put forth by citizens
+of western Iowa in 1853-54 to secure a future state
+on the opposite side of the Missouri River homogeneous
+with themselves, and to promote the building of a Pacific
+railway from some point near Council Bluffs along the
+line of the Platte River. These efforts were heartily
+seconded by Senators Dodge and Jones and Representative
+Henn, of Iowa. They labored with Douglas and
+secured his co&ouml;peration. So Douglas himself said when he
+announced the change in the bill dividing the territory
+into two parts.</p>
+
+<p>Most people at the present day, including myself,
+would be glad to concur with this view, but we must
+interpret Douglas's acts not merely by what he said in
+1854, but also by what he said and did afterwards. In
+1856 he made an unjustifiable assault upon the New
+England Emigrant Aid Company, for sending settlers to
+Kansas, as they had a perfect right to do under the terms
+of the bill; and he apologized for, if he did not actually
+defend, the Missourian invaders who marched over the
+border in military array, took possession of the ballot
+boxes, elected a pro-slavery legislature, and then marched
+back boasting of their victory. Troubles multiplied in
+Douglas's pathway rapidly after he introduced his
+Nebraska Bill, and it is very likely that an equal division
+of the territory between the North and South seemed to
+him the safest way out of his difficulties. That was the<span class="pagenum"><a id="Page_36">[36]</a></span>
+customary way of settling disputes of this kind. We need
+not assume, however, that he intended to do more than
+give the Missourians a chance to make Kansas a slave
+state if they could, for Douglas was not a pro-slavery
+man at heart.</p>
+
+<p>Senator Thompson, of Kentucky, once alluded to the
+division of the territory embraced in the original Nebraska
+Bill into two territories, Kansas and Nebraska,
+showing that his understanding was that one should be a
+free state and the other a slave state, if the South could
+make it such. He said:</p>
+
+<blockquote><p>When the bill was first introduced in 1854 it provided for the
+organization of but one territory. Whence it came or how it
+came scarcely anybody knows, but the senator from Illinois
+(Mr. Douglas) has always had the credit of its paternity. I
+believe he acted patriotically for what he thought best and
+right. In a short time, however, we found a provision for a
+division&mdash;for two territories&mdash;Nebraska, the larger one, to
+be a free state, and as to Kansas, the smaller one, repealing the
+Missouri Compromise, we of the South taking our chance for it.
+That was certainly a beneficial arrangement to the North and
+the bill was passed in that way.<a id="FNanchor_16_16"></a><a href="#Footnote_16_16" class="fnanchor">[16]</a></p></blockquote>
+
+<p>What were Douglas's reasons for repealing the Missouri
+Compromise? It was generally assumed that he did
+it in order to gain the support of the South in the next
+national convention of the Democratic party. In the
+absence of any other sufficient motive, this will probably
+be the verdict of posterity, although he always repelled
+that charge with heat and indignation. A more important
+question is whether there would have been any attempt
+to repeal it if Douglas had not led the way. This may be
+safely answered in the negative. The Southern Senators
+did not show any haste to follow Douglas at first. They
+generally spoke of the measure as a free-will offering of
+<span class="pagenum"><a id="Page_37">[37]</a></span>the North, both Douglas and Pierce being Northern
+men, and both being indispensable to secure its passage.
+Francis P. Blair, of Missouri, a competent witness,
+expressed the opinion that a majority of the Southern
+senators were opposed to the measure at first and were
+coerced into it by the fear that they would not be sustained
+at home if they refused an advantage offered to
+them by the North.<a id="FNanchor_17_17"></a><a href="#Footnote_17_17" class="fnanchor">[17]</a></p>
+
+<p>The Nebraska Bill passed the Senate by a majority of
+22, and the House by a majority of 13. The Democratic
+party of the North was cleft in twain, as was shown by the
+division of their votes in the House: 44 to 43. The bill
+would have been defeated had not the administration
+plied the party lash unmercifully, using the official patronage
+to coerce unwilling members. In this way did
+President Pierce redeem his pledge to prevent any revival
+of the slavery agitation during his term of office.</p>
+
+<p>When the bill actually passed there was an explosion in
+every Northern State. The old parties were rent asunder
+and a new one began to crystallize around the nucleus
+which had supported Birney, Van Buren, and Hale in
+the elections of 1844, 1848, and 1852. Both Abraham Lincoln
+and Lyman Trumbull were stirred to new activities.
+Both took the stump in opposition to the Nebraska Bill.</p>
+
+<p>Trumbull was now forty-one years of age. He had
+gained the confidence of the people among whom he
+lived to such a degree that his re&euml;lection to the supreme
+bench in 1852 had been unanimous. He now joined with
+Gustave Koerner and other Democrats in organizing the
+Eighth Congressional District in opposition to Douglas
+and his Nebraska Bill. Although this district had been
+originally a slaveholding region, it contained a large infu<span class="pagenum"><a id="Page_38">[38]</a></span>sion
+of German immigration, which had poured into it
+in the years following the European uprising of 1848. Of
+the thirty thousand Germans in Illinois in 1850, Reynolds
+estimated that fully eighteen thousand had settled in
+St. Clair County. These immigrants had at first attached
+themselves to the Democratic party, because its name
+signified government by the people. When, however, it
+became apparent to them that the Democratic party was
+the ally of slavery, they went over to the opposition in
+shoals, under the lead of Koerner and Hecker. Koerner
+was at that time lieutenant-governor of the state, and his
+separation from the party which had elected him made
+a profound impression on his fellow countrymen. Hecker
+was a fervid orator and political leader, and later a
+valiant soldier in the Union army.</p>
+
+<p>The Eighth Congressional District then embraced the
+counties of Bond, Clinton, Jefferson, Madison, Marion,
+Monroe, Randolph, St. Clair, and Washington. It was
+the strongest Democratic district in the state, but political
+parties had been thrown into such disorder by the
+Nebraska Bill that no regular nominations for Congress
+were made by either Whigs or Democrats. Trumbull announced
+himself as an anti-Nebraska Democratic candidate.
+He had just recovered from the most severe and
+protracted illness of his life and was in an enfeebled condition
+in consequence, but he made a speaking campaign
+throughout the district, and was elected by 7917 votes
+against 5306 cast for Philip B. Fouke, who ran independently
+as a Douglas Democrat. This victory defeated
+so many of the followers of Douglas who were
+candidates for the legislature that it became possible to
+elect a Senator of the United States in opposition to the
+regular Democracy.</p>
+
+<p>If political honors were awarded according to the rules<span class="pagenum"><a id="Page_39">[39]</a></span>
+of <i>quantum meruit</i>, Abraham Lincoln would have been
+chosen Senator as the successor of James Shields at this
+juncture, since he had contributed more than any other
+person to the anti-Nebraska victory in the state. He had
+been out of public life since his retirement from the
+lower house of Congress in 1848. Since then he had been
+a country lawyer with a not very lucrative practice, but
+a very popular story-teller. He belonged to the Whig
+party, and had followed Clay and Webster in supporting
+the Compromise measures of 1850, including the new
+Fugitive Slave Law, for, although a hater of slavery
+himself, he believed that the Constitution required the
+rendition of slaves escaping into the free states. He
+was startled by the repeal of the Missouri Compromise.
+Without that awakening, he would doubtless have remained
+in comparative obscurity. He would have continued
+riding the circuit in central Illinois, making a scanty
+living as a lawyer, entertaining tavern loungers with
+funny stories, and would have passed away unhonored
+and unsung. He was now aroused to new activity, and
+when Douglas came to Springfield at the beginning of
+October to defend his Nebraska Bill on the hustings,
+Lincoln replied to him in a great speech, one of the
+world's masterpieces of argumentative power and moral
+grandeur, which left Douglas's edifice of "Popular
+Sovereignty" a heap of ruins. This was the first speech
+made by him that gave a true measure of his qualities. It
+was the first public occasion that laid a strong hold upon
+his conscience and stirred the depths of his nature. It
+was also the first speech of his that the writer of this book,
+then twenty years of age, ever listened to. The impression
+made by it has lost nothing by the lapse of time.
+In Lincoln's complete writings it is styled the Peoria
+speech of October 16, 1854, as it was delivered at Peoria,<span class="pagenum"><a id="Page_40">[40]</a></span>
+after the Springfield debate, and subsequently written
+out by Lincoln himself for publication in the <i>Sangamon
+Journal</i>. The Peoria speech contained a few passages of
+rejoinder to Douglas's reply to his Springfield speech. In
+other respects they were the same.<a id="FNanchor_18_18"></a><a href="#Footnote_18_18" class="fnanchor">[18]</a></p>
+
+<p>It was this speech that drew upon Lincoln the eyes of
+the scattered elements of opposition to Douglas. These
+elements were heterogeneous and in part discordant. The
+dividing line between Whigs and Democrats still ran
+through every county in the state, but there was a third
+element, unorganized as yet, known as "Free-Soilers,"
+who traced their lineage back to James G. Birney and
+the campaign of 1844. These were numerous and active
+in the northern counties, but south of the latitude
+of Springfield they dwindled away rapidly. The Free-<span class="pagenum"><a id="Page_41">[41]</a></span>Soilers
+served as a nucleus for the crystallization of the
+Republican party two years later, but in 1854 the older
+organizations, although much demoralized, were still
+unbroken. Probably three fourths of the Whigs were
+opposed to the Nebraska Bill in principle, and half of the
+remainder were glad to avail themselves of any rift in the
+Democratic party to get possession of the offices. There
+was still a substantial fraction of the party, however,
+which feared any taint of abolitionism and was likely to
+side with Douglas in the new alignment.</p>
+
+<p>The legislature consisted of one hundred members&mdash;twenty-five
+senators and seventy-five representatives.
+Twelve of the senators had been elected in 1852 for a four
+years' term, and thirteen were elected in 1854. Among the
+former were N. B. Judd, of Chicago, John M. Palmer,
+of Carlinville, and Burton C. Cook, of Ottawa, three
+Democrats who had early declared their opposition to the
+Nebraska Bill. The full Senate was composed of nine
+Whigs, thirteen regular Democrats, and three anti-Nebraska
+Democrats. A fourth holding-over senator
+(Osgood, Democrat) represented a district which had
+given an anti-Nebraska majority in this election. One
+of the Whig members (J. L. D. Morrison) of St. Clair
+County was elected simultaneously with Trumbull, but
+he was a man of Southern affiliations and his vote on the
+senatorial question was doubtful.</p>
+
+<p>At this time there was no law compelling the two
+branches of a state legislature to unite in an election to
+fill a vacancy in the Senate of the United States. Accordingly,
+when one party controlled one branch of the legislature
+and the opposite party controlled the other, it was
+not uncommon for the minority to refuse to go into joint
+convention. This was the case now. In order to secure a
+joint meeting, it was necessary for at least one Democrat<span class="pagenum"><a id="Page_42">[42]</a></span>
+to vote with the anti-Nebraska members. Mr. Osgood
+did so.</p>
+
+<p>In the House were forty-six anti-Nebraska men of all
+descriptions and twenty-eight Democrats. One member,
+Randolph Heath, of the Lawrence and Crawford District,
+did not vote in the election for Senator at any time.
+Two members from Madison County, Henry L. Baker
+and G. T. Allen, had been elected on the anti-Nebraska
+ticket with Trumbull.</p>
+
+<p>In the chaotic condition of parties it was not to be
+expected that all the opponents of Douglas would coalesce
+at once. The Whig party was held together by the hope
+of reaping large gains from the division of the Democrats
+on the Nebraska Bill. This was a vain hope, because the
+Whigs were divided also; but while it existed it fanned
+the flame of old enmities. Moreover, the anti-Nebraska
+Democrats in the campaign had claimed that they were
+the true Democracy and that they were purifying the
+party in order to preserve and strengthen it. They could
+not instantly abandon that claim by voting for a Whig
+for the highest office to be filled.</p>
+
+<p>The two houses met in the Hall of Representatives on
+February 8, 1855, to choose a Senator. Every inch of
+space on the floor and lobby was occupied by members
+and their political friends, and the gallery was adorned
+by well-dressed women, including Mrs. Lincoln and Mrs.
+Matteson, the governor's wife, and her fair daughters.
+The senatorial election had been the topic of chief concern
+throughout the state for many months, and now the
+interest was centred in a single room not more than one
+hundred feet square. The excitement was intense, for
+everybody knew the event was fraught with consequences
+of great pith and moment, far transcending the
+fate of any individual.</p><p><span class="pagenum"><a id="Page_43">[43]</a></span></p>
+
+<p>Mr. Lincoln had been designated as the choice of a
+caucus of about forty-five members, including all the
+Whigs and most of the Free-Soilers, with their leader,
+Rev. Owen Lovejoy, brother of the Alton martyr.</p>
+
+<p>When the joint convention had been called to order,
+General James Shields was nominated by Senator Benjamin
+Graham, Abraham Lincoln by Representative
+Stephen T. Logan, and Lyman Trumbull by Senator
+John M. Palmer. The first vote resulted as follows:</p>
+
+<div class="center">
+<table border="0" cellpadding="4" cellspacing="0" summary="1st Vote">
+<tr><td align="left">Lincoln</td><td class="tdr">45</td></tr>
+<tr><td align="left">Shields</td><td class="tdr">41</td></tr>
+<tr><td align="left">Trumbull</td><td class="tdr">5</td></tr>
+<tr><td align="left">Scattering</td><td class="tdr">8</td></tr>
+<tr><td align="left">&nbsp;</td><td class="tdr">&mdash;</td></tr>
+<tr><td align="left">Total</td><td class="tdr">99</td></tr>
+</table></div>
+
+<p>Several members of the House who had been elected as
+anti-Nebraska Democrats voted for Lincoln and a few for
+Shields. The vote for Trumbull consisted of Senators
+Palmer, Judd, and Cook and Representatives Baker and
+Allen.</p>
+
+<p>On the second vote, Lincoln had 43 and Trumbull 6,
+and there were no other changes. A third roll-call resulted
+like the second. Thereupon Judge Logan moved an
+adjournment, but this was voted down by 42 to 56. On
+the fourth call, Lincoln's vote fell to 38 and Trumbull's
+rose to 11. On the sixth, Lincoln lost two more, and
+Trumbull dropped to 8.</p>
+
+<p>It now became apparent by the commotion on the
+Democratic side of the chamber that a flank movement
+was taking place. There had been a rumor on the streets
+that if the re&euml;lection of Shields was found to be impossible,
+the Democrats would change to Governor Matteson,
+under the belief that since he had never committed himself
+to the Nebraska Bill he would be able, by reason of<span class="pagenum"><a id="Page_44">[44]</a></span>
+personal and social attachments, to win the votes of
+several anti-Nebraska Democrats who had not voted for
+Shields. This scheme was developed on the seventh call,
+which resulted as follows:</p>
+
+<div class="center">
+<table border="0" cellpadding="4" cellspacing="0" summary="7th Vote">
+<tr><td align="left">Matteson</td><td class="tdr">44</td></tr>
+<tr><td align="left">Lincoln</td><td class="tdr">38</td></tr>
+<tr><td align="left">Trumbull</td><td class="tdr">9</td></tr>
+<tr><td align="left">Scattering</td><td class="tdr">7</td></tr>
+<tr><td align="left">&nbsp;</td><td class="tdr">&mdash;</td></tr>
+<tr><td align="left">Total</td><td class="tdr">98</td></tr>
+</table></div>
+
+<p>On the eighth call, Matteson gained two votes, Lincoln
+fell to 27, and Trumbull received 18. On the ninth and
+tenth, Matteson had 47, Lincoln dropped to 15, and
+Trumbull rose to 35.</p>
+
+<p>The excitement deepened, for it was believed that the
+next vote would be decisive. Matteson wanted only three
+of a majority, and the only way to prevent it was to turn
+Lincoln's fifteen to Trumbull, or Trumbull's thirty-five to
+Lincoln. Obviously the former was the only safe move,
+for none of Lincoln's men would go to Matteson in any
+kind of shuffle, whereas three of Trumbull's men might
+easily be lost if an attempt were made to transfer them to
+the Whig leader. Lincoln was the first to see the imminent
+danger and the first to apply the remedy. In fact
+he was the only one who could have done so, since the
+fifteen supporters who still clung to him would never
+have left him except at his own request. He now besought
+his friends to vote for Trumbull. Some natural
+tears were shed by Judge Logan when he yielded to the
+appeal. He said that the demands of principle were
+superior to those of personal attachment, and he transferred
+his vote to Trumbull. All of the remaining fourteen
+followed his example, and there was a gain of
+one vote that had been previously cast for Archibald<span class="pagenum"><a id="Page_45">[45]</a></span>
+Williams. So the tenth and final roll-call gave Trumbull
+fifty-one votes, and Matteson forty-seven. One member
+still voted for Williams and one did not vote at all. Thus
+the one hundred members of the joint convention were
+accounted for, and Trumbull became Senator by a
+majority of one.</p>
+
+<p>This result astounded the Democrats. They were more
+disappointed by it than they would have been by the
+election of Lincoln. They regarded Trumbull as an arch
+traitor. That he and his fellow traitors Palmer, Judd, and
+Cook should have carried off the great prize was an
+unexpected dose; but they did not know how bitter it was
+until Trumbull took his seat in the Senate and opened
+fire on the Nebraska Bill.</p>
+
+<p>Lincoln took his defeat in good part. Later in the
+evening there was a reception given at the house of Mr.
+Ninian Edwards, whose wife was a sister of Mrs. Lincoln.
+He had been much interested in Lincoln's success and
+was greatly surprised to hear, just before the guests began
+to arrive, that Trumbull had been elected. He and his
+family were easily reconciled to the result, however, since
+Mrs. Trumbull had been from girlhood a favorite among
+them. When she and Trumbull arrived, they were
+naturally the centre of attraction. Mr. and Mrs. Lincoln
+came in a little later. The hostess and her daughters
+greeted them most cordially, saying that they had wished
+for his success, and that while he must be disappointed,
+yet he should bear in mind that his principles had won.
+Mr. Lincoln smiled, moved toward the newly elected
+Senator, and saying, "Not <i>too</i> disappointed to congratulate
+my friend Trumbull," warmly shook his hand.</p>
+
+<p>Lincoln's account of this election, in a letter to Hon.
+E. B. Washburne, concludes by saying:</p>
+
+<p><span class="pagenum"><a id="Page_46">[46]</a></span></p><blockquote><p>I regret my defeat moderately, but I am not nervous about
+it. I could have headed off every combination and been elected
+had it not been for Matteson's double game&mdash;and his defeat
+now gives me more pleasure than my own gives me pain. On
+the whole, it was perhaps as well for our general cause that
+Trumbull is elected. The Nebraska men confess that they hate
+it worse than anything that could have happened. It is a great
+consolation to see them worse whipped than I am. I tell them
+it is their own fault&mdash;that they had abundant opportunity to
+choose between him and me, which they declined, and instead
+forced it on me to decide between him and Matteson.</p></blockquote>
+
+<p>There is no evidence that Trumbull took any steps
+whatever to secure his own election in this contest.<a id="FNanchor_19_19"></a><a href="#Footnote_19_19" class="fnanchor">[19]</a></p>
+<p><span class="pagenum"><a id="Page_47">[47]</a></span></p>
+<p>If Lincoln had been chosen at this time, his campaign
+against Douglas for the Senate in 1858 would not have
+taken place. Consequently he would not have been the
+cynosure of all eyes in that spectacular contest. It was
+Douglas's prestige and prowess that drew him into the
+limelight at that important juncture, and made his nomination
+as President possible in 1860.</p>
+
+<p><span class="pagenum"><a id="Page_48">[48]</a></span></p>
+
+<div class="footnotes">
+<h3>FOOTNOTES:</h3>
+<div class="footnote"><p><a id="Footnote_15_15"></a><a href="#FNanchor_15_15"><span class="label">[15]</span></a> The Journal of the Illinois State Historical Society for October, 1912, contains
+an autobiography of Stephen A. Douglas, of fifteen pages, dated September,
+1838, which was recently found in his own handwriting by his son, Hon.
+Robert M. Douglas, of North Carolina. It terminates just before his first
+campaign for Congress.</p></div>
+
+<div class="footnote"><p><a id="Footnote_16_16"></a><a href="#FNanchor_16_16"><span class="label">[16]</span></a> <i>Cong. Globe</i>, July, 1856, Appendix, p. 712.</p></div>
+
+<div class="footnote"><p><a id="Footnote_17_17"></a><a href="#FNanchor_17_17"><span class="label">[17]</span></a> Letter to the <i>Missouri Democrat</i>, dated March 1, 1856, quoted in P.
+Ormon Ray's <i>Repeal of the Missouri Compromise</i>, p. 232.</p></div>
+
+<div class="footnote"><p><a id="Footnote_18_18"></a><a href="#FNanchor_18_18"><span class="label">[18]</span></a> Some testimony as to the effect produced upon Douglas himself by this
+speech was supplied to me long afterwards from a trustworthy quarter in the
+following letter:&mdash;
+</p>
+<blockquote>
+<p><br />
+<span class="smcap">New York</span>, Dec. 7, 1908.<br />
+</p><p><br />
+<span class="smcap">My dear Mr. White:</span><br />
+</p>
+<p>
+In 1891, at his office in Chicago, Mr. W. C. Gowdy told me that Judge
+Douglas spent the night with him at his house preceding his debate with Mr.
+Lincoln; that after the evening meal Judge Douglas exhibited considerable
+restlessness, pacing back and forth upon the floor of the room, evidently with
+mental preoccupation. The attitude of Judge Douglas was so unusual that Mr.
+Gowdy felt impelled to address him, and said: "Judge Douglas, you appear to be
+ill at ease and under some mental agitation; it cannot be that you have any
+anxiety with reference to the outcome of the debate you are to have with Mr.
+Lincoln; you cannot have any doubt of your ability to dispose of him."
+</p><p>
+Whereupon Judge Douglas, stopping abruptly, turned to Mr. Gowdy and
+said, with great emphasis: "Yes, Gowdy, I am troubled over the progress and
+outcome of this debate. I have known Lincoln for many years, and I have continually
+met him in debate. I regard him as the most difficult and dangerous
+opponent that I have ever met and I have serious misgivings as to what may be
+the result of this joint debate."
+</p><p>
+These in substance, and almost in exact phraseology, are the words repeated
+to me by Mr. Gowdy. Faithfully yours,
+</p>
+<p>
+<br />
+<span class="smcap">Francis Lynde Stetson</span>.<br />
+</p>
+</blockquote>
+<p>
+Mr. Gowdy was a state senator in 1854 and his home was at or near Peoria.
+There was no joint debate between Lincoln and Douglas at or near Gowdy's
+residence, except that of 1854.</p></div>
+
+<div class="footnote"><p><a id="Footnote_19_19"></a><a href="#FNanchor_19_19"><span class="label">[19]</span></a> The following manuscript, written by one of Lincoln's supporters who was
+himself a member of the legislature, was found among the papers of William H.
+Herndon:
+</p>
+
+<blockquote>
+<p>
+"In the contest for the United States Senate in the winter of 1854-55 in the
+Illinois Legislature, nearly all the Whigs and some of the '<i>anti-Nebraska Democrats</i>'
+preferred Mr. Lincoln to any other man. Some of them (and myself
+among the number) had been candidates and had been elected by the people
+for the express purpose of doing all in their power for his election, and a great
+deal of their time during the session was taken up, both in caucus and out of it,
+in laboring to unite the anti-Nebraska party on their favorite, but there was
+from the first, as the result proved, an insuperable obstacle to their success.
+Four of the anti-Nebraska Democrats had been elected in part by Democrats,
+and they not only personally preferred Mr. Trumbull, but considered his election
+necessary to consolidate the union between all those who were opposed to
+repeal of the Missouri Compromise and to the new policy upon the subject of
+slavery which Mr. Douglas and his friends were laboring so hard to inaugurate.
+They insisted that the election of Mr. Trumbull to the Senate would secure
+thousands of Democratic votes to the anti-Nebraska party who would be
+driven off by the election of Mr. Lincoln&mdash;that the Whig party were nearly a
+unit in opposition to Mr. Douglas, so that the election of the favorite candidate
+of the majority would give no particular strength in that quarter, and they
+manifested a fixed purpose to vote steadily for Mr. Trumbull and not at all for
+Mr. Lincoln, and thus compel the friends of Mr. Lincoln to vote for their man
+to prevent the election of Governor Matteson, who, as was ascertained, could,
+after the first few ballots, carry enough anti-Nebraska men to elect him. These
+four men were Judd, of Cook, Palmer, of Macoupin, Cook, of LaSalle, and
+Baker, of Madison. Allen, of Madison, went with them, but was not inflexible,
+and would have voted for Lincoln cheerfully, but did not want to separate
+from his Democratic friends. These men kept aloof from the caucus of both
+parties during the winter. They would not act with the Democrats from
+principle, and would not act with the Whigs from policy.
+</p><p>
+"When the election came off, it was evident, after the first two or three
+ballots, that Mr. Lincoln could not be elected, and it was feared that if the
+balloting continued long, Governor Matteson would be elected. Mr. Lincoln
+then advised his friends to vote for Mr. Trumbull; they did so, and elected him.
+</p><p>
+"Mr. Lincoln was very much disappointed, for I think that at that time it
+was the height of his ambition to get into the United States Senate. He manifested,
+however, no bitterness towards Mr. Judd or the other anti-Nebraska
+Democrats, by whom practically he was beaten, but evidently thought that
+their motives were right. <i>He told me several times afterwards that the election of
+Trumbull was the best thing that could have happened.</i>
+</p><p>
+"There was a great deal of dissatisfaction throughout the state at the result
+of the election. The Whigs constituted a vast majority of the anti-Nebraska
+party. They thought they were entitled to the Senator and that Mr. Lincoln
+by his contest with Mr. Douglas had caused the victory. Mr. Lincoln, however,
+generously exonerated Mr. Trumbull and his friends from all blame in the
+matter. Trumbull's first encounter with Douglas in the Senate filled the people
+of Illinois with admiration for his abilities, and the ill-feeling caused by his
+election gradually faded away.
+</p>
+<p>
+<br />
+"<span class="smcap">Sam C. Parks.</span>"<br />
+</p>
+</blockquote>
+</div>
+</div>
+
+<hr class="chap" />
+
+<h2 id="CHAPTER_IV">CHAPTER IV</h2>
+
+<p class="h3">THE KANSAS WAR</p>
+
+<p>Trumbull took his seat in the Senate at the first
+session of the Thirty-fourth Congress, December 3, 1855.
+His credentials were presented by Senator Crittenden,
+of Kentucky. Senator Cass, of Michigan, presented a
+protest from certain members of the legislature of Illinois
+reciting that the constitution of that state made the
+judges of the supreme and circuit courts ineligible to any
+other office in the state, or in the United States, during
+the terms for which they were elected and one year
+thereafter; affirming that Trumbull was elected judge of
+the supreme court June 7, 1852, for the term of nine
+years and entered upon the duties of that office June 24,
+1852; that the said term of office would not expire until
+1861; and that, therefore, he was not legally elected a
+Senator of the United States. The papers were eventually
+referred to the Committee on the Judiciary, but in the
+mean time Trumbull was sworn in. Before the question
+of reference was disposed of, however, Senator Seward
+contended that no state could fix or define the qualifications
+of a Senator of the United States. He instanced
+the case of N. P. Tallmadge, who had been elected a
+Senator from New York while serving as a member of
+the legislature of that state, although the constitution of
+New York disqualified him and all other members from
+such election. Tallmadge was nevertheless admitted to
+the Senate and served his full term. Trumbull's right to
+his seat was decided in accordance with that precedent
+by a vote of 35 to 8, on the 5th of March, 1856. Senator<span class="pagenum"><a id="Page_49">[49]</a></span>
+Douglas did not vote on this question, nor did he take
+part in the argument on it.</p>
+
+<p>The subject of burning interest in Congress was the
+condition of affairs in Kansas Territory. When the bill
+repealing the Missouri Compromise was pending, the
+opinion had been generally expressed by its supporters
+that slavery never would or could go into that region.
+Several Southern Senators and most of the Northern
+Democrats had held this view. Hunter, of Virginia,
+considered it utterly hopeless to expect that either
+Kansas or Nebraska would ever be a slaveholding state.
+Badger, of North Carolina, said that he had no more
+idea of seeing a slave population in either of them than
+he had of seeing it in Massachusetts. Dixon, of Kentucky,
+held a similar view. Nor is there any reason to
+doubt the sincerity of these men. Apparently the only
+Southern Senator who then cherished a different belief
+was Atchison, of Missouri, whose home was on the border
+of Kansas and whose opinions were based upon personal
+knowledge and backed by self-interest.</p>
+
+<p>President Pierce appointed Andrew H. Reeder, of
+Pennsylvania, governor of Kansas Territory. Reeder
+was not unwilling to co&ouml;perate with the South in establishing
+slavery in an orderly way, but was quite unprepared
+for the tactics which had been planned by others
+to expedite his movements. He called an election for a
+delegate in Congress to be held on the 29th of November,
+1854. An organized army of Missourians marched over
+the Kansas border, seized the polling-places, and cast
+1749 fraudulent votes for a pro-slavery man named
+Whitfield. This was a gratuitous and unnecessary act of
+violence, since the bona-fide settlers from Missouri outnumbered
+the Free State men and the latter were, as
+yet, unorganized and unprepared. Governor Reeder confirmed<span class="pagenum"><a id="Page_50">[50]</a></span>
+the election and thus gave encouragement to the
+invaders for their next attempt.</p>
+
+<p>A few immigrants had already gone into the territory
+from the New England States, moved by the desire of
+bettering their condition in life. Some of them had been
+assisted by the Emigrant Aid Company of Worcester,
+Massachusetts, a society started by Eli Thayer for the
+purpose of furnishing capital, by loans, to such persons
+for traveling expenses and for the building of hotels,
+sawmills, private dwellings, etc. These settlers from the
+East were as little prepared as Reeder himself for the
+sudden swoop of Missourians, and although they wrote
+letters to Northern Congressmen and newspapers protesting
+against the election of Whitfield as an act of
+invasion and a barefaced fraud, nothing was done to
+prevent him from taking his seat.</p>
+
+<p>The next election (for members of the territorial
+legislature) was fixed for the 30th of March, 1855. What
+kind of preparations for it had been made in the mean
+time in Missouri was plainly indicated by the following
+letter, dated Brunswick, Missouri, April 20, 1855,
+published in the New York <i>Herald</i>:</p>
+
+<blockquote><p>From five to seven thousand men started from Missouri to
+attend the election, some to remove, but most to return to their
+families with an intention, if they liked the territory, to make
+it their permanent home at the earliest moment practicable.
+But they intended to vote. The Missourians were many of them
+Douglas men. There were one hundred and fifty voters from
+this county, one hundred and seventy-five from Howard, one
+hundred from Cooper. Indeed, every county furnished its
+quota, and when they set out it looked like an army. They
+were armed. And as there were no houses in the territory they
+carried tents. Their mission was a peaceable one&mdash;to vote,
+and to drive down stakes for their future homes.</p>
+
+<p>After the election some 1500 of the voters sent a committee
+to Mr. Reeder to ascertain if it was his purpose to ratify the<span class="pagenum"><a id="Page_51">[51]</a></span>
+election. He answered that it was, and said that the majority
+at an election must carry the day. But it is not to be denied
+that the 1500, apprehending that the governor might attempt
+to play the tyrant, since his conduct had already been insidious
+and unjust, wore on their hats bunches of hemp. They
+were resolved, if a tyrant attempted to trample on the rights of
+the sovereign people, to hang him.</p></blockquote>
+
+<p>It was not conscious brigandage that prompted this
+movement, but the simplicity of minds tutored on the
+frontier and fashioned in the environment of slavery.
+The fifteen hundred Missourians, who gave Governor
+Reeder to understand that they would hang him on the
+nearest tree if he did not ratify their invasion of Kansas,
+had homes, farms, and families. They supported
+churches and schools of a certain kind and considered
+themselves qualified to civilize Africans. They were
+types of the best society that they had any conception of.
+Far from concealing anything that they had done, they
+boasted of it openly in their newspaper organ, the
+<i>Squatter Sovereign</i>, which published the following under
+the date of April 1:</p>
+
+<blockquote><p><span class="smcap">Independence, Mo.</span>, March 31, 1855.&mdash;Several hundred
+emigrants from Kansas have just entered our city. They were
+preceded by the Westport and Independence brass bands.
+They came in at the west side of the public square and proceeded
+entirely around it, the bands cheering us with fine
+music, and the emigrants with good news. Immediately following
+the bands were about two hundred horsemen in regular
+order. Following these were one hundred and fifty wagons,
+carriages, etc. They gave repeated cheers for Kansas and
+Missouri. They report that not an anti-slavery man will be in
+the Legislature of Kansas. We have made a clean sweep.<a id="FNanchor_20_20"></a><a href="#Footnote_20_20" class="fnanchor">[20]</a></p></blockquote>
+
+<p>This invasion was as needless as the former one, since
+the Free State men were still in the minority, counting
+<span class="pagenum"><a id="Page_52">[52]</a></span>actual settlers only; but the pro-slavery party were
+determined to leave nothing to chance. Senator Atchison,
+in a speech at Weston, Missouri, on the 9th of November,
+1854, had told his constituents how to secure the prize:</p>
+
+<blockquote><p>When you reside in one day's journey of the territory, and
+when your peace, your quiet, and your property depend upon
+your action, you can, without an exertion, send five hundred of
+your young men who will vote in favor of your institution.
+Should each county in the state of Missouri only do its duty,
+the question will be decided quietly and peaceably at the
+ballot-box. If you are defeated, then Missouri and the other
+Southern States will have shown themselves to be recreant to
+their interests, and will deserve their fate.<a id="FNanchor_21_21"></a><a href="#Footnote_21_21" class="fnanchor">[21]</a></p></blockquote>
+
+<p>A little later we find him writing letters like the
+following to a friend in Atlanta, Georgia:</p>
+
+<blockquote><p>Let your young men come forth to Missouri and Kansas.
+Let them come well armed, with money enough to support
+them for twelve months and determined to see this thing out!
+I do not see how we are to avoid a civil war;&mdash;come it will.
+Twelve months will not elapse before war&mdash;civil war of the
+fiercest kind&mdash;will be upon us. We are arming and preparing
+for it.</p></blockquote>
+
+<p>Atchison was constantly spurring others to deeds of
+lawlessness and violence, but he always stopped short
+of committing any himself. He was probably restrained
+by the fear of losing influence at Washington. It was by
+no means certain that President Pierce would tolerate
+everything. The sad fate of one of the companies recruited
+in the South for immigration to Kansas is narrated
+in the following letter, addressed to Senator
+Trumbull by John C. Underwood, of Culpeper Court
+House, Virginia:</p>
+
+<blockquote><p>Soon after the repeal of the Missouri Compromise in 1854,
+<span class="pagenum"><a id="Page_53">[53]</a></span>in the neighborhood of Winchester and Harper's Ferry the project
+of sending a company of young men to Kansas to make it
+a slave state was much agitated. Subscriptions for that purpose
+were asked, and the duty of strengthening our sectional
+interest of slavery by adding two friendly Senators to your
+honorable body, was urged with great zeal upon my neighbors.
+This was long before I had heard of any movement of the New
+England Aid Co., or of anybody on the part of freedom. It was
+my understanding at the time that Senator Mason was the main
+adviser in the project. This may not have been the case. The
+history of this company will not be soon forgotten. Its taking
+the train on the Baltimore and Ohio R. R. at Harper's Ferry, its
+exploits in Kansas up to the fall of its leader (Sharrard) at the
+hands of Jones, the friend of the Democratic Gov. Geary, are all
+still well remembered. The return of the company with the
+dead body of their leader, and the blasted hopes of its sanguine
+originators, was a gloomy day in our beautiful valley, and created
+a sensation throughout the country.</p></blockquote>
+
+<p>Another letter among the Trumbull papers deserves a
+place here, the author of which was Isaac T. Dement,
+who (writing from Hudson, Illinois, January 10, 1857)
+says that he was living in Kansas the previous year and
+had filed his intention on one hundred and sixty acres of
+land where he had a small store and a dwelling-house:</p>
+
+<blockquote><p>On the 3d of September last [he continues] a band of armed
+men from Missouri came to my place, and after taking what
+they wanted from the store, burned it and the house, and said
+that if they could find me they would hang me. They said that
+they had broken open a post-office and found a letter that I
+wrote to Lane and Brown asking them to come and help us
+with a company of Sharpe's rifles (this is a lie); and also that I
+had furnished Lane and Brown's men with provisions (a lie),
+and that I was a Free State man (that is so).</p></blockquote>
+
+<p>Mr. Dement hoped that Congress would do something
+to compensate him for his losses.</p>
+
+<p>Governor Reeder ought to have been prepared for the
+second invasion. He had had sufficient warning. Unless<span class="pagenum"><a id="Page_54">[54]</a></span>
+he was ready to go all lengths with Atchison and Stringfellow,
+he ought to have declared the entire election
+invalid and reported the facts to President Pierce. But he
+did nothing of the kind. He merely rejected the votes of
+seven election districts where the most notorious frauds
+had been committed, and declared "duly elected" the
+persons voted for in others. Eventually the members
+holding certificates organized as a legislature and admitted
+the seven who had been rejected by Reeder. The
+latter took an early opportunity to go to Washington
+City to make a report to the President in person. He
+stopped en route at his home in Easton, Pennsylvania,
+where he made a public speech exposing the frauds in the
+election and confirming the reports of the Free State
+settlers. Stringfellow warned him not to come back. In
+the <i>Squatter Sovereign</i> of May 29, 1855, he said:</p>
+
+<blockquote><p>From reports received of Reeder he never intends returning
+to our borders. Should he do so we, without hesitation, say
+that our people ought to hang him by the neck like a traitorous
+dog, as he is, so soon as he puts his unhallowed feet upon our
+shores. Vindicate your characters and the territory; and should
+the ungrateful dog dare to come among us again, hang him to
+the first rotten tree. A military force to protect the ballot-box!
+Let President Pierce or Governor Reeder, or any other power,
+attempt such a course in this, or any portion of the Union, and
+that day will never be forgotten.</p></blockquote>
+
+<p>The "Border Ruffian" legislature proceeded to enact
+the entire slave code of Missouri as laws of Kansas. It
+was made a criminal offense for anybody to deny that
+slavery existed in Kansas, or to print anything, or to
+introduce any printed matter, making such denial.
+Nobody could hold any office, even that of notary public,
+who should make such denial. The crime of enticing any
+slave to leave his master was made punishable with
+death, or imprisonment for ten years. That of advising<span class="pagenum"><a id="Page_55">[55]</a></span>
+slaves, by speaking, writing, or printing, to rebel, was
+punishable with death.</p>
+
+<p>Reeder was removed from office by President Pierce
+on the 15th of August, and Wilson Shannon, a former
+governor of Ohio, was appointed as his successor.</p>
+
+<p>The Free State men held a convention at Topeka in
+October, 1855, and framed a state constitution, to be
+submitted to a popular vote, looking to admission to the
+Union. This was equivalent merely to a petition to
+Congress, but it was stigmatized as an act of rebellion by
+the pro-slavery party.</p>
+
+<p>On the 24th of January, 1856, President Pierce sent a
+special message to Congress on the subject of the disturbance
+in Kansas. He alluded to the "angry accusations
+that illegal votes had been polled," and to the
+"imputations of fraud and violence"; but he relied upon
+the fact that the governor had admitted some members
+and rejected others and that each legislative assembly
+had undoubted authority to determine, in the last
+resort, the election and qualification of its own members.
+Thus a principle intended to apply to a few exceptional
+cases of dispute was stretched to cover a case where all
+the seats had been obtained by fraud and usurpation.
+"For all present purposes," he added feebly, the "legislative
+body thus constituted and elected was the legitimate
+assembly of the Territory."</p>
+
+<p>This message was referred to the Senate Committee
+on Territories. On the 12th of March, Senator Douglas
+submitted a report from the committee, and Senator
+Collamer, of Vermont, submitted a minority report.
+This was the occasion of the first passage-at-arms
+between Douglas and his new colleague. The report was
+not merely a general endorsement of President Pierce's
+contention that it was impossible to go behind the returns<span class="pagenum"><a id="Page_56">[56]</a></span>
+of the Kansas election, as certified by Governor Reeder,
+but it went much further in the same direction, putting
+all the blame for the disorders on the New England Emigrant
+Aid Company, and practically justifying the
+Missourians as a people "protecting their own firesides
+from the apprehended horrors of servile insurrection and
+intestine war." Logically, from Douglas's new standpoint,
+the New Englanders had no right to settle in
+Kansas at all, if they had the purpose to make it a free
+state. To this complexion had the doctrine of "popular
+sovereignty" come in the short space of two years.</p>
+
+<p>Two days after the presentation of this report, Mr.
+Trumbull made a three hours' speech upon it without
+other preparation than a perusal of it in a newspaper; it
+had not yet been printed by the Senate. This speech
+was a part of one of the most exciting debates in the annals
+of Congress. He began with a calm but searching
+review of the Kansas-Nebraska Act, dwelling first on the
+failure of the measure to fix any time when the people of
+a territory should exercise the right of deciding whether
+they would have slavery or not. He illustrated his point
+by citing some resolutions adopted by a handful of
+squatters in Kansas as early as September, 1854, many
+months before any legislature had been organized or
+elected, in which it was declared that the squatters aforesaid
+"would exercise the right of expelling from the
+territory, or otherwise punishing any individual, or
+individuals, who may come among us and by act, conspiracy,
+or other illegal means, entice away our slaves or
+clandestinely attempt in any way or form to affect our
+rights of property in the same." These resolutions were
+passed before any persons had arrived under the auspices,
+or by the aid, of the New England Emigrant Aid Company;
+showing that, so far from being aroused to violence<span class="pagenum"><a id="Page_57">[57]</a></span>
+by the threatening attitude of that organization, the
+Missourians were giving notice beforehand that violence
+would be used upon any intending settlers who might
+be opposed to the introduction of slavery.</p>
+
+<p>Douglas had wonderful skill in introducing sophisms
+into a discussion so deftly that his opponent would not
+be likely to notice them, or would think them not worth
+answering, and then enlarging upon them and leading
+the debate away upon a false scent, thus convincing the
+hearers that, as his opponent was weak in this particular,
+he was probably weak everywhere. It was Trumbull's
+forte that he never failed to detect these tricks and turns
+and never neglected them, but exposed them instantly,
+before proceeding on the main line of his argument. It
+was this faculty that made his coming into the Senate a
+welcome reinforcement to the Republican side of the
+chamber.</p>
+
+<p>The report under consideration abounded in these
+characteristic Douglas pitfalls. It said, for example:</p>
+
+<blockquote><p>Although the act of incorporation [of the Emigrant Aid
+Company] does not distinctly declare that it was formed for the
+purpose of controlling the domestic institutions of Kansas and
+forcing it into the Union with a prohibition of slavery in her
+constitution, <i>regardless of the rights and wishes of the people as
+guaranteed by the Constitution of the United States and secured by
+their organic law</i>, yet the whole history of the movement, the
+circumstances in which it had its origin, and the professions and
+avowals of all engaged in it rendered it certain and undeniable
+that such was its object.</p></blockquote>
+
+<p>Here was a double sophistry: First, the implication
+that, if the Emigrant Aid Company had boldly avowed
+that its purpose was to control the domestic institutions
+of Kansas and bring it into the Union as a free state, its
+heinousness would have been plain to all; second, that the
+Constitution of the United States, and the organic act<span class="pagenum"><a id="Page_58">[58]</a></span>
+of the territory itself, guaranteed the people against such
+an outrage. But the declared object of the Nebraska
+Bill was to allow the people to do this very thing by a
+majority vote. Mr. Trumbull brought his flail down
+upon this pair of sophisms with resounding force. In debate
+with Senator Hale, a few days earlier, Toombs, of
+Georgia, had had the manliness to say:</p>
+
+<blockquote><p>With reference to that portion of the Senator's argument
+justifying the Emigrant Aid Societies,&mdash;whatever may be
+their policy, whatever may be the tendency of that policy to
+produce strife,&mdash;if they simply aid emigrants from Massachusetts
+to go to Kansas and to become citizens of that territory,
+I am prepared to say that they violate no law; and they had a
+right to do it; and every attempt to prevent them from doing
+so violated the law and ought not to be sustained.<a id="FNanchor_22_22"></a><a href="#Footnote_22_22" class="fnanchor">[22]</a></p></blockquote>
+
+<p>By way of justifying the Border Ruffians the report
+said that when the emigrants from New England were
+going through Missouri, the violence of their language
+and behavior excited apprehensions that their object was
+to "abolitionize Kansas as a means of prosecuting a relentless
+warfare on the institution of slavery within the
+limits of Missouri."</p>
+
+<blockquote><p>What! [said Trumbull,] abolitionize Kansas! It was said on
+all sides of the Senate Chamber (when the Nebraska bill was
+pending) that it was never meant to have slavery go into
+Kansas. What is meant, then, by abolitionizing Kansas? Is
+it abolitionizing a territory already free, and which was never
+meant to be anything but free, for Free State men to settle in
+it? I cannot understand the force of such language. But they
+were to abolitionize Kansas, according to this report, and for
+what purpose? As a means for prosecuting a relentless warfare
+on the institution of slavery within the limits of Missouri.
+Where is the evidence of such a design? I would like to see it.
+It is not in this report, and if it exists I will go as far as the
+gentleman to put it down. I will neither tolerate nor counte<span class="pagenum"><a id="Page_59">[59]</a></span>nance
+by my action here or elsewhere any society which is
+resorting to means for prosecuting a relentless warfare upon the
+institution of slavery within the limits of Missouri or any other
+state. But there is not a particle of evidence of any such intention
+in the document which professes to set forth the acts of
+the Emigrant Aid Society, and which is incorporated in this
+report.<a id="FNanchor_23_23"></a><a href="#Footnote_23_23" class="fnanchor">[23]</a></p></blockquote>
+
+<p>Trumbull next took up the contention of the report that
+since Governor Reeder had recognized the usurping legislature,
+he and all other governmental authorities were
+estopped from inquiring into its validity. No great effort
+of a trained legal mind was required to overthrow that
+pretension. Trumbull demolished it thoroughly. After
+giving a calm and lucid sketch of the existing condition
+of affairs in the territory, Trumbull brought his speech
+to a conclusion. It fills six pages of the <i>Congressional
+Globe</i>.<a id="FNanchor_24_24"></a><a href="#Footnote_24_24" class="fnanchor">[24]</a></p>
+
+<p>This was the prelude to a hot debate with Douglas,
+who immediately took the floor. Trumbull had remarked
+in the course of his speech that the only political party
+with which he had ever had any affiliations was the Democratic.
+Douglas said that he should make a reply to
+his colleague's speech as soon as it should be printed in
+the <i>Globe</i>, but that he wished to take notice now of the
+<span class="pagenum"><a id="Page_60">[60]</a></span>statement that Trumbull claimed to be a Democrat.
+This, he said, would be considered by every Democrat
+in Illinois as a libel upon the party.</p>
+
+<p>Senator Crittenden called Douglas to order for using
+the word "libel," which he said was unparliamentary,
+being equivalent to the word "lie." Douglas insisted
+that he had not imputed untruth to his colleague, but had
+only said that all the Democrats in Illinois would impute
+it to him when they should read his speech. He then
+went into a general tirade about "Black Republicans,"
+"Know-Nothings," and "Abolitionists," who, he said,
+had joined in making Trumbull a Senator, from which
+it was evident that he was one of the same tribe, and not
+a Democrat. So far as the people of Illinois were concerned,
+he said that his colleague did not dare to go before
+them and take his chances in a general election, for
+he (Douglas) had met him at Salem, Marion County, in
+the summer of 1855, and had told him in the presence of
+thousands of people that, differing as they did, they ought
+not both to represent the State at the same time. Therefore,
+he proposed that they should both sign a paper resigning
+their seats and appeal to the people, "and if I did
+not beat him now with his Know-Nothingism, Abolitionism,
+and all other isms by a majority of twenty thousand
+votes, he should take the seat without the trouble of a
+contest."</p>
+
+<p>Neither Trumbull nor Douglas was gifted with the
+sense of humor, but Trumbull turned the laugh on his
+antagonist by his comments on the coolness of the proposal
+that both Senators should resign their seats, which
+Governor Matteson would have the right to fill immediately,
+and which the people could in no event fill by a
+majority vote, since the people did not elect Senators
+under our system of government. The reason why he did<span class="pagenum"><a id="Page_61">[61]</a></span>
+not answer the challenge at Salem was that his colleague
+did not stay to hear the answer. After he had finished his
+speech it was very convenient for him to be absent. "He
+cut immediately for his tavern without waiting to hear
+me." Trumbull denominated the challenge "a bald
+clap-trap declamation and nothing else."</p>
+
+<p>Douglas's charges about Know-Nothings and Abolitionists
+were well calculated to make an impression in
+southern Illinois; hence Trumbull did not choose to let
+them go unanswered. His reply was pitched upon a higher
+plane, however, than his antagonist's tirade. He said:</p>
+
+<blockquote><p>In my part of the state there are no Know-Nothing organizations
+of whose members I have any knowledge. If they exist,
+they exist secretly. There are no open avowed ones among us.
+These general charges, as to matters of opinion, amount to but
+very little. It is altogether probable that the gentleman and
+myself will differ in opinion not only upon this slavery question,
+but also as to the sentiments of the people of Illinois. The views
+which I entertain are honest ones; they are the sincere sentiments
+of my heart. I will not say that the views which he
+entertains in reference to those matters are not equally honest.
+I impute no such thing as insincerity to any Senator. Claiming
+for myself to be honest and sincere, I am willing to award to
+others the same sincerity that I claim for myself. As to what
+views other men in Illinois may entertain we may honestly
+differ. The views of the members of the legislature may be
+ascertained from their votes on resolutions before them. I do
+not know how to ascertain them in any other way. As for
+Abolitionists I do not know one in our state&mdash;one who wishes
+to interfere with slavery in the states. I have not the acquaintance
+of any of that class. There are thousands who oppose the
+breaking-down of a compromise set up by our fathers to prevent
+the extension of slavery, and I know that the gentleman
+himself once uttered on this floor the sentiment that he did not
+know a man who wished to extend slavery to a free territory.</p></blockquote>
+
+<p>Douglas replied at length to Trumbull on the 20th of
+March, in his most slippery and misleading style. If it<span class="pagenum"><a id="Page_62">[62]</a></span>
+were possible to admire the kind of argument which makes
+the worse appear the better reason, this speech would
+take high rank. It may be worth while to give a single
+sample. Trumbull had said that in his opinion the words
+of the Missouri Compromise, prohibiting slavery in certain
+territories "forever," meant until the territory should
+be admitted into the Union as a state on terms of equality
+with the other states. Douglas seized upon this as a fatal
+admission, and asked why, if "forever" meant only a few
+years, Trumbull and all his allies had been abusing him
+for repealing the sacred compact.</p>
+
+<blockquote><p>If so [he continued], what is meant by all the leaders of that
+great party, of which he (Trumbull) has become so prominent
+a member, when they charge me with violating a solemn compact&mdash;a
+compact which they say consecrated that territory
+to freedom forever? <i>They</i> say it was a compact binding forever.
+<i>He</i> says that it was an unfounded assumption, for it was only
+a law which would become void without even being repealed;
+it was a mere legislative enactment like any other territorial
+law, and the word "forever" meant no more than the word
+"hereafter"&mdash;that it would expire by its own limitation. If
+this assumption be true, it necessarily follows that what he
+calls the Missouri Compromise was no compact&mdash;was not a
+contract&mdash;not even a compromise, the repeal of which would
+involve a breach of faith.<a id="FNanchor_25_25"></a><a href="#Footnote_25_25" class="fnanchor">[25]</a></p></blockquote>
+
+<p>And he continued, ringing the changes on this alleged
+inconsistency through two entire columns of the <i>Globe</i>,
+as though a compact could not be made respecting a territory
+as well as for a state, and ignoring the fact that if
+slaves were prevented from coming into the territory, the
+material for forming a slave state would not exist when
+the people should apply for admission to the Union. If
+the word "forever" had, as Trumbull believed, applied
+only to the territory, it nevertheless answered all practi<span class="pagenum"><a id="Page_63">[63]</a></span>cal
+purposes forever, by moulding the future state, as the
+potter moulds the clay.<a id="FNanchor_26_26"></a><a href="#Footnote_26_26" class="fnanchor">[26]</a></p>
+
+<p>The remainder of Douglas's speech was founded upon
+the doings of Governor Reeder, whom he first used to
+buttress and sustain the bogus legislature in its acts, and
+then turned upon and rent in pitiable fragments, calling
+him "your Governor," as though the Republicans and
+not their opponents had appointed him.</p>
+
+<p>June 9, 1856, the two Senators drifted into debate on
+the Kansas question again, and Trumbull put to Douglas
+the question which Lincoln put to him with such
+momentous consequences in the Freeport debate two years
+later: whether the people of a territory could lawfully exclude
+slavery prior to the formation of a state constitution.
+Trumbull said that the Democratic party was not
+harmonious on this point. He had heard Brown, of Mississippi,
+argue on the floor of the Senate that slavery could
+not be excluded from the territories, while in the formative
+condition, by the territorial legislature, and he had
+heard Cass, of Michigan, maintain exactly the opposite
+doctrine. He would like to know what his colleague's
+views were upon that point:</p>
+
+<blockquote><p>My colleague [he said] has no sort of difficulty in deciding the
+constitutional question as to the right of the people of a territory,
+when they form their constitution, to establish or prohibit
+slavery. Now will he tell me whether they have the right
+<i>before</i> they form a state constitution?<a id="FNanchor_27_27"></a><a href="#Footnote_27_27" class="fnanchor">[27]</a></p></blockquote>
+
+<p>Douglas did not answer this interrogatory. He insisted
+that it was purely a judicial question, and that he and all
+<span class="pagenum"><a id="Page_64">[64]</a></span>good Democrats were in harmony and would sustain the
+decision of the highest tribunal when it should be rendered.
+The Dred Scott case was pending in the Supreme Court,
+but that fact was not mentioned in the debate. The right
+of the people of a territory to exclude slavery before
+arriving at statehood was already the crux of the political
+situation, but its significance was not generally perceived
+at that time. That Trumbull had grasped the fact was
+shown by his concluding remarks in this debate, to wit:</p>
+
+<blockquote><p>My colleague says that the persons with whom he is acting
+are perfectly agreed on the questions at issue. Why, sir, all of
+them in the South say that they have a right to take their
+slaves into a territory and to hold them there as such, while all
+in the North deny it. If that is an agreement, then I do not
+know what Bedlam would be.</p></blockquote>
+
+<p>Bedlam came at Charleston four years later. It is
+worthy of remark that in this debate Douglas held that
+a negro could bring an action for personal freedom in a
+territory and have it presented to the Supreme Court of
+the United States for decision. In the Dred Scott case,
+subsequently decided, the court held that a negro could
+not bring an action in a court of the United States.</p>
+
+<p>The Senate debate on Kansas affairs in the first session
+of the Thirty-fourth Congress was participated in by
+nearly all the members of the body. The best speech on
+the Republican side was made by Seward. This was a
+carefully prepared, farseeing philosophical oration, in
+which the South was warned that the stars in their courses
+were fighting against slavery and that the institution
+took a step toward perdition when it appealed to lawless
+violence. Sumner's speech, which in its consequences
+became more celebrated, was sophomorical and vituperative
+and was not calculated to help the cause that its
+author espoused; but the assault made upon him by Preston<span class="pagenum"><a id="Page_65">[65]</a></span>
+S. Brooks maddened the North and drew attention
+away from its defects of taste and judgment. Collamer,
+of Vermont, made a notable speech in addition to his
+notable minority report from the Committee on Territories.
+Wilson, of Massachusetts, and Hale, of New Hampshire,
+received well-earned plaudits for the thoroughness
+with which they exposed the frauds and violence of the
+Border Ruffians, and commented on the vacillation and
+stammering of President Pierce. That Trumbull had the
+advantage of his wily antagonist must be the conclusion
+of impartial readers at the present day.</p>
+
+<p>If a newcomer in the Senate to-day should plunge <i>in
+medias res</i> and deliver a three-hours' speech as soon as he
+could get the floor, he would probably be made aware of
+the opinion of his elders that he had been over-hasty.
+It was not so in the exciting times of the decade before the
+Civil War. All help was eagerly welcomed. Moreover,
+Trumbull's constituents would not have tolerated any
+delay on his part in getting into the thickest of the fight.
+Any signs of hanging back would have been construed as
+timidity. The anti-Nebraska Democrats of Illinois required
+early proof that their Senator was not afraid of the
+Little Giant, but was his match at cut-and-thrust debate
+as well as his superior in dignity and moral power. The
+North rang with the praises of Trumbull, and some persons,
+whose admiration of Lincoln was unbounded and
+unchangeable, were heard to say that perhaps Providence
+had selected the right man for Senator from Illinois. Although
+Lincoln's personality was more magnetic, Trumbull's
+intellect was more alert, his diction the more incisive,
+and his temper was the more combative of the two.</p>
+
+<p>From a mass of letters and newspapers commending
+Mr. Trumbull on his first appearance on the floor of the
+Senate, a few are selected for notice.</p><p><span class="pagenum"><a id="Page_66">[66]</a></span></p>
+
+<p>The New York <i>Tribune</i>, March 15, 1856, Washington
+letter signed "H. G.," p. 4, col. 5:</p>
+
+<blockquote><p>Mr. Trumbull's review of Senator Douglas's pro-slavery
+Kansas report is hailed with enthusiasm, as calculated to do
+honor to the palmiest days of the Senate. Though three hours
+long, it commanded full galleries, and the most fixed attention
+to the close. It was searching as well as able, and was at once
+dignified and convincing.</p>
+
+<p>When Mr. Trumbull closed, Mr. Douglas rose, in bad temper,
+to complain that the attack had been commenced in his
+absence, and to ask the Senate to fix a day for his reply. He
+said Mr. Trumbull had claimed to be a Democrat; but that
+claim would be considered a libel by the Democracy of Illinois.
+Here Mr. Crittenden rose to a question of order, and a most
+exciting passage ensued; the flash of the Kentuckian's eye and
+the sternness of his bearing were such as are rarely seen in the
+Senate.</p></blockquote>
+
+<p>The New York <i>Daily Times</i>, Washington letter, dated
+June 9:</p>
+
+<blockquote><p>Douglas was much disconcerted to-day by Senator Trumbull's
+keen exposure of his Nebraska sophism. He was directly
+asked if he believed that the people of the territories have the
+right to exclude slavery before forming a state government, but
+he refused to give his opinion, saying that it was a question to
+be determined by the Supreme Court. Trumbull then exposed
+with great force Douglas's equivocal platform of popular sovereignty,
+which means one thing at the South and another
+at the North. The "Little Giant" was fairly smoked out.</p></blockquote>
+
+<p>Charles Sumner writes to E. L. Pierce, March 21:</p>
+
+<blockquote><p>Trumbull is a hero, and more than a match for Douglas.
+Illinois, in sending him, has done much to make me forget that
+she sent Douglas. You will read the main speech which is able;
+but you can hardly appreciate the ready courage and power
+with which he grappled with his colleague and throttled him.
+We are all proud of his work.</p></blockquote>
+
+<p>S. P. Chase, Executive Office, Columbus, Ohio, April
+14, 1856, writes:</p><p><span class="pagenum"><a id="Page_67">[67]</a></span></p>
+
+<blockquote><p>I have read your speech with great interest. It was timely&mdash;exactly
+at the right moment and its logic and statement are
+irresistible. How I rejoice that Illinois has sent you to the
+Senate.</p></blockquote>
+
+<p>John Johnson, Mount Vernon, Illinois, writes:</p>
+
+<blockquote><p>I wish I could express the pleasure that I and many other of
+your friends feel when we remember that we have such a man
+as yourself in Congress, who loves liberty and truth and is not
+ashamed or afraid to speak. Let me say that I thank the
+Ruler of the Universe that we have got such a man into the
+Senate of the United States.... Your influence will tell on
+the interests of the nation in years to come.</p></blockquote>
+
+<p>John H. Bryant, Princeton, writes:</p>
+
+<blockquote><p>The expectations of those who elected Mr. Trumbull to the
+Senate have been fully met by his course in that body, those
+of Democratic antecedents being satisfied and the Whigs very
+happily disappointed. For Mr. Lincoln the people have great
+respect, and great confidence in his ability and integrity. Still
+the feeling here is that you have filled the place at this particular
+time better than he could have done.<a id="FNanchor_28_28"></a><a href="#Footnote_28_28" class="fnanchor">[28]</a></p></blockquote>
+
+<p>At this time Trumbull received a letter from one of the
+Ohio River counties which, by reason of the singularity
+of its contents as well as of the subsequent distinction of
+the writer, merits preservation:</p>
+
+<blockquote><p>Green B. Raum, Golconda, Pope Co., Feb. 9, '57, wishes
+Trumbull to find out why he cannot get his pay for taking
+depositions at the instance of the Secretary of the Interior in a
+lawsuit involving the freedom of sixty negroes legally manumitted,
+but still held in slavery in Crawford County, Arkansas.
+The witnesses whose depositions were taken were living in Pope
+Co., Ill. Raum advanced $43.25 for witness fees and costs and
+was engaged one month in the work, for which he charged
+$300. This was done in May, 1855, but he had never been paid
+even the amount that he advanced out of his own pocket.<a id="FNanchor_29_29"></a><a href="#Footnote_29_29" class="fnanchor">[29]</a></p></blockquote>
+<p><span class="pagenum"><a id="Page_68">[68]</a></span></p>
+<p>In April, 1857, Trumbull received an urgent appeal from
+Cyrus Aldrich, George A. Nourse, and others in Minnesota
+asking him to come to that territory and make
+speeches for one month to help the Republicans carry the
+convention which had been called to frame a state constitution.
+He responded to this call and took an active
+part in the campaign, which resulted favorably to the
+Republican party.</p><p><span class="pagenum"><a id="Page_69">[69]</a></span></p>
+
+<div class="footnotes">
+<h3>FOOTNOTES:</h3>
+
+<div class="footnote"><p><a id="Footnote_20_20"></a><a href="#FNanchor_20_20"><span class="label">[20]</span></a> Edited by B. F. Stringfellow, author of <i>African Slavery no Evil</i>, St. Louis,
+1854.</p></div>
+
+<div class="footnote"><p><a id="Footnote_21_21"></a><a href="#FNanchor_21_21"><span class="label">[21]</span></a> Cited in Villard's <i>John Brown</i>, p. 94.</p></div>
+
+<div class="footnote"><p><a id="Footnote_22_22"></a><a href="#FNanchor_22_22"><span class="label">[22]</span></a> <i>Cong. Globe</i>, Appendix, 1856. p. 118.</p></div>
+
+<div class="footnote"><p><a id="Footnote_23_23"></a><a href="#FNanchor_23_23"><span class="label">[23]</span></a> The writer of this book was intimately acquainted with the doings of the
+Emigrant Aid Societies of the country, having been connected with the
+National Kansas Committee at Chicago. The emigrants usually went up the
+Missouri River by rail from St. Louis to Jefferson City and thence by steamboat
+to Kansas City, Wyandotte, or Leavenworth. They were cautioned to
+conceal as much as possible their identity and destination, in order to avoid
+trouble. Such caution was not necessary, however, since the emigrants knew
+that their own success depended largely upon keeping that avenue of approach
+to Kansas open. Later, in the summer of 1856, it was closed, not in consequence
+of any threatening language or action on the part of the emigrants, but because
+the Border Ruffians were determined to cut off reinforcements to the Free
+State men in Kansas. The tide of travel then took the road through Iowa and
+Nebraska, a longer, more circuitous, and more expensive route.</p></div>
+
+<div class="footnote"><p><a id="Footnote_24_24"></a><a href="#FNanchor_24_24"><span class="label">[24]</span></a> Appendix, p. 200.</p></div>
+
+<div class="footnote"><p><a id="Footnote_25_25"></a><a href="#FNanchor_25_25"><span class="label">[25]</span></a> <i>Cong. Globe</i>, 34th Congress, Appendix, p. 281.</p></div>
+
+<div class="footnote"><p><a id="Footnote_26_26"></a><a href="#FNanchor_26_26"><span class="label">[26]</span></a> In this debate Clayton, of Delaware, contended that the word "forever"
+was meant to apply to any future political body, whether territory or state,
+occupying the ground embraced in the defined limits. Hence he considered the
+Missouri Compromise unconstitutional, but he had opposed the Nebraska Bill
+because he was not willing to reopen the slavery agitation. <i>Cong. Globe</i>, 34th
+Congress, Appendix, p. 777.</p></div>
+
+<div class="footnote"><p><a id="Footnote_27_27"></a><a href="#FNanchor_27_27"><span class="label">[27]</span></a> <i>Cong. Globe</i>, 1856, p. 1371.</p></div>
+
+<div class="footnote"><p><a id="Footnote_28_28"></a><a href="#FNanchor_28_28"><span class="label">[28]</span></a> John H. Bryant, a man of large influence in central Illinois, brother of
+William Cullen Bryant.</p></div>
+
+<div class="footnote"><p><a id="Footnote_29_29"></a><a href="#FNanchor_29_29"><span class="label">[29]</span></a> Green B. Raum, Lawyer, Democrat, brigadier-general in the Union army
+in the Civil War.</p></div>
+</div>
+
+<hr class="chap" />
+
+<h2 id="CHAPTER_V">CHAPTER V</h2>
+
+<p class="h3">THE LECOMPTON FIGHT</p>
+
+<p>In June, 1856, Lincoln wrote to Trumbull urging him
+to attend the Republican National Convention which
+had been called to meet in Philadelphia to nominate candidates
+for President and Vice-President and suggesting
+that he labor for the nomination of a conservative man
+for President. Trumbull went accordingly and co&ouml;perated
+with N. B. Judd, Leonard Swett, William B. Archer, and
+other delegates from Illinois in the proceedings which led
+up to the futile nominations of Fr&eacute;mont and Dayton.
+The only part of these proceedings which interests us now
+is the fact that Abraham Lincoln, who was not a candidate
+for any place, received one hundred and ten votes
+for Vice-President. This result was brought about by
+Mr. William B. Archer, an Illinois Congressman, who
+conceived the idea of proposing his name only a short
+time before the voting began, and secured the co&ouml;peration
+of Mr. Allison, of Pennsylvania, to nominate him.
+Archer wrote to Lincoln that if this bright idea had occurred
+to him a little earlier he could have obtained a majority
+of the convention for him. When the news first
+reached Lincoln at Urbana, Illinois, where he was attending
+court, he thought that the one hundred and ten votes
+were cast for Mr. Lincoln, of Massachusetts.</p>
+
+<p>He wrote to Trumbull on the 27th saying, "It would
+have been easier for us, I think, had we got McLean"
+(instead of Fr&eacute;mont), but he was not without high hopes
+of carrying the state. He was confident of electing Bissell<span class="pagenum"><a id="Page_70">[70]</a></span>
+for governor at all events. In August, Lincoln wrote
+again saying that he had just returned from a speaking
+tour in Edgar, Coles, and Shelby counties, and that he
+had found the chief embarrassment in the way of Republican
+success was the Fillmore ticket. "The great difficulty,"
+he says, "with anti-slavery-extension Fillmore
+men is that they suppose Fillmore as good as Fr&eacute;mont on
+that question; and it is a delicate point to argue them out
+of it, they are so ready to think you are abusing Mr. Fillmore."
+The Fillmore vote in Illinois was 37,444.</p>
+
+<p>The Republican state ticket, headed by William H.
+Bissell for governor, was elected, but Buchanan and
+Breckinridge, the Democratic nominees, received the
+electoral vote of the state and were successful in the
+country at large. The defeat of Fr&eacute;mont caused intense
+disappointment to the Republicans at the time, but it
+was fortunate for the party and for the country that he
+was beaten. He was not the man to deal with the grave
+crisis impending. Disunion was a club already held in
+reserve to greet any Republican President. Senator
+Mason, of Virginia, frankly said so to Trumbull in a Senate
+debate (December 2, 1856), after the election:</p>
+
+<blockquote><p><span class="smcap">Mr. Mason</span>: What I said was this, that if that [Republican]
+party came into power avowing the purpose that it did avow,
+it would necessarily result in the dissolution of the Union,
+whether they desired it or not. It was utterly immaterial who
+was their President; he might have been a man of straw. I
+allude to the purposes of the party.</p>
+
+<p><span class="smcap">Mr. Trumbull</span>: Why, sir, neither Colonel Fr&eacute;mont nor any
+other person can be elected President of the United States
+except in the constitutional mode, and if any individual is
+elected in the mode prescribed in the Constitution, is that cause
+for dissolution of the Union? Assuredly not. If it be, the Constitution
+contains within itself the elements of its own destruction.<a id="FNanchor_30_30"></a><a href="#Footnote_30_30" class="fnanchor">[30]</a></p></blockquote>
+<p><span class="pagenum"><a id="Page_71">[71]</a></span></p>
+<p>Four years passed ere Mr. Mason's prediction was put
+to the test, and the intervening time was mainly occupied
+by a continuation of the Kansas strife. The prevailing
+gloom in the Northern mind was reflected in a letter written
+by Trumbull to Professor J. B. Turner, of Jacksonville,
+Illinois, dated Alton, October 19, 1857, from which
+the following is an extract:</p>
+
+<blockquote><p>Our free institutions are undergoing a fearful trial, nothing
+less, as I can conceive, than a struggle with those now in power,
+who are attempting to subvert the very basis upon which they
+rest. Things are now being done in the name of the Constitution
+which the framers of that instrument took special pains to
+guard against, and which they did provide against as plainly as
+human language could do it. The recent use of the army in
+Kansas, to say nothing of the complicity of the administration
+with the frauds and outrages which have been committed in that
+territory, presents as clear a case of usurpation as could well be
+imagined. Whether the people can be waked up to the change
+which their government is undergoing in time to prevent it, is
+the question. I believe they can. I will not believe that the free
+people of this great country will quietly suffer their government,
+established for the protection of life and liberty, to be changed
+into a slaveholding oligarchy whose chief object is the spread
+and perpetuation of negro slavery and the degradation of free
+white labor.</p></blockquote>
+
+<p>Soon after the inauguration of Buchanan, Robert J.
+Walker, of Mississippi, was appointed by him governor
+of Kansas Territory. Walker was a native of Pennsylvania
+and a man of good repute. He had been Secretary
+of the Treasury under President Polk, and was the author
+of the Tariff of 1846. When he arrived in Kansas steps
+had already been taken by the territorial legislature for
+electing members of a constitutional convention with a
+view to admission to the Union as a state. Governor
+Walker urged the Free State men to participate in this
+election, promising them fair treatment and an honest<span class="pagenum"><a id="Page_72">[72]</a></span>
+count of votes; but they still feared treachery and violence
+and fraud in the election returns. Moreover, voters were
+required to take a test oath that they would support the
+Constitution as framed. As Walker had assured them
+that the Constitution would be submitted to a vote of
+the people, they decided to take no part in framing it,
+but to vote it down when it should be submitted.</p>
+
+<p>The convention met in the territorial capital, Lecompton.
+While it was in session a regular election of members
+of the territorial legislature took place, and Governor
+Walker had so far won the confidence of the Free State
+men that they took part in it and elected a majority of the
+members of both branches. About one month later news
+came that the constitutional convention had completed
+its labors and had decided not to submit the constitution
+itself to a vote of the people, but only the slavery clause.
+People could vote "For the constitution with slavery,"
+or "For the constitution with no slavery," but in no case
+should the right of property in slaves already in the territory
+be questioned, nor should the constitution itself
+be amended until 1864, and no amendment should be
+made affecting the rights of property in such slaves.</p>
+
+<p>Senator Douglas was in Chicago when this news arrived.
+He at once declared to his friends that this scheme
+had its origin in Buchanan's Cabinet. Governor James
+W. Geary, Walker's predecessor in office, had vetoed the
+bill calling the convention, because it contained no clause
+requiring submission of the constitution to the people;
+but it had been passed over his veto. He subsequently
+said, in a published letter, that the committees of the
+legislature having the matter in charge informed him that
+their friends in the South did not desire a submission
+clause. It was proved later that a conspiracy with this
+aim existed in Buchanan's Cabinet without his knowledge,<span class="pagenum"><a id="Page_73">[73]</a></span>
+and that the guiding spirit was Jacob Thompson,
+of Mississippi, Secretary of the Interior. The chief manager
+in Kansas was John Calhoun, the president of the
+convention, who had been designated also as the canvassing
+officer of the election returns under the submission
+clause.</p>
+
+<p>Buchanan was not admitted to the secret of the conspiracy
+until the deed was done. He had committed himself
+both verbally and in writing to the submission of the
+whole constitution to the people for ratification or rejection.
+He had pledged himself in this behalf to Governor
+Walker, who had pledged himself to the people of Kansas.
+Walker kept his pledge, but Buchanan broke his. He surrendered
+to the Cabinet cabal and made the admission of
+Kansas under the Lecompton Constitution the policy of
+his administration. It proved to be his ruin, as an earlier
+breach of promise had been the ruin of Pierce.</p>
+
+<p>Walker exposed and denounced the whole conspiracy
+and resigned the governorship, the duties of which devolved
+upon F. P. Stanton, the secretary of the territory,
+a man of ability and integrity, who had been a member
+of Congress from Tennessee. Stanton called the legislature
+in special session. The legislature declared for a
+clause for or against the constitution as a whole, to be
+voted on at an election to be held January 4, 1858.
+Stanton was forthwith removed from office by Buchanan,
+and John A. Denver was appointed governor to fill Walker's
+place.</p>
+
+<p>The stand taken by Douglas in reference to the Lecompton
+Constitution before the meeting of Congress, and
+the doubts and fears excited thereby in the minds of the
+leading Republicans of Illinois, are indicated in private
+letters received by Trumbull in that interval, a few of
+which are here cited:</p><p><span class="pagenum"><a id="Page_74">[74]</a></span></p>
+
+<p>E. Peck, Chicago, November 23, 1857, says: Judge Douglas
+takes the ground openly that the <i>whole</i> of the Kansas constitution
+must be submitted to the people for approval.</p>
+
+<p>C. H. Ray, chief editor of the Chicago <i>Tribune</i>, writes that
+Douglas is just starting for Washington; he says that he sent
+a man to the <i>Tribune</i> office to remonstrate against its course
+toward him "while he is doing what we all want him to do."
+Dr. Ray had no faith in him.</p>
+
+<p>N. B. Judd, Chicago, November 24, says that Douglas took
+pains to get leading Republicans into his room to tell them
+that he intended to fight the administration on the Kansas
+issue.</p>
+
+<p>Judd, November 26, writes that Douglas tells his friends that
+"the whole proceedings in Kansas were concocted by certain
+members of the Cabinet to ruin him." He does not think that
+the President desires this, but he cannot well help himself, and
+the conspirators intend to use Buchanan's name again (for the
+Presidency).</p>
+
+<p>Lincoln wrote under date, Chicago, Nov. 30, 1857: ... What
+think you of the probable "rumpus" among the Democracy
+over the Kansas constitution? I think the Republicans should
+stand clear of it. In their view both the President and Douglas
+are wrong; and they should not espouse the cause of either
+because they may consider the other a little farther wrong of
+the two. From what I am told here, Douglas tried before leaving
+to draw off some Republicans on the dodge, and even succeeded
+in making some impression on one or two.</p>
+
+<p>A. Jonas, Quincy, December 5, is unable to say whether
+Douglas is sincere in the position he has lately taken. "Should
+he act right for once on this question, it will be with some selfish
+motive."</p>
+
+<p>William H. Bissell, governor, Springfield, December 12,
+thinks Douglas's course is dictated solely by his fears connected
+with the next senatorial election.</p>
+
+<p>S. A. Hurlbut, Belvidere, December 14, thinks that as between
+Douglas and the Southern politicians the latter have the
+advantage in point of logic. "If the Lecompton Constitution
+prevails, no amount of party discipline will hold more than one
+third of the Democratic voters in Illinois." He predicts that
+the next Democratic National Convention will endorse John C.<span class="pagenum"><a id="Page_75">[75]</a></span>
+Calhoun's doctrine that slavery exists in the territories by
+virtue of the Constitution.</p>
+
+<p>Sam Galloway, Columbus, Ohio, December 12, asks: "What
+means the movement of Douglas? Is it a ruse or a bona-fide
+patriotic effort? We don't know whether to commend or censure,
+and we are without any knowledge of the workings of his
+heart except as indicated in his speeches."</p>
+
+<p>W. H. Herndon, Springfield, December 16, says: "Douglas
+is more of a man than I took him to be. He has some nerve at
+least. I do not think he is honest in any particular, yet in this
+difficulty he is right."</p>
+
+<p>C. H. Ray, Chicago, December 18, asks for Trumbull's
+views of Douglas's real purposes: "We are almost confounded
+here by his anomalous position and do not know how to treat
+him and his overtures to the Republican party. Personally, I
+am inclined to give him the lash, but I want to do nothing that
+will damage our cause or hinder the emancipation of Kansas."</p>
+
+<p>John G. Nicolay, Springfield, December 20, has been canvassing
+the state to procure subscribers for the St. Louis <i>Democrat</i>.
+He had very good success until the "hard times" came.
+Then he found it necessary to suspend operations. He says
+everybody is watching the political developments in Washington,
+and he thinks that Douglas will be sustained by nearly all
+his party in Illinois. "The Federal office-holders keep mum
+and will not of course declare themselves until they are forced
+to do so."</p>
+
+<p>Samuel C. Parks, Lincoln, Logan County, December 26,
+says: Douglas is no better now than when he was the undisputed
+leader of the pro-slavery party. He has done more to
+undermine the principles upon which this Government was
+founded than any other man that ever lived.</p>
+
+<p>D. L. Phillips, Anna, Union County, March 2, 1858: "You
+need not pay any attention to the silly statements of the <i>Missouri
+Republican</i> and other sheets respecting this part of the
+state being attached to Buchanan. It is simply false. The
+Democracy here are led by the Allens, Marshall, Logan, Parrish,
+Kuykendall, Simons, and others, and these are all for Douglas.
+John Logan is bitter against Buchanan. I think we ought all
+to be satisfied with the course of things. Let the worst come
+now. Better far than defer it, for come it will and must."</p><p><span class="pagenum"><a id="Page_76">[76]</a></span></p>
+
+<p>The first session of the Thirty-fifth Congress began on
+the 7th of December, 1857. President Buchanan's first
+message was largely concerned with the affairs of Kansas.
+He spoke of the framers of the Topeka Constitution as a
+"revolutionary organization," and said that the Lecompton
+Constitution was the work of the lawfully constituted
+authorities. He conceded that the submission clause of the
+Lecompton instrument fell short of his own intentions and
+expectations, but insisted that the slavery question was
+the only matter of dispute and that that was actually submitted
+to the popular vote.</p>
+
+<p>Trumbull was the first Senator to expose these unfounded
+assumptions, and this he did in a brief argument as
+soon as the reading of the message was finished. He showed,
+in the first place, that the Topeka Constitution was no
+whit more "revolutionary" or irregular than the Lecompton
+one, and one of the authorities whom he cited to sustain
+his contention was Buchanan himself, who, in a parallel
+case, had contended that the territorial legislature of
+Michigan had no authority to call a convention to frame
+a state constitution, and that any such proceeding was
+"an act of usurpation." This was not necessarily conclusive
+as to anybody but Buchanan. Yet in another case
+cited, that of Arkansas, where a territorial legislature was
+considering an act for the calling of a convention to frame
+a state constitution and where the governor had asked
+instructions from President Jackson as to his duty in the
+premises, the Attorney-General had held that such an act
+of the Legislature would be without authority and absolutely
+void. (This case had been cited by Douglas the
+previous year, in an argument against the Topeka Constitution.)
+The only regular proceeding was for Congress
+to pass an enabling act, on such terms and conditions as
+it might prescribe, under which the people might form a<span class="pagenum"><a id="Page_77">[77]</a></span>
+constitution preparatory to admission to the Union.
+Any other mode of accomplishing the same result,
+whether initiated by a popular assembly, as at Topeka,
+or by the legislature, as at Lecompton, was in the nature
+of a petition which Congress might respond to favorably,
+and thus legalize, or not. Neither of these modes of beginning
+had any higher authority than the other. Therefore,
+the underpinning of President Buchanan's first argument
+was knocked out by two citations of authority which he
+could not controvert.</p>
+
+<p>His second argument, that the slavery clause in the
+Lecompton Constitution, the only thing in controversy,
+was submitted to the popular vote, was easily demolished.
+The submission clause, said Mr. Trumbull, "amounts
+simply to giving the free white people of Kansas a right
+to determine the condition of a few negroes hereafter to
+be brought into the state, and nothing more; the condition
+of those now there cannot be touched."</p>
+
+<p>On the following day, Senator Douglas made his speech
+against the Lecompton Constitution. It had been eagerly
+expected, and the galleries and floor were crowded. From
+his own standpoint it was a very strong argument, and
+was received with vociferous applause, contrary to the
+rules of the Senate. It left Buchanan with not a rag to
+cover him. It was the first public speech Douglas had ever
+made which went counter to the wishes of the Southern
+people. So when he said,&mdash;"I will go as far as any of you
+to save the party. I have as much heart in the great cause
+that binds us together as a party as any man living; I will
+sacrifice anything short of principle and honor for the
+peace of the party; but if the party will not stand by its
+principles, its faith, its pledges, I will stand there and
+abide whatever consequences may result from the position,"&mdash;we
+must believe that he was sincere and must<span class="pagenum"><a id="Page_78">[78]</a></span>
+respect him for his courage. But his standpoint was that
+of one who "did not care whether slavery was voted down
+or voted up." It represented no high principle; the only
+right he contended for was the right of the people to decide
+for themselves whether they would have a particular
+banking system, or none at all; a Maine liquor law; or a
+railroad running this way or that way; and finally
+whether they would have a slave code or not. Great
+speeches are not kindled with such short stubble.</p>
+
+<p>One thing hinted at in this speech was that Buchanan
+had been so frightened by the revolt in the party against
+the Lecompton Constitution that he had taken steps to
+have the pro-slavery clause rejected at the coming election,
+by the very people who had framed it. "I think I
+have seen enough in the last three days," he said, "to
+make it certain that it will be <i>returned out</i>, no matter how
+the vote may stand." In a later debate, February 4,
+Douglas said:</p>
+
+<blockquote><p>I made my objection [against the Lecompton Constitution]
+at a time when the President of the United States told all his
+friends that he was perfectly sure the pro-slavery clause would
+be voted down. I did it at a time when all or nearly all the
+Senators on this floor supposed the pro-slavery clause would be
+stricken out. I assumed in my speech that it was to be returned
+out, and that the constitution was to come here with that article
+rejected.<a id="FNanchor_31_31"></a><a href="#Footnote_31_31" class="fnanchor">[31]</a></p></blockquote>
+
+<p>If Buchanan had that intention he was not able to carry
+it into effect.</p>
+
+<p>Douglas at this time contemplated an alliance with the
+Republicans. His state of mind is pictured in a letter
+written by Henry Wilson to Rev. Theodore Parker, dated
+Washington, February 28, 1858, of which the following is
+an extract:<a id="FNanchor_32_32"></a><a href="#Footnote_32_32" class="fnanchor">[32]</a></p>
+<p><span class="pagenum"><a id="Page_79">[79]</a></span></p>
+<blockquote><p>I say to you in confidence that you are mistaken in regard to
+Douglas. He is as sure to be with us in the future as Chase,
+Seward, or Sumner. I leave motives to God, but he is to be with
+us, and he is to-day of more weight to our cause than any ten
+men in the country. I know men and I know their power, and
+I know that Douglas will go for crushing the Slave Power to
+atoms. To use his own words to several of our friends <i>this day</i>
+in a three-hours' consultation: "We must grind this administration
+to powder; we must punish every man who supports
+this crime, and <i>we must prostrate forever the Slave Power</i>, which
+uses Presidents and dishonors and disgraces them."</p></blockquote>
+
+<p>Similar testimony is found in the Trumbull correspondence,
+to wit:</p>
+
+<blockquote><p>Jesse K. Dubois, state Auditor, Springfield, March 22, 1858,
+says he has a letter from Ray, of the Chicago <i>Tribune</i>, who
+says that Sheahan, of the <i>Times</i>, who has just returned to
+Washington, says that (1) Lecompton will be defeated; (2) that
+the Republicans shall have all the majority they like in the
+next Illinois legislature, to favor which he wants to unite with
+us in all doubtful counties or rather help us by running Douglas
+legislative tickets "(N. B. I do not see the point of this)";
+(3) he concedes us the Senator, and says Douglas is willing to
+go into private life for a brief period, but protests that we must
+not sacrifice their Congressmen who run again on the Lecompton
+issue, if any one of them desires to go back; (4) they will
+run candidates for Congress in every district, but without hope
+of electing one in the four northern districts "(N. B. I should
+think this is an easy matter)"; (5) Douglas is willing to retire,
+and if he beats Lecompton, to take his chances by and by; (6)
+Douglas and his friends have had a caucus in Washington and
+they agree so to shape matters, if possible, with Republican aid,
+as to return to the next Congress an unbroken phalanx of anti-Lecompton
+men, and break down the administration by making
+it harmless at home and abroad; (7) the fight is to the death,
+<i>&agrave; l'outrance</i>, and cannot be discontinued, no matter what comes
+up. Ray seems to think Sheahan is honest in what he says, and
+has no doubt that he speaks for Douglas.</p>
+
+<p>A. Jonas, Quincy, April 11, says that letters have been received
+from Chicago and Springfield implying that a coalition<span class="pagenum"><a id="Page_80">[80]</a></span>
+is forming between a portion of the Republican party on the
+one hand and Douglas and his followers on the other. He protests
+strongly against any such coalition and declares it can never
+be carried into effect. "To suppose that the Republicans of
+this District can under any circumstances be induced to support
+such a political demagogue and trickster as Isaac N. Morris
+is to believe them capable of worshiping Satan or submitting to
+the dictation of the slave oligarchy."</p>
+
+<p>W. H. Herndon, Springfield, April 12, has just returned from
+the East. He speaks of Greeley's "puffs" of Douglas, which
+he regards as demoralizing to the Republicans of Illinois. "I
+heard Greeley handled quite roughly by the candidate for
+lieutenant-governor of Wisconsin, a very intelligent German.
+He spoke to Greeley in my presence and said that Wisconsin
+stood by Illinois and was not for sale."</p>
+
+<p>E. Peck, Chicago, April 15: "Dr. Brainard has had a talk
+with Dr. Ray, the substance of which was that we should consent
+to run Douglas as our candidate for the House of Representatives
+from this district. What does this mean? Can
+Brainard have any authority to make such a proposition? Ray
+has been advising with me, and we are both in the clouds. I
+requested permission to write to you for your opinion before any
+opinions were expressed here. Mr. Colfax may be able to tell
+you something of the opinions of Douglas. I am shy in believing,
+and more shy in confiding, ... yet Ray believes that Brainard
+was authorized by Douglas to make the proposition."</p>
+
+<p>N. B. Judd, Chicago, April 19, says that if the Lecompton
+Bill is passed, Douglas is laid on the shelf. The Buchanan party
+in Chicago is of no consequence, "great cry and little wool."
+We shall have to fight the Democratic party as a unit. "How
+Douglas is to be the Democratic party in Illinois and the ally
+of the Republicans outside of the state is a problem which those,
+who are arranging with him, ought to know how to work out."</p></blockquote>
+
+<p>Overtures to the Republicans of Illinois did not come
+from Douglas only. Here is one of a different hue:</p>
+
+<blockquote><p>George T. Brown, Alton, February 24, urges the appointment
+of J. E. Starr (Buchanan Democrat) as postmaster at
+Alton. "Slidell opened the way for you to talk to him and you
+can easily do so. The Administration is very desirous that you<span class="pagenum"><a id="Page_81">[81]</a></span>
+should not oppose their appointments, and will give you anything."</p></blockquote>
+
+<p>The foregoing letter betokens a sudden change of mind
+in administration circles at Washington, as is evidenced
+by the following communication which Trumbull had received
+from one of his constituents a few weeks earlier:</p>
+
+<blockquote><p>B. Werner, Caseyville, January 4, refers to a former letter
+enclosing a petition for the establishment of a post-office at
+Caseyville. Hearing nothing of the matter, he went to see
+Mr. Armstrong, the postmaster at St. Louis, narrated the facts,
+and asked whether any order had been received by him respecting
+it. "He asked me to whom I had sent the petition. I told
+him to you. He replied if I had sent the petition to Robert
+Smith (Dem. M.C.) the matter would have been attended to,
+but as Mr. Trumbull was a Black Republican, the department
+would not pay any attention to it."</p></blockquote>
+
+<p>On the 2d of February, 1858, President Buchanan sent
+a special message to Congress with a copy of the Lecompton
+Constitution, and recommended that Kansas be admitted
+to the Union as a state under it. In this message
+he made reference to the Dred Scott decision, which had
+been pronounced by the Supreme Court in the previous
+March. On this point the message said:</p>
+
+<blockquote><p>It has been solemnly adjudged by the highest tribunal
+known to our laws that slavery exists in Kansas by virtue of
+the Constitution of the United States. Kansas is, therefore, at
+this moment as much a slave state as Georgia, or South Carolina.</p></blockquote>
+
+<p>Trumbull made a speech on the special message as soon
+as the reading of it was finished by the secretary. He reviewed
+the action of Governor Walker, which, in the
+beginning, had been avowedly taken with the view of creating
+and promoting a Free State Democratic party in
+Kansas, to which end he had made use of the soldiers
+placed at his disposal by the President. That this was<span class="pagenum"><a id="Page_82">[82]</a></span>
+an act of usurpation was conclusively shown by Trumbull,
+although Walker claimed that it had served the desirable
+purpose of preventing an armed collision between
+the contending factions. Trumbull then touched upon the
+Dred Scott case and maintained that the Supreme Court
+had likewise usurped authority by pronouncing an opinion
+on a case not before it. The court had virtually dismissed
+the case for want of jurisdiction. It had decided that
+Dred Scott was not a citizen and had no right to bring
+this action. There was no longer any case before the
+judges who so held. "Their opinions," said Trumbull,
+"are worth just as much as, and no more than, the opinions
+of any other gentlemen equally respectable in the
+country." Consequently, President Buchanan's assertion
+that Kansas was then as much a slave state as Georgia
+or South Carolina was unfounded and preposterous.
+Seward, Fessenden, and the Republican Senators generally
+held to this doctrine, but Senator Benjamin, of Louisiana,
+replied with considerable force that it was competent
+for the court to decide on what grounds it would
+give its decision, and that it did, in so many words, elect
+to decide the question of slavery in the territories, which
+was the principal question raised by the counsel of Dred
+Scott. That the decision had an aim different from the
+settlement of Dred Scott's claim, and that this aim was
+political, is now sufficiently established. It is also established
+that Dred Scott never took any steps consciously
+to secure freedom, but that the action was brought in his
+name by some speculating lawyers in St. Louis to secure
+damages or wages from the widow of Scott's master, Dr.
+Emerson.<a id="FNanchor_33_33"></a><a href="#Footnote_33_33" class="fnanchor">[33]</a> One additional fact is supplied by a letter in
+the Trumbull correspondence, showing how the money
+was collected to pay the plaintiff's court costs.</p>
+<p><span class="pagenum"><a id="Page_83">[83]</a></span></p>
+<blockquote><p>G. Bailey, Washington, May 12, 1857, writes, that when the
+case of Dred Scott was first brought to the notice of Montgomery
+Blair, he applied to him (Bailey) to know what to do.
+Blair said he would freely give his services without charge if
+Bailey would see to the necessary expenses of the case. Not
+having an opportunity to confer with friends, Bailey replied
+that he would become responsible. He had no doubt the necessary
+money could be raised. On this assurance he proceeded,
+the case was tried, and the result was before the country. Mr.
+Blair had just rendered the bill of costs: $63.18 for writ of error
+and $91.50 for printing briefs; total, $154.68. "May I be so
+bold, my dear sir, as to ask you to contribute two dollars
+toward the payment of this bill. I am now writing to seventy-five
+of the Rep. Members of the late Congress, and if they will
+answer me promptly, each enclosing the quota named, I can
+discharge the bill by myself paying a double share."</p>
+
+<p><i>Mem.</i>: $2 sent by Trumbull June 20th, '57.</p></blockquote>
+
+<p>The debate in the Senate on the Lecompton Bill continued
+till March 23. The best speech on the Republican
+side was made by Fessenden, of Maine, than whom a more
+consummate debater or more knightly character and presence
+has not graced the Senate chamber in my time, if
+ever. On the administration side the laboring oar was
+taken by Toombs, who spoke with more truculence than
+he had shown in the Thirty-fourth Congress. Jefferson
+Davis, who had been returned to the Senate after serving
+as Secretary of War under Pierce, bore himself in this
+debate with decorum and moderation.</p>
+
+<p>The Lecompton Bill passed the Senate, but was disagreed
+to by the House, and a conference committee was
+appointed which adopted a bill proposed by Congressman
+English, of Indiana, which offered a large bonus of
+lands to Kansas, for schools, for a university, and for
+public buildings, if she would vote to come into the Union
+under the Lecompton Constitution now. If she would not
+so vote, she should not have the lands and should not<span class="pagenum"><a id="Page_84">[84]</a></span>
+come into the Union until she should have a population
+sufficient to elect one member of Congress on the ratio
+prescribed by law. The form of submission to a popular
+vote was to be: "Proposition accepted," or "Proposition
+rejected." If there was a majority of acceptances, the
+territory should be admitted as a state at once. Senator
+Seward and Representative Howard, Republican members
+of the conference committee, dissented from the report.
+This bill passed the House.</p>
+
+<p>Douglas made a dignified speech against the English
+Bill, showing that it was in the nature of a bribe to the
+people to vote in a particular way. Although he did not
+think that the bribe would prevail, he could not accept
+the principle. The bill nevertheless passed on the last
+day of April, and on the 2d of August the English proposition
+was voted down by the people of Kansas by an
+overwhelming majority. The Lecompton Constitution
+thus disappeared from sublunary affairs, and John Calhoun
+disappeared from Kansas as soon as steps were
+taken to look into the returns of previous elections canvassed
+by him.</p>
+
+<p>The opinion of a man of high position on the attitude
+of President Buchanan toward Lecomptonism is found in
+another letter to Trumbull:</p>
+
+<blockquote><p>J. D. Caton, chief justice of the supreme court of Illinois,
+Ottawa, March 6, 1858, does not think all the Presidents and
+all the Cabinets and all the Congresses and all the supreme
+courts and all the slaveholders on earth, with all the constitutions
+that could be drawn, could ever make Kansas a slave state.
+"No, there has been no such expectation, and I do not believe
+desire on the part of the present administration to make it a
+slave state, but as he [Buchanan] had already been pestered to
+death with it, he resolved to make it a state as soon as possible,
+and thus being rid of it, let them fight it out as they liked. In
+this mood the Southern members of the Cabinet found him when<span class="pagenum"><a id="Page_85">[85]</a></span>
+the news came of that Lecompton Constitution being framed,
+and he committed himself, thinking, no doubt, that Douglas
+would be hot for it and that there would be no general opposition
+in his own party to it.... You say that the slave trade will
+be established in every state in the Union in five years if the
+Democratic party retains power! As Butterfield told the Universalist
+preacher, who was proving that all men would be
+saved, 'We hope for better things.'"</p></blockquote><p><span class="pagenum"><a id="Page_86">[86]</a></span></p>
+
+<div class="footnotes">
+<h3>FOOTNOTES:</h3>
+
+<div class="footnote"><p><a id="Footnote_30_30"></a><a href="#FNanchor_30_30"><span class="label">[30]</span></a> <i>Cong. Globe</i>, vol. 42, p. 16.</p></div>
+
+<div class="footnote"><p><a id="Footnote_31_31"></a><a href="#FNanchor_31_31"><span class="label">[31]</span></a> <i>Cong. Globe</i>, 85th Cong., 1st Sess., p. 571.</p></div>
+
+<div class="footnote"><p><a id="Footnote_32_32"></a><a href="#FNanchor_32_32"><span class="label">[32]</span></a> Lincoln and Herndon, by Joseph Fort Newton, p. 148.</p></div>
+
+<div class="footnote"><p><a id="Footnote_33_33"></a><a href="#FNanchor_33_33"><span class="label">[33]</span></a> Frederick Trevor Hill in <i>Harper's Magazine</i>, July, 1907.</p></div>
+</div>
+
+<hr class="chap" />
+
+<h2 id="CHAPTER_VI">CHAPTER VI</h2>
+
+<p class="h3">THE CAMPAIGN OF 1858 AND THE JOHN BROWN RAID</p>
+
+<p>The events described in the preceding chapter left
+Senator Douglas still the towering figure in national politics.
+Although he had contributed but a small part of the
+votes in the Senate and House by which the Lecompton
+Bill had been defeated, he had furnished an indispensable
+part. He had humbled the Buchanan administration. He
+had delivered Kansas from the grasp of the Border Ruffians.
+What he might do for freedom in the future, if
+properly encouraged, loomed large in the imagination
+of the Eastern Republicans. Greeley, Seward, Banks,
+Bowles, Burlingame, Henry Wilson, and scores of lesser
+lights were quoted as desiring to see him returned to the
+Senate by Republican votes. Some were even willing to
+support him for the Presidency.</p>
+
+<p>The Republicans of Illinois did not share this enthusiasm.
+Not only had they fixed upon Lincoln as their choice
+for Senator, but they felt that they could not trust Douglas.
+He still said that he cared not whether slavery was
+voted down or voted up. That was the very thing they
+did care about. Could they assume that, after being
+re&euml;lected by their votes and made their standard-bearer,
+he would be a new man, different from the one he had
+been before? And if he remained of the same opinions
+as before, what would become of the Republican party?
+Who could answer for the demoralizing effects of taking
+him for a leader? The views of the party leaders in Illinois
+are set forth at considerable length in letters received
+by Senator Trumbull, the first one from Lincoln himself:</p><p><span class="pagenum"><a id="Page_87">[87]</a></span></p>
+
+<blockquote><p>
+
+<span class="smcap">Bloomington</span>, December 28, 1857.<br />
+<br />
+<span class="smcap">Hon. Lyman Trumbull</span>,<br />
+</p>
+
+<p><span class="smcap">Dear Sir:</span> What does the New York <i>Tribune</i> mean by its
+constant eulogizing and admiring and magnifying Douglas?
+Does it, in this, speak the sentiments of the Republicans at
+Washington? Have they concluded that the Republican cause
+generally can be best promoted by sacrificing us here in Illinois?
+If so, we would like to know it soon; it will save us a great deal
+of labor to surrender at once.</p>
+
+<p>As yet I have heard of no Republican here going over to
+Douglas, but if the <i>Tribune</i> continues to din his praises into the
+ears of its five or ten thousand readers in Illinois, it is more
+than can be hoped that all will stand firm. I am not complaining,
+I only wish for a fair understanding. Please write me at
+Springfield.</p>
+
+<p>
+Your obt. servant,<br />
+<br />
+<span class="smcap">A. Lincoln.</span><br />
+</p>
+</blockquote>
+
+<p>C. H. Ray, Chicago, March 9, 1858, protests against any
+trading with Douglas on the basis of re&euml;lecting him to the
+Senate by Republican votes. The Republicans of Illinois are
+unanimous for Lincoln and will not swerve from that purpose.
+Thinks that Douglas is coming to the Republican camp and
+that the disposal of him will be a difficult problem unless he will
+be content with a place in the Cabinet of the next Republican
+President.</p>
+
+<p>J. K. Dubois, Springfield, April 8, says that Hatch (secretary
+of state) and himself were in Chicago a few days since.
+Found every man there firm and true&mdash;Judd, Peck, Ray,
+Scripps, W. H. Brown, etc. Herndon has just come home;
+says that Wilson, Banks, Greeley, etc., are for returning Douglas
+to the Senate. "God forbid! Are our friends crazy?"</p>
+
+<p>J. M. Palmer, Carlinville, May 25:</p>
+
+<blockquote><p>We feel here that we have fought a strenuous and well-maintained
+battle with Douglas, backed up by the whole strength of
+the Federal patronage, and have won some prospect of overthrowing
+him and placing Illinois permanently in the ranks of
+the party of progress, whether called Republican or by some
+other name, and now, by a "Wall street operation," Lincoln,
+to whom we are all under great obligations, and all our men who<span class="pagenum"><a id="Page_88">[88]</a></span>
+have borne the heat and burden of the day, are to be kicked to
+one side and we are to throw up our caps for Judge Douglas,
+and he very coolly tells us all the time that we are Abolitionists
+and negro worshipers and that he accepts our votes as a favor
+to us! Messrs. Greeley, Seward, Burlingame, etc., are presumed
+to be able to estimate themselves properly, and if they fix only
+that value on themselves, no one has a right to complain, but
+if I vote for Douglas under such circumstances, may I be &mdash;&mdash;. I
+don't swear, but you may fill this blank as you please. Yet I
+have no personal feelings against Douglas.... Lincoln and his
+friends were under no obligation to us in that controversy [of
+1855]. We had, though but five, refused to vote for him under
+circumstances that we thought, at the time, furnished good
+reason for our refusal. We elected an anti-Nebraska Democrat
+to the Senate, by his aid most magnanimously rendered, and
+that result placed us, through you, on the highest possible
+ground in the new party. If you had not been elected, we should
+have been a baffled faction at the tail of an alien organization.
+We have, as a consequence, an anti-Nebraska Democrat for
+governor, and our men are the bone and sinew of the new organization,
+though we are in a minority. In all these results
+Lincoln has contributed his efforts and the Whig element have
+co&ouml;perated. For myself, therefore, I am unalterably determined
+to do all that I can to elect Lincoln to the Senate. <i>I</i> cannot
+elect him, but I can give him and all his friends conclusive
+proof that I am animated by honor and good faith, and will
+stand up for his election until the Republican party, including
+himself and his personal friends, say we have done enough.
+Hence no arrangement that looks to the election of Douglas
+by Republican votes, that does not meet the approval of Lincoln
+and his friends, can meet my approval.</p></blockquote>
+
+<p>The chief difficulty was that Douglas had never established
+for himself a character for stability. People did not
+know what they could depend upon in dealing with him.
+Other questions than Lecompton would soon come up,
+as to which his course would be uncertain. Who could
+say whether he would look northward or southward for
+the Presidency two years hence?</p><p><span class="pagenum"><a id="Page_89">[89]</a></span></p>
+
+<p>Douglas knew that he need not look in either direction
+unless he could first secure his re&euml;lection to the Senate.
+Bear-like, tied to a stake, he must fight the course. His
+campaign against Lincoln for the senatorship does not
+properly appertain to the Life of Trumbull, although the
+latter took an active part in it. The author's recollections
+and memoranda of that campaign were contributed to
+another publication.<a id="FNanchor_34_34"></a><a href="#Footnote_34_34" class="fnanchor">[34]</a> He recalls with pity the weary but
+undaunted look, after nearly four months of incessant
+travel and speaking, of the Little Giant, whose health was
+already much impaired. A letter from Fessenden to Trumbull,
+dated November 16, 1856, spoke of him as "a dying
+man in almost every sense, unless he mends speedily&mdash;of
+which, I take it, there is little hope." In the Senate
+debates from 1855 on, he often spoke of his bad health,
+and in one instance he got out of a sick-bed to vote on
+the Lecompton Bill. The campaign of 1858 was a severe
+drain on his remaining strength, but in manner and mien
+he gave no sign of the waste and exhaustion within.</p>
+
+<p>The Trumbull papers contain some contemporary
+notes on the campaign of 1858. The Buchanan Democrats
+in Illinois gave themselves the high-sounding title of
+the National Democracy. By the Douglas men they were
+called "Danites," a name borrowed from the literature
+of Mormondom. Traces of this sect are found in the following
+letters:</p>
+
+<blockquote><p>D. L. Phillips, Anna, Union County, February 16, 1858,
+says that Hon. John Dougherty will start in a few days for
+Washington to console the President and look for an office for
+himself. (He obtained the Marshalship of southern Illinois.)</p>
+
+<p>W. H. Herndon, Springfield, July 8:</p>
+
+<p>Mr. Lincoln was here a moment ago and told me that he had
+<span class="pagenum"><a id="Page_90">[90]</a></span>just seen Col. Dougherty and had a conversation with him.
+He told Lincoln that the National Democracy intended to run
+in every county and district, a National Democrat for each and
+every office. Lincoln replied, "If you do this the thing is settled." ...
+Lincoln is very certain as to Miller's and Bateman's
+election (on the state ticket), but is gloomy and rather
+uncertain about his own success.</p></blockquote>
+
+<p>Lincoln's own thoughts respecting the Danites are set
+forth incidentally in the following letter:</p>
+
+<blockquote><p>
+
+<span class="smcap">Springfield</span>, June 23, 1858.<br />
+<br />
+<span class="smcap">Hon. Lyman Trumbull</span>,<br />
+</p>
+
+<p><span class="smcap">My dear Sir</span>: Your letter of the 16th reached me only
+yesterday. We had already seen by telegraph a report of Douglas's
+onslaught upon everybody but himself. I have this morning
+seen the Washington <i>Union</i>, in which I think the Judge is
+rather worsted in regard to the onslaught.</p>
+
+<p>In relation to the charge of an alliance between the Republicans
+and the Buchanan men in the state, if being rather pleased
+to see a division in the ranks of Democracy, and not doing anything
+to prevent it, be such an alliance, then there is such an
+alliance. At least, that is true of me. But if it be intended to
+charge that there is any alliance by which there is to be any
+concession of principle on either side, or furnishing of sinews,
+or partition of offices, or swapping of votes to any extent, or
+the doing of anything, great or small, on the one side for a consideration
+expressed or implied on the other, no such thing is
+true so far as I know or believe.</p>
+
+<p>Before this reaches you, you will have seen the proceedings
+of our Republican State Convention. It was really a grand affair
+and was in all respects all that our friends could desire.</p>
+
+<p>The resolution in effect nominating me for Senator was
+passed more for the object of closing down upon the everlasting
+croaking about Wentworth than anything else. The signs look
+reasonably well. Our state ticket, I think, will be elected
+without much difficulty. But with the advantages they have of
+us, we shall be hard run to carry the legislature. We shall greet
+your return home with great pleasure.</p>
+
+<p>
+Yours very truly,<br />
+<br />
+<span class="smcap">A. Lincoln</span>.<br />
+</p><p><span class="pagenum"><a id="Page_91">[91]</a></span></p>
+</blockquote>
+
+<p>The only counties in the state in which the Danites
+showed any vitality were Union County in the south and
+Bureau County in the north. They polled only 5079 votes
+in the whole state.</p>
+
+<p>The influence of the Eastern Republicans, who were inclined
+to support Douglas at the beginning of the campaign,
+and especially that of the New York <i>Tribune</i>, is
+noted by Judd and Herndon.</p>
+
+<p>N. B. Judd, Chicago, July 16:</p>
+
+<blockquote><p>We have lost some Republicans in this region.... You may
+attribute it to the course of the New York <i>Tribune</i>, which has
+tended to loosen party ties and induce old Whigs to look upon
+D.'s return to the Senate as rather desirable. You ought to
+come to Illinois as soon as you can by way of New York and
+straighten out the newspapers there. Even the <i>Evening Post</i>
+compares Douglas to Silas Wright. Bah!</p></blockquote>
+
+<p>W. H. Herndon, Springfield, July 22:</p>
+
+<blockquote><p>There were some Republicans here&mdash;more than we had any
+idea of&mdash;who had been silently influenced by Greeley, and who
+intended to go for Douglas or not take sides against him. His
+speech here aroused the old fires and now they are his enemies.
+Has received a letter from Greeley in which he says: "Now,
+Herndon, I am going to do all I reasonably can to elect Lincoln."</p></blockquote>
+
+<p>N. B. Judd, Chicago, December 26 (after the election),
+says:</p>
+
+<blockquote><p>Horace Greeley has been here lecturing and doing what mischief
+he could. He took Tom Dyer [Democrat, ex-mayor] into
+his confidence and told him all the party secrets that he knew,
+such as that we had been East and endeavored to get money
+for the canvass and that we failed, etc.;&mdash;a beautiful chap he
+is, to be entrusted with the interests of a party. Lecturing is a
+mere pretense. He is running around to our small towns with
+that pretense, but really to head off the defection from his
+paper. It is being stopped by hundreds.</p></blockquote><p><span class="pagenum"><a id="Page_92">[92]</a></span></p>
+
+<p>A. Jonas, Quincy, same date:</p>
+
+<blockquote><p>H. Greeley delivered a lecture before our lyceum last evening&mdash;a
+large crowd to hear him. John Wood, Browning, myself,
+and others talked to him very freely about the course of the
+<i>Tribune</i> in the late campaign. He acknowledged we were right.</p></blockquote>
+
+<p>The Douglas men elected a majority of the legislature,
+but did not have a majority, or even a plurality, of the
+popular vote. So it appears from a letter to Trumbull,
+the existence of which the author himself had forgotten.</p>
+
+<blockquote><p>Horace White, Chicago, January 10, 1859, sends a table of
+votes cast for members of the legislature in the election of 1858,
+showing a plurality of 4191 for Republican candidates for the
+House of Representatives.</p>
+
+<p>W. H. Herndon, Springfield, says that Lincoln was defeated
+in the counties of Sangamon, Morgan, Madison, Logan, and
+Mason&mdash;a group of counties within a radius of eighty miles
+from the capital. They were men from Kentucky, Tennessee,
+and Virginia mainly, old-line Whigs, timid, but generally good
+men, supporters of Fillmore in the election of 1856. "These
+men must be reached in the coming election of 1860. Otherwise
+Trumbull will be beaten also."</p>
+
+<p>
+<span class="smcap">Springfield</span>, January 29,1859.<br />
+<br />
+<span class="smcap">Hon. Lyman Trumbull</span>,<br />
+</p>
+
+<p><span class="smcap">Dear Sir</span>: I have just received your late speech in pamphlet
+form, sent me by yourself. I had seen and read it before in
+a newspaper and I really think it a capital one. When you can
+find leisure, write me your present impression of Douglas's
+movements.</p>
+
+<p>Our friends here from different parts of the state, in and out
+of the legislature, are united, resolute, and determined, and I
+think it almost certain that we shall be far better organized in
+1860 than ever before.</p>
+
+<p>We shall get no just apportionment (of legislative districts)
+and the best we can do&mdash;if we can do that&mdash;is to prevent one
+being made worse than the present.</p>
+
+<p>
+Yours as ever,<br />
+<br />
+<span class="smcap">A. Lincoln</span>.<br />
+</p>
+</blockquote><p><span class="pagenum"><a id="Page_93">[93]</a></span></p>
+
+<p>A letter from Lincoln following the campaign of 1858,
+is appended as showing the cordial relations existing between
+himself and Trumbull. The latter had written to
+him from Washington under date January 29, 1859, saying
+that John Wentworth had written an article, intended
+for publication in the Chicago <i>Journal</i> (but which the
+editor of that paper had refused to print), imputing bad
+faith toward Lincoln on the part of N. B. Judd, B. C.
+Cook, and others, including Trumbull, in the last senatorial
+campaign. Trumbull had received a copy of this
+article, and as its object was to create enmity between
+friends, and as it would probably be published somewhere,
+he wished to assure Lincoln that the statements and insinuations
+contained in it were wholly false. To this Lincoln
+replied as follows:</p>
+
+<blockquote><p>
+
+<span class="smcap">Springfield</span>, February 3, 1859.<br />
+<br />
+<span class="smcap">Hon. L. Trumbull</span>,<br />
+</p>
+
+<p><span class="smcap">My dear Sir</span>: Yours of the 29th is received. The article
+mentioned by you, prepared for the Chicago <i>Journal</i>, I have
+not seen; nor do I wish to see it, though I heard of it a month
+or more ago. Any effort to put enmity between you and me is
+as idle as the wind. I do not for a moment doubt that you, Judd,
+Cook, Palmer, and the Republicans generally coming from the
+old Democratic ranks, were as sincerely anxious for my success
+in the late contest as myself, and I beg to assure you beyond all
+possible cavil that you can scarcely be more anxious to be sustained
+two years hence than I am that you shall be sustained.
+I cannot conceive it possible for me to be a rival of yours or
+to take sides against you in favor of any rival. Nor do I think
+there is much danger of the old Democratic and Whig elements
+of our party breaking into opposing factions. They certainly
+shall not if I can prevent it.</p>
+
+<p>
+Yours as ever,<br />
+<br />
+<span class="smcap">A. Lincoln</span>.<br />
+</p>
+</blockquote>
+
+<p>Twenty days after this letter was penned, there was a
+debate in the Senate which was an echo of the Illinois<span class="pagenum"><a id="Page_94">[94]</a></span>
+campaign, which must have been extremely interesting
+to both Lincoln and Trumbull. In a debate with Douglas
+in 1856, as already noted, Trumbull had asked him
+whether, under his doctrine of popular sovereignty, the
+people could prohibit slavery in a territory before they
+came to form a state constitution. He replied that that
+was a judicial question to be settled by the courts, and
+that all good Democrats would bow to the decision of the
+Supreme Court whenever it should be made. At Freeport,
+in the campaign of 1858, Lincoln put the same question
+to him in a slightly different form.</p>
+
+<p>On the 23d of February, 1859, there was a Senate debate
+on this question, in which Douglas contended that
+the Democratic party, by supporting General Cass in
+1848, had endorsed the same opinion that he (Douglas)
+had maintained at Freeport, since Cass, in his so-called
+"Nicholson Letter," had affirmed the doctrine of squatter
+sovereignty as to slavery in the territories. Douglas now
+contended that every Southern state that gave its electoral
+vote to Cass, including Mississippi, was committed
+to the doctrine that the people of a territory could lawfully
+exclude slavery while still in a territorial condition.
+Jefferson Davis replied:</p>
+
+<blockquote><p>The State of Mississippi voted [in 1848] under the belief that
+that letter meant no more than that when the territory became
+a state, it had authority to decide that question.... If it had
+been known that the venerable candidate then of the Democratic
+party, and now Secretary of State, held the opinion which
+he so frankly avowed at a subsequent period on the floor of the
+Senate, I tell you, sir [addressing Douglas], he would have had
+no more chance to get the vote of Mississippi than you with
+your opinions would have to-day.<a id="FNanchor_35_35"></a><a href="#Footnote_35_35" class="fnanchor">[35]</a></p></blockquote>
+<p><span class="pagenum"><a id="Page_95">[95]</a></span></p>
+<p>On the 2d of February, 1860, Davis introduced a series
+of resolutions in the Senate of a political character evidently
+intended to head off Douglas at the coming Charleston
+Convention; or, failing that, to pave the way for the
+withdrawal of the delegates of the cotton-growing states.
+The fourth resolution was directed against the Douglas
+doctrine of unfriendly legislation, thus:</p>
+
+<blockquote><p><i>Resolved</i>, That neither Congress nor a territorial legislature,
+whether by direct legislation or legislation of indirect and unfriendly
+nature, possesses the power to annul or impair the constitutional
+right of any citizen of the United States to take his
+slave property into the common territories; but it is the duty
+of the Federal Government there to afford for that, as for other
+species of property, the needful protection; and if experience
+should at any time prove that the judiciary does not possess
+power to insure adequate protection, it will then become the
+duty of Congress to supply such deficiency.</p></blockquote>
+
+<p>The Senate debate between Douglas and his Southern
+antagonists was resumed in May, after the explosion of
+the Charleston Convention. Douglas made a two days'
+speech (May 15 and 16) occupying four hours each day,
+but did not mention the subject of unfriendly legislation,
+or show how a territorial legislature could nullify or circumvent
+the Dred Scott decision. He was answered by
+Benjamin, of Louisiana, in a speech which made a sen<span class="pagenum"><a id="Page_96">[96]</a></span>sation
+throughout the country, and in which the doctrine
+of unfriendly legislation was mauled to tatters. Benjamin
+was the first Southern statesman to make his bow to
+the rising fame of Lincoln. After examining the Freeport
+debate, he said:</p>
+
+<blockquote><p>We accuse him [Douglas] for this, to-wit: that, having bargained
+with us upon a point upon which we were at issue, that
+it should be considered a judicial question; that he would abide
+the decision; that he would act under the decision and consider
+it a doctrine of the party; that, having said that to us here
+in the Senate, he went home, and under the stress of a local
+election his knees gave way; his whole person trembled. His
+adversary stood upon principle and was beaten, and lo, he is
+the candidate of a mighty party for Presidency of the United
+States. The Senator from Illinois faltered; he got the prize for
+which he faltered, but lo, the prize of his ambition slips from
+his grasp, because of the faltering which he paid as the price
+of the ignoble prize&mdash;ignoble under the circumstances under
+which he obtained it.<a id="FNanchor_36_36"></a><a href="#Footnote_36_36" class="fnanchor">[36]</a></p></blockquote>
+
+<p>There are scores of letters in Trumbull's correspondence
+calling for copies of Benjamin's speech, yet it had no
+effect in Illinois, the Danite vote being smaller in 1860
+than it had been in 1858. Probably it had influence in
+the National Democratic Convention at Charleston, from
+which the delegates from ten Southern States seceded in
+whole or part when the Douglas platform was adopted.
+This split was followed by an adjournment to Baltimore,
+where a second split took place, Douglas being nominated
+by one faction and Breckinridge, of Kentucky, by the
+other.</p>
+
+<hr class="tb" />
+
+<p>Fifty years have passed since John Brown, with twenty-one
+men, seized the Government armory and arsenal at
+Harper's Ferry (October 16, 1859), in an attempt to abol<span class="pagenum"><a id="Page_97">[97]</a></span>ish
+slavery in the United States. As sinews of war, he
+had about four thousand dollars, or dollars' worth of
+material of one kind and another. With such resources he
+expected to do something which the Government itself,
+with more than a million trained soldiers, five hundred
+warships, and three billions of dollars, accomplished with
+difficulty at the end of a four years' war, during which no
+negro insurrection, large or small, took place. One might
+think that the scheme itself was evidence of insanity. But
+to prove Brown insane on this ground alone, we must
+convict also the persons who plotted and co&ouml;perated with
+him and who furnished him money and arms, knowing
+what he intended to do with them. Some of these were
+men of high intelligence who are still living without strait-jackets,
+and it is not conceivable that they aided and
+abetted him without first estimating, as well as they were
+able, the chances of success. Yet Brown refused to allow
+his counsel to put in a plea of insanity on his trial, saying
+that he was no more insane then than he had been all his
+life, which was probably true. If he was not insane at the
+time of the Pottawatomie massacre, he was a murderer
+who forfeited his own life five times in one night by taking
+that number of lives of his fellow men in cold blood.</p>
+
+<p>I saw and talked with Brown perhaps half a dozen
+times at Chicago during his journeys to and from Kansas.
+He impressed me then as a religious zealot of the Old
+Testament type, believing in the plenary inspiration of
+the Scriptures and in himself as a competent interpreter
+thereof. But the text "Vengeance is mine, saith the Lord,
+I will repay," never engaged his attention. He was oppressed
+with no doubts about anything, least of all about
+his own mission in the world. His mission was to bring
+slavery to an end, but that was a subject that he did not
+talk about. He was a man of few words, and was extremely<span class="pagenum"><a id="Page_98">[98]</a></span>
+reticent about his plans, even those of ordinary movements
+in daily life. He had a square jaw, clean-shaven,
+and an air of calmness and self-confidence, which attracted
+weaker intellects and gave him mastery over
+them. He had steel-gray eyes, and steel-gray hair, close-cropped,
+that stood stiff on his head like wool cards,
+giving him an aspect of invincibleness. When he applied
+to the National Kansas Committee for the arms in their
+possession after the Kansas war was ended, he was asked
+by Mr. H. B. Hurd, the secretary, what use he intended
+to make of them. He refused to answer, and his request
+was accordingly denied. The arms were voted back to the
+Massachusetts men who had contributed them originally.
+Brown obtained an order for them from the owners.</p>
+
+<p>The Thirty-sixth Congress met on the 5th of December,
+1859. The first business introduced in the Senate was a
+resolution from Mason, of Virginia, calling for the appointment
+of a committee to inquire into the facts attending
+John Brown's invasion and seizure of the arsenal
+at Harper's Ferry. Trumbull offered an amendment proposing
+that a similar inquiry be made in regard to the seizure
+in December, 1855, of the United States Arsenal at
+Liberty, Missouri, and the pillage thereof by a band of
+Missourians, who were marching to capture and control
+the ballot-boxes in Kansas. On the following day Trumbull
+made a brief speech in support of his amendment,
+in the course of which he commented on the Harper's
+Ferry affair in words which have never faded from the
+memory of the present writer. Nobody during the intervening
+half-century has summed up the moral and legal
+aspects of the John Brown raid more truly or more forcibly.
+He said:</p>
+
+<blockquote><p>I hope this investigation will be thorough and complete. I
+believe it will do good by disabusing the public mind, in that<span class="pagenum"><a id="Page_99">[99]</a></span>
+portion of the Union which feels most sensitive upon this subject,
+of the idea that the outbreak at Harper's Ferry received any
+countenance or support from any considerable number of persons
+in any portion of this Union. No man who is not prepared
+to subvert the Constitution, destroy the Government, and resolve
+society into its original elements, can justify such an act.
+No matter what evils, either real or imaginary, may exist in the
+body politic, if each individual, or every set of twenty individuals,
+out of more than twenty millions of people, is to be
+permitted, in his own way and in defiance of the laws of the
+land, to undertake to correct those evils, there is not a government
+on the face of the earth that could last a day. And it
+seems to me, sir, that those persons who reason only from abstract
+principles and believe themselves justifiable on all occasions,
+and in every form, in combating evil wherever it exists,
+forget that the right which they claim for themselves exists
+equally in every other person. All governments, the best which
+have been devised, encroach necessarily more or less on the
+individual rights of man and to that extent may be regarded
+as evils. Shall we, therefore, destroy Government, dissolve society,
+destroy regulated and constitutional liberty, and inaugurate
+in its stead anarchy&mdash;a condition of things in which
+every man shall be permitted to follow the instincts of his own
+passions, or prejudices, or feelings, and where there will be no
+protection to the physically weak against the encroachments of
+the strong? Till we are prepared to inaugurate such a state
+as this, no man can justify the deeds done at Harper's Ferry.
+In regard to the misguided man who led the insurgents on that
+occasion, I have no remarks to make. He has already expiated
+upon the gallows the crime which he committed against the
+laws of his country; and to answer for his errors, or his virtues,
+whatever they may have been, he has gone fearlessly and willingly
+before that Judge who cannot err; there let him rest.</p></blockquote>
+
+<p>The debate continued several days and took a pretty
+wide range, the leading Senators on both sides taking part
+in it. Trumbull bore the brunt of it on the Republican
+side, and was cross-examined in courteous but searching
+terms by Yulee, of Florida, Chesnut, of South Carolina,<span class="pagenum"><a id="Page_100">[100]</a></span>
+and Clay, of Alabama, who conceived that the teachings
+of the Republican party tended to produce such characters
+as John Brown. Trumbull answered all their
+queries promptly, fully, and satisfactorily to his political
+friends, if not to his questioners. Nothing in his senatorial
+career brought him more cordial letters of approval than
+this debate. One such came from Lincoln:</p>
+
+<blockquote><p>
+
+<span class="smcap">Springfield</span>, December 25, 1859.<br />
+</p>
+
+<p><span class="smcap">Hon. Lyman Trumbull</span>,</p>
+
+<p><span class="smcap">Dear Sir</span>: I have carefully read your speech, and I judge
+that, by the interruptions, it came out a much better speech
+than you expected to make when you began. It really is an
+excellent one, many of the points being most admirably made.</p>
+
+<p>I was in the inside of the post-office last evening when a mail
+came bringing a considerable number of your documents, and
+the postmaster said to me: "These will be put in the boxes, and
+half will never be called for. If Trumbull would send them to
+me, I would distribute a hundred where he will get ten distributed
+this way." I said: "Shall I write this to Trumbull?" He
+replied: "If you choose you may." I believe he was sincere,
+but you will judge of that for yourself.</p>
+
+<p>
+Yours as ever,<br />
+<br />
+<span class="smcap">A. Lincoln</span>.<br />
+</p>
+</blockquote>
+
+<p>The next in chronological order of the letters of Lincoln
+to Trumbull is the following:</p>
+
+<blockquote><p>
+
+<span class="smcap">Springfield</span>, March 16, 1860.<br />
+</p>
+
+<p><span class="smcap">Hon. L. Trumbull,</span></p>
+
+<p><span class="smcap">My dear Sir</span>: When I first saw by the dispatches that
+Douglas had run from the Senate while you were speaking, I
+did not quite understand it; but seeing by the report that you
+were cramming down his throat that infernal stereotyped lie
+of his about "negro equality," the thing became plain.</p>
+
+<p>Another matter; our friend Delahay wants to be one of the
+Senators from Kansas. Certainly it is not for outsiders to obtrude
+their interference. Delahay has suffered a great deal in
+our cause and been very faithful to it, as I understand. He writes
+me that some of the members of the Kansas legislature have<span class="pagenum"><a id="Page_101">[101]</a></span>
+written you in a way that your simple answer might help him.
+I wish you would consider whether you cannot assist that far,
+without impropriety. I know it is a delicate matter; and I do
+not wish to press you beyond your own judgment.</p>
+
+<p>
+Yours as ever,<br />
+<br />
+A. Lincoln.<a id="FNanchor_37_37"></a><a href="#Footnote_37_37" class="fnanchor">[37]</a><br />
+</p>
+</blockquote>
+<p><span class="pagenum"><a id="Page_102">[102]</a></span></p>
+<div class="footnotes"><h3>FOOTNOTES:</h3>
+
+<div class="footnote"><p><a id="Footnote_34_34"></a><a href="#FNanchor_34_34"><span class="label">[34]</span></a> Herndon-Weik. <i>Life of Lincoln</i>, 2d edition, vol. <span class="smcap">ii</span>, chap. <span class="smcap">iv</span>.</p></div>
+
+<div class="footnote"><p><a id="Footnote_35_35"></a><a href="#FNanchor_35_35"><span class="label">[35]</span></a> When Lincoln, at the Freeport debate, asked Douglas whether the people
+of a territory could in any lawful way exclude slavery from their limits prior to
+the formation of a state constitution, Douglas replied that Lincoln had heard
+him answer that question "a hundred times from every stump in Illinois." He
+certainly had answered it more than once, and his answer had been published
+without attracting attention or comment either North or South. On the 16th of
+July, 1858, six weeks before the Freeport joint debate, he spoke at Bloomington,
+and there announced and affirmed the doctrine of "unfriendly legislation"
+as a means of excluding slavery from the territories. Lincoln was one of the
+persons present when this speech was delivered. On the next day, Douglas
+spoke at Springfield and repeated what he had said at Bloomington. Both of
+these speeches were published in the Illinois <i>State Register</i> of July 19, yet the
+fact was not perceived, either by Lincoln himself, or by any of the lynx-eyed
+editors and astute political friends who labored to prevent him from asking
+Douglas the momentous question. Nor did the Southern leaders seem to be
+aware of Douglas's views on this question until they learned it from the
+Freeport debate.</p></div>
+
+<div class="footnote"><p><a id="Footnote_36_36"></a><a href="#FNanchor_36_36"><span class="label">[36]</span></a> <i>Cong. Globe</i>, 36th Cong., 1st Sess., p. 2241.</p></div>
+
+<div class="footnote"><p><a id="Footnote_37_37"></a><a href="#FNanchor_37_37"><span class="label">[37]</span></a> The manuscript of the foregoing letter is in the Lambert collection of
+Lincolniana. The two following which relate also to Delahay's senatorial aspirations,
+are in the collection of Jesse W. Weik, of Greencastle, Ind.:
+</p>
+<blockquote>
+<p><br />
+<span class="smcap">Springfield</span>, October 17, 1859.<br />
+</p>
+<p>
+<span class="smcap">Dear Delahay</span>: Your letter requesting me to drop a line in your favor to
+Gen. Lane was duly received. I have thought it over, and concluded it is not
+the best way. Any open attempt on my part would injure you; and if the
+object merely be to assure Gen. Lane of my friendship for you, show him the
+letter herewith enclosed. I never saw him, or corresponded with him; so that a
+letter directly from me to him, would run a great hazard of doing harm to both
+you and me.
+</p><p>
+As to the pecuniary matter, about which you formerly wrote me, I again
+appealed to our friend Turner by letter, but he never answered. I can but
+repeat to you that I am so pressed myself, as to be unable to assist you, unless I
+could get it from him.
+</p>
+<p>
+<br />
+Yours as ever,<br />
+</p><p><br />
+(Enclosure)                    <span class="smcap">A. Lincoln</span>.<br />
+</p>
+<p><br />
+<span class="smcap">Springfield</span>, October 17, 1859.<br />
+</p>
+<p>
+<span class="smcap">M. W. Delahay, Esq</span>.,
+</p><p>
+My dear Sir: I hear your name mentioned for one of the seats in the U.S.
+Senate from your new state. I certainly would be gratified with your success;
+and if there was any proper way for me to give you a lift, I would certainly do
+it. But, as it is, I can only wish you well. It would be improper for me to
+interfere; and if I were to attempt it, it would do you harm.
+</p>
+<p>
+<br />
+Your friend, as ever,<br />
+</p><p><br />
+<span class="smcap">A. Lincoln</span>.<br />
+</p>
+<p>
+P.S. Is not the election news glorious?
+</p><p>
+We shall hear of Delahay again.
+</p>
+</blockquote>
+</div>
+</div>
+
+<hr class="chap" />
+
+<h2 id="CHAPTER_VII">CHAPTER VII</h2>
+
+<p class="h3">THE ELECTION OF LINCOLN&mdash;SECESSION</p>
+
+<p>The nomination of Lincoln for President by the Republican
+National Convention in 1860 was a rather impromptu
+affair. In the years preceding 1858 he had not
+been accounted a party leader of importance in national
+politics. The Republican party was still inchoate. Seward
+and Chase were its foremost men. Next to them in rank
+were Sumner, Fessenden, Hale, Collamer, Wade, Banks,
+and Sherman. Lincoln was not counted even in the second
+rank until after the joint debates with Douglas. Attention
+was riveted upon him because his antagonist was the
+most noted man of the time. After the contest of 1858 was
+ended, although ended in defeat, Lincoln was certainly
+elevated in public estimation to a good place in the second
+rank of party leadership. It was not until the beginning
+of 1860, however, that certain persons in Illinois began to
+think of him as a possible nominee for the Presidency.
+Lincoln did not think of himself in that light until the
+month of March, about ten weeks before the convention
+met. His estimate of his own chances was sufficiently
+modest, and even that was shared by few. After the event
+his nomination was seen to have been a natural consequence
+of pre&euml;xisting facts. Seward was the logical candidate
+of the party if, upon a comparison of views, it were
+believed that he could be elected. One third of the delegates
+of Illinois desired his nomination and intended to
+vote for him after a few complimentary votes for Lincoln.</p>
+
+<p>There were some indispensable states, however, which,
+many people believed, Seward could not carry. In Pennsylvania,<span class="pagenum"><a id="Page_103">[103]</a></span>
+Indiana, New Jersey, Connecticut, and Rhode
+Island he was accounted too radical for the temper of the
+electors. Illinois was reckoned by Trumbull and other
+experienced politicians as doubtful if Seward should be the
+standard-bearer. A conservative candidate of good repute,
+and sufficiently well known to the public, seemed to
+be a desideratum. Nobody had as yet thought of seeking
+a <i>radical</i> candidate, who was generally reputed to be a
+<i>conservative</i>. Bates, of Missouri, and McLean, of Ohio,
+were the men most talked about by those who hesitated
+to take Seward. McLean was a judge of the Supreme
+Court appointed by President Jackson. He had been
+Postmaster-General under Monroe and John Quincy
+Adams, and was now seventy-five years of age. Trumbull
+considered him the safest candidate, for vote-getting purposes,
+as regarded Illinois, if Lincoln were not nominated.
+In a letter dated April 7, Lincoln had said that "if McLean
+were ten years younger he would be our best candidate."
+Bates was regarded by both Lincoln and Trumbull
+as a fairly good candidate, but Trumbull had been
+advised by Koerner, the most influential German in Illinois,
+that Bates could not command the German vote.
+Koerner had said also (in a letter dated March 15) that
+he had made himself acquainted with the contents of
+more than fifty German Republican newspapers in the
+United States and had found that they were nearly unanimous
+for Seward, or Fr&eacute;mont, as first choice, but that
+they would cordially support Lincoln or Chase.</p>
+
+<p>On the 24th of April, Trumbull wrote to Lincoln in
+reference to the Chicago nomination. He said that his
+own impression was that, as between Lincoln and Seward,
+the latter would have the larger number of delegates and
+would be likely to succeed; and that this was the prevailing
+belief in Washington, even among those who did not want<span class="pagenum"><a id="Page_104">[104]</a></span>
+Seward nominated. He was also of the opinion that
+Seward could not be elected if nominated. The Congressmen
+from the doubtful states were generally of that
+opinion, and his own correspondence from central and
+southern Illinois pointed the same way. The next question
+was whether the nomination of Seward could be prevented.
+It was Trumbull's opinion that McLean was the
+only man who could succeed in the convention as against
+Seward, and he could do so only as a compromise candidate,
+beginning with a few votes, but being the second
+choice of a sufficient number to outvote Seward in the
+end. As to Lincoln's chances he said:</p>
+
+<blockquote><p>Now I wish you to understand that I am for you first and
+foremost, and want our state to send not only delegates instructed
+in your favor, but your friends, who will stand by you
+and nominate you if possible, never faltering unless you yourself
+shall so advise.</p></blockquote>
+
+<p>In conclusion he asked Lincoln's opinion about McLean.
+Lincoln replied in the following letter:</p>
+
+<blockquote><p>
+
+<span class="smcap">Springfield</span>, April 29, 1860.<br />
+</p>
+
+<p>Hon. L. Trumbull,</p>
+
+<p>My dear Sir: Yours of the 24th was duly received, and I
+have postponed answering it, hoping by the result at Charleston,
+to know who is to lead our adversaries, before writing.
+But Charleston hangs fire, and I wait no longer.</p>
+
+<p>As you request, I will be entirely frank. The taste <i>is</i> in my
+mouth a little; and this, no doubt, disqualifies me, to some extent,
+to form correct opinions. You may confidently rely, however,
+that by no advice or consent of mine shall my pretensions
+be pressed to the point of endangering our common cause.</p>
+
+<p>Now as to my opinion about the chances of others in Illinois,
+I think neither Seward nor Bates can carry Illinois if Douglas
+shall be on the track; and that either of them can, if he shall
+not be. I rather think McLean could carry it, with Douglas
+on or off. In other words, I think McLean is stronger in Illinois,
+taking all sections of it, than either Seward or Bates, and<span class="pagenum"><a id="Page_105">[105]</a></span>
+I think Seward the weakest of the three. I hear no objection
+to McLean, except his age, but that objection seems to occur
+to every one, and it is possible it might leave him no stronger
+than the others. By the way, if we should nominate him, how
+should we save ourselves the chance of filling his vacancy in the
+court? Have him hold on up to the moment of his inauguration?
+Would that course be no drawback upon us in the canvass?</p>
+
+<p>Recurring to Illinois, we want something quite as much as,
+and which is harder to get than, the electoral vote,&mdash;the legislature,&mdash;and
+it is exactly on this point that Seward's nomination
+would be hard on us. Suppose he should gain us a thousand
+votes in Winnebago, it would not compensate for the loss
+of fifty in Edgar.</p>
+
+<p>A word now for your own special benefit. You better write
+no letter which can be distorted into opposition, or <i>quasi</i>-opposition,
+to me. There are men on the constant watch for such
+things, out of which to prejudice my peculiar friends against
+you. While I have no more suspicion of you than I have of my
+best friend living, I am kept in a constant struggle against questions
+of this sort. I have hesitated some to write this paragraph,
+lest you should suspect I do it for my own benefit and
+not for yours, but on reflection I conclude you will not suspect
+me. Let no eye but your own see this&mdash;not that there is anything
+wrong or even ungenerous in it, but it would be misconstrued.</p>
+
+<p>
+Your friend as ever,<br />
+<br />
+<span class="smcap">A. Lincoln.</span><br />
+</p>
+</blockquote>
+
+<p>What happened in the Chicago Convention was widely
+different from the conjectures of these writers, but the result
+seemed entirely reasonable after it was reached. Lincoln
+was as radical as Seward&mdash;subsequent events proved
+him to be more so&mdash;but his tone and temper had been
+more conservative, more sedative, more sympathetic
+toward "our Southern brethren," as he often called them.
+He had never endorsed the "higher-law doctrine," with
+which Seward's name was associated; he believed that
+the South was entitled, under the Constitution, to an<span class="pagenum"><a id="Page_106">[106]</a></span>
+efficient Fugitive Slave Law; he had never incurred the
+enmity, as Seward had, of the Fillmore men, or of the
+American party.</p>
+
+<p>These facts, coupled with some personal contact and
+neighborliness, early attracted the conservative delegates
+of Indiana. Seward, with his "irrepressible conflict"
+speech, had been too strong a dose for them, but they were
+quite willing to take Lincoln, whose phrase, "the house
+divided against itself," had preceded the irrepressible
+conflict speech by some months. The example of Indiana
+bore immediate fruit in other quarters, and especially
+in Pennsylvania. Curtin, the nominee for governor, was
+early convinced that Seward could not carry that state,
+but that Lincoln could. Curtin and Henry S. Lane, the
+nominee for governor of Indiana, became active torch-bearers
+for Lincoln.</p>
+
+<p>When those states pronounced for Lincoln, the men of
+Vermont (the most radical of the New England States),
+who had been waiting and watching in the Babel of discord
+for some solid and assured fact, voting meantime
+for Collamer, turned to Lincoln and gave him their entire
+vote. Vermont's example was more important than her
+numerical strength, for it disclosed the inmost thoughts
+of a group of intelligent, high-principled men, who were
+moved by an unselfish purpose and a solemn responsibility.
+Lincoln had now become the cynosure of the conservatives
+with a first-class radical endorsement to boot,
+and he deserved both distinctions. His nomination followed
+on the third ballot.</p>
+
+<p>Dr. William Jayne, Springfield, May 20, wrote to
+Trumbull:</p>
+
+<blockquote><p>The National Convention is over and Lincoln is our standard-bearer,
+much (I doubt not) to his own surprise; I know to the
+surprise of his friends. They went to Chicago fearful that Seward<span class="pagenum"><a id="Page_107">[107]</a></span>
+would be nominated, and ready to unite on any other man, but
+anxious and zealous for Lincoln. Pennsylvania could agree
+on no man of her own heartily. Ohio was for Chase and Wade.
+Indiana was united on Lincoln. That fact made an impression
+on the New England States. Seward's friends were quite confident
+after the balloting commenced. Now, if Douglas is not
+nominated, we will carry the state by thousands. If D. is nominated,
+we will carry the state, but we will have a hard fight to
+do it.</p></blockquote>
+
+<p>Out of a large mass of letters in the Trumbull correspondence
+touching the nomination of Lincoln, a half-dozen
+are selected as examples.</p>
+
+<blockquote><p>Richard Yates, Jacksonville, May 24, 1860, says the Chicago
+nominations were received with delight, and there is every indication
+of success in Illinois.</p>
+
+<p>John Tillson, Quincy, May 28, writes that the nominations
+are highly acceptable here to every one except the Douglas
+men, who have just found out that Mr. Seward is the purest,
+ablest, and most consistent statesman of the age.</p>
+
+<p>J. A. Mills, Atlanta, Logan County, June 4: "I have never
+seen such enthusiasm, at least since 1840, as is now manifested
+for Lincoln. Scores of Democrats are coming over to us."</p>
+
+<p>B. Lewis, Jacksonville, June 6: "The Charleston Convention
+has struck the Democratic party with paralysis wherever
+Douglas was popular as their leader (and that was pretty much
+all over the free states), and we have now such an opportunity
+to make an impression as I never saw before.... We are actually
+making conversions here every day. The fact tells the
+whole story. In 1858 I anxiously desired to hear of one occasionally,
+at least as a sign, but I could never hear of a single one.
+Now it is all gloriously changed."</p>
+
+<p>W. H. Herndon, Springfield, June 14: "Lincoln is well and
+doing well. Has hundreds of letters daily. Many visitors every
+hour from all sections. He is bored, <i>bored badly</i>. Good gracious!
+I would not have his place and be bored as he is. I could
+not endure it."</p>
+
+<p>H. G. McPike, Alton, June 29: "We have distributed a large
+number of speeches as you are aware, the most effective, I think,
+under all the circumstances, is that of Carl Schurz."</p></blockquote><p><span class="pagenum"><a id="Page_108">[108]</a></span></p>
+
+<p>In reply to letters of Trumbull, of which no copies were
+kept by him, Lincoln wrote the following:</p>
+
+<blockquote><p>
+
+<span class="smcap">Springfield</span>, May 26, 1860.<br />
+<br />
+<span class="smcap">Hon. L. Trumbull</span>,<br />
+</p>
+
+<p><span class="smcap">My dear Sir</span>: I have received your letter since the nomination,
+for which I sincerely thank you. As you say, if we cannot
+get our state up now, I do not see when we can. The
+nominations start well here, and everywhere else as far as I
+have heard. We may have a back-set yet. Give my respects
+to the Republican Senators, and especially to Mr. Hamlin, Mr.
+Seward, Gen. Cameron, and Mr. Wade. Also to your good wife.
+Write again, and do not write so short letters as I do.</p>
+
+<p>
+Your friend as ever,<br />
+<br />
+<span class="smcap">A. Lincoln.</span><br />
+</p>
+
+<p>
+<span class="smcap">Springfield, Ill.</span>, June 5, 1860.<br />
+<br />
+<span class="smcap">Hon. L. Trumbull</span>,<br />
+</p>
+
+<p><span class="smcap">My dear Sir</span>: Yours of May 31, inclosing Judge R.'s<a id="FNanchor_38_38"></a><a href="#Footnote_38_38" class="fnanchor">[38]</a>
+letter is received. I see by the papers this morning, that Mr.
+Fillmore refused to go with us. What do the New Yorkers
+at Washington think of this? Governor Reeder was here last
+evening, direct from Pennsylvania. He is entirely confident of
+that state and of the general result. I do not remember to have
+heard Gen. Cameron's opinion of Penn. Weed was here and
+saw us, but he showed no signs whatever of the intriguer. He
+asked for nothing and said N. Y. is safe without conditions.</p>
+
+<p>Remembering that Peter denied his Lord with an oath, after
+most solemnly protesting that he never would, I will not swear
+I will make no committals, but I do not think I will.</p>
+
+<p>Write me often. I look with great interest for your letters
+now.</p>
+
+<p>
+Yours as ever,<br />
+<br />
+<span class="smcap">A. Lincoln.</span><br />
+</p>
+</blockquote>
+
+<p>Notwithstanding the brilliant opening of the campaign,
+the contest in Illinois was a very stiff one. Dr. Jayne's
+forecast was confirmed by the result. Lincoln's plurality
+over Douglas in the state was 11,946, and his majority
+<span class="pagenum"><a id="Page_109">[109]</a></span>over all was 4629. Dr. Jayne was himself elected State
+Senator in the district composed of Sangamon and Morgan
+counties. The Republican State Committee made
+extraordinary efforts to carry this district, as they believed
+that the re&euml;lection of Senator Trumbull would depend
+upon it. They obtained five thousand dollars as a
+special fund from New York for this purpose. Jayne was
+elected by a majority of seven votes, but Douglas received
+a plurality of one hundred and three over Lincoln in the
+same district. By the election of Jayne, the Republicans
+secured a majority of one in the State Senate. This insured
+the holding of a joint convention of the legislature,
+at which Trumbull was re&euml;lected Senator.</p>
+
+<p>At Springfield, Illinois, November 20, 1860, there was
+a grand celebration of the election of Lincoln and Hamlin,
+at which speeches were made by Trumbull, Palmer, and
+Yates. Lincoln had been urged to say something at this
+meeting that would tend to quiet the rising surges of disunion
+at the South, but he thought that the time for him
+to speak had not yet come. He wished to let his record
+speak for him, and to see whether the commotion in the
+slaveholding states would increase or subside. Meanwhile
+he desired that the influence of this public meeting at his
+home should be peaceful and not irritating. To this end
+he wrote the following words, handed them to Trumbull
+and asked him to make them a part of his speech:</p>
+
+<blockquote><p>I have labored in and for the Republican organization with
+entire confidence that, whenever it shall be in power, each and
+all of the states will be left in as complete control of their own
+affairs respectively, and at as perfect liberty to choose and
+employ their own means of protecting property and preserving
+peace and order within their respective limits, as they have ever
+been under any administration. Those who have voted for Mr.
+Lincoln have expected and still expect this; and they would
+not have voted for him had they expected otherwise.</p><p><span class="pagenum"><a id="Page_110">[110]</a></span></p>
+
+<p>I regard it as extremely fortunate for the peace of the whole
+country that this point, upon which the Republicans have been
+so long and so persistently misrepresented, is now brought to
+a practical test and placed beyond the possibility of a doubt.
+Disunionists <i>per se</i> are now in hot haste to get out of the Union,
+because they perceive they cannot much longer maintain an
+apprehension among the Southern people that their homes
+and firesides and their lives are to be endangered by the action
+of the Federal Government. With such "Now or never" is the
+maxim. I am rather glad of the military preparations in the
+South. It will enable the people the more easily to suppress
+any uprisings there, which those misrepresentations of purpose
+may have encouraged.</p></blockquote>
+
+<p>These words were incorporated in Mr. Trumbull's
+speech and were printed in the newspapers, and the manuscript
+in Lincoln's handwriting is still preserved.<a id="FNanchor_39_39"></a><a href="#Footnote_39_39" class="fnanchor">[39]</a></p>
+
+<p>But Mr. Lincoln's record neither hastened nor retarded
+the secession of the Southern States. The words he had
+previously spoken or written were as completely disregarded
+by the promoters of disunion as were those uttered
+now by Trumbull.</p>
+
+<p>Jefferson Davis was not one of the hot-heads of secession.
+His speech in the Senate on January 10, 1861, reads
+like that of a man who sincerely regretted the step that
+South Carolina had taken, and deprecated that which
+Mississippi was about to take, although he justified it
+afterward, but he believed that the coercion of South
+Carolina would be the death-knell of the Union. His
+remedy for the existing menace was not to reinforce the
+garrison at Fort Sumter, but to withdraw it altogether, as
+a preliminary step to negotiations with the seceding state.
+Yet he did not say what terms South Carolina would agree
+to, or that she would agree to any. That Lincoln was in
+no mood to offer terms to South Carolina or to any se<span class="pagenum"><a id="Page_111">[111]</a></span>ceding
+states which did not say what would satisfy them,
+was made emphatic in a letter from Dr. William Jayne
+to Trumbull, dated Springfield, January 28, saying that
+Governor Yates had received telegraph dispatches from
+the governors of Ohio and Indiana, asking whether Illinois
+would appoint peace commissioners in response to a
+call sent out by the governor of Virginia to meet at Washington
+on the 4th of February. "Lincoln," he continued,
+"advised Yates not to take any action at present. He
+said he would rather be hanged by the neck till he was
+dead on the steps of the Capitol than buy or beg a peaceful
+inauguration."</p>
+
+<p>The following letters from Lincoln throw light on his
+attitude toward a compromise at a somewhat earlier
+stage:</p>
+
+<blockquote><p>
+
+<i>Private and Confidential</i><br />
+<br />
+<span class="smcap">Springfield, Ill.</span>, December 10, 1860.<br />
+<br />
+<span class="smcap">Hon. L. Trumbull</span>,<br />
+</p>
+
+<p><span class="smcap">My dear Sir</span>: Let there be no compromise on the question
+of <i>extending</i> slavery. If there be, all our labor is lost, and ere
+long must be done over again. The dangerous ground&mdash;that
+into which some of our friends have a hankering to run&mdash;is
+Pop. Sov. Have none of it. Stand firm. The tug has to come;
+and better now than any time hereafter.</p>
+
+<p>
+Yours as ever,<br />
+<br />
+<span class="smcap">A. Lincoln</span>.<br />
+</p>
+
+<p>
+<i>Confidential</i><br />
+<br />
+<span class="smcap">Springfield, Ill.</span>, December 17, 1860.<br />
+<br />
+<span class="smcap">Hon. L. Trumbull</span>,<br />
+</p>
+
+<p><span class="smcap">My dear Sir</span>: Yours enclosing Mr. Wade's letter, which I
+herewith return, is received. If any of our friends do prove false
+and fix up a compromise on the territorial question, I am for
+fighting again&mdash;that is all. It is but a repetition for me to say
+I am for an honest enforcement of the Constitution&mdash;the fugitive
+slave clause included.</p>
+
+<p>Mr. Gilmore of N. C. wrote me, and I answered confidentially,<span class="pagenum"><a id="Page_112">[112]</a></span>
+enclosing my letter to Gov. Corwin to be delivered or not as he
+might deem prudent. I now enclose you a copy of it.</p>
+
+<p>
+Yours as ever,<br />
+<br />
+<span class="smcap">A. Lincoln.</span><br />
+</p>
+
+<p>
+<i>Confidential</i><br />
+<br />
+<span class="smcap">Springfield, Ill.</span>, December 21, 1860.<br />
+<br />
+<span class="smcap">Hon. Lyman Trumbull</span>,<br />
+</p>
+
+<p><span class="smcap">My dear Sir</span>: Thurlow Weed was with me nearly all day
+yesterday, and left last night with three short resolutions
+which I drew up, and which, or the substance of which, I think,
+would do much good if introduced and unanimously supported
+by our friends. They do not touch the territorial question. Mr.
+Weed goes to Washington with them; and says that he will first
+of all confer with you and Mr. Hamlin. I think it would be best
+for Mr. Seward to introduce them, and Mr. Weed will let him
+know that I think so. Show this to Mr. Hamlin, but beyond
+him do not let my name be known in the matter.</p>
+
+<p>
+Yours as ever,<br />
+<br />
+<span class="smcap">A. Lincoln</span>.<br />
+</p>
+</blockquote>
+
+<p>The first of the three resolutions named was to amend
+the Constitution by providing that no future amendment
+should be made giving Congress the power to interfere
+with slavery in the states where it existed by law.
+The second was for a law of Congress providing that
+fugitive slaves captured should have a jury trial. The
+third recommended that the Northern States should
+"review" their personal liberty laws.</p>
+
+<blockquote><p>
+
+<span class="smcap">Springfield, Ill.</span>, December 24, 1860.<br />
+<br />
+<span class="smcap">Hon. Lyman Trumbull</span>,<br />
+</p>
+
+<p><span class="smcap">My dear Sir</span>: I expect to be able to offer Mr. Blair a place
+in the Cabinet, but I cannot as yet be committed on the matter
+to any extent whatever.</p>
+
+<p>Dispatches have come here two days in succession that the
+forts in South Carolina will be surrendered by order, or consent,
+at least, of the President. I can scarcely believe this, but if it
+prove true, I will, if our friends in Washington concur, announce
+publicly at once that they are to be retaken after the inaugura<span class="pagenum"><a id="Page_113">[113]</a></span>tion.
+This will give the Union men a rallying cry, and preparations
+will proceed somewhat on this side as well as on the other.</p>
+
+<p>
+Yours as ever,<br />
+<br />
+<span class="smcap">A. Lincoln</span>.<br />
+</p>
+</blockquote>
+
+<p>Trumbull's own opinions about compromise were set
+forth in a correspondence with E. C. Larned, an eminent
+lawyer of Chicago. Under date January 7, Larned sent
+him a series of resolutions written by himself which were
+passed at a great Union meeting composed of Republicans
+and Democrats in Metropolitan Hall. One of these resolutions
+suggested "great concessions" to the South without
+specifying what they should be. Larned asked Trumbull
+to read them and advise him whether they met his
+approval. Trumbull replied under date January 16, at
+considerable length, saying:</p>
+
+<blockquote><p>In the present condition of things it is not advisable, in my
+opinion, for Republicans to concede or talk of conceding anything.
+The people of most of the Southern States are mad and
+in no condition to listen to reasonable propositions. They persist
+in misrepresenting the Republicans and many of them are
+resolved on breaking up the Government before they will consider
+what guarantees they want. To make or propose concessions
+to such a people, only displays the weakness of the Government.
+A Union which can be destroyed at the will of any one
+state is hardly worth preserving. The first question to be determined
+is whether we have a Government capable of maintaining
+itself against a state rebellion. When that question is effectually
+settled and the Republicans are installed in power, I
+would willingly concede almost anything, not involving principle,
+for the purpose of overcoming what I regard the misapprehension
+and prejudice of the South, but to propose concessions
+in advance of obtaining power looks to me very much like a confession
+in advance that the principles on which we carried the
+election are impracticable and wrong. Had the Republican
+party from the start as one man refused to entertain or talk
+compromises and concessions, and given it to be understood
+that the Union was to be maintained and the laws enforced at<span class="pagenum"><a id="Page_114">[114]</a></span>
+all hazards, I do not believe secession would ever have obtained
+the strength it now has.</p></blockquote>
+
+<p>The pages of the <i>Congressional Globe</i> of 1860-61
+make the two most intensely interesting volumes in our
+country's history. They embrace the last words that the
+North and South had to say to each other before the doors
+of the temple of Janus were thrown open to the Civil War.
+As the moment of parting approached, the language became
+plainer, and its most marked characteristic was not
+anger, not hatred between disputants, but failure to understand
+each other. It was as though the men on either
+side were looking at an object through glasses of different
+color, or arguing in different languages, or worshiping
+different gods. Typical of the disputants were Davis and
+Trumbull, men of equally strong convictions and high
+breeding, and moved equally by love of country as they
+understood that term. Davis made three speeches, two
+of which were on the general subject of debate, and one
+his farewell to the Senate. The first, singularly enough,
+was called out by a resolution offered by a fellow Southerner
+and Democrat, Green, of Missouri (December 10,
+1860), who proposed that there should be an armed police
+force provided by Federal authority to guard, where
+necessary, the boundary line between the slaveholding
+and the non-slaveholding states, to preserve the peace,
+prevent invasions, and execute the Fugitive Slave Law.
+This scheme Davis considered a quack remedy, and he
+declared that he could not give it his support because it
+looked to the employment of force to bring about a condition
+of security which ought to exist without force.
+The present want of security, he contended, could not be
+cured by an armed patrol, but only by a change of sentiment
+in the majority section of the Union toward the
+minority section. Upon this test he argued in a dispassionate<span class="pagenum"><a id="Page_115">[115]</a></span>
+way for a considerable space, ending in these
+words:</p>
+
+<blockquote><p>This Union is dear to me as a Union of fraternal states. It
+would lose its value to me 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 <i>that</i> 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 Northern 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&mdash;the purpose in 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 evidence 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.<a id="FNanchor_40_40"></a><a href="#Footnote_40_40" class="fnanchor">[40]</a></p></blockquote>
+
+<p>This was the explicit confirmation of what Lincoln had
+said, in his Cooper Institute speech a year earlier, was the
+chief difficulty of the North: "We must not only let them
+(the South) alone, but we must somehow convince them
+that we do let them alone."</p>
+
+<p>The best speech made on the Republican side of the
+chamber during this momentous session of Congress was
+made by Trumbull on the night of March 2. It was a
+speech adverse to the Crittenden Compromise, and was
+a reply to Crittenden's final speech in support of it. This
+measure was a joint resolution proposing certain amend<span class="pagenum"><a id="Page_116">[116]</a></span>ments
+to the Constitution, the first of which proposed to
+apply the old Missouri Compromise line, of 36&deg; 30' north
+latitude, to all the remaining territory of the United
+States, so that in all territory north of it, then owned or
+thereafter acquired, slavery should be prohibited, and
+that in all south of it, then owned or thereafter acquired,
+slavery should be recognized as existing, and that the
+right of property in slaves there should be protected by
+Federal law. It was offered on the 18th of December,
+1860, and debated till the 2d of March following, when it
+was defeated by yeas 19, nays 20, all the Republicans
+voting against it except Seward, who did not vote and was
+not paired.<a id="FNanchor_41_41"></a><a href="#Footnote_41_41" class="fnanchor">[41]</a></p>
+
+<p>Just before the vote was taken, Crittenden tried to
+amend his measure by striking out the words "hereafter
+acquired" as to the territory south of 36&deg; 30', which he
+said was giving great offense in some parts of the North.
+This was not in the measure as originally proposed by
+him, but he had accepted it as an amendment offered by
+his colleague, Senator Powell. It was then too late to
+amend except by unanimous consent, and Hunter, of
+Virginia, objected. In this last debate, Mason drew attention
+to the minimum demands of Virginia as expressed
+by her legislature. These were the Crittenden Compromise,
+including territory "hereafter acquired," and
+the right of slaveholders to pass with their slaves through
+the free states with protection to their slave property in
+transit. Mason intimated pretty plainly that even this
+would not satisfy him, for which he received some castigation
+at the hands of Douglas. The latter was a steady
+supporter of the Crittenden Compromise, but he maintained
+throughout the debate that no cause for disunion
+<span class="pagenum"><a id="Page_117">[117]</a></span>would exist, even if the measure were defeated, and that
+none would exist if the Federal Government should attempt
+to compel a state or any number of states to obey
+the Federal law.</p>
+
+<p>Simultaneously with the rejection of the Crittenden
+Compromise, the Senate, by a two-thirds majority, passed
+a joint resolution to amend the Constitution by adding
+to it the following article:</p>
+
+<blockquote><p>Article XIII. No amendment shall be made to the Constitution
+which will authorize or give to Congress the power to
+abolish or interfere, within any state, with the domestic institutions
+thereof, including that of persons held to labor or service
+by the laws of said state.</p></blockquote>
+
+<p>This was a resolution introduced by Corwin, of Ohio.
+It had already passed the House by a two-thirds majority,
+but it fell into the limbo of forgotten things before sunrise
+of the 4th of March.</p>
+
+<p>During this crisis Trumbull was receiving hundreds of
+letters from his constituents, nearly all exhorting him to
+stand firm. The only ones counseling compromise were
+from the commercial classes in Chicago, and of these there
+were fewer than might have been expected in view of the
+threatened danger to trade and industry. The dwellers
+in the small towns and on the farms were almost unanimously
+opposed to the Crittenden Compromise. A few
+letters are here cited from representative men in their respective
+localities:</p>
+
+<blockquote><p>A. B. Barrett (Mount Vernon, January 5) has taken pains
+to gather the opinions of Republicans in his neighborhood in
+reference to the secession movement and finds them, without a
+single exception, in favor of enforcing the laws and opposed to
+any concession on the part of Congress which would recognize
+slavery as right in principle, or as a national institution.</p>
+
+<p>J. H. Smith (Bushnell, January 7) contends that the Chicago
+platform was a contract between the Republican voters<span class="pagenum"><a id="Page_118">[118]</a></span>
+and the men elected to office by them, and the voters expect
+them to live up to it, to the very letter. "If the South wants to
+fight let them pitch in as soon as they please; we would rather
+fight than allow slavery to go into any more territory." Encloses
+resolutions to this purport passed by a public meeting of citizens
+of his town.</p>
+
+<p>A. C. Harding (Monmouth, January 12) is pained to hear
+a rumor that some Republicans in Washington are considering
+a bill to make a slave state south of 36&deg; 30', thus sanctioning a
+slave code by Congress. Any concessions that shall violate the
+pledges of the Republican party will instantly turn the guns of
+our truest friends upon those who thus give strength to the
+Southern rebels. Neither Adams nor Seward nor Lincoln can
+for a moment escape the fatal consequences if they yield their
+principles at the threat of disunion.</p>
+
+<p>Wait Talcott (Rockford, January 17) has just finished reading
+Seward's speech. It leads him to fear that yielding to the
+South, and calling a national convention under their threat,
+will embolden them, whenever the result of an election does
+not suit them, to insist that the victors shall take the place of
+the vanquished.</p>
+
+<p>G. Koerner (Belleville, January 21): The Democratic Convention
+at Springfield has done some mischief by inflaming
+the lower order of the Democracy and confirming them in their
+seditious views. On the other hand, it has disgusted the better
+class of Democrats. It was a sort of indignation meeting of all
+the disappointed candidates, office-seekers, and losers of bets.
+A few Republicans are giving way under the pressure, but upon
+the whole the party stands firm. "Has secession culminated or
+is worse to come? I am prepared for the application of force.
+In fact, a collision is inevitable. Why ought not we to test our
+Government instead of leaving it to our children?"</p>
+
+<p>H. G. McPike (Alton, January 24): "Our people believe the
+Constitution to be good enough. Let it alone. A compromise of
+any principle dissolves the Republican party, takes the great
+moral heart out of it, and will in so far bring ruin on the Government."</p>
+
+<p>J. M. Sturtevant, president of Illinois College (Jacksonville,
+January 30), protests against the tone of Mr. Seward's speech.
+Says that the solid phalanx of thoughtful, conscientious, ear<span class="pagenum"><a id="Page_119">[119]</a></span>nest,
+religious men who form the backbone of the Republican
+party will never follow Mr. Seward, or any other man, in the
+direction in which he seems to be leading. "We want the Constitution
+as it is, the Union as the Fathers framed it, and the
+Chicago platform. And we will support no man and no party
+that surrenders these or any portion of them."</p>
+
+<p>Grant Goodrich (Chicago, January 31) is convinced by his
+intercourse with the mass of Republicans, and with many
+Democrats, that any concessions by which additional rights are
+given to slavery will end the Republican party. There will be
+a division of the Republicans; a new party will arise, which will
+include the entire German element and which will be as hostile
+to the "Union-saving" Republicans as to the Democrats,
+and much more intolerant to their former allies.</p>
+
+<p>E. Peck (Springfield, February 1) says that the proposition
+to send commissioners to Washington was passed by the
+legislature as a matter of necessity, because, if the Republicans
+had not taken the lead, the Democrats would have done so,
+and would have obtained the help of a sufficient number of weak-kneed
+Republicans to make a majority. Mr. Lincoln would have
+preferred that commissioners be not appointed.</p>
+
+<p>W. H. Herndon (Springfield, February 9): "Are our Republican
+friends going to concede away dignity, Constitution,
+Union, laws, and justice? If they do, I am their enemy now and
+forever. I may not have much influence, but I will help tear
+down the Republican party and erect another in its stead. Before
+I would buy the South, by compromises and concessions,
+to get what is the people's due, I would die, rot, and be forgotten,
+willingly."</p>
+
+<p>Samuel C. Parks (Lincoln, Logan County, February 11) is
+opposed to the Crittenden Compromise, because the integrity
+of the Republican party and the salvation of the country require
+that this grand drama of secession, disunion, and treason
+be played out entirely. Either slavery or freedom must rule this
+country, or there must be a final separation of the free and the
+slave states. No compromise will do any permanent good. On
+the contrary, if the territorial question is compromised now, it
+will but postpone, aggravate, and prolong the contest. Considers
+it mean and cowardly to leave to our children a great national
+trouble that we might settle ourselves.</p></blockquote><p><span class="pagenum"><a id="Page_120">[120]</a></span></p>
+
+<p>January 2, 1861, Trumbull wrote to Governor Yates
+advising that some steps be taken in the way of military
+preparations, saying:</p>
+
+<blockquote><p>The impression is very general here that Buchanan has waked
+up at last to the sense of his condition and will make an effort
+to enforce the laws and protect the public property. That this
+was his determination two days ago, I have the best reasons for
+knowing, but he is so feeble, vacillating, and irresolute, that I
+fear he will not act efficiently; and some even say that he has
+again fallen into the hands of the disunionists. This I cannot
+believe. If he does his duty with tolerable efficiency, even at
+this late day, there will be no serious difficulty. The states
+which resolved themselves out of the Union would be coming
+back before many months. But if he continues to side with the
+disunionists, we cannot avoid serious trouble, for in that event
+I think the traitors would be encouraged to attempt to take
+possession here, and most of the public property and munitions
+of war would be placed in the hands of the disunionists before
+the 4th of March. In view of the present condition of affairs
+and the uncertainty as to the future, I think it no more than
+prudent that our state should be making some preparations to
+organize its military, or get up volunteer companies, so as to
+be ready to come to the support of the Constitution and the
+laws if the occasion should require. I think that there will be
+no occasion for troops here, and that the inauguration will
+probably take place. But take place it must, and at Washington,
+even though a hundred thousand men have to come here
+to effect it. The Government is a failure unless this is done.</p></blockquote>
+
+<p>Governor Yates's reply, if any, is not found in the
+Trumbull papers, but a letter from him dated Springfield,
+January 22, says that Frank P. Blair, Jr., had just arrived
+from St. Louis with information that the secessionists
+in Missouri had formed a plot to seize the United
+States Arsenal at St. Louis, which was the only depot
+of arms west of Pittsburg. If this should be attempted,
+Yates said it would lead to serious complications and
+perhaps a collision between Illinois and Missouri, since<span class="pagenum"><a id="Page_121">[121]</a></span>
+it could not be permitted that this great arsenal, intended
+for the use of the entire West, should fall into the hands
+of enemies of the Union. He asked Trumbull to see
+General Scott at once and insist that something be done
+which would obviate the necessity of action on the part
+of the state of Illinois.</p>
+
+<p>Some letters from Mrs. Trumbull to her son Walter,
+who was on a warship in foreign parts during the month
+of January, 1861, supply a few items of interest.</p>
+
+<p>January 21 she says:</p>
+
+<blockquote><p>The Senators of Mississippi, Alabama, and Florida yesterday
+took formal leave of the Senate. The speech of Clay, of
+Alabama, was very ugly, but that of Davis was pathetic, and
+even Republican ladies were moved to tears. Gov. Pickens of
+S. C. sent for $300 due him as Minister to Russia, and the
+Treasurer sent him a draft on the sub-treasury at Charleston
+which the Rebels had seized.</p></blockquote>
+
+<p>January 24:</p>
+
+<blockquote><p>Called at Dr. Sunderland's<a id="FNanchor_42_42"></a><a href="#Footnote_42_42" class="fnanchor">[42]</a> yesterday. He said that in talking
+with a disunionist a few days ago he asked what the South
+demanded and what would satisfy them. He replied that the
+North must be uneducated, or educated differently; their sentiments
+must be changed, and it can't be done in this generation.</p>
+
+<p>Just before starting home, Toombs's coachman, strange to
+say, deserted his kind master for a trip on the Underground
+Railroad, greatly to the disgust of Mrs. Toombs. She was met
+by Mrs. Judge McLean, who said to her, "Mrs. Toombs, are
+you going to leave us?" "Yes," she replied, "I am glad enough
+to go; here I am riding in a hack!" It was very hard, very disgusting,
+and Mrs. McLean, instead of trying to hunt up her
+fugitive for her, told her that when the South had all seceded,
+they would have Canada right on their borders, and where
+one now escaped, there would then be a hundred.</p></blockquote>
+
+<p>January 26:</p>
+
+<p><span class="pagenum"><a id="Page_122">[122]</a></span></p><blockquote><p>The city begins to present a warlike appearance. Two companies
+are stationed quite near us on E St. and others are placed
+in Judiciary Square near the Capitol, and at the President's,
+about 700 in all. A company of light artillery arrived yesterday
+morning, soon after which cannonading was heard, volley after
+volley. I supposed the thunder of the cannon was meant to
+convey wholesome instruction to the revolutionists, but I learned
+this evening that it was a salute for Kansas, which is now a
+state. Thirty-four guns were fired. I understood that some of
+the ladies at the National Hotel were so alarmed that they began
+to pack their trunks so as to retreat promptly with all their
+luggage. I believe that Gen. Scott intends to have more troops
+here, but the O. P. F.<a id="FNanchor_43_43"></a><a href="#Footnote_43_43" class="fnanchor">[43]</a> countermands most of his orders. The
+Cabinet find him very troublesome even now; he still listens to
+Slidell and others.</p>
+
+<p>A set of compromisers came here a few days since from New
+York with a string of resolutions and explained them to Senator
+King, hoping he would endorse them. Mr. King read them and
+handed them back silently. Said the spokesman: "I trust they
+meet your approval, they are good resolutions; you approve
+them, do you not, Mr. King?" He answered in his good-humored,
+laughing way, but withal very firmly: "I would resign my seat
+first and I think I would rather die." The same men went to
+your father urging him to support them, and stated that New
+York would not defend the public property within her limits
+unless Congress adopted some such action. Your father told
+them that if that was to be the course of New York, we might
+as well know it now as ever, and refused to have anything to
+do with their resolutions.</p></blockquote>
+
+<p>In the same letter she writes:</p>
+
+<blockquote><p>Mrs. McLean called yesterday. She said they dined at the
+White House once while the President was making up his mind
+whether or not to recall Major Anderson. The judge took
+the President aside to make some inquiries about the Major.
+Buchanan replied that he had exceeded his instructions and
+must be recalled. The Judge raised his hand with vehemence,
+almost in the President's face, and asserted with emphasis:
+"You dare not do it, sir, you dare not do it." And he did not.</p></blockquote>
+<p><span class="pagenum"><a id="Page_123">[123]</a></span></p>
+<p>Probably this is the only instance on record where a
+Judge of the Supreme Court shook his fist in the face of
+the President after dining with him at the White House.
+It is not improbable that the vehemence of the venerable
+Judge was one of the potent reasons deterring Buchanan
+from ordering Anderson to return from Fort Sumter to
+Fort Moultrie.<a id="FNanchor_44_44"></a><a href="#Footnote_44_44" class="fnanchor">[44]</a></p>
+
+<p>TRUMBULL'S SPEECH AGAINST THE CRITTENDEN COMPROMISE</p>
+
+<blockquote><p>
+
+[In the Senate, March 2, 1861.]<br />
+</p>
+
+<p><span class="smcap">Mr. Trumbull.</span> Mr. President, the long public service of
+the Senator from Kentucky, his acknowledged patriotism and
+devotion to the Union, give great importance to whatever he
+says; and in all he has said in favor of the Union and its preservation,
+and the maintenance of the Constitution, I most heartily
+concur. No man shall exceed me in devotion to the Constitution
+and the Union. But, while this is so, what the Senator
+says of those of us who disagree with him as to the mode of
+preserving the Union and maintaining the peace of the country
+is well calculated, in consequence of the position he occupies,
+to mislead and prejudice the public mind as to our true position.
+Does he expect, or can he expect, that compromises will
+be made and concessions yielded when he talks of the great
+party of this country, constituting a majority of its people, as
+being wedded to a dogma set up above the Constitution; when
+he talks of us as usurping all the territories, as ostracizing all
+the people of the South, and denying them their rights? Is that
+the way to obtain compromises? Instead of turning his denunciation
+upon those who violate the Constitution and trample
+the flag of the country in the dust, he turns to us and talks to us
+of usurpations, of our dogmas; tells us that for a straw we are
+willing to dissolve the Union and involve the country in blood.
+Why are not these appeals made and these rebukes adminis<span class="pagenum"><a id="Page_124">[124]</a></span>tered
+to the men who are involving the country in blood? If it
+is a straw for us to yield, is it anything more than a straw for
+them to demand? If it is a trifle for us to concede, is it any larger
+than a trifle which the South demands, and to obtain which it
+is willing to destroy this Union, which he has so beautifully and
+so highly eulogized?</p>
+
+<p>Sir, I have heard this charge against the people of the North,
+of a desire to usurp the whole of the common territories, till I
+am tired of the accusation. It has been made and refuted ten
+thousand times. Not a man in the North denies to every citizen
+of the South the same right in a territory that he claims for
+himself. And who are the people of the South? Slaveholders?
+Not one white citizen in twenty of the population in the South
+owns a slave. The nineteen twentieths of the non-slaveholding
+population of the South are forgotten, while the one twentieth
+is spoken of as "the South." The man who owns a slave in the
+South has just as much right in the territory as a man in the
+North who owns no slave. If the Southerner cannot take his
+negro slave to the territory, neither can the Northern man.</p>
+
+<p>Again, sir, the Senator talks of the rights of the States to the
+common territories. The territories do not belong to the States;
+they are the property of the General Government; and the state
+of Kentucky has no more right in a territory than has the city
+of Washington, or any county in the state of Maryland. As a
+state, Kentucky has no right in a territory, nor has Illinois;
+but the territories belong to the Federal government, and are
+disposed of to the citizens of the United States, without regard
+to locality.</p>
+
+<p>But, sir, I propose to inquire what it is that has brought the
+country to its present condition; what it is that has occasioned
+this disruption, this revolution in a portion of the country.
+Many years ago an attempt was made in the state of South
+Carolina to disrupt this Government, at that time on account of
+the revenue system. It failed. The disunionists of 1832 were put
+down by General Jackson; and from that day to this there have
+been secessionists <i>per se</i>, men who have been struggling continuously
+and persistently to propagate their doctrine wherever
+they could find followers; and, I am sorry to say, they seem to
+have impressed the public mind of the South, to a great extent,
+with their notions. In 1850, the effort to break up the Govern<span class="pagenum"><a id="Page_125">[125]</a></span>ment
+was renewed. It was then settled by what were known
+as the compromise measures of that year. The great men of
+that day&mdash;Clay, Webster, Cass, and others&mdash;took part in
+that settlement, and it was then supposed that the settlement
+would be permanent. The controversy of 1850 was not in
+regard to a tariff, but in regard to the negro question; the very
+question which General Jackson had prophesied, in the nullification
+times, would be the one upon which the next attempt
+would be made to destroy the Government. After a long struggle,
+the compromise measures of 1850 were passed. Quiet was given
+to the country; all parties in all sections of the country acquiesced
+in the settlement then made. Resolutions were offered
+in this body denouncing any person who should attempt again
+to introduce the question of slavery into Congress. Speeches
+were made, in which Senators declared that they would never
+again speak upon the subject in the Congress of the United
+States. It was said that the slavery question was forever removed
+from the halls of Congress, and we then supposed that
+the country would continue quiet on this exciting subject. But,
+sir, in 1854, notwithstanding the pledges which had been given
+in 1850, notwithstanding the quiet of the country, when no
+man was agitating the slavery question; when no petitions came
+from the states, counties, cities, or towns, from villages or individuals,
+asking a disturbance of former compromises; when all
+was quiet, of a sudden a proposition was sprung in this chamber
+to unsettle the very questions which had been put to rest by
+the compromises of 1850. A proposition was then introduced
+to repeal one of the compromises which had been recognized
+by the acts of 1850; for the Missouri Compromise, which excluded
+slavery from Kansas and Nebraska, was, by reference,
+directly and in express terms, reaffirmed by the compromises
+of 1850. But, sir, in the beginning of 1854, that fatal proposition
+was introduced and embodied in the Kansas-Nebraska
+Act, which declared that the eighth section of the act for the
+admission of Missouri into the Union, which had passed in
+1820, and which excluded slavery from Kansas and Nebraska,
+should be repealed, it being declared to be "the true intent and
+meaning of the act not to introduce slavery into any state or
+territory, nor to exclude it therefrom, but to leave the people
+thereof perfectly free to form and regulate their domestic insti<span class="pagenum"><a id="Page_126">[126]</a></span>tutions
+in their own way, subject only to the Constitution of
+the United States"&mdash;a little stump speech, as Colonel Benton
+denominated it, introduced into the body of the bill, which
+has since become as familiar to all the children of the land,
+from its frequent repetition, as Mother Goose's stories. That
+was the fatal act which brought about the agitation of the slavery
+question; and on the repeal of the Missouri Compromise
+followed the disturbances in the settlement of Kansas. That act
+led to civil war in Kansas, to the burning of towns, to the invasion
+from Missouri, to all the horrors and anarchy which
+reigned in that ill-fated territory for several years, all of which is
+too fresh in the recollection of the American people to require
+repetition. And, sir, from that day to this, the doctrine which
+it is pretended was enunciated in 1854 in the Kansas-Nebraska
+Act, of non-intervention, of popular sovereignty, for it is known
+under various names, has been preached all over the country,
+until in the election of 1860, it was repudiated and scouted,
+North and South, by a majority of the people in every state
+in the Union; and even at this session, it has been thrust in
+here upon almost every occasion, as the grand panacea that
+was to give peace to the country; whereas it was the very thing
+which gave rise to all the difficulties. The disunionists per se
+have seized hold of the disturbances growing out of the slavery
+question, all occasioned by this fatal step in 1854, to inflame
+the public mind of the South, and bring about the state of things
+which now exists.</p>
+
+<p>But, sir, the Union survived the disunion movement of 1832;
+it survived the excitement upon the slavery question in 1850;
+it survived the disturbances in Kansas in 1855 and 1856, consequent
+upon the repeal of the Missouri Compromise. It survived
+them all without an actual attempt at disruption, until
+we came down to 1860, and Abraham Lincoln was elected President;
+and even now, notwithstanding the dissatisfaction at his
+election in some portions of the country, and all the previous
+troubles, the laws to-day would have had force in every part of
+the Union, and secession would have been checked in its very
+origin, had the Government done its duty and not acted in
+complicity with the men who had resolved to destroy it.</p>
+
+<p>The secession movement, then, dates back several years. It
+received an impetus in 1850; another in 1854; and in 1860, by<span class="pagenum"><a id="Page_127">[127]</a></span>
+the connivance and the assistance of the Government itself,
+it acquired the strength which it now has. What has been the
+policy of the expiring administration? Its Cabinet officers
+boasting of their complicity with the men who were plotting
+the destruction of the Government; openly proclaiming in the
+face of the world that they had used their official power, while
+members of the Cabinet, and sworn to protect and preserve
+the Government, to furnish the means for its destruction;
+openly acknowledging before the world that they had used the
+power which their positions gave them to discredit the Government,
+and also to furnish arms and munitions of war to the men
+who were conspiring together to assault its fortifications, and
+seize its property; openly boasting that they had taken care,
+during their public service, to see that the arms of the Federal
+Government were placed in convenient positions for the use of
+those who designed to employ them for its destruction. More
+than this, members, while serving in the other branch of Congress,
+go to the Executive of the United States, and tell him,
+"Sir, we are taking steps in South Carolina to break up this
+Government; you have forts and fortifications there; they are
+but poorly manned; now if you will leave them in the condition
+they are until the state of South Carolina gets ready to
+take possession, we will wait until that time before we seize
+them"; and the Executive of the nation asks that the treasonable
+proposition be put in writing, and files it away. Why, sir,
+is there another capital on the face of the globe, to which men
+could come from state or province, and inform the executive
+head that they were about to take steps to seize the public
+property belonging to the Government, and warn the Executive
+to leave it in its insecure and undefended state until they
+should be prepared to take possession, and they be permitted
+to depart? Is there another capital on the face of the globe
+where commissioners coming to the Executive under these circumstances
+would not have been arrested on the spot for
+treason? But your Government, if it did not directly promise
+not to arm its forts, certainly took no steps to protect its public
+property; and this went on, until a gallant officer who was in
+command of less than a hundred men in the harbor of Charleston,
+acting upon his own responsibility, thought proper to throw
+his little force into a fort where he could protect himself; and<span class="pagenum"><a id="Page_128">[128]</a></span>
+then it was that these insurgents, rebelling against the Government,
+demanded that he should be withdrawn, and the Executive
+then was forced to take position. Then his Cabinet officers
+who had been in conspiracy with the plotters of treason, then
+the Chief Magistrate himself was forced to take position. He
+must openly withdraw his forces, and surrender the public
+property he was sworn to protect, openly violate the oath he
+had taken to support the Constitution of the United States,
+and execute the laws, and take side with traitors; or else he
+must leave Major Anderson where he was. Exposed to public
+view, brought to this dilemma, I am glad to say that even then,
+at that late day, the President of the United States concluded
+to take sides for the Union; that even he came out, though
+feebly it was, on the part of the United States, and his Secretary
+of War retired from his Cabinet, not in disgrace, so far as
+its executive head was concerned, for he parted pleasantly with
+the President of the United States, but he retired because the
+President would not carry out the policy which he understood
+to have been agreed upon, which was to leave the fortifications
+in a position that Carolina might take them whenever she
+thought proper.</p>
+
+<p>But, sir, notwithstanding this, the Executive of the nation,
+disregarding the advice of the Lieutenant-General who commands
+the armies of the United States, and who had warned
+him months before of the movements which were taking place
+to seize the public property at the South, still leaves the property
+unprotected; and the insurgents go on in some of the
+states, before even passing ordinances of secession, and continue
+to seize the public property; to capture the troops of the
+United States; to take possession of the forts; to fire into its
+vessels; to take down its flag; until they have at this time in
+their possession fortifications which have cost the Government
+more than $5,000,000, and which mount more than a thousand
+guns.</p>
+
+<p>All this has been done without any effort on the part of
+the Government to protect the public property; and this is the
+reason that secession has made the head it has. Why, sir, let
+me ask, is it that the United States to-day has possession of
+Fort Sumter? Can you tell me why is Fort Sumter in possession
+of the United States? Because there are a hundred soldiers<span class="pagenum"><a id="Page_129">[129]</a></span>
+in it&mdash;for no other reason. Why is Fort Moultrie in possession
+of the insurgents? Because there were no men there to
+protect it; and it is now matter of history that, had the Executive
+done his duty, and placed a hundred men in Fort Moultrie,
+a hundred in Castle Pinckney, and a hundred in Fort Sumter,
+Charleston Harbor to-day would have been open, and your
+revenues would have been collected there, as elsewhere throughout
+the United States.</p>
+
+<p>Will it be said that Carolina would have attacked those forts,
+thus garrisoned? She does not attack a hundred men in Fort
+Sumter. It is a wonder that she does not. The little, feeble
+garrison there is well calculated to invite attack; but this thing
+of secession, under the policy of the Administration, has been
+made a holiday affair in the South. This great Government,
+one of the most powerful on the face of the globe, is falling to
+pieces just from its own imbecility.</p>
+
+<p><span class="smcap">Mr. Wigfall.</span> Mr. President&mdash;</p>
+
+<p><span class="smcap">The Presiding Officer</span> (<span class="smcap">Mr. Bright</span>). Does the Senator
+from Illinois yield the floor?</p>
+
+<p><span class="smcap">Mr. Trumbull.</span> I have some further observations to make.
+I will yield for a single question; not for a speech.</p>
+
+<p><span class="smcap">Mr. Wigfall.</span> For a single question. I do not wish to interrupt
+the Senator if it is not agreeable to him. I desire to ask a
+single question.</p>
+
+<p><span class="smcap">Mr. Trumbull.</span> I have no objection to the question.</p>
+
+<p><span class="smcap">Mr. Wigfall.</span> I understand the Senator to object to the
+course that the present outgoing Administration has pursued
+in reference to the forts. I know the Senator's candor, directness
+of purpose, fairness, and boldness of statement; and I desire
+to know whether the succeeding Administration will pursue the
+same peace policy of leaving the forts in the possession of the
+seceding states, or whether they will attempt to recapture them?</p>
+
+<p><span class="smcap">Mr. Trumbull.</span> The Senator will find out my opinions
+on this subject before I conclude. The opinions of the incoming
+Administration, I trust, he will learn to-morrow from the eastern
+front of the capitol.</p>
+
+<p><span class="smcap">Mr. Wigfall.</span> I trust we shall, sir.</p>
+
+<p><span class="smcap">Mr. Trumbull.</span> I speak for myself, without knowing what
+may be said in the inaugural of to-morrow; but I apprehend
+that the Senator will learn to-morrow that we have a Govern<span class="pagenum"><a id="Page_130">[130]</a></span>ment;
+and that will be the beginning of the maintenance of the
+Union.</p>
+
+<p><span class="smcap">Mr. Wigfall.</span> I hope we may.</p>
+
+<p><span class="smcap">Mr. Trumbull.</span> While the forts in the South were left thus
+unprotected, and to be seized by the first comers, where was
+your army? Scattered beyond reach, and sent to the frontiers,
+so as not to be made available when it was wanted. And where
+was your navy? The navy of the United States, when it was
+known that the secession movement was on foot, was sent to
+distant seas, until there was not at the command of the Secretary
+of the Navy a single vessel, except one carrying two guns,
+that could enter Charleston Harbor&mdash;a small vessel destined,
+I believe, to take supplies to the African squadron, which carried
+two guns. Does anybody suppose this was accidental? If
+it were a question of fact to be tried before an intelligent jury
+in any part of Christendom, does any one doubt that the Secretary
+of War and the Secretary of the Navy would both be
+convicted of having purposely, and by design, removed the
+army and navy out of reach, in order that the forts might be
+seized, and that the secession movement might progress? And
+how has it been from that day to this? Irresolution and indecision
+on the part of the Executive&mdash;one day sending a vessel
+with troops to Charleston, and the next countermanding the
+order; and the Senator from Texas, with a taste which I cannot
+admire, spoke in terms of derision of his country's flag, when it
+returned in disgrace&mdash;"struck in the face," I think, was his
+expression&mdash;from Charleston Harbor. I admit it was disgraceful;
+but I am sorry it should have afforded the Senator from
+Texas, a member of the Senate of the United States, as the eloquent
+Senator from Kentucky said he was, any pleasure that
+such a transaction should have occurred.</p>
+
+<p>This, then, briefly, is the reason that this secession movement
+has acquired the strength it has. It is because this Government
+has either favored it, or refused to do anything to check
+it. Notwithstanding the mistake of 1854, the country would
+have survived it all, had we had a Government to take care of
+and preserve it.</p>
+
+<p>Now, sir, what are the remedies that are proposed for the
+present condition of things, and what have they been from the
+beginning? They have been propositions of compromise; and<span class="pagenum"><a id="Page_131">[131]</a></span>
+Senators have spoken of peace, and of the horrors of civil war;
+and gentlemen who have contended for the right of the people
+of the territories to regulate their own affairs, and who have
+been horrified at the idea of a geographical line dividing free
+states from slave states, free territory from slave territory, and
+who have proclaimed that the great principle upon which the
+Revolution was fought was that of the right of the people to
+govern themselves, and that it was monstrous doctrine for
+Congress to interfere in any way with its own territories, come
+forward here with propositions to divide the country on a geographical
+line; and not only that, but to establish slavery south
+of the line; and they call this the Missouri Compromise!
+The proposition known as the "Crittenden Proposition" is no
+more like the Missouri Compromise than is the Government of
+Turkey like that of the United States. The Missouri Compromise
+was a law declaring that in all the territory which we had
+acquired from Louisiana, north of a certain line of latitude,
+slavery or involuntary servitude should never exist. But it
+said nothing about the establishment of slavery south of that
+line. It was a compromise made in order to admit Missouri
+into the Union as a slave state, in 1820. That was the consideration
+for the exclusion of slavery from all the country north of
+36&deg; 30'. Now, sir, I have no objection to the restoration of
+the Missouri Compromise as it stood in 1854, when the Kansas-Nebraska
+Bill passed; and I have drawn up&mdash;and I intend to
+offer it at the proper time as an amendment to some of these
+propositions&mdash;a clause declaring that so much of the fourteenth
+section of the act to organize the territories of Nebraska
+and Kansas, approved the 30th of May, 1854, as repeals the
+Missouri Compromise, and contains the little stump speech,
+shall be repealed, and that we may hear no more of it, I trust,
+forever.</p>
+
+<p>Since its authors have repudiated it, and have come forward
+with a proposition to establish not the Missouri Compromise,
+but to establish a geographical line running through the territory
+which we now have, establishing slavery south of it, and
+prohibiting it north, and providing that, in the territory we
+may hereafter acquire, slavery shall be established south of that
+line, I suppose we shall hear no more about leaving the people
+"perfectly free to regulate their own affairs in their own way"!<span class="pagenum"><a id="Page_132">[132]</a></span>
+The proposition known as the "Crittenden Compromise" declares
+not only that, "in the territory south of the said line of
+latitude, slavery of the African race is hereby recognized as
+existing, and shall not be interfered with by Congress"; but it
+provides further, that, in the territory we shall hereafter acquire
+south of that line, slavery shall be recognized, and not interfered
+with by Congress; but "shall be protected as property
+by all the departments of the territorial government during
+its continuance"; so that, if we make acquisitions on the south
+of territories now free, and where, by the laws of the land, the
+footsteps of slavery have never been, the moment we acquire
+jurisdiction over them, the moment the stars and stripes of the
+Republic float over those free territories, they carry with them
+African slavery, established beyond the power of Congress, and
+beyond the power of any territorial legislature, or of the
+people, to keep it out; and we are told that this is the Missouri
+Compromise! We are told that slavery now exists in New
+Mexico; and I was sorry to find even my friend from Oregon
+[Mr. Baker] ready to vote for this proposition, which establishes
+slavery. Why, sir, suppose slavery does exist in New
+Mexico; are you for putting a clause into your Constitution
+that the people of New Mexico shall not drive it out?</p>
+
+<hr class="tb" />
+
+<p>But, sir, unlike the Senator from Oregon, I will never agree
+to put into the Constitution of the country a clause establishing
+or making perpetual slavery anywhere. No, sir; no human
+being shall ever be made a slave by my vote. No foot of God's
+soil shall ever be dedicated to African slavery by my act&mdash;never,
+sir. I will not interfere with it where I have no authority
+by the Constitution to interfere; but I never will consent,
+the people of the great Northwest, numbering more in white
+population than all your Southern States together, never will
+consent by their act to establish African slavery anywhere.
+Why, sir, the seven free states of the Northwest, at the late
+presidential election, cast three hundred thousand more votes
+than all the fifteen Southern States together. Senators talk
+about the North and the South, and speak of having two Presidents,
+a Northern President and a Southern President, as if
+we had no such country as the Northwest, more populous with
+freemen than all the South. The people of the South and the
+<span class="pagenum"><a id="Page_133">[133]</a></span>people of the East both will, by and by, learn, if they have not
+already learned, that we have a country, and a great and growing
+country, in the Northwest; a free country&mdash;made free,
+too, by the act of Virginia herself. I do not propose to discuss
+the House Resolution. I have said on any and all proper occasions,
+and am willing to say at any time, to our brethren of the
+South, we have no disposition, and never had any, and have no
+power, if we had the disposition, to interfere with your domestic
+institutions.</p>
+
+<p>I think, then, sir, that none of these compromises will amount
+to anything; but still I am willing to do this, and I think if there
+is any difficulty it may be settled in this way: three of the states
+of this Union, the state of Kentucky, the state of New Jersey,
+and the State of Illinois, have called upon Congress to call a
+convention of all the states for the purpose of proposing amendments
+to the Constitution. I do not think the Constitution
+needs amendment. In my judgment, the Constitution as it is,
+is worthy to be lived up to and supported. I doubt if we shall
+better it; but out of deference to those states, one of which is
+my own state, I am willing to vote for the resolution which has
+been introduced into this body recommending to the various
+states to take into consideration this proposition of calling a
+convention, in order to make such amendments as may be
+deemed necessary by the states themselves to this instrument.
+So far, I am willing to go. Would it not have been better for
+the seceding states to have done that? Why did they not propose,
+instead of attempting hastily to break up the Government
+and seizing its public property, to call a convention, in the
+constitutional form, of the various states, and if the Federal
+Constitution needed amendment, amend it in that way. No such
+proposition came from them; but Kentucky has made the proposition
+for a convention, and I am willing to meet her in the
+spirit in which it is made, and am ready, for one, and would be
+glad if we could all unitedly pass the resolution suggesting to
+the states to call a convention to make any and all amendments
+to the Constitution which the exigencies of the times may
+require.</p>
+
+<p>The Senator from Texas wants to know how we are going to
+preserve the Union; how we are going to stop the states from
+seceding? And our Southern friends sometimes ask us to give<span class="pagenum"><a id="Page_134">[134]</a></span>
+them something to stand upon in the South. The best political
+foundation ever laid by mortal man upon which to plant your
+foot is the Constitution. Take the old Constitution as your
+fathers made it, and go to the people on that; rally them around
+it, and not suffer it to be kicked about, rolled in the dust, spit
+upon, and their efforts to be wasted in vain efforts to amend it.
+Why, sir, has that old instrument ceased to be of any value?
+These gentlemen who are talking about amending it, and talking
+about guarantees as a condition to remain in the Union, claim
+to be <i>par excellence</i> the Union men. Why, sir, I conceive I am
+a much better Union man than they. I am for the Union under
+the Constitution as it is. I am willing, however, that a convention
+should be called out of deference to those who may
+wish to alter it; but I am not one of those who declare that unless
+this provision is made, and unless this guarantee is given,
+I will unite to destroy the Union, and cease to observe the
+Constitution as it is.</p>
+
+<p>Sir, the Southern States have been arming. The Senator
+from Virginia [Mr. Mason] told us the other day that his state
+had appropriated $1,500,000 to arm its citizens. For what? To
+arm its citizens to fight against this Government; and then tell
+us that, to a man, they will fight against this Government, if
+it undertakes to enforce its laws, which they call coercion, the
+coercion of a State! Why, sir, a government that has not the
+power of coercing obedience to its laws is no government at all.
+The very idea of a law without a sanction is an absurdity. A
+government is not worth having that has not power to enforce
+its laws. If the Senator from Texas wants to know my opinion,
+I tell him yes, I am for enforcing the laws. Do you mean by that
+you are going to march an army to coerce a state? No, sir; and
+I do not mean the people of this country to be misled by this
+confusion of terms about coercing a state. The Constitution
+of the United States operates upon individuals; the laws operate
+upon individuals; and whenever individuals make themselves
+amenable to the laws, I would punish them according
+to the laws. We may not always be able to do this. Why, sir,
+we have a criminal code, and laws punishing larceny and murder
+and arson and robbery and all these crimes; and yet murder
+is committed, larcenies and robberies are committed, and the
+culprits are not always punished and brought to justice. We<span class="pagenum"><a id="Page_135">[135]</a></span>
+may not be able, in all instances, to punish those who conspire
+against the Government. So far as it can be done, I am for executing
+the laws; and I am for coercion. I am for settling, in the
+first place, the question whether we have a government before
+making compromises which leave us as powerless as before.</p>
+
+<p>Sir, if my friend from Kentucky would employ some of that
+eloquence of his which he uses in appealing to Republicans&mdash;and
+talking about compromise&mdash;in defense of the Constitution
+as it is, and in favor of maintaining the laws and the Government,
+we should see a very different state of things in the country.
+If, instead of coming forward with compromises, instead
+of asking guarantees, he had put the fault where it belongs; if
+he called upon the Government to do its duty; if, instead of
+blaming the North for not making concessions where there is
+nothing to concede, and not making compromises where there
+was nothing to compromise about, he had appealed to the South,
+which was in rebellion against the Government, and painted
+before them, as only he could do it, the hideousness of the
+crimes they were committing, and called upon them to return
+to their allegiance, and upon the Government to enforce its
+authority, we would have a very different state of things in
+this country to-day from what now exists.</p>
+
+<p>This, in my judgment, is the way to preserve the Union; and
+I do not expect civil war to follow from it. You have only to
+put the Government in a position to make itself respected, and
+it will command respect. As I said before, five hundred troops
+in Charleston would unquestionably have kept that port open;
+and if you will arm the Government with sufficient authority
+to maintain its laws and give us an honest Executive, I think
+you will find the spread of secession soon checked; it will no
+longer be a holiday affair. But while we submit to the disgrace
+which is heaped upon us by those seceding states, while the
+President of the United States says, "You have no right to
+secede; but if you want to, you may, we cannot help it," you
+may expect secession to spread.</p>
+
+<p>Why, sir, the resolutions of the legislature of the state of
+New York, which were passed early in the session, tendering
+to the Federal Government all the resources of the state in
+money and men to maintain the Government, had a most
+salutary effect when it was heard here. I saw the effect of it at<span class="pagenum"><a id="Page_136">[136]</a></span>
+once. It was the first blow at secession. Let the people of the
+North understand that their services are required to maintain
+this Union, and let them make known to the people of the
+South, to the Government, and to the country, that the Union
+shall be maintained; and the object is accomplished. Then you
+will find Union men in the South. But while this secession fever
+was spreading, and the Union men of the South had no support
+from their Government, it is no wonder that state after state
+undertook to withdraw from a confederacy which manifested
+no disposition to maintain itself.</p>
+
+<p>My remedy for existing difficulties is, to clothe the Government
+with sufficient power to maintain itself; and when that is
+done, and you have an Executive with the disposition to maintain
+the authority of the Government, I do not believe that a
+gun need be fired to stop the further spread of secession. I believe,
+sir, after the new Administration goes into operation, and
+the people of the South see, by its acts, that it is resolved to
+maintain its authority, and, at the same time, to make no encroachments
+whatever upon the rights of the people of the
+South, the desire to secede will subside. When the people of the
+Southern States, on the 5th of March, this year, and on the
+5th of March, 1862, shall find that, after a year has transpired
+under a Republican administration, they are just as safe in all
+their rights, just as little interfered with in regard to their domestic
+institutions, as under any former Administration, they
+will have no disposition to inaugurate civil war and commence
+an attack upon the Federal Government.</p>
+
+<p>Why, sir, some Senators talk about the Federal Government
+making war. Who proposes it? The Southern people affect to
+abhor civil war, when they, themselves, have commenced it.
+Inhabitants of the six seceding states have begun the war. What
+is war? Is firing into your vessels war? Is investing your forts
+war? Is seizing your arsenals war? They have done it all, and
+more; and then have the effrontery to say to the United States,
+"Do not defend yourselves; do not protect your Government;
+let it fall to pieces; let us do as we please, or else you will have
+war." The highwayman meets you on the street, demands your
+purse, and tells you to deliver it up, or you will have a fight.
+You can always escape a fight by submission. If in the right&mdash;and
+which is far better than to submit to degradation<span class="pagenum"><a id="Page_137">[137]</a></span>&mdash;you
+can often escape collision by being prepared to meet it.
+The moment the highwayman discovers your preparation and
+ability to meet him, he flees away. Let the Government be
+prepared, and we shall have no collision.</p>
+
+<p>I cannot think the people of this country in the loyal states
+would causelessly inaugurate civil war by attacking the Government;
+and I regard all the states as loyal, which have not undertaken
+to secede. I regard Kentucky and Tennessee and Missouri
+as loyal states, just as much so as Illinois. Why, sir, I live right
+upon the borders of Missouri, and I know that the people across
+the river were, last fall, just as good Union men as they were in
+Illinois. They never thought of secession until the thing was
+started in South Carolina, and until some persons here in Congress
+began to talk about guarantees, instead of coming out
+for the Constitution and the Union as they are. When Senators
+began to introduce propositions demanding guarantees as a
+condition of continuing in the Union, the real true Union men,
+in many instances, took sides with them, and thus became, in
+fact, only conditional Unionists. I am happy to say that they
+are getting over it, not only in Missouri, but they are already
+cured of it in Tennessee, and I trust in all the other states save
+those which, in their hurry, and with inconsiderate zeal, have
+already taken measures, as far as they could, to dissolve their
+connection with the Government. Sir, I cannot think it possible
+that this great Government is to go out without a struggle&mdash;a
+Government which has been blessed so highly, and prospered
+so greatly. What occasion is there for breaking it up? Are we
+not the happiest people in the world? Do we not enjoy personal
+liberty and religious freedom? What is it that the people of these
+Southern States would have? Does anybody propose to interfere
+with their domestic institutions? Nobody. Does anybody
+deny their equal rights in the territories? Nobody. Why, sir,
+look at our condition. We are one of the great nations of the
+world. At the peace of 1783, we had, I think, something like
+three million population; we have now more than thirty million.
+At that time we had thirteen states; now we have thirty-four
+states; and our territories have spread out until they extend
+across the continent. The boundaries of the Republic
+embrace to-day a greater extent of country than was contained
+within the Roman Empire in the days of its greatest extent,<span class="pagenum"><a id="Page_138">[138]</a></span>
+or within the empire of Alexander when he was said to have
+conquered the world.</p>
+
+<p>Sir, I cannot believe that this mad and insane attempt to
+break up such a Government is to succeed. If my voice could
+reach them, I would call upon my Southern brethren to pause,
+to reflect, to consider if this Republican party has yet done
+them any wrong. What complaints have they to make against
+us? We have never wielded the power of Government&mdash;not for
+a day. Have you of the South suffered any wrong at the hands
+of the Federal Government? If you have, you inflicted it yourselves.
+We have not done it. Is it the apprehension that you
+are going to suffer wrong at our hands? We tell you that we
+intend no such thing. Will you, then, break up such a government
+as this, on the apprehension that we are all hypocrites
+and deceivers, and do not mean what we say? Wait, I beseech
+you, until the Government is put into operation under this
+new administration; wait until you hear the inaugural from the
+President-elect; and, I doubt not, it will breathe as well a spirit
+of conciliation and kindness towards the South as towards the
+North. While I trust it will disclose a resolute purpose to maintain
+the Government, I doubt not it will also declare, in unequivocal
+terms, that no encroachments shall be made upon
+the constitutional rights of any state while he who delivers it
+remains in power.</p></blockquote><p><span class="pagenum"><a id="Page_139">[139]</a></span></p>
+
+<div class="footnotes"><h3>FOOTNOTES:</h3>
+
+<div class="footnote"><p><a id="Footnote_38_38"></a><a href="#FNanchor_38_38"><span class="label">[38]</span></a> Presumably Judge Read, of Pennsylvania.</p></div>
+
+<div class="footnote"><p><a id="Footnote_39_39"></a><a href="#FNanchor_39_39"><span class="label">[39]</span></a> MS. in the collection of the late Major W. H. Lambert, Philadelphia.</p></div>
+
+<div class="footnote"><p><a id="Footnote_40_40"></a><a href="#FNanchor_40_40"><span class="label">[40]</span></a> <i>Cong. Globe</i>, 1860-61, p. 30.</p></div>
+
+<div class="footnote"><p><a id="Footnote_41_41"></a><a href="#FNanchor_41_41"><span class="label">[41]</span></a> Trumbull's speech on the Crittenden Compromise, which was impromptu
+and was delivered about midnight, is printed as an appendix to this chapter.</p></div>
+
+<div class="footnote"><p><a id="Footnote_42_42"></a><a href="#FNanchor_42_42"><span class="label">[42]</span></a> Pastor of the First Presbyterian Church.</p></div>
+
+<div class="footnote"><p><a id="Footnote_43_43"></a><a href="#FNanchor_43_43"><span class="label">[43]</span></a> "Old Public Functionary"&mdash;a name that Buchanan in one of his messages
+had given to himself.</p></div>
+
+<div class="footnote"><p><a id="Footnote_44_44"></a><a href="#FNanchor_44_44"><span class="label">[44]</span></a> Jefferson Davis says, in his <i>Rise and Fall of the Confederate States</i>, that
+Buchanan told him 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."</p></div>
+</div>
+
+<hr class="chap" />
+
+<h2 id="CHAPTER_VIII">CHAPTER VIII</h2>
+
+<p class="h3">CABINET-MAKING&mdash;THE DEATH OF DOUGLAS</p>
+
+<p>During all this storm and stress the President-elect
+was at home struggling with office-seekers. They came in
+swarms from all points of the compass, and in the greatest
+numbers from Illinois. Judging from the Trumbull
+papers alone it is safe to say that Illinois could have filled
+every office in the national Blue Book without satisfying
+half the demands. Every considerable town had several
+candidates for its own post-office, and the applicants were
+generally men who had real claims by reason of party
+service and personal character for the positions which
+they sought. But there were exceptions, and Trumbull
+brought trouble on his own head many times by taking
+part in the m&ecirc;l&eacute;e. Yet there seemed to be no way of
+escape, even if he had wished to stand aloof. The day of
+civil service reform had not yet dawned. Time has kindly
+dropped its veil over those struggles except as relates to
+Lincoln's Cabinet. The selection of the Cabinet will be
+considered chronologically so far as the Trumbull papers
+throw light on it.</p>
+
+<p>On his journey to Washington for the coming session
+of Congress, Trumbull stopped a few days in New York.
+While there he received a call from three gentlemen, who
+were a sub-committee of a larger number who had been
+chosen, by the opponents of the Weed overlordship in
+New York politics, to call upon Lincoln and remonstrate
+against the appointment of Seward as a member of his
+Cabinet. The three men were William C. Bryant, William<span class="pagenum"><a id="Page_140">[140]</a></span>
+Curtis Noyes, and A. Mann, Jr. They said that finding it
+impracticable to see Lincoln, they had decided to call
+upon Trumbull and ask him to present their views to
+the President-elect. Although Trumbull disclaimed any
+peculiar knowledge or influence in respect of Cabinet
+appointments, they proceeded to make their wishes
+known. They said that a division had taken place in the
+Republican party of New York, growing out of corruption
+at Albany during the last session of the legislature, in
+which many Republicans were implicated; that so strong
+was the feeling against certain transactions there, that
+but for the presidential election the Republicans would
+have lost the state in November; and that unless the
+transactions were repudiated by the coming legislature
+the party would be beaten next year. They did not connect
+Governor Seward personally with these transactions,
+but said that several of his particular and most intimate
+friends, whom they named, were implicated, and that if
+he went into the Cabinet he would draw them after him.</p>
+
+<p>Trumbull suggested to them that if Governor Seward
+went into the Cabinet, as many people considered to be
+his due, it did not necessarily follow that he would control
+the patronage of New York. Mr. Mann, however, thought
+that this would be inevitable. He and Mr. Bryant and
+Mr. Noyes expressed the opinion that Seward did not desire
+to go into the Cabinet unless he could control the
+patronage and thus serve his friends. They said they had
+no name to propose as a New York member of the Cabinet,
+but they did not want the load of the Albany plunderers
+put upon them, and that if it were so the party in
+New York would be ruined.</p>
+
+<p>The purport of this interview was communicated by
+Trumbull to Lincoln by letter dated Washington, December
+2, 1860. Lincoln replied as follows:</p><p><span class="pagenum"><a id="Page_141">[141]</a></span></p>
+
+<blockquote><p>
+
+<i>Private</i><br />
+<br />
+<span class="smcap">Springfield, Ill.</span>, Dec. 8, 1860.<br />
+<br />
+<span class="smcap">Hon. Lyman Trumbull.</span><br />
+</p>
+
+<p><span class="smcap">My dear Sir</span>: Yours of the 2nd is received. I regret exceedingly
+the anxiety of our friends in New York, of whom you
+write; but it seems to me the sentiment in that State which
+sent a united delegation to Chicago in favor of Gov. Seward
+ought not and must not be snubbed, as it would be, by the
+omission to offer Gov. S. a place in the Cabinet. <i>I will myself
+take care of the question of "corrupt jobs"</i> and see that justice is
+done to all our friends of whom you wrote, as well as others.</p>
+
+<p>I have written to Mr. Hamlin on this very subject of Gov. S.
+and requested him to consult fully with you. He will show you
+my note and enclosures to him; and then please act as therein
+requested.</p>
+
+<p>
+Yours as ever,<br />
+<br />
+<span class="smcap">A. Lincoln</span>.<br />
+</p>
+</blockquote>
+
+<p>The enclosures were a formal tender of the office of
+Secretary of State to Seward and a private letter to him
+urging his acceptance of the appointment. The note to
+Hamlin requested that if he and Trumbull concurred in
+the step, the letters should be handed to Seward. They
+were promptly delivered.</p>
+
+<p>As matters stood at that time it was certainly due to
+Seward that a place in the Cabinet should be offered to
+him and that it should be the foremost place. He was
+still the intellectual premier of the party and nobody
+could impair his influence but himself. The principal
+scheme at Albany, to which Bryant and his colleagues
+alluded, was a "gridiron" street railroad bill for New
+York City, for which Weed was the political engineer.</p>
+
+<p>Trumbull saw Horace Greeley at this time. The latter
+would not recommend taking a Cabinet officer from New
+York at all, but he did suggest giving the mission to France
+to John C. Fr&eacute;mont. If this advice had been followed,
+and Fr&eacute;mont had been kept out of the country, Lincoln<span class="pagenum"><a id="Page_142">[142]</a></span>
+would have been spared one of the most terrible thorns
+in the side of his Administration; but fate ordained otherwise,
+for when Cameron was taken into the Cabinet it
+became necessary to provide a place for Dayton, and
+Paris was chosen for that purpose.</p>
+
+<p>The Cameron affair was the greatest embarrassment
+that Lincoln had to deal with before his inauguration. It
+was a fact of evil omen that David Davis, one of the delegates
+of Illinois to the Chicago Convention, assuming to
+speak by authority, made promises that Simon Cameron,
+of Pennsylvania, and Caleb Smith, of Indiana, should
+have places in the Cabinet if Lincoln were elected. In so
+doing, Davis went counter to the only instructions he
+had ever received from Lincoln on that subject. The day
+before the nomination was made, the editor of the Springfield
+<i>Journal</i> arrived at the rooms of the Illinois delegation
+with a copy of the <i>Missouri Democrat</i>, in which Lincoln
+had marked three passages and made some of his own
+comments on the margin. Then he added, in words underscored:
+"Make no contracts that will bind me." Herndon
+says that this paper was read aloud to Davis, Judd, Logan,
+and himself. Davis then argued that Lincoln, being at
+Springfield, could not judge of the necessities of the situation
+in Chicago, and, acting upon that view of the case, went
+ahead with his negotiations with the men of Pennsylvania
+and Indiana, and made the promises as above stated.<a id="FNanchor_45_45"></a><a href="#Footnote_45_45" class="fnanchor">[45]</a></p>
+
+<p>Gideon Welles, in his book on Lincoln and Seward, says
+there was but one member of the Cabinet appointed "on
+the special urgent recommendation and advice of Seward
+and his friends, but that gentleman was soon, with
+Seward's approval, transferred to Hyperborean regions
+in a way and for reasons never publicly made known."
+That man was Cameron.</p>
+
+<p><span class="pagenum"><a id="Page_143">[143]</a></span></p><p>The implication here is that Simon Cameron was appointed
+a member of Lincoln's Cabinet in consequence of
+Seward's influence, and at his desire. That Seward and
+Weed labored for Cameron's appointment, and that Weed
+had private reasons for doing so, is true, but the controlling
+factor was something of earlier date. David Davis
+had left his comfortable home at Bloomington and gone
+to Springfield to redeem his convention pledges. He
+camped alongside of Lincoln and laid siege to him. He
+had a very strong case <i>prima facie</i>. He had not only
+worked for Lincoln with all his might, but he had paid
+three hundred dollars out of his own pocket for the rent
+of the Lincoln headquarters during the convention. This
+seems like a small sum now, but it was three times as
+much as Lincoln himself could have paid then for any
+political purpose. Moreover, Davis had actually succeeded
+in what he had undertaken.<a id="FNanchor_46_46"></a><a href="#Footnote_46_46" class="fnanchor">[46]</a></p>
+
+<p>A. K. McClure says, in his book on "Lincoln and Men
+of War Times" (p. 139), that the men who immediately
+represented Cameron on that occasion (John P. Sanderson
+and Alexander Cummings) really had little influence
+with the Pennsylvania delegation, and that the change of
+votes from Cameron to Lincoln was not due to this barter.</p>
+
+<p>Nicolay and Hay say that after the election Lincoln
+invited Cameron to come to Springfield, but they produce
+no evidence to that effect. On the other hand, Gideon
+<span class="pagenum"><a id="Page_144">[144]</a></span>Welles, quoting from an interview with Fogg, of New
+Hampshire (a first-rate authority), says that Cameron
+tried to get an invitation to Springfield, but that Lincoln
+would not give it; that a little later Cameron invited
+Leonard Swett to his home at Lochiel, Pennsylvania, and
+that while there Swett took upon himself to extend such
+an invitation in Lincoln's name, and that Lincoln, although
+surprised, was obliged to acquiesce in what Swett
+had done.<a id="FNanchor_47_47"></a><a href="#Footnote_47_47" class="fnanchor">[47]</a> Swett, it may be remarked, was the <i>Fidus
+Achates</i> of David Davis at all times.</p>
+
+<p>Cameron came to Springfield with a troop of followers,
+and the result was that, on the 31st of December, Lincoln
+handed him a brief note saying that he intended to nominate
+him for Secretary of the Treasury, or Secretary of
+War, at the proper time.</p>
+
+<p>Almost immediately thereafter he received a shock
+from A. K. McClure in the form of a telegram saying that
+the appointment of Cameron would split the party in
+Pennsylvania and do irreparable harm to the new Administration.
+He invited McClure to come to Springfield and
+give him the particular reasons, but McClure does not tell
+us what the reasons were. Evidently they were graver
+and deeper than a mere faction fight in the party, or
+a question whether Cameron or Curtin should have the
+disposal of the patronage. They included personal as
+well as political delinquencies, but McClure declined to
+put them in writing.</p>
+
+<p>After hearing them, Lincoln wrote another letter to
+Cameron dated January 3, 1861, asking him to decline
+the appointment that had been previously tendered to
+him, and to do so at once by telegraph. Cameron did not
+decline. Consequently Lincoln repeated the request ten
+days later, January 13.</p>
+
+<p><span class="pagenum"><a id="Page_145">[145]</a></span></p><p>In the mean time Trumbull, having learned that a
+place in the Cabinet&mdash;probably the Treasury&mdash;had been
+offered to Cameron, wrote a letter to Lincoln, dated January
+3, advising him not to appoint him. To this letter
+Lincoln wrote the following reply:</p>
+
+<blockquote><p>
+
+<i>Very Confidential</i><br />
+<br />
+<span class="smcap">Springfield, Ill.</span>, Jan. 7, 1861.<br />
+<br />
+<span class="smcap">Hon. Lyman Trumbull</span>,<br />
+</p>
+
+<p><span class="smcap">My dear Sir:</span> Yours of the 3d is just received.... Gen. C.
+has not been offered the Treasury and I think will not be. It
+seems to me not only highly proper but a <i>necessity</i> that Gov.
+Chase shall take that place. His ability, firmness, and purity
+of character produce this propriety; and that he alone can reconcile
+Mr. Bryant and his class to the appointment of Gov. S. to
+the State Department produces the necessity. But then comes
+the danger that the protectionists of Pennsylvania will be dissatisfied;
+and to clear this difficulty Gen. C. must be brought
+to co&ouml;perate. He would readily do this for the War Department.
+But then comes the fierce opposition to his having any
+Department, threatening even to send charges into the Senate
+to procure his rejection by that body. Now, what I would most
+like, and what I think he should prefer too, under the circumstances,
+would be to retain his place in the Senate, and if that
+place has been promised to another let that other take a respectable
+and reasonably lucrative place abroad. Also, let Gen. C.'s
+friends be, with entire fairness, cared for in Pennsylvania and
+elsewhere. I may mention before closing that besides the very
+fixed opposition to Gen. C. he is more amply recommended for
+a place in the Cabinet than any other man....</p>
+
+<p>
+Yours as ever,<br />
+<br />
+<span class="smcap">A. Lincoln</span>.<br />
+</p>
+</blockquote>
+
+<p>It is easy to read two facts between these lines: first,
+that although Lincoln had written a letter four days
+earlier withdrawing his offer to Cameron, some influence
+had intervened to cause new hesitations; second, that
+Lincoln knew that Cameron ought not to be taken into
+the Cabinet at all, and that he was now seeking some way<span class="pagenum"><a id="Page_146">[146]</a></span>
+to buy him off. The cause of the new hesitation was that
+David Davis was clinging to him like a burr. The last
+observation in the letter to Trumbull, that Cameron
+was more amply recommended for a place in the Cabinet
+than any other man, points to the activity of Seward and
+Weed in Cameron's behalf, of which Welles gives details
+in the interview with Fogg above mentioned.</p>
+
+<p>Before Lincoln's letter of the 7th reached Trumbull,
+the latter wrote the following, giving his objections to
+Cameron more in detail:</p>
+
+<blockquote><p>
+
+<span class="smcap">Washington</span>, Jan. 10, 1861.<br />
+<br />
+<span class="smcap">Hon. A. Lincoln,</span><br />
+</p>
+
+<p><span class="smcap">My dear Sir:</span> My last to you was written in a hurry&mdash;in
+the midst of business in the Senate, and I have not a precise
+recollection of its terms&mdash;but I desire now to write you a little
+more fully in regard to this Cameron movement, and in doing
+so, I have no other desire than the success of our Administration.
+Cameron is very generally regarded as a trading, unscrupulous
+politician. He has not the confidence of our best men.
+He is a great manager and by his schemes has for the moment
+created an apparent public sentiment in Penna. in his favor.
+Many of the persons who are most strenuously urging his appointment
+are doubtless doing it in anticipation of a compensation.
+It is rather an ungracious matter to interfere to oppose
+his selection and hence those who believe him unfit and unworthy
+of the place
+[Copy illegible]
+seems to me he is totally unfit for the Treasury Department.
+You may perhaps ask, how, if these things are true, does he
+have so many friends, and such, to support him, and such representative
+men. I am surprised at it, but the world is full of
+great examples of men succeeding for a time by intrigue and
+management. Report says that C. secured Wilmot in his favor
+by assurances of support for the Senate, and then secured
+Cowan by abandoning W. at the last. The men who make the
+charges against Cameron are not all, I am sure, either his personal
+enemies, or governed by prejudice. Another very serious
+objection to Cameron is his connection with Gov. Seward. The<span class="pagenum"><a id="Page_147">[147]</a></span>
+Governor is a man who acts through others and men believe
+that Cameron would be his instrument in the Cabinet. It is
+my decided conviction that C.'s selection would be a great
+mistake and it is a pity he is
+[Copy illegible]
+Gov. Seward's appointment is acquiesced in by all our friends.
+Some wish it were not so, but regard it rather as a necessity,
+and are not disposed to complain. There is a very general
+desire here to have Gov. Chase go into the Cabinet and in that
+wish I most heartily concur. In my judgment you had better
+put Chase in the Cabinet and leave Cameron out, even at the
+risk of a rupture with the latter, but I am satisfied he can be
+got along with. He is an exacting man, but in the end will put
+up with what he can get. He cannot get along in hostility to
+you, and when treated fairly, and as he ought to be, will acquiesce.
+This letter is, of course, strictly confidential.</p>
+
+<p>There is a reaction here and the danger of an attack on
+Washington is, I think, over.</p>
+
+<p>
+Very truly your friend,<br />
+<br />
+<span class="smcap">Lyman Trumbull</span>.<br />
+</p>
+</blockquote>
+
+<p>The newspapers soon got hold of the fact that a place
+in the Cabinet had been offered to Cameron. They did
+not learn that he had been asked to decline it. Letters
+began to reach Trumbull urging him to use his influence
+to prevent such a calamity. For example:</p>
+
+<blockquote><p>James H. Van Alen, New York, January 8, says honest men
+of all parties were shocked by the rumor of Cameron's appointment
+to the Treasury. This evening Judge Hogeboom and Mr.
+Opdycke leave for Springfield and Messrs. D. D. Field and
+Barney for Washington to make their urgent protest against
+the act. Says he has written to Lincoln and forwarded extracts
+from congressional documents in relation to Simon Cameron's
+actions as commissioner to settle the claims of the half-breed
+Winnebago Indians. Refers to the <i>Congressional Globe</i>, 25th
+Congress, 3d Session, p. 194.</p>
+
+<p>E. Peck, Springfield, January 10, says all the Chicago members
+of the legislature took such steps as they could to prevent
+the appointment of Cameron, believing him not to be a proper<span class="pagenum"><a id="Page_148">[148]</a></span>
+man for any place in the Cabinet. If he goes in, it will not be
+as the head of the Treasury Department. Understands that
+Chase was offered the Treasury, but did not accept.</p>
+
+<p>C. H. Ray, Springfield, January 16, thinks that the Cameron
+business should be brought to a halt by some decisive action
+among the Republicans in Senate and House. Says Lincoln
+sees the error into which he has fallen, and would, most likely,
+be glad to recede; but, except a dozen letters, he hears only
+from the Cameron and Weed gang.</p>
+
+<p>E. Peck, Springfield, February 1, says David Davis is quite
+"huffy" because of the objections raised to Cameron and because
+Smith, of Indiana, is not at once admitted to the Cabinet.</p>
+
+<p>William Butler (state treasurer), Springfield, February 7,
+says that last evening he had a confidential conversation with
+Lincoln, who told him that the appointment of Cameron, or his
+intimation to Cameron that he would offer him a place in the
+Cabinet, had given him more trouble than anything else that
+he had yet encountered. He had made up his mind that after
+reaching Washington he would first send for Cameron and say
+to him that he intended to submit the question of his appointment
+to the Republican Senators; that he should call them
+together for consultation, but would leave Cameron out, as the
+question to be considered would be solely in reference to him;
+and that he (Lincoln) wished to deal frankly and for the good
+of the party. Butler thinks it would be disastrous to Cameron
+to go into the Cabinet under such circumstances.</p></blockquote>
+
+<p>Norman B. Judd, of Chicago, was also expecting a
+place in the Cabinet. He was a lawyer by profession and
+general attorney of the Chicago and Rock Island Railroad.
+He had been a member of the State Senate, where
+he contributed largely to Trumbull's first election to the
+United States Senate, after which he had been devoted
+to Trumbull's political interests and no less to Lincoln's.
+He was chairman of the Republican State Committee
+and a member of the National Committee. He had been
+a delegate-at-large to the Chicago Convention, where he
+had worked untiringly and effectively for Lincoln's nomination.<span class="pagenum"><a id="Page_149">[149]</a></span>
+He was not a man of ideas, but was fertile in
+expedients. In politics he was a "trimmer," sly, cat-like,
+and mysterious, and thus he came to be considered more
+farseeing then he really was; but he was jovial, companionable,
+and popular with the boys who looked after the
+primaries and the nominating conventions. Both as a
+legislator and a party manager his reputation was good,
+but his qualities were those of the politician rather than of
+the statesman. He was certainly the equal of Caleb Smith
+and the superior of Cameron. If he had been taken into
+the Cabinet, he would not have been ejected without
+assignable reasons nine months later. It was known
+immediately after the November election that he expected
+a Cabinet position and that Trumbull favored
+him.</p>
+
+<p>January 3, 1861, Judd wrote to Trumbull that he had
+heard no word from Lincoln, but he had heard indirectly
+from Butler (state treasurer) that Lincoln "never had a
+truer friend than myself and there was no one in whom he
+placed greater confidence; still circumstances embarrassed
+him about a Cabinet appointment." Judd understood this
+to mean that he would not be appointed and he took
+it very much to heart. Doubtless the circumstance that
+most embarrassed Lincoln was the same that operated in
+Cameron's case. David Davis was insisting that his
+pledge to the Indiana delegates should be made good.</p>
+
+<p>January 6, Lincoln made an early call on Gustave
+Koerner at his hotel in Springfield, before the latter was
+out of bed. Koerner gives the following account of it in
+his "Memoirs":<a id="FNanchor_48_48"></a><a href="#Footnote_48_48" class="fnanchor">[48]</a></p>
+
+<blockquote><p>I unbolted the door and in came Mr. Lincoln. "I want to
+see you and Judd. Where is his room?" I gave him the number,
+and presently he returned with Judd while I was dressing.</p>
+<p><span class="pagenum"><a id="Page_150">[150]</a></span></p>
+<p>"I am in a quandary," he said; "Pennsylvania is entitled to a
+Cabinet office. But whom shall I appoint?" "Not Cameron,"
+Judd and myself spoke up simultaneously. "But whom else?"
+We suggested Reeder or Wilmot. "Oh," said he, "they have
+no show. There have been delegation after delegation from
+Pennsylvania, hundreds of letters and the cry is Cameron,
+Cameron. Besides, you know I have already fixed on Chase,
+Seward, and Bates, my competitors at the convention. The
+Pennsylvania people say if you leave out Cameron you disgrace
+him. Is there not something in that?" I said, "Cameron
+cannot be trusted. He has the reputation of being a tricky and
+corrupt politician." "I know, I know," said Lincoln; "but can
+I get along if that State should oppose my administration?"
+He was very much distressed. We told him he would greatly
+regret his appointment. Our interview ended in a protest on
+the part of Judd and myself against the appointment.</p></blockquote>
+
+<p>January 7, Trumbull wrote to Lincoln advising him to
+give a Cabinet appointment to some person who could
+stand in a nearer and more confidential relation to him
+than that which grew out of political affinity, adding that
+he (Lincoln) knew whether Judd was the kind of man
+who would meet such requirements, and enclosing a
+written recommendation of Judd for such a position,
+signed by himself and Senators Grimes, Chandler, Wade,
+Wilkinson, Durkee, Harlan, and Doolittle. These, he
+said, were the only persons to whom the paper had been
+shown and the only ones aware of its existence.</p>
+
+<p>Let it be said in passing that this was bad advice. Any
+man going into the Cabinet as a more confidential friend
+of the President than the others would have had all the
+others for his enemies.</p>
+
+<p>January 10, William Jayne and Ebenezer Peck (both
+members of the state legislature) expressed the opinion
+that Judd would be appointed. Evidently the Trumbull
+letter and enclosure had, for the time being, produced the
+intended effect. Jayne said that Davis and Yates were<span class="pagenum"><a id="Page_151">[151]</a></span>
+opposed to Judd, but that Butler and Judge Logan
+favored him.</p>
+
+<p>February 17, Judd wrote from Buffalo, New York,
+where he was accompanying Lincoln on his journey to
+Washington, saying that he believed the Treasury would
+be offered again to Chase, and if so he must accept,
+although it might cause another "irrepressible conflict."
+He said nothing about his own prospects.<a id="FNanchor_49_49"></a><a href="#Footnote_49_49" class="fnanchor">[49]</a></p>
+
+<p>Evidently Lincoln had not yet decided to take Cameron
+into the Cabinet, but after he arrived in Washington the
+influence of Seward and Weed, which Dr. Ray had prefigured
+in a letter to Trumbull, prevailed upon him to do
+so. This was the opinion of Montgomery Blair, a high-minded
+man and an acute observer, expressed to Gideon
+Welles in these words:</p>
+
+<blockquote><p>Cameron had got into the War Department by the contrivance
+and cunning of Seward who used him and other corruptionists
+as he pleased with the assistance of Thurlow Weed; that
+Seward had tried to get Cameron into the Treasury, but was
+unable to quite accomplish that, and, after a hard underground
+quarrel against Chase, it ended in the loss of Cameron,
+who went over to Chase and left Seward.<a id="FNanchor_50_50"></a><a href="#Footnote_50_50" class="fnanchor">[50]</a></p></blockquote>
+
+<p>When Cameron and Smith were appointed, the Berlin
+Mission was given to Judd, as a salve to his wound. Gustave
+Koerner had been "slated" in the newspapers for
+the Berlin Mission, although he had not applied for it. A
+telegram had been sent out from Springfield to the effect
+that that place had been reserved for him, and he erroneously
+supposed that it had been done with Lincoln's consent.
+It had been published far and wide in America and
+Europe without contradiction. Koerner's friends on both
+<span class="pagenum"><a id="Page_152">[152]</a></span>sides of the water had written congratulatory letters to
+him, and everybody seemed to think that the thing was
+done, and wisely done. Some of his clients had notified
+him that, having observed in the newspapers that he was
+going abroad for a few years, they had engaged other
+counsel to attend to their law business. At this very time
+Koerner was laboring for Judd's appointment as member
+of the Cabinet.</p>
+
+<p>The same telegram that announced failure in this attempt
+announced that Judd had been designated as Minister
+to Prussia and had accepted. Koerner felt humiliated,
+and he now applied for some other foreign mission
+which might be awarded to the German element of the
+party&mdash;preferably that of Switzerland; but it was now
+too late. The other places had all been spoken for. At a
+later period he was appointed Minister to Spain.</p>
+
+<p>On the 9th of January, 1861, Trumbull was re&euml;lected
+Senator of the United States by the legislature of Illinois,
+by 54 votes against 46 for S. S. Marshall (Democrat).
+His nomination in the Republican caucus was without
+opposition.</p>
+
+<p>At the beginning of the special session of Congress
+called by President Lincoln for July 4, 1861, Trumbull
+was appointed by his fellow Senators Chairman of the
+Committee on the Judiciary, which place he occupied
+during the succeeding twelve years.</p>
+
+<p>The first duty he was called to perform was to announce
+the death of his colleague, Stephen A. Douglas. Douglas
+had placed himself at Lincoln's service in all efforts to
+uphold the Constitution and enforce the laws against the
+disunionists. He returned from Washington early in April
+and got in touch with his constituents, ready to act
+promptly as events might turn out. It turned out that
+the Confederates struck the first blow in the Civil War<span class="pagenum"><a id="Page_153">[153]</a></span>
+by bombarding Fort Sumter. This was the signal for
+Douglas's last and greatest political and oratorical effort.
+The state legislature, then in session, invited him to
+address them on the present crisis, and he responded on
+the 25th of April in a speech which made Illinois solid for
+the Union. The writer was one of the listeners to that
+speech and he cannot conceive that any orator of ancient
+or modern times could have surpassed it. Douglas seized
+upon his hearers with a kind of titanic grasp and held
+them captive, enthralled, spellbound for an immortal
+hour. He was the only man who could have saved southern
+Illinois from the danger of an internecine war. The
+southern counties followed him now as faithfully and as
+unanimously as they had followed him in previous years,
+and sent their sons into the field to fight for the Union as
+numerously and bravely as those of any other section of
+the state or of the country. Douglas had only a few more
+days to live. He was now forty-eight years of age, but if
+he had survived forty-eight more he could never have
+surpassed that eloquence or exceeded that service to the
+nation, for he never could have found another like occasion
+for the use of his astounding powers.</p>
+
+<p>He died at Chicago, June 3, 1861. Trumbull's eulogy
+was solemn, sincere, pathetic, and impressive&mdash;a model
+of good taste in every way. He retracted nothing, but,
+ignoring past differences, he gave an abounding and
+heartfelt tribute of praise to the dead statesman for his
+matchless service to his country in the hour of her greatest
+need. He concluded with these words:</p>
+
+<blockquote><p>On the 17th day of June last, all that remained of our departed
+brother was interred near the city of Chicago, on the
+shore of Lake Michigan, whose pure waters, often lashed into
+fury by contending elements, are a fitting memento of the
+stormy and boisterous political tumults through which the great<span class="pagenum"><a id="Page_154">[154]</a></span>
+popular orator so often passed. There the people, whose idol
+he was, will erect a monument to his memory; and there, in
+the soil of the state which so long without interruption, and
+never to a greater extent than at the moment of his death,
+gave him her confidence, let his remains repose so long as free
+government shall last and the Constitution he loved so well
+endure.</p></blockquote><p><span class="pagenum"><a id="Page_155">[155]</a></span></p>
+
+<div class="footnotes">
+<h3>FOOTNOTES:</h3>
+<div class="footnote"><p><a id="Footnote_45_45"></a><a href="#FNanchor_45_45"><span class="label">[45]</span></a> <i>Life of Lincoln</i>, by Herndon-Weik, 2d edition, <span class="smcap">iii</span>, 172, 181.</p></div>
+
+<div class="footnote"><p><a id="Footnote_46_46"></a><a href="#FNanchor_46_46"><span class="label">[46]</span></a> David Davis's habit of coercing Lincoln was once complained of by
+Lincoln himself, as related in a letter (now in the possession of Jesse W. Weik)
+of Henry C. Whitney to Wm. H. Herndon. Whitney says:
+</p><p>
+"On March 5, 1861, I saw Lincoln and requested him to appoint Jim
+Somers of Champaign to a small clerkship. Lincoln was very impatient and
+said abruptly: 'There is Davis, with that way of making a man do a thing
+whether he wants to or not, who has forced me to appoint Archy Williams
+judge in Kansas right off and John Jones to a place in the State Department;
+and I have got a bushel of despatches from Kansas wanting to know
+if I'm going to fill up all the offices from Illinois.'"</p></div>
+
+<div class="footnote"><p><a id="Footnote_47_47"></a><a href="#FNanchor_47_47"><span class="label">[47]</span></a> <i>Diary of Gideon Welles</i>, <span class="smcap">ii</span>, 390.</p></div>
+
+<div class="footnote"><p><a id="Footnote_48_48"></a><a href="#FNanchor_48_48"><span class="label">[48]</span></a> Vol. <span class="smcap">ii</span>, p. 114.</p></div>
+
+<div class="footnote"><p><a id="Footnote_49_49"></a><a href="#FNanchor_49_49"><span class="label">[49]</span></a> Fogg of New Hampshire says: "Mrs. Lincoln has the credit of excluding
+Judd, of Chicago, from the Cabinet,"&mdash;which is not unlikely. <i>Diary of Gideon
+Welles.</i></p></div>
+
+<div class="footnote"><p><a id="Footnote_50_50"></a><a href="#FNanchor_50_50"><span class="label">[50]</span></a> <i>Diary of Gideon Welles</i>, <span class="smcap">i</span>, 126.</p></div>
+</div>
+
+<hr class="chap" />
+
+<h2 id="CHAPTER_IX">CHAPTER IX</h2>
+
+<p class="h3">FORT SUMTER</p>
+
+<p>Mrs. Trumbull did not accompany her husband to
+Washington at the special session of Congress July 4, 1861.
+A few letters written to her by him have been preserved.
+One of these revives the memory of an affair which caused
+intense indignation throughout the loyal states.</p>
+
+<p>On the day when it was decided in Cabinet meeting to
+send supplies to Major Anderson in Fort Sumter, a newspaper
+correspondent named Harvey, a native of South
+Carolina, sent a telegram to Governor Pickens at Charleston
+notifying him of the fact. Harvey was the only newspaper
+man in Washington who had the news. He did not
+put his own name on the telegram, but signed it "A
+Friend." He was afterward appointed, at Secretary
+Seward's instance, as Minister to Portugal, although he
+was so obscure in the political world that the other Washington
+correspondents had to unearth and identify him
+to the public. It was said that he had once been the editor
+of the Philadelphia <i>North American</i>. After he had
+departed for his mission, there had been a seizure of telegrams
+by the Government and this anonymous one to
+Governor Pickens was found. The receiving-clerk testified
+that it had been sent by Harvey. The Republicans
+in Congress, and especially the Senators who had voted
+to confirm him, were boiling with indignation. A committee
+of the latter was appointed to call upon the President
+and request him to recall Harvey. A letter of Trumbull
+to his wife (July 14) says:</p>
+
+<p><span class="pagenum"><a id="Page_156">[156]</a></span></p><blockquote><p>The Republicans in caucus appointed a committee to express
+to him their want of confidence in Harvey, Minister
+to Portugal. Mr. Lincoln and Mr. Seward informed the committee
+that they were aware of the worst dispatch to Governor
+Pickens before he left the country, but not before he received
+the appointment, and they did not think from their conversation
+with Harvey that he had any criminal intent, and requested
+the committee to report the facts to the caucus, Mr. Lincoln
+saying that he would like to know whether Senators were as
+dissatisfied when they came to know all the facts. The caucus
+will meet to-morrow and I do not believe will be satisfied with
+the explanation.</p></blockquote>
+
+<p>The inside history of this telegram was made public
+long afterward. Shortly before Seward took office as
+Secretary of State there came to Washington City three
+commissioners from Montgomery, Alabama, whose purpose
+was to negotiate terms of peaceful separation of the
+Confederate States of America from the United States,
+or to report to their own Government the refusal of the
+latter to enter into such negotiation. These men were
+Martin J. Crawford, John Forsyth, and A. B. Roman.
+They arrived in Washington on the 27th of February,
+four days after Lincoln's arrival and one week before his
+inauguration. They did not make their errand known until
+after the inauguration. They then communicated with
+Seward, by an intermediary, the nature of their mission,
+and the latter replied verbally that it was the intention of
+the new Administration to settle the dispute in an amicable
+manner. On the 15th of March, Seward assured the
+Confederate envoys that Sumter would be evacuated
+before a letter from them could reach Montgomery&mdash;that
+is, within five days. The negotiations were protracted
+till a decision had been reached, contrary to
+Seward's desires and promises, to send a fleet with provisions
+to relieve the garrison at Fort Sumter. Then Seward
+gave this fact to Harvey, knowing that he would transmit<span class="pagenum"><a id="Page_157">[157]</a></span>
+it to Governor Pickens and that the probable effect
+would be to defeat the scheme of relieving the garrison.
+This he evidently desired. He had already secretly
+detached the steamer Powhatan, an indispensable part of
+the Sumter fleet, and sent it on a useless expedition to
+Pensacola Harbor.</p>
+
+<p>Gideon Welles's account of the Harvey affair is as follows:</p>
+
+<blockquote><p>Soon after President Lincoln had formed the resolution to
+attempt the relief of Sumter, and whilst it was yet a secret, a
+young man connected with the telegraph office in Washington,
+with whom I was acquainted, a native of the same town with
+myself, brought to me successively two telegrams conveying to
+the rebel authorities information of the purposes and decisions
+of the Administration. One of these telegrams was from Mr.
+Harvey, a newspaper correspondent, who was soon after, and
+with a full knowledge of his having communicated to the rebels
+the movements of the Government, appointed Minister to
+Lisbon. I had, on receiving these copies, handed them to the
+President. Mr. Blair, who had also obtained a copy of one,
+perhaps both, of these telegrams from another source, likewise
+informed him of the treachery. The subject was once or twice
+alluded to in Cabinet without eliciting any action, and when
+the nomination of Mr. Harvey to the Portuguese Mission was
+announced&mdash;a nomination made without the knowledge of
+any member of the Cabinet but the Secretary of State and
+made at his special request&mdash;there was general disapprobation
+except by the President (who avoided the expression of
+any opinion) and by Mr. Seward. The latter defended and
+justified the selection, which he admitted was recommended
+by himself, but the President was silent in regard to it.<a id="FNanchor_51_51"></a><a href="#Footnote_51_51" class="fnanchor">[51]</a></p></blockquote>
+
+<p>Trumbull says in his letter that Lincoln and Seward
+told the committee that they did not know that Harvey
+had sent the dispatch before he received the appointment.
+Welles says that both of them knew it beforehand, and
+that it was a matter of Cabinet discussion in which Lin<span class="pagenum"><a id="Page_158">[158]</a></span>coln,
+however, took no part. How are we to explain this
+contradiction? It was impossible for Lincoln to utter an
+untruth, but if we may credit Gideon Welles, <i>passim</i>, it
+was not impossible for Seward to do so and for Lincoln to
+remain silent while he did so, as he remained silent while
+the Cabinet were discussing the appointment of Harvey.
+If Seward, at the meeting of which Trumbull wrote, in this
+private letter to his wife, took the lead in the conversation,
+as was his habit, and said that there was no knowledge
+of Harvey's telegram to Governor Pickens until
+after Harvey had been appointed as minister, and Lincoln
+said nothing to the contrary, he would naturally have
+assumed that Seward spoke for both.</p>
+
+<p>There is reason to believe that Seward had previously
+prevailed upon the President to agree to surrender Fort
+Sumter, as a means of preventing the secession of Virginia.
+Evidence of this fact is supplied by the following
+entry in the diary of John Hay, under date October 22,
+1861:</p>
+
+<blockquote><p>At Seward's to-night the President talked about Secession,
+Compromise, and other such. He spoke of a Committee of
+Southern pseudo-unionists coming to him before inauguration
+for guarantees, etc. <i>He promised to evacuate Sumter if they
+would break up their Convention without any row, or nonsense.</i>
+They demurred. Subsequently he renewed proposition to
+Summers, but without any result. The President was most
+anxious to prevent bloodshed.<a id="FNanchor_52_52"></a><a href="#Footnote_52_52" class="fnanchor">[52]</a></p></blockquote>
+
+<p>Hay here speaks of two offers made by Lincoln to evacuate
+Sumter, one before his inauguration and one after.
+Both were made on condition that a certain convention
+should be adjourned. This was the convention of Virginia,
+which had been called to consider the question of
+secession. It had met in Richmond on the 18th of Febru<span class="pagenum"><a id="Page_159">[159]</a></span>ary,
+while Lincoln was <i>en route</i> for Washington. As Lincoln
+arrived in Washington on the 23d of February, the
+first offer must have been made in the interval between
+that day and the 4th of March.</p>
+
+<p>The History of Nicolay and Hay does not mention the
+first offer. It speaks of the second one as a matter about
+which the facts are in dispute, the disputants being John
+Minor Botts and J. B. Baldwin. Botts was an ex-member
+of Congress from Virginia and a strong Union man. Baldwin
+was a member of the Virginia Convention and a Union
+man. He had come to Washington in response to an invitation
+which Lincoln had sent, on or about the 20th of
+March, to George W. Summers, who was likewise a member
+of the convention. Summers was not able to come at
+the time when the invitation reached him, and he deputed
+Baldwin to go in his place.</p>
+
+<p>After the war ended, Botts wrote a book entitled "The
+Great Rebellion," in which he gave the following account
+of an interview he had had with President Lincoln on
+Sunday, April 7, 1861 (two days after Baldwin had had
+his interview):</p>
+
+<blockquote><p>About this time Mr. Lincoln sent a messenger to Richmond,
+inviting a distinguished member of the Union party to come
+immediately to Washington, and if he could not come himself,
+to send some other prominent Union man, as he wanted to see
+him on business of the first importance. The gentleman thus
+addressed, Mr. Summers, did not go, but sent another, Mr. J.
+B. Baldwin, who had distinguished himself by his zeal in the
+Union cause during the session of the convention; but this gentleman
+was slow in getting to Washington, and did not reach
+there for something like a week after the time he was expected.
+He reached Washington on Friday, the 5th of April, and, on
+calling on Mr. Lincoln, the following conversation in substance
+took place, as I learned from Mr. Lincoln himself. After expressing
+some regret that he had not come sooner, Mr. Lincoln
+said, "My object in desiring the presence of Mr. Summers,<span class="pagenum"><a id="Page_160">[160]</a></span>
+or some other influential and leading member of the Union
+party in your convention, was to submit a proposition by which
+I think the peace of the country can be preserved; but I fear
+you are almost too late. However, I will make it yet.</p>
+
+<p>"This afternoon," he said, "a fleet is to sail from the harbor
+of New York for Charleston; your convention has been in session
+for nearly two months, and you have done nothing but
+hold and shake the rod over my head. You have just taken a
+vote, by which it appears you have a majority of two to one
+against secession. Now, so great is my desire to preserve the
+peace of the country, and to save the border states to the
+Union, that if you gentlemen of the Union party will adjourn
+without passing an ordinance of secession, I will telegraph at
+once to New York, arrest the sailing of the fleet, and take the
+responsibility of <span class="smcap">evacuating Fort Sumter</span>!"</p>
+
+<p>The proposition was declined. On the following Sunday night
+I was with Mr. Lincoln, and the greater part of the time alone,
+when Mr. Lincoln related the above facts to me. I inquired,
+"Well, Mr. Lincoln, what reply did Mr. Baldwin make?" "Oh,"
+said he, throwing up his hands, "he wouldn't listen to it at all;
+scarcely treated me with civility; asked me what I meant by an
+adjournment; was it an adjournment <i>sine die</i>?" "Of course,"
+said Mr. Lincoln, "I don't want you to adjourn, and, after I
+have evacuated the fort, meet again to adopt an ordinance of
+secession." I then said, "Mr. Lincoln, will you authorize <i>me</i>
+to make that proposition? For I will start to-morrow morning,
+and have a meeting of the Union men to-morrow night, who,
+I have no doubt, will gladly accept it." To which he replied,
+"It's too late, now; the fleet sailed on Friday evening."</p></blockquote>
+
+<p>In 1866, the Reconstruction Committee of Congress
+got an inkling of this interview between Lincoln and Baldwin,
+called Baldwin as a witness, and questioned him about
+it. He testified that he had an interview with the President
+at the date mentioned, but denied that Lincoln had
+offered to evacuate Fort Sumter if the Virginia Convention
+would adjourn <i>sine die</i>. Thereupon Botts collected
+and published a mass of collateral evidence to show that
+Baldwin had testified falsely.</p><p><span class="pagenum"><a id="Page_161">[161]</a></span></p>
+
+<p>Botts says in his book that he had confirmatory letters
+from Governor Peirpoint, General Millson, of Virginia,
+Dr. Stone, of Washington, Hon. Garrett Davis (Senator
+from Kentucky), Robert A. Gray, of Rockingham
+(brother-in-law to Baldwin), Campbell Tarr, of Wheeling,
+and three others, to whom Lincoln made the statement
+regarding his interview with Baldwin, in almost the same
+language in which he made it to Botts himself. Botts
+quotes from two letters written to him by John F. Lewis
+in 1866, in which the latter says that Baldwin acknowledged
+to him (Lewis) that Lincoln did offer to evacuate
+Fort Sumter on the condition named. There are persons
+now living to whom Lewis made the same statement,
+verbally.</p>
+
+<p>There is another piece of evidence, supplied by Rev. R.
+L. Dabney in the Southern Historical Society Papers, in
+a communication entitled "Colonel Baldwin's Interview
+with Mr. Lincoln." This purports to give the writer's
+recollections of an interview with Baldwin in March,
+1865, at Petersburg, while the siege of that place was
+going on. Baldwin said that Secretary Seward sent Allan
+B. Magruder as a messenger to Mr. Janney, president of
+the Virginia Convention, urging that one of the Union
+members come to Washington to confer with Lincoln.
+Baldwin was called out of the convention by Summers on
+the 3d of April to see Magruder, and the latter said that
+Seward had authorized him to say that Fort Sumter would
+be evacuated on Friday of the ensuing week. The gentlemen
+consulted urged Baldwin to go to Washington, and he
+consented and did go promptly. Seward accompanied him
+to the White House and Lincoln took him upstairs into
+his bedroom and locked the door. Lincoln "took a seat
+on the edge of the bed, spitting from time to time on the
+carpet." The two entered into a long dispute about the<span class="pagenum"><a id="Page_162">[162]</a></span>
+right of secession. Baldwin insisted that coercion would
+lead to war, in which case Virginia would join in behalf
+of the seceded states.</p>
+
+<blockquote><p>Lincoln's native good sense [the narrative proceeds], with
+Baldwin's evident sincerity, seemed now to open his eyes to the
+truth. He slid off the edge of the bed and began to stalk in his
+awkward manner across the chamber in great excitement and
+perplexity. He clutched his shaggy hair as though he would
+jerk out handfuls by the roots. He frowned and contorted his
+features, exclaiming, "I ought to have known this sooner; you
+are too late, sir, <i>too late</i>. Why did you not come here four days
+ago and tell me all this?" Colonel Baldwin replied: "Why,
+Mr. President, you did not ask our advice."</p></blockquote>
+
+<p>The foregoing narrative involves the supposition that
+Lincoln, in the midst of preparations for sending a fleet
+to Fort Sumter, dispatched a messenger to Richmond to
+bring a man to Washington to discuss with him the abstract
+question of the right of a state to secede, and that,
+having procured the presence of such a person, he took
+him into a bedroom, locked the door, and had the debate
+with him, taking care that nobody else should hear a syllable
+of it. Not a word about Fort Sumter, although
+Magruder, the messenger, had said that it would be evacuated
+on the following Friday! Yet the Rev. Mr. Dabney
+did not see the incongruity of the situation.</p>
+
+<p>Nicolay and Hay say that Lincoln did not make any
+offer to Baldwin to evacuate Sumter, but did tell him
+what he had intended to say to Summers, if the latter had
+come to Washington at the right time.<a id="FNanchor_53_53"></a><a href="#Footnote_53_53" class="fnanchor">[53]</a></p>
+
+<p>Douglas in combating the Rebels, in contrast to the futile
+diplomacy of Seward:</p>
+
+<p>A marvelous incident is related in Welles's Diary
+immediately after his narrative of the Harvey affair. It
+describes the activity and earnestness of Stephen A.</p>
+<p><span class="pagenum"><a id="Page_163">[163]</a></span></p>
+<blockquote><p>Two days preceding the attack on Sumter, I met Senator
+Douglas in front of the Treasury Building. He was in a carriage
+with Mrs. Douglas, driving rapidly up the street. When
+he saw me he checked his driver, jumped from the carriage, and
+came to me on the sidewalk, and in a very earnest and emphatic
+manner said the rebels were determined on war and were about
+to make an assault on Sumter. He thought immediate and
+decisive measures should be taken; considered it a mistake
+that there had not already been more energetic action; said
+the dilatory proceedings of the Government would bring on a
+terrible civil war; that the whole South was united and in
+earnest. Although he had differed with the Administration on
+important questions and would never be in accord with some
+of its members on measures and principles that were fundamental,
+yet he had no fellowship with traitors or disunionists.
+He was for the Union and would stand by the Administration
+and all others in its defense, regardless of party. [Welles proposed
+that they should step into the State Department and
+consult with Seward.] The look of mingled astonishment and
+incredulity which came over him I can never forget. "Then
+you," he said, "have faith in Seward! Have you made yourself
+acquainted with what has been going on here all winter?
+Seward has had an understanding with these men. If he has
+influence with them, why don't he use it?"</p></blockquote>
+
+<p>Douglas considered it a waste of time and effort to talk
+to Seward, considered him a dead weight and drag on the
+Administration; said that Lincoln was honest and meant
+to do right, but was benumbed by Seward; but finally
+yielded to Welles's desire that they should go into Seward's
+office, in front of which they were standing. They went in
+and Douglas told Seward what he had told Welles, that
+the rebels were determined on war and were about to make
+an assault on Sumter, and that the Administration ought
+not to delay another minute, but should make instant
+preparations for war. All the reply they got from Seward<span class="pagenum"><a id="Page_164">[164]</a></span>
+was that there were many rash and reckless men at
+Charleston and that if they were determined to assault
+Sumter he did not know how they were to be prevented
+from doing so.</p>
+
+<p>Seward's aims were patriotic but futile. He wished to
+save the Union without bloodshed, but the steps which he
+took were almost suicidal. What the country then needed
+was a jettison of compromises, and a resolution of doubts.
+Providence supplied these. The bombardment of Sumter
+accomplished the object as nothing else could have done.
+Nothing could have been contrived so sure to awaken the
+volcanic forces that ended in the destruction of slavery as
+the spectacle in Charleston Harbor.</p><p><span class="pagenum"><a id="Page_165">[165]</a></span></p>
+
+<div class="footnotes">
+<h3>FOOTNOTES:</h3>
+
+<div class="footnote"><p><a id="Footnote_51_51"></a><a href="#FNanchor_51_51"><span class="label">[51]</span></a> <i>Diary of Gideon Welles</i>, <span class="smcap">i</span>, 32.</p></div>
+
+<div class="footnote"><p><a id="Footnote_52_52"></a><a href="#FNanchor_52_52"><span class="label">[52]</span></a> <i>Letters and Diaries of John Hay</i>, 1, 47.</p></div>
+
+<div class="footnote"><p><a id="Footnote_53_53"></a><a href="#FNanchor_53_53"><span class="label">[53]</span></a> Nicolay and Hay, <span class="smcap">iii</span>, 428. Probably the entry in Hay's Diary had been
+forgotten when the History was written, twenty-five years later.</p></div>
+</div>
+
+<hr class="chap" />
+
+<h2 id="CHAPTER_X">CHAPTER X</h2>
+
+<p class="h3">BULL RUN&mdash;THE CONFISCATION ACT</p>
+
+<p>In company with other Senators, Trumbull went to the
+battle of Bull Run, July 21, 1861. His experience there he
+communicated to his wife, first by a brief telegram, and
+afterwards by letter. The telegram was suppressed by
+the authorities in charge of the telegraph office, who substituted
+one of their own in place of it and appended his
+name to it. The letter follows:</p>
+
+<blockquote><p>
+
+<span class="smcap">Washington</span>, July 22nd, 1861.<br />
+</p>
+
+<p>We started over into Virginia about 9 o'clock A.M., and drove
+to Centreville, which is a high commanding position and a
+village of perhaps fifty houses. Bull Run, where the battle
+occurred, is South about 3 miles and the creek on the main
+road, looking West, is about 4-1/2 miles distant. The country is
+timbered for perhaps a mile West of the creek, between which
+and Centreville there are a good many cleared fields. At Centreville,
+Grimes and I got saddles and rode horseback down the
+main road towards the creek about three miles toward a hospital
+where were some few wounded soldiers and a few prisoners
+who had been sent back. This was about half-past three o'clock
+P.M. Here we met with Col. Vandever of Iowa, who gave us
+a very clear account of the battle. He had been with Gen.
+McDowell and Gen. Hunter, who with the strongest part of the
+army, had gone early in the morning a few miles north of the
+main road and crossed the creek to take the enemy in the flank.
+His division had very serious fighting, but had driven the
+enemy back and taken three of his batteries. At the hospital
+we were about one and a half miles from Generals Tyler and
+Schenck, Col. Sherman, etc., who were down the road in the
+woods and out of sight, with several regiments and a number of
+guns. Their troops, Vandever told us, were a good deal demoralized,
+and he feared an attack from the South towards Bull<span class="pagenum"><a id="Page_166">[166]</a></span>
+Run where the battle of a few days ago was fought. About this
+time a battery, apparently not more than a mile and a half distant
+and from the South, fired on the battery where Sherman
+and Schenck were. The firing was not rapid. On the hill at
+Centreville we could see quite beyond the timber of the creek
+off towards Manassas and see the smoke and hear the report of
+the artillery, but not very rapid as I thought. This we observed
+before leaving Centreville, and were told it was our main army
+driving the enemy back, but slowly and with great difficulty.</p>
+
+<p>While at the hospital McDougall of California came up from
+the neighborhood of Gen. Schenck and said he was going back
+towards Centreville to a convenient place where he could get
+water and take lunch. As Grimes and myself had got separated
+from Messrs. Wade and Chandler and Brown, who had with
+them our supplies, we concluded to go back with McD. and partake
+with him. We returned on the road towards Centreville
+and turned up towards a house fifty or a hundred yards from
+the road, where we quietly took our lunch, the firing continuing
+about as before. Just as we were putting away the things we
+heard a great noise, and looking up towards the road saw it
+filled with wagons, horsemen and footmen in full run towards
+Centreville. We immediately mounted our horses and galloped
+to the road, by which time it was crowded, hundreds being in
+advance on the way to Centreville and two guns of the Sherman
+battery having already passed in full retreat. We kept on with
+the crowd, not knowing what else to do. On the way to Centreville
+many soldiers threw away their guns, knapsacks, etc. Gov.
+Grimes and I each picked up a gun. I soon came up to Senator
+Lane of Indiana, and the gun being heavy to carry and he better
+able to manage it, I gave it to him. Efforts were made to
+rally the men by civilians and others on their way to Centreville,
+but all to no purpose. Literally, three could have chased
+ten thousand. All this stampede was occasioned, as I understand,
+by a charge of not exceeding two hundred cavalry upon
+Schenck's column down in the woods, which, instead of repulsing
+as they could easily have done (having before become
+disordered and having lost some of their officers), broke and
+ran, communicating the panic to everybody they met. The
+rebel cavalry, or about one hundred of them, charged up past
+the hospital where we had been and took there some prisoners,<span class="pagenum"><a id="Page_167">[167]</a></span>
+as I am told, and released those we had. It was the most shameful
+rout you can conceive of. I suppose two thousand soldiers
+came rushing into Centreville in this disorganized condition.
+The cavalry which made the charge I did not see, but suppose
+they disappeared in double-quick time, not dreaming that they
+had put a whole division to flight. Several guns were left down
+in the woods, though I believe two were brought off. What
+became of Schenck I do not know. Tyler, I understand, was at
+Centreville when I got back there. Whether other portions of
+our army were shamefully routed just at the close of the day,
+after we had really won the battle, it seems impossible for me
+to learn, though I was told that McDowell was at Centreville
+when we were there and that his column had also been driven
+back. If this be so it is a terrible defeat. At Centreville there
+was a reserve of 8000 or 10,000 men under Col. Miles who had
+not been in the action and they were formed in line of battle
+when we left there, but the enemy did not, I presume, advance
+to that point last night, as we heard no firing. We fed our
+horses at Centreville and left there at six o'clock last evening.
+Came on to Fairfax Court House, where we got supper, and
+leaving there at ten o'clock reached home at half-past two this
+morning, having had a sad day and witnessed scenes I hope
+never to see again. Not very many baggage wagons, perhaps
+not more than fifty, were advanced beyond Centreville. From
+them the horses were mostly unhitched and the wagons left
+standing in the road when the stampede took place. This side
+of Centreville there were a great many wagons, and the alarm
+if possible was greater than on the other. Thousands of shovels
+were thrown out upon the road, also axes, boxes of provisions,
+etc. In some instances wagons were upset to get them out of
+the road, and the road was full of four-horse wagons retreating
+as fast as possible, and also of flying soldiers who could not be
+made to stop at Centreville. The officers stopped the wagons
+and a good many of the retreating soldiers by putting a file of
+men across the road and not allowing them to pass. In this
+way all the teams were stopped, but a good many stragglers
+climbed the fences and got by. I fear that a great, and, of
+course, a terrible slaughter has overtaken the Union forces&mdash;God's
+ways are inscrutable. I am dreadfully disappointed and
+mortified.</p></blockquote><p><span class="pagenum"><a id="Page_168">[168]</a></span></p>
+
+<p>Copy of telegram sent to Mrs. Lyman Trumbull, July
+22, 1861:</p>
+
+<blockquote><p>The battle resulted unfavorably to our cause.</p>
+
+<p><span class="smcap">Lyman T.</span></p></blockquote>
+
+<p>When received by Mrs. Trumbull, it read:</p>
+
+<blockquote><p>I came from near the battlefield last night. It was a desperately
+bloody fight.</p></blockquote>
+
+<p>The only bill of importance passed at the July session of
+Congress at Trumbull's instance was one to declare free
+all slaves who might be employed by their owners, or
+with their owners' consent, on any military or naval work
+against the Government, and who might fall into our
+hands. It was called a Confiscation Act, but it did not
+confiscate any other than slave property. It was an entering
+wedge, however, for complete emancipation which
+came by successive steps later.</p>
+
+<p>At the beginning of the regular session (December,
+1861), I was sent to Washington City as correspondent of
+the Chicago <i>Tribune</i>, and was, for the first time, brought
+into close relations with Trumbull. He had rented a
+house on G Street, near the Post-Office Department.</p>
+
+<p>Very few Senators at that period kept house in Washington.
+At Mrs. Shipman's boarding-house on Seventh
+Street, lived Senators Fessenden, Grimes, Foot, and Representatives
+Morrill, of Vermont, and Washburne, of
+Illinois; and there I also found quarters. As this was
+only a block distant from the Trumbulls', and as I had
+received a cordial welcome from them, I was soon on
+terms of intimacy with the family. Mr. Trumbull was
+then forty-eight-years of age, five feet ten and one half
+inches in height, straight as an arrow, weighing one hundred
+and sixty-seven pounds, of faultless physique, in
+perfect health, and in manners a cultivated gentleman.<span class="pagenum"><a id="Page_169">[169]</a></span>
+Mrs. Trumbull was thirty-seven years old, of winning
+features, gracious manners, and noble presence. Five
+children had been born to them, all sons. Walter, fifteen
+years of age, the eldest then living, had recently returned
+from an ocean voyage on the warship Vandalia, under
+Commander S. Phillips Lee. A more attractive family
+group, or one more charming in a social way or more
+kindly affectioned one to another, I have never known.
+Civilization could show no finer type.</p>
+
+<p>The Thirty-seventh Congress met in a state of great
+depression. Disaster had befallen the armies of the
+Union, but the defeat at Bull Run was not so disheartening
+as the subsequent inaction both east and west. McClellan
+on the Potomac had done nothing but organize
+and parade. Fr&eacute;mont on the Mississippi had done worse
+than nothing. He had surrounded himself with a gang
+of thieves whose plundering threatened to bankrupt the
+treasury, and when he saw exposure threatening he issued
+a military order emancipating slaves, the revocation of
+which by the President very nearly upset the Government.
+The popular demand for a blow at slavery as the
+cause of the rebellion had increased in proportion as the
+military operations had been disappointing. Lincoln believed
+that the time had not yet come for using that
+weapon. He revoked Fr&eacute;mont's order. He thereby saved
+Kentucky to the Union, and he still held emancipation in
+reserve for a later day; but he incurred the risk of alienating
+the radical element of the Republican party&mdash;an
+honest, fiery, valiant, indispensable wing of the forces
+supporting the Union. The explosion which took place
+in this division of the party was almost but not quite
+fatal. Many letters received by Trumbull at this juncture
+were angry and some mournful in the extreme. The
+following written by Mr. M. Carey Lea, of Philadelphia,<span class="pagenum"><a id="Page_170">[170]</a></span>
+touches upon a danger threatening the national finances,
+in consequence of this episode:</p>
+
+<blockquote><p>
+
+<span class="smcap">Philadelphia</span>, Nov. 1, 1861.<br />
+</p>
+
+<p><span class="smcap">Dear Sir:</span> The ability of our Government to carry on this war
+depends upon its being able to continue to obtain the enormous
+amounts of money requisite. Of late, within a week or so, an
+alarming falling off in the bond subscriptions has taken place.
+Now it is upon these private subscriptions that the ability of
+the banks to continue to lend the Government money depends,
+and unless a change takes place they will be unable to take the
+fifty millions remaining of the one hundred and fifty millions
+loan. A member of the committee informed me lately that
+the banks had positively declined to pledge themselves before
+the 1st of December, notwithstanding Mr. Chase's desire that
+they should do so.</p>
+
+<p>This sudden diminution of subscriptions arises from the
+course taken by some of our friends in the West. Even suppose
+that Gen. Fr&eacute;mont is treated unfairly by the Government (and
+I think he is fairly termed incapable)&mdash;but suppose there
+should be injustice done him&mdash;you might disapprove it, but
+the moment there is any serious idea of <i>resisting</i> the act of the
+President, <i>this</i> war is ended. For the bare suggestion of such a
+thing has almost stopped subscriptions, and the serious discussion,
+much more the attempt, would instantly put an end to
+them.</p>
+
+<p>I beg to remind you that in what I say I have no prejudice
+against Fr&eacute;mont. I voted for him and have always concurred
+in opinions with the Republican party, but we have now
+reached a point where, if we look to <i>men</i> and not to <i>principles</i>,
+we are shipwrecked. Fr&eacute;mont is not more anti-slavery in his
+views than Lincoln and Seward, and if he were in their place
+would adopt the same cautious policy. The state of affairs
+must be my excuse for intruding upon you these views. We <i>all</i>
+have <i>all</i> at stake and such a crisis leads those to speak who are
+ordinarily silent. I remain, my dear Sir,</p>
+
+<p>
+Yours respectfully,<br />
+<br />
+<span class="smcap">M. Carey Lea</span>.<br />
+</p>
+</blockquote>
+
+<p>To this weighty communication Trumbull made the
+following reply:</p><p><span class="pagenum"><a id="Page_171">[171]</a></span></p>
+
+<blockquote><p>
+
+<span class="smcap">Washington</span>, Nov. 5th, 1861.<br />
+</p>
+
+<p><span class="smcap">My dear Sir:</span> Thanks for your kind letter just received. I was
+not aware of a disposition in the West to resist the act of the
+President in regard to Gen. Fr&eacute;mont; though I was aware that
+there was very great dissatisfaction in that part of the country
+at the want of enterprise and energy on that part of our Grand
+Army of the Potomac. We are fighting to sustain constitutional
+government and regulated liberty, and, of course, to set up any
+military leader in opposition to the constituted authorities
+would be utterly destructive of the very purpose for which the
+people of the loyal states are now so liberally contributing their
+blood and treasure, and could only be justified in case those
+charged with the administration of affairs were betraying their
+trusts or had shown themselves utterly incompetent and unable
+to maintain the Government. In my opinion this rebellion
+ought to and might have been crushed before this.</p>
+
+<p>I have entire confidence in the integrity and patriotism of
+the President. He means well and in ordinary times would have
+made one of the best of Presidents, but he lacks confidence in
+himself and the <i>will</i> necessary in this great emergency, and he is
+most miserably surrounded. Now that Gen. Scott has retired,
+I hope for more activity and should confidently expect it did I
+not know that there is still remaining an influence almost if not
+quite controlling, which I fear is looking more to some grand
+diplomatic move for the settlement of our troubles than to the
+strengthening of our arms. It is only by making this war terrible
+to traitors that our difficulties can be permanently settled.
+War means desolation, and they who have brought it on must
+be made to feel all its horrors, and our armies must go forth
+using all the means which God and nature have put in their
+hands to put down this wicked rebellion. This in the end will
+be done, and if our armies are vigorously and actively led will
+soon give us peace. I trust that Gen. McClellan will now drive
+the enemy from the vicinity of the Capital&mdash;that he has the
+means to do it, I have no doubt. If the case were reversed and
+the South had our means and our arms and men, and we theirs,
+they would before this have driven us to the St. Lawrence. If
+our army should go into winter quarters with the Capital besieged,
+I very much fear the result would be a recognition of the
+Confederates by foreign Governments, the demoralization of<span class="pagenum"><a id="Page_172">[172]</a></span>
+our own people, and of course an inability to raise either men
+or money another season. Such must not be. Action, action
+is what we want and must have. God grant that McClellan
+may prove equal to the emergency.</p>
+
+<p>
+Yours very truly,<br />
+<br />
+<span class="smcap">Lyman Trumbull</span>.<br />
+</p>
+</blockquote>
+
+<p>The "influence almost if not quite controlling" meant
+Seward. Secretary Cameron went to St. Louis to investigate
+Fr&eacute;mont and found him guilty. Two months later he
+followed Fr&eacute;mont's example.<a id="FNanchor_54_54"></a><a href="#Footnote_54_54" class="fnanchor">[54]</a> In his report as Secretary
+of War he inserted an argument in favor of the emancipation
+and arming of slaves. This he sent to the newspapers
+in advance of its delivery to the President and without his
+knowledge. The latter discovered it in time to expunge
+the objectionable part and to prevent its delivery to Congress,
+but not soon enough to recall it from the press. The
+expunged part was published by some of the newspapers
+that had received it and was reproduced in the <i>Congressional
+Globe</i> (December 12), by Representative Eliot, of
+Massachusetts.</p>
+
+<p>The next man to take upon himself the responsibility of
+declaring the nation's policy on this momentous question
+was General David Hunter, who then held sway over a
+small strip of ground on the coast of South Carolina. In
+the month of May, 1862, he issued an order granting
+freedom to all slaves in South Carolina, Georgia, and
+Florida. Hunter's order was promptly revoked by the
+President.</p>
+
+<p><span class="pagenum"><a id="Page_173">[173]</a></span></p><p>Trumbull had been the pioneer, at the July session, in
+the way of legislation for freeing the slaves. On the first
+day of the regular session he took another step forward,
+by introducing a bill for the confiscation of the property
+of the rebels and for giving freedom to persons held as
+slaves by them. This came to be known as the Confiscation
+Act.</p>
+
+<p>On the 5th of December, 1861, he reported the bill
+from the Committee on the Judiciary and made a brief
+speech on it. It provided that all the property, real and
+personal, situated within the limits of the United States,
+belonging to persons who should bear arms against the
+Government, or give aid and comfort to those in rebellion,
+which persons should not be reachable by the ordinary
+process of law, should be forfeited and confiscated to the
+United States and that the forfeiture should take immediate
+effect; and that the slaves of all such persons should
+be free. Also that no slaves escaping from servitude
+should be delivered up unless the person claiming them
+should prove that he had been at all times loyal to the
+Government. Also that no officer in the military or naval
+service should assume to decide whether a claim made by
+a master to an escaping slave was valid or not.</p>
+
+<p>This bill was the <i>pi&egrave;ce de r&eacute;sistance</i> of senatorial debate
+for the whole session. Its confiscatory features were
+attacked on the 4th of March by Senator Cowan, in a
+speech of great force. Cowan was a new Senator from
+Pennsylvania, a Republican of conservative leanings,
+and a great debater. He opposed the bill on grounds of
+both constitutionality and expediency. On the 24th of
+April, Collamer, of Vermont, expressed the sound opinions
+that private property could not be confiscated except
+by judicial process, and that even if it could be done
+it would be bad policy, since it would tend to prolong<span class="pagenum"><a id="Page_174">[174]</a></span>
+the war and would constitute a barrier against future
+peace.</p>
+
+<p>The Confederate Government had led the way by
+passing a law (May 21, 1861) sequestrating all debts due
+to Northern individuals or corporations and authorizing
+the payment of the same to the Confederate Treasury.
+The whole subject was extremely complex. "There was
+commonly," says a recent writer in the <i>American Historical
+Review</i>, "a failure in the debates to discriminate
+between a general confiscation of property within the
+jurisdiction of the confiscating government and the treatment
+accorded by victorious armies to private property
+found within the limits of military occupation. Thus the
+general rule exempting private property on land from the
+sort of capture property must suffer at sea, was erroneously
+appealed to as an inhibition upon the right of judicial
+confiscation. That a military capture on land analogous
+to prize at sea was not regarded as a legitimate war measure
+was so obvious and well recognized a principle that it
+would hardly require a continual reaffirmation. It was a
+very different matter, however, so far as the law and practice
+of nations was concerned, for a belligerent to attack
+through its courts whatever enemy's property might be
+available within its limits."<a id="FNanchor_55_55"></a><a href="#Footnote_55_55" class="fnanchor">[55]</a></p>
+
+<p>Collamer offered an amendment to strike out the first
+section of the bill and insert a clause providing that every
+person adjudged guilty of the crime of treason should suffer
+death, or, at the discretion of the court, be imprisoned not
+less than five years and fined not less than ten thousand
+dollars, which fine should be levied on any property, real
+or personal, of which he might be possessed. The fine
+was to be in lieu of confiscation. The aim of the amend<span class="pagenum"><a id="Page_175">[175]</a></span>ment
+was to substitute due process of law in place of legislative
+forfeiture. Various other amendments were offered.
+On the 6th of May, the Senate voted by 24 to 14 to refer
+the bill and amendments to a select committee of nine.
+The House, which had been waiting for the Senate bill,
+decided on the 14th of May to take up a measure of its
+own, which it passed on the 26th. The select committee
+of the Senate framed a measure regarding the emancipation
+of escaping slaves. This and the House bill were sent
+to a conference committee, which reported the bill which
+became a law July 17, 1862.</p>
+
+<p>This was not the end of it, however. Provision had been
+made in the bill for the forfeiture, by judicial process, of
+the property, both real and personal, of rebels, regardless
+of the clause of the Constitution which declares that "no
+attainder of treason shall work corruption of blood, or
+forfeiture, except during the life of the person attainted."
+No such exception was made in the bill. The President
+considered it unconstitutional in this particular, and he
+wrote a short message giving his reasons for withholding
+his approval of the measure. A rumor of his intention
+reached Senator Fessenden, who called at the White
+House to inquire whether it was true. He had a frank
+conversation with the President, the result of which was
+that both houses passed a joint resolution providing that
+no punishment or proceedings under the Confiscation Act
+should be so construed as to work a forfeiture of the real
+estate of the offender beyond his natural life. Lincoln's
+intended veto of the Confiscation Bill is printed on page
+3406 of the <i>Congressional Globe</i>. Touching confiscation
+in general he expressed the golden opinion that "the severest
+justice may not always be the best policy." But
+he would not have vetoed the bill on grounds of expediency
+merely. The forfeiture of real estate in perpetuity was<span class="pagenum"><a id="Page_176">[176]</a></span>
+the insuperable objection in his mind. And he here seems
+to me to have been entirely right. Yet Trumbull had the
+support of Judge Harris, Seward's successor in the Senate,
+than whom nobody stood higher as a lawyer at that
+day.</p>
+
+<p>The President then signed both the bill and the joint
+resolution. The Confiscation Act remained, however,
+practically a dead letter, except as to the freeing of the
+slaves. In the latter particular it was the first great step
+toward complete emancipation, since it took effect upon
+slaves within our lines, who could be reached and made
+free <i>de facto</i>. It provided that all slaves of persons who
+should be thereafter engaged in rebellion, escaping and
+taking refuge in the lines of the Union forces, and all such
+slaves found in places captured by such forces, should be
+declared free; that no slaves escaping should be delivered
+up unless the owner should swear that he had not aided
+the rebellion; that no officer of the United States should
+assume to decide on the validity of the claim of any person
+to an escaping slave; that the President should be
+authorized to employ negroes for the suppression of the
+rebellion in any capacity he saw fit; and that he might
+colonize negroes with their own consent and the consent
+of the foreign Government receiving them.</p>
+
+<p>According to a report of the Solicitor of the Treasury
+dated Dec. 27, 1867, the total proceeds of confiscation
+actually paid into the Treasury up to that time amounted
+to the insignificant sum of $129,680.</p>
+
+<p>The enforcement of the confiscation act was placed
+under the charge of the Attorney-General. Practically,
+however, it was performed by officers of the army, so
+far as it was enforced at all. General Lew Wallace, while
+in command of the Middle Department at Baltimore, in
+1864, issued two orders declaring his intention to confiscate<span class="pagenum"><a id="Page_177">[177]</a></span>
+the property of certain persons who were either serving
+in the rebel army or giving aid to the Confederate
+cause. These orders, which were published in the newspapers,
+came to the notice of Attorney-General Bates,
+who at once wrote to Wallace to remind him that the execution
+of the confiscation act devolved upon the Attorney-General,
+and that he (Bates) had not given any orders
+which would warrant the Commander of the Middle
+Department in seizing private property, and requesting
+him to withdraw the orders. Wallace replied that his construction
+of the law differed from that of the Attorney-General
+and that he should execute it according to his
+own understanding of it. Thereupon Bates took the orders,
+and the correspondence, to the President and declared
+his intention to resign his office if his functions
+were usurped by military men in the field, or by the War
+Department. Lincoln took the papers, and directed Secretary
+Stanton to require Wallace to withdraw the two
+orders and to desist from confiscation altogether. This
+was done by Stanton, but the orders were never publicly
+withdrawn although action under them was discontinued.</p><p><span class="pagenum"><a id="Page_178">[178]</a></span></p>
+
+<div class="footnotes">
+<h3>FOOTNOTES:</h3>
+
+<div class="footnote"><p><a id="Footnote_54_54"></a><a href="#FNanchor_54_54"><span class="label">[54]</span></a> Gideon Welles quotes Montgomery Blair as saying in conversation (September
+12, 1862): "Bedeviled with the belief that he might be a candidate for
+the Presidency, Cameron was beguiled and led to mount the nigger hobby,
+alarmed the President with his notions, and at the right moment (B. says) he
+plainly and promptly told the President he ought to get rid of C. at once, that
+he was not fit to remain in the Cabinet, and was incompetent to manage the
+War Department, which he had undertaken to run by the aid of Tom A.
+Scott, a corrupt lobby jobber from Philadelphia." (<i>Diary</i>, <span class="smcap">i</span>, 127.)</p></div>
+
+<div class="footnote"><p><a id="Footnote_55_55"></a><a href="#FNanchor_55_55"><span class="label">[55]</span></a> Article on "Some Legal Aspects of the Confiscation Acts of the Civil
+War," by J. G. Randall. <i>Am. Hist. Review</i>, October, 1912.</p></div>
+</div>
+
+<hr class="chap" />
+
+<h2 id="CHAPTER_XI">CHAPTER XI</h2>
+
+<p class="h3">THE EXPULSION OF CAMERON</p>
+
+<p>Early in the year 1862, it was found that the national
+credit was sinking in consequence of frauds in the War
+Department. A Committee on Government Contracts
+was appointed by the House, and the first man to fall
+under its censure was Alexander Cummings, one of the
+two Pennsylvania politicians with whom David Davis had
+made his bargain for votes at the Chicago convention.</p>
+
+<p>The War Department was represented at New York by
+General Wool with a suitable staff, Major Eaton being
+the commissary. There was also a Union Defense Committee
+consisting of eminent citizens who had volunteered
+to serve the Government in whatever capacity
+they might be needed. Nevertheless, Secretary Cameron
+placed a fund of two million dollars in the hands of General
+Dix, Mr. Opdycke, and Mr. Blatchford, to be disbursed
+by E. D. Morgan and Alexander Cummings, or
+either of them, for the purpose of forwarding troops and
+supplies to Washington. As E. D. Morgan was Governor
+of the State and was busy at Albany, this arrangement
+would be likely to devolve most of the purchases on Cummings
+alone. Cameron wrote on April 2, to Cummings:</p>
+
+<blockquote><p>The Department needs at this moment an intelligent,
+experienced, and energetic man on whom it can rely, to assist
+in pushing forward troops, munitions, and supplies. I am
+aware that your private affairs may demand your time. I am
+sure your patriotism will induce you to aid me even at some
+loss to yourself.</p></blockquote>
+
+<p>Major Eaton, the army commissary, distinctly informed<span class="pagenum"><a id="Page_179">[179]</a></span>
+Cummings that his services were not needed in
+the purchase of supplies. Nevertheless, Cummings drew
+$160,000 out of the two-million fund and proceeded to
+disburse the same. He first appointed a certain Captain
+Comstock to charter or purchase vessels. Captain Comstock
+went to Brooklyn, accompanied by a friend, and
+inspected a steamer appropriately named the Catiline,
+which he found could be bought for $18,000. Before he
+made his report to Cummings, the friend who accompanied
+him suggested to another friend named John E.
+Develin that there was a chance to make some money "by
+good management." Comstock at the same time assured
+Colonel D. D. Tompkins, of the Quartermaster's Department,
+that the ship was worth $50,000. Comstock testified
+that he was sent for by Thurlow Weed to come to the
+Astor House at the outbreak of the troubles, and that
+Weed stated to him that he (Weed) was an agent of the
+Government to send troops and munitions of war to
+Washington by way of the Chesapeake, and that he
+wished to charter vessels for that purpose. Afterwards
+Cummings called upon Comstock and showed him the
+same authority that Weed had shown.</p>
+
+<p>The Catiline was bought by Develin for $18,000. The
+seller of the ship testified that he received, as security for
+the purchase money, four notes of $4500 each executed
+by Thurlow Weed, John E. Develin, G. C. Davidson, and
+O. B. Matteson. Matteson had been a member of a previous
+Congress from Utica, New York, but had been expelled
+from the House. The Catiline was chartered for
+the Government at the rate of $10,000 per month for
+three months, with an agreement that if she were lost in
+the service the owners should be paid $50,000. The title
+to the Catiline was, for convenience, placed in the name
+of a Mr. Stetson.</p><p><span class="pagenum"><a id="Page_180">[180]</a></span></p>
+
+<p>Cummings was examined by the Committee on Government
+Contracts. He testified that he had formerly been
+the publisher of the Philadelphia <i>Evening Bulletin</i>, and
+later publisher of the New York <i>World</i>, and that he had
+resided in the latter city about eighteen months; his
+family still residing in Philadelphia. The purchases made
+by him to be shipped on the Catiline consisted mainly of
+groceries and provisions, including twenty-five casks of
+Scotch ale, and twenty-five casks of London porter; but
+he testified that he did not see any of the articles bought,
+nor did he have any knowledge of their quality, nor did he
+see any of them put on board the ship. The purchases, he
+said, were made from the firm of E. Corning &amp; Co., of
+Albany, through a member of the firm named Davidson,
+whom Cummings met at the Astor House. Cummings
+assumed that Davidson was a member of the firm because
+Davidson told him so; he had no other evidence of the
+fact. He assumed also that Corning &amp; Co. were dealers in
+provisions, but had no absolute knowledge on that point.<a id="FNanchor_56_56"></a><a href="#Footnote_56_56" class="fnanchor">[56]</a>
+He supposed that the goods were shipped from Albany to
+be loaded on the Catiline, but did not know that such was
+the fact. All these details he left to his clerk, James
+Humphrey, who had been recommended as clerk by Thurlow
+Weed. Cummings testified that he did not know
+Humphrey before; did not know whether he had ever
+been in business in Albany or in New York; took him on
+Weed's recommendation; made no bargain with him as
+to salary; did not know where he could be found now.
+Bought a lot of hard bread from a house in Boston. Questioned
+to whom he made payment for this bread, he answered:
+"Directly to the party selling it, I suppose."
+"By you?" "By my clerk, I suppose." Did not recollect
+who first suggested the purchase of bread. Had no
+<span class="pagenum"><a id="Page_181">[181]</a></span>directions from the Government to purchase any particular
+articles. Bought a quantity of straw hats and linen
+pantaloons, thinking they would be needed by the troops
+in warm weather. Did not personally know that any of
+the goods had been loaded on the steamer or by whom
+they should have been so loaded. The cargo was certified
+by Cummings to Cameron as shipped for the Government.
+Mr. Barney, Collector of the Port, refused to give
+a clearance to the Catiline to sail. Mr. Stetson, the
+owner, produced a letter from Thurlow Weed requesting
+a clearance, but Barney still refused. Finally General
+Wool gave a "pass" on which the Catiline sailed without
+a clearance. General Wool revoked the pass on the
+following day, but the ship had already departed.<a id="FNanchor_57_57"></a><a href="#Footnote_57_57" class="fnanchor">[57]</a></p>
+
+<p>The report says: "The Committee have no occasion to
+call in question the integrity of Mr. Cummings." We
+must infer, therefore, that he was chosen by Cameron to
+disburse Government money in this emergency because
+he was an extraordinary simpleton, and likely to be guided
+by Thurlow Weed in buying army supplies from a hardware
+firm in Albany, and an unknown Boston house that
+furnished hard bread.</p>
+
+<p>Congressman Van Wyck of New York, a member of the
+Committee, said that Mr. Weed's absence from home had
+prevented an examination into the nature and extent of
+his agency in the matter of the Catiline.<a id="FNanchor_58_58"></a><a href="#Footnote_58_58" class="fnanchor">[58]</a> At the time
+when Weed's testimony was wanted he was in Europe
+acting as a volunteer diplomat "assisting to counteract
+the machinations of the agents of treason against the
+United States in that quarter," as appears by a letter of
+Secretary Seward to Minister Adams, dated November 7,
+1861.</p>
+<p><span class="pagenum"><a id="Page_182">[182]</a></span></p>
+
+<p>The Committee on Government Contracts were unable
+to determine whether the cargo of the Catiline was a
+private speculation or a <i>bona-fide</i> purchase for the Government.
+The character of the goods purchased and the
+mode of purchase pointed to the former conclusion.
+Scotch ale and London porter were not embraced in any
+list of authorized rations, nor were straw hats and linen
+pantaloons included in quartermaster's stores. Congressman
+Van Wyck conjectured that it was a private
+speculation until Collector Barney refused to grant a
+clearance, and that then it was turned over to the
+Government. Mr. Stetson, who applied for the clearance,
+first told the Collector that the ship was loaded
+with flour and provisions belonging to several of his
+friends. When he called the second time he testified that
+the cargo consisted of supplies for the troops. The ship
+was destroyed by fire before the three months' charter
+expired.</p>
+
+<p>On the 13th of January, Henry L. Dawes, of Massachusetts,
+another member of the committee, alluded to
+certain purchases of cavalry horses, saying:</p>
+
+<blockquote><p>A regiment of cavalry has just reached Louisville one thousand
+strong, and a board of army officers has condemned four
+hundred and eighty-five of the one thousand horses as utterly
+worthless. The man who examined those horses declared, upon
+his oath, that there is not one of them worth twenty dollars.
+They are blind, spavined, ring-boned, with the heaves, with
+the glanders, and with every disease that horseflesh is heir to.
+Those four hundred and eighty-five horses cost the Government,
+before they were mustered into the service, $58,200, and<span class="pagenum"><a id="Page_183">[183]</a></span>
+it cost the Government to transport them from Pennsylvania
+to Louisville, $10,000 more before they were condemned and
+cast off.</p>
+
+<p>There are, sir, eighty-three regiments of cavalry one thousand
+strong now in or roundabout the army. It costs $250,000
+to put one of those regiments upon its feet before it marches a
+step. Twenty millions of dollars have thus far been expended
+upon these cavalry regiments before they left the encampments
+in which they were gathered and mustered into the service.
+They have come here and then some of them have been sent
+back to Elmira; they have been sent back to Annapolis; they
+have been sent here and they have been sent there to spend the
+winter; and many of the horses that were sent back have been
+tied to posts and to trees within the District of Columbia and
+there left to starve to death. A guide can take you around the
+District of Columbia to-day to hundreds of carcasses of horses
+chained to trees where they have pined away, living on bark
+and limbs till they starve and die; and the Committee for the
+District of Columbia have been compelled to call for legislation
+here to prevent the city wherein we are assembled from becoming
+an equine Golgotha.<a id="FNanchor_59_59"></a><a href="#Footnote_59_59" class="fnanchor">[59]</a></p></blockquote>
+
+<p>Horse contracts of this sort had been so plentiful that
+Government officials had gone about the streets of Washington
+with their pockets full of them. Some of these
+contracts had been used to pay Cameron's political debts
+and to cure old political feuds, and banquets had been
+given with the proceeds, "where the hatchet of political
+animosity," said Dawes, "was buried in the grave of
+public confidence and the national credit was crucified
+between malefactors."</p>
+
+<p>Dawes said also that there was "indubitable evidence
+that somebody has plundered the public treasury well-nigh
+in a single year as much as the entire current yearly
+expenses of the Government which the people hurled
+from power because of its corruption"&mdash;meaning
+Buchanan's Administration.<a id="FNanchor_60_60"></a><a href="#Footnote_60_60" class="fnanchor">[60]</a></p>
+<p><span class="pagenum"><a id="Page_184">[184]</a></span></p>
+<p>In the Senate on the 14th, Trumbull, quoting from
+the testimony of the House Committee, said that Hall's
+carbines, originally owned by the Government, but condemned
+and sold as useless at about $2 each, were purchased
+back for the Government, in April or May, at $15
+each. In June, the Government sold them again at $3.50
+each. Afterwards in August, they were purchased by an
+agent of the Government at $12.50 each and turned over
+to the Government at $22 each, and the Committee of
+the House was then trying to prevent this last payment
+from being made, and eventually succeeded in doing so.
+The beneficiary in this case was one Simon Stevens, not a
+relative of Thaddeus Stevens, but a prot&eacute;g&eacute; of his, and an
+occupant of his law office. He operated through General
+Fr&eacute;mont, not through Cameron.</p>
+
+<p>"Sir," said Dawes, "amid all these things is it strange
+that the public treasury trembles and staggers like a
+strong man with a great burden upon him? Sir, the man
+beneath an exhausted receiver gasping for breath is not
+more helpless to-day than is the treasury of this Government
+beneath the exhausting process to which it is subjected."</p>
+
+<p>Somewhat later Congressman Van Wyck showed,
+among other things, that Thurlow Weed, by the favor of
+Cameron, had established himself between the Government
+and the powder manufacturers in such a way as to
+pocket a commission of five per cent on purchases of
+ammunition.<a id="FNanchor_61_61"></a><a href="#Footnote_61_61" class="fnanchor">[61]</a></p>
+
+<p>The committee visited severe censure on Thomas A.
+Scott, for acting as Assistant Secretary of War, while
+holding the office of vice-president of the Pennsylvania
+Central Railroad. Scott said that he ceased to draw
+salary from the railroad when he became Assistant
+<span class="pagenum"><a id="Page_185">[185]</a></span>Secretary, but that he had retained his railroad connection
+because he considered it of more value to himself
+than the other position. The committee considered it
+highly improper for him to hold the power to award large
+Government contracts for transportation and to fix
+prices therefor while he had personal railroad interests,
+and while Secretary Cameron, to whom he owed his
+appointment, was interested in the Northern Central
+Railroad. The latter was commonly called "Cameron's
+road." An order had been issued by Scott, without consultation
+with the Quartermaster-General of the army,
+fixing the rates to be paid for the transportation of troops,
+baggage, and supplies. The Quartermaster-General testified
+that Scott's order as to prices was addressed to one
+of his own subordinates and that he first saw it in the
+hands of that subordinate. He construed it, however, as
+an order from his superior officer and therefore as governing
+himself. Officers of other railroads testified that the
+rates fixed by Scott were much too high considering the
+magnitude and kind of work to be done. Thus, the rate
+for transporting troops was fixed at two cents per mile
+per man, whether carried in passenger cars or in box cars,
+and whether taken as single passengers or by regiments.</p>
+
+<p>Nicolay and Hay tell us that Cameron's departure
+from the Cabinet was in consequence of his disagreement
+with the President as to that part of his report relating
+to the arming of slaves; that although nothing more was
+said by either himself or Lincoln on that subject, "each
+of them realized that the circumstance had created a situation
+of difficulty and embarrassment which could not
+be indefinitely prolonged." Cameron, they say, began to
+signify his weariness of the onerous labors of the War
+Department, and hinted to the President that he would
+prefer the less responsible duties of a foreign mission. To<span class="pagenum"><a id="Page_186">[186]</a></span>
+outsiders this affair seemed to have completely blown over
+when, on January 11, 1862, Lincoln wrote the following
+short note:</p>
+
+<blockquote><p><span class="smcap">My dear Sir:</span> As you have more than once expressed a desire
+for a change of position, I can now gratify you consistently
+with my view of the public interest. I, therefore, propose nominating
+you to the Senate next Monday as Minister to Russia.</p>
+
+<p>
+Very sincerely your friend,<br />
+<span class="smcap">A. Lincoln.</span><br />
+</p>
+</blockquote>
+
+<p>The real facts were given to the world by A. K. McClure
+somewhat later in his book on "Lincoln and Men of War-Time."
+He says that Cameron's dismissal was due to the
+severe strain put upon the national credit, which led to the
+severest criticisms of all manner of public profligacy, culminating
+in a formal appeal to the President from leading
+financial men of the country for an immediate change of
+the Secretary of War; that Lincoln's letter of dismissal
+was sent to Cameron by the hand of Secretary Chase,
+and that it was extremely curt, being almost, if not quite,
+literally as follows: "I have this day nominated Hon.
+Edwin M. Stanton to be Secretary of War and you to
+be Minister Plenipotentiary to Russia"; that Cameron
+in great agitation brought this missive to the room of
+Thomas A. Scott, Assistant Secretary of War, where Mr.
+McClure happened to be dining and showed it to them;
+that he wept bitterly, and said that it meant his personal
+degradation and political ruin. Scott and McClure volunteered
+to see Lincoln and ask him to withdraw the
+offensive letter and to permit Cameron to antedate a
+letter of resignation, to which Lincoln consented. "The
+letter conveyed by Chase was recalled; a new correspondence
+was prepared, and a month later given to the
+public."<a id="FNanchor_62_62"></a><a href="#Footnote_62_62" class="fnanchor">[62]</a></p>
+<p><span class="pagenum"><a id="Page_187">[187]</a></span></p>
+<p>McClure palliates Cameron's conduct by saying that
+"contracts had to be made with such haste as to forbid
+the exercise of sound discretion in obtaining what the
+country needed; and Cameron, with his peculiar political
+surroundings and a horde of partisans clamoring for spoils,
+was compelled either to reject the confident expectation
+of his friends or to submit to imminent peril from the
+grossest abuse of his delegated authority." This is another
+way of saying that he was compelled either to pay
+his political debts out of his own pocket, or give his henchmen
+access to the public treasury, and that he chose the
+latter alternative.</p>
+
+<p>The House of Representatives passed a resolution of
+censure upon Cameron for investing Alexander Cummings
+with the control of large sums of the public money
+and authorizing him to purchase military supplies without
+restriction when the services of competent public
+officers were available. A few days later the President
+sent to the House a special message, assuming for himself
+and the entire Cabinet the responsibility for adopting
+that irregular mode of procuring supplies in the then
+existing emergency, a message which, when read in the
+light of Cummings's testimony, adds nothing to Lincoln's
+fame.</p>
+
+<p>There was a struggle in executive session of the Senate,
+lasting four days, over the confirmation of Cameron as
+Minister to Russia. Trumbull took the lead in opposition.
+He considered it an immoral act, like giving to an unfaithful
+servant a "character" and exposing society to new
+malfeasance at his hands. He believed and said that the
+new office conferred upon him would serve simply as
+whitewash to enable him to recover his seat in the Senate,
+and that that was the reason why he wanted the mission
+to Russia.</p><p><span class="pagenum"><a id="Page_188">[188]</a></span></p>
+
+<p>Sumner, the Chairman of the Committee on Foreign
+Relations, had been much impressed by Cameron's anti-slavery
+zeal. As soon as the nomination came in, he
+moved that it be confirmed unanimously and without
+reference to any committee, which was the usual custom
+in cases where ex-Senators of good repute were nominated
+to office. Objection being made, the nomination went
+over. This was the day on which Dawes made his speech
+in the House. Sumner saw the speech, called Cameron's
+attention to it, and asked what answer should be made to
+such accusations. Cameron replied that he had never
+made a contract for any kind of army supplies since he
+had been Secretary of War, but had left all such business
+to the heads of bureaus charged with such duties, and
+had never interfered with them. On the 15th he put this
+statement in writing and addressed it to Vice-President
+Hamlin:&mdash;</p>
+
+<blockquote><p>I take this occasion to state that I have myself not made a
+single contract for any purpose whatever, having always interpreted
+the laws of Congress as contemplating that the heads of
+bureaus, who are experienced and able officers of the regular
+army, shall make all contracts for supplies for the branches of
+the service under their care respectively.</p>
+
+<p>So far I have not found any occasion to interfere with them
+in the discharge of this portion of their responsible duties.</p>
+
+<p>I have the honor to be, respectfully, your obedient servant,</p>
+
+<p>
+<span class="smcap">Simon Cameron.</span><br />
+<br />
+<span class="smcap">Hon. H. Hamlin</span>,<br />
+President of the Senate of the United States.<br />
+</p>
+</blockquote>
+
+<p>In reply Dawes produced documents to show that there
+were then outstanding contracts, made by Cameron himself,
+for 1,836,900 muskets and rifles, and for only 64,000
+by the Chief of Ordnance, the officer charged with that
+duty, and that on the very day when the letter to Hamlin
+was written, Cameron made a contract, against the advice<span class="pagenum"><a id="Page_189">[189]</a></span>
+of the Chief of Ordnance, for an unlimited number of
+swords and sabres&mdash;all that a certain Philadelphia firm
+could produce in a given time. This was done after he
+had resigned and before his successor, Stanton, had been
+sworn in.<a id="FNanchor_63_63"></a><a href="#Footnote_63_63" class="fnanchor">[63]</a></p>
+
+<p>Cameron was confirmed as Minister to Russia on the
+17th, by a vote of 28 to 14. The Republican Senators
+who voted against confirmation were Foster, Grimes,
+Hale, Harlan, Trumbull, and Wilkinson. Trumbull
+handed me this list of names for publication, saying that
+all of them desired to have it published.</p>
+
+<p>Cameron remained abroad until time and more exciting
+events had cast a kindly shadow on his record. He then
+came home and a few years later was re&euml;lected to the
+Senate. When the attack was made on his dear friend
+Sumner, which ended in displacing him from the chairmanship
+of the Committee on Foreign Relations, which
+he had held ten years, Cameron retreated to a Committee
+room, as to a cyclone cellar, where he remained until the
+deed was done, leaving Trumbull, Schurz, and Wilson to
+fight the battle for his dear friend. Then he returned and
+sat down in the chair thus made vacant. He subsequently
+explained that he did so because his name was
+the next one to Sumner's on the committee list.<a id="FNanchor_64_64"></a><a href="#Footnote_64_64" class="fnanchor">[64]</a></p>
+<p><span class="pagenum"><a id="Page_190">[190]</a></span></p>
+
+<div class="footnotes">
+<h3>FOOTNOTES:</h3>
+
+<div class="footnote"><p><a id="Footnote_56_56"></a><a href="#FNanchor_56_56"><span class="label">[56]</span></a> E. Corning &amp; Co., of Albany, were dealers in stoves and hardware.</p></div>
+
+<div class="footnote"><p><a id="Footnote_57_57"></a><a href="#FNanchor_57_57"><span class="label">[57]</span></a> House Report no. 2, 37th Congress, 2d Session, p. 390.
+Cummings reappears in Welles's <i>Diary</i>, near the close of Andrew Johnson's
+Administration, as a favored candidate for the office of Commissioner of
+Internal Revenue. The report of the Committee on Government Contracts
+had been forgotten or only vaguely remembered. Welles had a dim recollection
+that Cummings had a spotted record, and he warned Johnson against him.
+Seward indorsed him, however; said he was "a capital man for the place&mdash;no
+better could be found." (<i>Diary of Gideon Wells</i>, <span class="smcap">iii</span>, 414.)</p></div>
+
+<div class="footnote"><p><a id="Footnote_58_58"></a><a href="#FNanchor_58_58"><span class="label">[58]</span></a> <i>Cong. Globe</i>, February, 1862, p. 710.</p></div>
+
+<div class="footnote"><p><a id="Footnote_59_59"></a><a href="#FNanchor_59_59"><span class="label">[59]</span></a> <i>Cong. Globe</i>, January. 1862, p. 208.</p></div>
+
+<div class="footnote"><p><a id="Footnote_60_60"></a><a href="#FNanchor_60_60"><span class="label">[60]</span></a> <i>Cong. Globe</i>, April, 1862, p. 1841.</p></div>
+
+<div class="footnote"><p><a id="Footnote_61_61"></a><a href="#FNanchor_61_61"><span class="label">[61]</span></a> <i>Cong. Globe</i>, February, 1862, p. 712.</p></div>
+
+<div class="footnote"><p><a id="Footnote_62_62"></a><a href="#FNanchor_62_62"><span class="label">[62]</span></a> <i>Lincoln and Men of War Time</i>, p. 165.</p></div>
+
+<div class="footnote"><p><a id="Footnote_63_63"></a><a href="#FNanchor_63_63"><span class="label">[63]</span></a> Dawes, <i>Cong. Globe</i>, April, 1862, p. 1841.</p></div>
+
+<div class="footnote"><p><a id="Footnote_64_64"></a><a href="#FNanchor_64_64"><span class="label">[64]</span></a> <i>Congressional Record</i>, 43d Cong., 1st Sess., p. 3434.</p></div>
+</div>
+
+<hr class="chap" />
+
+<h2 id="CHAPTER_XII">CHAPTER XII</h2>
+
+<p class="h3">ARBITRARY ARRESTS</p>
+
+<p>The jaunty manner in which Secretary Seward administered
+the laws respecting the liberty of the citizen in the
+earlier years of the war is treated by John Hay with a
+humorous touch under date October 22, 1861:</p>
+
+<blockquote><p>To-day Deputy Marshal came and asked what he should do
+with process to be served on Porter in contempt business. I
+took him over to Seward and Seward said: "The President
+instructs you that the <i>habeas corpus</i> is suspended in this city at
+present, and forbids you to serve any process upon any officer
+here." Turning to me: "That is what the President says, is it
+not, Mr. Hay?" "Precisely his words," I replied; and the
+thing was done.<a id="FNanchor_65_65"></a><a href="#Footnote_65_65" class="fnanchor">[65]</a></p></blockquote>
+
+<p>Prior to the assembling of Congress in July, 1861, the
+President had given to General Winfield Scott authority
+in writing to suspend the privilege of the writ of <i>habeas
+corpus</i> at any point on the line of the movement of troops
+between Philadelphia and Washington City. Without
+other authority Seward began to issue orders for the arrest
+and imprisonment of persons suspected of disloyal
+acts or designs, not only on the line between Philadelphia
+and Washington City, but in all parts of the
+country.</p>
+
+<p>When the special session of Congress began, Senator
+Wilson, Chairman of the Committee on Military Affairs,
+introduced a joint resolution to declare these and other
+acts of the President "legal and valid to the same intent
+and with the same effect as if they had been issued and
+<span class="pagenum"><a id="Page_191">[191]</a></span>done under the previous express authority and direction
+of the Congress of the United States." The clause of the
+Constitution which says that the privilege of the writ of
+<i>habeas corpus</i> shall not be suspended unless when, in cases
+of rebellion or invasion, the public safety may require it,
+does not say in what mode, or by what authority, it may
+be suspended.</p>
+
+<p>Straightway there were differences of opinion as to the
+lodgment of the power to suspend, whether it was in the
+executive or in the legislative branch of the Government.
+Other differences cropped up as to the phraseology of the
+Wilson Resolution and its legal intendment. It might be
+construed as an affirmance by Congress that the President's
+act suspending the writ was lawful at the time when
+he did it, or, on the other hand, that it became lawful only
+after Congress had so voted, and hence was unlawful
+before. These diversities of opinion were very tenaciously
+held by different members of the Senate and House, of
+equal standing in the legal profession. The result was
+that Wilson's joint resolution was debated at great length,
+but did not pass. Instead of it an amendment was added
+to one of the military bills declaring that all acts, proclamations,
+and orders of the President after the 4th of
+March, 1861, respecting the army and navy, should stand
+approved and legalized as if they had had the previous
+express authority of Congress; and the bill was passed as
+amended. This was understood to be a mere makeshift
+for the time being.</p>
+
+<p>The general question was again brought to the attention
+of Congress by Trumbull, December 12, 1861, when
+he introduced in the Senate the following resolution:</p>
+
+<blockquote><p>Resolved, that the Secretary of State be directed to inform
+the Senate whether, in the loyal states of the Union, any person
+or persons have been arrested by orders from him or his<span class="pagenum"><a id="Page_192">[192]</a></span>
+department; and if so, under what law said arrests have been
+made and said persons imprisoned.</p></blockquote>
+
+<p>When this resolution came up for consideration (December
+16), Senator Dixon, of Connecticut, objected strongly
+to it. He thought that it was unnecessary and unwise,
+and that it could result in nothing advantageous to the
+cause of the Union. Some of the persons referred to, he
+said, had been arrested in his own state. They had manifested
+their treasonable purposes by attempting to institute
+a series of peace meetings, so-called, by which they
+hoped to debauch the public mind under false pretense of
+restoring peaceful relations between the North and the
+South. The Secretary of State had put a sudden stop
+to their treasonable designs by arresting and imprisoning
+one or more of them. He contended that the Secretary had
+done precisely the right thing, at precisely the right time,
+and had nipped treason in Connecticut in the bud. The
+only criticism which loyal citizens had to make of his
+doings was that he had not arrested a greater number. If
+there had been any error on the part of the Executive, it
+had been on the side of lenity and indulgence. He, Dixon,
+would not vote for an inquiry into the legality of such
+arrests because they found their justification in the dire
+necessity of the time.</p>
+
+<p>Trumbull asked how the Senator knew that the persons
+arrested were traitors. Who was to decide that question?
+If people were to be arrested and imprisoned indefinitely,
+without any charges filed against them, without examination,
+without an opportunity to reply, at the click of the
+telegraph, in localities where the courts were open, far
+from the theatre of war, such acts were the very essence
+of despotism. The only purpose of making the inquiry
+was to regulate these proceedings by law. If additional
+legislation was necessary to put down treason or punish<span class="pagenum"><a id="Page_193">[193]</a></span>
+rebel sympathizers in Connecticut, or in any other loyal
+state, he (Trumbull) was ready to give it, but he was not
+willing to sanction lawlessness on the part of public officials
+on the plea of necessity. He denied the necessity. The
+principle contended for by the Senator from Connecticut
+would justify mobs, riots, anarchy. He understood that
+some of the parties arrested had been discharged without
+trial and he asked if Mr. Dixon justified that. Then the
+following ensued:</p>
+
+<blockquote><p><span class="smcap">Mr. Dixon.</span> I do.</p>
+
+<p><span class="smcap">Mr. Trumbull.</span> Then the Senator justifies putting innocent
+men in prison. Else why were they discharged? I take it that
+was the reason for their discharge. I have heard of such cases.</p>
+
+<p><span class="smcap">Mr. Dixon.</span> They ought to be discharged, then.</p>
+
+<p><span class="smcap">Mr. Trumbull.</span> They ought to be discharged, and they
+ought to be arrested, too. An innocent man ought to be
+arrested, put into prison, and by and by discharged. Sir, that
+is not my idea of individual or constitutional liberty. I am
+engaged, and the people whom I represent are engaged, in the
+maintenance of the Constitution and the rights of the citizens
+under it. We are fighting for the Government as our fathers
+made it. The Constitution is broad enough to put down this
+rebellion without any violations of it. I do not apprehend that
+the present Executive of the United States will assume despotic
+powers. He is the last man to do it. I know that his whole
+heart is engaged in endeavoring to crush this rebellion, and I
+know that he would be the last man to overturn the Constitution
+in doing it. But, sir, we may not always have the same
+person at the head of our affairs. We may have a man of very
+different character, and what we are doing to-day will become
+a precedent upon which he will act. Suppose that when the
+trouble existed in Kansas, a few years ago, the then President
+of the United States had thought proper to arrest the Senator
+or myself, and send him or me to prison without examination,
+without opportunity to answer, because in his opinion we were
+dangerous to the peace of the country, and the necessity justified
+it. What would the Senator have thought of such
+action?</p></blockquote><p><span class="pagenum"><a id="Page_194">[194]</a></span></p>
+
+<p>The debate lasted the whole day. Senators Hale,
+Fessenden, Kennedy, and Pearce, of Maryland, supported
+the resolution. Senators Wilson, of Massachusetts, and
+Browning, of Illinois, opposed it.</p>
+
+<p>Read in the light of the present day the arguments of
+the opposition are extremely flimsy. They said in effect:
+"We know that our rulers mean well; if we ask them any
+questions, we shall cast a doubt upon their acts and then
+the wicked will be encouraged in their wrongdoing, and
+treason will multiply in the land." It was Trumbull's
+opinion that arbitrary arrests were causing division and
+dissension among the loyal people of the North, and were
+thus doing more harm than good, even from the standpoint
+of their apologists. Democratic conventions censured
+them. That of Indiana, for example, resolved:</p>
+
+<blockquote><p>That the total disregard of the writ of <i>habeas corpus</i> by the
+authorities over us and the seizure and imprisonment of the
+citizens of the loyal states where the judiciary is in full operation,
+without warrant of law and without assigning any cause,
+or giving the party arrested any opportunity of defense, are
+flagrant violations of the Constitution, and most alarming acts
+of usurpation of power, which should receive the stern rebuke of
+every lover of his country, and of every man who prizes the
+security and blessings of life, liberty, and property.</p></blockquote>
+
+<p>At the close of the debate, Senator Doolittle moved to
+refer the resolutions to the Committee on the Judiciary,
+in order to have a report on the question whether the
+right to suspend the writ of <i>habeas corpus</i> appertains to
+the President or to Congress. This motion was opposed
+by Trumbull, but it prevailed by a vote of 25 to 17, and
+the subject was shelved for six months.</p>
+
+<p>The question upon which Senator Doolittle wanted
+information had already been decided, so far as one eminent
+jurist could decide it, in the case of John Merryman,<span class="pagenum"><a id="Page_195">[195]</a></span>
+a citizen of Maryland, who was arrested at his home in
+the middle of the night on the 25th of May, 1861. He
+applied to Chief Justice Taney for a writ directing General
+Cadwalader, the commandant of Fort McHenry, to
+produce him in court, on the ground that he had been
+arrested contrary to the Constitution and laws of the
+United States. He stated that he had been taken from
+his bed at midnight by an armed force pretending to act
+under military orders from some person to him unknown.</p>
+
+<p>The Chief Justice issued his writ and General Cadwalader
+sent his regrets by Colonel Lee, saying that the prisoner
+was charged with various acts of treason and that the
+arrest was made by order of General Keim, who was not
+within the limits of his command. He said further that
+he was authorized by the President of the United States
+to suspend the writ of <i>habeas corpus</i> for the public safety.
+He requested that further action be postponed until he
+could receive additional instructions from the President.</p>
+
+<p>Judge Taney thereupon issued an attachment against
+General Cadwalader for disobedience to the high writ of
+the court. The next day United States Marshal Bonifant
+certified that he sent in his name from the outer gate of
+the fort, which he was not permitted to enter, and that the
+messenger returned with the reply that there was no
+answer to his card, and that he was thereupon unable to
+serve the writ. The Chief Justice then read from manuscript
+as follows:</p>
+
+<blockquote><p>1. The President, under the Constitution and laws of the
+United States, cannot suspend the privilege of the writ of
+<i>habeas corpus</i>, nor authorize any military officer to do so.</p>
+
+<p>2. A military officer has no right to arrest and detain a person
+not subject to the rules and articles of war, for an offense
+against the laws of the United States, except in aid of the judicial
+authority and subject to its control, and if the party is<span class="pagenum"><a id="Page_196">[196]</a></span>
+arrested by the military, it is the duty of the officer to deliver
+him over immediately to the civil authority to be dealt with
+according to law.</p></blockquote>
+
+<p>The Chief Justice then remarked orally that if the
+party named in the attachment were before the court he
+should fine and imprison him, but that it was useless to
+attempt to enforce his legal authority, and he should,
+therefore, call upon the President of the United States to
+perform his constitutional duty and enforce the process of
+the court.</p>
+
+<p>July 8, 1862, the House, after a brief debate, passed
+a bill reported by its Judiciary Committee directing the
+Secretaries of State and of War to report to the judges of
+the courts of the United States the names of all persons
+held as political prisoners, residing in the jurisdiction of
+said judges, and providing for their prompt release unless
+the grand jury should find indictments against them during
+the first term of court thereafter. The bill also authorized
+the President, during any recess of Congress, to suspend
+the privilege of the writ of <i>habeas corpus</i> throughout
+the United States, or any part thereof, in cases of rebellion,
+or invasion, where the public safety might require it,
+until the meeting of Congress. Mr. Bingham, of Ohio,
+who reported the bill, explained that the committee did
+not attempt to decide whether the right to suspend the
+writ of <i>habeas corpus</i> was vested in the executive or in the
+legislative branch of the Government. That was a matter
+of dispute, and the bill was intended to settle doubts,
+not theoretically but practically. If the right belonged
+to the Executive under the Constitution the passage of
+the bill would do no harm; if it belonged to Congress the
+bill would enable the President to exercise it legally. A
+motion to lay the bill on the table was negatived by a vote
+of 29 to 89, after which it was passed without a division.</p><p><span class="pagenum"><a id="Page_197">[197]</a></span></p>
+
+<p>July 15, Trumbull reported this bill from the Judiciary
+Committee of the Senate with a recommendation that
+it pass. It was opposed vigorously by Wilson, of Massachusetts,
+who called it a general jail delivery for the benefit
+of traitors. He moved to strike out all of it except the
+section which authorized the President to suspend the
+privilege of the writ of <i>habeas corpus</i>. This motion was
+rejected by a majority of one, but the session came to an
+end on the following day without a final vote on the passage
+of the bill.</p>
+
+<p>In the meantime President Lincoln had seen fit to
+transfer the license of making arbitrary arrests from the
+Secretary of State to the Secretary of War. The change
+was no betterment, however, for, where Seward had previously
+chastised the suspected ones with whips, Stanton
+now chastised them with scorpions. Arbitrary arrests
+became more numerous and arbitrary than before. A
+special bureau was created for them under charge of an
+officer styled the Provost Marshal of the War Department.</p>
+
+<p>In the ensuing political campaign the Democrats made
+the greatest possible use of the issue thus presented, and
+they showed large gains in the congressional elections in
+the autumn of 1862. They carried New York, New Jersey,
+Pennsylvania, Ohio, Indiana, Illinois, and Wisconsin.
+Horatio Seymour was elected governor of the Empire
+State, and William A. Richardson (Democrat) was chosen
+by the legislature of Illinois as Senator in place of
+Browning, who was filling the vacancy caused by the death
+of Senator Douglas. It is impossible to say how much
+influence the arbitrary arrests had in producing these
+results, but it is certain that the Republican leaders were
+alarmed. Stanton fell into a panic. The general jail delivery
+apprehended by Wilson took place by a stroke of<span class="pagenum"><a id="Page_198">[198]</a></span>
+Stanton's pen on the 22d of November, without waiting
+for the final vote on Trumbull's bill, and Wilson himself
+voted for the bill.</p>
+
+<p>In the House, Thaddeus Stevens introduced a bill to
+indemnify the President and all persons acting under his
+authority for arrests and imprisonments previously made.
+This was passed under the previous question, December 8,
+unfairly and without debate.</p>
+
+<p>When Congress reassembled in December, Trumbull
+called up the House bill and offered a substitute for it. He
+held that under the Constitution Congress must authorize
+and regulate the suspension of the writ of <i>habeas corpus</i>.
+He would not, however, limit the exercise of the executive
+power to the time of meeting of the next Congress, as the
+House bill provided. His substitute proposed that the
+suspension of the writ should be left to the discretion of
+the President as to time and place during the continuance
+of the rebellion, but that political prisoners should not
+be held indefinitely without knowing the charges against
+them. The second section provided that lists of all prisoners
+of this class in the loyal states should be furnished,
+within twenty days, to the courts of the respective districts
+and laid before the grand juries with a statement of
+the charges against them, and if no indictments should be
+found against them during that term of court they should
+be discharged upon taking an oath of allegiance to the
+United States, and (if required by the judge) giving a
+bond for good behavior. Future arrests for political
+offenses were to be regulated in like manner. Collamer
+moved to strike out the second section, but failed by
+two votes.</p>
+
+<p>Republican resistance to this measure now ceased and
+the r&ocirc;le of opposition was taken up by the Democrats.
+Powell, of Kentucky, contended that the power to suspend<span class="pagenum"><a id="Page_199">[199]</a></span>
+the writ of <i>habeas corpus</i> was lodged in Congress
+exclusively and could not be delegated to the President.
+He raised the objection also that there was no definition
+of the phrase "political offenses." Trumbull agreed to
+strike out that phrase altogether, in which case the
+President would have the power to suspend the writ for
+all offenses, and could determine for himself which ones
+were political and which were non-political. As to the
+right of Congress to delegate its own powers to the President
+in analogous cases, he cited the power to borrow
+money, the power to grant letters of marque and reprisal,
+and the power to call forth the militia, all of which were
+lodged in Congress, but which Congress never exercised
+directly, but only by delegating its powers to the Executive.</p>
+
+<p>Senator Carlile, of Virginia, held that the writ of
+<i>habeas corpus</i> ought never to be suspended in places where
+the courts were open. Trumbull replied that if it were not
+suspended in those places it could never be suspended at
+all, for if there were no courts open, the writ itself could
+not be issued. Yet the Constitution clearly contemplated
+the necessity of suspending it in certain conditions where
+it actually existed.</p>
+
+<p>February 23, 1863, Trumbull's substitute was agreed to
+by yeas 25, nays 12, and the bill was passed by 24 to 13.
+All of the negative votes, except two, were cast by Democrats.</p>
+
+<p>February 27, the Senate took up the Stevens House bill
+to indemnify the President and adopted a substitute proposed
+by Trumbull. The substitute was not adopted by
+the House, but a conference was asked for and agreed to
+by the Senate. The conferees decided to consolidate into
+one act the Indemnity Bill and the <i>Habeas Corpus</i> Bill,
+which was still pending between the two houses. The<span class="pagenum"><a id="Page_200">[200]</a></span>
+report of the Conference Committee was presented to the
+Senate by Trumbull on March 2, one day before the end
+of the Thirty-seventh Congress.</p>
+
+<p>Except the financial bills, this was the most important
+measure of the session, and the one about which the most
+heat had been engendered. On the 24th of September,
+1862, the President had proclaimed martial law throughout
+the nation as to persons discouraging enlistments
+or resisting the Conscription Act and had suspended the
+writ of <i>habeas corpus</i> as to such persons. On the 1st of
+January following, he had issued the Emancipation Proclamation,
+of which he had given preliminary notice one
+hundred days before. These measures were extremely
+distasteful to the Democrats and especially so to those of
+the border slave states. The pending measure was intended
+to condone all former arbitrary arrests and to
+sanction an indefinite number in the future, although
+providing for speedy trials.</p>
+
+<p>When the report was presented, Powell, of Kentucky,
+moved to postpone it till the following day. Trumbull
+would not agree to any postponement unless there was
+an understanding on both sides that a vote should be
+taken within a limited time. It was finally agreed between
+himself and Bayard, of Delaware, that it should be
+postponed until seven o'clock in the evening, with the
+understanding that there should be no filibustering on the
+measure. The postponement was to be for debate and
+discussion only. "So far as I know, or can learn, or believe,"
+said Bayard, "it is delay for no other purpose."
+Powell was present when this colloquy took place and he
+neither affirmed nor denied. Trumbull took it to be an
+agreement between the two political parties.</p>
+
+<p>The debate began with a speech from Senator Wall
+(Democrat), of New Jersey, who held the floor till midnight,<span class="pagenum"><a id="Page_201">[201]</a></span>
+when Saulsbury, of Delaware, moved that the
+Senate adjourn. The motion was negatived by 5 to 31.
+Powell moved that the bill be laid upon the table. This
+was negatived without a division. Then Powell began a
+speech against the bill. At 12.40 <span class="smcap">a.m.</span>, Richardson moved
+that the Senate adjourn; negatived by 5 to 30. Powell
+continued his speech and became involved in a running
+debate with Cowan, of Pennsylvania, who took the floor
+after Powell had finished and made a speech, apparently
+unpremeditated, but nevertheless a great speech, going
+to the foundation of things and showing that the
+Administration must be sustained in this crisis, since
+otherwise the fabric of self-government in the United
+States would perish. He did not say that he approved of,
+or condoned, arbitrary arrests in the loyal states. All his
+implications were to the contrary, but he insisted that
+those who would save the country and ward off chaos and
+anarchy could not pause now to contend with each other
+on the issue whether the President had the right to suspend
+the writ of <i>habeas corpus</i> or whether Congress had it.
+He said that he observed signs, on the Democratic side,
+of filibustering against the bill, and he thought that such
+tactics were unjustifiable and highly dangerous. His
+argument carried the greater force because of his habitual
+conservatism. While it did not, perhaps, change any
+votes, it probably dampened the resistance of the Northern
+Democrats to the bill.</p>
+
+<p>When Cowan had concluded, Powell took the floor to
+reply. At 1.53 <span class="smcap">a.m.</span>, Bayard interrupted him with a motion
+to adjourn, which was negatived by 4 to 35. Powell
+resumed his speech and made a much longer one than his
+first, at the end of which he moved an adjournment,
+negatived by 4 to 32. Then Bayard made a long speech
+against the bill. He finished at 5 o'clock and Powell made<span class="pagenum"><a id="Page_202">[202]</a></span>
+another motion to adjourn, which was negatived, 4 to 18,
+no quorum voting.</p>
+
+<p>Some confusion followed the disclosure of the absence
+of a quorum. Several motions were made and withdrawn,
+and finally Fessenden called for the yeas and nays on
+Powell's motion to adjourn. In the mean time a quorum
+had been drummed up and the roll-call showed 4 yeas to
+33 nays. There was considerable noise and confusion on
+the floor when the result was announced and the presiding
+officer (Pomeroy, of Kansas) said quickly:</p>
+
+<blockquote><p>The question is on concurring in the report of the Committee
+of Conference. Those in favor of concurring in the report will
+say "aye"; those opposed, "no." The ayes have it. It is a vote.
+The report is concurred in.</p></blockquote>
+
+<p>Trumbull instantly moved to take up a bill from the
+House relating to public grounds in Washington City, and
+his motion was agreed to. Then Powell wanted to go on
+with the Indemnity Bill and was informed by Grimes
+that it had already passed. He denied that it had passed
+and called for the yeas and nays. Trumbull claimed the
+floor and his claim was sustained by the chair. Powell
+called it a piece of "jockeying." After some further
+recrimination the Senate adjourned.</p>
+
+<p>On reassembling, the question whether the bill had
+passed or not was again taken up. The Senate Journal
+showed that it had passed, and the question arose on a
+motion to correct the Journal. In the debate which ensued
+it was proved that the presiding officer did actually
+put the motion in the words quoted above; that, of the
+four Democrats who voted on the last roll-call, none
+heard it; that the Democrats were in fact filibustering
+against the bill, or at all events that Powell was doing so,
+for he avowed that he had intended to defeat it by any
+means in his power. On the other hand, there is no doubt<span class="pagenum"><a id="Page_203">[203]</a></span>
+that the passage of the bill was accomplished by the sharp
+practice of Pomeroy; but it was <i>damnum absque injuria</i>,
+snap judgment being no worse than filibustering. Moreover,
+there is evidence that of the thirteen Democratic
+Senators, only four or five were really determined to kill
+the bill at all hazards. All except that number absented
+themselves from the night session, while all or nearly all
+the Republicans remained in their places.</p>
+
+<p>The Conference Report was concurred in on the 2d of
+March and the bill was approved by the President on the
+following day. We may infer, therefore, that the power to
+suspend the writ of <i>habeas corpus</i> resides in the legislative
+branch of the Government, of which the President is a
+part, and that Congress may delegate its powers to the
+President and prescribe conditions and limitations to its
+exercise.</p>
+
+<p>No legislation more wholesome was enacted during the
+war period. No act of the period was more precise and
+lucid and less equivocal in its terms. Yet within two
+months it was grossly violated by the banishment of
+Clement L. Vallandigham, an ex-member of Congress
+from Ohio.</p>
+
+<p>Vallandigham was the incarnation of Copperheadism.
+I heard his speech of January 14, 1863, in the House, in
+which he discharged all the pro-slavery virus that he had
+been collecting from his boyhood days. As a public speaker
+he had no attractions, but rather, as it seemed to me, the
+tone and front of a fallen angel defying the Almighty.
+There was neither humor nor persuasion nor conciliation
+in his make-up. He was cold as ice and hard as iron. Although
+born and bred in a free state, he avowed himself a
+pro-slavery man. In the speech referred to he took two
+hours to prove the following propositions: (1) That the
+Southern Confederacy never could be conquered; (2) that<span class="pagenum"><a id="Page_204">[204]</a></span>
+the Union never could be restored by war; (3) that it could
+be restored by peace; (4) that whatever else might happen,
+African slavery would be "fifty-fold stronger" at the
+end of the war than it had been at the beginning.</p>
+
+<p>General Ambrose E. Burnside, after his defeat at
+Fredericksburg, had been sent to take command of the
+Department of the Ohio. Vallandigham was now seeking
+the nomination of his party for governor of Ohio, and his
+chances of success were not flattering until Burnside caused
+him to be arrested for alleged treasonable utterances in
+a speech delivered at the town of Mount Vernon on the
+1st day of May, 1863. He was taken out of his bed at
+Dayton in the night and carried to Cincinnati, put in
+a military prison, tried by a military commission, found
+guilty, and sentenced to close confinement in Fort Warren
+during the continuance of the war. President Lincoln
+commuted his sentence to banishment to the Southern
+Confederacy. He was accordingly sent across the army
+lines and handed over to his supposed friends, who did not,
+however, receive him with any touching marks of affection.</p>
+
+<p>Under the Act of Congress approved March 3, 1863, it
+was the duty of the Secretary of War within twenty days
+to report the arrest of Vallandigham to the judge of the
+United States District Court for southern Ohio, with a
+statement of the charges against him, in order that they
+might be laid before the grand jury, and if an indictment
+were found against him, to bring him to trial; and if no
+indictment were found during that term of court, to discharge
+him from confinement. Any officer, civil or military,
+holding a prisoner in contravention of that act was
+guilty of a misdemeanor and liable to a fine of not less than
+five hundred dollars and to imprisonment in the common
+jail not less than six months. Accordingly, all the proceedings<span class="pagenum"><a id="Page_205">[205]</a></span>
+in the case of Vallandigham subsequent to his
+arrest were unwarranted and lawless. The arrest itself
+was, perhaps, permissible under the act, because the President
+had the right to suspend the writ of <i>habeas corpus</i>.
+When Vallandigham applied for the writ, Judge Leavitt
+refused it on that ground. The refusal of the writ, however,
+did not justify the later proceedings.</p>
+
+<p>The military trial of Vallandigham and his subsequent
+banishment led to vehement protests from Northern
+Democrats, which, in the light of the present day, seem
+not unreasonable. President Lincoln replied at great
+length and on the whole successfully to one such protest
+which came from a committee of citizens of New York,
+of which Erastus Corning was chairman. He did not fare
+so well in a later controversy with a committee of the
+Ohio Democratic State Convention, who visited the
+Executive Mansion and submitted their protest in writing
+under date of June 26. In this communication they covered
+the same ground as the New York men and added
+these words:</p>
+
+<blockquote><p>And finally, the charge and the specifications on which Mr.
+Vallandigham was tried entitled him to a trial before the civil
+tribunals according to the express provisions of the late acts
+of Congress approved by yourself July 17, 1862, and March
+3, 1863.</p></blockquote>
+
+<p>Mr. Lincoln replied to everything in the protest of the
+Ohio men except this paragraph. His failure to reply on
+this point gave them the opportunity to retort that his
+answer was "a mere evasion of the grave questions involved."
+This is the only instance in Mr. Lincoln's controversial
+writings, so far as I can discover, where such a
+retort seems justified. The correspondence is published in
+Appleton's Annual Cyclop&aelig;dia, 1863.</p>
+
+<p>The New York <i>Tribune</i> deprecated, in no querulous<span class="pagenum"><a id="Page_206">[206]</a></span>
+tone, but in moderate and dignified language, the entire
+proceedings in Vallandigham's case, and deemed them
+not helpful to the cause of the Union, but the contrary.</p>
+
+<p>Vallandigham was not the kind of man to win public
+sympathy, even for his misfortunes. Moreover, his transference
+to the society that he was supposed to be most
+fond of (as an alternative to close confinement in Fort
+Warren) had a flavor of jocularity that dulled the edge of
+criticism; but his strength in his own party was vastly
+augmented by these proceedings. He was nominated for
+governor by acclamation, and would probably have been
+elected had not the victories at Gettysburg and Vicksburg,
+two months later, withdrawn attention from him,
+inspired the Unionists with new enthusiasm, and correspondingly
+depressed their opponents.</p>
+
+<p>Burnside, finding himself sustained by his superiors in
+doctoring Copperheadism in Ohio, enlarged the scope of
+his practice. On the 1st of June he issued an order forbidding
+the circulation of the New York <i>World</i> in his
+department and stopping the publication of the Chicago
+<i>Times</i>. Brigadier-General Ammen was charged with the
+execution of the latter order. On the following day,
+Ammen notified Wilbur F. Storey, the editor of the <i>Times</i>,
+that he would not be allowed to issue his paper on the
+3d of June. Storey appealed to the United States District
+Court for protection. Shortly after midnight Judge
+Drummond issued a writ directing the military authorities
+to take no further steps under Burnside's order to
+suppress the <i>Times</i> until the application for a permanent
+writ of injunction could be heard in open court. The
+judge said:</p>
+
+<blockquote><p>I may be pardoned for saying that personally and officially I
+desire to give every aid and assistance in my power to the Government
+and the Administration in restoring the Union, but I<span class="pagenum"><a id="Page_207">[207]</a></span>
+have always wished to treat the Government as a government
+of law and a government of the Constitution, and not a government
+of mere physical force. I personally have contended and
+shall always contend for the right of free discussion and the
+right of commenting under the law and under the Constitution
+upon the acts of the officers of the Government.</p></blockquote>
+
+<p>Notwithstanding the order of the judge, a body of
+troops broke into the office of the <i>Times</i> at half-past three
+o'clock in the morning, after nearly the whole edition had
+been printed, and took possession of the establishment.
+When daylight came there was great excitement in Chicago.
+Although the <i>Times</i> was a Copperhead sheet of an
+obnoxious type, many loyal citizens were convinced that
+Burnside's order would produce vastly more harm than
+good to the Union cause. A meeting was hastily called
+at the circuit court room, at which Senator Trumbull and
+Congressman I. N. Arnold were present. Hon. William
+B. Ogden, ex-mayor, president of the Chicago and Northwestern
+Railway, a Republican in politics, offered for
+adoption a resolution requesting President Lincoln to
+suspend or rescind Burnside's order suppressing the
+<i>Times</i>. The resolution was adopted unanimously by the
+meeting and a petition to that effect was drawn up, signed,
+and sent around town for additional signatures. It was
+then telegraphed to the President, and Trumbull and
+Arnold sent an additional telegram asking that it might
+receive his prompt attention.</p>
+
+<p>Outside of the room, however, the utmost contrariety
+of opinion existed. The streets were filled with heated
+disputants, and there was danger of rioting throughout
+the day following the suppression of the newspaper. In
+the evening of June 3, a great meeting of persons opposed
+to Burnside's order was held in the Court-House Square,
+which was addressed by General Singleton, Moses M.<span class="pagenum"><a id="Page_208">[208]</a></span>
+Strong, of Wisconsin, B. G. Caulfield, and E. G. Asay,
+Democrats, and by Senator Trumbull and Wirt Dexter,
+Republicans.</p>
+
+<p>In the mean time Judge Drummond was hearing the
+arguments of Storey's lawyers on the question of making
+permanent the injunction that had already been disobeyed.
+While the proceedings were going on, a telegram
+came from Burnside to Ammen, dated Lexington, Kentucky,
+June 4, saying that his order for the suppression
+of the Chicago <i>Times</i> had been revoked by order of the
+President of the United States. The soldiers were accordingly
+withdrawn and Mr. Storey resumed possession of
+his property.</p>
+
+<p>The Chicago <i>Evening Journal</i> published the following
+outline of Trumbull's speech on this event:</p>
+
+<blockquote><p>The point of Judge Trumbull's speech was to show the
+importance of adhering to the Constitution and laws in all
+measures adopted for the suppression of the rebellion. He contended
+that they furnished ample provisions for dealing with
+traitors in our midst; that the Administration and its friends
+were weakened by resort to measures of doubtful authority
+against rebel sympathizers where the law furnished adequate
+remedies; that while no one questioned the authority of military
+commanders in the field and within their lines where the
+civil authorities were overborne, to exercise supreme authority,
+the right to do this in the loyal portions of the country, where
+the judicial tribunals were in full operation, was very questionable.
+He held that by its exercise in such localities the enemies
+of the country were given a great advantage, by alleging that
+their constitutional rights and privileges were arbitrarily interfered
+with. He insisted that the Constitution and laws were
+supreme in war as well as in peace, and that the denial of
+this proposition was an acknowledgment that the people were
+incapable of self-government&mdash;an admission that constitutional
+liberty and the rights of the citizen, guaranteed by fundamental
+laws, were of no value except in peaceful times, so
+that in tumultuous times personal liberty regulated by law, to<span class="pagenum"><a id="Page_209">[209]</a></span>
+establish which the Anglo-Saxon race had been contending for
+centuries, must give way to the discretion of any man who
+might happen at the time to be at the head of the Government;
+that this, the American people are not prepared to
+admit, nor was it necessary they should; that the right of free
+speech and a free election should never be surrendered; but
+that this freedom did not imply the right, in time of civil war,
+to give aid and comfort to the enemies of the country, either
+directly or indirectly, against which the laws made ample
+provision.</p></blockquote>
+
+<p>The legislature of Illinois was then in session and both
+houses passed resolutions condemning the action of the
+military authorities in suppressing the Chicago <i>Times</i>.<a id="FNanchor_66_66"></a><a href="#Footnote_66_66" class="fnanchor">[66]</a></p>
+<p><span class="pagenum"><a id="Page_210">[210]</a></span></p>
+
+<div class="footnotes">
+<h3>FOOTNOTES:</h3>
+
+<div class="footnote"><p><a id="Footnote_65_65"></a><a href="#FNanchor_65_65"><span class="label">[65]</span></a> <i>Letters and Diaries</i>, <span class="smcap">i</span>, 47.</p></div>
+
+<div class="footnote"><p><a id="Footnote_66_66"></a><a href="#FNanchor_66_66"><span class="label">[66]</span></a> The New York <i>Tribune</i>, June 6, said: "We trust the great majority of
+considerate and loyal citizens share the relief and satisfaction we feel in view of
+the President's course in revoking the order of General Burnside which directs
+the suppression of the Chicago <i>Times</i>. And we further trust that the zealous
+and impulsive minority, who would have had General Burnside's order sustained,
+will, on calm reflection, realize and admit that the President has taken
+the wiser and safer course. We cannot reconcile the decision of the Executive
+in this case with his action in regard to Vallandigham. Journalists have no
+special license to commit treason, and Vallandigham's sympathy with the
+rebels was neither more audacious nor more mischievous than that of the <i>Times</i>.
+Yet it is better to be inconsistently right than consistently wrong&mdash;better to
+be right to-day, though wrong yesterday, than to be wrong both days alike."</p></div>
+</div>
+
+<hr class="chap" />
+
+<h2 id="CHAPTER_XIII">CHAPTER XIII</h2>
+
+<p class="h3">INCIDENTS OF THE YEARS 1863 AND 1864</p>
+
+<p>James W. White, of New York City, writes, March 6,
+to ask Trumbull, as a member of the Seward Committee,
+whether it is a fact that President Lincoln had knowledge
+of the dispatches written by Secretary Seward to Minister
+Adams, dated April 10, 1861, and July 5, 1862, before
+they were sent, and whether he approved the same.</p>
+
+<p>This refers to an event which very nearly upset President
+Lincoln's Cabinet in the beginning of 1863. Secretary
+Seward had entered the Cabinet under strong suspicions
+of lukewarmness toward the war policy of the
+President, which suspicions were shared by the Republican
+Senators generally. Consequently they were prepared
+to believe that the want of success which attended the
+Union arms was due to a lack of earnestness at headquarters,
+and that the man who paralyzed Lincoln was the Secretary
+of State. While this feeling was rankling in many
+bosoms, and especially among those who had considered
+the Executive remiss in dealing with the slavery question,
+the official correspondence of the State Department of the
+preceding year came from the press, containing, among
+other letters, one from Seward to Minister Adams dated
+July 5, 1862, with the following words:</p>
+
+<blockquote><p>It seems as if the extreme advocates of African slavery and
+its most vehement opponents were acting in concert together
+to precipitate a servile war&mdash;the former by making the most
+desperate attempts to overthrow the Federal Union, the latter
+by demanding an edict of universal emancipation as a lawful
+and necessary, if not, as they say, the only legitimate way of
+saving the Union.</p></blockquote><p><span class="pagenum"><a id="Page_211">[211]</a></span></p>
+
+<p>Probably this was a private note, which got into the
+published volume by mistake, but it was oil on the flames
+in 1863, and it became public simultaneously with the
+news of General Burnside's defeat at Fredericksburg.
+These were among the darkest hours of the war. The
+Republican Senators thought that the rebellion would
+never be put down unless Seward were forced out of the
+Cabinet and that now was the time to act. A caucus
+was held and a committee appointed, of which Senator
+Collamer was chairman, to visit the President and express
+the opinion that Mr. Seward had lost the confidence of
+Congress and the country, and that his resignation was
+necessary to a successful prosecution of the war. Trumbull
+was one of the members of the committee.</p>
+
+<p>Seward's unlucky letter, which formed the occasion of
+Judge White's communication to Trumbull, was written
+shortly before Lincoln's preliminary proclamation of
+emancipation as to slaves in the rebel states was published.
+Senator Sumner took the letter to the President and asked
+if he had ever given his sanction to it. He replied that he
+had never seen it before. The newspapers got hold of this
+fact and made it hot for Seward. The New York <i>Times</i>,
+however, denied, apparently by authority, that Seward
+had ever sent any dispatch to a foreign minister without
+first submitting it to the President and getting his approval
+of it. Such a denial would be technically correct
+if this letter were a private communication, not intended
+for the public archives. Judge White, in a public letter,
+maintained that Seward never had submitted this letter
+to his chief, thus raising a question of veracity with the
+<i>Times</i>. So he wrote the foregoing letter to Trumbull
+hoping to find a backer in him. Trumbull replied in the
+following terms:</p>
+
+<p><span class="pagenum"><a id="Page_212">[212]</a></span></p><blockquote><p>Pressing engagements and an indisposition to become involved
+in the controversy to which your letter of the 6th alludes
+must be my apology for not sooner replying to your inquiries.
+The want of harmony, not to say the antagonism, between
+some of the dispatches referred to and the avowed policy of
+the President would seem to afford sufficient evidence to a discerning
+public that both could not have emanated from the
+same mind. In view, therefore, of the manner in which the
+information in my possession was obtained, and not perceiving
+at this time that the public good would be subserved by any
+disclosure I could make, I must be excused for not undertaking
+to furnish extraneous evidence in the matter.</p></blockquote>
+
+<p>The accusations of the senatorial committee against
+Seward were summarized by Lincoln truthfully and
+with a touch of humor. "While they seemed to believe
+in my honesty," he said, "they also appeared to think
+that whenever I had in me any good purpose Seward
+contrived to suck it out unperceived." Seward was no
+more to blame for the ill success of the Union armies than
+any other member of the Cabinet. The inefficiency in
+our armies, according to Gideon Welles, resided in the
+President's chief military adviser, General Halleck.
+However that may have been, it is well that the errand
+of the Republican Senators to the White House proved
+fruitless, since, if successful, it might have created a precedent
+which would have upset our form of government.</p>
+
+<p>G. Koerner, Minister to Spain, writes from Madrid,
+March 22, 1863, that he is very much discouraged about
+the prospects of the war. He trusts more to the exhaustion
+of the South than to the victories of the North.</p>
+
+<blockquote><p>My situation, under the circumstances, has been a very
+unpleasant one. For days and weeks I have avoided meetings
+and reunions where I would have had to answer questions,
+often meant in a very friendly manner, but still embarrassing
+to me. My family has also lived very retired, for the additional
+reason that we are not able to return the many hospitalities to
+which we are invited constantly. We have the greatest trouble<span class="pagenum"><a id="Page_213">[213]</a></span>
+in the world to live here in the most modest manner within our
+means. We forego many, very many, of the comforts we were
+accustomed to at home.</p></blockquote>
+
+<p>From Columbus, Georgia, October 26, 1863, Alfred
+Iverson (former Senator), trusting that the difficulties in
+which the two sections are involved may not have extinguished
+the feelings of courtesy and humanity in the
+hearts of individual gentlemen, writes, at the instance of
+an anxious mother, to make inquiries in reference to
+Charles G. Flournoy, supposed to have been captured
+with other Confederate soldiers by General Grant's forces
+in the vicinity of Vicksburg, and to be confined in a military
+prison at Alton, Illinois.</p>
+
+<p>Walter B. Scates (former judge of the supreme court of
+Illinois, Democrat, now serving as assistant adjutant-general
+in the Thirteenth Army Corps) writes from New
+Orleans, November 14, 1863, that he is thoroughly convinced
+of the propriety and necessity of destroying
+slavery as a means of ending this most wicked war and
+preventing a recurrence of a like misfortune; is ready to
+take an active part in the organization of colored regiments,
+that they may assist in maintaining the Government
+and winning their own freedom.</p>
+
+<p>From Topeka, Kansas, November 16, John T. Morton
+remonstrates against the appointment of M. W. Delahay
+as judge of the United States District Court, because he is
+utterly incompetent. Says he gave up the practice of his
+profession in Illinois because he was so ignorant that nobody
+would employ him. O. M. Hatch confirms Morton;
+says the appointment is unfit to be made; has known
+Delahay personally for twenty years. Jesse K. Dubois
+and D. L. Phillips confirm Hatch.</p>
+
+<p>Jackson Grimshaw writes from Quincy, December 3:</p>
+
+<p><span class="pagenum"><a id="Page_214">[214]</a></span></p><blockquote><p>Will the Senate confirm that miserable man Delahay for
+Judge in Kansas? The appointment is disgraceful to the President,
+who knew Delahay and all his faults, but the disgrace
+to the Administration will be greater if the Senate confirms
+him. He is no lawyer, could not try a case properly even in
+a Justice's court and has no character. Mr. Buchanan in his
+worst days never made so disgraceful an appointment to the
+bench.</p></blockquote>
+
+<p>Herndon relates that Delahay's expenses to the Chicago
+nominating convention, as an expected delegate from Kansas,
+were promised by Lincoln. He was not a delegate
+and never had the remotest chance of being one, but he
+came as a "hustler" and Lincoln paid his expenses all
+the same. He was nevertheless appointed judge, was impeached
+by Congress in 1872 under charges of incompetency,
+corruption, and drunkenness on and off the
+bench, and resigned while the impeachment committee
+was taking testimony.</p>
+
+<p>Major-General John M. Palmer writes from Chattanooga,
+December 18, 1863:</p>
+
+<blockquote><p>The Illinois troops (now voters) are beginning to talk about the
+Presidency. Mr. Lincoln is by far the strongest man with the
+army, and no combination could be made which would impair
+his strength with this army unless, perhaps, Grant's candidacy
+would. The people of Tennessee would now vote for Lincoln,
+it is thought by many. Andy Johnson is understood to be a
+Presidential aspirant by most people in this state. He is not as
+popular as I once thought he was, though if he will exert himself
+to do so he can be Governor, or Senator, when the state is reorganized.
+He is understood to favor emancipation, and the people
+are prepared for it, but I fear personal questions will complicate
+the matter. The truth is all these Southern politicians
+are behind the times sadly. There is nothing practical about
+them. Now, when the whole social and political fabric is
+broken up, new foundations might be laid for institutions which
+would in their effects within twenty years compensate the State
+for all its losses, heavy as they are. But not much will be done,
+I fear, because the politicians don't seem to know what is<span class="pagenum"><a id="Page_215">[215]</a></span>
+required. One fourth of the people are destitute, and yet the
+leaders have not humanity and energy enough to induce them
+to organize for mutual assistance. There are farms enough in
+middle Tennessee deserted by their rebel owners to give temporary
+homes to thousands, and yet no one will take the responsibility
+of putting them in possession, but the leaders quietly
+suffer the poor to wander homeless all over the country.</p></blockquote>
+
+<p>Colonel Fred Hecker writes from Lookout Valley, Tennessee,
+December 21:</p>
+
+<blockquote><p>Again we are encamped in Lookout Valley after heavy fighting
+and marching from November 22 to December 16, stopping
+a victorious march at the gates of Knoxville, returning with
+barefooted, ragged men, but cheerful hearts. This was more
+than a fight. It was a wild chase after an enemy making no
+stand, leaving everywhere in our hands, muskets, cannon,
+ammunition, provisions, stores, etc., and large numbers of
+prisoners. These, as well as the populations, were unanimous
+in declaring that the people of the South are tired of the war
+and rebellion and are in earnest in the desire for peace and
+order. I conversed much with men of different positions in life,
+education, and political parties, from the enraged secessionist
+to the unwavering Union man just returning from his hiding-place,
+and I am fully convinced that most of the work is done.
+A great many had no idea what war was till both armies, passing
+over the country, had taught them the lesson, and there
+is such a prevailing union feeling in North Carolina, northern
+Alabama, and Georgia, as I have ascertained in a hundred conversations
+with men of that section of the country, that the
+result of the next campaign is not the least doubtful. You
+remember what I told you about General Grant at a time when
+this excellent man was pursued by malice and slander. I feel
+greatly satisfied that his enemies are now forced to do him
+justice. The battle of Chattanooga, with all its great consequences,
+was a masterpiece of planning and man&oelig;uvring, and
+every man of us is proud to have been an actor in this ever
+memorable action. Revolution and war sift men and consume
+reputations with the voracity of Kronos, and it is good
+that it is so.</p></blockquote><p><span class="pagenum"><a id="Page_216">[216]</a></span></p>
+
+<p>From Chattanooga, January 24, 1864, Major-General
+John M. Palmer writes:</p>
+
+<blockquote><p>I saw Grant yesterday and had a conversation with him.
+Peace-at-any-price men would have a hard bargain in him as
+their candidate. He is a soldier and, of course, regards negroes
+at their value as military materials. He has just enough sentiment
+and humanity about him to make him a careful general,
+and he esteems men, black or white, as too valuable to be
+wasted. He does not desire to be a candidate for the Presidency;
+prefers his present theatre of service to any other. Nor
+will the officers of the army willingly give him up. He has no
+enemies, and it is very difficult to understand how he can have
+any. He is honest, brave, frank, and modest. Is perfectly willing
+that his subordinates shall win all the reputation and glory
+possible; will help them when he can, with the most unselfish
+earnestness. He demands no adulation, and gives credit for
+every honest effort, and if efforts are unsuccessful he has the
+sense, and the sense of justice, to understand the reasons for
+failure and to attach to them their proper importance. Nobody
+is jealous of Grant and he is jealous of no one. He is not a great
+man. He is precisely equal to his situation. His success has
+been wonderful and must be attributed, I think, to his fine
+common sense and the faculty he possesses in a wonderful
+degree of making himself understood. I do not think he will
+be anybody's candidate for the Presidency this time, but after
+that his stock will be at a premium for anything he wants. Mr.
+Lincoln is popular with the army, and will, as far as the soldiers
+can vote, beat anything the Copperheads can start. No civilian
+or mere book-making general can get votes in the army
+against him.</p></blockquote>
+
+<p>J. K. Dubois, Springfield, January 30, says:</p>
+
+<blockquote><p>We are receiving daily old regiments who are re&euml;nlisting and
+are sent home on furlough for thirty days to see their friends
+and recruit. This is very damaging to the Copperhead crew of
+our state. They swear and groan over this fact, for they have
+preached and affirmed that the soldiers were held in subjection
+by their officers, and that as soon as their time was up they
+would show their officers and the President that they would<span class="pagenum"><a id="Page_217">[217]</a></span>
+have nothing more to do with this Abolition crusade. And so
+when these same men's time will have expired, commencing
+next June, they say to rebels both front and rear: "We were at
+the beginning of this fight and we intend also to be at the end."
+All honor to these brave and loyal men.</p></blockquote>
+
+<p>Israel B. Bigelow, Brownsville, Texas, May 5, 1864,
+says that before the war it was commonly said that soil
+and climate would regulate slavery.</p>
+
+<blockquote><p>In theory this was right if slavery was right, and whether
+right or wrong, slavery is declining, and with my very hearty concurrence&mdash;to
+my own astonishment. No man ever regarded
+a Massachusetts Abolitionist with greater abhorrence than
+myself, and yet I have subscribed to Mr. Lincoln's ironclad
+oath. Time works wondrous changes in men's feelings, and
+there are thousands of slaveholders in this state who, two years
+ago, cursed Mr. Lincoln and his Government, who are now willing
+to have their slaves freed if the war can be brought to an
+end.</p></blockquote>
+
+<p>We now come upon the first evidence of any difference,
+of a personal kind, existing between Senator Trumbull and
+President Lincoln. Opposing views on questions of public
+policy, such as the Confiscation Bill and arbitrary arrests,
+have already been noted. A difference of another kind is
+disclosed in a letter from N. B. Judd, Minister to Prussia.
+Judd had returned to his post after a visit to this country.
+He wrote to Trumbull under date, Berlin, January, 1864:</p>
+
+<blockquote><p>When I last saw you your conviction was that L. would be
+re&euml;lected. I tell you combinations can't prevent it. Events
+possibly may. But until some event occurs, is it wise or prudent
+to give an impression of hostility for no earthly good? Usually
+your judgment controls your feelings. Don't let the case be
+reversed now. Although a severe thinker you are not constitutionally
+a croaker. Excuse the freedom of my writing. I
+have given you proofs that I am no holiday friend of yours.</p></blockquote>
+
+<p>The next piece of evidence found is a letter from Trumbull<span class="pagenum"><a id="Page_218">[218]</a></span>
+himself to H. G. McPike, of Alton, Illinois, one of
+the few letters of which he kept a copy in his own handwriting:</p>
+
+<blockquote><p>
+
+<span class="smcap">Washington</span>, Feb. 6, 1864.<br />
+</p>
+
+<p>The feeling for Mr. Lincoln's re&euml;lection <i>seems</i> to be very general,
+but much of it I discover is only on the surface. You
+would be surprised, in talking with public men we meet here,
+to find how few, when you come to get at their real sentiments,
+are for Mr. Lincoln's re&euml;lection. There is a distrust and fear
+that he is too undecided and inefficient to put down the rebellion.
+You need not be surprised if a reaction sets in before the
+nomination, in favor of some man supposed to possess more
+energy and less inclination to trust our brave boys in the hands
+and under the leadership of generals who have no heart in the
+war. The opposition to Mr. L. may not show itself at all, but if
+it ever breaks out there will be more of it than now appears.
+Congress will do its duty, and it is not improbable we may pass
+a resolution to amend the Constitution so as to abolish slavery
+forever throughout the United States.</p></blockquote>
+
+<p>The third scrap is a letter from Governor Yates to
+Trumbull dated Springfield, February 26, to whom, perhaps,
+McPike showed Trumbull's letter quoted above.
+Yates writes:</p>
+
+<blockquote><p>As you are a Senator from <i>Illinois</i>, the state of Mr. Lincoln,
+please be cautious as to your course till I see you. I have such
+strong regard for you personally that I do not wish either enemies
+or friends on our side, who would like to supplant you, to
+get any undue advantage over you.</p></blockquote>
+
+<p>Trumbull believed there was a lack of efficiency in the
+use made, by the executive branch of the Government, of
+the means placed at its disposal for putting down the
+rebellion. That such was his opinion was made clear by
+his participation in the anti-Seward movements of the
+previous year. Whether the opinion was justified or not,
+it was so generally entertained in Washington that if the
+nomination had rested in the hands of the Senators and<span class="pagenum"><a id="Page_219">[219]</a></span>
+Representatives in Congress, Lincoln would have had
+very few votes in the Baltimore Convention. Albert G.
+Riddle describes a scene in the White House in February,
+1864, illustrative of public sentiment in Washington at
+that time. The reception room of the Executive Mansion
+was filled with persons, most of whom were inveighing
+against Lincoln, who was not present. The one most loud
+and bitter against the President was Henry Wilson, of
+Massachusetts. His assaults were so amazing that Riddle
+cautioned him to choose some other place than the
+Executive Mansion for uttering them; advised him to
+make his speeches in the Senate, or get himself elected
+to the coming National Union Convention and then denounce
+Lincoln, where his words might have some effect.
+Wilson replied that he knew the people were for Lincoln
+and that nothing could prevent his renomination.<a id="FNanchor_67_67"></a><a href="#Footnote_67_67" class="fnanchor">[67]</a></p>
+
+<p>The opposition was based wholly upon charges of
+inefficiency and lack of earnestness and vigor in the prosecution
+of the war. But the feeling, both among the people
+at home and the soldiers in the field, was so overwhelmingly
+for Lincoln, that when the delegates came together
+in convention the opposition in Congress was silenced.
+After the nominations of both parties had been made,
+however, the previous distrust reappeared on a larger
+scale and became so pronounced that Lincoln himself
+thought that he was about to be defeated and took steps
+to turn the Government over to McClellan practically
+before the constitutional period for his own retirement.<a id="FNanchor_68_68"></a><a href="#Footnote_68_68" class="fnanchor">[68]</a>
+If Lincoln himself was in despair, other persons who shared
+his gloom might be excused.</p>
+
+<p>The radicals who were opposed to Lincoln held a convention
+in the city of Cleveland on the 31st of May, 1864,
+<span class="pagenum"><a id="Page_220">[220]</a></span>and nominated General John C. Fr&eacute;mont for President
+and General John Cochrane for Vice-President. Among
+the leaders in this movement were B. Gratz Brown, of
+Missouri, Wendell Phillips, of Massachusetts, and Rev.
+George B. Cheever, of New York. They had the sympathy
+of Ben Wade, of Ohio, and Henry Winter Davis, of
+Maryland, and they reckoned upon the support of many
+radical Germans of the fiery type, perhaps sufficiently
+numerous to turn the votes of some important Western
+States. On the 21st of September, Fr&eacute;mont withdrew as
+a candidate and on the 23d the President asked for the
+resignation of Montgomery Blair as Postmaster-General,
+which the latter immediately gave. The simultaneous
+retirement of Fr&eacute;mont and Blair, who were known to be
+enemies to each other, led to a suspicion that there was
+some connection between the two events. The account
+given by Nicolay and Hay conveys no hint of this, but
+is confused and self-contradictory. Evidence is available
+to indicate that Fr&eacute;mont made his retirement conditional
+upon the removal of Blair from the Cabinet, and that Lincoln,
+although reluctant to lose Blair from his official
+family, deemed it a necessity to get the third ticket out of
+the presidential contest, for public reasons.<a id="FNanchor_69_69"></a><a href="#Footnote_69_69" class="fnanchor">[69]</a></p>
+
+<p>In the Senatorial contest of 1867 the false accusation
+was made that Trumbull had refused to make speeches
+in favor of Lincoln's re&euml;lection; whereas he was the leading
+speaker at the great Union Mass Meeting at Springfield
+on the 5th of October, 1864, which was addressed
+by Doolittle, Yates, and Logan also. His correspondence
+<span class="pagenum"><a id="Page_221">[221]</a></span>shows that he spoke at several other places during that
+month.</p>
+
+<p>But speech-making did not gain the victory in the
+election of 1864. That fight was won by General Sherman
+at Atlanta, aided by General Sheridan in the Valley of
+Virginia, and by Admiral Farragut at Mobile.</p><p><span class="pagenum"><a id="Page_222">[222]</a></span></p>
+
+<div class="footnotes">
+<h3>FOOTNOTES:</h3>
+
+<div class="footnote"><p><a id="Footnote_67_67"></a><a href="#FNanchor_67_67"><span class="label">[67]</span></a> Riddle's <i>Recollections of War-Time</i>, p. 267.</p></div>
+
+<div class="footnote"><p><a id="Footnote_68_68"></a><a href="#FNanchor_68_68"><span class="label">[68]</span></a> Nicolay &amp; Hay, ix, 251.</p></div>
+
+<div class="footnote"><p><a id="Footnote_69_69"></a><a href="#FNanchor_69_69"><span class="label">[69]</span></a> A letter dated August 9, 1910, in my possession, from Mr. Gist Blair, son of
+Montgomery Blair, says: "I have always understood that my father retired
+from Mr. Lincoln's Cabinet in order to secure the withdrawal of Fr&eacute;mont as a
+candidate against Mr. Lincoln. There are letters which I cannot now put my
+hand on, which indicate that Mr. Lincoln continued to consult my father practically
+the same as if he were a member of the Cabinet, up to the time of
+Mr. Lincoln's death."</p></div>
+</div>
+
+<hr class="chap" />
+
+<h2 id="CHAPTER_XIV">CHAPTER XIV</h2>
+
+<p class="h3">THE THIRTEENTH AMENDMENT TO THE CONSTITUTION</p>
+
+<p>Donn Piatt, meeting William H. Seward on the street
+on the morning immediately after the issuing of the preliminary
+proclamation of emancipation, complimented
+him for his share in the act, whereupon the following colloquy
+ensued:</p>
+
+<p>"Yes," said Seward, "we have let off a puff of wind
+over an accomplished fact."</p>
+
+<p>"What do you mean, Mr. Seward?"</p>
+
+<p>"I mean that the emancipation proclamation was uttered
+in the first gun fired at Sumter and we have been
+the last to hear it. As it is, we show our sympathy with
+slavery by emancipating slaves where we cannot reach
+them and holding them in bondage where we can set them
+free."<a id="FNanchor_70_70"></a><a href="#Footnote_70_70" class="fnanchor">[70]</a></p>
+
+<p>Seward did not say this in a censorious spirit, but what
+he did say was true. The proclamation applied only to
+states and parts of states under rebel control. It did not
+emancipate any slaves within the emancipator's reach.
+Whether it freed anybody anywhere was a matter of dispute.
+What its legal effect would be after the war should
+cease, no one could say. Moreover, if the President had
+legal authority to issue the proclamation, then he, or a
+successor in office, could revoke it.</p>
+
+<p>The Constitution had not given to the Federal Government
+power to emancipate slaves. The proclamation did
+not purport to rest upon any constitutional power, but
+upon war powers solely. But war powers last only while
+<span class="pagenum"><a id="Page_223">[223]</a></span>war lasts, and when it comes to an end, all sorts of people
+have all sorts of opinions as to the validity of acts done
+under them.</p>
+
+<p>Public opinion at the time was keenly alive to doubts
+regarding the President's powers in this particular. Congress
+was flooded with petitions calling for action to confirm
+and validate the proclamation, but the way was beset
+with difficulties. Should the Constitution be amended, or
+would an act of Congress suffice? If the Constitution
+should be amended, should it abolish slavery everywhere
+or only in the places designated by the President? Should
+loyal slave-owners be compensated, as Lincoln desired?
+What were the chances of getting such an amendment
+ratified by three fourths of the states? And for this purpose
+should the rebel states be counted as still in the
+Union? If so, the requisite number might not be
+obtained.</p>
+
+<p>The first resolution offered in Congress for such an
+amendment of the Constitution was proposed in the
+House on the 14th of December, 1863, by Representative
+James F. Wilson of Iowa, in these words:</p>
+
+<blockquote><p><span class="smcap">Section</span> 1. Slavery being incompatible with a free government
+is forever prohibited in the United States; and involuntary
+servitude shall be permitted only as a punishment for
+crime.</p>
+
+<p><span class="smcap">Section</span> 2. Congress shall have power to enforce the foregoing
+section by appropriate legislation.</p></blockquote>
+
+<p>On the 13th of January, 1864, Senator Henderson, of
+Missouri, offered a resolution to amend the Constitution
+by adding thereto the following article:</p>
+
+<blockquote><p>Slavery or involuntary servitude, except as a punishment
+for crime, shall not exist in the United States.</p></blockquote>
+
+<p>These resolutions were referred to the Judiciary Committees
+of the respective houses.</p><p><span class="pagenum"><a id="Page_224">[224]</a></span></p>
+
+<p>On the 10th of February, Trumbull reported the Henderson
+Resolution from the Committee on the Judiciary,
+with an amendment in the nature of a substitute in the
+following terms:</p>
+
+<blockquote><p><span class="smcap">Article XIII</span></p>
+
+<p><span class="smcap">Section</span> 1. Neither slavery nor involuntary servitude,
+except as a punishment for crime whereof the party shall have
+been duly convicted, shall exist within the United States or any
+place subject to their jurisdiction.</p>
+
+<p><span class="smcap">Section</span> 2. Congress shall have power to enforce this article
+by appropriate legislation.</p></blockquote>
+
+<p>The phraseology followed pretty closely that of the Ordinance
+of 1787. Trumbull adopted it because it was among
+the household words of the nation. To become effective
+as a part of the Constitution, this article required the
+votes of two thirds of each branch of Congress and ratification
+by the legislatures of three fourths of the States.</p>
+
+<p>Presenting the resolution to the Senate, Trumbull said
+that nobody could doubt that the conflict then raging,
+and all the desolation and death consequent thereon, had
+their origin in the institution of slavery; that even those
+who contended that the trouble was due to the agitators
+and abolitionists of the North must admit that if there
+were no slavery there would be no abolitionists. So also it
+must be admitted that if there had been no slavery there
+would have been no secession and no civil war. All the
+strife that had ever afflicted the nation, or all that could
+be considered menacing to the country's peace, had had
+its source in that institution. Various laws had been passed
+by Congress to give freedom to slaves of rebel owners and
+even these laws had not been executed properly. The
+President of the United States had issued a preliminary
+proclamation in September, 1862, and a final one in January,
+1863, declaring all slaves under rebel control free,<span class="pagenum"><a id="Page_225">[225]</a></span>
+but not those under our control. The legal effect of such a
+proclamation had been a matter of dispute. Some persons
+held that the President had the constitutional power to
+issue it and that all the slaves designated were free, or
+would become so whenever the rebellion should be crushed;
+while others contended that it had no effect either <i>de jure</i>
+or <i>de facto</i>. It was the duty of the lawmaking power to
+put an end to this uncertainty by some act more comprehensive
+than any that had yet been adopted. Would a
+mere act of Congress suffice? It had been an axiom of all
+parties from the beginning of the Government that Congress
+had no authority to interfere with slavery in the
+states where it existed. We had authority, of course, to
+put down the enemies of the country and the right to slay
+them in battle; we had authority to confiscate their property;
+but did that give us authority to slay the friends
+of the Union, to confiscate their property, or to free their
+slaves? In his opinion the only conclusive and irrepealable
+way to make an end of slavery was by an amendment
+of the Constitution, and the only practical question
+remaining was whether the resolution recommended by
+the committee could secure a two-thirds vote in Congress
+and the concurrence of three fourths of the states. There
+were thirty-five states, including those in rebellion, and
+two territories about to become states. Presumably the
+affirmative votes of twenty-eight states would be required
+for ratification.</p>
+
+<p>In this speech Trumbull gave public expression to his
+feelings regarding the feeble prosecution of the war to
+which he had given private expression in the letters to
+friends referred to in the preceding chapter. He said:</p>
+
+<blockquote><p>I trust that within a year, in less time than it will take to make
+this constitutional amendment effective, our armies will have
+put to flight the rebel armies. I think it ought to have been<span class="pagenum"><a id="Page_226">[226]</a></span>
+done long ago. Hundreds of millions of treasure and a hundred
+thousand lives would have been saved had the power of this
+republic been concentrated under one mind and hurled in masses
+upon the main rebel armies. This is what our patriotic soldiers
+have wanted and what I trust is now soon to be done. But
+instead of looking back and mourning over the errors of the
+past, let us remember them only for the lessons they teach for
+the future. Forgetting the things which are past, let us press
+forward to the accomplishment of what is before. We have at
+last placed at the head of our armies a man in whom the country
+has confidence, a man who has won victories wherever he
+has been, and I trust that his mind is to be permitted, uninterfered
+with, to unite our forces, never before so formidable as
+to-day, in one or two grand armies, and hurl them upon the
+rebel force.<a id="FNanchor_71_71"></a><a href="#Footnote_71_71" class="fnanchor">[71]</a></p></blockquote>
+
+<p>The feeling here expressed by Trumbull was the prevailing
+sentiment at Washington at that time, even in
+President Lincoln's Cabinet. Both Gideon Welles and
+Edward Bates shared it. Welles wrote:</p>
+
+<blockquote><p>In this whole summer's campaign I have been unable to see
+or hear or obtain evidence of power or will or talent or originality
+on the part of General Halleck. He has suggested nothing,
+decided nothing, done nothing but scold and smoke and scratch
+his elbows. Is it possible that the energies of a nation should be
+wasted by the incapacity of such a man?</p></blockquote>
+
+<p>When Welles said to the President that he had observed
+the "inertness if not incapacity of the General-in-Chief,
+and had hoped that he [the President] who had better
+and more correct views would issue peremptory orders,"
+Lincoln replied that it was better that he, who was not
+a military man, should defer to Halleck, rather than
+Halleck to him.</p>
+
+<p>Additional light is thrown by an entry in Hay's
+"Diaries"<a id="FNanchor_72_72"></a><a href="#Footnote_72_72" class="fnanchor">[72]</a> under date April 28, 1864, where Lincoln
+says:</p>
+<p><span class="pagenum"><a id="Page_227">[227]</a></span></p>
+<blockquote><p>When it was proposed to station Halleck in general command,
+he insisted, to use his own language, on the appointment of
+a General-in-Chief who should be held responsible for results.
+We appointed him, and all went well enough until after Pope's
+defeat, when he broke down,&mdash;nerve and pluck all gone,&mdash;and
+has ever since evaded all possible responsibility, little more,
+since that, than a first-rate clerk.</p></blockquote>
+
+<p>General Francis V. Greene, reviewing the war as a
+whole, says that</p>
+
+<blockquote><p>If Lincoln had placed Grant in command of the Western
+armies in July, 1862, when Halleck was made General-in-Chief,
+instead of in October, 1863, it would have probably shortened
+the war by a year.<a id="FNanchor_73_73"></a><a href="#Footnote_73_73" class="fnanchor">[73]</a></p></blockquote>
+
+<p>This opinion is concurred in by General Grenville M.
+Dodge, one of the surviving major-generals of the Civil
+War,<a id="FNanchor_74_74"></a><a href="#Footnote_74_74" class="fnanchor">[74]</a> and I imagine that it will not be disputed by any
+military man at the present day. These citations show
+that the opinions held by Trumbull, as to the inefficiency
+of the directing force of the Union armies, up to the time
+when Grant was called to take command at Washington,
+were not those of a mere fault-finder and backbiter.</p>
+
+<p>A notable speech in favor of the anti-slavery amendment
+was made by Henderson, of Missouri, who was himself
+a slave-owner. The most impressive speech made in
+either branch of Congress, however, was that of Senator
+Reverdy Johnson, of Maryland. The fact that he represented
+a slaveholding State could not fail to add force to
+any argument he might make in support of the measure,
+but the argument itself, both in its moral and its legal
+aspects, was of surpassing merit. It deserves a high place
+in the annals of senatorial eloquence.</p>
+
+<p>The constitutional amendment was under debate in the
+Senate until the 8th of April, 1864, when it was passed by
+<span class="pagenum"><a id="Page_228">[228]</a></span>a vote of 38 to 6. The negative votes were the two from
+Delaware, two from Kentucky, and those of Hendricks,
+of Indiana, and McDougall, of California. It then went
+to the House, where it was under consideration till the
+15th of June, when it failed of passage by a vote of 93
+to 65, not two thirds. The Democrats generally voted in
+the negative. A second attempt to pass it was made in
+the House on February 1, 1865, this time successfully, the
+yeas being 119 and the nays, 56. There was an extraordinary
+scene in the House when the final vote was taken.
+It is described by George W. Julian, in his "Recollections"
+(page 250), thus:</p>
+
+<blockquote><p>The time for the momentous vote had now come, and no language
+could describe the solemnity and impressiveness of the
+spectacle pending the roll-call. The success of the measure had
+been considered very doubtful, and depended upon certain
+negotiations, the result of which was not fully assured, and the
+particulars of which never reached the public.<a id="FNanchor_75_75"></a><a href="#Footnote_75_75" class="fnanchor">[75]</a> The anxiety
+and suspense during the balloting produced a deathly stillness,
+but when it became certainly known that the measure had prevailed,
+the cheering in the densely packed hall and galleries
+surpassed all precedent and beggared all description. Members
+joined in the general shouting, which was kept up for
+several minutes, many embracing each other, and others
+completely surrendering themselves to their tears of joy....</p></blockquote>
+<p><span class="pagenum"><a id="Page_229">[229]</a></span></p>
+<p>The ratification of the amendment was announced by
+the Secretary of State on the 18th of December, 1865.
+Three states, South Carolina, Alabama, and Florida,
+when they ratified it, passed resolutions expressing their
+understanding that the second section did not authorize
+Congress to legislate on the political status or civil relations
+of the negroes, but merely to confirm and protect
+their freedom. On November 1, 1865, Governor Perry, of
+South Carolina, wrote to President Johnson, saying that
+his state had abolished slavery in all good faith and never
+would wish to restore it again, but that his people feared
+that the second section might be construed to give Congress
+local power over legislation respecting negroes and
+white men in the state of freedom. To this letter Secretary
+Seward replied that the second section was "really
+restraining in its effect instead of enlarging the powers of
+Congress." By this he meant that it restrained Congress
+to the single subject of slavery. It did not give citizenship
+or civil rights to the freedmen. The legislature of
+South Carolina accordingly ratified the amendment on
+the 13th of November, and put on record the letter of
+Seward as the official interpretation of this clause by the
+Federal Executive. Alabama did substantially the same
+on the 2d of December and Florida on the 28th of
+December. Seward's interpretation of the second section
+of the amendment turned out to be correct, but
+many years of doubt and gloom were to pass before a decision
+upon it was reached in the Supreme Court.</p>
+
+<p>From what has gone before it appears doubtful whether
+President Lincoln's proclamation of emancipation freed
+any slaves legally. Its immediate value was not so much
+in its effect upon the blacks as upon the whites. It liberated<span class="pagenum"><a id="Page_230">[230]</a></span>
+millions of the latter from bondage to a false philosophy
+and a monstrous social creed and made possible and
+necessary the adoption of the Thirteenth Amendment.
+To Senator Trumbull belongs the distinction of having
+traced its lines and this is his title to immortality.</p><p><span class="pagenum"><a id="Page_231">[231]</a></span></p>
+
+<div class="footnotes">
+<h3>FOOTNOTES:</h3>
+
+<div class="footnote"><p><a id="Footnote_70_70"></a><a href="#FNanchor_70_70"><span class="label">[70]</span></a> <i>Memories of Men who Saved the Union</i>, by Donn Piatt, p. 150.</p></div>
+
+<div class="footnote"><p><a id="Footnote_71_71"></a><a href="#FNanchor_71_71"><span class="label">[71]</span></a> <i>Cong. Globe</i>, 1863-64, part 2, p. 1314.</p></div>
+
+<div class="footnote"><p><a id="Footnote_72_72"></a><a href="#FNanchor_72_72"><span class="label">[72]</span></a> Vol. <span class="smcap">i</span>, p. 187.</p></div>
+
+<div class="footnote"><p><a id="Footnote_73_73"></a><a href="#FNanchor_73_73"><span class="label">[73]</span></a> <i>Scribner's Magazine</i>, July, 1909.</p></div>
+
+<div class="footnote"><p><a id="Footnote_74_74"></a><a href="#FNanchor_74_74"><span class="label">[74]</span></a> In a letter to the writer.</p></div>
+
+<div class="footnote"><p><a id="Footnote_75_75"></a><a href="#FNanchor_75_75"><span class="label">[75]</span></a> The particulars referred to by Julian were subsequently made public by
+Mr. A. G. Riddle in his <i>Recollections of War-Time</i>, p. 325. Two Democrats were
+induced to vote in the affirmative and one other to be absent when the vote was
+taken. One of them was induced to vote right by the promise of an office for his
+brother; another was facing an election contest in the coming Congress where
+his own seat was claimed by a Republican opponent. The Democrat was promised
+favorable consideration by the Republicans before the testimony in the
+case was examined. The third was counsel for a railroad against whose interests
+a bill was about to be reported in the Senate, which bill was in the control of
+Charles Sumner. The bill would not be reported, or not reported soon, if the
+Congressman should be absent when the vote was taken. These arrangements,
+Riddle says, were negotiated by James M. Ashley, of Ohio, in whose hands the
+Republicans of the House had deposited their honor for the time being. If the
+three Democrats had voted in the negative, the result would have been 117 to
+59, one less than the necessary two thirds. But that would only have delayed
+the adoption of the amendment till the next Congress.</p></div>
+</div>
+
+<hr class="chap" />
+
+<h2 id="CHAPTER_XV">CHAPTER XV</h2>
+
+<p class="h3">RECONSTRUCTION</p>
+
+<p>The next event of world-wide concern was the assassination
+of President Lincoln, which took place April 14,
+1865. It does not come within the scope of this work,
+except as it finds expression or comment in the Trumbull
+papers. One such, found in a letter of Norman B. Judd,
+Minister to Prussia, dated Berlin, May 7, ought to be
+preserved.</p>
+
+<blockquote><p>At the present moment he [Lincoln] is deified in Europe.
+History shows no similar outburst of grief and indignation.
+Crowned heads and statesmen, parliaments and corporate
+bodies, literary institutions and the people, all vie in pronouncing
+the eulogy. The entire press of Europe has for the last ten
+days been filled with nothing else. We have had a very impressive
+and imposing funeral service. Kings, Representatives,
+Ministers, and the Diplomatic Corps were amongst the number
+present. The people assembled to three times the capacity
+of the church. I told my colleagues to come without uniform.&mdash;Something
+new under the sun at this Court of Uniforms.</p></blockquote>
+
+<p>When the work of Reconstruction began, two opposing
+ideas came in conflict with each other respecting the status
+of the seceding states. One was that the act of secession
+annihilated the State Governments and put the inhabitants
+and their belongings in the condition of newly
+acquired territories, subject in all things to the conquering
+power. This opinion was held by Charles Sumner and
+Thaddeus Stevens. The other view was that every act of<span class="pagenum"><a id="Page_232">[232]</a></span>
+secession was null and void; that state sovereignty was
+suspended but not extinguished in the Confederacy; and
+that when the rebellion was crushed, it became the duty
+of the General Government to recognize the loyal men
+in each state, as the rightful nucleus of sovereignty, to
+assist them to set the state Governments going again; in
+harmony, however, with accomplished facts, including
+the abolishment of slavery.</p>
+
+<p>The latter view had been adopted by President Lincoln
+in a proclamation issued simultaneously with his
+annual message to Congress December 8, 1863. This proclamation
+declared that whenever the voters of any seceding
+state, not less in number than one tenth of those who
+had voted in the presidential election of 1860, should re&euml;stablish
+a loyal State Government, it should be recognized
+as the true Government of the state. The qualifications
+of voters should be those existing in the state immediately
+before secession, "excluding all others," but it was
+provided that all previous proclamations of the President
+and all acts of Congress in reference to slavery should
+be held inviolable. It was explained that the question
+of admitting to seats in Congress any persons who
+might be elected by such states as members would rest
+with the respective houses exclusively. It was added
+that while this plan of Reconstruction was favored by
+the President he did not mean that no other would be
+acceptable.</p>
+
+<p>In pursuance of the proclamation an election was held
+in February, 1864, in that portion of Louisiana controlled
+by the Union army under command of General Banks, at
+which election 11,411 votes were cast&mdash;the whole vote
+of the state had usually been about 40,000. At this election,
+Michael Hahn had been chosen governor and he was
+inaugurated as such on the 4th of March, with impressive<span class="pagenum"><a id="Page_233">[233]</a></span>
+ceremonies, "in the presence of more than 50,000 people,"
+as General Banks announced. Writing to Governor Hahn
+under date, March 13, 1864, Lincoln said:</p>
+
+<blockquote><p>Now you are about to have a convention which, among other
+things, will probably define the elective franchise. I barely suggest
+for your private consideration whether some of the colored
+people may not be let in, as, for instance, the very intelligent
+and especially those who have fought gallantly in our ranks.
+They will probably help, in some trying time to come, to keep
+the jewel of liberty in the family of freedom. But this is only a
+suggestion, not to the public but to you alone.</p></blockquote>
+
+<p>A constitutional convention of Louisiana was elected
+March 28, 1864; it assembled April 6; adopted a free state
+constitution July 22, which was ratified by popular vote
+September 5. Under this constitution a legislature was
+elected by which two Senators were chosen to represent
+the state at Washington. Their credentials were referred
+to the Committee on the Judiciary, and on the 8th of
+January, 1865, Trumbull called at the White House to
+consult with Lincoln respecting their admission. One of
+the consequences of the interview was the unanimous
+agreement of the Judiciary Committee in favor of a joint
+resolution recognizing the Government of which Michael
+Hahn was the head. This resolution was reported by
+Trumbull on the 23d of February. Sumner objected to it
+because the constitution did not grant negro suffrage, and
+he avowed the intention of using all parliamentary means
+to defeat it. In this endeavor he had the co&ouml;peration of
+Senators Chandler and Wade and of most of the Democrats.
+The latter opposed the resolution because the constitution
+was not the work of the majority of the white
+people of the state. On the 24th, there was a debate of
+some bitterness between Sumner and Doolittle. The latter
+contended that the vote of Louisiana was needed to<span class="pagenum"><a id="Page_234">[234]</a></span>
+ratify the Thirteenth Amendment of the Federal Constitution.
+To this Sumner replied that the so-called state of
+Louisiana was a shadow, that no such state existed, and
+that its ratification would be worthless if obtained. In
+this contention he was sustained by Garrett Davis, of
+Kentucky.</p>
+
+<p>There were only seven working days remaining of the
+Thirty-eighth Congress, and Sumner managed to stave
+off the vote, although there was a large majority in favor
+of the resolution, as was shown by roll-calls on various
+motions. There was a sharp passage-at-arms between
+Trumbull and Sumner, which made a breach between
+them for a considerable time.</p>
+
+<p>On the 11th of April, five days before his assassination,
+Lincoln delivered a carefully prepared address from the
+balcony of the White House in response to a greeting of
+citizens who had assembled to welcome him on his return
+from Richmond after the surrender of that city. He
+embraced the occasion to call attention again to the question
+of Reconstruction which was now becoming momentous.
+He referred to the plan which he had recommended
+in his annual message of December, 1863, and said that it
+had received the approval of every member of his Cabinet
+(which then included Chase and Blair). It had not
+been objected to by any professed emancipationist until
+after the news reached Washington that the people of
+Louisiana were about to take action in accordance with it.
+Then the question had been raised whether the seceded
+states were in the Union or out of it. He did not consider
+that question a material one, but rather a pernicious
+abstraction, having only the mischievous effect of dividing
+loyal men. The question now uppermost was how to
+get the seceded states again into their proper practical
+relations with the Union. "Let us all join," he said, "in<span class="pagenum"><a id="Page_235">[235]</a></span>
+doing the acts necessary to restoring the proper practical
+relations between these states and the Union, and each
+forever after innocently indulge his own opinion whether,
+in doing the acts, he brought the states from without into
+the Union, or only gave them proper assistance, they
+never having been out." The question was not whether
+the Louisiana Government as reconstructed was quite all
+that was desirable, but whether it was wiser to take it and
+help to improve it, or to reject and disperse it. "Concede
+that the new Government of Louisiana is only, to what it
+should be, as the egg is to the fowl, we shall sooner have
+the fowl by hatching the egg than by smashing it." He
+concluded by saying that his remarks would apply generally
+to other states, but that there were peculiarities pertaining
+to each state, and important and sudden changes
+occurring in the same state, so that no exclusive and
+inflexible plan could safely be prescribed as to details.
+Therefore, he held himself free to make some new announcement
+to the people of the South when satisfied
+that such action would be proper.</p>
+
+<p>This was, in a political sense, his last will and testament.
+No other communication from him to his countrymen was
+more fraught with wisdom and patriotism. It received the
+prompt endorsement of William Lloyd Garrison, who
+defended it when attacked by Professor Newman, of
+London University.<a id="FNanchor_76_76"></a><a href="#Footnote_76_76" class="fnanchor">[76]</a> Garrison held not only that Lincoln
+had no right to interfere with the voting laws of the states,
+but that it would be bad policy to do so; for if negro
+suffrage were imposed upon the South against the will of
+the people, then, "as soon as the State was organized
+and left to manage its own affairs, the white population,
+with their superior intelligence, wealth, and power,
+would unquestionably alter the franchise in accordance
+<span class="pagenum"><a id="Page_236">[236]</a></span>with their prejudices and exclude those thus summarily
+brought to the polls."</p>
+
+<p>Garrison saw further than Sumner, but nobody at
+the North then imagined the tremendous consequences
+that were to follow the upsetting of Lincoln's plan. If
+Trumbull's resolution had passed, it would have served as
+a precedent for all the seceding states, in which case most
+of the misery of the next fifteen years in the South, including
+the carpet-bag governments and the Ku-Klux-Klan,
+would have been avoided.</p>
+
+<p>President Johnson at first had been rather more radical
+than the majority of his party as to the measure of punishment
+to be visited upon the leaders of the rebellion.
+He had several times talked about "making treason
+odious," and had said that traitors should take back seats
+in the work of Reconstruction, and had used language
+which implied that some of the more prominent Confederates
+ought to be tried and executed for treason. He had
+a sharp difference with General Grant as to the inclusion
+of General Lee in that category, Grant insisting that no
+officer or soldier who had observed the terms of capitulation
+at Appomattox could be rightfully molested.<a id="FNanchor_77_77"></a><a href="#Footnote_77_77" class="fnanchor">[77]</a></p>
+
+<p>But this feeling of animosity on Johnson's part gradually
+passed away. In an authorized interview with
+George L. Stearns, October 3, 1865, on the subject of
+Reconstruction, and again in an interview with Frederick
+Douglass and others, February 7, 1866, on the suffrage
+question, he said nothing about making treason odious,
+but declared himself opposed to unrestricted negro suffrage
+because he believed it would lead to a war of races&mdash;a
+war between the non-slaveholding class (the poor
+whites) and the negroes. The former hated and despised
+<span class="pagenum"><a id="Page_237">[237]</a></span>the latter, and this feeling he thought would be intensified
+if the suffrage were granted to the negroes.</p>
+
+<p>"The query comes up," said Johnson in his colloquy
+with Douglass, "whether these two races, situated as
+they were before, without preparation, without time for
+the slightest improvement, whether the one should be
+turned loose upon the other, and be thrown together at
+the ballot-box with this enmity and hate existing between
+them. The question comes up right there, whether we
+don't commence a war of races. I think I understand this
+thing, and especially is this the case when you force it
+upon a people without their consent."</p>
+
+<p>Johnson had adopted not only Lincoln's plan of Reconstruction,
+but his Cabinet also. At its first meeting, April
+16, the unfinished project for the establishment of civil
+government in Virginia, drafted by Secretary Stanton at
+Lincoln's instance, was presented but not acted on. At
+a subsequent meeting, May 8, it was considered and
+adopted, and was promulgated as an Executive Order on
+the following day. It recognized Francis M. Peirpoint,
+who had been nominal governor in Lincoln's time, as
+actual governor, and declared that in order to guarantee
+to the state of Virginia a republican form of government
+and to afford the advantage and security of domestic
+laws, and the full and complete restoration of peace, he
+would be aided by the Government of the United States
+in the measures he might take to accomplish those ends.</p>
+
+<p>A loyal State Government of considerable scope and
+solidity, formed by Johnson himself as military governor,
+already existed in Tennessee. This was now recognized
+by the President as an accomplished fact. W. G. Brownlow
+had been elected governor, and a legislature had been
+constituted, which had passed a franchise act that limited
+the voting privilege to whites and excluded rebels of a<span class="pagenum"><a id="Page_238">[238]</a></span>
+certain grade. The Lincoln State Government of Louisiana
+and a similar one in Arkansas were allowed to stand.</p>
+
+<p>On the 29th of May, the President issued an Executive
+Order appointing W. W. Holden provisional governor of
+North Carolina, and prescribing certain duties to be performed
+by him; among others that of calling a convention
+to be chosen by the loyal people of the state for the purpose
+of altering or amending the state constitution, and
+forming a government fit to be recognized and defended
+by the Government of the United States. Following the
+precedent made by Lincoln in the Louisiana case, the
+qualifications of voters at the election of delegates to
+the convention were fixed and declared to be those "prescribed
+by the constitution and laws of North Carolina
+in force immediately before the 20th day of May, 1861, the
+date of the so-called ordinance of secession," excepting,
+however, certain classes of whites. Similar orders followed
+in rapid succession for reorganizing Mississippi,
+Georgia, Texas, Alabama, South Carolina, and Florida,
+the last one bearing date July 13, 1865. Before the form
+of the order was adopted, a vote had been taken in the
+Cabinet on the question whether negroes should be
+allowed to vote in the election of Delegates. Of the six
+members present, three had voted in the affirmative and
+three in the negative. Seward was not present, being still
+confined to his bed by the wounds inflicted on him the
+night when Lincoln was assassinated. The President then
+took the matter in his own hands, and at the next meeting
+of the Cabinet read the North Carolina order and none
+of the members offered any objection to it.</p>
+
+<p>Thus Reconstruction had been mapped out, so far as
+the executive branch of the Government was concerned,
+before the Thirty-ninth Congress assembled.</p>
+
+<p>Together with the order for Reconstruction in North<span class="pagenum"><a id="Page_239">[239]</a></span>
+Carolina, the President issued a proclamation of amnesty
+for all persons who had participated in the rebellion,
+excepting, however, certain specified classes of offenders.
+This proclamation bore the same date, and was published
+simultaneously with the North Carolina order; but the
+newspapers of the day, while commenting upon and generally
+approving, made little account of the fact that
+negroes were excluded from voting at the election for
+delegates. The New York <i>Tribune</i> of May 30 merely
+said: "Of course no blacks can vote." The New York
+<i>Times</i> made mention of the same fact.</p>
+
+<p>The New York <i>Evening Post</i> of the same date, however,
+after pointing out that only white men and taxpayers
+could vote in the coming election in North Carolina, said:</p>
+
+<blockquote><p>Unless, in the process of the reorganization, we build upon
+the principle laid down in the Declaration of Independence,
+that all men are created free and equal, there is no assurance
+that the different elements of which our social and political
+state is composed will subsist in harmony and tranquil co&ouml;peration.
+In that direction lies our way to political safety. If we
+attempt to build upon any foundation of inequality between
+races and castes, we shall find a condition of things prevailing
+similar to that which has been the source of so many calamities
+to Ireland.</p></blockquote>
+
+<p>The first blast against Andrew Johnson was sounded
+by Wendell Phillips at the New England Anti-Slavery
+Convention, Boston, May 31, on a resolution offered by
+himself affirming that</p>
+
+<blockquote><p>The reconstruction of the rebel states without negro suffrage
+is a practical surrender to the Confederacy and will make the
+anti-slavery proclamation of the late President, and even the
+expected amendment of the Constitution utterly inefficient for
+the freedom and protection of the negro.</p></blockquote>
+
+<p>This resolution was supported by Phillips in a spirit of
+blind fury. Every life and every dollar that had been<span class="pagenum"><a id="Page_240">[240]</a></span>
+spent by the North had been stolen, he contended, if this
+policy should prevail, and "there was but one way in
+which the people could still hold the helm of affairs, and
+that was by a repudiation of the entire war debt!" Such a
+party would have his voice and vote until God called him
+home. "Better, far better, would it have been for Grant
+to have surrendered to Lee, than for Johnson to have surrendered
+to North Carolina."</p>
+
+<p>The New York <i>Tribune</i>, June 2, took notice of Phillips,
+and, after adverting to his intemperate attacks on Salmon
+P. Chase and Abraham Lincoln in the past, turned to his
+"like delicate attentions" to Mr. Lincoln's successor.</p>
+
+<blockquote><p>President Johnson [it said] believes in, and favors, the extension
+of the elective franchise to blacks, but since he holds that
+no state has gone out, or could go out, of the Union, he believes
+that the Southern state constitutions stand as before, and that
+the right of suffrage stands as before until legally changed. We
+do not insist [it continued] that this is the true doctrine&mdash;we
+do not admit an <i>unqualified</i> right in the enfranchised people of
+any state to do as they will with the residue. Yet we insist that
+President Johnson's view is one that a true man may honestly,
+conscientiously hold&mdash;may hold it without being a hypocrite,
+a demagogue, or a tool of the slave power. And we think few
+considerate persons will deny that it is greatly desirable, <i>if</i> the
+desired reparation in the <i>status</i> of the freedmen can be achieved
+<i>through</i> the several states rather than over them&mdash;that it
+would be more stable, less grudging, more real, if thus accomplished.
+In fact, we should prefer waiting a year or two, or
+accepting a limited enfranchisement, to a full recognition of the
+Equal Rights of Man by virtue only of a presidential edict,
+or order from the War Department, or even an act of Congress.</p></blockquote>
+
+<p>The New York <i>Times</i>, June 21, concurred, saying:</p>
+
+<blockquote><p>It is an open question whether the Government should or
+should not attempt to secure suffrage to the Southern blacks;
+the best men may differ about it.</p></blockquote><p><span class="pagenum"><a id="Page_241">[241]</a></span></p>
+
+<p>It scored Wendell Phillips for advocating repudiation of
+the national debt as a cure for any other evil whatsoever.</p>
+
+<blockquote><p>When Mr. Phillips says that if the Government and the people
+do not accept his doctrine, he will turn scoundrel and join a
+party of scoundrels, he does his doctrine the very worst injury
+possible.</p></blockquote>
+
+<p>Meanwhile there was a witches' caldron boiling in the
+South. The Confederate States had been impoverished
+by the war. Their labor system had been overturned
+under circumstances and in a mode that no other people
+had ever experienced. The negroes knew nothing of the
+responsibilities of freedom. They could not understand
+the meaning of a contract. The ex-slaves, when hired
+for a specified time, might abandon their work the next
+day or the next week, and return the following day or
+week and run the risk of being flogged or shot, either for
+going away or for coming back. The ex-masters, knowing
+only one way of getting work out of the negro,&mdash;that of
+compulsion,&mdash;contended and believed that there was no
+other way, or none that would serve the purpose during
+<i>their</i> lifetime; and since the crops of the present year could
+not wait for the milder teachings of education and reason,
+they adopted the only means that would secure immediate
+results. The planters, or the majority of them, were still
+further crippled by having no money to pay wages. All
+of their money had become filthy rags by the downfall of
+the Confederacy. The only alternative was hiring labor
+on shares. This was an embarrassment that the Northern
+men (carpet-baggers) who went to the South directly
+after the war did not suffer from. Some of these, tempted
+by the high price of cotton and the low price of land, hired
+or bought plantations, and they had the pick of the labor
+market because they could pay cash. Their example
+was a fresh irritation to the impecunious native planter,<span class="pagenum"><a id="Page_242">[242]</a></span>
+who, in losing the Confederacy, had lost everything
+except the clothes he stood in, which were much the
+worse for wear.</p>
+
+<p>If there was to be a crop of cotton, or of anything, in
+1865, the laboring population must be kept in some kind
+of order. Work days must be continuous, and not alternative
+with hunting and fishing days and play days.
+The planters looked to their legislatures in this emergency,
+and the legislatures enacted laws as near to the
+old slave codes as the condition of emancipation would
+allow,&mdash;if not nearer. These enactments began to reach
+the North before the Thirty-ninth Congress assembled.
+They were accompanied by tales of cruelty and outrage
+committed upon the freedmen, and of disloyal utterances
+and threats on the part of the unreconciled whites, male
+and female, who had been deprived of every weapon
+except their tongues. Little account was made of the
+need of time in which to become reconciled to these
+changes and to acquire admiration for those who had
+brought them about.</p>
+
+<p>Among letters which reached Trumbull was one from
+Colonel J. W. Shaffer, of the Union Army, dated New
+Orleans, December 25, 1865, who gave the following
+account of what he had observed along the Gulf Coast:</p>
+
+<blockquote><p>I have been to Mobile, spent a week there, have traveled
+around in this state, talked much with friend and enemy, and
+I unhesitatingly say that our President has been going too fast.
+I am told by all Union men that after the surrender of the rebel
+armies the men returned perfectly quiet, came to Southern and
+Northern Union men, saying, "We don't know what is expected
+of us by the Government, but one thing is certain, we are tired
+of war and desire above all things to return to the quiet pursuits
+of life and try to mend our fortune as best we can, and
+cultivate a friendly feeling with all parts of the country once
+more; now tell us how to do this." Soon, however, to their sur<span class="pagenum"><a id="Page_243">[243]</a></span>prise they found that the control of everything was to be again
+put in their hands, and at once they became insolent, abused
+the Government openly, and openly declared that Union men
+and Yankees must leave as soon as the military is withdrawn.
+Had they been given to understand that the Government was
+going to continue to govern and control, and that Union men
+alone would be trusted with the management of affairs, these
+people would have been entirely satisfied, glad to escape with
+their lives, and would at once have adapted themselves to circumstances.
+Now they are drunk with power, ruling and abusing
+every loyal man, white and black.</p></blockquote>
+
+<p>Per contra, Dr. C. H. Ray wrote, under date September
+29, 1865, on the subject of Reconstruction:</p>
+
+<blockquote><p>What are our Republican papers thinking of when they make
+war upon the President as they are now doing? I see that there
+is hardly one to stand up in his defense, and that he will be
+fought out of our ranks into the arms of the Democracy. I do
+not see that he is so guilty as he is said to be, and for one I cannot
+join the cry against him. What do his assailants expect&mdash;to
+carry the country on the Massachusetts idea of negro suffrage,
+female suffrage, confiscation, and hanging? If so, they
+will drive all moderate men out of the party and the remainder
+straight to perdition.</p></blockquote>
+
+<p>Only five Northern States at this time allowed negroes
+to vote at elections, and one of these (New York) required
+a property qualification from blacks but not from whites.
+The state of Illinois had an unrepealed black code similar
+to that of Kentucky, and had added to it, as lately as
+1853, a law for imprisoning any black or mulatto person
+brought into, or coming into, the state, for the purpose
+of residing there, whether free or otherwise. Some litigation
+for the enforcement of this act was begun in
+Cass County in 1863, while the Civil War was in progress.<a id="FNanchor_78_78"></a><a href="#Footnote_78_78" class="fnanchor">[78]</a></p>
+<p><span class="pagenum"><a id="Page_244">[244]</a></span></p>
+
+<div class="footnotes">
+<h3>FOOTNOTES:</h3>
+
+<div class="footnote"><p><a id="Footnote_76_76"></a><a href="#FNanchor_76_76"><span class="label">[76]</span></a> <i>Life of Garrison</i>, by his sons, <span class="smcap">iv</span>, 123.</p></div>
+
+<div class="footnote"><p><a id="Footnote_77_77"></a><a href="#FNanchor_77_77"><span class="label">[77]</span></a> Grant's testimony before the House Committee on the Judiciary, July 18,
+1867. McPherson, p. 303.</p></div>
+
+<div class="footnote"><p><a id="Footnote_78_78"></a><a href="#FNanchor_78_78"><span class="label">[78]</span></a> <i>Journal</i> of the Illinois State Historical Society, vol. <span class="smcap">iv</span>, no. 4.</p></div>
+</div>
+
+<hr class="chap" />
+
+<h2 id="CHAPTER_XVI">CHAPTER XVI</h2>
+
+<p class="h3">ANDREW JOHNSON'S FIRST MESSAGE</p>
+
+<p>Said the New York <i>Times</i>, December 6, 1865:</p>
+
+<blockquote><p>Probably no executive document was ever awaited with
+greater interest than the message transmitted to Congress yesterday.
+It is safe to say that none ever gave greater satisfaction
+when received. Its views on the most momentous subjects,
+domestic and foreign, that ever concerned the nation, are full
+of wisdom, and are conveyed with great force and dignity.</p></blockquote>
+
+<p>The original manuscript of the message thus eulogized
+was discovered nearly half a century later by Professor
+Dunning, of Columbia University, in the handwriting
+of George Bancroft, among the Johnson papers in the
+Library of Congress.</p>
+
+<p>It remains a document creditable alike to the man who
+composed it and to the one who made it his own by
+sending it as an official communication to Congress. It
+breathed the spirit of peace and harmony, of justice tempered
+with mercy, of human kindness and helpfulness,
+of self-abnegation and self-restraint, all couched in the
+tone of high statesmanship. It adhered, however, to the
+opinion previously expressed by the President, that the
+Executive had no right to extend the suffrage to persons
+to whom it had not been granted by state authority.</p>
+
+<p>A discriminating yet warm eulogium of the message
+was pronounced by the New York <i>Nation</i>, which was
+then in the sixth month of its existence. It had criticized
+the President's Reconstruction acts as too hasty. Two or
+three months' time it considered too short to reconcile
+whites and blacks and teach them to respect each other's<span class="pagenum"><a id="Page_245">[245]</a></span>
+rights. Nevertheless, taken for all in all, the message was
+one which every American might read with pride.</p>
+
+<blockquote><p>We do not know [it continued] where to look in any other part
+of the globe, for a statesman whom we could fix upon as likely
+to seize the points of so great a question, and state them with
+so much clearness and breadth, as this Tennessee tailor who
+was toiling for his daily bread in the humblest of employments
+when the chiefs of all other countries were reaping every advantage
+which school, college, and social position could furnish.
+Those who tremble over the future of democracy may well take
+heart again when men like Lincoln and Johnson can at any
+great crisis be drawn from the poorest ranks of society, and have
+the destinies of the nation placed in their hands with the free
+assurance that their very errors will be better and wiser than
+the skill and wisdom of kings and nobles. For if the President
+were to commit to-morrow every mistake or sin which his worst
+enemies have ever feared, his plan of Reconstruction would still
+remain the brightest example of humanity, self-restraint, and
+sagacity ever witnessed&mdash;something to which the history of no
+other country offers any approach, and which it is safe to say
+none but a democratic society would be capable of carrying out.</p></blockquote>
+
+<p>The statesmanship of George Bancroft did not govern
+very long. The irony of fate decreed that within two
+months of the time when such words as the foregoing
+were uttered by the most competent critics in the land,
+the President of whom they were spoken should be in bitter
+strife with the majority of his own party, and within
+two years be facing trial by impeachment.</p>
+
+<p>Andrew Johnson was born of a fighting race and in a
+region of fighters. He shared the poverty and ignorance
+of the mountaineers of East Tennessee. Hard labor was
+his portion in youth and early manhood. He was a tailor
+by trade.<a id="FNanchor_79_79"></a><a href="#Footnote_79_79" class="fnanchor">[79]</a> He could read, but could not write until he
+<span class="pagenum"><a id="Page_246">[246]</a></span>was married, when the latter accomplishment was imparted
+to him by his wife. With this kind of start he
+became, like Abraham Lincoln, and in much the same
+way and facing the same difficulties, a public speaker, and
+acquired by steady practice the faculty of making his
+meaning clear to the commonest understanding. When he
+found himself in the Senate of the United States, shortly
+before the outbreak of secession, he had few if any superiors
+as a debater in that body, and the Union had not a
+more unflinching defender, North or South. Alexander
+H. Stephens, a competent judge, considered Johnson's
+speech against secession the best one made in the Senate
+during the whole controversy. Secretary Seward, who accompanied
+him in his "swing around the circle" in 1866,
+said that he was then the best stump speaker in the country.
+Certainly the speech with which he began that tour
+at New York on the 29th of August was a great one. It
+fills five pages of McPherson's "History of Reconstruction."
+It was extemporaneous, but faultless in manner
+and matter; it was charged with the spirit of patriotism,
+and it will bear comparison with anything in the annals
+of American polemics. If he had made no other speech
+in that campaign the results might have been far different,
+and the Union party which elected him might have
+avoided the breach which soon became remediless.</p>
+
+<p>The first blow leading to this breach was struck by
+Sumner in the Senate, December 19, 1865, when he referred
+to a message of the President, of the previous day,
+on the condition of the South, as a "whitewashing message"
+akin to that of President Pierce on the affairs of
+<span class="pagenum"><a id="Page_247">[247]</a></span>Kansas. When Reverdy Johnson deprecated such an
+assault on the President of the United States, Sumner
+replied that it was "no assault at all," but after two other
+Senators (Doolittle and Dixon) had said that it was the
+same as accusing the President of falsifying, he replied
+that he did not so intend it, but he did not withdraw or
+modify it.</p>
+
+<p>Certain acts of Southern legislatures on the subjects of
+apprenticeship, vagrancy, domicile, wages, patrols, idleness,
+disobedience of orders, and violation of contracts
+on the part of laborers were early brought to the attention
+of the Thirty-ninth Congress. Many of these acts
+betokened an intention on the part of the lawmakers to
+reduce the freedmen to a state of serfdom or peonage.
+The Virginia legislature, for example, passed a vagrancy
+act, the ultimate effect of which, Major-General Terry
+said, would be to "reduce the freedmen to a condition
+of servitude worse than that from which they had been
+emancipated&mdash;a condition which will be slavery in all
+but its name." Whereupon the general, being in command
+of the military department, issued an order dated
+January 26, 1866, that "no magistrate, civil officer, or
+other person, shall, in any way or manner, apply or
+attempt to apply, the provisions of said statute to any
+colored person in this department." President Johnson
+refused to interfere with General Terry's order when it
+was brought to his attention.</p>
+
+<p>On the 13th of December, Senator Wilson, of Massachusetts,
+introduced a bill to declare invalid all acts,
+ordinances, rules, and regulations in the states lately in
+insurrection, in which any inequality of civil rights was
+established between persons on account of color, race,
+or previous condition of servitude. The Natick cobbler
+was as keen and fluent a debater as the Knoxville tailor.<span class="pagenum"><a id="Page_248">[248]</a></span>
+He had a Yankee drawl in his pronunciation which
+detracted from the real merits of his argument, and so it
+came to pass that, contrary to the usual fate of extempore
+speaking, his speeches read better than they
+sounded. His speech in support of his measure on the
+21st of December was in his best style. It was devoid of
+passion or invective. He cherished no ill-feeling toward
+any person, high or low, who had been engaged in the
+rebellion. He did not seek or desire to punish anybody.
+Least of all did he desire to raise an issue with the President.
+He wanted only peace, order, friendship, and
+brotherhood between North and South, as soon as possible;
+but there could be no peace with these statutes
+staring us in the face. Therefore, he demanded that they
+be swept into oblivion with the slave codes that had preceded
+them.</p>
+
+<p>Wilson desired an immediate vote on his bill. Senator
+Sherman thought that it ought to be referred to a committee
+and postponed until the anti-slavery amendment
+of the Constitution should be officially proclaimed.
+Trumbull concurred with Sherman. He said:</p>
+
+<blockquote><p>I do not rise, sir, with a view of discussing the bill under consideration:
+it is one relating to questions of a very grave character,
+and ought not to pass without due consideration. The
+Senator from Massachusetts tells us that it has been submitted
+to distinguished lawyers, and they all conceded its propriety,
+and nobody disputes the power of Congress to pass it. Doubtless
+that was their opinion and is the opinion of the Senator
+from Massachusetts. Perhaps it would be my opinion upon
+investigation. I will not undertake to say, at this time, what
+the powers of the Congress of the United States may be over
+the people in the lately rebellious states.</p>
+
+<p>There was a time between the suppression of the rebellion
+and the institution of any kind of government in those states
+when it was absolutely necessary that some power or other to
+prevent anarchy should have control. The Senator from Dela<span class="pagenum"><a id="Page_249">[249]</a></span>ware,
+and I believe the Senator from Maryland, said the rebellion
+was over, but at the time that the rebellion ceased there
+was no organized government whatever in most of the rebel
+states; and was the Government of the United States to withdraw
+its forces and leave the people in a state of anarchy for the
+time being? Surely not. As a consequence of the rebellion and
+of the authority clearly vested in the Government of the United
+States to put down the rebellion, in my judgment the Government
+had the right, in the absence of any local governments,
+to control and govern the people till state organizations could
+be set up by the people which should be recognized by the
+Federal Government as loyal and true to the Constitution. It
+must be so. It is a necessity of the condition of things.</p>
+
+<p>But, sir, I do not propose at this time to discuss this bill. It
+is one, I think, of too much importance to be passed without
+a reference to some committee. The bill does not go far enough,
+if what we have been told to-day in regard to the treatment of
+freedmen in the Southern States is true. The bill, perhaps, also
+may be premature in the sense stated by the Senator from
+Ohio. We have not yet the official information of the adoption
+of the constitutional amendment. That that amendment will
+be adopted, there is very little question; until it is adopted
+there may be some question (I do not say how the right is)
+as to the authority of Congress to pass such a bill as this, but
+after the adoption of the constitutional amendment there can
+be none.</p>
+
+<p>The second clause of that amendment was inserted for some
+purpose, and I would like to know of the Senator from Delaware
+for what purpose? Sir, for the purpose, and none other,
+of preventing state legislatures from enslaving, under any pretense,
+those whom the first clause declared should be free. It
+was inserted expressly for the purpose of conferring upon Congress
+authority by appropriate legislation to carry the first section
+into effect. What is the first section? It declares that
+throughout the United States and all places within their jurisdiction
+neither slavery nor involuntary servitude shall exist;
+and then the second section declares that Congress shall have
+authority by appropriate legislation to carry this provision into
+effect. What that "appropriate legislation" is, is for Congress
+to determine, and nobody else.</p></blockquote><p><span class="pagenum"><a id="Page_250">[250]</a></span></p>
+
+<p>Mr. Saulsbury here interrupted, saying, "I wish to
+ask the honorable Senator a question, with his consent,
+first answering his own. He asks me for what purpose
+that second section was introduced. I do not know; I
+had nothing to do with it. And now I wish to ask the
+honorable Senator whether, when it was before this body
+for adoption, he avowed in his advocacy of it that it was
+meant for such purposes as are now claimed."</p>
+
+<p>Then the following colloquy ensued:</p>
+
+<blockquote><p><span class="smcap">Mr. Trumbull.</span> I never understood it in any other way.</p>
+
+<p><span class="smcap">Mr. Saulsbury.</span> Did you state it to the Senate?</p>
+
+<p><span class="smcap">Mr. Trumbull.</span> I do not know that I stated it to the Senate.
+I might as well have stated to the Senator from Delaware that
+the clause which declared that Slavery should not exist anywhere
+within the United States means that slavery should
+not exist within the United States! I could make it no plainer
+by repetition or illustration than the statement itself makes it.
+I reported from the Judiciary Committee the second section of
+the constitutional amendment for the very purpose of conferring
+upon Congress authority to see that the first section was carried
+out in good faith, and for none other; and I hold that under
+that second section Congress will have the authority, when
+the constitutional amendment is adopted, not only to pass the bill
+of the Senator from Massachusetts, but a bill that will be much
+more efficient to protect the freedman in his rights. We may, if
+deemed advisable, continue the Freedmen's Bureau, clothe it
+with additional powers, and if necessary back it up with a military
+force, to see that the rights of the men made free by the
+first clause of the constitutional amendment are protected.
+And, sir, when the constitutional amendment shall have been
+adopted, if the information from the South be that the men
+whose liberties are secured by it are deprived of the privilege to
+go and come when they please, to buy and sell when they please,
+to make contracts and enforce contracts, I give notice that, if
+no one else does, I shall introduce a bill and urge its passage
+through Congress that will secure to those men every one of
+these rights: they would not be freemen without them. It is
+idle to say that a man is free who cannot go and come at pleas<span class="pagenum"><a id="Page_251">[251]</a></span>ure,
+who cannot buy and sell, who cannot enforce his rights.
+These are rights which the first clause of the constitutional
+amendment meant to secure to all; and to prevent the very
+cavil which the Senator from Delaware suggests to-day, that
+Congress would not have power to secure them, the second section
+of the amendment was added.</p>
+
+<p>There were some persons who thought it was unnecessary to
+add the second clause. It was said by some that wherever a
+power was conferred upon Congress there was also conferred
+authority to pass the necessary laws to carry that power into
+effect, under the general clause in the Constitution of the United
+States which declares that Congress shall have authority to pass
+all laws necessary and proper for carrying into execution any of
+the powers conferred by the Constitution. I think Congress
+would have had the power, even without the second clause, to
+pass all laws necessary to give effect to the provision making all
+persons free; but it was intended to put it beyond cavil and dispute,
+and that was the object of the second clause, and I cannot
+conceive how any other construction can be put upon it.</p>
+
+<p>Now, sir, I trust that this bill may be referred, because I
+think that a bill of this character should not pass without deliberate
+consideration and without going to some of the committees
+of the Senate. But the object which is had in view by this
+bill I heartily sympathize with, and when the constitutional
+amendment is adopted I trust we may pass a bill, if the action
+of the people in the Southern States should make it necessary,
+that will be much more sweeping and efficient than the bill
+under consideration. I will not sit down, however, without
+expressing the hope that no such legislation may be necessary.
+I trust that the people of the South, who in their state constitutions
+have declared that slavery shall no more exist among
+them, will by their own legislation make that provision effective.
+I trust there may be a feeling among them in harmony
+with the feeling throughout the country, and which shall not
+only abolish slavery in name, but in fact, and that the legislation
+of the slave states in after years may be as effective to elevate,
+enlighten, and improve the African as it has been in
+past years to enslave and degrade him.<a id="FNanchor_80_80"></a><a href="#Footnote_80_80" class="fnanchor">[80]</a></p></blockquote>
+<p><span class="pagenum"><a id="Page_252">[252]</a></span></p>
+<p>On the 18th of December the adoption of the anti-slavery
+amendment was officially announced. On the
+same day the President sent to the Senate two reports on
+the condition of affairs, and the state of opinion, in the
+South,&mdash;a very brief one from Lieutenant-General
+Grant and a much longer one from Major-General Carl
+Schurz. The former was an incidental result of a three
+weeks' tour of inspection for military purposes.</p>
+
+<p>General Grant had spent one day in Raleigh, North
+Carolina, two days in Charleston, South Carolina, and
+one day each in Savannah and Augusta, Georgia. The
+substance of his report was that he did not think it practicable
+to withdraw the military at present; that the citizens
+of the Southern States were anxious to return to
+self-government within the Union as soon as possible;
+that they were in earnest in wishing to do what they supposed
+was required of them by the Government and not
+humiliating to them as citizens.</p>
+
+<blockquote><p>I am satisfied [he said] that the mass of thinking men of the
+South accept the present situation of affairs in good faith. The
+questions which have heretofore divided the sentiment of the
+people of the two sections&mdash;slavery and state rights, or the
+right of a state to secede from the Union&mdash;they regard as having
+been settled forever by the highest tribunal&mdash;arms&mdash;that
+man can resort to. I was pleased to learn from the leading
+men whom I met that they not only accepted the decision
+arrived at as final, but, now that the smoke of battle has cleared
+away and time has been given for reflection, that this decision
+has been a fortunate one for the whole country, they receiving
+like benefits from it with those who opposed them in the field
+and in council.</p></blockquote>
+
+<p>He alluded to a belief widely spread among the freedmen
+that the lands of their former owners were to be
+divided, in part at least, among them and that this belief
+was seriously interfering with their willingness to make
+labor contracts for the ensuing year. Then he added:</p><p><span class="pagenum"><a id="Page_253">[253]</a></span></p>
+
+<blockquote><p>In some instances, I am sorry to say, the freedman's mind
+does not seem to be disabused of the idea that a freedman has
+the right to live without care or provision for the future. The
+effect of the belief in the division of lands is idleness and accumulation
+in camps, towns, and cities. In such cases, I think,
+it will be found that vice and disease will tend to the extermination
+or great reduction of the colored race. It cannot be
+expected that the opinions held by men at the South for years
+can be changed in a day; and, therefore, the freedmen require
+for a few years not only laws to protect them, but the fostering
+care of those who will give them good counsel and on whom
+they can rely.</p></blockquote>
+
+<p>General Schurz's investigation had been made at the
+special request of the President. He had spent three
+months in South Carolina, Georgia, Alabama, Mississippi,
+and Louisiana. The President, when appointing
+him, had said that his own policy of Reconstruction was
+merely experimental and subject to change if it did not
+lead to satisfactory results. Schurz says in his "Reminiscences?"<a id="FNanchor_81_81"></a><a href="#Footnote_81_81" class="fnanchor">[81]</a>
+that when he returned to Washington from
+his journey he had much difficulty in procuring an interview
+with the President; that the latter received him
+coldly and did not ask him for the results of his investigation;
+and that when he (Schurz) said that he intended
+to write a report, the President said that he need not
+take that trouble on his account. Schurz was convinced
+that the President wished to suppress his testimony and
+he resolved that he should not do so. He accordingly
+wrote the report and sent it in, with the accompanying
+documents, and let his friends in the Senate know that
+he had done so. On the 12th of December the Senate, on
+Sumner's motion, called for the report. The President did
+not respond immediately. In the mean time he had had
+a conversation with General Grant whose views were for
+<span class="pagenum"><a id="Page_254">[254]</a></span>the most part in accord with his own, and he asked the
+latter to communicate the information he had gained
+during his Southern tour in order to make it a part of his
+reply to the Senate Resolution. The reply occupies only
+one page and a half of McPherson's "Reconstruction."
+Schurz's consists of forty-four printed pages of text and
+fifty-eight pages of appendix; Schurz considered this the
+best paper he had ever written on a public matter, and
+there can be no doubt that it had great influence in Congress
+and on the Republican party. Yet the brief report
+of Grant was the sounder of the two. Indeed, Schurz
+himself in his later years had doubts as to the validity of
+his own conclusions.<a id="FNanchor_82_82"></a><a href="#Footnote_82_82" class="fnanchor">[82]</a></p>
+
+<p>Schurz's conclusions may be summarized thus:</p>
+
+<blockquote><p>If nothing were necessary but to restore the machinery of
+government in the states lately in rebellion in point of form,
+the movements made to that end by the people of the South
+might be considered satisfactory. But if it is required that the
+Southern people should also accommodate themselves to the
+result of the war in point of spirit, those movements fall far
+short of what must be insisted upon....</p>
+
+<p>The emancipation of the slaves is submitted to only in so far
+as chattel slavery in the old form could not be kept up. But
+although the freedman is no longer considered the property of
+the individual master, he is considered the slave of society, and
+<span class="pagenum"><a id="Page_255">[255]</a></span>all independent state legislation will share the tendency to make
+him such. The ordinances abolishing slavery, passed by the conventions
+under pressure of circumstances, will not be looked
+upon as barring the establishment of a new form of servitude.</p>
+
+<p>Practical attempts on the part of the Southern people to
+deprive the negro of his rights as a freeman may result in
+bloody collisions, and will certainly plunge Southern society
+into restless fluctuations and anarchical confusion. Such evils
+can be prevented only by continuing the control of the National
+Government in the states lately in rebellion until free labor is
+fully developed and firmly established, and the advantages and
+blessings of the new order of things have disclosed themselves.
+This desirable result will be hastened by a firm declaration, on
+the part of the Government, that national control in the South
+will not cease until such results are secured....</p>
+
+<p>The solution of the problem would be very much facilitated
+by enabling all the loyal and free-labor elements in the South
+to exercise a healthy influence upon legislation. It will hardly
+be possible to secure the freedman against oppressive class
+legislation and private persecution, unless he be endowed with
+a certain measure of political power.</p></blockquote>
+
+<p>It is fitting to notice here a letter written by Hon.
+J. L. M. Curry, of Alabama, to Senator Doolittle and
+read by him in the Senate on April 6, 1866.</p>
+
+<blockquote><p>I was [said Mr. Curry] a secessionist, for a while a member
+of the Confederate Congress, and afterward in the army, on the
+staff of generals, or in command of a regiment. It would be
+merest affectation to pretend that I was not somewhat prominent
+as a secessionist.... Having laid the predicate for my
+competency, I desire to aver, as a gentleman, and a Christian, I
+hope, that with large personal intercourse with the people and
+those who are suspected of rebel intentions, I never heard (of
+course, since the surrender) of any conspiracy or movement or
+society or purpose, secret or public, present or prospective, to
+overthrow the United States Government, to resist its authority,
+to <i>re&euml;nslave the negroes</i>, or in any manner to disturb the relations
+that now exist between the Southern States as constituent
+elements of the Federal Government and that Government,
+until I read of such intentions recently in Northern newspapers.<span class="pagenum"><a id="Page_256">[256]</a></span>
+With perfect certainty as to the truth of my affirmation, I can
+state that there is not a sane or sober man in Alabama who
+believes or expects that African slavery will be re&euml;stablished.
+As unalterable facts, the people accept the abolition of slavery,
+the extinction of the right of secession, and the supremacy of
+the Federal Government. It is as idle, a thousand times more
+so, to speak of another contemplated resistance to Federal
+authority as to anticipate the overthrow of the British Government
+by the Fenians.<a id="FNanchor_83_83"></a><a href="#Footnote_83_83" class="fnanchor">[83]</a></p></blockquote>
+
+<p>Mr. Curry's words were true, but at the time when they
+were written the weight of testimony available at Washington
+and in the North generally was of a contrary sort,
+and Mr. Curry counted for no more at the national
+capital than any other disarmed secessionist. At a later
+period he became known to the North as one of the great
+benefactors of his time and country, especially noted for
+his labors in educating and upbuilding both races in the
+Southern States.<a id="FNanchor_84_84"></a><a href="#Footnote_84_84" class="fnanchor">[84]</a></p>
+<p><span class="pagenum"><a id="Page_257">[257]</a></span></p>
+
+<div class="footnotes">
+<h3>FOOTNOTES:</h3>
+
+<div class="footnote"><p><a id="Footnote_79_79"></a><a href="#FNanchor_79_79"><span class="label">[79]</span></a> "For a man who had 'come from the people,' as he was fond of saying, and
+whose heart was always with the poor and distressed, Andrew Johnson was one
+of the neatest men in his dress and person I have ever known. During his three
+years in Nashville, in particular, he dressed in black broadcloth frock-coat and
+waistcoat and black doeskin trousers, and wore a silk hat. This had been his
+attire for thirty years, and for most of that time, whether as governor of Tennessee,
+member of Congress, or United States Senator, he had made all of his
+own clothes." (Benjamin C. Truman, Secretary to Andrew Johnson, in <i>Century
+Magazine</i>, January, 1913.)</p></div>
+
+<div class="footnote"><p><a id="Footnote_80_80"></a><a href="#FNanchor_80_80"><span class="label">[80]</span></a> <i>Cong. Globe</i>, 1865-66, I, 42, 43.</p></div>
+
+<div class="footnote"><p><a id="Footnote_81_81"></a><a href="#FNanchor_81_81"><span class="label">[81]</span></a> Vol. <span class="smcap">iii</span>, p. 202.</p></div>
+
+<div class="footnote"><p><a id="Footnote_82_82"></a><a href="#FNanchor_82_82"><span class="label">[82]</span></a> "It gives me some satisfaction now to say that none of those statements
+of fact have ever been effectually controverted. I cannot speak with the same
+assurance of my conclusions and recommendations, for they were matters not
+of knowledge but of judgment. And we stood at that time face to face with a
+situation bristling with problems so complicated and puzzling that every proposed
+solution based upon assumptions ever so just, and supported by reasoning
+apparently ever so logical, was liable to turn out in practice apparently more
+mischievous than any other. In a great measure this has actually come to
+pass.... I am far from saying that somebody else might not have performed
+the task much better than I did. But I do think that this report is the best
+paper I have ever written on a public matter. The weakest part of it is that
+referring to negro suffrage&mdash;not as if the argument, as far as it goes, were wrong,
+but as it leaves out of consideration several aspects of the matter, the great
+importance of which has since become apparent." (<i>Reminiscences</i>, <span class="smcap">iii</span>, 204, 209.)</p></div>
+
+<div class="footnote"><p><a id="Footnote_83_83"></a><a href="#FNanchor_83_83"><span class="label">[83]</span></a> <i>Cong. Globe</i>, 1865-66, p. 1808.</p></div>
+
+<div class="footnote"><p><a id="Footnote_84_84"></a><a href="#FNanchor_84_84"><span class="label">[84]</span></a> See <i>Biography of J. L. M. Curry</i>, by Alderman and Gordon, New York,
+1911.</p></div>
+</div>
+
+<hr class="chap" />
+
+<h2 id="CHAPTER_XVII">CHAPTER XVII</h2>
+
+<p class="h3">THE FREEDMEN'S BUREAU AND CIVIL RIGHTS BILLS</p>
+
+<p>On January 5, 1866, Trumbull introduced two measures
+which engrossed public attention during the next
+three months and enlarged the parting of the ways
+between Congress and the President. These were the
+Freedmen's Bureau Bill and the Civil Rights Bill. The
+former was a measure to continue in force and amend an
+act of Congress already in operation, but which would
+expire by limitation one year after the end of the war, and
+which had been passed to provide for needy and homeless
+whites, as well as blacks. It embraced also the temporary
+disposition of abandoned lands. Under its operation
+General Sherman had assigned some thousands of acres
+of abandoned land to freedmen for the purpose of giving
+them employment and enabling them to earn their own
+living, and they were in actual possession. Of course, the
+title to such lands would revert to the former owners,
+whenever military rule should come to an end. The
+Freedmen's Bureau Bill provided that in places where the
+ordinary course of judicial proceedings had been interrupted
+by the rebellion, and where any of the civil rights
+enjoyed by white persons were denied to other persons
+by reason of race, color, or previous condition of servitude,
+the latter should be under military protection and
+jurisdiction, which should be exercised by the Commissioner
+of the Freedmen's Bureau under orders of the
+President of the United States, and that any person, who,
+under color of any state or local law or custom, should
+infringe such rights, should be punished by fine or imprisonment<span class="pagenum"><a id="Page_258">[258]</a></span>
+or both. The courts authorized to hear and
+decide such cases were to consist of the officers and agents
+of the Bureau, without jury trial and without appeal;
+but this jurisdiction should not exist in any state after it
+should have been restored to its constitutional relations
+to the Union.</p>
+
+<p>The last-mentioned feature of the bill brought up the
+question whether Congress had power under the Constitution
+in time of peace to pass laws for the ordinary
+administration of justice in the states. Senator Hendricks,
+of Indiana, had doubts on that point. In a debate
+on the 19th of January, 1866, he said:</p>
+
+<blockquote><p>My judgment is that under the second section of the [thirteenth]
+constitutional amendment we may pass such a law as
+will secure the freedom declared in the first section, but that we
+cannot go beyond that limitation.<a id="FNanchor_85_85"></a><a href="#Footnote_85_85" class="fnanchor">[85]</a></p></blockquote>
+
+<p>To this Trumbull replied:</p>
+
+<blockquote><p>If the construction put by the Senator from Indiana upon
+the amendment be the true one, and we have merely taken
+from the master the power to control the slave and left him at
+the mercy of the state to be deprived of his civil rights, the
+trumpet of freedom that we have been blowing throughout the
+land has given an uncertain sound, and the promised freedom
+is a delusion. Such was not the intention of Congress, which
+proposed the Constitutional amendment itself. With the destruction
+of slavery necessarily follows the destruction of the
+incidents of slavery. When slavery was abolished slave codes
+in its support were abolished also.</p>
+
+<p>Those laws that prevented the colored man going from home,
+that did not allow him to buy or to sell, or to make contracts;
+that did not allow him to own property; that did not allow him
+to enforce rights; that did not allow him to be educated, were
+all badges of servitude made in the interest of slavery and as
+a part of slavery. They never would have been thought of or
+enacted anywhere but for slavery, and when slavery falls they
+<span class="pagenum"><a id="Page_259">[259]</a></span>fall also. The policy of the States where slavery has existed has
+been to legislate in its interest; and out of deference to slavery,
+which was tolerated by the Constitution of the United
+States, even some of the non-slaveholding states passed laws
+abridging the rights of the colored man which were restraints
+upon liberty. When slavery goes, all this system of legislation,
+devised in the interest of slavery and for the purpose of degrading
+the colored race, of keeping the negro in ignorance, of blotting
+out from his very soul the light of reason, if that were
+possible, that he might not think, but know only, like the ox,
+to labor, goes with it.</p>
+
+<p>Now, when slavery no longer exists, the policy of the Government
+is to legislate in the interest of freedom. Now, our
+laws are to be enacted with a view to educate, improve, enlighten,
+and Christianize the negro; to make him an independent
+man; to teach him to think and to reason; to improve that
+principle which the Great Author of all has implanted in every
+human breast, which is susceptible of the highest cultivation,
+and destined to go on enlarging and expanding through the
+endless ages of eternity.</p>
+
+<hr class="tb" />
+
+<p>If in order to prevent slavery Congress deem it necessary to
+declare null and void all laws which will not permit the colored
+man to contract, which will not permit him to testify, which
+will not permit him to buy and sell, and to go where he pleases,
+it has the power to do so, and not only the power, but it becomes
+its duty to do so. That is what is provided to be done by
+this bill. Its provisions are temporary; but there is another bill
+on your table, somewhat akin to this, which is intended to be
+permanent, to extend to all parts of the country, and to protect
+persons of all races in equal civil rights.</p>
+
+<hr class="tb" />
+
+<p>I hope that the people of the rebellious states themselves
+will conform to the existing condition of things. I do not expect
+them to change all their opinions and prejudices. I do not
+expect them to rejoice that they have been discomfited. But
+they acknowledge that the war is over; they agree that they can
+no longer contend in arms against the Government; they say
+they are willing to submit to its authority; they say in their
+state conventions that slavery shall no more exist among them.<span class="pagenum"><a id="Page_260">[260]</a></span>
+With the abolition of slavery should go all the badges of servitude
+which have been enacted for its maintenance and support.
+Let them all be abolished. Let the people of the rebellious
+states now be as zealous and as active in the passage of laws and
+the inauguration of measures to elevate, develop, and improve
+the negro, as they have hitherto been to enslave and degrade
+him. Let them do justice and deal fairly with loyal Union men
+in their midst, and henceforth be themselves loyal, and this
+Congress will not have adjourned till the states whose inhabitants
+have been engaged in the rebellion will be restored to their
+former position in the Union, and we shall all be moving on in
+harmony together.<a id="FNanchor_86_86"></a><a href="#Footnote_86_86" class="fnanchor">[86]</a></p></blockquote>
+
+<p>In short, Trumbull held that it was for Congress to
+decide what rights might be established and enforced by
+federal law, in addition to that of emancipation. That
+this was to be a troublesome question was shown a little
+later by a colloquy between Trumbull and Henderson.
+The latter was of the opinion that the only sure way to
+protect the freedmen was to give them the right to vote.
+Trumbull thought that, for the present purpose of providing
+them with food, clothing, and shelter, Dr. Townsend's
+Sarsaparilla or any other patent medicine, would
+be as effectual as the right of suffrage.<a id="FNanchor_87_87"></a><a href="#Footnote_87_87" class="fnanchor">[87]</a> Sumner, a little
+later, thought that the right to serve on juries and to
+hold office was among the essential securities of freedom,
+and Thaddeus Stevens thought that land-ownership also
+was necessary. What could be done under the second
+clause of the Thirteenth Amendment was the question,
+either expressed or implied, underlying the whole controversy
+on Reconstruction during the next ten years.</p>
+
+<p>It was commonly believed that the President would
+approve the Freedmen's Bureau Bill; hence, when a veto
+message came, on the 19th of February, it was received
+with consternation by the Republicans in Congress. He
+<span class="pagenum"><a id="Page_261">[261]</a></span>held that the bill was both unconstitutional and inexpedient.
+It had been passed in the Senate by yeas 37, nays
+10, every Republican voting for it and every Democrat
+against it. There were three absentees when the vote
+was taken: Cowan and Willey, Republicans, and Nesmith,
+Democrat. There was ample margin here for
+passing the bill over the veto, if the Republicans could
+hold together, but when the second vote was taken,
+February 20, the yeas were 30, and the nays 18, not two
+thirds. So the bill failed. Eight Republicans, Cowan,
+Dixon, Doolittle, Morgan, Norton, Stewart, Van Winkle,
+and Willey, had sided with the President. There were
+two absentees: Foot (Rep.), of Vermont, and Wright
+(Dem.), of New Jersey, both sick.</p>
+
+<p>The question of negro suffrage had not yet become
+acute in public discussions. The state of public opinion in
+the North was fairly set forth by Dr. C. H. Ray in a
+private letter to Trumbull dated Chicago, February 7,
+thus:</p>
+
+<blockquote><p>If he [Johnson] will agree to your bill giving the freedmen the
+civil rights that the whites enjoy, and if he halts at that, and
+war is made on him because he will not go to the extent of negro
+suffrage, he will beat all who assail him. The party may be
+split, the Government may go out of Republican hands; but
+Andy Johnson will be cock-of-the-walk. The people, so far as
+I understand, are of the opinion that the war for the Union is
+over.... And as for the negro, they think that when he has
+the rights which your bill will give him, he must be contented
+to look upon the elective franchise as a something to be earned
+by giving evidence of his fitness therefor.</p></blockquote>
+
+<p>The excitement caused by the veto of the Freedmen's
+Bureau Bill was still further intensified by a struggle on
+a side issue, in which Trumbull took the leading part,
+and which involved the seat of the Democratic Senator
+Stockton, of New Jersey. He had been chosen by the<span class="pagenum"><a id="Page_262">[262]</a></span>
+Legislature of his state in joint meeting on March 15,
+1865. The Democrats had a majority of five in the legislature,
+but had been unable, at first, to agree upon a candidate.
+Accordingly, the joint meeting, by a vote of 41
+to 40, adopted a rule that any person receiving a plurality
+of the votes cast for Senator should be declared elected.
+In pursuance of this rule, a vote was taken by roll-call
+and John P. Stockton received 40 votes, John C. Ten
+Eyck received 37 votes, and there were 4 scattering, the
+total number being 81. Stockton was accordingly declared
+elected without objection, and the joint meeting
+adjourned <i>sine die</i>.</p>
+
+<p>When Congress assembled in December, Stockton's
+certificate of election, in due form, was presented and he
+was sworn in. A protest, however, had been signed by
+all the Republican members of the New Jersey legislature
+and this was presented by Senator Cowan by request. It
+affirmed that Stockton had not received the votes of a
+majority of the members, as required by a law of the
+state. The protest and credentials were referred to the
+Committee on the Judiciary, which consisted of five
+Republicans (Trumbull, Harris, Clark, Poland, and
+Stewart) and one Democrat (Hendricks).</p>
+
+<p>Trumbull, in behalf of the committee, reported that
+Stockton was duly elected and entitled to the seat. All
+the members concurred except Clark, of New Hampshire.
+Regarding the law of the state, which required a majority
+to elect, the report said that the state constitution
+denominated and recognized the two houses, either in
+joint session, or separately, as "The Legislature"; that
+the legislature, in either capacity, had the right to make
+its own rules; and that since a majority had voted for the
+plurality rule the subsequent action taken in pursuance
+of it was the act of the majority. There was room for an<span class="pagenum"><a id="Page_263">[263]</a></span>
+honest difference of opinion, since the enactment of a law
+required action by the two houses separately and a submission
+of the same to the governor. On this point, however,
+Trumbull quoted from "Story on the Constitution"
+to the effect that, since the governor had nothing to do
+with the choice of Senators, he was eliminated from
+consideration in any and all steps leading thereto.</p>
+
+<p>It happened at this time that one Republican Senator,
+Foot, of Vermont, and one Democrat, Wright, of New
+Jersey, were absent by reason of serious illness. Wright
+had gone to his home in Newark for treatment, but,
+before going, had paired with Morrill, of Maine, on the
+question of his colleague's contested election. When the
+debate was drawing to a close, severe pressure was put
+upon Morrill by his radical friends in the Senate to
+declare his pair off, and to vote against Stockton. When
+the vote was taken, on concurring in the report of the
+Judiciary Committee, the yeas were 21 and the nays 20.
+Stockton himself had not voted. Twelve of the affirmative
+votes were Republicans. Before the result was announced,
+Senator Morrill, who had withheld his vote,
+asked the Secretary to call his name, and then voted in
+the negative, making a tie. Then Senator Stockton said
+that Morrill had been paired with his colleague on this
+question, and that Wright had told him before he went
+away that he would not go home at all without first
+obtaining a pair on this question. Under such circumstances
+he (Stockton) felt at liberty to vote in his own
+behalf. So he directed the Secretary to call his name and
+he voted in the affirmative. Morrill admitted that the
+pair had been made, but said that when it was made he
+had not contemplated that it would run so long (seven
+weeks), and that he therefore felt at liberty to vote. He
+added, with apparent satisfaction, that his vote did not<span class="pagenum"><a id="Page_264">[264]</a></span>
+change the result. This was true, but Stockton's vote did
+change it to his own disadvantage.</p>
+
+<p>The result was announced; yeas 22, nays 21. If
+Stockton had not voted, the result would have been a tie,
+and he would have held his seat. His opponents had
+exhausted their resources and there was no parliamentary
+way of trying the case over again. By casting a vote in his
+own case he gave them a weapon with which to renew the
+fight.</p>
+
+<p>When the Senate reassembled, Sumner moved that the
+journal be corrected by striking out Stockton's name
+from the vote last taken, on the ground that he had no
+right to vote in his own case. The subject was thus
+brought up again, and the result was a reconsideration of
+the vote of the previous day. Trumbull concurred in the
+view that the question before the Senate was judicial in
+its nature and that, therefore, Stockton could not vote
+when his own seat was in question.</p>
+
+<p>On the last day of the debate a telegram was received
+from Senator Wright requesting a postponement of the
+vote till the following day, saying that he would then be
+in his seat or would not ask further delay. His request
+was supported by Reverdy Johnson in a pathetic appeal
+to the fraternal feeling and gentlemanly instincts of
+Senators; but Clark, who led the opposition, objected
+strenuously to any postponement, although two postponements
+had been previously granted on account of his
+own illness.</p>
+
+<p>On the motion to postpone till the following day the
+vote was, yeas 21, nays 22. Senator Dixon, a Republican
+supporter of Stockton, had fallen sick and was absent.
+Senator Stewart, another Republican supporter, was
+absent when the vote was taken, although he had been in
+the Senate Chamber earlier in the day; he had dodged.<span class="pagenum"><a id="Page_265">[265]</a></span>
+All the members of the Judiciary Committee, who had
+signed the original report in favor of Stockton, voted for
+him to the last, except Stewart. If he and Dixon had
+been present, the final vote would have been postponed,
+and in all probability Stockton would have retained his
+seat, although Morgan, of New York, who had voted for
+postponement, changed on the very last vote, which
+was against Stockton, 20 to 23.</p>
+
+<p>An impartial reader of the whole debate, in the calm
+atmosphere of the present day, will be apt to conclude
+that partisan zeal rather than judicial fairness was the
+deciding factor in Stockton's case, and that the heat
+developed in the contest was due to a desire on the part of
+the majority to gain a two-thirds vote in order to overcome
+the President's vetoes.</p>
+
+<hr class="tb" />
+
+<p>Consideration of the Civil Rights Bill began on the
+29th of January, on an amendment proposed by Trumbull
+which provided that all persons of African descent born
+in the United States should be citizens thereof, and there
+should be no discrimination in civil rights or immunities
+among the inhabitants of any state or territory on account
+of race, color, or previous condition of slavery. The question
+was not merely whether this provision was just, but
+whether Congress had power under the Constitution to
+pass laws for the ordinary administration of justice in the
+states. On this point Trumbull said:</p>
+
+<blockquote><p>Under the constitutional amendment which we have now
+adopted, and which declares that slavery shall no longer exist,
+and which authorizes Congress by appropriate legislation to
+carry this provision into effect, I hold that we have a right to
+pass any law which, in our judgment, is deemed appropriate,
+and which will accomplish the end in view, secure freedom to all
+people in the United States. The various state laws to which
+I have referred,&mdash;and there are many others,&mdash;although<span class="pagenum"><a id="Page_266">[266]</a></span>
+they do not make a man an absolute slave, yet deprive him of
+the rights of a freeman; and it is perhaps difficult to draw the
+precise line, to say where freedom ceases and slavery begins, but
+a law that does not allow a colored person to go from one county
+to another is certainly a law in derogation of the rights of a
+freeman. A law that does not allow a colored person to hold property,
+does not allow him to teach, does not allow him to preach,
+is certainly a law in violation of the rights of a freeman, and
+being so may properly be declared void.</p>
+
+<p>Without going elaborately into this question, as my design
+was to state rather than to argue the grounds upon which I
+place this bill, I will only add on this branch of the subject that
+the clause of the Constitution, under which we are called to
+act, in my judgment vests Congress with the discretion of
+selecting that "appropriate legislation" which it is believed
+will best accomplish the end and prevent slavery.</p>
+
+<p>Then, sir, the only question is, will this bill be effective to
+accomplish the object, for the first section will amount to nothing
+more than the declaration in the Constitution itself unless
+we have the machinery to carry it into effect. A law is good for
+nothing without a penalty, without a sanction to it, and that is
+to be found in the other sections of the bill. The second section
+provides:</p>
+
+<p>"That any person, who under color of any law, statute, ordinance,
+regulation, or custom, shall subject or cause to be subjected
+any inhabitant of any state or territory to the deprivation
+of any right secured or protected by this act, or to different
+punishment, pains, or penalties on account of such person having
+at any time been held in a condition of slavery or involuntary
+servitude, except as a punishment for crime whereof the
+party shall have been duly convicted, or by reason of his color
+or race, than is prescribed for the punishment of white persons,
+shall be deemed guilty of a misdemeanor, and on conviction
+shall be punished by fine not exceeding $1000, or imprisonment
+not exceeding one year, or both, in the discretion of the court."</p>
+
+<p>This is the valuable section of the bill so far as protecting
+the rights of freedmen is concerned. That they are entitled to
+be free we know. Being entitled to be free under the Constitution,
+that we have a right to enact such legislation as will make
+them free, we believe; and that can only be done by punishing<span class="pagenum"><a id="Page_267">[267]</a></span>
+those who undertake to deny them their freedom. When it
+comes to be understood in all parts of the United States that
+any person who shall deprive another of any right, or subject
+him to any punishment in consequence of his color or race, will
+expose himself to fine and imprisonment, I think all such acts
+will soon cease.<a id="FNanchor_88_88"></a><a href="#Footnote_88_88" class="fnanchor">[88]</a></p></blockquote>
+
+<p>Senator Saulsbury, of Delaware, contended that the
+Thirteenth Amendment of the Constitution had given no
+power to Congress to confer upon free negroes rights and
+privileges which had not been conceded to them by the
+states where they resided. He said that in Maryland
+about one half of the colored population were free before
+the Thirteenth Amendment was adopted, that in Delaware
+the free negroes largely outnumbered the slaves, and
+that in Kentucky the free negroes were a large part of the
+population. All that the Thirteenth Amendment did was
+to put the slave population on the same footing on which
+the free negroes already stood. Congress had no power
+to legislate on the status of free negroes in the several
+states before the Civil War. But the powers of Congress
+in this respect had not been enlarged by anything in the
+Thirteenth Amendment. That amendment had merely
+said that the condition of slavery&mdash;the condition in
+which one man belongs to another, which gives that other
+a right to appropriate the profits of his labor to his own
+use and to control his person&mdash;should no longer exist.
+Those who voted for the amendment might have contemplated
+a larger exercise of power by Congress than mere
+emancipation, but they did not avow it on the floor of the
+Senate when the measure was pending. He continued:</p>
+
+<blockquote><p>The honorable Senator from Illinois has avowed that he does
+not propose by this bill to confer any political power. I have
+no doubt the Senator is perfectly honest in that declaration,
+<span class="pagenum"><a id="Page_268">[268]</a></span>and that he personally does not mean to give any political
+power, for instance, the right of voting, not only to the freedmen,
+but to the whole race of negroes; but the intention of the
+Senator in framing this bill will not govern its construction,
+and I have not the least doubt that, should it be enacted and
+become a law, it will receive very generally, if not universally,
+the construction that it does confer a right of voting in the
+states; and why do I say so? Says the Senator, "It confers no
+political power; I do not mean that." The question is not what
+the Senator means, but what is the legitimate meaning and
+import of the terms employed in the bill. Its words are,
+"That there shall be no discrimination in civil rights or immunities."
+What are civil rights? What are the rights which you,
+I, or any citizen of this country enjoy? What is the basis, the
+foundation of them all? They are divisible into two classes;
+one, those rights which we derive from nature, and the other
+those rights which we derive from government. I will admit
+that you may divide and subdivide the rights which you derive
+from government into different classifications; you may call
+some, for the sake of convenience and more definiteness of
+meaning, political; you may call others civil.</p>
+
+<hr class="tb" />
+
+<p>What is property? It has been judicially decided that the
+elective franchise is property. Leaving out the question of voting,
+however, as a question of property, is it not true that,
+under our republican form and system of government, the ballot
+is one of the means by which property is secured? Your bill
+gives to these persons every security for the protection of person
+and property which a white man has. What is one means
+and a very important means of securing the rights of person
+and property? It is a voice in the Government which makes
+the laws regulating and governing the right of property. Under
+our system of government&mdash;mark you, I do not say that it is
+so under all governments&mdash;one of the strongest and most
+efficient means for the security of person and property is a participation
+in the selection of those who make the laws. It was
+therefore that I thought that the honorable Senator when he
+framed this bill meant to give to these persons the right of voting;
+and I should still think so but for his personal disclaimer
+of any such object.</p></blockquote><p><span class="pagenum"><a id="Page_269">[269]</a></span></p>
+
+<p>Senator Van Winkle (Unionist), of West Virginia, contended
+that negroes were not citizens of the United States
+and could not be made such by act of Congress, or by
+anything short of constitutional amendment. He was
+opposed to the introduction of inferior races into the
+ranks of citizenship, but if the Constitution should be
+changed in the mode provided for its amendment so as to
+introduce negroes, Indians, Chinese, and other alien races
+to citizenship, he would endeavor to do his whole duty
+toward them by recognizing them as citizens in every
+respect.</p>
+
+<p>Senator Cowan held that the second clause of the Thirteenth
+Amendment of the Constitution was limited to the
+breaking of the bond by which the negro slave was held
+by his master. It was not intended to revolutionize all the
+laws of the various states. The bill under consideration
+would not only repeal statutes of Pennsylvania, but
+would subject the judges of her courts to criminal prosecution,
+for enforcing her own laws. He (Cowan) was willing
+to vote for an amendment of the Constitution giving
+Congress the power to secure to all men of every race,
+color, and condition their natural rights to life, liberty,
+and property, but the bill under consideration was an
+attempt to do, without any power, that which it was very
+questionable whether we ought to do, even if we had the
+power. Cowan concluded by arguing that Congress ought
+not to enact laws affecting the Southern States so radically,
+when they were not represented in Congress.</p>
+
+<p>Senator Howard, of Michigan, supported the bill in a
+speech of great force from the humanitarian point of
+view, but did not dwell upon the constitutional question,
+except to affirm that he, as a member of the Judiciary
+Committee which had reported the Thirteenth Amendment,
+had intended, by the second clause thereof, to<span class="pagenum"><a id="Page_270">[270]</a></span>
+empower Congress to enact such measures as the pending
+Civil Rights Bill.</p>
+
+<p>Garrett Davis, of Kentucky, contended that negroes
+could not be made citizens of the United States under the
+power granted to Congress to pass naturalization laws,
+since naturalization applied only to foreigners. Negroes
+born in this country were not foreigners.</p>
+
+<p>Trumbull replied that free negroes were citizens under
+the fourth article of the Confederation, prior to the adoption
+of the Constitution and that an attempt to exclude
+them from citizenship on the 25th of June, 1778, received
+only two votes in the Congress of the Confederation. He
+quoted a decision of Judge Gaston, of North Carolina,
+that free negroes born in that state were citizens of the
+state and that slaves manumitted there became citizens
+by the fact of manumission.</p>
+
+<p>Reverdy Johnson held that it was as competent for
+Congress to strike out the word "white" from our naturalization
+law as it had been for a former Congress to
+insert that word. In that case a negro migrating from
+Africa to the United States might be made a citizen
+exactly like an immigrant from Europe.</p>
+
+<p>Garrett Davis denied this, saying:</p>
+
+<blockquote><p>This is a government and a political organization by white
+people. It is a principle of that Government and that organization,
+before and below the Constitution, that nobody but
+white people are or can be parties to it.</p></blockquote>
+
+<p>The colloquy between Senators Johnson and Davis
+continued until the latter affirmed that the making of
+negroes citizens by any process whatsoever was "revolutionary,"
+as destructive to our Government as would be a
+bill establishing a monarchy, or declaring that the President
+should hold office for life.<a id="FNanchor_89_89"></a><a href="#Footnote_89_89" class="fnanchor">[89]</a></p>
+<p><span class="pagenum"><a id="Page_271">[271]</a></span></p>
+<p>The debate continued till February 2, Senators
+Guthrie, Hendricks, and Cowan opposing the bill and
+Trumbull, Fessenden, and Wilson supporting it. The
+vote was then taken and resulted, yeas 33, nays 12, absent
+5. It went to the House, where it encountered unexpected
+opposition from Bingham, of Ohio, a radical Republican,
+who said:</p>
+
+<blockquote><p>Now what does this bill propose? To reform the whole civil
+and criminal code of every State Government by declaring that
+there shall be no discrimination between citizens on account of
+race or color in civil rights, or in the penalties prescribed by
+their laws. I humbly bow before the majesty of justice, as I
+bow before the majesty of that God whose attribute it is, and
+therefore declare that there should be no such inequality or
+discrimination even in the penalties for crime, but what power
+have you to correct it? That is the question. You further say
+that in the courts of justice of the several states there shall, as to
+the qualifications of witnesses, be no discrimination on account
+of race or color. I agree that as to persons who appreciate the
+obligation of an oath&mdash;and no others should be permitted to
+testify&mdash;there should be no such discrimination. But whence
+do you derive power to cure it by congressional enactment?
+There should be no discrimination among citizens of the
+United States, in the several states, of like sex, age, and condition,
+in regard to the franchises of office. But such a discrimination
+does exist in nearly every state. How do you propose to
+cure all this? By a congressional enactment? How? Not by saying
+in so many words (which would be the bold and direct way
+of meeting this issue) that every discrimination of this kind,
+whether existing in state constitution or state law, is hereby
+abolished. You propose to make it a penal offence for the judges
+of the states to obey the constitution and laws of their states,
+and for their obedience thereto to punish them by fine and
+imprisonment as felons. I deny your power to do this. You
+cannot make an official act done under color of law and without
+criminal intent and from a sense of duty, a crime.<a id="FNanchor_90_90"></a><a href="#Footnote_90_90" class="fnanchor">[90]</a></p></blockquote>
+
+<p>The only Republican member of the House, from the
+<span class="pagenum"><a id="Page_272">[272]</a></span>non-slaveholding states, who sided with Bingham, was
+Raymond, of New York. The House passed the bill by
+yeas 111, nays 38.</p>
+
+<p>On the 27th of March, the President returned the bill to
+the Senate without his approval. He vetoed it on grounds
+of inexpediency and unconstitutionality. His arguments
+were substantially the same as those of Senators Saulsbury
+and Cowan.</p>
+
+<p>Trumbull replied to the veto message in a speech of
+great power which occupies five pages of the <i>Congressional
+Globe</i>. He took up and answered the President's objections
+<i>seriatim</i>. These details need not now be repeated. There
+was one of a personal character, however, which calls for
+notice. He said that he had endeavored to meet the President's
+wishes in the preparation of both the bills, and had
+called upon him twice and had given him copies of them
+before they were introduced and asked his co&ouml;peration in
+order to make them satisfactory. In short, he had done
+everything possible to avoid a conflict between the executive
+and legislative branches of the Government, and
+since he had been assured that the President's aims, like
+his own, were in the direction of peace and concord, he was
+amazed when they were vetoed. At the conclusion of his
+speech he referred briefly to the constitutional objection
+to the bill saying:</p>
+
+<blockquote><p>If the bill now before us, which goes no further than to secure
+civil rights to the freedmen, cannot be passed, then the constitutional
+amendment proclaiming freedom to all the inhabitants
+of the land is a cheat and a delusion.</p></blockquote>
+
+<p>The floor and galleries of the Senate Chamber were
+crowded during the delivery of the speech and the roll-call
+followed immediately, resulting: yeas 33, nays 15, more
+than two thirds. The closing scene was thus described in a
+Washington letter to the <i>Nation</i>, April 12:</p><p><span class="pagenum"><a id="Page_273">[273]</a></span></p>
+
+<blockquote><p>After three days of extremely ardent debate signalized by a
+speech of singular cogency and power from Senator Trumbull,
+the father of the bill, the vote was reached about 7 o'clock on
+Friday evening. When the end of the roll was reached and
+Vice-President Foster announced the result, nearly the whole
+Senate and auditory were carried off their feet and joined in a
+tumultuous outburst of cheering such as was never heard within
+those walls before.</p></blockquote>
+
+<p>The veto of the Civil Rights Bill and the struggle over
+its passage the second time precipitated the exciting contest
+at the polls in the autumn of 1866. In that campaign
+Trumbull held the foremost position in the Republican
+column. Whether it was possible to avoid the conflict we
+cannot now say. It was most desirable that the party in
+power should march all one way, and hence that the President
+should respond to the friendly overtures of the leaders
+in Congress. When he found that he could not approve
+the two bills that the Senator had placed in his
+hands for examination, he ought to have sent for him and
+pointed out his objections and at all events expressed regret
+that he could not concur with him in the particulars
+where they disagreed. Then there might have been mutual
+concessions leading to harmony. In any event, there would
+have been no sting left behind, no hard feeling, no sense
+of injury, and perhaps no rupture in the party. That
+was not Johnson's way. He lacked <i>savoir faire</i>. He was
+combative by nature. He not only made personal enemies
+unnecessarily, but he alienated thousands who wished to
+be his friends.<a id="FNanchor_91_91"></a><a href="#Footnote_91_91" class="fnanchor">[91]</a> "Many persons," says a not unfriendly
+critic, "whose feelings were proof against the appeals
+made on behalf of the freedmen and loyalists were carried
+<span class="pagenum"><a id="Page_274">[274]</a></span>over to the side of Congress by sheer disgust at Johnson's
+performances. The alienation, by the President, of this
+essentially thoughtful and conservative element of the
+Northern voters was as disastrous and inexcusable as the
+alienation of those moderate men in Congress whom he
+had repelled by his narrow and obstinate policy in regard
+to the Freedmen's Bureau and Civil Rights Bills. It was
+again demonstrated that Andrew Johnson was not a
+statesman of national size in such a crisis as existed in
+1866."<a id="FNanchor_92_92"></a><a href="#Footnote_92_92" class="fnanchor">[92]</a></p>
+
+<p>On the other hand, it must be admitted that Johnson
+was within his constitutional right in vetoing the bills
+without previously consulting anybody in Congress.</p>
+
+<p>The Civil Rights Act came before the Circuit Court of
+the United States twice, soon after it was enacted, and in
+both instances was held to be constitutional. The circuit
+courts were then presided over by Justices of the Supreme
+Court. In the case of United States <i>v.</i> Rhodes, Seventh
+Circuit, District of Kentucky, 1866, before Justice
+Swayne, the act was pronounced constitutional in all its
+provisions, and held to be an appropriate method of exercising
+the power conferred on Congress by the Thirteenth
+Amendment.</p>
+
+<p>The other case was the Matter of Turner, Fourth Circuit,
+Maryland, October Term, 1867, before Chief Justice
+Chase. This case was submitted to the court without
+argument. The Chief Justice expressed regret that it was
+not accompanied by arguments of counsel, but he decided
+that the act was constitutional and that it applied to all
+conditions prohibited by it, whether originating in transactions
+before, or since, its enactment.<a id="FNanchor_93_93"></a><a href="#Footnote_93_93" class="fnanchor">[93]</a></p>
+<p><span class="pagenum"><a id="Page_275">[275]</a></span></p>
+<p>If either of these cases had been taken to the Supreme
+Court on appeal, at that time, the Civil Rights Act of
+1866 would doubtless have been upheld by that body; yet
+in October, 1882, the court held by unanimous vote that
+none of the latest amendments of the Constitution (the
+Thirteenth, Fourteenth, and Fifteenth) did more than put
+prohibition on the action of the states. No state should
+have slavery; no state should make any law to abridge
+the privileges and immunities of citizens of the United
+States; no state should deny the right of voting by reason
+of race, color, or previous condition of servitude. The
+power of Congress to go into the states to enforce the
+criminal law against individuals had not been granted in
+any of these amendments. It could not be affirmed that
+the second section of the Thirteenth Amendment gave
+power to Congress to legislate for the states as to other
+matters than actual slavery. But the Civil Rights Act
+applied to all the states&mdash;to those where slavery had
+never existed as well as to those where it had been
+recently abolished.<a id="FNanchor_94_94"></a><a href="#Footnote_94_94" class="fnanchor">[94]</a></p>
+
+<p>The act which the court in October, 1882, pronounced
+unconstitutional was the Anti-Ku-Klux Act of 1871.
+Trumbull himself spoke and voted against that act believing
+it to be unconstitutional, as we shall see later.
+He drew the line somewhere between the two acts. The
+judges participating in the decision in the Harris case
+were Chief Justice Waite and Associate Justices Miller,
+Bradley, Woods, Gray, Field, Harlan, Matthews, and
+Blatchford.</p>
+
+<p>One year later the court held that the Equal Rights Act
+of March 1, 1875, which gave to all persons full and equal
+enjoyment of accommodations and privileges of inns,
+public conveyances, theatres, and other places of public
+<span class="pagenum"><a id="Page_276">[276]</a></span>amusement, common schools and public institutions of
+learning or benevolence supported in whole or in part by
+general taxation, was unconstitutional. The Supreme
+Court still consisted of the Justices above named.<a id="FNanchor_95_95"></a><a href="#Footnote_95_95" class="fnanchor">[95]</a>
+It held that the Thirteenth Amendment of the Constitution
+related only to slavery and its incidents and that the
+Fourteenth Amendment was merely prohibitory on the
+states; that is, that it did not confer additional powers
+upon Congress, but merely forbade discriminating acts
+on the part of the states. The opinion of the court was
+delivered by Justice Bradley. The only dissenting opinion
+was given by Justice Harlan, of Kentucky, who held that
+the Thirteenth Amendment of the Constitution was not
+restricted to the prohibition of slavery, but that it conferred
+upon Congress the power to make freedom effectual
+to the former victims of slavery. He said:</p>
+
+<blockquote><p>The Thirteenth Amendment, it is conceded, did something
+more than to prohibit slavery as an institution resting upon
+distinctions of race and upheld by positive law. My brethren
+admit that it established and decreed universal civil freedom
+throughout the United States. But did the freedom thus established
+involve nothing more than the exemption from actual
+slavery? Was nothing more intended than to forbid one man
+from owning another as property? Was it the purpose of the
+nation simply to destroy the institution and then remit the
+race, theretofore held in bondage, to the several states for such
+protection in their civil rights, necessarily growing out of freedom,
+as those states in their discretion might choose to provide?
+Were the states, against whose protest the institution was destroyed,
+to be left free, so far as national interference was concerned,
+to make or allow discriminations against that race,
+as such, in the enjoyment of those fundamental rights which
+by universal concession inhere in a state of freedom? Had the
+Thirteenth Amendment stopped with the sweeping declaration
+in its first section against the existence of slavery and in<span class="pagenum"><a id="Page_277">[277]</a></span>voluntary
+servitude, except for crime, Congress would have
+had the power by implication, according to the doctrines of
+Prigg <i>v.</i> Commonwealth of Pennsylvania, repeated in Strauder
+<i>v.</i> West Virginia, to protect the freedom established and consequently
+to secure the enjoyment of such civil rights as were
+fundamental in freedom. That it can exert its authority to
+that extent is made clear, and was intended to be made clear,
+by the express grant of such power contained in the second
+section of the Amendment.</p></blockquote>
+
+<p>The question whether the Civil Rights Act of 1866 was
+or was not constitutional never came squarely before the
+Supreme Court on a test case, but, as we have seen, other
+acts analogous to it did come before that tribunal in such
+a way that the authority of the court must be construed
+as adverse to it. My own thought is that the dissenting
+opinion of Mr. Justice Harlan above quoted is worth
+more than all the other literature on this subject that the
+books contain.</p>
+
+<p>The autumn elections of 1866 returned a larger majority
+in Congress against President Johnson than had been
+there before. The result in Illinois was the re&euml;lection of
+Trumbull as Senator by the unanimous vote of the Republican
+legislative caucus, although there were three major-generals
+of the victorious Union army (Palmer, Oglesby,
+and Logan) competing for that position, all of whom
+reached it later.</p>
+
+<p>Trumbull sustained Johnson until the latter vetoed
+the Civil Rights Bill. He believed that the freedom of
+the emancipated blacks was put in peril by this action of
+the President, and he gave all of his energies to the task
+of passing the bill over the veto and sustaining it before
+the people. In this he was successful, but the avalanche
+of public opinion thus started did not stop with the
+defeat of Johnson in the election of 1866. It carried the
+control of the Union party out of the hands of the conservatives<span class="pagenum"><a id="Page_278">[278]</a></span>
+and gave the reins of leadership to Sumner,
+Stevens, and the radical wing. Trumbull followed this
+lead till the impeachment of Johnson took place, when he
+halted and saved Johnson at the expense of his own popularity,
+and he never regretted that he had done so.</p>
+
+<p>A distant echo of the Civil Rights controversy reached
+the Illinois Senator from the state of Georgia, where he
+had been a school-teacher thirty years earlier. The correspondence
+is introduced here as a corrective, in some
+part, of the erroneous opinion that Trumbull was a man
+of cold and unfeeling nature:</p>
+
+<blockquote><p>
+
+<span class="smcap">Morgan</span> [Ga.], May 17th [1866].<br />
+<br />
+<span class="smcap">Hon. Lyman Trumbull:</span><br />
+</p>
+
+<p><span class="smcap">Dear Sir:</span> Truth seems strange, but, stranger still appears
+the fact, that after a lapse of thirty years, I should offer you
+a feeble acknowledgment of the gratitude, and high respect I
+have ever cherished for you. It was my good fortune to enjoy,
+in Greenville, for nearly three years, the advantage of your
+profound teachings; and, in later life, when adverse circumstances
+compel me to impart those lessons, and the hallowed
+influence of that instruction, to others, I award to you the full
+meed of praise. You cannot imagine the satisfaction I experience,
+when my eye turns to the many eloquent addresses you
+deliver before Congress; but as there lurks beneath the most
+beautiful rose, thorns that inflict deep wounds, so your avowed
+animosity to us casts a gloom over those delightful emotions.
+Is there no delightful thrill of association still lingering in your
+bosom, when memory reverts to your sojourn among us? Is
+there no period in that long space, around which fond retrospection
+can joyfully flutter her wings, and crush out the large
+drops of gall that have been distilled into your cup? I think
+you, and you alone, have the power and influence to arrest the
+mighty tide that threatens to overwhelm us. Can you not forget
+our past delinquencies, to which, I confess, we have been too
+prone, and remember only the little good you discovered? I
+often make special inquiries after you, and was much interested
+in an account given by an old Southern member. As I had still
+in my mind's eye your tall and erect form, my surprise was<span class="pagenum"><a id="Page_279">[279]</a></span>
+great, indeed, to be told that your form was not so straight,
+and that you used spectacles. I have failed in the proper place
+to mention my name, "Fannie Lowe," the most mischievous
+girl of the school. I married a gentleman from Mobile, who
+lived eight years after the union. He fell a victim to cholera,
+fourteen years since, during its prevalence in New Orleans. It
+was my great misfortune to lose my daughter, just as the flower
+began to expand and promise hope and comfort for my old age.
+In conclusion, I will be delighted to hear from you, and by all
+means send me your photograph. My kindest regards to your
+dear ones, and accept the warmest wishes of</p>
+
+<p>
+<span class="smcap">Mrs. F. C. Gary.</span><br />
+<br />
+<span class="smcap">Morgan, Calhoun Cy., Georgia.</span><br />
+</p>
+
+<p>
+<span class="smcap">United States Senate Chamber,<br />
+Washington</span>, June 27, 1866.<br />
+</p>
+
+<p><span class="smcap">My dear Mrs. Gary:</span> I was truly grateful to receive yours
+of the 17th ult., and to know that after the lapse of thirty years
+I was not forgotten by those who were my pupils. I remember
+many of them well, and for all have ever cherished the kindest
+of feelings and the best of wishes. It pains me, however, to think
+that you and probably most of those about you, including those
+once my scholars, should so misunderstand me and Northern
+sentiments generally. How can you, my dear child,&mdash;excuse
+the expression, for it is only as a school-girl I remember Fannie
+Lowe,&mdash;how can you, I repeat, accuse me of entertaining feelings
+of "animosity" and of the bitterness of "gall" towards you
+or the South?... Towards the great mass of those engaged
+in the rebellion the North feels no animosity. We believe they
+were induced to take up arms against the Government from mistaken
+views of Northern sentiment brought about by ambitious
+and wicked leaders, and those political leaders we do want, at
+least, to exclude from political power, if nothing more, till loyal
+men are protected and loyalty is respected in the rebellious districts.
+It is in the power of the Southern people to have reconstruction
+at once, and the restoration of civil government, complete,
+if they will only put their state organizations in loyal
+hands, elect none but loyal men to office, and see that those
+who were true to the Union, during the war, of all classes, are
+protected in their rights. I ask you, in all candor, till the disloyal
+of the South are willing to do this, ought they to complain<span class="pagenum"><a id="Page_280">[280]</a></span>
+if they are subjected to military control? I enclose you, as
+requested, a couple of photographs, which you will hardly
+recognize as of the young man whom you knew thirty years
+ago. The one without a beard was taken three or four years
+since; the other, this year. My family consists of a wife and
+three boys, the eldest twenty years of age.</p>
+
+<p>Please remember me to any who once knew me at Greenville,
+for all of whom I cherish a pleasant remembrance; and
+believe me your sincere friend,</p>
+
+<p>
+<span class="smcap">Lyman Trumbull</span>.<br />
+</p>
+</blockquote><p><span class="pagenum"><a id="Page_281">[281]</a></span></p>
+
+<div class="footnotes"><h3>FOOTNOTES:</h3>
+
+<div class="footnote"><p><a id="Footnote_85_85"></a><a href="#FNanchor_85_85"><span class="label">[85]</span></a> <i>Cong. Globe</i>, 1866, p. 319.</p></div>
+
+<div class="footnote"><p><a id="Footnote_86_86"></a><a href="#FNanchor_86_86"><span class="label">[86]</span></a> <i>Cong. Globe</i>, 1866, p. 322.</p></div>
+
+<div class="footnote"><p><a id="Footnote_87_87"></a><a href="#FNanchor_87_87"><span class="label">[87]</span></a> <i>Cong. Globe</i>, 1866, pp. 745-46.</p></div>
+
+<div class="footnote"><p><a id="Footnote_88_88"></a><a href="#FNanchor_88_88"><span class="label">[88]</span></a> <i>Cong. Globe</i>, 1866, p. 475.</p></div>
+
+<div class="footnote"><p><a id="Footnote_89_89"></a><a href="#FNanchor_89_89"><span class="label">[89]</span></a> <i>Cong. Globe</i>, 1866, p. 530.</p></div>
+
+<div class="footnote"><p><a id="Footnote_90_90"></a><a href="#FNanchor_90_90"><span class="label">[90]</span></a> <i>Cong. Globe</i>, 1866, p. 1293.</p></div>
+
+<div class="footnote"><p><a id="Footnote_91_91"></a><a href="#FNanchor_91_91"><span class="label">[91]</span></a> "Doolittle tells me he wrote the President a letter on the morning of the
+22d of February, knowing there was to be a gathering which would call at the
+White House, entreating him not to address the crowd. But, said D., he did
+speak and his speech lost him two hundred thousand votes." (<i>Diary of Gideon
+Welles</i>, <span class="smcap">ii</span>, 647.)</p></div>
+
+<div class="footnote"><p><a id="Footnote_92_92"></a><a href="#FNanchor_92_92"><span class="label">[92]</span></a> W. A. Dunning, <i>Reconstruction</i>, p. 82.</p></div>
+
+<div class="footnote"><p><a id="Footnote_93_93"></a><a href="#FNanchor_93_93"><span class="label">[93]</span></a> Both of these cases are reported in the first volume of Abbott's Circuit
+Court Reports.</p></div>
+
+<div class="footnote"><p><a id="Footnote_94_94"></a><a href="#FNanchor_94_94"><span class="label">[94]</span></a> United States <i>v.</i> Harris, 106 U.S. 629.</p></div>
+
+<div class="footnote"><p><a id="Footnote_95_95"></a><a href="#FNanchor_95_95"><span class="label">[95]</span></a> Civil Rights Cases, 109 U.S. 3.</p></div>
+</div>
+
+<hr class="chap" />
+
+<h2 id="CHAPTER_XVIII">CHAPTER XVIII</h2>
+
+<p class="h3">THE FOURTEENTH AMENDMENT</p>
+
+<p>While the events in the preceding chapter were transpiring,
+a joint committee on Reconstruction were making
+an inquiry into the condition of the ex-Confederate States
+in order to determine whether they or any of them were
+entitled to immediate representation in Congress. It consisted
+of Senators Fessenden, Grimes, Harris, Howard,
+Williams, and Johnson, and Representatives Stevens,
+Washburne, of Illinois, Morrill, of Vermont, Bingham,
+Conkling, Boutwell, Blow, Rogers, and Grider. Senator
+Reverdy Johnson and Representatives Rogers and Grider
+were Democrats. All the others were Republicans. There
+was a preponderance of conservatives on the committee.
+Senator Fessenden was the chairman, and his selection
+for the place marked him as <i>princeps senatus</i> in the estimation
+of his colleagues.</p>
+
+<p>While the Civil Rights Bill was pending in the House,
+we have seen that Bingham, of Ohio, made a speech against
+it and voted against it, holding it to be unconstitutional.
+He had supported the Freedmen's Bureau Bill because
+it applied only to states in the inchoate condition which
+then existed. It was to be inoperative in any state, when
+restored to its constitutional relations with the Union.
+The Civil Rights Bill, on the other hand, was to apply to
+the whole country, North and South, without limit as to
+time, and to affect the civil and criminal code of every
+State Government. He held that there was no constitutional
+warrant for this, either in the Thirteenth Amendment
+or elsewhere. In order to cure the supposed defect,<span class="pagenum"><a id="Page_282">[282]</a></span>
+Bingham proposed to the Reconstruction Committee a
+new constitutional amendment in these words:</p>
+
+<blockquote><p>The Congress shall have power to make all laws which shall
+be necessary and proper to secure to the citizens of each state
+all privileges and immunities of citizens in the several states,
+and to all persons in the several states equal protection in the
+rights of life, liberty, and property.</p></blockquote>
+
+<p>This was agreed to by the committee, but before it was
+reported to the House, Stevens presented a series of
+amendments consisting of five sections which had been
+prepared by Robert Dale Owen, a distinguished publicist,
+who was not a member of the Congress. This series had
+met Stevens's approval, and after some delay and some
+changes it was adopted by the committee. Bingham then
+withdrew his own proposed amendment and offered the
+following in place of it, which was adopted as section one:</p>
+
+<blockquote><p>No state shall make or enforce any law which shall abridge
+the privileges and immunities of citizens of the United States,
+nor shall any state deprive any person of life, liberty, or property
+without due process of law, nor deny to any person
+within its jurisdiction the equal protection of the laws.</p></blockquote>
+
+<p>The difference between this provision and the first one
+proposed by Bingham was the whole difference between
+giving Congress power to pass laws for the administration
+of justice in the states and merely prohibiting the states
+from making discriminations between citizens. There
+was no definition of citizenship in the amendment as
+reported by the joint committee. Apparently they relied
+upon the Civil Rights Act, which had been passed over
+the President's veto, to supply that definition, but shortly
+before the final vote was taken in the Senate, Howard,
+who had charge of the measure in the temporary illness of
+Fessenden, proposed the following words to be placed at
+the beginning of the first section.</p><p><span class="pagenum"><a id="Page_283">[283]</a></span></p>
+
+<blockquote><p>All persons born or naturalized in the United States, and
+subject to the jurisdiction thereof, are citizens of the United
+States and of the state wherein they reside.</p></blockquote>
+
+<p>The reason for adopting this clause was to validate
+the corresponding part of the Civil Rights Act and put it
+beyond repeal, in the event that the Republicans should
+at some future time lose control of Congress.</p>
+
+<p>In addition to the first section, as shown above, the
+amendment provided that Representatives should be
+apportioned among the several states according to population,
+but that when the right to vote was denied in any
+state to any of the male inhabitants who were twenty-one
+years of age and citizens of the United States, except
+for rebellion or other crime, the representation of such
+state in Congress and the Electoral College should be
+proportionately reduced. Also that no person should hold
+any office under the United States or any state who, having
+previously taken an oath to support the Constitution
+of the United States, had engaged in insurrection or rebellion
+against the same, but that Congress might, by a two-thirds
+vote, remove such disability. Also that the validity
+of the public debt of the United States should not be questioned,
+but that no debt incurred in aid of insurrection
+or rebellion should ever be paid by the United States or
+any state. The concluding section provided that Congress
+should have power to enforce by appropriate legislation
+the provisions of the article.</p>
+
+<p>The Fourteenth Amendment passed the Senate June 8,
+by 33 to 11, and the House June 13, by 138 to 36. Sumner
+had opposed it bitterly in debate because it dodged, as
+he said, the question of negro suffrage; but when the vote
+was taken he recorded himself in the affirmative.</p>
+
+<p>The report of the committee giving the reasons for
+their action was submitted on the 18th of June. It held<span class="pagenum"><a id="Page_284">[284]</a></span>
+that the seceding states, having withdrawn from Congress
+and levied war against the United States, could
+be restored to their former places only by permission
+of the constitutional power against which they had rebelled
+acting through all the co&ouml;rdinate branches of
+the Government and not by the executive department
+alone.</p>
+
+<blockquote><p>If the President [it said] may, at his will and under his own
+authority, whether as military commander, or chief executive,
+qualify persons to appoint Senators and elect Representatives,
+and empower others to elect and appoint them, he thereby
+practically controls the organization of the legislative department.
+The constitutional form of government is thereby practically
+destroyed, and its powers absorbed by the Executive.
+And while your committee do not for a moment impute to the
+President any such design, but cheerfully concede to him the
+most patriotic motives, they cannot but look with alarm upon
+a precedent so fraught with danger to the Republic.</p></blockquote>
+
+<p>This conclusion was logical but misleading. The danger
+to the Republic lay not in the absorption of powers by the
+Executive, but in the prolongation of chaos, in dethroning
+intelligence, and arming ignorance in the desolated districts
+of the South.<a id="FNanchor_96_96"></a><a href="#Footnote_96_96" class="fnanchor">[96]</a></p>
+
+<p>Stevens also reported a bill "to provide for restoring
+the states lately in insurrection to their full political
+rights." It recited that whenever the Fourteenth Amendment
+should become a part of the Constitution, and any
+state lately in insurrection should have ratified it and conformed
+itself thereto, its duly elected Senators and Representatives
+would be admissible to seats in Congress.
+This bill was not acted on, but lay on the table of each
+<span class="pagenum"><a id="Page_285">[285]</a></span>house awaiting the action of the Southern States on the
+proposed amendment.</p>
+
+<p>On July 23, the two houses adopted a preamble and
+joint resolution admitting Tennessee to her former relations
+to the Union. The preamble recited that that state
+had ratified the Thirteenth and Fourteenth Amendments
+to the Constitution. There were only four negative votes
+on the Tennessee bill: Brown and Sumner, Republicans,
+and Buckalew and McDougall, Democrats. The President
+signed the bill, but he added a brief message explaining
+that his reason for doing so was that he desired to
+remove every cause of further delay, whether real or
+imaginary, to the admission of the Representatives of
+Tennessee, but he affirmed that Congress could not rightfully
+make the passage of such a law a condition precedent
+to such admission in the case of Tennessee, or of any other
+state.</p>
+
+<p>The next event of importance in the controversy over
+Reconstruction was the National Union Convention held
+in Philadelphia on the 14th of August. It was composed
+of delegates from all the states and territories, North and
+South, who sustained the President's policy and acquiesced
+in the results of the war, including the abolition of
+slavery. This came to be known as the "Arm-in-Arm
+Convention" as the procession leading to the platform
+was headed by two delegates, one from Massachusetts
+and one from South Carolina, walking together with their
+arms joined. The signers of the call embraced the names
+of A. W. Randall, ex-governor of Wisconsin, Senators
+Cowan, Doolittle, Fowler, Norton, Dixon, Nesmith, and
+Hendricks, and ex-senator Browning, then Secretary of the
+Interior. The convention itself was eminently respectable
+in point of numbers and character. It was presided
+over by Senator Doolittle, and the chairman of its Committee<span class="pagenum"><a id="Page_286">[286]</a></span>
+on Resolutions was Senator Cowan. The resolutions
+adopted were ten in number and were faultless in
+principle and in expression. They were conveyed to the
+President by a committee of seventy-two persons. The
+effect of this dignified movement was offset and neutralized
+in large part by one paragraph of the President's
+reply to the presentation speech, namely:</p>
+
+<blockquote><p>We have witnessed in one department of the Government
+every endeavor to prevent the restoration of peace, harmony,
+and union. We have seen hanging upon the verge of the Government,
+as it were, a body called, or which assumed to be, the
+Congress of the United States, while in fact it is a Congress of
+only a part of the states. We have seen this Congress pretend
+to be for the Union when its every step and act tended to perpetuate
+disunion and make the disruption of the states inevitable.
+Instead of promoting reconciliation and harmony its
+legislation has partaken of the character of penalties, retaliation,
+and revenge. This has been the course and policy of your
+Government.</p></blockquote>
+
+<p>This impeachment of the legality of Congress was followed
+by a battle in the political field, which raged with
+increasing fury during the whole remainder of Johnson's
+term of office and projected itself into the two terms of
+President Grant and the beginning of that of President
+Hayes, embracing the episodes of the impeachment trial
+and the Liberal Republican movement of 1872. All of this
+turmoil, and the suffering which it brought upon the
+South, would, probably, have been avoided if Lincoln,
+with his strong hold upon the loyal sentiment of the country
+and his readiness to conciliate opponents, without
+surrendering principle, had not been assassinated. They
+became possible if not inevitable when the presidential
+chair was taken, in a time of crisis, by a man of combative
+temper, without prestige in the North, and devoid of tact
+although of good intentions and undoubted patriotism.</p><p><span class="pagenum"><a id="Page_287">[287]</a></span></p>
+
+<p>The Southern States refused to agree to the Fourteenth
+Amendment. To them the insuperable objection was the
+clause excluding from the office-holding class those who
+had taken an oath to support the Constitution of the
+United States and had afterwards engaged in insurrection
+against the same. The common people refused to accept
+better terms than were accorded to their leaders. This
+was true chivalry and is not to be condemned, but the
+consequence was an increase of the power of the radicals
+in the North. It disabled conservatives like Fessenden,
+Trumbull, and Grimes in Congress, John A. Andrew,
+Henry Ward Beecher, and William C. Bryant, influential
+in other walks in life, from making effective resistance to
+the measures of Sumner and Stevens. If the Fourteenth
+Amendment had been ratified by any of the other ex-Confederate
+States, such states would have been admitted
+at once as Tennessee was. Both Wade and Howard, hot
+radicals as they were, refused to go with Sumner when he
+insisted that further conditions should be exacted. When
+he offered an amendment looking to negro suffrage,
+Howard said that the Joint Committee on Reconstruction
+had maturely considered that question and had carefully
+abstained from interfering with "that very sacred
+right"&mdash;the right of each state to regulate the suffrage
+within its own limits. He argued that it was inexpedient
+in a party point of view to do so, and predicted that if the
+rebel states were coerced to adopt negro suffrage by an
+act of Congress, or by constitutional amendment, they
+would rid themselves of it after gaining admission.<a id="FNanchor_97_97"></a><a href="#Footnote_97_97" class="fnanchor">[97]</a></p>
+<p><span class="pagenum"><a id="Page_288">[288]</a></span></p>
+
+<div class="footnotes">
+<h3>FOOTNOTES:</h3>
+
+<div class="footnote"><p><a id="Footnote_96_96"></a><a href="#FNanchor_96_96"><span class="label">[96]</span></a> Trumbull did not take an active part in the framing of the Fourteenth
+Amendment. A minute and unbiased history of it has been written by Horace
+Edgar Flack, Ph.D., and published by the Johns Hopkins Press, Baltimore,
+1908. It is impossible to resist the conclusion of this writer, that partisanship
+was a potent factor in the framing and adoption of it.</p></div>
+
+<div class="footnote"><p><a id="Footnote_97_97"></a><a href="#FNanchor_97_97"><span class="label">[97]</span></a> <i>Cong. Globe</i>, February 15, 1867, p. 1381.</p></div>
+</div>
+
+<hr class="chap" />
+
+<h2 id="CHAPTER_XIX">CHAPTER XIX</h2>
+
+<p class="h3">CROSSING THE RUBICON</p>
+
+<p>On the 17th of December, 1866, the Supreme Court
+rendered its decision in the Milligan case, which had
+reached that tribunal on a certificate of disagreement
+between the two judges of the United States Circuit
+Court for Indiana. Milligan, a citizen, not in the military
+or naval service, had been arrested in October, 1864, by
+General A. P. Hovey, commanding the military district
+of Indiana, for alleged treasonable acts, had been tried by
+a military commission, found guilty, and sentenced to be
+hanged on the 19th day of May, 1865. He petitioned the
+court for a discharge from custody under the terms of the
+Habeas Corpus Act passed by Congress March 3, 1863.
+He affirmed that, since his arrest, there had been a session
+of the grand jury in his district and that it had
+adjourned without finding an indictment against him.
+The act of Congress provided that the names of all civilians
+arrested by the military authorities in places where
+the courts were open should be reported to the judges
+within twenty days after their arrest, and that if they
+were not indicted at the first term of court thereafter they
+should be set at liberty.</p>
+
+<p>This question had been pretty thoroughly thrashed out
+in the Vallandigham case, but it had been imperfectly
+understood; President Lincoln had gone astray in that
+labyrinth, and judges on the bench had differed from each
+other in their interpretation of an unambiguous statute.
+The most commonly accepted opinion was that the act of<span class="pagenum"><a id="Page_289">[289]</a></span>
+1863 was not applicable to Copperheads, or, if it was,
+that it ought not to be obeyed.</p>
+
+<p>The Supreme Court was unanimous in the opinion that
+Milligan must be discharged, since the law was plain and
+unequivocal, but there was a division among the nine
+judges of the court as to the power to try persons not in
+the military service, by military commission. Five judges
+held that Congress could not abolish trial by jury in
+places where the courts were open and the course of justice
+unimpeded. Four judges maintained that Congress
+might authorize military commissions to try civilians in
+certain cases where the civil courts were open and freely
+exercising their functions, although Congress had not actually
+done so. The five judges constituting the majority
+were Davis (who wrote the opinion of the court), Clifford,
+Nelson, Grier, and Field. The four who dissented from
+the argument, but not from the judgment, were Chief Justice
+Chase (who wrote the minority opinion), and Judges
+Wayne, Swayne, and Miller. Davis's opinion is not surpassed
+in argumentative power or in literary expression
+by anything in the annals of that great tribunal.</p>
+
+<p>The logical consequences of the decision were tremendous,
+or would have been, if the public mind had been in
+a condition to appreciate its gravity. Not only did it follow
+logically that the trial and execution of Booth's fellow
+conspirators, Payne, Atzerodt, Herold, and Mrs. Surratt,
+were, in contemplation of law, no better than lynching,
+but that Andrew Johnson's endeavor to put an end to
+government by military commissions, as soon as possible,
+was right, and that the contrary design, by whomsoever
+held, was wrong.</p>
+
+<p>The radicals in Congress, however, were only angered
+by the decision. They were not in the least disconcerted
+by it, but the court itself was very much so. If it had been<span class="pagenum"><a id="Page_290">[290]</a></span>
+necessary to pass a law reorganizing the court, in order
+to reap the fruits of the victory won in the recent elections,
+a majority could have been obtained for it.</p>
+
+<p>Under date of January 8, 1867, the "Diary of Gideon
+Welles" tells us that there was a Cabinet meeting at
+which the President said that he wished to obtain the
+views of each member on the subject, already mooted, of
+dismantling states and throwing them into a territorial
+condition. A colloquy ensued which is reported as follows:</p>
+
+<blockquote><p>Seward was evidently taken by surprise. Said he had
+avoided expressing himself on these questions; did not think it
+judicious to anticipate them; that storms were never so furious
+as they threatened; but as the subject had been brought
+up, he would say that never, under any circumstances, could he
+be brought to admit that a sovereign state had been destroyed,
+or could be reduced to a territorial condition.</p>
+
+<p>McCulloch was equally decided, that the states could not be
+converted into territories.</p>
+
+<p>Stanton said he had communicated his views to no man. Here,
+in the Cabinet, he had assented to and cordially approved of
+every step which had been taken, to reorganize the governments
+of the states which had rebelled, and saw no cause to
+change or depart from it. Stevens's proposition he had not
+seen, and did not care to, for it was one of those schemes which
+would end in noise and smoke. He had conversed with but one
+Senator, Mr. Sumner, and that was one year ago, when Sumner
+said he disapproved of the policy of the Administration and
+intended to upset it. He had never since conversed with Sumner
+nor any one else. He did not concur in Mr. Sumner's views,
+nor did he think a state would or could be remanded to a territorial
+condition.</p>
+
+<p>I stated my concurrence in the opinions which had been
+expressed by the Secretary of War, and that I held Congress
+had no power to take from a state its reserved rights and sovereignty,
+or to impose terms on one state which were not
+imposed on all states.</p>
+
+<p>Stanbery said he was clear and unqualifiedly against the<span class="pagenum"><a id="Page_291">[291]</a></span>
+whole talk and theory of territorializing the states. Congress
+could not dismantle them. It had not the power, and on that
+point he would say that it was never expedient to do or attempt
+to do that which we had not the power to do.</p>
+
+<p>Browning declared that no state could be cut down or extinguished.
+Congress could make and admit states, but could not
+destroy or extinguish them after they were made.<a id="FNanchor_98_98"></a><a href="#Footnote_98_98" class="fnanchor">[98]</a></p></blockquote>
+
+<p>This extract is rather astounding for what it tells us
+of Stanton's position. Simultaneously, or nearly so, Congress
+passed an act virtually making the General of the
+Army independent of the President, and prohibiting the
+President from assigning him to duty elsewhere than in
+Washington City without the consent of the Senate,
+except at his own request. Congressman Boutwell, of
+Massachusetts, tells us that this provision was privately
+suggested to him by Stanton and that he (Boutwell)
+wrote it down at the War Department as dictated by
+Stanton, and took it to Thaddeus Stevens who incorporated
+it in an appropriation bill.<a id="FNanchor_99_99"></a><a href="#Footnote_99_99" class="fnanchor">[99]</a></p>
+
+<p>If the radicals were elated by the result of the elections,
+the conservatives were correspondingly depressed. It
+was no longer possible to prevent Stevens and Sumner
+from taking the lead, which they did forthwith. They
+crossed the Rubicon with the whole army. The Reconstruction
+policy initiated by Lincoln was now for the first
+time definitely abandoned by the Union party. In the
+month of February, Stevens carried through the House a
+bill declaring that there were no legal governments in the
+ten rebel states, and providing that the existing governments
+should be superseded by the military authority. It
+provided for no termination of such military government.
+Amendments were added by the Senate providing for
+constitutional conventions in those states, to be elected by
+<span class="pagenum"><a id="Page_292">[292]</a></span>the male citizens twenty-one years old and upward, of
+whatever race or color, except those disfranchised for participation
+in rebellion. It was provided further that when
+the constitutions so framed should contain clauses giving
+the elective franchise to all persons entitled to vote in the
+election for delegates, and when the constitutions should
+be ratified by a majority of the people, and when such
+constitutions should have been submitted to and approved
+by Congress, and when the states should have ratified
+the Fourteenth Amendment and it should have been
+adopted, then the states so reorganized should be entitled
+to representation in Congress, provided that no persons
+disfranchised by the Fourteenth Amendment should vote
+at the election or be eligible to membership of the conventions.
+The clause making negro suffrage a permanent
+condition of Reconstruction was adopted in a senatorial
+caucus on the motion of Sumner by a majority of two,
+after it had been rejected almost unanimously by the
+Senate committee to which it had been referred.<a id="FNanchor_100_100"></a><a href="#Footnote_100_100" class="fnanchor">[100]</a></p>
+
+<p>Trumbull, Fessenden, and Sherman voted against
+Sumner's motion, but after it became the policy of the
+party they supported it. And here they made a mistake,
+for this was the act which placed the governments of ten
+states in the hands of the most ignorant portion of the
+community and disfranchised the most intelligent, entailing
+the direful consequences of the succeeding ten years.</p>
+
+<p>The road which the dominant party had now taken
+was, however, taken conscientiously. Congress and the
+<span class="pagenum"><a id="Page_293">[293]</a></span>Northern people sincerely believed that slavery would be
+re&euml;stablished in some form unless the negroes had the
+right to vote and the assurance that their votes would be
+counted, and that, in that case, the war would have to be
+fought over again. Of course, party spirit and the greed
+of office had a place among the impelling motives at
+Washington, but these considerations would not have
+availed had not the opinion been deep-seated that a
+Democratic victory won by the votes of the solid South
+and a minority of the North would endanger the Union.</p>
+
+<p>Senator Cullom, of Illinois, who was then a member of
+the House, said, forty-four years later, that "the motive
+of the opposition to the Johnson plan of Reconstruction
+was a firm conviction that its success would wreck the
+Republican party and, by restoring the Democracy to
+power, bring back Southern supremacy and Northern
+vassalage."<a id="FNanchor_101_101"></a><a href="#Footnote_101_101" class="fnanchor">[101]</a></p>
+
+<p>Montgomery Blair apprehended another revolution or
+rebellion and said that there might be two opposing governments
+organized in Washington. Maynard, of Tennessee,
+a stanch loyalist, believed that Senators and Representatives
+from all the states would soon make their
+appearance at the national capital and that those from
+the rebel states would join with the Democratic members
+from the loyal states, constitute a majority, organize,
+repeal the test oath, and have things their own way.
+Welles, while recording these opinions, held the sounder
+one that the South was too exhausted and the Northern
+Democrats too timid for such a step.<a id="FNanchor_102_102"></a><a href="#Footnote_102_102" class="fnanchor">[102]</a></p>
+
+<p>The Reconstruction Bill passed both houses on the
+20th day of February, 1867, was vetoed by the President
+on the 2d of March, and was repassed on the same day by
+<span class="pagenum"><a id="Page_294">[294]</a></span>more than two-thirds majority in each house, Trumbull
+voting in the affirmative.</p>
+
+<p>It was followed by a supplementary bill even more drastic,
+providing for a registration of voters, and requiring
+each person, before he could be registered, to take an oath
+that he had not been disfranchised for participation in any
+rebellion, or civil war, against the United States, and had
+never held any legislative, executive, or judicial office and
+afterwards engaged in rebellion against the United States,
+or given aid or comfort to the enemies thereof. The President
+was not slow to perceive the monstrosity of these
+provisions. In his veto message he dwelt on the absurdity
+of expecting every man to know whether he had been disfranchised
+or not, and what acts amounted to "participation"
+or fell short of it, and what constituted the giving
+of aid and comfort to the enemies of the United States.
+With genuine pathos he added:</p>
+
+<blockquote><p>When I contemplate the millions of our fellow citizens of the
+South with no alternative left but to impose upon themselves
+this fearful and untried experiment of complete negro enfranchisement,
+and white disfranchisement (it may be) almost as
+complete, or submit indefinitely to the rigor of martial law
+without a single attribute of freemen, deprived of all the sacred
+guaranties of our Federal Constitution, and threatened with
+even worse wrongs, if any worse are possible, it seems to me
+their condition is the most deplorable to which any people can
+be reduced.</p></blockquote>
+
+<p>This bill was passed over the veto on the 23d of March,
+Trumbull voting in the affirmative. These votes, however,
+did not prevent him from publishing in the Chicago
+<i>Advance</i> of September 5, the same year, a carefully written
+article denying the power of Congress to regulate the
+suffrage in the states, concluding with the following paragraphs:</p>
+
+<p><span class="pagenum"><a id="Page_295">[295]</a></span></p><blockquote><p>If the views expressed are correct, it follows that there are
+but two ways of securing impartial suffrage throughout the
+Union. One is, for the states themselves to adopt it, which is
+being done by some already; and now that the subject is being
+agitated and its justice being made apparent, it is to be hoped
+it will soon commend itself to all: the other is, by an amendment
+to the Constitution of the United States, adopting impartial
+suffrage throughout the Union, which to become effective
+must be ratified by three fourths of the States.</p></blockquote>
+
+<p>Amendments of the constitutions of Ohio, Kansas, and
+Minnesota for that purpose were then pending, but they
+were all voted down by the people in October and November,
+1867.</p>
+
+<p>Congress continued to pass supplementary Reconstruction
+measures at short intervals. One such authorized
+the commanders of the military districts to suspend or
+remove any persons holding any office, civil or military,
+in their districts and appoint other persons to fill their
+places and exercise their functions subject to the disapproval
+of the General of the Army of the United States.
+It was declared to be the duty of the commanders aforesaid
+to remove from office all persons disloyal to the
+United States and all who should seek to hinder, delay, or
+obstruct the administration of the Reconstruction Acts.
+Section eight of this act made members of boards of
+registration removable in like manner. Section eleven
+provided that "all the provisions of this act, and of the
+acts to which it is supplementary, should be construed
+liberally." This bill was vetoed by the President July 19,
+1867, and was passed over the veto by both houses the
+same day. Still another supplementary act was passed
+on the 11th of March, 1868, relating to the election of
+members of Congress in the rebel states.</p>
+
+<p>Under this harness of militarism constitutional conventions
+were held and constitutions adopted by all of said
+states, except Texas and Mississippi, during the year<span class="pagenum"><a id="Page_296">[296]</a></span>
+1868, and all the rest of them were admitted to the Union
+except Virginia, subject, however, to the condition that
+their constitutions should never be amended, or changed,
+so as to deprive any citizen, or class of citizens, of the
+right to vote, except as a punishment for crimes of the
+grade of felonies at common law.</p>
+
+<p>Delays having occurred in the course of procedure in
+Virginia, Mississippi, and Texas, there was opportunity
+to apply new conditions to their readmission and this
+chance was eagerly seized by the radicals. Trumbull, on
+the 13th of January, 1870, reported from the Judiciary
+Committee a simple resolution reciting that Virginia,
+having complied with all the requirements, was entitled to
+representation in Congress. This was amended on motion
+of Drake, of Missouri, by a proviso that it should
+never be lawful for the state to deprive any citizen of the
+United States, on account of race, color, or previous condition
+of servitude, of the right to hold office. Trumbull
+said in the debate on this proposition that Congress had
+no authority to enact it and that it would not be binding
+on the state. Yet it was adopted by a majority of one
+vote, 30 to 29. Wilson then moved as an amendment that
+the state constitution should never be so changed as to
+deprive any citizen or class of citizens of school privileges,
+and this was adopted by 31 to 29, Trumbull in the negative.
+In addition to these a long section was added prescribing
+a new form of oath to be taken by all state officers
+and members of the legislature, which was adopted by 45
+to 16, Trumbull voting no. In the final vote on the Bill,
+however, he voted in the affirmative. The same conditions
+were applied to Mississippi and Texas.</p>
+
+<p>In the debate on the Virginia Bill there was a passage-at-arms
+between Trumbull and Sumner which came near
+to overstepping parliamentary rules on both sides and<span class="pagenum"><a id="Page_297">[297]</a></span>
+which caused widespread newspaper comment. It was
+generally believed that a rupture had taken place between
+them which would never be healed; yet a year later, when
+the decree went forth (presumably from the White House)
+that Sumner must be deposed from the chairmanship of
+the Committee on Foreign Relations, Trumbull was one
+of his strongest supporters in the fight which ensued.</p>
+
+<p>Following close after the reconstruction of Virginia
+came the re-reconstruction of Georgia. That state ratified
+her <i>post-bellum</i> constitution on the 11th of May, 1868, and
+elected Rufus P. Bullock, governor. He represented the
+radicals, but the conservatives at the same time carried
+the state legislature. A few negroes had been elected as
+members, and these were expelled on the ground that the
+right to hold office had not been conferred upon them by
+the new constitution. The supreme court of the state a
+few months later decided that since the rights of citizenship
+and of voting had been conferred upon them, the
+right to hold office belonged to them also unless expressly
+denied. In addition to unseating the blacks, the conservatives
+had admitted certain members who could not take
+the oath prescribed in the Fourteenth Amendment of
+the Constitution. Governor Bullock needed a legislature
+different from the one which had been elected, in order to
+accomplish certain ends which he had in view, and he
+seized upon these irregularities as a means of overturning
+the majority. He then raised an outcry, which he knew
+would stir the north,&mdash;that the blacks in Georgia were
+still terrorized by the Ku-Klux Klans.</p>
+
+<p>President Grant soon thereafter recommended that
+Congress take Georgia again in hand. This was done
+promptly. An act was passed directing Governor Bullock
+to call the legislature together and directing the legislature
+to reorganize itself in accordance with the oaths of office<span class="pagenum"><a id="Page_298">[298]</a></span>
+heretofore prescribed, including that of the Fourteenth
+Amendment; to exclude all persons who could not lawfully
+take those oaths and to admit all who had been
+expelled on account of color; also requiring Georgia to
+ratify the Fifteenth Amendment before her Representatives
+and Senators should be admitted to seats in Congress.
+The seventh section of the act authorized Governor
+Bullock to call for the services of the army and navy
+of the United States to enforce the provisions of the act.
+Under this authority, exercised by General Terry, twenty-four
+conservatives were expelled from the legislature and
+their places were filled by radicals, and the negroes formerly
+excluded were returned to their places. Even this
+did not satisfy Bullock. He went to Washington with a
+troop of carpet-baggers and a pocketful of money and
+railroad bonds and persuaded General Butler, who was
+chairman of the House Committee on Reconstruction, to
+bring in a bill for the restoration of Georgia similar to that
+of Virginia, with a proviso extending for two years the
+term of office of the present legislature, which would otherwise
+expire in November, 1870. Butler reported such a bill
+from his committee, but Bingham, of Ohio, offered an
+amendment to require a new election of the legislature
+at the time fixed in the state constitution, and this amendment
+was agreed to, in spite of Butler's opposition, by 115
+to 71.</p>
+
+<p>The Georgia Bill was the subject of an exciting battle
+in the Senate where Trumbull supported the Bingham
+proviso against the efforts of Morton, Howard, Drake,
+Stewart, Sumner, Wilson, and all of the new Senators
+from the South, two of whom (those of Texas) were
+hastily admitted in time to vote on the Georgia question.
+The first vote was on the motion of Williams, of Oregon,
+to prolong the life of the existing legislature till November,<span class="pagenum"><a id="Page_299">[299]</a></span>
+1872. One effect of so doing would be to save a seat
+in the United States Senate for a man who had been
+elected unlawfully. The vacancy would occur on March 4,
+1871, and could be lawfully filled only by the legislature
+chosen next preceding that date.</p>
+
+<p>Williams's motion was voted down April 14, by a majority
+of one. On the 19th of the same month, Trumbull
+made one of the great speeches of his public career, filling
+twelve columns of the <i>Congressional Globe</i>, on the Georgia
+question, demolishing the Bullock case and stirring public
+opinion strongly. The struggle was protracted till July
+8, when the bill passed, as Trumbull desired, with the
+Bingham proviso.</p>
+
+<p>An editorial in the <i>Nation</i> of May 26, 1870, tells, in
+brief compass, what took place while the Georgia Bill was
+the matter of chief concern in the Senate:</p>
+
+<blockquote><p>Our readers may remember that when Mr. Trumbull, some
+weeks ago, made his severe summing up of the "Georgia difficulty,"
+he hinted in very plain terms that the patriots of the
+Bullock faction had been guilty of both corruption and intimidation
+in trying to get their "Reconstruction" bill through,
+installing them in office for two years. By many people this
+charge was ascribed partly to Mr. Trumbull's hatred of the
+black man, and partly to his hostility to the pure and good of
+all colors, and doubtless some asked themselves, as they asked
+themselves when the Traitor Ross refused to give up his chair
+to Senator Revels, for the sake of the dramatic unities: "What
+else can we expect of a man who voted No on the Eleventh
+Article?"</p>
+
+<p>[A committee of the Senate, appointed to look into the matter,
+had taken a mass of testimony and submitted a report.]
+Their finding is&mdash;and we blush to write it&mdash;that Bullock and
+his friends have been for a long time in Washington, complaining
+of the Ku-Klux Klan, and asking fresh guarantees for "the
+persecuted Unionists" of Georgia; that somehow or other,
+while there, they have had a great deal of money and railroad
+bonds, which they seemed to have no particular use for, them<span class="pagenum"><a id="Page_300">[300]</a></span>selves;
+that they tried unsuccessfully to purchase the votes of
+Senators Carpenter and Tipton against the Bingham amendments;
+that harrowing reports of "outrages" in Georgia were
+actually prepared to order, like boots or dinners, furnished to
+them and paid for; that the writing of threatening letters to
+Senators was procured in the same manner; that $4000 was
+paid to that good and great man, Colonel Forney, of the Washington
+<i>Chronicle</i>, for "advertising and printing speeches and
+documents," the Colonel's editorial denunciations of the opponents
+of the Georgia Bill, we suppose, being thrown into the
+bargain. The Washington correspondent of the Boston <i>Advertiser</i>&mdash;a
+wicked fellow&mdash;adds that some of the witnesses
+when first examined "were very loath to tell what they knew,
+and indulged in the tallest kind of lying." The report of the
+committee is unanimous.</p>
+
+<p>The result of this expos&eacute; probably will be that the Georgia
+question will at last, after a year's delay, filled with this lying
+and intrigue and corruption, be settled at the outset, by handing
+the State Government back to the electors on the same
+terms as Virginia, and letting the "Bullock faction" go home
+and find some means of gaining an honest livelihood.... We
+cannot pass from this affair, however, without bearing hearty
+testimony to the services which Mr. Trumbull has, by his attitude
+in it from the very beginning, rendered to truth, justice,
+good government, and civilization. He has made every honest
+man, North and South, his debtor, not for being able, for this
+he cannot help, but for being bold, and hitting hard. "By
+Time," says Hosea Biglow, "I du like a man that ain't afeared!"</p></blockquote><p><span class="pagenum"><a id="Page_301">[301]</a></span></p>
+
+<div class="footnotes">
+<h3>FOOTNOTES:</h3>
+
+<div class="footnote"><p><a id="Footnote_98_98"></a><a href="#FNanchor_98_98"><span class="label">[98]</span></a> <i>Diary of Gideon Welles</i>, <span class="smcap">iii</span>, 10-12.</p></div>
+
+<div class="footnote"><p><a id="Footnote_99_99"></a><a href="#FNanchor_99_99"><span class="label">[99]</span></a> Boutwell, <i>Reminiscences</i>, <span class="smcap">ii</span>, 108.</p></div>
+
+<div class="footnote"><p><a id="Footnote_100_100"></a><a href="#FNanchor_100_100"><span class="label">[100]</span></a> This was the second time that Sumner had shunted the nation in the direction
+he desired it to go; the first time was when he filibustered the Louisiana
+Bill to death at the end of the Thirty-ninth Congress. Edward L. Pierce, his
+biographer and eulogist, writing in the early nineties, says rather dubiously:
+"For weal or woe, whether it was well or not for the black race and the country,
+it is to Sumner's credit or discredit as a statesman that suffrage, irrespective of
+race or color, became fixed and universal in the American system." (<i>Memoir
+and Letters</i>, <span class="smcap">i</span>, 228.)</p></div>
+
+<div class="footnote"><p><a id="Footnote_101_101"></a><a href="#FNanchor_101_101"><span class="label">[101]</span></a> <i>Fifty Years of Public Service</i>, by Shelby M. Cullom, p. 146.</p></div>
+
+<div class="footnote"><p><a id="Footnote_102_102"></a><a href="#FNanchor_102_102"><span class="label">[102]</span></a> <i>Diary of Gideon Welles</i>, <span class="smcap">ii</span>, 484.</p></div>
+</div>
+
+<hr class="chap" />
+
+<h2 id="CHAPTER_XX">CHAPTER XX</h2>
+
+<p class="h3">IMPEACHMENT</p>
+
+<p>Early in 1867, Congress passed an act, originating in
+the Senate, to prevent the President from removing, without
+the consent of the Senate, any office-holders whose
+appointment required confirmation by that body. In its
+inception it was not intended to include members of the
+Cabinet, but merely to protect postmasters, collectors,
+and other appointees of that grade, whom the President,
+in his stump speech at St. Louis, had declared his intention
+to "kick out." Accordingly a clause was inserted
+excluding Cabinet officers from the operation of the measure.</p>
+
+<p>When the bill came before the House, a motion was
+made to strike out this exception, and it was at first negatived
+by a majority of four. Subsequently the motion
+was renewed and carried, but the Senate refused to concur.
+The differences between the two houses were referred
+to a committee of conference of which Sherman was a
+member. He had been extremely resolute heretofore in
+opposing the attempt to include members of the Cabinet,
+because he held that no gentleman would be willing to
+remain a member after receiving an intimation from his
+chief that his services were no longer desired. To this
+Senator Hendricks replied that it was not a question of
+getting rid of a <i>gentleman</i>, but of a man of different stamp,
+who might be in the Cabinet and desire to stay in. "The
+very person who ought to be turned out," he said, "is the
+very person who will stay in." The Conference Committee<span class="pagenum"><a id="Page_302">[302]</a></span>
+reported the following proviso, which was adopted by
+both houses:</p>
+
+<blockquote><p>That the Secretaries of State, of the Treasury, of War, of the
+Navy, and of the Interior, the Postmaster-General, and the
+Attorney-General shall hold their offices respectively for and
+during the term of the President by whom they may have been
+appointed and for one month thereafter, subject to removal by
+and with the advice and consent of the Senate.</p></blockquote>
+
+<p>Senator Doolittle, who opposed the bill <i>in toto</i>, pointed
+out that it did not accomplish what it aimed at: that is,
+it did not prevent the President from removing the Secretary
+of War. He showed that Stanton had never been
+appointed by Johnson at all. He was merely holding office
+by sufferance. The term of the President by whom he
+was appointed had expired and the "one month thereafter"
+had also expired; therefore, the proviso reported
+by the Conference Committee was futile to protect him.</p>
+
+<p>Sherman replied that the proviso was not intended to
+apply to a particular case or to the present President, and
+that Doolittle's interpretation of the phrase as not protecting
+Stanton in office was the true interpretation. He
+added that if he supposed that Stanton, or any other
+Cabinet officer, was so wanting in manhood and honor as
+to hold his office after receiving an intimation that his
+services were no longer desired, he (Sherman) would consent
+to his removal at any time. This declaration committed
+Sherman in advance to a definite opinion as to the
+President's right to remove Stanton whenever he pleased.</p>
+
+<p>The bill passed with the clause above quoted, all the
+Republican Senators present voting for it except Van
+Winkle and Willey, of West Virginia. Trumbull was
+recorded in the affirmative.</p>
+
+<p>At the first Cabinet meeting of February 26, the bill
+was considered, and all the members thought that it ought<span class="pagenum"><a id="Page_303">[303]</a></span>
+to be vetoed. "Stanton was very emphatic," says Welles,
+"and seemed glad of an opportunity to be in accord with
+his colleagues." (He had previously given his sanction
+to the Stevens Reconstruction Bill in opposition to his
+colleagues.) The President said he would be glad if Stanton
+would prepare a veto or make suggestions for one.
+Stanton pleaded want of time. The President then turned
+to Seward, who said that he would undertake it if Stanton
+would help him. This was agreed to, and the veto
+(based on the ground of unconstitutionality) was prepared
+and submitted by them at the Cabinet meeting of
+March 1. Stanton must have been aware of the colloquy
+between Sherman and Doolittle in which his name was
+mentioned, and he probably agreed with them in the
+opinion that he was not protected by the Tenure-of-Office
+Act. If he had thought differently he would hardly have
+favored the veto, or joined with Seward in writing it. The
+veto message was sent in on March 2, 1867, and the bill
+was passed by two thirds of both houses the same day.</p>
+
+<p>Few persons at the present time believe that there
+was any substantial ground for the impeachment of Andrew
+Johnson. The unsparing condemnation of history
+has been visited upon the whole proceeding, and the commonly
+received opinion now is that if the Senate had voted
+him guilty as charged in the articles of impeachment a precedent
+would have been made whereby the Republic would
+have been exposed to grave dangers. Trumbull was one of
+the so-called "Seven Traitors" who prevented that catastrophe.</p>
+
+<p>The first session of the Fortieth Congress began on
+March 4, 1867. The radical wing of the Republican party
+had been muttering about impeachment even earlier, and
+a resolution had been passed by the House on the 7th of
+January preceding, authorizing the Judiciary Committee<span class="pagenum"><a id="Page_304">[304]</a></span>
+to inquire into the official conduct of the President and to
+report whether he had been guilty of acts designed or
+calculated to "overthrow, subvert, or corrupt the Government
+of the United States, or any department or office
+thereof." On the 28th of February, the committee reported
+that it had examined a large number of witnesses
+and collected many documents, but had not been able to
+reach a conclusion and that it would not feel justified in
+making a final report upon so important a matter in the
+expiring hours of this Congress, even if it had been able
+to make an affirmative one. On the 29th of March following,
+the committee was instructed to continue its investigation.</p>
+
+<p>It accordingly continued its work and voted on the 1st
+of June, by 5 to 4, that there was no evidence that would
+warrant impeachment; but at the earnest solicitation of
+the minority it kept the case open during the recess which
+Congress took from July to November. In this interval
+one member of the committee changed his vote and this
+change made the committee stand 5 to 4 in favor of impeachment.
+The report of the committee was presented
+by Boutwell, of Massachusetts, November 25, accompanied
+by a resolution that Andrew Johnson, President
+of the United States, be impeached for high crimes and
+misdemeanors. James F. Wilson, of Iowa, chairman of
+the committee, submitted a minority report adverse to
+impeachment, and the House on the 7th of December sustained
+Wilson and rejected the majority report by a vote
+of 57 to 108. Among those voting against impeachment
+were Allison, Bingham, Blaine, Dawes, Poland, Spalding,
+and Washburne, of Illinois. On the other side were Thaddeus
+Stevens, B. F. Butler, and John A. Logan. On the
+5th of August, the President sent to Stanton a note of
+three lines saying that his resignation as Secretary of War<span class="pagenum"><a id="Page_305">[305]</a></span>
+would be accepted. Stanton replied on the same day
+declining to resign before the next meeting of Congress.
+The President thereupon decided to remove him regardless
+of consequences, but he felt the necessity of finding
+somebody to take the office who would be acceptable to
+the country. His choice fell upon General Grant, who was
+perhaps the only person whose appointment under the
+circumstances would not have caused a disturbance. No
+plausible objection could be raised against him in any
+quarter, not even by Stanton himself. Grant reluctantly
+consented to accept the place. Accordingly one week
+after Stanton had refused to resign, the President suspended
+him and appointed Grant Secretary <i>ad interim</i>
+and so notified Stanton. The latter had undoubtedly
+made plans for retaining the office in defiance of the
+President and was chagrined to find that a man had
+been appointed whom he could not resist. Although a
+few months earlier he had advised the President that
+the Tenure-of-Office Law was unconstitutional and had
+assisted in writing the message vetoing it on that ground,
+he now denied the President's power to suspend him without
+the consent of the Senate, but said that he yielded to
+superior force. He then surrendered his office to Grant.
+Although the usual expressions of confidence and esteem
+were exchanged between himself and his successor, a residue
+of asperity remained in the breast of the retiring
+Secretary, who felt that the head of the army ought not
+to have enabled the President to get the better of him.
+But as a matter of fact Grant did not want the office. He
+accepted it only because he feared that trouble might
+follow from the appointment of somebody less familiar
+than himself with conditions prevailing in the South.</p>
+
+<p>On the 13th of January, 1868, the Senate, having considered
+the reasons assigned by the President for the suspension<span class="pagenum"><a id="Page_306">[306]</a></span>
+of Stanton from office, non-concurred in the same
+and sent notice to this effect to the President and to Grant.
+The latter considered his functions as Secretary <i>ad interim</i>
+terminated from the moment of receipt of the notice
+and so notified the President, at the same time locking
+the door of his room and handing the key to the person
+in charge of the Adjutant-General's office in the same
+building.</p>
+
+<p>Under the terms of the Tenure-of-Office Law, Stanton
+returned and resumed his former place.</p>
+
+<p>On the 27th of January, a motion was made by Mr.
+Spalding in the House of Representatives that the Committee
+on Reconstruction be authorized to inquire what
+combinations had been made to obstruct the due execution
+of law and to report what action, if any, was necessary
+in consequence thereof. This resolution was adopted
+by a vote of 99 to 31. A few days later, on the motion of
+Thaddeus Stevens the evidence taken by the Committee
+on the Judiciary on the impeachment question was referred
+to the Committee on Reconstruction. Certain correspondence
+that had passed between General Grant and
+President Johnson relating to the retirement of the former
+from the War Office was also sent to the same committee.</p>
+
+<p>The correspondence between General Grant and the
+President here referred to gives a fresh illustration of
+Andrew Johnson's want of tact in dealing with men and
+events. He first made an accusation that Grant had failed
+to keep a promise that he had previously given that "if
+you [Grant] should conclude that it would be your duty
+to surrender the department to Mr. Stanton, upon action
+in his favor by the Senate, you were to return the office to
+me, <i>prior to a decision by the Senate</i>, in order that if I desired
+to do so I might designate somebody to succeed you."
+This letter was dated January 31, 1868. Grant replied<span class="pagenum"><a id="Page_307">[307]</a></span>
+(February 3) denying that he had made any such promise,
+and saying that the President in making this accusation
+had sought to involve him in a resistance to law and
+thus to destroy his character before the country. Several
+other letters followed, including one from each member of
+the Cabinet, who was present when the matter was talked
+of between the two principals, all confirming the President's
+statements. The letters of Browning and Seward,
+however, tended to show that the President's desire was
+to make up a case for the Supreme Court, to decide
+whether he had a right under the Constitution to remove
+a Cabinet officer or not, and that he supposed that Grant
+had promised to co&ouml;perate with him to promote that end;
+but that whatever Grant might have promised, the sudden
+action of the Senate led him to believe that he could
+not delay his retirement without subjecting himself to the
+chance of fine and imprisonment under the Tenure-of-Office
+Law.<a id="FNanchor_103_103"></a><a href="#Footnote_103_103" class="fnanchor">[103]</a></p>
+<p><span class="pagenum"><a id="Page_308">[308]</a></span></p>
+<p>The quarrel between Johnson and Grant did not, however,
+help the impeachers, who were voted down in the
+Committee on Reconstruction, February 13, by 6 to 3,
+Stevens being in the minority.</p>
+
+<p>Stanton was now in a position of great embarrassment,
+being a member of the Cabinet by appointment of the
+Senate, but unable to attend Cabinet meetings. He was
+endowed with sufficient assurance for most purposes, but
+not enough to go to the White House and take a seat
+among gentlemen who would have looked upon him as
+an intruder and a spy. Johnson was advised by General
+Sherman and others to leave him severely alone.<a id="FNanchor_104_104"></a><a href="#Footnote_104_104" class="fnanchor">[104]</a></p>
+
+<p>If this advice had been followed, Stanton would have
+been exposed to ridicule ere long and the Senate could not
+have helped him to ward it off. But Johnson came to his
+rescue by making a fresh attempt to oust him. Eight days
+after Thaddeus Stevens's impeachment resolution had
+been voted down, two to one, in his own committee, the
+President sent a note to Edwin M. Stanton saying that
+he had removed him from the office of Secretary of War
+and appointed Lorenzo Thomas, the Adjutant-General
+of the Army, as Secretary of War <i>ad interim</i>. The new
+appointee immediately presented himself at the War
+Office and showing his authority demanded possession,
+which Stanton refused to yield.</p>
+
+<p>The tables were instantly turned. Stanton was no
+longer looked upon as holding an office with nothing to do
+except to draw his salary, but as a champion of the people
+defending them against a law-breaking President. Grant
+had warned Johnson months before that the public looked
+<span class="pagenum"><a id="Page_309">[309]</a></span>upon the Tenure-of-Office Law as constitutional until
+pronounced otherwise by the courts, and that although
+an astute lawyer might explain it differently the common
+people would "give it the effect intended by its framers,"
+that is, to protect Stanton.<a id="FNanchor_105_105"></a><a href="#Footnote_105_105" class="fnanchor">[105]</a></p>
+
+<p>This was sound advice. The revulsion in the public
+mind was electrical in suddenness and strength. The
+House of Representatives, which, on the 7th of December,
+by nearly two to one had rejected an impeachment
+resolution recommended by its Judiciary Committee, now
+(February 24) adopted the same resolution by 128 to 47.
+Every Republican member who was present, including
+James F. Wilson, voted in the affirmative. A committee of
+seven was appointed to prepare articles of impeachment
+and present them to the Senate. Nine such articles were
+reported to the House on the 2d of March and two additional
+ones on the following day, all of which were agreed
+to, and seven members of the House were appointed as
+managers to conduct the impeachment, namely: John A.
+Bingham, George S. Boutwell, James F. Wilson, Benjamin
+F. Butler, Thomas Williams, John A. Logan, and
+Thaddeus Stevens.</p>
+
+<p>The trial began on the 5th of March, Chief Justice
+Chase presiding. The President was represented by
+Henry Stanbery, Benjamin R. Curtis, William S. Groesbeck,
+William M. Evarts, and Thomas A. R. Nelson.
+The House managers were overmatched in point of legal
+ability by the President's counsel, and still more by the
+facts in the case. The first eight articles of impeachment
+were based upon the President's attempt to remove
+Stanton and appoint Thomas as Secretary of War <i>ad
+interim</i>, but inasmuch as Senator Sherman had publicly
+declared that Stanton, being an appointee of Lincoln,
+<span class="pagenum"><a id="Page_310">[310]</a></span>was not protected by the Tenure-of-Office Law, and that
+he ought to be removed anyhow if he refused to resign at
+the President's request, it was deemed best by the impeachers
+to divide the offense into two parts. So the first
+article related only to the removal of Stanton and the
+second only to the appointment of Thomas. This, it was
+believed, would enable Sherman to vote not guilty on the
+first, but guilty on the second. He could vote that the
+President had a perfect right to remove his Secretary of
+War, but no right to fill the vacancy, and that any attempt
+on his part to do so would be a high misdemeanor, punishable
+by impeachment and removal from office. And so
+it turned out as regarded Sherman's vote, and also that of
+Senator Howe, of Wisconsin, who shared Sherman's view
+that Stanton was not protected by the law.</p>
+
+<p>The ninth article charged the President with having a
+conversation with General Emory, who commanded the
+military department of Washington, and saying to him
+that that portion of the Army Appropriation Act, which
+provided that all orders relating to military affairs should
+be issued through the General of the Army, or the officer
+next in rank, and not otherwise, was unconstitutional,
+thus seeking to induce said Emory to violate the provisions
+of said act.</p>
+
+<p>The tenth article recited that Andrew Johnson did at
+certain times and places make and "deliver with a loud
+voice certain intemperate, inflammatory, and scandalous
+harangues and did therein utter loud threats and bitter
+menaces as well against Congress as the laws of the
+United States duly enacted thereby, amid the cries, jeers,
+and laughter of the multitudes then assembled." Extracts
+from the speeches were embodied in this article, "by
+means whereof the said Andrew Johnson has brought the
+high office of President of the United States into contempt,<span class="pagenum"><a id="Page_311">[311]</a></span>
+ridicule, and disgrace, to the great scandal of all good
+citizens, whereby said Andrew Johnson, President of the
+United States, did commit, and was then and there guilty
+of, a high misdemeanor in office." This article was the
+production of General Butler.</p>
+
+<p>The eleventh article embraced the charge of seeking to
+prevent Stanton from resuming his office as Secretary of
+War, but not that of removing him from it (this to accommodate
+Sherman and Howe), and a <i>m&eacute;lange</i> of all the
+charges in the preceding articles, ending with a charge
+that the President had in various ways attempted to prevent
+the execution of the Reconstruction Acts of Congress.
+Thaddeus Stevens considered it the only one of the
+series that was bomb-proof, but the Chief Justice ruled
+that the Stanton matter was the only thing of substance
+in it, the residue being mere objurgation. The answer
+filed by the President's counsel set forth:</p>
+
+<p>First, that the Tenure-of-Office Law, in so far as it
+sought to prevent the President from removing a member
+of his Cabinet, was unconstitutional; that such was the
+opinion of each member of his Cabinet, including Stanton,
+and that Stanton among others advised him to veto it;</p>
+
+<p>Second, that even if the law were in harmony with the
+Constitution the Secretary of War was not included in its
+prohibitions, since the term for which he was appointed
+had expired before the President sought to remove him;</p>
+
+<p>Third, that it seemed desirable, in view of the foregoing
+facts, to secure a judicial determination of all doubts
+respecting the rights and powers of the parties concerned,
+from the tribunal created for that purpose; and to this
+end he had taken the steps complained of, and that he
+had committed no intentional violation of law.</p>
+
+<p>In answer to the eleventh article, the defendant said
+that the matters contained therein, except the charge of<span class="pagenum"><a id="Page_312">[312]</a></span>
+preventing the return of Stanton to the office of Secretary
+of War, did not allege the commission or omission
+of any act whatever whereby issue could be joined or
+answer made. As to the Stanton matter, his answer was
+already given in the answer to the first article.</p>
+
+<p>There were two theories rife in the Senate and in the
+country, respecting this trial. One was that impeachment
+was a judicial proceeding where charges of treason,
+bribery, or other high crimes or misdemeanors were to be
+alleged and proved; the Senators sitting as judges, hearing
+testimony and argument, and voting guilty or not
+guilty. This opinion was generally accepted at first, both
+in and out of Congress, and was the correct one. The
+other was that impeachment was a political proceeding
+which the whole people were as competent to decide as
+the Senate. This was the view taken by Charles Sumner
+and avowed by him in his written opinion while sitting as
+one of the sworn judges to vote guilty or not guilty, and
+it came to be the opinion prevailing in the Republican
+party generally before the case was ended. According to
+this view it was a question for the people to decide in their
+character as an unsworn "multitudinous jury." No
+method of arriving at, or of recording, their verdict was
+suggested or deemed necessary. To a person holding this
+view the trial itself was logically a waste of time, since a
+decision could have been reached without a scrap of testimony,
+or a single speech, on either side.</p>
+
+<p>The trial lasted from the 5th of March to the 16th of
+May, and the heat and fury of the contest both in and
+out of Congress became more intense from day to day.
+The impeachers lost ground in the estimation of the
+sober-minded and reflecting classes by their intemperate
+language, by their frantic efforts to bring outside pressure
+to bear upon Senators, and especially by their refusal to<span class="pagenum"><a id="Page_313">[313]</a></span>
+admit testimony offered to show that the President's
+intent was not to defy the law, but to get a judicial decision
+as to what the law was. The Chief Justice ruled that
+testimony to prove intent was admissible, and Senator
+Sherman asked to have it admitted, but it was excluded
+by a majority vote. Testimony to prove that Stanton
+advised the President that the Tenure-of-Office Law was
+unconstitutional and that he aided in writing the veto
+message was excluded by the same vote. Gideon Welles,
+under date April 18,<a id="FNanchor_106_106"></a><a href="#Footnote_106_106" class="fnanchor">[106]</a> says that Sumner, who had previously
+moved to admit all testimony offered, absented himself
+when it was proposed to call the Cabinet officers as
+witnesses. Monday, May 11, the case was closed and the
+Senate retired for deliberation. The session was secret,
+but the views of Senators, so far as expressed, leaked out.
+"Grimes boldly denounced all the articles," says Welles,
+"and the whole proceeding. Of course he received the
+indignant censure of all radicals; but Trumbull and Fessenden,
+who followed later, came in for even more violent
+denunciation and more wrathful abuse."</p>
+
+<p>The vote was not taken until the 16th, and the intervening
+time was employed by the impeachers in bringing
+influence to bear upon Senators who had not definitely
+declared how they would vote. There were 54 votes in all;
+two thirds were required to convict. There were 12 Democrats,
+counting Dixon, Doolittle, and Norton, who had
+been elected as Republicans, but had been classed as
+Democrats since they had taken part in the Philadelphia
+Convention of August, 1866. If seven Republicans
+should join the twelve in voting not guilty, the President
+would be acquitted. Three had declared in the conference
+of Monday, the 11th, for acquittal, and they were men
+who could not be swerved by persuasion or threats after
+<span class="pagenum"><a id="Page_314">[314]</a></span>they had made up their minds. If four more should join
+with the three, impeachment would fail. Welles names as
+doubtful to the last Senators Anthony and Sprague, of
+Rhode Island, Van Winkle and Willey, of West Virginia,
+Frelinghuysen, of New Jersey, Morgan, of New York,
+Corbett, of Oregon, Cole, of California, Fowler, of Tennessee,
+Henderson, of Missouri, and Ross, of Kansas. He
+adds, May 14:</p>
+
+<blockquote><p>The doubtful men do not avow themselves, which, I think, is
+favorable to the President, and the impeachers display distrust
+and weakness. Still their efforts are unceasing and almost
+superhuman. But some of the more considerate journals, such
+as the New York <i>Evening Post</i>, Chicago <i>Tribune</i>, etc., rebuke
+the violent. The thinking and reflecting portion of the country,
+even Republicans, show symptoms of revolt against the conspiracy.<a id="FNanchor_107_107"></a><a href="#Footnote_107_107" class="fnanchor">[107]</a></p></blockquote>
+
+<p>The article in the New York <i>Evening Post</i> of May 14,
+two days before the first vote was taken, is a column long.
+It can only be summarized here.</p>
+
+<blockquote><p>So long as the court sat, it says, decency forbade the discussion
+of the issue elsewhere. It characterizes the articles of
+impeachment in groups and severally, and says Article XI
+"reads like a jest, in charging solemn official acts of 1868 as
+done in pursuance of an extreme and excited declaration, made
+to a crowd, in a political speech almost two years before...."
+Impertinent issues were constantly pressed upon the court from
+without. The New York <i>Tribune</i> demanded conviction and
+removal for breaking the Tenure-of-Office Act, because, it said,
+the President was guilty of drunkenness, adultery, treason, and
+murder. The investigation is of a sudden changed in its nature
+by the advocates of conviction and becomes a matter of politics,
+and no longer a judicial concern. Senator Wilson leads off
+by violating an absolutely fundamental principle of the life and
+law of every free people, i.e., the principle that an accused man
+shall have the benefit of a doubt, and be believed innocent until
+<span class="pagenum"><a id="Page_315">[315]</a></span>proved guilty. Wilson says: "I shall give the benefit of whatever
+doubts have arisen to perplex and embarrass me to my
+country rather than to the Chief Magistrate." ... Here was a
+plain confession that to obtain conviction a "first principle of
+public law must be sacrificed; that one prominent judge, at
+least, would condemn the accused, however conscientiously,
+from other than judicial motives." It describes graphically
+the pressure brought to bear upon the court and its shameless
+character, and quotes from the New York <i>Tribune's</i> flagrant
+attack upon Grimes, Trumbull, and Fessenden, "three of the
+most honored statesmen and tried patriots in the land."
+"Thus," it says, "a prominent party organ tries to instigate
+the passions of the multitude to drive the court to the judgment
+it desires."</p></blockquote>
+
+<p>"In a meeting of the Republican Campaign Club on Tuesday
+evening," it continues, "Charles S. Spencer said that 'as a man
+of peace and one obedient to the laws, he would advise Senator
+Trumbull not to show himself on the streets in Chicago during
+the session of the National Republican Convention, for he
+feared that the representatives of an indignant people would
+hang him to the most convenient lamp-post.' And the meeting
+adopted and ordered to be sent to our Senators in Congress, a
+resolution, 'that any Senator of the United States elected by
+the votes of Union Republicans, who at this time blenches and
+betrays, is infamous, and should be dishonored and execrated
+while this free Government endures.'"</p>
+
+<p>The following is from the Chicago <i>Tribune</i>, May 14,
+1868:</p>
+
+<blockquote><p>IMPEACHMENT</p>
+
+<p>... The man who demands that each Republican Senator
+shall blindly vote for conviction upon each article is a madman
+or a knave. Why a Senator, or any number of Senators, should
+be at liberty to vote as conscience dictates on any of the articles,
+provided there be a conviction on some one of them, and not
+be at liberty to vote conscientiously unless a conviction be
+secured, is only to be explained upon the theory that the President
+is expected to be convicted no matter whether Senators
+think he has been guilty or not. We have protested, and do
+now protest, against the degradation and prostitution of the<span class="pagenum"><a id="Page_316">[316]</a></span>
+Republican party to an exercise of power so revolting that the
+people will be justified in hurling it from place at the first opportunity.
+We protest against any warfare by the party or any
+portion of it against any Senator who may, upon the final vote,
+feel constrained to vote against conviction upon one, several,
+or even all of the articles. A conviction by a free and deliberate
+judgment of an honest court is the only conviction that should
+ever take place on impeachment; a conviction under any other
+circumstances will be a fatal error. To denounce such Senators
+as corrupt, to assail them with contumely and upbraid them
+with treachery for failing to understand the law in the same
+light as their assailants, would be unfortunate folly, to call it
+by the mildest term; and to attempt to drive these Senators
+out of the party for refusing to commit perjury, as they regard
+it, would cause a reaction that might prove fatal not only to
+the supremacy of the Republican party, but to its very existence.
+Those rash papers which have undertaken to ostracise
+Senators&mdash;men like Trumbull, Sherman, Fessenden, Grimes,
+Howe, Henderson, Frelinghuysen, Fowler, and others&mdash;are but
+aiding the Copperheads in the dismemberment of our party.</p></blockquote>
+
+<p>From the <i>Nation</i>, May 14, 1868.</p>
+
+<blockquote><p>... Can any party afford to treat its leading men as a part of
+the Republican press has been treating leading Republicans
+during the last few weeks? Senators of the highest character,
+who, in being simply honest and in having a mind of their own,
+render more service to the country than fifty thousand of the
+windy blatherskites who assail them, have been abused like
+pickpockets, simply because they chose to think. We have,
+during the last week, heard language applied to Mr. Fessenden
+and Mr. Trumbull, for instance, which was fit only for a compound
+of Benedict Arnold and John Morrissey, and all their
+colleagues have been warned beforehand, that if they pleaded
+their oaths as an excuse for differing from anybody who happened
+to edit a newspaper, they would be held up to execration
+as knaves and hypocrites. Now, the class of men who are most
+needed in our politics just now are high-minded, independent
+men, with their hands clean and souls of their own. Their
+errors of judgment are worth bearing with for the sake of their
+character. Yet this class is becoming smaller and smaller, fall<span class="pagenum"><a id="Page_317">[317]</a></span>ing
+more and more into disrepute. The class of roaring, corrupt,
+ignorant demagogues, who are always on "the right side" with
+regard to all party measures, grows apace; and, if we are not
+greatly mistaken, if the Republican party does not make short
+work with them before long, they will make short work of it....</p></blockquote>
+
+<p>When it became known that Grimes, Trumbull, and
+Fessenden would vote not guilty, the pressure from outside
+was redoubled upon others who had been reckoned
+doubtful, and especially upon Henderson, Fowler, and
+Ross.</p>
+
+<p>Even the General Conference of the Methodist Episcopal
+Church, then in session at Chicago, was called upon
+to lend a hand, and a motion was made on the 13th of
+May for an hour of prayer in aid of impeachment. An
+aged delegate moved to lay that proposal on the table,
+saying:</p>
+
+<blockquote><p>My understanding is that impeachment is a judicial proceeding
+and that Senators are acting under an oath. <i>Are we to pray
+to the Almighty that they may violate their oaths?</i></p></blockquote>
+
+<p>The motion to lay on the table prevailed. On the following
+day, however, Bishop Simpson offered a new preamble
+and resolution, omitting any expression of opinion
+that Senators ought to vote for conviction, but reciting
+that "painful rumors are in circulation that, partly by
+unworthy jealousies and partly by corrupt influences,
+pecuniary and otherwise, most actively employed, efforts
+were being made to influence Senators improperly, and
+to prevent them from performing their high duty"; therefore,
+an hour should be set apart in the following day for
+prayer to beseech God "to save our Senators from error."
+This cunningly drawn resolution was adopted without
+opposition. It was supposed to have been aimed at Senator
+Willey, of West Virginia, rather than at the Throne
+of Grace.</p><p><span class="pagenum"><a id="Page_318">[318]</a></span></p>
+
+<p>Under the rules adopted for the trial each Senator was
+allowed to file a written opinion. That of Trumbull was
+the first one in the list. Among other things he said:</p>
+
+<blockquote><p>To do impartial justice in all things appertaining to the present
+trial, according to the Constitution and laws, is the duty
+imposed on each Senator by the position he holds and the oath
+he has taken, and he who falters in the discharge of that duty,
+either from personal or party considerations, is unworthy his
+position, and merits the scorn and contempt of all just men.</p>
+
+<p>The question to be decided is not whether Andrew Johnson is
+a proper person to fill the presidential office, nor whether it is fit
+that he should remain in it, nor, indeed, whether he has violated
+the Constitution and laws in other respects than those
+alleged against him. As well might any other fifty-four persons
+take upon themselves by violence to rid the country of Andrew
+Johnson, because they believed him a bad man, as to call upon
+the fifty-four Senators, in violation of their sworn duty, to convict
+and depose him for any other causes than those alleged in
+the articles of impeachment. As well might any citizen take
+the law into his own hands and become its executioner as to ask
+the Senate to convict, outside of the case made. To sanction
+such a principle would be destructive of all law and all liberty
+worth the name, since liberty unregulated by law is but another
+name for anarchy.</p></blockquote>
+
+<p>He then took up the articles of impeachment <i>seriatim</i>
+and showed that they all hinged upon the removal of
+Stanton and the <i>ad interim</i> appointment of Thomas.</p>
+
+<blockquote><p>But even if a different construction could be put upon the
+law [he continued], I could never consent to convict the Chief
+Magistrate of a high misdemeanor and remove him from office
+for a misconstruction of what must be admitted to be a doubtful
+statute, and particularly when the misconstruction was the
+same put upon it by the authors of the law at the time of its
+passage.</p></blockquote>
+
+<p>As to the charge that he (Trumbull) had already
+voted that the President had no authority to remove
+Stanton, he said:</p><p><span class="pagenum"><a id="Page_319">[319]</a></span></p>
+
+<blockquote><p>Importance is sought to be given to the passage by the
+Senate, before impeachment articles were found by the House
+of Representatives, of the following resolutions: "Resolved by
+the Senate of the United States, That under the Constitution
+and laws of the United States the President has no power to
+remove the Secretary of War and designate any other officer to
+perform the duties of that office <i>ad interim</i>" as if Senators, sitting
+as a court on the trial of the President for high crimes and
+misdemeanors, would feel bound or influenced in any degree by a
+resolution introduced and hastily passed before adjournment
+on the very day the orders to Stanton and Thomas were issued.
+Let him who would be governed by such considerations in passing
+on the guilt or innocence of the accused, and not by the law
+and the facts as they have been developed in the trial, shelter
+himself under such a resolution. I am sure no honest man
+could.</p></blockquote>
+
+<p>He concluded with these words:</p>
+
+<blockquote><p>Once set the example of impeaching a President for what,
+when the excitement of the hour shall have subsided, will be
+regarded as insufficient cause, and no future President will be
+safe who happens to differ with a majority of the House and
+two thirds of the Senate on any measure deemed by them
+important, particularly if of a political character. Blinded by
+partisan zeal, with such an example before them they will not
+scruple to remove out of the way any obstacle to the accomplishment
+of their purpose, and what then becomes of the
+checks and balances of the Constitution so carefully devised
+and so vital to its perpetuity? They are all gone. In view of
+the consequences likely to flow from this day's proceedings,
+should they result in conviction on what my judgment tells me
+are insufficient charges and proofs, I tremble for the future of
+my country. I cannot be an instrument to produce such a
+result, and at the hazard of the ties even of friendship and affection,
+till calmer times shall do justice to my motives, no alternative
+is left me but the inflexible discharge of duty.</p></blockquote>
+
+<p>Gideon Welles, under date May 16, says:</p>
+
+<blockquote><p>Willey, after being badgered and disciplined to decide against
+his judgment, at a late hour last night agreed to vote for the<span class="pagenum"><a id="Page_320">[320]</a></span>
+eleventh article, which was one reason for reversing the order
+and making it the first.... Bishop Simpson, a high priest of
+the Methodists and a sectarian politician of great shrewdness
+and ability, had brought his clerical and church influence to
+bear upon Willey through Harlan, the Methodist elder and organ
+in the Senate.<a id="FNanchor_108_108"></a><a href="#Footnote_108_108" class="fnanchor">[108]</a></p></blockquote>
+
+<p>So the managers vaulted over ten articles and began
+the roll-call on the last of the series. The vote resulted:
+guilty, 35; not guilty, 19. One less than two thirds had
+voted not guilty; so the President was acquitted on an
+article, the gravamen of which was the President's
+attempt to prevent Stanton from returning to office after
+the Senate had non-concurred in his removal. Sherman,
+Howe, and Willey had voted guilty on this article, but
+Henderson, Fowler, Ross, and Van Winkle had voted not
+guilty.</p>
+
+<p>The impeachers were stunned, and before they could
+collect their thoughts, the Chief Justice, in pursuance of
+a rule previously adopted, directed that the vote should
+now be taken on the first article. He was interrupted by
+a motion to adjourn, which he ruled out of order. An
+appeal from the decision was taken and sustained by a
+majority vote, and the Senate sitting as a court of impeachment
+adjourned for ten days. The utmost efforts
+and direst threats were brought to bear upon Senator
+Ross because he was believed to be weak and defenseless,
+but he remained firm. When the court reassembled on the
+26th of May, the first article of impeachment, the one
+which charged the President with the high misdemeanor
+of removing Stanton from office, was jettisoned altogether,
+and votes were taken on the second and third
+articles, relating to the appointment of Thomas as Secretary
+<i>ad interim</i>. On both of these articles the result was
+<span class="pagenum"><a id="Page_321">[321]</a></span>identical in number and personnel with that on the eleventh
+article. Impeachment had failed. The court then
+adjourned <i>sine die</i>.</p>
+
+<p>The opposition to impeachment had some latent
+strength that was never officially disclosed. Sprague, of
+Rhode Island, and Willey, of West Virginia, attended the
+meetings of the Republican anti-impeachers and said
+they would vote not guilty if their votes should be
+needed.<a id="FNanchor_109_109"></a><a href="#Footnote_109_109" class="fnanchor">[109]</a> The President was assured that Morgan would
+do the same.<a id="FNanchor_110_110"></a><a href="#Footnote_110_110" class="fnanchor">[110]</a></p>
+
+<p>On the same day, Edwin M. Stanton wrote a note to
+the President saying that inasmuch as impeachment had
+failed he had relinquished the War Department and had
+left the contents thereof in charge of the senior Assistant
+Adjutant-General. He then retired to his own home
+broken in health by hard labor and clouded in reputation
+by his retention of a place in the Cabinet in defiance of
+his chief. Not even success in maintaining his position
+could excuse such an act. Failure made it a glaring misdemeanor.
+An attempt has been made to shift the responsibility
+for his action to the shoulders of Sumner and his
+other backers in the Senate, who advised him to "stick."
+Undoubtedly they did so advise, and undoubtedly they
+believed, and persuaded him to believe, that it was a
+patriotic duty to commit a glaring breach of good manners
+and to persist in it for months; but the responsibility
+for such an act could not be assumed by other persons.
+Moreover, if it was a breach of the Constitution for the
+Senate to forbid the President to choose his own cabinet,
+as Stanton himself had affirmed, it was a breach of the
+Constitution for him to co&ouml;perate with the Senate in
+doing so.</p>
+<p><span class="pagenum"><a id="Page_322">[322]</a></span></p>
+<blockquote><p>The glory of the trial [says Mr. Rhodes]<a id="FNanchor_111_111"></a><a href="#Footnote_111_111" class="fnanchor">[111]</a> was the action of
+the seven recusant Senators.... The average Senator who
+hesitated finally gave his voice with the majority, but these
+seven, in conscientiousness and delicacy of moral fibre, were
+above any average, and in refusing to sacrifice their ideas of
+justice to a popular demand, which in this case was neither
+insincere nor unenlightened, they showed a degree of courage
+than which we know none higher. Hard as was their immediate
+future they have received their meed from posterity, their
+monument in the admiring tribute of all who know how firm
+they stood in an hour of supreme trial.</p></blockquote>
+
+<p>In this comment there is now general concurrence.
+Even Ross has been immortalized by his resolute adherence
+to what he believed to be right. His trial was the
+hardest of all, because on the one hand he had no accumulated
+reputation to fall back upon, and on the other
+hand he had the most radical state in the Union to deal
+with. Moreover, he was desperately poor, his only property
+being a starving country newspaper. Ill-luck followed
+him after his term expired. A cyclone struck the
+town of Coffeyville, Kansas, and scattered the contents
+of his newspaper office over the adjacent prairie. Among
+the Trumbull papers is an appeal from the local relief
+committee for help to start Ross's newspaper again, and
+a donation from Trumbull of two hundred dollars for
+this purpose. Some forty years later, Ross died in New
+Mexico, old and poor. He had been a soldier in the
+Civil War. Congress by a special act voted him a pension,
+before his death. This was a solace on the brink of
+the grave and a tribute to his fidelity to principle in a
+trying hour. It was recognized as such and applauded by
+the press of the country without a discordant note. In
+the award of credit for adherence to convictions of duty
+in the trial of Andrew Johnson, three other Senators
+<span class="pagenum"><a id="Page_323">[323]</a></span>have been for the most part overlooked, namely, James
+Dixon, of Connecticut, James R. Doolittle, of Wisconsin,
+and Daniel S. Norton, of Minnesota. All of these were
+elected as Republicans and all of them walked in the fiery
+furnace along with the Seven, or rather preceded them
+thither. The reason why they have been neglected by
+the muse of history is that they started two years earlier.
+They went to the Philadelphia Arm-in-Arm Convention
+and thus became classified as Democrats. Edgar Cowan,
+of Pennsylvania, did likewise. His term expired, however,
+before impeachment reached the acute stage. Dixon
+and Doolittle had served through Lincoln's entire term.
+They approved of his Reconstruction policy and simply
+adhered to it after Johnson came in. They received a
+larger share of contumely as turn-coats and outcasts
+than the Seven, because they began to earn that distinction
+earlier. Doolittle accepted political martyrdom
+without a murmur. The legislature of Wisconsin passed
+resolutions denouncing his support of President Johnson
+and his policy and demanded his resignation as a Senator,
+and these resolutions were presented to the Senate by his
+colleague, Timothy O. Howe, and were answered by Doolittle
+on the floor of the Senate in a manly way. If there
+are laurels to be distributed at this late day, he and his
+three allies are entitled to "a far more exceeding and
+eternal weight of glory."</p>
+
+<p>Trumbull received his quota of abuse and vilification
+for his vote against impeachment from small-minded
+newspapers and local politicians. To these it seemed an
+infernal shame that he had still five years to serve in the
+Senate before they could turn him out. The only reply he
+ever made in writing, so far as I know, was in a letter
+dated May 20 to Gustave Koerner, which the latter
+caused to be published in the Belleville <i>Advocate</i>, reiterating<span class="pagenum"><a id="Page_324">[324]</a></span>
+in brief the views expressed in his opinion as a member
+of the court.</p>
+
+<p>Fessenden's unexpired term was shorter than Trumbull's.
+He was read out of the party rather prematurely.
+In the autumn following his vote on impeachment,
+George H. Pendleton, of Ohio, made his appearance as
+a stump speaker in Maine supporting the Democratic
+policy of "paying the bonds in greenbacks." This was a
+new issue in the East, and a rather puzzling one everywhere.
+Pendleton had been a candidate for the presidency
+in the national convention on that platform, but
+had fallen somewhat short of a nomination. Fessenden
+was the only man within reach able to meet him and
+expose his fallacies on the stump. The party was in danger
+of losing the state. It was obliged to call for the Senator's
+help. He responded favorably, took the field and
+routed the Greenbackers completely. This was his last
+victory. He had been in poor health for some years.
+Overwork and over-anxiety as chairman of the Finance
+Committee during the War, and later as Secretary of the
+Treasury, had told upon a feeble frame. He died September
+2, 1869, and with him passed away the most
+clairvoyant mind, joined to the most sterling character,
+that the state of Maine ever contributed to the national
+councils. Whether, if his life and health had been spared,
+he could have been re&euml;lected to the Senate, is doubtful.
+Gideon Welles was informed that he had not a friend in
+the Maine legislature. When his death was announced
+in the Senate, Trumbull said of him:</p>
+
+<blockquote><p>As a debater engaged in the current business of legislation
+the Senate has not had his equal in my time. No man could
+detect a sophistry or perceive a scheme or a job quicker than he,
+and none possessed the power to expose it more effectually. He
+was a practical, matter-of-fact man utterly abhorring all show,
+pretension, and humbug....<span class="pagenum"><a id="Page_325">[325]</a></span>
+But I did not rise so much to speak of the great abilities and
+noble traits of character which have made Mr. Fessenden's
+death to be felt as a national calamity, as of the personal loss
+which I myself feel at his departure. Only three others are now
+left who were here when I came to the Senate, and there is but
+one who came with me. There has been no one here since I
+came to whom I oftener went for counsel and whose opinions
+I have been accustomed more to respect than those of our
+departed friend. There were occasions during our fourteen
+years of service together when we differed about minor matters
+and had controversies, for the time unpleasant, but I never lost
+my respect for him, nor do I believe that he ever did for me.
+He was my friend more closely, perhaps, the last year or two
+than ever before. Like other Senators I shall miss him in the
+daily transactions of this chamber, and perhaps more than any
+other shall miss him as the one person from whom I most frequently
+sought advice. I am not one of those, however, who
+believe that constitutional liberty, our free institutions, or the
+progress of the age depend upon any one individual. When the
+great and good Lincoln was stricken down, I did not believe
+that the Government would fail, or liberty perish. Though his
+loss may have subjected the country to many trials it would
+not otherwise have had, still our Government stands and liberty
+survives. Another has taken Mr. Fessenden's place; others will
+soon occupy ours, to discharge their duties better, perhaps,
+than we have done, and he among us to-day will be fortunate,
+indeed, if, when his work on earth is done, he shall leave behind
+him a life so pure and useful, a reputation so unsullied, a patriotism
+so ardent, and a statesmanship so conspicuous as William
+Pitt Fessenden.<a id="FNanchor_112_112"></a><a href="#Footnote_112_112" class="fnanchor">[112]</a></p></blockquote>
+
+<p>Grimes had a stroke of paralysis while the impeachment
+trial was in progress, and it was feared that he
+could not be in his seat when the time for voting came,
+but he rallied sufficiently to be carried into the Senate
+Chamber and to rise upon his feet when his name was
+called. When he learned the nature of his malady he
+announced that he would not be a candidate for re&euml;lec<span class="pagenum"><a id="Page_326">[326]</a></span>tion.
+Thus he was taken out of the reach of party vengeance,
+but though as pure as ice, he did not escape calumny.</p>
+
+<p>John B. Henderson died while this book was passing
+through the press. He was the only one of the Seven
+Traitors whom the Republican party publicly and formally
+forgave. He lost his seat in the Senate as he
+expected, and he retired to private life as a lawyer in the
+city of St. Louis. Twelve years passed. Two presidential
+lustrums of Grant and one of Hayes had erased from the
+hearts of men the burning sensations of impeachment.
+In 1884, a convention assembled in Chicago to nominate
+a candidate of the Republican party for the presidency.
+I happened to be there. On the second day of its sitting,
+the Committee on Permanent Organization reported the
+name of John B. Henderson, of Missouri, for permanent
+chairman. The assembled multitude knew at once the
+significance of the nomination and gave cheer after cheer
+of applause and approval. It was the signal that all was
+forgiven on both sides. Which side most needed forgiveness
+was not asked.</p>
+
+<p>In August, 1868, all the sorrows of Trumbull's public
+life were submerged and belittled by a domestic affliction.
+His wife, Julia Jayne Trumbull, died on the 16th of that
+month, at her home in Washington City, in the forty-fifth
+year of her age, and was buried in the cemetery of
+her native place, Springfield, Illinois. She was the mother
+of six children, all boys, three of whom were living at
+the time of her death.</p><p><span class="pagenum"><a id="Page_327">[327]</a></span></p>
+
+<div class="footnotes">
+<h3>FOOTNOTES:</h3>
+
+<div class="footnote"><p><a id="Footnote_103_103"></a><a href="#FNanchor_103_103"><span class="label">[103]</span></a> On the 3d of August, 1868, shortly after his acquittal, Johnson wrote a
+letter to Benjamin C. Truman, his former secretary, which gives his estimate
+of Grant and throws some new light on the politics of the time. There is nothing
+to show which of the Blairs was referred to as giving him advice as to the make-up
+of his Cabinet, but it was probably Montgomery. He says:
+</p><p>
+"I may have erred in not carrying out Mr. Blair's request by putting into my
+Cabinet Morton, Andrew, and Greeley. I do not say I should have done so had
+I my career to go over again, for it would have been hard to have put out Seward
+and Welles, who had served satisfactorily under the greatest man of all. Morton
+would have been a tower of strength, however, and so would Andrew. No
+senator would have dared to vote for impeachment with those two men in my
+Cabinet. Grant was untrue. He meant well for the first two years, and much
+that I did that was denounced was through his advice. He was the strongest
+man of all in the support of my policy for a long while and did the best he could
+for nearly two years in strengthening my hands against the adversaries of constitutional
+government. But Grant saw the radical handwriting on the wall and
+heeded it. I did not see it, or, if seeing it, did not heed it. Grant did the proper
+thing to save Grant, but it pretty nearly ruined me. I might have done the
+same thing under the same circumstances. At any rate, most men would....
+Grant had come out of the war the greatest of all. It is true that the rebels were
+on their last legs and that the Southern ports were pretty effectually blockaded,
+and that Grant was furnished with all the men that were needed, or could be
+spared, after he took command of the Army of the Potomac. But Grant helped
+more than any one else to bring about this condition. His great victories at
+Donelson, Vicksburg, and Missionary Ridge all contributed to Appomattox."
+(<i>Century Magazine</i>, January, 1913.)</p></div>
+
+<div class="footnote"><p><a id="Footnote_104_104"></a><a href="#FNanchor_104_104"><span class="label">[104]</span></a> Rhodes, <i>History of the United States</i>, <span class="smcap">vi</span>, 104.</p></div>
+
+<div class="footnote"><p><a id="Footnote_105_105"></a><a href="#FNanchor_105_105"><span class="label">[105]</span></a> McPherson, <i>Reconstruction</i>, p. 307.</p></div>
+
+<div class="footnote"><p><a id="Footnote_106_106"></a><a href="#FNanchor_106_106"><span class="label">[106]</span></a> <i>Diary of Gideon Welles</i>, <span class="smcap">iii</span>, 335.</p></div>
+
+<div class="footnote"><p><a id="Footnote_107_107"></a><a href="#FNanchor_107_107"><span class="label">[107]</span></a> <i>Diary of Gideon Welles</i>, <span class="smcap">iii</span>, 355.</p></div>
+
+<div class="footnote"><p><a id="Footnote_108_108"></a><a href="#FNanchor_108_108"><span class="label">[108]</span></a> <i>Diary of Gideon Welles</i>, <span class="smcap">iii</span>, 358.</p></div>
+
+<div class="footnote"><p><a id="Footnote_109_109"></a><a href="#FNanchor_109_109"><span class="label">[109]</span></a> This fact is mentioned in Dunning's <i>Reconstruction</i>, p. 107, on the authority
+of ex-senator Henderson. The latter verbally made the same statement to me.</p></div>
+
+<div class="footnote"><p><a id="Footnote_110_110"></a><a href="#FNanchor_110_110"><span class="label">[110]</span></a> <i>Century Magazine</i>, January, 1913.</p></div>
+
+<div class="footnote"><p><a id="Footnote_111_111"></a><a href="#FNanchor_111_111"><span class="label">[111]</span></a> <i>History of the United States</i>, <span class="smcap">vi</span>, 156.</p></div>
+
+<div class="footnote"><p><a id="Footnote_112_112"></a><a href="#FNanchor_112_112"><span class="label">[112]</span></a> <i>Cong. Globe</i>, 1869, p. 113.</p></div>
+</div>
+
+<hr class="chap" />
+
+<h2 id="CHAPTER_XXI">CHAPTER XXI</h2>
+
+<p class="h3">THE McCARDLE CASE&mdash;GRANT'S CABINET&mdash;THE FIFTEENTH AMENDMENT</p>
+
+<p>In November, 1867, General Ord, commanding the
+military district of Mississippi, arrested and imprisoned
+an editor named W. H. McCardle, for alleged libelous and
+incendiary publications. McCardle applied to the United
+States Circuit Court for a writ of <i>habeas corpus</i> under the
+same act of Congress which Milligan had successfully
+invoked. The writ was granted, a hearing was had, and
+the prisoner was remanded to the custody of the military
+authorities. McCardle took an appeal to the Supreme
+Court. The Attorney-General of the United States, Mr.
+Henry Stanbery, decided not to appear in the case. General
+Grant was at this time Secretary of War <i>ad interim</i>,
+and Stanbery notified him of the pending case and suggested
+to him the propriety of employing counsel to represent
+the military authorities having McCardle in custody.
+As this was a case involving the validity of the Reconstruction
+laws of Congress, General Grant took steps to
+defend, and addressed a letter to Senator Trumbull,
+dated January 8, 1868, saying: "This Department desires
+to engage your professional services, for that object."
+Trumbull replied on the 11th, accepting the employment,
+and saying that he should desire to have other counsel
+associated with him. A few days later he secured the
+assistance of Matt. H. Carpenter, of Wisconsin. A brief
+was prepared, and both Trumbull and Carpenter made
+oral arguments. McCardle was represented by Jeremiah
+S. Black.</p><p><span class="pagenum"><a id="Page_328">[328]</a></span></p>
+
+<p>Trumbull's argument was made on the 4th of March.
+He contended that the court had no jurisdiction, and
+that, therefore, the appeal should be dismissed. The legislation
+of Congress on the subject was as follows: The
+Act of 1789, establishing the judiciary, did not give the
+right of appeal to the Supreme Court in <i>habeas corpus</i>
+cases. It was omitted in order to avoid lumbering the
+docket of the highest tribunal with petty details. On the
+5th of February, 1867, Congress passed an act granting
+the right of appeal to the Supreme Court in such cases, in
+order to protect negroes and white Unionists in the South.
+The last clause of the act was in these words:</p>
+
+<blockquote><p>This act shall not apply to the case of any person who is or
+may be held in the custody of the military authorities of the
+United States <i>charged with any military offense</i>, or with having
+aided or abetted rebellion against the Government of the
+United States prior to the passage of this act.</p></blockquote>
+
+<p>It was Trumbull's contention that McCardle fell
+within this exception, and hence that the right of appeal,
+so far as he was concerned, did not exist.</p>
+
+<p>Congress was in trepidation as to the outcome of the
+case and was resolved to take no chances on it. Various
+legislative remedies were proposed. One was to require a
+unanimous vote of the Supreme Court to pronounce any
+act of Congress unconstitutional and void. A bill requiring
+a two-thirds vote of the court in such cases actually
+passed the House on the 13th of January by yeas 116,
+nays 39, but it was never considered by the Senate. The
+end was accomplished, however, in a different way. The
+Senate had passed a bill of only one section, reported by
+Williams, of Oregon, from the Committee on Finance, to
+amend the code of judicial procedure in revenue cases.
+The House attached to this bill another section repealing
+so much of the Act of February 5, 1867, as authorized an<span class="pagenum"><a id="Page_329">[329]</a></span>
+appeal to the Supreme Court in the class of cases therein
+named, and withdrawing from the Supreme Court jurisdiction
+as to appeals already taken. This bill passed the
+House March 13, 1868, without a division. It was taken
+up in the Senate on the motion of Senator Williams and
+passed by a vote of 32 to 6 the same day, although Senators
+Buckalew and Hendricks asked for an explanation
+of its meaning, which was not given to them.</p>
+
+<p>Although Buckalew and Hendricks did not have time
+to find out the nature of this bill, Andrew Johnson did.
+In due time he returned it to the Senate with a veto message,
+exposing it as a measure to deprive citizens of their
+rights under existing law and to arrest proceedings already
+in course of judicial determination. On this veto
+there was a debate in the Senate beginning on March 25,
+1868, in which the Democrats, led by Hendricks, had
+decidedly the best of it. The supporters of the bill had
+very little to say for themselves. Trumbull contended
+that the bill did not affect any case then pending in the
+court, but in this debate he was worsted by Doolittle,
+who showed that it applied to the McCardle case. Trumbull
+and Carpenter had argued that the Supreme Court
+had no jurisdiction, since military cases were not appealable
+under the Act of February 5, 1867. The court had
+ruled against them because McCardle was arrested, not
+for a military, but for a civil offense. It still remained to
+be determined whether the court below had jurisdiction.
+Trumbull was confident that the Supreme Court would
+hold that the lower court had no such jurisdiction, in
+which case the appeal would fail and the bill vetoed by
+the President would be nugatory as to McCardle. Doolittle
+in reply showed that the bill did cut off McCardle's
+rights as an appellant, and the Supreme Court so held in
+the month of December following, when it dismissed the<span class="pagenum"><a id="Page_330">[330]</a></span>
+petition expressly on the ground that its jurisdiction had
+been withdrawn by the Act of March 27, 1868. The bill
+was passed over the veto on that date, by 33 to 9 in the
+Senate and by 115 to 34 in the House. It was partisan
+legislation. The Republicans drew a long breath after its
+passage because they had apprehended another Milligan
+decision, undermining, perhaps, the whole fabric of
+Congressional Reconstruction. Had not the court been
+deterred by the critical condition of public affairs, it might
+with perfect propriety have retained its jurisdiction and
+decided in favor of McCardle, since the Act of March 27
+was glaringly unjust as to him. But the judges were
+intimidated by the awful pother o'er their heads and
+were glad of an excuse to drop McCardle.</p>
+
+<p>It was not so easy to drop Trumbull, however. He was
+both Senator and retained counsel in this case. Therefore
+he ought not to have used the former position to help his
+own side in the litigation. The bill did not originate with
+him, or his committee, but he voted for it twice, although
+his vote was not needed. There was a two-thirds majority
+without him. True, he maintained that the bill did not
+apply to McCardle, but most of the Senators who took
+part in the debate held that it did. In a case of doubt
+involving the rights of a litigant, he ought to have refrained
+from voting.</p>
+
+<p>Eventually he received $10,000 as compensation for
+legal services in this and one other case in which he had
+been retained by the War Department. The amount was
+fixed by Stanton, and was paid in part by him and in part
+by Secretary Rawlins after Grant became President.
+Somewhat later this payment became a subject of criticism
+in hostile newspapers; and inasmuch as the McCardle
+case had been tried during Johnson's Administration,
+it was hastily assumed that it had had some shady connection<span class="pagenum"><a id="Page_331">[331]</a></span>
+with Trumbull's vote of not guilty in the impeachment
+case. When it became evident that the opponents
+of Johnson were the ones who had employed him and
+fixed the amount to be paid, the accusers said that his
+action was contrary to law and that he ought not to have
+taken any pay at all for legal services to the Government
+while he was a Senator. This charge was made by Chandler,
+of Michigan, on the floor of the Senate, and it led to
+a sharp debate, in which Chandler was called to order by
+the Vice-President for using unparliamentary language.</p>
+
+<p>There was a law, enacted in 1808, prohibiting executive
+officers of the Government from making contracts
+with members of Congress, and prohibiting the latter
+from receiving payment therefor. This law did not apply
+in terms to legal services, and the presumption was that
+it did not apply to them in spirit, since there were precedents
+for such employment of members of Congress as
+late as 1864, when Roscoe Conkling, then a member of
+the House from New York, had been employed by the
+War Department and had been paid for the service rendered.</p>
+
+<p>Chandler, in the debate, quoted an opinion of Attorney-General
+Wirt, given in 1828, to the effect that although
+the circumstances attending the passage of the Act of
+1808 showed that Congress was then legislating on contracts
+for carrying the mails and for the purchase of supplies
+and not for legal services, yet, in his belief, the law
+was broad enough to include such services. An opinion
+of an Attorney-General, however, was not binding on
+Senators.</p>
+
+<p>Trumbull replied that the law had been settled differently
+as to legal services, and that the only prohibition
+then in force was against Congressmen practicing for compensation
+in the Court of Claims or before the executive<span class="pagenum"><a id="Page_332">[332]</a></span>
+departments. In this contention he could hardly fail to
+be correct, since all such laws later than 1861 had emanated
+from, or had passed through, the committee of which
+he was chairman. The governing statute was the act of
+June 11, 1864, introduced by Senator Wade, in 1863.
+As originally drawn, it prohibited Congressmen from
+practicing for or against the Government before any
+court, or department; but the word "court" was stricken
+out while it was pending in the Senate, and this was
+good evidence to show what the intention of Congress
+was.</p>
+
+<p>Although the payment was certainly legal, it would
+have been better for Trumbull if he had not taken it.
+Whenever he came before the people for public preferment
+thereafter, the Chandler accusation was brought
+against him afresh and it required a new refutation.</p>
+
+<hr class="tb" />
+
+<p>After the impeachment fiasco was ended, the nomination
+of Grant for President by the Republican party was
+inevitable&mdash;not because he was a Republican, but because
+he was the only man whom the party could certainly
+elect. Until he quarreled with Andrew Johnson,
+nobody knew which side he favored. Indeed, the Democrats,
+until that time, had looked hopefully to him as a
+possible candidate for themselves.</p>
+
+<p>The convention which nominated him was confronted
+by the fact that Congress had imposed negro suffrage on
+the South, while some of the largest Northern States had
+not yet adopted it, but had flatly refused to do so. The
+platform committee, therefore, reported, and the convention
+adopted, a resolution declaring:</p>
+
+<blockquote><p>The guaranty by Congress of equal suffrage to all loyal men
+at the South was demanded by every consideration of public
+safety, of gratitude, and of justice, and must be maintained,<span class="pagenum"><a id="Page_333">[333]</a></span>
+but the question of suffrage in all the loyal states properly
+belongs to the people of those states.</p></blockquote>
+
+<p>Grant was nominated unanimously May 20, 1868, and
+Schuyler Colfax was nominated as Vice-President. The
+Democrats nominated Horatio Seymour for President
+and Frank P. Blair for Vice-president. In the election,
+Grant and Colfax received 214 electoral votes and Seymour
+and Blair 80.</p>
+
+<p>Grant's first Cabinet was a conglomerate which stupefied
+the politicians. For Secretary of State he named
+Elihu B. Washburne, of Illinois. Washburne had represented
+the Galena District in Congress continuously and
+creditably for twelve years, and was just entering upon a
+new term. He was a fellow townsman of Grant when the
+war broke out and had recommended him to Governor
+Yates as a military helper, and from that time onward
+had been his stanch and unwavering supporter. When
+Grant fell into disfavor after the battle of Shiloh, and
+almost everybody in Washington was clamoring against
+him, Washburne fairly roared on the other side, and contended
+not only that he ought to be retained in his place,
+but that he ought to be promoted to Halleck's place in
+command of all the Western armies&mdash;and here he was
+right. His personal relations with the General had been
+so close and his services so conspicuous that there was
+a general expectation that he would have a place in
+the Cabinet; but nobody supposed that it would be the
+Department of State, for which he was wholly unfitted.
+Although a man of ability, tenacity, and long experience
+in public affairs, he was impulsive, headstrong, combative,
+and unbalanced. The Department of State was
+regarded then as the premier position, where equipoise
+was the chief requisite, and this quality Washburne
+lacked.</p><p><span class="pagenum"><a id="Page_334">[334]</a></span></p>
+
+<p>Grant had chosen James F. Wilson, of Iowa, as Secretary
+of State and Wilson had accepted the appointment.
+He had been a leading member of the House and chairman
+of its Judiciary Committee, and had been consulted
+by Grant on the most important matters connected with
+his duties as Secretary of War <i>ad interim</i>, including
+his correspondence with Andrew Johnson after he had
+resigned that office. Wilson had declined a re&euml;lection to
+Congress because he wished to retire from public life,
+and he accepted the appointment offered by Grant with
+reluctance and only at the urgent solicitation of the latter.</p>
+
+<p>Washburne had been promised the office of Minister
+to France. When he knew that Wilson was to be appointed
+Secretary of State, he went to Grant and asked
+that the appointment of Secretary might be conferred
+upon himself temporarily so as to give him prestige in his
+office as Minister. Grant saw no objection to this, but
+he asked Wilson's permission first. Wilson did not relish
+the proposition, but he consented, on condition that
+Washburne should not take any action as Secretary,
+either in the way of appointments to office or the announcement
+of policies. As soon as Washburne had been
+confirmed by the Senate, he began to make appointments
+and announce policies, and Grant did not immediately
+call him to order. Wilson accordingly notified Grant that
+as the conditions had been broken he would not now
+accept the office. Grant then compelled Washburne to
+resign. But meanwhile Wilson had gone to New York en
+route to his home in Iowa, and a messenger (A. D. Richardson)
+was sent after him by Grant to urge him to change
+his mind; he declined to do so, in terms, however, which
+preserved their friendship unimpaired.<a id="FNanchor_113_113"></a><a href="#Footnote_113_113" class="fnanchor">[113]</a></p>
+<p><span class="pagenum"><a id="Page_335">[335]</a></span></p>
+<p>"Who ever heard before of a man nominated Secretary
+of State merely as a compliment?" was Fessenden's
+comment on the Washburne episode.</p>
+
+<p>Wilson afterward served a term in the United States
+Senate. He was a good lawyer, a man of sound judgment,
+of probity and stability of character, and would have
+filled the office of Secretary of State creditably if not
+brilliantly. When Grant found that Wilson's purpose to
+withdraw could not be changed he offered the place to
+Hamilton Fish, who accepted it.</p>
+
+<p>Grant's mishaps in filling the Treasury Department
+were quite as droll as the foregoing. He first sent in the
+name of Alexander T. Stewart, the great dry-goods merchant
+of New York, as Secretary. Stewart was a Scotch-Irishman
+who had migrated as a young man, and had
+taken up the vocation of a school-teacher in his adopted
+country. Of his start in life he was very proud. He kept
+a well-thumbed copy of the New Testament in Greek on
+the centre table of his hospitable mansion, which he was
+fond of exhibiting to his guests as one of the tools of trade
+with which he began his career in America. Pedagogy,
+however, did not detain him long. He had brought some
+capital from the old country and he turned his attention
+to silks and muslins, and by diligence, skill, and integrity
+had reached the foremost place in the nation as a merchant,
+before the outbreak of the Civil War. His wholesale
+business was chiefly with the South, and this part of
+it was suddenly obliterated in 1861. Yet he recovered his
+leadership in dry goods before the war ended, and was
+then rated as third in the list of rich men in the United
+States, the names of Astor and Vanderbilt only being
+placed higher.</p>
+
+<p>Nobody knew, at the time when he was named for a
+place in the Cabinet, what political party he belonged to<span class="pagenum"><a id="Page_336">[336]</a></span>
+or favored. His most intimate friend and counselor was
+Henry Hilton, a Democratic ex-judge, potent in Tammany
+Hall. That fact, however, implied no political bias on the
+part of Stewart. Hilton was his watch-dog at the place
+where the local taxing and blackmailing power lay. Nor
+did Grant have any political aims or thought in selecting
+Stewart for the portfolio of the Treasury. He chose him
+because great wealth appealed strongly to the imagination
+of one who had had severe struggles with poverty,
+and because he reasoned that a man who had been very
+successful in his private business would necessarily know
+how to manage the public business. Both Sumner and
+Gideon Welles said that Stewart had made a gift of considerable
+amount to Grant.</p>
+
+<p>The nomination of Stewart was scoffed at by nearly
+everybody in Washington, but it was well received by the
+press and no Senator dared to vote against it. It was
+presently discovered, however, that he could not legally
+hold the office, as he was disqualified by a law of 1789,
+which provided that nobody engaged in trade or commerce,
+nor any owner of a seagoing vessel, nor any dealer
+in public lands or in public securities, should be eligible.
+Stewart had not been a candidate for the position, or for
+any position, but when it was offered to him, he thought
+he would like to have it, and to this end he proposed to
+retire temporarily from trade and commerce, and put his
+business in the hands of trustees for charitable use, in
+order to meet the requirements of law. The President
+also requested Congress to change the law so that he
+might be qualified. Congress, however, did not think it
+desirable to trim the law to fit a particular case, and
+Stewart did not raise his bid. After a week's delay
+the President sent in the name of George S. Boutwell,
+of Massachusetts, for Secretary of the Treasury, and<span class="pagenum"><a id="Page_337">[337]</a></span>
+he entered upon the duties of the office with general
+satisfaction.</p>
+
+<p>When the name of Adolph Borie was announced for
+Secretary of the Navy, everybody began to ask, Who is
+Borie? Even Admiral Farragut had never heard of him.
+The answer came that he was a rich man in Philadelphia
+who had entertained General Grant handsomely on some
+occasion when he was temporarily in that city. Sumner
+said in his speech of May 31, 1872, that he also had made
+a gift to Grant. He retained the position of Secretary
+only three months. He then resigned and recommended
+George M. Robeson, a lawyer of New Jersey, as his successor,
+and the latter was appointed. Robeson was as
+little known as Borie had been before he was appointed,
+but he was not the same kind of nonentity.</p>
+
+<p>John A. J. Cresswell, of Maryland, who became Postmaster-General,
+had been a member of Congress. If
+there was not much to be said for him, there was nothing
+at all to be said against him.</p>
+
+<p>John A. Rawlins, Grant's chief-of-staff during the war,
+a man of high character and ability, chose himself for
+Secretary of War, and communicated his preference to
+his chief through General James H. Wilson, who was on
+terms of intimacy with both parties. Grant received the
+communication favorably and sent the name of Rawlins
+to the Senate and here he made no mistake. But Rawlins
+lived less than a year after his appointment.</p>
+
+<p>The two remaining members of the Cabinet, General
+Jacob D. Cox, of Ohio, Secretary of the Interior, and E.
+R. Hoar, of Massachusetts, Attorney-General, were ideal
+selections. The former had been governor of his state
+and had served with distinguished valor and efficiency
+in the Civil War. The latter was a man of sparkling wit
+and conversational powers, which, however, did not outshine<span class="pagenum"><a id="Page_338">[338]</a></span>
+his solid qualities of mind and character. Both
+these men came early into collision with the "spoils system,"
+which afflicted the whole of Grant's administration
+with ever-increasing virulence. Both of them fought
+a losing battle with it, as did George William Curtis, who
+essayed, in a humbler capacity, to grapple with it. All
+three were retired, or retired voluntarily, before the end
+of Grant's first term.</p>
+
+<hr class="tb" />
+
+<p>The plank in the Republican platform forcing negro
+suffrage upon the South, but leaving it optional with the
+Northern States, was too brazen to be long maintained.
+Moreover, there was danger lest this right of the negroes
+should be taken from them after the Southern States
+should have recovered the right to amend their own constitutions.
+These things absorbed the attention of the
+Fortieth Congress during the last month of its existence.</p>
+
+<p>On January 30, 1869, the House passed an amendment
+to the Constitution by more than two-thirds majority in
+these words:</p>
+
+<blockquote><p>The right of any citizen of the United States to vote shall not
+be denied or abridged by the United States or any state by reason
+of race, color, or previous condition of slavery of any citizen
+or class of citizens of the United States.</p></blockquote>
+
+<p>In the Senate, Vickers, of Maryland, moved to amend
+by providing that the right to vote should not be denied
+because of participation in the rebellion. This was
+rejected by 21 to 32, but it received the votes of eleven
+Republicans, among whom were Grimes, Harlan, Trumbull,
+and Wilson. Wilson, of Massachusetts, moved to
+add the words "nativity, property, education, or creed"
+to the words "race or color," and this was adopted by 31<span class="pagenum"><a id="Page_339">[339]</a></span>
+to 27, Trumbull voting in the negative. The House
+rejected the amendment by 37 to 133 and sent it back to
+the Senate, which, by a vote of 33 to 24, receded from its
+amendment. The vote was then taken on concurring in
+the House Resolution as originally presented, and it failed
+by 31 to 27, not two thirds.</p>
+
+<p>The Senate then took up a resolution that had been
+previously reported by the Committee on the Judiciary
+which was similar in terms to the one originally passed by
+the House, except that it added the words "and hold
+office" after the word "vote." The resolution was
+passed by 35 to 11 and sent to the House. Logan, of Illinois,
+moved to strike out the words "and hold office."
+This was defeated. Bingham, of Ohio, moved to insert
+the words "nativity, property, or creed," after the word
+"color." This was adopted by 92 to 71, and the resolution
+passed by 140 to 37. The Senate disagreed to both
+of the House amendments. The measure then went to
+a Conference Committee consisting of Senators Stewart,
+Conkling, and Edmunds, and Representatives Boutwell,
+Bingham, and Logan, who reported in favor of Logan's
+amendment and against Bingham's, and in this shape the
+resolution passed both houses by the requisite majorities.
+If the word "nativity" had been retained the Southern
+States could not have disfranchised the negroes by means
+of the "Grandfather Clause," as some of them did.
+Morton, of Indiana, predicted that the South would find
+means of circumventing the clause if the prohibitions
+were limited to race, color, and servitude. When Morton
+came to Washington as Senator he was bitterly opposed to
+negro suffrage. He was now so hot for it that he shared
+the leadership of the radicals with Sumner.</p>
+
+<p>The Fifteenth Amendment as finally passed by Congress,
+February 26, 1869, was in these words:</p><p><span class="pagenum"><a id="Page_340">[340]</a></span></p>
+
+<blockquote><p>ARTICLE XV</p>
+
+<p><span class="smcap">Section</span> 1. The right of citizens of the United States to vote
+shall not be denied or abridged by the United States, or by any
+state, on account of race, color, or previous condition of servitude.</p>
+
+<p><span class="smcap">Section</span> 2. The Congress shall have power to enforce this
+article by appropriate legislation.</p></blockquote>
+
+<p>It was declared ratified by the legislatures of twenty-nine
+states on March 30, 1870. Ohio at first rejected,
+but later ratified it. New York at first ratified, but later
+reconsidered and rejected it.</p><p><span class="pagenum"><a id="Page_341">[341]</a></span></p>
+
+<div class="footnotes"><h3>FOOTNOTES:</h3>
+
+<div class="footnote"><p><a id="Footnote_113_113"></a><a href="#FNanchor_113_113"><span class="label">[113]</span></a> Mr. Wilson communicated these facts to me at the time of their occurrence,
+and the correctness of this narrative has been confirmed by Major-General
+Grenville M. Dodge, who was then in close communication with both parties.</p></div>
+</div>
+
+<hr class="chap" />
+
+<h2 id="CHAPTER_XXII">CHAPTER XXII</h2>
+
+<p class="h3">CAUSES OF DISCONTENT</p>
+
+<blockquote><p>It looks at this distance as though the Republican party was
+"going to the dogs"&mdash;which, I think, is as it should be. Like
+all parties that have an undisturbed power for a long time, it
+has become corrupt, and I believe that it is to-day the [most]
+corrupt and debauched political party that has ever existed....
+I have made up my mind that when I return home I will
+no longer vote the Republican ticket, whatever else I may do.</p></blockquote>
+
+<p>So wrote James W. Grimes to Trumbull under date of
+Heidelberg, July 1, 1870. Grimes had had a stroke of
+paralysis while the impeachment trial was going on, but
+had rallied sufficiently to be carried into the Senate to
+vote not guilty on every article on which a vote was
+taken, and to give his reasons for doing so. He shortly
+afterwards resigned his seat, announced his retirement
+from public life, and went to Europe with his family.
+He was a native of the Granite State, a man of granite
+mould, of unblemished character, undaunted courage,
+keen discernment, and untiring industry. In Newspaper
+Row he was styled "Grimes the Sturdy"&mdash;a title bestowed
+upon him by Adams Sherman Hill, then on the
+Washington staff of the New York <i>Tribune</i>, and later
+Professor of Rhetoric in Harvard University.</p>
+
+<p>Grimes's estimate of the Republican party in 1870 was
+widely shared. Reconstruction, measured by the results
+of five years, was a failure, being a confused medley of
+ignorant negro voters, disfranchised whites, disreputable
+carpet-baggers, and corrupt legislatures. The civil service
+was honeycombed with whiskey rings, custom-house
+frauds, assessments on office-holders, nepotism,<span class="pagenum"><a id="Page_342">[342]</a></span>
+and general uncleanness. President Grant had transferred
+his army headquarters to the White House. When
+he wanted to have anything done in which he felt a deep
+interest, he chose an aide-de-camp for the purpose instead
+of a civilian, and he never dreamed that anybody
+would be surprised or vexed when he sent Major Babcock
+to San Domingo to negotiate a treaty for the purchase of
+that country for the sum of $1,500,000, without the knowledge
+of the Secretary of State or any member of the Cabinet.
+He called at Sumner's house to secure his support
+for the ratification of the treaty, found him dining with
+John W. Forney and Ben Perley Poore, and had a hasty
+talk with him about a treaty concerning San Domingo,
+no details being mentioned. He addressed Sumner as
+chairman of the Judiciary Committee, to which he supposed
+it would be referred, and hoped Sumner would
+approve of the treaty. Sumner replied that he was an
+Administration man and that he would give very careful
+and candid consideration to anything which the President
+desired.</p>
+
+<p>This was the beginning of an Iliad of woes. Grant
+understood Sumner's answer as a promise to support the
+treaty, whereas Sumner meant no more than his words
+signified, that he would consider it on its merits, but in a
+friendly spirit. It was not his custom to promise to support
+treaties before seeing them. When he came to consider
+this one, he found that he could not support it. Not
+only was Sumner's judgment adverse, but that of the
+press and other organs of public opinion was decidedly
+so. The treaty was rejected by a tie vote (two thirds
+being required to ratify). Grant put all the blame of
+rejection on Sumner. He thought that the latter had
+broken a promise and intentionally deceived him. He
+marked Sumner for destruction, and determined to have<span class="pagenum"><a id="Page_343">[343]</a></span>
+the treaty ratified in spite of him, if possible. A commission
+of investigation had been authorized by Congress,
+after the rejection of the treaty, to visit San Domingo,
+and report upon the advisability of the purchase. This
+was by way of letting the President down easy rather
+than with any serious purpose of carrying out his wishes.
+The commission consisted of Benjamin F. Wade, Andrew
+D. White, and Samuel G. Howe. While it was at work
+steps were taken to reorganize the Senate Committee on
+Foreign Relations.</p>
+
+<p>Who prompted that movement was never divulged,
+but the attempt and its failure were narrated somewhat
+later by Senator Tipton, of Nebraska, in open Senate,
+without contradiction. Tipton said that at the beginning
+of the Third Session of the Forty-first Congress, a
+motion was made in the Republican Senate Caucus to
+depose Sumner from the chairmanship of the committee
+and to remove Schurz, of Missouri, and Patterson, of New
+Hampshire, from membership altogether.<a id="FNanchor_114_114"></a><a href="#Footnote_114_114" class="fnanchor">[114]</a> All three had
+voted against San Domingo. The motion had been negatived
+at that time, but the purpose had not been abandoned.</p>
+
+<p>The second vote on deposing Sumner took place in the
+Senate March 10, 1871, on a report made by Senator
+Howe, of Wisconsin, from the Republican Caucus, for
+the assignment of committees for the First Session of
+the Forty-second Congress. The Committee on Foreign
+Relations, as reported, had the name of Cameron as
+Chairman, and Sumner was not even a member of it.
+Then a debate began on the unusual step taken by the
+caucus committee in deposing Sumner, without his own
+consent, from a place which he had held acceptably during
+all the time that the Republicans had controlled the
+<span class="pagenum"><a id="Page_344">[344]</a></span>Senate. Wilson, Schurz, Logan, Tipton, and Trumbull
+spoke against the action of the Caucus Committee.
+Trumbull said:</p>
+
+<blockquote><p>I am not the special friend of the Senator from Massachusetts.
+He and I, during our long course of service here, have had
+occasion to differ, and differ, I am sorry to say, unpleasantly.
+But, sir, that will not prevent me from trying to do justice to
+the Senator from Massachusetts. I stood by him when he was
+stricken down in his seat by a hostile party, by the powers of
+slavery. I stand by him to-day when the blow comes, not from
+those who would perpetuate slavery and make a slave of every
+man that was for freedom, but comes from those who have been
+brought into power as much through the instrumentality of the
+Senator from Massachusetts as of any other individual in the
+country.</p>
+
+<p>But, sir, this question has been brought before us, and what
+shall we do? I tried to avoid it. I have appealed to my associates
+and I have said to them: "We are very much divided;"
+I say to them now: "We are very much divided." A few votes
+one way or the other constitute the majority in the Republican
+party; now is it desirable, is it best, to force such a change with
+such an opposition as has manifested itself here? What is to be
+gained by it? I will not undertake to warn the Republican
+party of the consequences.... I would that this debate had
+not occurred, that we could have paused at the outset when we
+saw this difference of opinion, and that there could have been
+some concession even to those in the minority which would
+have avoided this state of things.</p></blockquote>
+
+<p>Senator Sherman deprecated the action of the majority.
+He regarded the change "unjustifiable, impolitic, and
+unnecessary," yet he offered Sumner advice, like that of
+a doctor to a child respecting a dose of castor oil&mdash;to
+throw his head back and take it off quick, because it
+would do him good, thus:</p>
+
+<blockquote><p>Therefore, while I feel bound to utter my opinion that this is
+an unwise proceeding, made without sufficient cause, yet in my
+judgment it ought not to be debated here. It is settled; and if<span class="pagenum"><a id="Page_345">[345]</a></span>
+my honorable friend from Massachusetts, the senior senator
+in this body, wishes to add another good work in his services to
+his country, in his services to the Republican party, he cannot
+do better than rise in his place and say that, if for any reason,
+whether sufficient or insufficient, a majority of his political associates
+think it better for him to retire from this position, he
+yields gracefully to their wish; and I tell him that a new chaplet
+will crown his brow, and when his memoirs are written this
+will be regarded as one of the proudest opportunities of his life.<a id="FNanchor_115_115"></a><a href="#Footnote_115_115" class="fnanchor">[115]</a></p></blockquote>
+
+<p>Tipton let the cat out of the bag again by reading from
+some notes he had made of the proceedings of the caucus
+of the previous day. He said that Senator Howe in the
+caucus had defended the action of the committee in displacing
+Sumner, on the ground that the Committee on
+Foreign Relations was not in harmony with the Senate on
+the subject of San Domingo, and that in order to correct
+this disagreement a change was necessary; whereas Mr.
+Howe, and all the others who were for displacing Sumner,
+now contended that San Domingo had nothing to do
+with it. Tipton begged leave to say also that Howe was
+wrong in his contention that the Committee on Foreign
+Relations was not in harmony with the Senate, the vote
+on the treaty having been 28 to 28 (a tie vote operated
+as a negative). In other words, the Senate had sustained
+the committee, and there was no disagreement to be rectified.</p>
+
+<p>Thereupon Sherman called Tipton to order for divulging
+the secrets of the caucus, and Tipton replied that he
+had read all the proceedings of the caucus in the morning
+papers, including the names of the Senators in the call of
+the yeas and nays, 26 to 21, and that there was only one
+error in the whole report and that a trifling one. Sherman
+retorted that perhaps Tipton had furnished the
+report to the newspapers, but the latter denied it. Sher<span class="pagenum"><a id="Page_346">[346]</a></span>man
+then insisted that the newspaper report carried no
+weight unless confirmed by a Senator. He made the
+charge also that Tipton had been guilty of divulging the
+vote on the treaty, taken in executive session. To this
+charge Tipton could make no defense, but he contended
+that it had done no harm. The discussion was continued
+till a late hour, the report of the Caucus Committee being
+supported in debate chiefly by Edmunds and Morton.
+The latter affirmed that San Domingo did not enter into
+the question of displacing Sumner now&mdash;implying that
+it might have been the bone of contention earlier. Morton's
+statement was technically true. The original disagreement
+between Sumner and the President had been
+so overlaid with fresh material that it was now relatively
+unimportant. Moreover, the Senate had no intention of
+ratifying the annexation treaty even if the Benjamin
+Wade Commission should so recommend&mdash;as it did.
+Morton himself had no such intention.</p>
+
+<p>I happened to be in Washington at this juncture and
+was dining with the late Senator Allison (then a member
+of the House), on the evening before the report was presented.
+He informed me of the posture of affairs, said
+that Sumner was to be deposed, and that Senator Howe
+had been designated to report a resolution to that effect.
+He regarded the situation as fraught with peril to the
+Republican party. I suggested that he and I should call
+upon Senator Howe and endeavor to prevent or perhaps
+delay the proposed step. Allison assented. So we went
+to Howe's apartments, found him at home and alone,
+and we labored with him till past midnight, seeking in
+a friendly way to change his purpose, but without avail.
+He could not be moved. While we were returning, Allison
+said that Grant must have played his last trump to
+break the custom of the majority in the Senate, never to<span class="pagenum"><a id="Page_347">[347]</a></span>
+displace a member without his own consent. After the
+deed was done, I called upon Sumner and had a conversation
+with him on the subject. He said that the most puzzling
+thing to him was the part taken by Senator Anthony,
+of Rhode Island, in the affair. Anthony was chairman
+of the caucus. He appointed the Committee on Committees.
+Anthony was his friend, a very close friend. He
+ought to have known beforehand the purposes of the majority,
+especially since an attempt to displace him had
+been made at the previous session. Was Anthony himself
+deceived, or was he a party to the transaction? That
+was the puzzling question.</p>
+
+<p>When the vote was taken on Howe's report, it was
+adopted by a large majority. The dissentients withheld
+their votes, as they did not choose to bolt the decision
+of the caucus when bolting could accomplish nothing.
+The result was a fresh grievance added to the growing
+stock of discontent.</p>
+
+<p>The President's first blow at Sumner had been the
+removal of his friend Motley from the position of Minister
+to England. A request for Motley's resignation was
+sent on July 1, 1870, but he did not comply with it.
+In the mean time the position was offered to Trumbull in
+the following letter:<a id="FNanchor_116_116"></a><a href="#Footnote_116_116" class="fnanchor">[116]</a></p>
+
+<blockquote><p>
+
+<span class="smcap">Department of State, Washington</span>,<br />
+<br />
+<i>Confidential</i>.<br />
+<br />
+<span class="smcap">Garrisons</span>, August 5th, 1870.<br />
+<br />
+<span class="smcap">My dear Judge</span>,<br />
+</p>
+
+<p>The President desires me to ask if it will be agreeable to you
+to accept the Mission to London; if so, he is desirous of securing
+to the country the value of your important service and your
+experience and ability. I hope most sincerely that it will meet
+your views to accept this Mission, now more than before impor<span class="pagenum"><a id="Page_348">[348]</a></span>tant.
+The events now happening and threatening in Europe
+require the presence in London of a representative of ability, of
+firmness, of learning, and of calm self-possession&mdash;and your
+exceptional possession of these requisites has led to the very
+strong desire of the President and myself that you would undertake
+the duties of the position. I do not know that we are
+on the eve of the settlement of our questions with Great Britain,
+but there are reasons to justify the hope that <i>very important</i>
+questions may be adjusted within the term of whoever may
+succeed Mr. Motley. The complications of European politics
+are favorable and add to the evident desire of the British
+Ministry to dispose of all questions between the two countries.
+Can you come here and pass a day with me? I can tell more
+than I can write. I sincerely hope that you can give a favorable
+answer; for reasons which you will understand the President
+desires that this communication be considered <i>confidential</i>, at
+least for the present. Please let me have your answer as soon
+as you conveniently can.</p>
+
+<p>
+Very faithfully yours,<br />
+<br />
+<span class="smcap">Hon. Lyman Trumbull</span>, <span class="smcap">Hamilton Fish</span>.<br />
+<span class="smcap">U.S. Senator</span>,<br />
+<span class="smcap">Kingston, Ulster Co., N. Y.</span><br />
+</p>
+</blockquote>
+
+<p>No written answer to this letter has been found. A
+verbal one was given at the interview which Mr. Fish
+invited. Trumbull declined the appointment because he
+preferred to remain a Senator rather than to be a diplomat.
+Probably he became acquainted at this time with
+Secretary Fish's intention to move for a settlement of our
+differences with Great Britain: for in a speech made at
+Chicago on the 2d of November following, on "Coming
+Issues," he discussed the subject of our claims against
+that country at considerable length. In this speech he
+maintained that we could justly ask for payment of the
+losses sustained by the depredations of the Alabama and
+other British-built cruisers, and that we had a still deeper
+grievance, although one not computable in dollars and
+cents, growing out of the demand made upon us for the<span class="pagenum"><a id="Page_349">[349]</a></span>
+surrender of the rebel envoys, Mason and Slidell, who
+were captured on board the steamship Trent at the
+beginning of the Civil War. He showed by the established
+rules of international law, affirmed by British precedents
+and practice, that persons, papers, and materials
+in the enemy's service were alike contraband and subject
+to capture in neutral vessels on the high seas.<a id="FNanchor_117_117"></a><a href="#Footnote_117_117" class="fnanchor">[117]</a></p>
+
+<p>Another "coming issue" referred to in this speech was
+the endeavor to break up and abolish the iniquitous system
+by which the appointment of thirty-five thousand
+officers and clerks of the National Government was made
+part of the patronage of politicians; and to carry out the
+principles of civil service reform in which these appointments
+should be made after competitive examinations so
+as to secure officers of "the highest fitness, honesty, and
+capacity." In his argument in favor of this reform he
+instanced the experience of General J. D. Cox, Secretary
+of the Interior, who had found it necessary to resign his
+office because he could not purge his own department of
+spoilsmen and incompetents foisted upon him by Senators
+and Representatives. Cox's resignation had caused
+intense indignation when the reasons for it leaked out.
+President Grant had pledged himself to the reform of the
+civil service and had appointed a competent commission
+to carry on the work, and was really desirous that it
+<span class="pagenum"><a id="Page_350">[350]</a></span>should succeed, but he was not willing to fight for it. So
+when Congressmen fought against it he yielded and put
+the blame upon them. And the last state of it was worse
+than the first. "No point in Trumbull's speech," says the
+newspaper account of it, "was more significant than his
+endorsement of Secretary Cox's civil service reform, and
+the enthusiastic cheering with which the large audience
+unanimously greeted this endorsement."</p>
+
+<p>Attorney-General Hoar had retired from public life
+some months earlier and for much the same reason. He
+had made several selections to fill vacancies on the bench
+of the Circuit Court with an eye single to the character
+and legal attainments of the judges, and had thereby
+incurred the enmity of most of the Republican Senators,
+who wanted to dictate the appointments. It happened
+at this time that the President was trying to
+win support for the San Domingo Treaty, and he found,
+or supposed, that the votes of certain carpet-bag Senators
+could be obtained if he would give them a member of
+the Cabinet. In order to create a vacancy he nominated
+Attorney-General Hoar as a justice of the Supreme Court.
+The nomination was referred to the Judiciary Committee
+of the Senate, consisting of Trumbull, Edmunds, Conkling,
+Carpenter, Stewart, Rice (of Arkansas), and Thurman.
+Six of these voted against Hoar. The only affirmative
+vote was that of Trumbull.<a id="FNanchor_118_118"></a><a href="#Footnote_118_118" class="fnanchor">[118]</a></p>
+
+<p>After Hoar was rejected, the President asked for his resignation
+as Attorney-General without assigning any reason
+therefor, and when it was handed to him he appointed an
+obscure but respectable lawyer from Georgia of the name
+of Akerman as Attorney-General, to please the carpet-baggers;
+but this move did not secure a sufficient number
+of votes to ratify the treaty, nor was it ever ratified.</p>
+<p><span class="pagenum"><a id="Page_351">[351]</a></span></p>
+
+<div class="footnotes">
+<h3>FOOTNOTES:</h3>
+
+<div class="footnote"><p><a id="Footnote_114_114"></a><a href="#FNanchor_114_114"><span class="label">[114]</span></a> <i>Cong. Globe</i>, March 10, 1871, p. 48.</p></div>
+
+<div class="footnote"><p><a id="Footnote_115_115"></a><a href="#FNanchor_115_115"><span class="label">[115]</span></a> <i>Cong. Globe</i>, 1871, p. 51.</p></div>
+
+<div class="footnote"><p><a id="Footnote_116_116"></a><a href="#FNanchor_116_116"><span class="label">[116]</span></a> E. L. Pierce, in his <i>Life of Sumner</i>, says that the position was first offered to
+Frelinghuysen, of New Jersey, and that he was confirmed by the Senate on the
+last day of the session. Evidently he did not accept it.</p></div>
+
+<div class="footnote"><p><a id="Footnote_117_117"></a><a href="#FNanchor_117_117"><span class="label">[117]</span></a> Mr. Charles F. Adams has shown in a recent essay that the British Ministry
+were perfectly aware that the capture of Mason and Slidell was justifiable
+by British custom and precedent, but that public opinion was so inflamed on
+the subject that they were swept off their feet, and could not have faced Parliament
+an hour if they had not demanded the surrender of the prisoners. On the
+other hand, our practice and precedents were directly opposite. The American
+doctrine was "free ships make free goods" and <i>a fortiori</i> free persons, but so
+inflamed was public opinion on this side of the water that the British demand
+for the surrender of the prisoners would have been refused even at the risk
+of war, if we had not had one war on hand already. Both nations "flopped"
+simultaneously. <i>The Trent Affair&mdash;an Historical Retrospect.</i> By Charles
+Francis Adams. Boston, 1912.</p></div>
+
+<div class="footnote"><p><a id="Footnote_118_118"></a><a href="#FNanchor_118_118"><span class="label">[118]</span></a> Washington letter in the <i>Nation</i>, January 6, 1870.</p></div>
+</div>
+
+<hr class="chap" />
+
+<h2 id="CHAPTER_XXIII">CHAPTER XXIII</h2>
+
+<p class="h3">THE LIBERAL REPUBLICANS</p>
+
+<p>The Liberal Republican movement of 1872 took its
+start in Missouri. During the war between the states,
+Missouri had been a prey to a real civil war, in which
+much blood had been spilled, and where churches, communities,
+and particular families had been torn asunder.
+In the agricultural districts and small towns, which were
+nine tenths of the whole, nobody, whether Secessionist, or
+Unionist, or neutral, could feel certain, when he went to
+bed, whether he should sleep till morning, or be awakened
+after midnight by a guerilla raid or a burning roof. The
+contending forces were not unequally divided. The Confederates
+were the stronger half in wealth and influence,
+although not in numbers, but the proximity of the Federal
+armies and their actual occupation of the soil gave
+a preponderance to the Unionists and strangled secession
+in its infancy. When the war came to an end, all the
+heart-burning that it had engendered was still raging. Not
+only were the Republicans in power, but the most radical
+of them had control within the party. Lincoln was not
+sufficiently advanced for them. They had refused to
+vote for his renomination in the Convention of 1864.</p>
+
+<p>In the state constitution, adopted in 1865, disfranchisement
+and test oaths abounded. In the succeeding four
+years there had been a gradual slackening of recrimination
+and intestine strife; and a line of cleavage broke in
+the Republican ranks in 1869 which resulted in the election
+of General Carl Schurz as United States Senator, on
+the issue of re&euml;nfranchisement of the ex-rebels. The leader<span class="pagenum"><a id="Page_352">[352]</a></span>
+of the "party of eternal hate," as it was styled by its opponents,
+was Charles D. Drake, his colleague in the Senate.
+The seat taken by Schurz was that formerly held by John
+B. Henderson, who had lost it by his vote against impeachment.</p>
+
+<p>Schurz was a torch-bearer wherever he went, and his
+entry into the Senate gave a new impetus to the party of
+peace and amnesty not only in his own state, but throughout
+the country. In the autumn of 1870 a battle royal
+was fought in Missouri, beginning in the Republican
+state convention, which was split on the issue of re&euml;nfranchisement.
+The Liberals, under the lead of Schurz,
+nominated a full state ticket with B. Gratz Brown for
+governor. The radicals nominated Joseph McClurg for
+governor and a full ticket. The Democrats made no
+nominations, but supported the Liberal nominees. The
+election resulted in a sweeping victory for the Liberals.
+The platform on which Brown was chosen declared that
+the time had come "for removing all disqualifications
+from the disfranchised people of Missouri and conferring
+equal political rights and privileges on all classes." The
+other platform favored re&euml;nfranchisement "as soon as it
+could be done with safety to the state."</p>
+
+<p>Both sections adopted a resolution saying: "We are
+opposed to any system of taxation which will tend to the
+creation of monopolies and benefit one industry at the
+expense of another." This was interpreted by the <i>Missouri
+Democrat</i>, the leading Republican newspaper of the
+state, as an anti-tariff deliverance. Its editor, Colonel
+William M. Grosvenor, was a party organizer of keen
+intelligence and tireless activity, as effective in his own
+field as Schurz was in his. He was a free-trader, and he
+gave the first impulse which brought the revenue reformers
+of that period as a distinctive element into the<span class="pagenum"><a id="Page_353">[353]</a></span>
+Liberal movement. The only organization then existing
+which offered any resistance to the demands of the protected
+classes was the New York Free-Trade League, of
+which Mahlon Sands was secretary. On the 10th of November,
+Sands sent out an invitation to persons whom
+he took to be like-minded with himself, including Carl
+Schurz, David A. Wells, Jacob D. Cox, William Cullen
+Bryant, E. L. Godkin, Charles F. Adams, Jr., General
+Brinkerhoff, Edward Atkinson, and others to a conference
+to be held in New York on the 22d of that month.
+The declared object of this meeting was "to determine
+whether an effort may not, with advantage, be made to
+control the new House of Representatives by a union of
+Western Revenue Reform Republicans with Democrats."
+The meeting took place at the date mentioned and
+received the following notice in the <i>Nation</i> of December 1:</p>
+
+<blockquote><p>There has been a good deal of activity among the Revenue
+reformers during the week. On the 23d ult. they held a private
+meeting in this city, which was attended by Mr. D. A. Wells,
+Mr. George Walker, Mr. Horace White, of the Chicago <i>Tribune</i>,
+Mr. Bryant, Mr. Bowles, of the Springfield <i>Republican</i>,
+and others, and at which, after a good deal of talk, the conclusion
+was reached that things were looking very well; that the
+legislative debates of the coming winter would, under the influence
+of the late elections, probably do a great deal to educate
+the public and prepare the monopolists and jobbers for what is
+certainly coming; and that the question of civil service reform
+was closely connected with that of the reform of the revenue,
+and ought to be discussed and pushed with it; and it was
+resolved finally to charge a committee with the work of looking
+after the interest of both in a general way during the winter,
+with power to make arrangements for the calling of a national
+convention in the spring, in case the course of Congress proved
+unsatisfactory. The usual distribution of "British gold" did
+not take place, it must be confessed to the regret of all present.
+Indeed, the desire for it, and as much of it as possible, was
+avowed with the greatest effrontery. The open display of such<span class="pagenum"><a id="Page_354">[354]</a></span>
+feelings at a reform meeting was a curious sign of the times.
+Why the British should have cut off the supply was not
+explained, but we presume they were unable to withstand the
+repeated exposures in the <i>Tribune</i>, which have doubtless made
+Minister Thornton wince a little.</p></blockquote>
+
+<p>The Speaker of the House, James G. Blaine, got wind
+of the Sands circular and sought an interview with myself,
+coming to Chicago for that purpose. He said that he
+recognized the drift of public sentiment on the tariff
+question, that he desired to avert anything like a split in
+the Republican ranks, and that he intended to give the
+tariff reformers a majority of the Committee on Ways and
+Means in the new Congress. He submitted that they
+could not gain more than that by a fight, and that it was
+the part of wisdom to be satisfied with that. He said that
+he would allow us to name two Republican members
+who, in conjunction with the Democrats, would constitute
+a majority. I reported this fact to the members of
+the New York Conference and it was agreed that no other
+steps should be taken in reference to the organization of
+the House. G. A. Finkelnburg, of Missouri, and H. C.
+Burchard, of Illinois, were selected as our preference for
+membership of the committee. The names were communicated
+to Blaine and they were appointed by him.
+He even went beyond his promise by prompting his
+friends on the floor to favor tariff reform. Eugene Hale,
+of Maine, was especially zealous in this behalf. He introduced
+a bill to make salt free of duty, and accepted an
+amendment putting coal in the same category and advocated
+it with earnestness and ability and carried it
+through the House, but it was strangled in the Senate.
+Dawes, of Massachusetts, a protectionist, was made
+chairman, but the majority of the committee was against
+him. Protection, at that time, meant the highest rate of<span class="pagenum"><a id="Page_355">[355]</a></span>
+duty on imports that anybody desired, and free trade
+meant any opposition to protection as thus interpreted.
+These definitions are not wholly obsolete at the present
+day.</p>
+
+<p>In the eyes of President Grant the Liberal movement
+in Missouri was something in the nature of a new rebellion,
+and most of the Republican politicians shared his
+views. The necessity of keeping the party in power by
+fair means or foul had become a kind of religious tenet.
+The spectre of a solid South and a divided North had
+been terrifying from the start. What would happen if
+the example of Missouri should overspread all of the
+reconstructed states? Seymour had carried New York
+and New Jersey in the last election. The solid South
+added to these would have made him President of the
+United States. No wonder that such Senators as Morton,
+Chandler, Conkling, and the Southern carpet-baggers,
+at the opening of Congress in December, 1870, gave
+a chilling reception to all who had taken part in the Liberal
+campaign of Missouri, or who sympathized with it.
+Anything in the nature of investigation of frauds, or of
+reform in the civil service, was frowned upon by them.
+All who favored such steps were accused of seeking to split
+the party and build a new one upon its ruins. This was a
+false accusation. The Administration could have averted
+the coming revolt by removing its causes. The <i>Nation</i> of
+December 8, 1870, said with truth:</p>
+
+<blockquote><p>What has been taken for a desire or design to found a new
+party has been simply a design to make the old party attend to
+the proper business of the party in power, by legislating for the
+necessities of the time. There is a strong disposition on the
+part of the old hacks not to do this, but to go on infusing
+"economy and efficiency in the collection of the revenue," and
+nothing would please them better than that those who are not
+satisfied with this should take themselves off and try to estab<span class="pagenum"><a id="Page_356">[356]</a></span>lish
+a little concern of their own, and give no further trouble.
+We believe the intention of the malcontents, however, is, and
+always has been, to stay where they are and give all the trouble
+they can. Whenever the time comes to establish a new party,
+it will make its appearance, whether anybody charges himself
+with the special work of getting it up or not.</p></blockquote>
+
+<p>Among the sources of discontent disfranchisement was
+the most pressing, since it was believed to be the chief cause
+of the shocking conditions in the South. Other things
+could wait. This was the "house-on-fire"; it must be put
+out at once. The Liberals said that universal amnesty
+with impartial suffrage was the true cure. The ruling
+powers at Washington maintained that the Southern
+whites were still rebellious and that a new law, backed
+by adequate military power, was needed to deal with the
+Ku-Klux Klans, which were terrorizing the blacks in
+order to prevent them from voting. The President sent a
+special message of twenty lines to Congress on March 23,
+calling attention to this condition of affairs and recommending
+some action, he did not say what. The brevity
+and indecision of it betokened reluctance on his part to
+send any message at all. Congress, however, took the
+subject in earnest and passed the Ku-Klux Bill of 1871,
+which authorized suspension of the writ of <i>habeas corpus</i>
+and the employment of military force in dealing with the
+Ku-Klux outrages. Trumbull and Schurz opposed the
+bill by speech and by vote, the former on the ground of
+unconstitutionality, the latter chiefly on the ground of
+impolicy, although he also considered it unconstitutional.
+Trumbull contended that the Constitution never contemplated
+that the ordinary administration of criminal
+law in the states should be in the hands of the Federal
+Government and that the Fourteenth Amendment did
+not change the lodgment of that power from the state to<span class="pagenum"><a id="Page_357">[357]</a></span>
+the federal authorities. He did not make a set speech on
+the bill, but in an impromptu debate he said:</p>
+
+<blockquote><p>Show me that it is necessary to exercise any power belonging
+to the Government of the United States in order to maintain
+its authority and I am ready to put it forth. But, sir, I am not
+willing to undertake to enter the states for the purpose of punishing
+individual offences against their authority committed
+by one citizen against another. We, in my judgment, have no
+constitutional authority to do that. When this Government
+was formed, the general rights of person and property were
+left to be protected by the states and there they are left to-day.
+Whenever the rights that are conferred by the Constitution
+of the United States on the Federal Government are infringed
+upon by the states, we should afford a remedy.... If the Federal
+Government takes to itself the entire protection of the individual
+in his rights of person and property what is the need of
+the State Governments? It would be a change in our form of
+Government and an unwise one, in my judgment, because I
+believe that the rights of the people, the liberties of the people,
+the rights of the individual, are safest among the people themselves,
+and not in a central government extending over a vast
+region of country. I think that the nearer you can bring the
+administration of justice between man and man to the people
+themselves, the safer the people will be in their rights of person
+and property.<a id="FNanchor_119_119"></a><a href="#Footnote_119_119" class="fnanchor">[119]</a></p></blockquote>
+
+<p>He objected also to the clause of the bill authorizing
+the President to suspend the writ of <i>habeas corpus</i>, as in
+conflict with the clause of the Constitution which limits
+suspension to cases of invasion or rebellion where the
+public safety requires it. There was no present invasion
+to justify it and no rebellion in the proper definition of
+that term. He quoted authorities showing that rebellion
+meant an armed uprising against the Government, such
+as existed in 1861 and continued till the end of the war.
+No such condition existed now.</p>
+<p><span class="pagenum"><a id="Page_358">[358]</a></span></p>
+<p>Schurz's speech, delivered on the 14th of April, was a
+masterpiece of political philosophy, not inferior to anything
+in the orations of Edmund Burke. It was a plea
+for the abrogation of all political disabilities. It occupies
+three pages of the <i>Congressional Globe</i>. Among other
+things he said:</p>
+
+<blockquote><p>On the whole, sir, let us not indulge in the delusion that we
+can eradicate all the disorders that exist in the South by means
+of laws and by the application of penal statutes. Laws are apt to
+be especially inefficacious when their constitutionality is, with
+a show of reason, doubted, and when they have the smell of
+partisanship about them; and however pure your intentions
+may be (and I know they are), in that light a law like this,
+unless greatly modified, will appear suspicious. If we want to
+produce enduring effects there, our remedies must go to the
+root of the evil; and in order to do that, they must operate upon
+public sentiment in the South. I admit that in that respect the
+principal thing cannot be done by us: it must be done by the
+Southern people themselves. But at any rate, we can in a great
+measure facilitate it.<a id="FNanchor_120_120"></a><a href="#Footnote_120_120" class="fnanchor">[120]</a></p></blockquote>
+
+<p>Edmunds and Carpenter, of the Judiciary Committee,
+held that the Fourteenth Amendment of the Constitution
+gave power to the federal authorities to enforce the
+ordinary criminal law as between persons in the states.
+Some years later a case, arising under this Ku-Klux Law
+in Tennessee, reached the Supreme Court, where it was
+pronounced unconstitutional and void. The court held
+that the three latest amendments of the Constitution prohibited
+the states from discriminating against citizens on
+account of race or color, but did not change the administration
+of the criminal law in the states. That jurisdiction
+remained with the states exclusively. Here Trumbull's
+position was sustained almost in his own words.<a id="FNanchor_121_121"></a><a href="#Footnote_121_121" class="fnanchor">[121]</a></p>
+<p><span class="pagenum"><a id="Page_359">[359]</a></span></p>
+<p>While the Ku-Klux Act was doing its work in South
+Carolina under suspension of the <i>habeas corpus</i>, the Senate
+on December 20, 1871, took up a bill which had passed
+the House by more than two-thirds majority to remove
+the legal and political disabilities imposed by the Fourteenth
+Amendment, except in a few cases. Sumner moved
+as an amendment a bill which he had previously offered
+as a separate measure, that all citizens, without distinction
+of race or color, should have equal rights in steamboats,
+railway cars, hotels, theatres, churches, jury service,
+common schools, colleges, and cemeteries, whether
+under federal or State authority. Trumbull, and the two
+Senators from South Carolina, besought him not to
+encumber the Amnesty Bill, which required a two-thirds
+vote, with the Equal Rights Bill which required only a
+majority, since they believed that both could be passed
+separately, but that if his bill were tacked upon the
+Amnesty Bill, both would fail. Sumner insisted upon his
+amendment, and a vote was taken on it, February 9,
+resulting in a tie (Trumbull and Schurz voting in the
+negative), whereupon the Vice-President (Colfax) voted
+in the affirmative. The Sumner amendment having been
+adopted, all the Democrats turned against the bill and it
+was lost by 33 to 19, not two thirds.</p>
+
+<p>A second attempt, beginning in the House, had the
+same result. When the bill was taken up in the Senate
+Sumner again moved his Equal Rights Bill as an amendment,
+and it was again adopted by the casting vote of the
+Vice-President, and then the whole was lost by 32 to 22.</p>
+
+<p>In the mean time the Liberal Republican Convention
+had met at Cincinnati and adopted a platform very
+emphatic on the subject of amnesty. A sudden change
+came over the spirit of the regulars. The Amnesty Bill
+was reintroduced in the House by General Butler, May<span class="pagenum"><a id="Page_360">[360]</a></span>
+13, and passed the same day without debate. It was
+taken up in the Senate, May 21. Sumner's Equal Rights
+Bill, when offered in a modified form as an amendment,
+was rejected by 11 to 81, and the bill was passed the same
+day by 38 to 2, the negatives being Sumner and Nye.</p><p><span class="pagenum"><a id="Page_361">[361]</a></span></p>
+
+<div class="footnotes">
+<h3>FOOTNOTES:</h3>
+
+<div class="footnote"><p><a id="Footnote_119_119"></a><a href="#FNanchor_119_119"><span class="label">[119]</span></a> <i>Cong. Globe</i>, 1871, pp. 578-79.</p></div>
+
+<div class="footnote"><p><a id="Footnote_120_120"></a><a href="#FNanchor_120_120"><span class="label">[120]</span></a> <i>Cong. Globe</i>, 1871, p. 688.</p></div>
+
+<div class="footnote"><p><a id="Footnote_121_121"></a><a href="#FNanchor_121_121"><span class="label">[121]</span></a> United States <i>v.</i> Harris, 106 U.S. 629.</p></div>
+</div>
+
+<hr class="chap" />
+
+<h2 id="CHAPTER_XXIV">CHAPTER XXIV</h2>
+
+<p class="h3">GRANT'S ADMINISTRATION</p>
+
+<p>The demerits of the first Grant Administration were
+the principal cause of the Liberal uprising of 1872. They
+were enumerated in detail by Charles Sumner in open
+Senate, on May 31 of that year. They need not be reiterated
+here. I have no inclination to rake over the ashes
+of a dead controversy or to detract from the fame of one
+who rendered inestimable service to the nation in its greatest
+crisis, without which all other service might have been
+unavailing. At the same time, the thread of this narrative
+requires some notice of the stings planted in the minds
+of sensitive persons, who were not seeking office, by the
+man who was then the nation's head.</p>
+
+<p>Grant's shortcomings in civil station were such as
+might have been expected from one who was suddenly
+charged with vast responsibilities without his own solicitation
+or desire and without any previous experience or
+training for them. His most striking characteristic was
+tenacity. Whether on the right track or on the wrong, he
+was deaf and blind to obstacles and opposition, because
+there was resistance to be overcome. This quality was
+reflected in his determination "never to desert a friend
+under fire"&mdash;a maxim more generous than wise, fitter
+for the field than for the forum, and which in his last
+days brought misfortunes to his own door which were
+lamented by everybody.</p>
+
+<p>The Republican politicians nominated him for President,
+not because they deemed him qualified for the position,
+but because of his military renown. He was elected<span class="pagenum"><a id="Page_362">[362]</a></span>
+at a time when military habits and modes of thought were
+the worst possible equipment for the solution of political
+problems. Nevertheless, he rendered great service on two
+occasions&mdash;in the settlement of the Alabama Claims
+and by vetoing the Currency Inflation Bill. In both these
+cases he was much indebted to Hamilton Fish, his Secretary
+of State, but the credit is justly his own and the fame
+thereof will outlast all the scandals that arose from his
+confidence in, and association with, such characters as
+Orville Babcock, John McDonald, Ben Butler, W. W.
+Belknap, and Tom Murphy.</p>
+
+<p>The rottenness of the New York Custom-House was a
+crying evil before Grant became President, and its flavor
+was not improved by the appointment of Murphy as its
+chief officer. It was crammed with men who "had to be
+taken care of," whose work was not needed by the Government,
+and who were incompetent even if it had been
+needed&mdash;small politicians, district leaders and "heelers,"
+who were useful in carrying primaries and getting delegates
+elected to conventions. A Joint Committee on
+Retrenchment, organized as early as 1866 and kept alive
+by every subsequent Congress, had been investigating
+frauds and abuses in various quarters. Its chairman,
+Senator Patterson, of New Hampshire, made a report
+early in 1871 containing many interesting disclosures.</p>
+
+<p>On December 11, Senator Conkling offered a resolution
+directing the Committee on Military Affairs to
+inquire into the defalcation of an army paymaster named
+Hodge. Trumbull moved as an amendment that the
+Joint Committee on Retrenchment be reconstituted and
+instructed to make a general investigation of the waste
+and loss of money in the public service. A debate sprang
+up on the proposed amendment, which continued for a
+week and aroused keen interest throughout the country.<span class="pagenum"><a id="Page_363">[363]</a></span>
+Wilson, the chairman of the Military Committee, sustained
+the amendment, saying that the Hodge case did
+not appertain to military matters, but to finance, to the
+handling of public money. Sumner took the same view.
+Chandler objected to a joint committee with power to
+investigate all the executive departments. He preferred
+to have each department investigated by a separate committee,
+if it needed investigation. In the course of the
+debate extracts were read from the Patterson Report,
+together with the testimony of witnesses. Weighers in the
+custom-house testified that men were sent to them by the
+collector as assistants for whom there was no work to do.
+They were simply put on the pay-roll and did nothing but
+draw their salaries. In the weighers' department alone
+$50,000 per year was thus squandered. Collector Murphy
+was quoted as saying, in answer to a remonstrance
+about unnecessary help in the custom-house, "There were
+certain people who had to be taken care of: it was well
+known that they had to be taken care of, and nobody
+in the party would say anything about his taking care of
+them, and he would do it."<a id="FNanchor_122_122"></a><a href="#Footnote_122_122" class="fnanchor">[122]</a></p>
+
+<p>Trumbull said that he did not denounce officers of the
+Government indiscriminately. He merely wished to have
+some system introduced by which appointments should
+be made with regard to the fitness of the appointees and
+the need of their services. As the debate enlarged, a line
+of cleavage was disclosed among Senators similar to that
+which occurred on the deposition of Sumner; Morton,
+Conkling, Chandler, Edmunds, and Sherman opposing,
+and Schurz, Sumner, Logan, Tipton, and Wilson supporting,
+the Trumbull amendment. Finally the Republican
+Senatorial Caucus took the matter in hand and
+adopted a substitute to the Trumbull Resolution, which
+<span class="pagenum"><a id="Page_364">[364]</a></span>was offered in the Senate by Anthony and adopted by 29
+to 18. It provided for a select committee to investigate
+only such subjects as the Senate should designate.</p>
+
+<p>One of the things stumbled on by the Patterson Committee
+was the "general order" system in the New York
+Custom-House, which led up to the Leet and Stocking
+scandal, one of the most exasperating incidents of the
+Grant r&eacute;gime. Leet had been a member of General
+Grant's staff. The Patterson Committee found that he
+was enjoying the rank and pay of a colonel in the army,
+and also of a clerk in the War Department, and was receiving
+an additional income, estimated at $50,000 per year,
+for the warehousing of imported goods in New York,
+without the expenditure of any labor or capital of his own
+and without even his personal presence in New York, he
+being a resident of Washington City. All goods arriving
+by the Cunard and Bremen lines were sent by the collector's
+order to the Leet and Stocking warehouse, and were
+required to pay one month's storage whether they
+remained there a month or only a day, the cost being not
+less than $1.50 per package. This "general order" system
+had been devised before the Republican party came
+into power. It was flourishing in 1862.<a id="FNanchor_123_123"></a><a href="#Footnote_123_123" class="fnanchor">[123]</a> Collector Grinnell,
+Grant's first appointee to that position, found it in
+force when he came into office. Before it was devised
+the arriving goods had been stored temporarily in warehouses
+belonging to the steamship companies, adjacent
+to the docks, without cost to the owners.</p>
+
+<p>When the Patterson Committee made this discovery
+they reported the facts personally to the Secretary of the
+Treasury (Boutwell), who appointed a board of three
+officers of the department to make an independent investigation.
+This board made a report sustaining the find<span class="pagenum"><a id="Page_365">[365]</a></span>ings
+of the Patterson Committee. Boutwell thereupon
+wrote to Collector Murphy, who had succeeded Grinnell
+as collector, advising him to discontinue the "general
+order" system altogether and go back to the old system,
+no good reasons for the former change, but many objections
+to it, having been found. Months passed after
+Boutwell's letter was sent, but the "general order" system
+was still flourishing and the coffers of Leet and Stocking
+were still receiving an income, at least double that of
+the President of the United States, as a reward for putting
+an obstruction in the pathway of lawful commerce. A. T.
+Stewart, Grant's first choice for Secretary of the Treasury,
+testified that the "general order" system was a damage
+to honest traffic and a general nuisance. William E.
+Dodge testified that he had been compelled by it to curtail
+his imports at New York and to use other ports of
+entry to avoid the delays and exactions of the "general
+order" system.</p>
+
+<p>The indifference of the only man higher up than Secretary
+Boutwell&mdash;the only man who had power to remove
+Collector Murphy or to choke off Leet&mdash;was incomprehensible.
+Schurz made comments on the case which the
+Administration Senators could not answer and dared not
+leave unanswered. On the 18th of December, Conkling
+introduced a resolution directing the Committee on Investigation
+and Retrenchment to make an inquiry into the
+Leet and Stocking scandal. This resolution was preceded
+by a preamble quoting the words of Schurz as a reason
+for making the inquiry, in the following form:</p>
+
+<blockquote><p>Whereas it has been declared in the Senate that at the port
+of New York there exists and is maintained by officers of the
+United States under the name of the "General Order business"
+a monstrous abuse fraudulent in character, and whereas the
+following statement has been made by a Senator: "It was inti<span class="pagenum"><a id="Page_366">[366]</a></span>mated
+by some of the witnesses that Mr. Leet, who pockets the
+enormous profits arising from that business, had some connection
+with the White House; but General Porter was examined,
+Mr. Leet himself was examined, and they both testified that it
+was not so, and, counting the number of witnesses, we have no
+right to form a different conclusion. But the fact remains that
+this scandalous system of robbery is sustained&mdash;is sustained
+against the voice of the merchants of New York&mdash;is sustained
+against the judgment and the voice of the Secretary of the Treasury
+himself. I ask you how is it sustained? Where and what is
+the mysterious power that sustains it? The conclusion is inevitable
+that it is stronger than decent respect for public opinion, nay,
+a power stronger than the Secretary of the Treasury himself":</p>
+
+<p>Therefore resolved, that the Committee of Investigation and
+Retrenchment be instructed to inquire into the matter fully
+and at large, and particularly whether any collusion or improper
+connection with said business exists on the part of any
+officer of the United States, and that said committee further
+inquire whether any person holding office in the custom-house
+at New York has been detected or is known or believed by
+his superior officer to have been guilty of bribery or of taking
+bribes or of other crime or misdemeanor, and said committee
+is hereby empowered to send for persons and papers.</p></blockquote>
+
+<p>The Committee of Investigation and Retrenchment
+had not been appointed when Conkling offered this resolution.
+It had been agreed upon in the Republican Caucus,
+but had not been reported to the Senate. Senator
+Anthony immediately reported the names: Buckingham
+(Connecticut), Pratt (Indiana), Howe (Wisconsin),
+Harlan (Iowa), Stewart (Nevada), Pool (North Carolina),
+Bayard (Delaware). Sumner expressed mild surprise
+that no Senator who had favored an investigation of the
+New York Custom-House, or of frauds in general, was
+a member of the committee, unless Bayard (Democrat)
+might be counted as such. He quoted from Jefferson's
+"Manual of Parliamentary Law" to show that the
+proper course was to give the leading place in such a committee<span class="pagenum"><a id="Page_367">[367]</a></span>
+to the prime mover of it, who was, in this case,
+undoubtedly Trumbull, but that nobody who had shown
+any interest in the matter to be investigated, not even
+the Senator from New Hampshire (Patterson), whose
+investigation of the previous session had uncovered the
+alleged frauds, and whose familiarity with the case would
+be most useful now, had any place on it. Anthony contended
+that inasmuch as all the Senators had voted to
+raise the Committee, the vote having been unanimous, all
+the requirements of parliamentary law were satisfied by
+the appointment of the seven Senators named, or any
+other seven. Thurman, of Ohio, thought that Anthony
+was "sticking in the bark" and not reaching the sound
+wood of the tree. Considerable time was spent in the
+debate on the composition of the committee, but in the
+end the list reported by Anthony was adopted, as was
+Conkling's resolution, with its bulky preamble. The
+preamble was doubtless intended to convince Grant that
+Schurz (not Conkling) made the investigation necessary.
+The committee went to work early in 1872 and eventually
+furnished a solution of the Leet and Stocking mystery.</p>
+
+<p>Leet learned in 1868, soon after Grant's election, that
+he intended to appoint Moses H. Grinnell collector of the
+port of New York. He procured from Grant a letter of
+introduction to Grinnell, but Grant cautioned him, when
+he gave it, not to use it for the purpose of getting an office.
+When Leet handed the letter to Grinnell he remarked to
+him that he (Grinnell) was to be appointed collector of
+the port. Grinnell had not received any intimation of the
+fact before, and he inferred that Leet had been designated
+by the President to inform him of it. He asked Leet what
+he could do for him, and Leet replied that he wanted the
+"general order" business of the custom-house. Grinnell
+thought that this also was a message from the President,<span class="pagenum"><a id="Page_368">[368]</a></span>
+and he arranged as soon as possible to give Leet a portion
+of it. Leet farmed out this portion to a man named Bixby
+for $5000 per year, plus one half of all the profits in excess
+of $10,000. Then he went back to Washington and
+resumed his place as a clerk in the War Department; but
+he complained bitterly to Grinnell that his share in the
+"general order" business was not large enough, and he
+told Grinnell that he would be removed from office if he
+did not give him the whole of it. After much threatening,
+Grinnell did give him the whole of it, but he was removed,
+nevertheless, after holding the office about one year, and
+Murphy was appointed collector in his place. Murphy
+kept the "general order" business in the hands of Leet
+and Stocking until March, 1872, when the committee
+made its report. On the 14th of March, the newspapers
+announced that Murphy had been removed as collector
+and General Arthur appointed in his place, that the "general
+order" business had been radically reformed, and
+that Leet and Stocking had disappeared from history. In
+making this announcement the <i>Nation</i> called the attention
+of the editor of <i>Harper's Weekly</i> (George William
+Curtis), who was still a little deaf to the shortcomings of
+the Administration, to some things hard to understand.</p>
+
+<blockquote><p>When the President [it said] became aware that Leet had
+abused his confidence, disregarded his wishes, made false representations
+as to his influence over him, and concealed his doings
+from him,&mdash;facts which were revealed by the repeated complaints
+of prominent merchants and by Leet's appearance in
+public as owner of the "plum," and finally by a congressional
+investigation,&mdash;he took no notice of them whatever. So far
+as we know he gave no sign of displeasure, paid no attention to
+the complaints against him, and let him go on for nearly two
+years preying on the commerce of the port, till a second congressional
+investigation, obtained with great difficulty, and
+the savage assaults of the press on the eve of an election, made<span class="pagenum"><a id="Page_369">[369]</a></span>
+the change we have just witnessed imperatively necessary. It
+has been the custom of the friends of the Administration
+hitherto, whenever charges of this kind are brought up, instead
+of answering them, to tell you that they endear the President
+more than ever to the American people; that his renomination
+is a sure thing, etc.; and that Horace Greeley is a friend of Hank
+Smith. Now is this satisfactory? Let us have a candid answer,
+without allusions to cigars, or fast horses, or investments, or
+summer vacations, Hank Smith, or Horace Greeley.</p></blockquote>
+
+<p>No dollar of the Leet and Stocking "plum" ever reached
+President Grant or any member of his family. We are
+left to conjecture what were his reasons for allowing the
+scandal to continue so long after the facts became known.
+Judging his course here by his second term, we are forced
+to conclude that his combativeness was aroused by the
+criticisms of Schurz, Trumbull, and others, which he interpreted
+as marks of personal hostility to himself. In fact,
+his senatorial supporters so interpreted them in public
+discussions. He probably upheld Leet for the same reasons
+that he shielded Babcock in the greater scandal of
+the St. Louis Whiskey Ring in 1876.<a id="FNanchor_124_124"></a><a href="#Footnote_124_124" class="fnanchor">[124]</a> It was a mistake,
+however, to suppose (if he did suppose) that Trumbull was
+moved by any personal hostility. An interview with the
+latter, dated December 3, 1871, published in the Louisville
+<i>Courier-Journal</i>,<a id="FNanchor_125_125"></a><a href="#Footnote_125_125" class="fnanchor">[125]</a> shows that he was still on friendly
+terms with the President. His interlocutor began by asking
+him if he would consent to the use of his name as a
+conservative candidate for the Presidency against General
+Grant, to which the "Illinois statesman replied with
+more than usual emphasis, 'No sir, I would not.'"</p>
+
+<p>Then the following conversation ensued:</p>
+<p><span class="pagenum"><a id="Page_370">[370]</a></span></p>
+<blockquote><p>Why not?</p>
+
+<p>For many reasons. In the first place, I am satisfied where I
+am. I consider a seat in the Senate of the United States a position
+in which I can be more useful than in any other, and I
+believe it to be as honorable as any under the Government if its
+duties be efficiently and properly discharged. In the next place,
+I do not agree with the programme which has been marked out
+by those who refuse to support the candidacy of the President
+for re&euml;lection. I am conscious of the need for many reforms,
+and I am daily striving to accomplish them. But I do not
+believe that a revolution of parties would be salutary. I do not
+believe that either the people of the North or of the South are
+ready to profit by such a change.</p>
+
+<p>And why not?</p>
+
+<p>Because the people of the South have really accepted nothing,
+and are not willing to co&ouml;perate with the Liberals of the North
+in settling the practical relations of society on a sure and generous
+basis. I know that the South has much to complain of.
+But so have the Liberal Republicans. It is not the rebel element,
+perhaps, but the nature of things, that the South should
+not realize the complete overthrow of the old order and the
+necessity for a complete change of the domestic policy. I
+believe that the defeat of General Grant would involve a reaction
+at the South whose consequences would be even worse than
+the present state of affairs.</p>
+
+<p>Don't you think General Grant meditates the permanent
+usurpation of the Executive office?</p>
+
+<p>No, I do not. My opinion is that General Grant is, in the
+main, a conservative man. He has made mistakes. But I cannot
+say they justify his removal.</p>
+
+<p>What are your personal relations?</p>
+
+<p>Very friendly. I have opposed some of his measures, but I
+have no personal feeling, and, indeed, this is one of the reasons
+why it is disagreeable to have my name mentioned in the connection
+you name.</p></blockquote>
+
+<p>The interview closed with the writer's assurance that
+the views of Senator Sumner coincided with those of
+Trumbull. A Washington letter in the <i>Nation</i> of December
+28 said:</p><p><span class="pagenum"><a id="Page_371">[371]</a></span></p>
+
+<blockquote><p>From what I see and hear, the conviction is forced upon me
+that there will be no lead given by men like Trumbull voluntarily.
+They may be forced by the Administration party into
+opposition, but they will go reluctantly and timidly.</p></blockquote>
+
+<p>Among the letters received by Trumbull at this time
+was the following from a man of high repute and influence
+in Ohio:</p>
+
+<blockquote><p>
+
+<span class="smcap">Columbus</span>, December 15, 1871.<br />
+</p>
+
+<p>You may remember me sufficiently to know who I am and
+my position in Ohio. My special object in this writing is to congratulate
+you for your proper and patriotic position on the
+Retrenchment Resolution. Messrs. Morton, Sherman <i>et al</i>, are
+grievously mistaken as to the state of public sentiment in regard
+to the Administration and the President. I am bold to say that
+outside of the Grand Army of the Republic and the office-holders
+(an <i>imperium in imperio</i>), more than one half of the
+Republicans are intensely dissatisfied with General Grant. His
+indecent interference in Missouri and Louisiana, his disgusting
+nepotism, his indefensible course in regard to San Domingo,
+and his recent complimentary letter to Collector Murphy have
+produced the conviction that he is intellectually and morally
+unqualified for his present position. He will hear deep and
+alarming thunder before the Kalends of November, 1872.</p>
+
+<p>Go forward with your associates, Schurz, Sumner, Patterson,
+and Tipton, in your exposure of the faults and frauds of the
+Administration, and the best class of Republicans will honor
+your magnanimity and patriotism. I know General Grant personally.
+I have not asked him for any favor. As Senatorial
+Elector I traversed the state, and advocated the Republican
+principles and policy, but I have the pleasant consciousness
+and delightful remembrance that I never eulogized General
+Grant nor recommended him as suitable for the place. As long
+as he is under the special superintendence of Morton, Chandler,
+and Cameron, he must necessarily deteriorate, as none of them
+has ever been suspected of having any profound sense of right
+or wrong.</p>
+
+<p>
+Confidentially yours,<br />
+<br />
+<span class="smcap">Sam'l Galloway</span>.<br />
+<br />
+<span class="smcap">Hon. Lyman Trumbull</span>, U.S.S.<br />
+</p>
+</blockquote><p><span class="pagenum"><a id="Page_372">[372]</a></span></p>
+
+<div class="footnotes">
+<h3>FOOTNOTES:</h3>
+
+<div class="footnote"><p><a id="Footnote_122_122"></a><a href="#FNanchor_122_122"><span class="label">[122]</span></a> <i>Cong. Globe</i>, 1871, p. 51.</p></div>
+
+<div class="footnote"><p><a id="Footnote_123_123"></a><a href="#FNanchor_123_123"><span class="label">[123]</span></a> See House report No. 50, 37th Congress, 3d session, page 38.</p></div>
+
+<div class="footnote"><p><a id="Footnote_124_124"></a><a href="#FNanchor_124_124"><span class="label">[124]</span></a> Rhodes, <i>History of the United States</i>, <span class="smcap">vii</span>, 182-89.</p></div>
+
+<div class="footnote"><p><a id="Footnote_125_125"></a><a href="#FNanchor_125_125"><span class="label">[125]</span></a> This interview was reprinted in the New York <i>Times</i> of December 6. It is
+corroborated in sentiment by the Trumbull manuscripts of that date, but it was
+probably not intended for publication. It purports to be a conversation between
+Trumbull and an ex-Senator.</p></div>
+</div>
+
+<hr class="chap" />
+
+<h2 id="CHAPTER_XXV">CHAPTER XXV</h2>
+
+<p class="h3">THE CINCINNATI CONVENTION</p>
+
+<p>The Liberal Republicans of Missouri held a state
+convention at Jefferson City, January 24, 1872. They
+adopted a platform which affirmed the sovereignty of
+the Union, emancipation, equality of rights, enfranchisement,
+complete amnesty, tariff reform, civil service
+reform, local self-government, and impartial suffrage.
+They also called a national mass convention to meet at
+Cincinnati on the first Monday in May.</p>
+
+<p>This call was at once endorsed by General J. D. Cox,
+George Hoadley, Stanley Matthews, and J. B. Stallo, four
+of the most eminent citizens of Ohio, the first of whom
+had been a member of President Grant's Cabinet. Mr.
+Matthews, in an interview, expressed the hope that the
+Democrats would join in nominating a candidate for the
+presidency of the type of Charles Francis Adams, William
+S. Groesbeck, Lyman Trumbull, or Salmon P. Chase.</p>
+
+<p>The movement spread like wildfire. Groups of Republicans,
+eminent in character and in public service in all
+the states, proclaimed their adhesion to it and declared
+their intention to participate in the convention. It had
+also the active support of the Springfield <i>Republican</i>, the
+Cincinnati <i>Commercial</i>, and the Chicago <i>Tribune</i>, and the
+sympathy of the New York <i>Evening Post</i>, the <i>Nation</i>,
+and the New York <i>Tribune</i>. Democratic sympathy was
+manifested early and found expression in the columns
+of the Louisville <i>Courier-Journal</i>, whose editor, Henry
+Watterson, took a keen interest in the preliminaries of the
+Cincinnati meeting and whose co&ouml;peration was gladly<span class="pagenum"><a id="Page_373">[373]</a></span>
+welcomed. The New York <i>World</i>, edited by Manton
+Marble, gave passive support to the movement by advising
+Democrats to conform to present facts and not seek
+to revive or sustain the dead issues of the war and Reconstruction.</p>
+
+<p>Under date, New Orleans, April 23, Marble wrote to
+Schurz:</p>
+
+<blockquote><p>It is due to you that I should say, before you go to Cincinnati,
+that in my clear judgment the nomination of Charles
+Francis Adams would defeat the re&euml;lection of Grant. It has
+always been obvious that Mr. Adams would be among the best
+of Presidents. He has been growing, during the last few
+months, to be the best of candidates. I could not name another
+so safe to win. Adams and Palmer would be a quite perfect
+ticket.&mdash;This is founded on careful consideration.</p></blockquote>
+
+<p>August Belmont, of New York, the most influential
+Democrat in that state not holding any public office, took
+an active part, both by correspondence and by personal
+solicitation, in the endeavor to secure the nomination
+by the Cincinnati Convention of a candidate whom the
+Democrats could support, and to induce the latter to
+abstain from making a separate nomination. From Vincennes,
+Indiana, April 23, he wrote to Schurz that, after
+having seen many prominent men of both parties, he had
+found the Cincinnati movement even stronger with them,
+and the people, than he had anticipated. He added:</p>
+
+<blockquote><p>Everybody looks for the action of your convention, and if
+you make a good <i>national</i> platform denouncing the abuses and
+corruption of the Executive, the military despotism of the
+South, the centralization of power and the subordination of the
+civil power to the military rule, and declare boldly for general
+amnesty and a revenue tariff, you will find every Democrat
+throughout the land ready to vote for your candidate, provided
+you name one whom our convention can endorse....
+I found in the West and in New York an overwhelming<span class="pagenum"><a id="Page_374">[374]</a></span>
+desire for Charles F. Adams. Adams is the strongest and least
+vulnerable man; he will draw more votes from Grant than will
+any other candidate. The whole Democratic party will follow
+him.</p></blockquote>
+
+<p>There was a full delegation from Pennsylvania, composed
+of honorable men, who were not office-seekers. The
+meeting which appointed them was presided over by
+Colonel A. K. McClure, who announced, when taking the
+chair, that inasmuch as the Cincinnati Convention was a
+mass meeting, the persons attending it would not be entangled
+in the usual political machinery. The movement
+was on the lines of the Republican party; it was a movement
+of Republicans by necessity, who did not mean to
+be bound by the Government party as it then stood.
+General William B. Thomas said that he and other gentlemen
+had issued the call for this meeting to send a delegation
+to Cincinnati. He was engaged in work looking
+to the annihilation of the Republican party. He had
+helped to build up that party, but now he was free to say
+that it was the most corrupt party on the face of the
+earth. He was opposed to any candidate to be nominated
+by the coming Philadelphia Convention; Grant, or any
+other man. Colonel McClure said that the plain English
+of the whole thing was rebellion against the party and the
+bringing of it to the dignity of a revolution. Five years
+ago there might have been a necessity for the exercise of
+military power in the South, but not now. The South, to
+his mind, had been more desolated since the close of the
+war than before.</p>
+
+<p>The Pennsylvanians had fifty-six votes in the convention.
+On the first roll-call they cast all of them for Governor
+A. G. Curtin. On all subsequent ones they gave
+a plurality for Adams.<a id="FNanchor_126_126"></a><a href="#Footnote_126_126" class="fnanchor">[126]</a></p>
+<p><span class="pagenum"><a id="Page_375">[375]</a></span></p>
+<p>Numerous letters reached Trumbull before the call for
+the Cincinnati Convention was issued suggesting that he
+be a candidate for the presidency in opposition to Grant.
+One of these, dated Roslyn, Long Island, November 30,
+1871, was from John H. Bryant, brother of William Cullen
+Bryant, who said that both himself and his brother
+desired to see him elected President and that if he should
+be a candidate he could count on the support of the <i>Evening
+Post</i>.</p>
+
+<p>Silas L. Bryan, of Salem, Illinois, the father of William
+Jennings Bryan, wrote under date, December 19, 1871,
+that he considered Trumbull the Providential man for the
+present crisis and that if he would consent to be a candidate
+for the highest office he (Bryan) would take steps to
+promote that desirable end. To this letter Trumbull
+replied that to be talked about for the presidency impaired
+the influence he might otherwise have to promote
+the reforms which he labored to bring about. He did not,
+however, refuse Judge Bryan's offer of assistance.</p>
+
+<p>Joseph Brown, Mayor of St. Louis, wrote that he would
+rather see Trumbull nominated for the presidency than
+any other man of either party. To this letter Trumbull
+made a reply similar to that given to Judge Bryan.</p>
+
+<p>Walter B. Scates, ex-judge of the supreme court of
+Illinois, wrote: "You saved the Republican party in the
+impeachment trial and I now hope you may save the
+country from corruption, pillage, high tax, class legislation,
+and central despotism."</p>
+
+<p>Jesse K. Dubois, auditor of Illinois, perhaps the most
+sagacious and experienced politician in the state, wrote,
+after signing the call for the Cincinnati Convention:
+"With you as our candidate I would wager we carry this
+state anywhere from 30,000 to 50,000 majority as against
+Grant."</p><p><span class="pagenum"><a id="Page_376">[376]</a></span></p>
+
+<p>On February 23, Trumbull made a speech in the Senate
+defending the Missouri Convention's platform against
+the objections of Senator Morton, who had stigmatized it
+as a Democratic movement, because that party in Connecticut
+had endorsed it in their state convention. In this
+speech Trumbull took up each resolution in the platform
+and showed that it was either in accord with Republican
+doctrine as affirmed in the national platforms of the
+party, or had been commended by President Grant in official
+messages to Congress. On the subject of civil service
+reform, to promote which Grant had appointed the
+George William Curtis Commission, he said:</p>
+
+<blockquote><p>The great evil of our civil service system grows out of the
+manner of making appointments and renewals and the use
+which is made of the patronage, treating it as mere party spoils.
+Often the patronage is used for purposes not rising to the dignity
+of even party purposes, but by certain individuals for
+individual and personal ends. It would be bad enough if the
+patronage were used as mere spoils for party, but it is infinitely
+worse than that under our present system.</p>
+
+<p>The Senator from Indiana, in his speech the other day, undertook
+to create the impression that I was opposed to civil service
+reform. Why, sir, I offered the very bill in this body
+which became a law under which the Civil Service Commission
+was organized. I introduced bills here years ago in favor
+of a reform in the civil service and especially to break up the
+running of members of Congress to the departments begging
+for offices. In my judgment there is nothing more disreputable,
+or which interferes more with the proper discharge of
+public duty, than this hanging around the skirts of power begging
+for offices for friends.</p></blockquote>
+
+<p>The growth of the Cincinnati movement was signalized
+by a meeting at the Cooper Union in New York City on
+the evening of April 12, of which the <i>Nation</i> said: "We
+believe that it was the most densely packed meeting
+which ever met there. All approach within fifty yards of<span class="pagenum"><a id="Page_377">[377]</a></span>
+the entrance was next to impossible in the early part of
+the evening, so great was the crowd in the street." Both
+Trumbull and Schurz spoke here to enthusiastic hearers.</p>
+
+<p>Among the letters received by Trumbull prior to the
+convention the most thoughtful and weighty was the following
+written by Governor John M. Palmer, of Illinois:</p>
+
+<blockquote><p>
+
+<span class="smcap">Springfield</span>, April 13, 1872.<br />
+</p>
+
+<p>I have felt considerable apprehension in regard to the Cincinnati
+movement for the reason that I have doubted the ability
+of men of the right stamp to control the action of the proposed
+convention, and I have believed that it would be better
+to endure the abuses and weaknesses and follies of Grant's
+Administration for another four years than to crystallize them
+by the mistake of making a bad nomination of his successor.
+Grant is an evil that we can endure if we retain the right to
+point out his faults in principle and practice, but if some ancient
+Federalist should be elected to succeed him what is now usurpation
+would be accepted by the people as the proper theory of
+the government. But if the Cincinnati Convention nominates
+a statesman I will support him, and you if you are selected as
+the candidate.</p>
+
+<p>
+<span class="smcap">John M. Palmer.</span><br />
+</p>
+</blockquote>
+
+<p>Among the names mentioned as desirable candidates
+that of Charles Francis Adams was the most prominent.
+After him came Lyman Trumbull, Horace Greeley, David
+Davis, B. Gratz Brown, and Andrew G. Curtin. Adams
+had been Minister to Great Britain during the war, and
+was now one of the arbitrators of the Geneva Tribunal
+under the Alabama Claims Treaty. He had written a
+letter to David A. Wells which showed that he did not
+desire the nomination, was perfectly indifferent to it, but
+that if it were given to him without pledges of any kind
+he would not refuse. He said among other things:</p>
+
+<blockquote><p>If the call upon me were an unequivocal one based upon
+confidence in my character earned in public life, and a belief
+that I would carry out in practice the principles I professed,<span class="pagenum"><a id="Page_378">[378]</a></span>
+then indeed would come a test of my courage in an emergency;
+but if I am to be negotiated for, and have assurances given that
+I am honest, you will be so kind as to draw me out of that
+crowd.</p></blockquote>
+
+<p>This phrase was interpreted erroneously by some as an
+expression of contempt for "that crowd," but, of course,
+it was not so intended. The letter was not written for
+publication. Not only did Mr. Adams not seek the nomination,
+but his son, Charles Francis, Jr., refused to go
+to the convention, or to invite any of his Boston friends
+to go.</p>
+
+<p>Greeley was an anti-slavery leader, founder of the New
+York <i>Tribune</i>, book-writer, lecturer, foremost journalist
+in the country, distinguished both for intellectual power
+and personal eccentricity. Davis was a member of the
+Supreme Court of the United States, by Lincoln's appointment.
+Brown was governor of Missouri, and next to
+Schurz the most prominent leader of the Liberal movement.
+Curtin had been the war governor of Pennsylvania
+and was a man of high ability and unblemished character.
+The name of Sumner had been frequently mentioned as
+one suitable for the presidency, but he had not yet given
+his adhesion to the Liberal movement.</p>
+
+<p>The New York <i>Herald</i> of May 1 tells what I thought of
+the outlook when I first arrived in Cincinnati, thus:</p>
+
+<blockquote><p><span class="smcap">Cincinnati</span>, April 27, 1872.&mdash;Mr. Horace White, who
+arrived this morning, says that the Liberal movement has as yet
+only penetrated the crust of public sentiment and that the
+masses of the people are waiting in a half-curious way to see what
+will be done here before they will make up their minds.</p></blockquote>
+
+<p>Trumbull did not authorize the presentation of his name
+to the convention until one week before its meeting.
+Then a qualified acquiescence came in a letter to myself,
+dated Washington, April 24, saying:</p><p><span class="pagenum"><a id="Page_379">[379]</a></span></p>
+
+<blockquote><p>I do not think I ought to be nominated unless there is a
+<i>decided</i> feeling among those who assemble, and are outside of
+rings and bargains, that I would be stronger than any one else.
+Unless this is the feeling, I think it would not be wise to present
+my name at all.... D. A. Wells has enclosed me a letter written
+on the 20th by John Van Buren, Governor Hoffman's secretary,
+which he thinks undoubtedly represents the feelings of the
+Hoffman wing of the New York Democracy. In this letter Van
+Buren says the convention must not touch the question of free
+trade, that the persons pushing this question are not unanimous
+on the question, and that a non-committal resolution
+would do harm in both directions. Grosvenor is very strenuous
+about having such a resolution as will commit the convention
+distinctly to revenue reform, and I fear will be a little
+unreasonable about it. I had thought that a resolution might
+be adopted which would assert the principle without being
+offensive to anybody; perhaps something like the resolution
+adopted by the last Illinois State Convention. Free-traders
+and protectionists differ more about the application of principles
+than the principles themselves in their efforts. Wells and
+other reformers of the East will be reasonable on this question.
+Van Buren further says in his letter: "One thing rely upon&mdash;you
+need do nothing at Cincinnati except with reference to
+drawing Republicans into the movement. Disregard the Democrats.
+The movement of that side will take care of itself.
+There will be no cheating nor holding back on their side.
+They will go over in bulk and with a will."</p></blockquote>
+
+<p>My reply to this letter, written immediately after the
+adjournment of the convention, was the following:</p>
+
+<blockquote><p>My judgment was from the beginning of our arrival here that
+you could not be nominated, but I did not tell anybody so. Dr.
+Jayne and Governor Koerner thought you could be; and their
+judgment, I thought, should be set before mine. So I held my
+tongue and did what I could. If I had taken the responsibility
+of withdrawing your name as suggested by your letter, I should
+never have had any standing in Illinois again&mdash;certainly not
+among your friends.</p></blockquote>
+
+<p>As this convention did not consist of delegates chosen<span class="pagenum"><a id="Page_380">[380]</a></span>
+by primary meetings, any person of Republican antecedents
+or attachments was permitted to attend and take
+part in it. To bring order out of chaos it was necessary
+for the men of each state to come together and choose a
+number corresponding to its population to cast its votes
+on all questions arising, including the nomination of candidates.
+In states which presented more than one candidate,
+as in Illinois, there was some difficulty in making
+the proper division as between Davis and Trumbull; but
+all such troubles were adjusted before the hour for assembling
+arrived. The streets of Cincinnati had never beheld
+a more orderly, single-minded, public-spirited crowd. At
+least four fifths had come together at their own expense
+for no other purpose than the general good. There was,
+however, a small minority of office-seekers among them.
+The movement in its inception was altogether free from
+that class, but when it began to assume formidable proportions
+and seemed not unlikely to sweep the country,
+it attracted a certain number of professional politicians,
+including a few estrays from the South.</p>
+
+<p>The office-seeking fraternity were mostly supporters
+of Davis, whose appearance as a candidate for the presidency
+was extremely offensive to the original promoters
+of the movement. As a judge of the Supreme Court his
+incursion into the field of politics, unheralded, but not
+unprecedented, was an indecorum. Moreover, his supporters
+had not been early movers in the ranks of reform,
+and their sincerity was doubted. They were extremely
+active, however, after the movement had gained headway,
+and they were able to divide the vote of Illinois into
+two equal parts (21 to 21), so that Trumbull's strength
+in the convention was seriously impaired. Davis's chances
+were early demolished by the editorial fraternity, who,
+at a dinner at Murat Halstead's house, resolved that they<span class="pagenum"><a id="Page_381">[381]</a></span>
+would not support him if nominated, and caused that
+fact to be made known.</p>
+
+<p>Greeley's candidacy had not been taken seriously by
+the editors at Halstead's dinner-party. As an individual
+he was generally liked by them and his ability and honesty
+were held in the highest esteem; but he was looked upon
+as too eccentric and picturesque to find much support
+in such a sober-minded convention as ours. Adams and
+Trumbull were the only men supposed by us to be within
+the sphere of nomination, and the chances of Adams were
+deemed the better of the two. We had yet to learn that
+there are occasions and crowds where personal oddity and
+a flash of genius under an old white hat are more potent
+than high ancestry or approved statesmanship, or both
+those qualifications joined together.</p>
+
+<p>Before nominations were made, a platform was to be
+framed and adopted. There were three main issues to be
+considered: Universal amnesty, civil service reform, and
+tariff reform. On the first and second there was no difference
+of opinion. Without them the Cincinnati movement
+would never have taken place; the convention would
+never have been called. As to the third, there was a difference
+of opinion which divided the convention and the
+Committee on Resolutions in the middle, and it soon
+became known that "there was no common ground on
+which the protectionists and revenue reformers could
+stand." So wrote E. L. Godkin from the convention hall
+to the <i>Nation</i>. He continued:</p>
+
+<blockquote><p>The Committee on Resolutions, after sitting up a whole
+night, were compelled to accept the compromise which he
+[Greeley] proposed&mdash;the reference of the whole matter to the
+people in the congressional districts. It is right to add that
+the sentiment of the convention was overwhelmingly in favor
+of this course. There is a touch of absurdity about it, it is true,
+but it is at least frank and honest, and at all events nothing<span class="pagenum"><a id="Page_382">[382]</a></span>
+else was possible. Even such outspoken free-traders as Judge
+Hoadley, of this city, were compelled to concur in this disposition
+of the question.</p></blockquote>
+
+<p>As chairman of the Committee on Resolutions, and
+a free-trader, I can confirm all that Godkin wrote, and
+add that the committee considered the expediency of
+reporting to the convention their inability to agree and
+asking to be discharged. This plan was rejected lest it
+should cause a bolting movement, on an issue which was
+rated only third in importance among those which had
+brought us together. It was decided that tariff reform
+could wait, while the pacification of the South and the
+reform of the civil service could not.</p>
+
+<p>Thursday night, May 2, I had gone to bed at the Burnet
+House when I was aroused by a loud knock on my
+door and a voice outside which I recognized as that of
+Grosvenor exclaiming: "Get up! Blair and Brown are
+here from St. Louis." Without waiting for an answer he
+went on knocking at other doors in the corridor and giving
+the same warning, but no other explanation. I arose,
+dressed myself, and went down to the rotunda of the
+hotel, where I found some of the supporters of Trumbull
+and of Adams who were trying to discover why the arrival
+of Frank Blair and Gratz Brown should produce a
+commotion in a convention of more than seven hundred,
+of which Blair and Brown were not members. Blair
+was then the Democratic Senator from Missouri. The
+two newcomers were not visible. They had obtained a
+room and had called into it some of the Missouri delegation
+and would not admit any uninvited persons. Presently
+Grosvenor returned and told us that Brown intended
+to withdraw as a candidate for the presidency
+and turn his forces over to Greeley, and himself take the
+Vice-Presidency. Grosvenor considered this a dangerous<span class="pagenum"><a id="Page_383">[383]</a></span>
+combination and said that steps should be taken to
+checkmate it at once.</p>
+
+<p>The Adams and Trumbull men here collected remained
+till about two o'clock trying to learn more about the
+expected <i>coup</i>, but as nothing further could be obtained
+they retired one by one to uneasy slumber. Grosvenor
+maintained to the last that great mischief was impending,
+but could not suggest any way to meet it.</p>
+
+<p>On the following day voting began, and the first roll-call
+showed Adams in the lead with 205 votes; Greeley
+had 147, Trumbull 110, Brown 95, Davis 92-1/2, Curtin 62,
+Chase 2-1/2. Carl Schurz, who was permanent chairman
+of the convention and a supporter of Adams, then rose
+and with some signs of embarrassment said that a gentleman
+who had received a large number of votes desired
+to make a statement, whereupon he invited the Hon. B.
+Gratz Brown to come to the platform. Brown advanced
+to the front, and after thanking his friends for their support
+said that he had decided to withdraw his name and
+that he desired the nomination of Horace Greeley as the
+man most likely to win in the coming election. There was
+great applause among the supporters of Greeley, but the
+immediate result did not answer their expectations. Brown
+could not control even the Missouri delegation. The first
+vote of the Missouri men had been 30 for Brown. The
+second was, Trumbull 16, Greeley 10, Adams 4.</p>
+
+<p>All the votes are shown in the following table:</p>
+
+
+<div class="center">
+<table border="2" cellpadding="10" cellspacing="0" summary="Vote Total">
+<tr><td class="tdl">Roll-Call</td><td class="tdr">Adams</td><td class="tdr">Greeley</td><td class="tdr">Trumbull</td><td class="tdr">Davis</td><td class="tdr">Chase</td><td class="tdr">Brown</td><td class="tdr">Curtin</td></tr>
+<tr><td class="tdl">First</td><td class="tdr">205</td><td class="tdr">147</td><td class="tdr">110</td><td class="tdr">92-1/2</td><td class="tdr">2-1/2</td><td class="tdr">95</td><td class="tdr">62</td></tr>
+<tr><td class="tdl">Second</td><td class="tdr">243</td><td class="tdr">245</td><td class="tdr">148</td><td class="tdr">81</td><td class="tdr">&nbsp;</td><td class="tdr">&nbsp;</td><td class="tdr">2</td></tr>
+<tr><td class="tdl">Third</td><td class="tdr">264</td><td class="tdr">258</td><td class="tdr">156</td><td class="tdr">44</td><td class="tdr">&nbsp;</td><td class="tdr">&nbsp;</td><td class="tdr">&nbsp;</td></tr>
+<tr><td class="tdl">Fourth</td><td class="tdr">279</td><td class="tdr">251</td><td class="tdr">141</td><td class="tdr">51</td><td class="tdr">&nbsp;</td><td class="tdr">&nbsp;</td><td class="tdr">&nbsp;</td></tr>
+<tr><td class="tdl">Fifth</td><td class="tdr">309</td><td class="tdr">258</td><td class="tdr">91</td><td class="tdr">30</td><td class="tdr">25</td><td class="tdr">&nbsp;</td><td class="tdr">&nbsp;</td></tr>
+<tr><td class="tdl">Sixth</td><td class="tdr">324</td><td class="tdr">332</td><td class="tdr">19</td><td class="tdr">6</td><td class="tdr">32</td><td class="tdr">&nbsp;</td><td class="tdr">&nbsp;</td></tr>
+</table></div>
+
+<p><span class="pagenum"><a id="Page_384">[384]</a></span></p>
+
+<p>Although Greeley's plurality on the sixth roll-call was
+small, his gain over the fifth was large, being 74 votes,
+that of Adams being only 15. This was a signal to all who
+wished to be on the winning side to take shelter under
+the old white hat. Changes were made before the result
+was announced which gave Greeley 482 to 187 for Adams.
+Then Greeley was declared nominated. The nomination
+of Gratz Brown for Vice-President followed without
+much opposition.</p>
+
+<p>The supporters of Adams and of Trumbull were
+stunned. The first impulse of their leaders, and especially
+of Schurz, was to put on sackcloth, and go into
+retirement. Prompt decision, however, was necessary to
+the editors of daily newspapers. Other persons could go
+home and take days or weeks to think the matter over,
+but those who, at Halstead's table, had decided against
+David Davis, must needs make another prompt decision
+before the next paper went to press. They decided to
+support Greeley, because they had honestly led their
+readers to an honest belief that the Cincinnati movement
+was for the best interests of the Republic; and they
+deemed it unfair to turn against it on account of personal
+vexation against a man whose candidacy had been
+tolerated through the whole proceedings. That Greeley
+was an unbalanced man we all knew. That he was liable
+to go off at a tangent and that his self-esteem and
+self-confidence might put him beyond the reach of good
+counsel in affairs of great pith and moment, was the unexpressed
+thought of most of us. But we knew that his
+aims were patriotic, and we reflected that some risks are
+taken at every presidential election. Greeley had not yet
+been proved an unsafe President, and that was more
+than could be said for Grant. In fact, Grant's second
+term proved to be worse than his first.</p><p><span class="pagenum"><a id="Page_385">[385]</a></span></p>
+
+<p>Schurz was more distressed by the "Gratz Brown
+trick," as it was commonly called, than by anything else.
+This had the appearance of a brazen political swap executed
+in the light of day, by which the presidency and
+the vice-presidency were disposed of as so much merchandise.
+He did not, however, in his thoughts connect
+Greeley with the trade. It was physically impossible
+that the latter could have been a party to it, if there
+was a trade. Nevertheless he considered the German vote
+lost beyond recall by the bad look of it.<a id="FNanchor_127_127"></a><a href="#Footnote_127_127" class="fnanchor">[127]</a> My own belief
+is that Blair and Brown were jealous of Schurz's power
+in Missouri; that they feared he would become omnipotent
+there, dominating both parties, if Adams should be
+elected President; and that the only way to head him off
+was to beat Adams. They chose Greeley for this purpose,
+not because they had any bargain with, or fondness for,
+him, but because he was the next strongest man in the
+convention.</p>
+
+<p>The engineers of the Liberal Republican movement
+went their several ways. Those who held tariff reform
+of more importance than all other issues abjured Greeley
+at once. E. L. Godkin and William Cullen Bryant declared
+war against him because they considered him dangerous
+and unfit. The following correspondence which
+took place between Bryant and Trumbull was illustrative
+of the feelings of many others:</p>
+<p><span class="pagenum"><a id="Page_386">[386]</a></span></p>
+<blockquote><p>
+
+<span class="smcap">The Evening Post</span>,<br />
+41 <span class="smcap">Nassau Street, Cor. Liberty</span>,<br />
+<span class="smcap">New York</span>, May 8th, 1872.<br />
+<br />
+<span class="smcap">My dear Sir</span>,<br />
+</p>
+
+<p>It has been said that you will support the nomination of Mr.
+Greeley for President. I have no right to speak of any course
+which you may take in politics in any but respectful terms, but
+I may perhaps take the liberty of saying that if you give that
+man your countenance, some of your best friends here will
+deeply regret it. We who know Mr. Greeley know that his
+administration, should he be elected, cannot be otherwise than
+shamefully corrupt. His associates are of the worst sort and
+the worst abuses of the present Administration are likely to
+be even caricatured under his. His election would be a severe
+blow to the cause of revenue reform. The cause of civil service
+reform would be hopeless with him for President, for Reuben
+E. Fenton, his guide and counselor, and the other wretches by
+whom Greeley is surrounded, will never give up the patronage
+by which they expect to hold their power. As to other public
+measures there is no abuse or extravagance into which that
+man, through the infirmity of his judgment, may not be
+betrayed. It is wonderful how little, in some of his vagaries,
+the scruples which would influence other men of no exemplary
+integrity, restrain him. But I need not dwell upon these matters&mdash;they
+are all set forth in the <i>Evening Post</i> which you
+sometimes see. What I have written, is written in the most
+profound respect for your public character, and because of that
+respect. If you conclude to support Mr. Greeley, I shall, of
+course, infer that you do so because you do not know him.</p>
+
+<p>
+Yours truly,<br />
+<span class="smcap">Hon. L. Trumbull.</span><br />
+<span class="smcap">W. C. Bryant.</span><br />
+</p>
+
+<p>
+<span class="smcap">United States Senate Chamber</span>,<br />
+<span class="smcap">Washington</span>, May 10, 1872.<br />
+<br />
+<span class="smcap">Wm. C. Bryant</span>, Esq.,<br />
+</p>
+
+<p><span class="smcap">My dear Sir</span>,&mdash;Your kind and frank letter is before me. I
+wish I could see something better than to support Mr. Greeley,
+but I do not. Personally, I know but little of him, but in common
+with most people supposed he was an honest but confiding
+man, who was often imposed upon by those about him. This
+would be a great fault in a President, I admit, but with proper<span class="pagenum"><a id="Page_387">[387]</a></span>
+surroundings could be guarded against, and almost anything
+would be an improvement on what we have. One of the greatest
+evils of our time is party despotism and intolerance. Greeley's
+nomination is a bomb-shell which seems likely to blow up
+both parties. This will be an immense gain. Most of the corruptions
+in government are made possible through party tyranny.
+Members of the Senate are daily coerced into voting
+contrary to their convictions through party pressure. A notable
+instance of this was the vote on the impeachment of Johnson,
+and matters in this respect have not improved since. If by
+Greeley's election we could break up the present corrupt organizations,
+it would enable the people at the end of four years to
+elect a President with a view to his fitness instead of having
+one put upon them by a vote of political bummers acting in
+the name of party.</p>
+
+<p>Having favored the Cincinnati movement and Greeley having
+received the nomination, I see no course left but to try to
+elect him, and endeavor to surround him, as far as possible,
+with honest men. Greeley had a good deal of strength among
+the people and was strong in the convention outside of bargain
+or arrangement. Many voted for him as their first choice, and
+in Illinois I feel confident he is a stronger candidate than Adams
+would have been.</p>
+
+<p>
+<span class="smcap">Lyman Trumbull</span>.<br />
+</p>
+</blockquote>
+
+<p>Sumner, although urged by many of his warmest
+friends both before and after the convention, including
+Frank Bird, Samuel Bowles, and Greeley himself
+(through Whitelaw Reid), to declare his position, did
+not break silence until May 31, when he made his great
+speech against Grant. The speech remains a true catalogue
+of the shortcomings of Grant as a civil administrator
+up to that time. All his sins of omission and of commission
+were there set forth in orderly array, together
+with the proofs. Sumner thus spared future historians a
+deal of trouble in searching the records, but the speech
+was not very effective in the way of changing votes.
+Sumner sometimes mistook himself for a modern Cicero<span class="pagenum"><a id="Page_388">[388]</a></span>
+impeaching Verres. He piled up the agony in the fashion
+customary in the pleadings of the ancient forum. He
+overlooked the signal services rendered by Grant before
+he held any civil office. He did not make allowance for
+the transition of a tanner's clerk, earning fifty dollars a
+month and having a family to support, first to the command
+of half a million soldiers in war time, and then to
+the presidency of the United States in time of peace, all
+within the period of eight years. The mistakes naturally
+arising from such crude beginnings, when meeting gigantic
+responsibilities in quick succession, ought to have excited
+pathos as well as censure. By giving due consideration
+to Grant's whole career, he would have secured a better
+hearing for the part of it which he wished to impress upon
+the public mind.</p>
+
+<p>Even now Sumner did not advise anybody to vote for
+Greeley. His omission to do so was at once construed as
+an argument favorable to Grant. It was said that the
+dangers involved in Greeley's eccentricities were so much
+greater than anything that Grant had done, or could do,
+that Grant's worst enemy (Sumner) would not advise
+people to vote for him. Not until the 29th of July did the
+Massachusetts Senator publicly speak for Greeley, and
+then only in a letter to some colored voters who had asked
+his advice. It was then too late to exert much influence.
+It is doubtful if even the colored men who had sought
+his advice gave any heed to it. Probably the reason why
+Sumner did not speak earlier was that he hesitated to
+break from his abolitionist friends, Garrison, Phillips, and
+others, who had besought him not to join the Democrats.
+When he did finally join the forces supporting Greeley,
+his old friend Garrison turned upon him and chastised
+him severely in a series of open letters, which Sumner
+declined to read.</p><p><span class="pagenum"><a id="Page_389">[389]</a></span></p>
+
+<div class="footnotes">
+<h3>FOOTNOTES:</h3>
+
+<div class="footnote"><p><a id="Footnote_126_126"></a><a href="#FNanchor_126_126"><span class="label">[126]</span></a> Chicago <i>Times</i>, April 22.</p></div>
+
+<div class="footnote"><p><a id="Footnote_127_127"></a><a href="#FNanchor_127_127"><span class="label">[127]</span></a> Frank W. Bird, of Boston, who went to Cincinnati as an anti-Adams delegate,
+wrote to Charles Sumner on May 7: "Don't believe a word about the
+trade, in any discreditable sense, between Blair and Brown on the one part and
+the Greeley men on the other. Undoubtedly Blair wanted to head off Schurz,
+and equally truly an arrangement was made, or an understanding reached, on
+Thursday night, in a certain contingency to unite a portion of the Brown and
+Greeley forces: but, except perhaps in the motives of the leading negotiators on
+one side, there was nothing unusual in the affair, nothing that is not usually&mdash;indeed,
+almost necessarily&mdash;done in such conventions; nothing that was not
+contemplated and even proposed by the Adams men." (Sumner papers in
+Harvard University Library.)</p></div>
+</div>
+
+<hr class="chap" />
+
+<h2 id="CHAPTER_XXVI">CHAPTER XXVI</h2>
+
+<p class="h3">THE GREELEY CAMPAIGN</p>
+
+<p>My own feelings immediately after the nomination
+were set forth in a telegram to the Chicago <i>Tribune</i> published
+in its issue of May 4. The chief part was in these
+words:</p>
+
+<blockquote><p><span class="smcap">Cincinnati</span>, May 3.&mdash;The nomination of Mr. Greeley was
+accomplished by the people against the judgment and strenuous
+efforts of politicians, using the latter word in its larger
+and higher sense. The Gratz Brown performance has given the
+whole affair the appearance of a put-up job, but it was merely
+a lucky guess. The Blairs and Browns do not like Schurz. To
+defeat a candidate who was likely to be on confidential terms
+with Schurz, as either Adams or Trumbull would have been,
+was the thing nearest to their hearts, and for this purpose
+Brown made his appearance here. His speech in the Convention
+fell like dish-water on the whole assemblage, and, being
+followed by the transfer of the Missouri votes to Trumbull,
+instead of Greeley, showed that he had no influence in his own
+delegation. The changes from Brown to Greeley were few and
+far between, and in a short time the convention only remembered
+that Brown had been a candidate once and was so no
+longer. But the personal popularity of Greeley was more than
+a match for the intellectual strength of Trumbull and the moral
+gravity of Adams. He was stealing votes from both of them all
+the time. When the Illinois delegation at last perceived that
+the heart of the convention was carrying away the head, and
+retired for consultation, the surprising fact was developed that
+fifteen of their own number preferred Greeley to any candidate
+not from their own state. The supporters of Adams, while entertaining
+the most cordial feeling for the friends of Trumbull,
+think that if the latter had come over to Adams's corner the
+result would have been different. I do not think so. If the
+Illinois vote could have been cast solid for Adams at an earlier<span class="pagenum"><a id="Page_390">[390]</a></span>
+stage, the result might have been different: but there was no
+time when Adams could have got more than the twenty-seven
+votes which were finally cast for him. The contingency of having
+to divide between Adams and Greeley had never been considered,
+and, therefore, no time had been allowed to compare
+views. The vote of the state being thus divided, its weight was
+lost for any purpose of influencing other votes. Then gush and
+hurrah swept everything down, and, almost before a vote of
+Illinois had been recorded by the secretary, the dispatches
+came rushing to the telegraph instruments that Greeley was
+nominated. For a moment, the wiser heads in the convention
+were stunned, though everybody tried to look perfectly contented.
+Of all the things that could possibly happen, this was
+the one thing which everybody supposed could not happen.
+Not even the Greeley men themselves thought it could happen.
+The only able politician who seemed to be really for Greeley
+was Waldo Hutchins, of New York, and even his sincerity was
+questioned by Greeley's backbone friends as long as the Davis
+movement was regarded as still alive.</p></blockquote>
+
+<p>How the news was received by Trumbull was told by
+the New York <i>Herald's</i> Washington dispatch of May 3:</p>
+
+<blockquote><p>... The scene in the Senate, when the news was received,
+was one of complacent dignity, such as only the members of
+that body could arrange, even if they had studied to prepare
+themselves for an art tableau. Mr. Fenton was the recipient
+of the dispatches, and his chair was consequently surrounded
+by a crowd of the less dignified Senators, who could not wait
+to have the telegrams passed around. Trumbull was the most
+undisturbed of all those on the floor. His equanimity astonished
+his friends as well as the numerous strangers in the galleries,
+who watched closely for indications of excitement in his
+parchment-like face. In truth, he seemed to get the news
+rather by some occult process of induction, if he got it at all,
+than by the course usual to ordinary men. Other members
+smiled, made comments, exchanged opinions and preserved
+their dignity with customary success; but he alone asserted an
+immobility of demeanor that will last for all time, in the memory
+of its witnesses, as a remarkable instance of self-possession.
+At last, when every one else had delivered himself of some<span class="pagenum"><a id="Page_391">[391]</a></span>
+criticism he remarked to those in his immediate vicinity: "If
+the country can stand the first outburst of mirth the nomination
+will call forth, it may prove a strong ticket."</p></blockquote>
+
+<p>Carl Schurz was slow in reaching a decision to support
+the ticket. His first endeavor was to induce Greeley, in
+a friendly way, to decline the nomination, by showing him
+the sombre aspects of the campaign ahead. In a letter
+dated May 18, he told Greeley that the dissatisfaction
+of an influential part of the Liberal Republican forces
+was such that a meeting had been called to consider the
+question of putting another ticket in the field before
+the Democrats should hold their convention. Other discouraging
+features were presented and the letter concluded
+with these words:</p>
+
+<blockquote><p>I have, from the beginning, made it a point to tell you with
+entire candor how I feel and what I think about this business,
+and now if the developments of the campaign should be such as
+to disappoint your hopes, it shall not be my fault if you are
+deceived about the real state of things.</p></blockquote>
+
+<p>To this Greeley replied on the 20th, saying that his
+advices warranted him in predicting that New York
+would give 50,000 majority for the Cincinnati ticket, and
+that New England and the South would be nearly solid
+for it, while in Pennsylvania and the Northwest the
+chances were at least even. He ended by saying: "I shall
+accept unconditionally."</p>
+
+<p>The meeting foreshadowed in Schurz's letter to Greeley
+took place at the Fifth Avenue Hotel on the 20th of June.
+It was composed mainly of persons who had participated
+in the Cincinnati Convention and had been greatly disappointed
+by Mr. Greeley's nomination. William Cullen
+Bryant presided, but fell asleep in the chair soon after the
+proceedings began. The first speech was made by Trumbull,
+who said that his mind was made up to support the<span class="pagenum"><a id="Page_392">[392]</a></span>
+Cincinnati ticket. He thought that Greeley had gained
+strength during the first month of the campaign and that
+the chances of his election were good. He could see no
+reason for nominating another ticket. That would simply
+be playing into the hands of the supporters of
+Grant.</p>
+
+<p>Schurz's position, as reported by the <i>Nation</i>, was this:</p>
+
+<blockquote><p>That he, more than any other man, was chagrined by the
+result of Cincinnati; that he does not consider Mr. Greeley a
+reformer, and has no expectations of any reforms at his hands,
+and will say so on the stump; that he believes him "to be surrounded
+by bad men"; that he (Mr. Schurz), however, is so
+satisfied of the necessity of defeating Grant and dissolving existing
+party organizations, that he is ready to use any instrument
+for the purpose, and will, therefore, support Greeley in the
+modified and guarded manner indicated above. He looks forward,
+with a hopefulness bordering on enthusiasm, to the good
+things which will grow out of the confusion following on Greeley's
+election, and is deeply touched by the Southern eagerness
+for Greeley.</p></blockquote>
+
+<p>A private letter from E. L. Godkin to Schurz, dated
+Lenox, Massachusetts, June 28, gives reasons for deprecating
+the course that the latter had decided to take in
+the campaign.</p>
+
+<blockquote><p>He has considered Schurz's words about Greeley; would be
+most glad could he see any way to join in supporting Greeley,
+Schurz being the one man in American politics who inspires
+Godkin with some hope concerning them. He maturely considered
+what he could and would do when Greeley was first nominated.
+In view of his own share in bringing public feeling to
+the point of creating the convention, he would have stood by
+Greeley if possible; saw no chance to do so and sees none now;
+is satisfied he can have nothing to do with Greeley. If Greeley
+gave pledges, and broke them, "<i>as I believe he would</i>," it would
+be no consolation to Godkin that an opposition would thereby
+be raised up. He went through all this with Grant, who gave<span class="pagenum"><a id="Page_393">[393]</a></span>
+far better guarantees than Greeley offers, "and he made fine
+promises and broke them, and good appointments and reversed
+them, and I have in consequence been three years in opposition."
+Cannot afford to repeat this. "Greeley would have to
+change his whole nature, at the age of 62, in order not to deceive
+and betray you," and when he has done so it will be too late
+to atone for having backed him by turning against him, which
+would then merely discredit one's judgment, and invite suspicion
+of some personal disappointment. Moreover, the small
+band of political reformers will have fallen into disrepute and
+become ridiculous and the country will be worse off than before.
+Feels that Schurz is sacrificing the future in taking Greeley on
+any terms....</p></blockquote>
+
+<p>Parke Godwin was even more bitter against Greeley.
+He wrote to Schurz under date May 28:</p>
+
+<blockquote><p>"... I have so strong a sense of Greeley's utter unfitness for
+the presidency that I cannot well express it. The man is a
+charlatan from top to bottom, and the smallest kind of a
+charlatan,&mdash;for no other motive than a weak and puerile
+vanity. His success in politics would be the success of whoever
+is most wrong in theory and most corrupt in practice." All the
+most corrupt spoilsmen of either side are either with him now
+or preparing to go to him. It is the first of duties to expose him
+and his factitious reputation. Grant and his crew are bad,&mdash;but
+hardly so bad as Greeley and his would be. Besides, Grant,
+though in very bad hands, has his clutches full: Greeley's set
+would be newcomers.</p></blockquote>
+
+<p>The regular Republican Convention met at Philadelphia,
+June 5, and nominated General Grant for President
+by unanimous vote. The names of Henry Wilson, Schuyler
+Colfax, and several others were presented for Vice-President.
+On the first roll-call Wilson had 361 votes
+and Colfax 306, and there were 66 for other candidates.
+Before the result was announced, 38 votes from Southern
+States were changed to Wilson, giving him 399, a majority
+of the whole number cast. This decision was brought
+about by the wish of Grant himself, communicated to<span class="pagenum"><a id="Page_394">[394]</a></span>
+General Grenville M. Dodge before the convention met.
+Grant had no liking for Colfax.<a id="FNanchor_128_128"></a><a href="#Footnote_128_128" class="fnanchor">[128]</a></p>
+
+<p>The platform of the convention laid stress on the imperative
+duty of "suppression of violent and treasonable
+organizations in certain lately rebellious regions and for
+the protection of the ballot-box." This meant the stern
+execution of the Ku-Klux Law, under suspension of the
+writ of <i>habeas corpus</i>, which was already in progress. The
+remainder of the platform was either "pointing with
+pride" at past achievements, or clap-trap of various
+kinds, including a promise to take good care of capital
+and labor, so as to secure "the largest opportunities and
+a just share of the mutual profits of these two great servants
+of civilization."</p>
+
+<p>The Democratic National Convention met at Baltimore,
+July 9, and adopted both the platform and the candidates
+of the Cincinnati Convention. This involved a
+complete reversal of the party's principles as declared in
+its last previous platform, but it was not inconsistent with
+inexorable facts. There was nothing else to be done unless
+the party was determined still to battle against the result
+of the Civil War. It was inevitable, however, that there
+should be a remnant of the party that would never vote for
+Greeley&mdash;the man who above all others had gored them
+most savagely in the fights of a quarter of a century. The
+dissentients called and held a convention at Louisville,
+September 3, where they nominated Charles O'Conor
+of New York for President and John Quincy Adams for
+Vice-President, both of whom declined. Other attempts
+to put a third ticket in the field came to nothing. The
+recalcitrants either voted for Grant or abstained from
+voting altogether.</p>
+
+<p>Trumbull took an active part in the campaign, speak<span class="pagenum"><a id="Page_395">[395]</a></span>ing
+to large crowds and almost incessantly in Maine, New
+York, Pennsylvania, Ohio, Michigan, Indiana, and Illinois.
+His first speech was made at Springfield, Illinois,
+June 26, a synopsis of which will serve to indicate the
+views which he advocated.</p>
+
+<blockquote><p>He said that he was glad to explain to Illinoisans the position
+he had felt it his duty to take on many points. It was now
+more than seventeen years that he had represented the state in
+Washington. In that time the principles on which the Republican
+party was formed had all been settled. Nothing remained
+but the machinery, which had fallen into the hands of those
+who sought to use it for merely selfish ends. During his service
+he had sometimes not acted according to the views of all his
+constituents, but he had not failed to follow his own sense of
+duty and right. Within the last ten years many abuses had
+crept into the Government and numerous defalcations had
+occurred, perhaps the most noted being that of Hodge, paymaster,
+in the office of the Paymaster-General, "whose defalcations,
+occurring right under the eye of the Government,
+amounted to more than $400,000." An investigating committee
+had reported to a previous Congress great abuses in the
+New York Custom-House&mdash;bribery and demoralization. At
+the beginning of the recent session he [Trumbull] had introduced
+a resolution for a joint committee of investigation, with
+power to send for persons and papers; introduced it in good
+faith to unearth frauds, if existent, and to correct them, without
+design of injuring the party. "I was simple-minded enough
+to believe that the Republican party, ... with which I had
+been identified for so many years, would be lifted in public
+estimation ... if it had the virtue and the honesty to expose,
+even among its own members, wrong, corruptions, and fraud if
+fraud existed, and to apply the proper corrective. And I was
+very much astonished when that proposition was met by gentlemen
+in the Senate who constitute what, for brevity's sake, I
+may denominate a Senatorial Ring, denouncing me as unfaithful
+to the Republican party and as throwing dirt upon it
+by offering a resolution to inquire into the conduct of public
+officers."</p>
+
+<p>The public indignation aroused by this forced the Senatorial<span class="pagenum"><a id="Page_396">[396]</a></span>
+Ring to action. "A party caucus of Republican Senators was
+called, and a scheme devised to change the character of the
+resolution, and to organize and pack the committee, which,
+instead of going forth to uncover and expose corruption, should
+go forth to conceal and cover it up. The proposition for the
+joint committee of the two houses, with power to send for persons
+and papers, was voted down, and in its place a resolution
+was passed creating a committee of the Senate alone. The
+members of the committee were selected in a party caucus, and
+not a single Republican Senator who had originally favored the
+investigation was placed upon the committee. This was contrary
+to parliamentary law, and contrary to the plainest principles
+of common sense, if the object was to discover abuses,
+and contrary to that ordinary rule which says that a child must
+not be put to a nurse who cares not for it. This investigation
+was placed in the hands of the parties to be investigated...."
+Even this committee, going to New York, could not, however,
+shut their eyes to the enormous abuses there. But they did
+give public notice that any merchants who had paid bribe
+money to customs officials would be prosecuted to the extent of
+the law, thereby securing the non-appearance of any such merchant
+as a witness. They acted as if sent to investigate merchants,
+not officials.... And the Senate Ring would allow no
+measure to be considered tending to rectify these abuses, wanting
+to keep the spoils to carry next fall's elections. A bill from
+the House was referred to the Judiciary committee, which had
+a majority of Ring members,&mdash;a bill to inaugurate reforms
+and to protect merchants from plunder. Although it was before
+the committee two months it was never reported to the Senate.
+"I made two motions in the Senate to have the committee discharged
+and to bring the bill before the Senate, that it might
+receive its attention, but they were voted down under party
+drill."</p>
+
+<p>"Let me tell you of another committee of investigation,
+raised in the House of Representatives, and packed also by an
+obsequious and partisan Speaker,&mdash;a committee, a majority
+of which consisted of the friends of the Secretary of the Navy
+whose conduct was about to be investigated. I want to tell you
+what that committee did, and I think you will be astonished
+when I state the fact that a committee of members of the House<span class="pagenum"><a id="Page_397">[397]</a></span>
+of Representatives could have been found, who were so blinded
+by party zeal, so full of bigotry or cowardice that they could
+not see, or were afraid to expose, violations of the law on the
+part of political associates. This committee was raised on the
+motion of Governor Blair, of Michigan, a high-minded, independent,
+and able Republican.... At his [Blair's] instance, a
+committee was raised to inquire into certain transactions in the
+Navy Department, presided over by Secretary Robeson....
+Among many of the things that the committee was instructed
+to inquire into ... was a claim for building certain vessels for
+the Government of the United States during the war. I have
+the precise figures here, giving the exact amounts which the
+Government contracted to pay for the construction of the
+three vessels, Tecumseh, Mahopac, and Manhattan. The contract
+was made in 1862, and the Government agreed to pay
+a contractor of the name of Secor $1,380,000 for the construction
+of these three vessels. After the contract was made, the
+Government desired some changes in the plans of the vessels,
+and a board of naval officers was appointed to superintend
+them and to certify bills for extra work, which they did to
+the amount of more than $500,000. The vessels were furnished,
+the contract price paid&mdash;the sum due for the extra work was
+paid, and it was all settled and closed in the Navy Department
+in 1865. But these contractors, who had received more than
+$1,900,000 for building the vessels and the extra work, came to
+Congress by petition, and complained that they still had not received
+as much as they ought, because they said that they were
+delayed in their contracts by the action of the Government;
+that while thus delayed the price of labor and of materials
+advanced, and they had met with great loss, and they, therefore,
+asked Congress to allow them something more. Congress,
+in 1867, passed a law directing the Secretary of the Navy to
+look into this matter and report to the next session. The Secretary
+appointed a board of Naval officers, who made the investigation,
+and reported to Congress that these Secors ought to
+be allowed $115,000 more (I use round numbers)&mdash;$115,000
+in addition to what they had already received, and put into the
+law these words, 'which shall be in full discharge of all claims
+against the United States on account of the vessels upon which
+the Board made the allowance as per this report.' Now, do<span class="pagenum"><a id="Page_398">[398]</a></span>
+any of you, does any lawyer, ... know how to write a stronger
+clause than that to end this claim? If you do, I do not....
+The Secors, in 1868, received the $115,000 and gave their
+receipt.... Would you believe it possible that the Secretary
+of the Navy would, after that, pay anything more?... Mr.
+Robeson, in 1870, ... on his own motion, without any act of
+Congress authorizing it, proceeds to reinvestigate this claim,
+and without coming to Congress at all pays over to these gentlemen
+$93,000 more. Well, that is not the worst of it. He
+might just as well have paid them $93,000,000. The Congress
+of the United States never appropriated any money to pay
+this $93,000, but the Secretary of the Navy took the money
+appropriated for other purposes and other years and paid it
+out of that. This is bad enough.... But when this packed
+committee came to examine this transaction, a majority of its
+members reported that the transactions only involved a mere
+difference of opinion as to the construction of the law, and, in
+their opinion, the Secretary had construed it rightly. And Mr.
+Robeson, instead of being rebuked, is commended by the committee,
+and is continued in office. It is due to the chairman of
+the committee&mdash;Governor Blair, of Michigan, and one of his
+associates&mdash;the committee consisted of five members&mdash;to
+say that they dissented from the majority report, and held that
+the transaction was not only without authority of law, but in
+direct violation of it....</p>
+
+<p>"I was never a party man to the extent of being willing to
+serve the party against my country and if, to-day, I am acting
+with the Liberal Republican party, if I have denounced these
+transactions at the hazard of being myself denounced, it was
+done in good faith on my part, for the purpose of correcting
+abuses, and appealing from a party tyranny established by a
+Senatorial Ring to the honest, intelligent, upright citizens of
+the country, who are bound by no such shackles as will compel
+them to cover up fraud and iniquity in any party...."</p>
+
+<p>He mentioned the encroachments of the Federal Government,
+as in the attempt to destroy the privilege of the writ of
+<i>habeas corpus</i> in the last session of Congress, as a bill virtually
+placing the elections of the Southern States under the direction
+of the President. If the people have become so far indifferent
+to their rights as to permit the President to suspend the writ<span class="pagenum"><a id="Page_399">[399]</a></span>
+of <i>habeas corpus</i> at will, and to control and supervise their elections,
+their liberties are gone, and "they have only to wait until
+a man sufficiently ambitious reaches the Presidency, for him to
+grasp and maintain absolute powers."</p></blockquote>
+
+<p>The speech was two hours long, and concluded with
+this tribute to Greeley:</p>
+
+<blockquote><p>... Mr. Greeley [he said] is a man of the highest character
+and intelligence. No man in the land is better acquainted with
+the public men of the country than he. He is a man of purity
+of character, of strict honesty, who would not look upon
+corruption and official delinquency with the least degree of
+allowance. You may rely upon that and upon his bringing
+about him the ablest men of the land to form a strong and able
+Administration, because he knows who the able men are, and
+could have no other motive than to make his Administration a
+success, as he will not seek a re&euml;lection. I am not in the habit
+of saying much about individuals, but I think I may say to you
+that you may trust Horace Greeley for an honest administration
+of the Government, and that is what the people of the
+country want. You may trust him above almost all other men
+in this land for bringing about that state of good feeling between
+the North and the South, so essential to the peace and prosperity
+of the nation.</p></blockquote>
+
+<p>The campaign started with considerable &eacute;clat among
+the ranks of Greeley's supporters and corresponding
+depression on the other side. Carl Schurz, who took the
+laboring oar, at first with reluctance bordering on gloom,
+gathered confidence as he progressed in his stumping tour.
+Enthusiasm for the old white hat seemed to be no figment
+of imagination, but a living reality. All eyes were
+fixed upon North Carolina which had an election for
+state officers on the 1st of August, and which the Liberals
+expected to win. The early returns seemed to justify
+their confidence, but there was a change when the western
+mountain districts were heard from. The supporters of<span class="pagenum"><a id="Page_400">[400]</a></span>
+Grant carried the state by about 2000 majority. This
+wound was not so deep as a well nor so wide as a church
+door, but it answered one purpose. It ended the "old
+white hat" enthusiasm and turned attention to the more
+sober and solid aspects of the campaign. That Greeley
+was an unbalanced character, that he was lacking in
+steadiness, in mental equipoise and ability to look at
+both sides of any question where his feelings were strongly
+enlisted, it was easy to show by many examples in his
+brilliant career. His occasional controversies with Lincoln
+during the war, in which he was invariably worsted,
+were now reproduced with effect by the orators on the
+Grant side, and the old white hat and coat and the
+Flintwinch neck-tie were savagely pictured by Tom
+Nast in <i>Harper's Weekly</i>. There were satirical persons
+who said that Greeley took as much pains to make himself
+a harlequin as another might take to make himself
+a dandy.</p>
+
+<p>The attacks were not without effect upon people who
+had never seen Greeley face to face. To his immediate
+friends in New York it seemed necessary that he should
+show himself to the public so that people might know he
+was a man of solid parts, of statesmanlike proportions
+and brain power. He was persuaded to make a series
+of speeches in Indiana, Ohio, and Pennsylvania in the
+month of September, as those states were likely to have a
+decisive influence on the country in their local elections,
+which took place in October. Accordingly he took the
+stump, beginning at Jeffersonville, Indiana, and moving
+eastward. His speeches surprised both friends and enemies
+by their high tone, argumentative force, good temper,
+and versatility and vigor of expression. The main point
+which he sought to enforce was the need of restored peace
+and brotherhood in all the land. No pleading could be<span class="pagenum"><a id="Page_401">[401]</a></span>
+more persuasive or more touching. No doubt can exist of
+the sincerity with which it was uttered.</p>
+
+<p>It was somewhat droll that in the last speech of the
+series he was confronted by a speaker on the Grant side
+at Easton, Pennsylvania, September 28, who predicted
+that if Greeley were elected all the furnace fires in the
+Lehigh Valley would be put out and their working-people
+thrown upon the almshouses. This to the stoutest champion
+of the protective tariff then living! He was not,
+however, struck dumb by the prospect of the early
+impoverishment of the iron workers. He said:</p>
+
+<blockquote><p>A recent speaker of the opposition has asserted that if I were
+made President all the furnace fires in the Lehigh Valley would
+presently be put out. This seems incredible. All men know I
+am a protectionist; but that I would not veto any bill fairly
+passed by the Congress of the United States modifying or
+changing the tariff is certainly true. I do not believe in government
+by selfish rings, but I believe just as little in government
+by the one-man power. I don't believe in government by
+vetoes. The veto power of the President is not given him to
+enable him to reject every bill for which he would have refused
+to vote if a member of Congress, but only to be employed in
+certain great emergencies where corruption or recklessness has
+passed a measure through Congress which would not stand
+the test of inquiry. I tell you, friends, I believe in legislation
+by Congress, not by Presidents, and I should myself approve
+and sign a bill which had a fair majority in Congress, although
+in my judgment it was not accordant with public policy&mdash;with
+the wisest policy.</p></blockquote>
+
+<p>Although Greeley's stumping tour raised him in the
+public estimation, it is doubtful if it gained him any votes.
+It was now too late. People's minds were made up and
+nothing could change them, not even the Cr&eacute;dit-Mobilier
+scandal. General Grant was not concerned in this scandal,
+but a number of his most distinguished supporters,
+the very pillars of the Republican party, beginning with<span class="pagenum"><a id="Page_402">[402]</a></span>
+Vice-President Colfax, were named as guilty of taking
+bribes to influence their votes in Congress for the Union
+Pacific Railroad. This accusation was not made public
+until September, and then by accident. Most of the persons
+accused made denial, and since no investigation
+could be had until the next session of Congress (a month
+later than the election), nobody was bound to give credence
+to an unproved charge. The general answer of the
+supporters of Grant was that they would not withhold
+their votes from him even if the charge were true. Nor
+could they be blamed for so saying. If the persons
+accused were really guilty, they would be punished in due
+time, or at all events exposed, and exposure would itself
+be punishment. It is needless to go into the details of the
+Cr&eacute;dit-Mobilier scandal here. It was investigated by an
+able and impartial committee of the House, and all the
+guilty ones were visited with such punishment as Congress
+could legally inflict.</p>
+
+<p>Of the three October states, Pennsylvania and Ohio
+gave large Republican majorities and Indiana a small
+majority for Hendricks (Democrat) for governor. This
+was decisive of the general result in November. Greeley
+and Brown were overwhelmingly defeated. The only
+states that gave them majorities were Georgia, Kentucky,
+Maryland, Missouri, Tennessee, and Texas, having altogether
+66 electoral votes. The others gave Grant and
+Wilson a total of 272 electoral votes. The state of New
+York, which Greeley, in his letter to Schurz, had claimed
+by 50,000, gave 53,000 majority against him.</p>
+
+<p>I have always held the opinion that either Adams or
+Trumbull could have been elected if nominated at Cincinnati.
+I think also that Adams was the stronger of the
+two, because he had incurred no personal ill-will during
+the twelve years of war and Reconstruction and because<span class="pagenum"><a id="Page_403">[403]</a></span>
+the minds of the Democratic leaders who had encouraged
+the Liberal movement were eagerly expecting him. There
+would have been no bolting movement in that quarter.
+The Germans also were enthusiastic for Adams, and
+although they would have supported Trumbull willingly,
+there would have been perhaps a trifle less of cordiality
+for him. Neither of the two was gifted with personal
+"magnetism," but either of them had as much of that
+quality as Grant had, or as the public then desired. The
+voters were not then in search of the sympathetic virtues.
+There was a yearning for some cold-blooded, masterful
+man to go through the temple of freedom with a scourge
+of small cords driving out the grafters and money-changers.
+Adams was qualified for this r&ocirc;le. He was
+also the man of whom the Republican leaders had the
+gravest fears as an opposing candidate.</p>
+
+<p>The campaign and its result killed poor Greeley. The
+election took place on the 5th of November. On the 10th
+he wrote a letter of two lines marked "private forever"
+to Carl Schurz, saying:</p>
+
+<blockquote><p>I wish I could say with what an agony of emotion I subscribe
+myself, gratefully yours, Horace Greeley.</p></blockquote>
+
+<p>He then took to his bed and his friends became alarmed.
+Frequent bulletins were published in the <i>Tribune</i> showing
+that he was a victim of insomnia, from which, the
+paper said, he had been a sufferer, more or less, at former
+periods of his life. He died on the 29th. His wife had
+died one month earlier, October 30. History says that he
+died of a broken heart.<a id="FNanchor_129_129"></a><a href="#Footnote_129_129" class="fnanchor">[129]</a></p>
+<p><span class="pagenum"><a id="Page_404">[404]</a></span></p>
+<p>That Greeley had been eager for public office from an
+early period was shown by his famous letter withdrawing
+himself as junior partner from the firm of Seward, Weed,
+and Greeley. When the Cincinnati nomination came to
+him his fondest dreams seemed to be on the eve of fulfillment.
+Now all such dreams had vanished, a political
+party of noble aspirations had foundered on him as the
+hidden rock, his self-esteem had received an annihilating
+blow, and his beloved <i>Tribune</i>, the labor of his lifetime,
+was supposed to be ruined pecuniarily. Whatever his
+faults may have been, he received his punishment for
+them in this world. He was only sixty-two years of age,
+of sound constitution and good habits, and had never
+used liquor or tobacco. He ought to, and probably
+would, have lived twenty years longer if he had put away
+ambition and contented himself with the repute and
+influence he had fairly earned. He was the most influential
+editor of his time and country, but as a political
+writer E. L. Godkin was his superior, and in fact Godkin,
+in the columns of the <i>Nation</i>, contributed more than
+any other writer, perhaps more than any other person,
+to his overthrow.</p>
+
+<hr class="tb" />
+
+<p>The state election of Louisiana in 1872 had resulted in
+a disputed return for governor and legislature. One set of
+returns showed a majority for John McEnery, the conservative
+candidate. Another set showed a majority for
+William P. Kellogg, Republican. The sitting governor,
+Warmoth, controlled the returning board and he favored
+McEnery. A former returning board headed by one
+Lynch had been dissolved by an act of the legislature. To
+this defunct board the supporters of Kellogg appealed.
+The Lynch Board, without any actual returns before
+them, declared Kellogg elected. They then procured an order<span class="pagenum"><a id="Page_405">[405]</a></span>
+from Judge Durell, of the United States Circuit Court
+at New Orleans, to the United States Marshal, Packard,
+who had a small military force at his command, to seize
+the State House. This was done and the act was approved
+by President Grant. An appeal to him from the better
+class of citizens of New Orleans was rejected. The excitement
+in Congress growing out of this usurpation was
+intense, even among Republicans. The Senate Committee
+on Privileges and Elections was ordered to make an investigation,
+which it did, and it reported, through Senator
+Carpenter on the 20th of February, that the action of
+Judge Durell was illegal and that all steps taken in pursuance
+of it were void. It recommended a new election
+and reported a bill for holding it; but Senator Morton,
+who made a minority report, prevented it from coming
+to a vote. Trumbull, who was also a member of the
+committee, made a report more drastic than that of Carpenter
+and supported his own view by a speech delivered
+on the 15th of February.</p>
+
+<blockquote><p>Here you have [he said] an order sent from the city of Washington
+on the 3d day of December, which was before Judge
+Durell issued his order to seize the State House and organize
+a legislature, and directing that nobody should take part in the
+organization except such persons as were returned as members
+by what was known as the Lynch Board, a board which the
+committee, in their report drawn by the Senator from Wisconsin,
+say had been abolished by an act of the legislature, and
+had not a single official return before it. It undertook to canvass
+returns without having any returns to canvass. On forged
+affidavits, hearsay, and newspaper reports and verbal statements,
+the Lynch Returning Board, consisting of four men,
+without legal existence as a returning board, got together and
+without one official return, or other legitimate evidence before
+them, undertook to say who should constitute the Legislature
+of Louisiana.<a id="FNanchor_130_130"></a><a href="#Footnote_130_130" class="fnanchor">[130]</a></p></blockquote>
+<p><span class="pagenum"><a id="Page_406">[406]</a></span></p>
+<p>This was Trumbull's last speech in the Senate and was
+one of his best, but other influences prevailed with Grant.<a id="FNanchor_131_131"></a><a href="#Footnote_131_131" class="fnanchor">[131]</a></p>
+
+<p>Thus Kellogg and his crew became the masters of
+Louisiana, and four years later became the deciding factor
+in the Hayes-Tilden presidential contest.</p>
+
+<p><span class="pagenum"><a id="Page_407">[407]</a></span></p><div class="footnotes"><h3>FOOTNOTES:</h3>
+
+<div class="footnote"><p><a id="Footnote_128_128"></a><a href="#FNanchor_128_128"><span class="label">[128]</span></a> This fact was given to me by General Dodge, in writing.</p></div>
+
+<div class="footnote"><p><a id="Footnote_129_129"></a><a href="#FNanchor_129_129"><span class="label">[129]</span></a> John Bigelow's Diary, under date Nov. 28, 1872, contains the following
+entry:
+</p><p>
+"Greeley is now in a madhouse, and before morning will probably be
+dead&mdash;so Swinton tells me to-day; and Reid, whom I saw to-day, confirms
+these apprehensions." <i>Retrospections of an Active Life</i>, v, 91.</p></div>
+
+<div class="footnote"><p><a id="Footnote_130_130"></a><a href="#FNanchor_130_130"><span class="label">[130]</span></a> <i>Cong. Globe</i>, 1873, p. 1744.</p></div>
+
+<div class="footnote"><p><a id="Footnote_131_131"></a><a href="#FNanchor_131_131"><span class="label">[131]</span></a> Rhodes thinks that the influence which prevailed with Grant in this instance
+was that of Morton. (<i>History of the United States</i>, <span class="smcap">vii</span>, 111.)</p></div>
+</div>
+
+<hr class="chap" />
+
+<h2 id="CHAPTER_XXVII">CHAPTER XXVII</h2>
+
+<p class="h3">LATER YEARS</p>
+
+<p>The defeat of the Liberal Republicans terminated
+Trumbull's official career. His senatorial term expired
+on the 3d of March, 1873. The regular Republicans carried
+the legislature of Illinois, and Richard J. Oglesby was
+elected Senator in his stead. He was now sixty years of
+age and he resumed the practice of his profession in the
+city of Chicago, which had been his place of residence
+during the greater part of his senatorial service. His law
+firm at the beginning was Trumbull, Church &amp; Trumbull,
+the second member being Mr. Firman Church and the
+third Mr. Perry Trumbull, a son of the ex-Senator. Mr.
+William J. Bryan soon afterward became a student in
+the office. Various changes took place in the Trumbull
+law firm. Mr. Church removed to California, and his
+place was taken by Mr. Henry S. Robbins, and the firm
+became Trumbull, Robbins, Willetts &amp; Trumbull. Mr.
+Hempstead Washburne, son of Hon. Elihu B. Washburne,
+became a member of the firm later. Trumbull's reputation,
+talents, and experience soon gave him a place in the
+front rank of his profession, which he maintained till the
+end of his long life. I shall not attempt to follow the
+details of his career at the bar except as they touch upon
+public questions. The first affair of this kind was the
+Hayes-Tilden disputed election of 1876.</p>
+
+<p>The second Grant Administration was more lamentable
+than the first in respect of military rule, turbulence,
+and bloodshed in the South and corruption in the civil
+service in the North. These evils became so glaring and<span class="pagenum"><a id="Page_408">[408]</a></span>
+intolerable that the Republican party suffered a disastrous
+defeat in the congressional elections of 1874, and
+failed to secure a majority of the popular vote in the
+presidential election of 1876. The opposing candidates
+in this contest were Hayes (Republican) and Tilden
+(Democrat). One hundred and eighty-five electoral
+votes were necessary to a choice. The undisputed returns
+gave Tilden 184 and Hayes 166. Those of Florida, Louisiana,
+and South Carolina were in dispute. It was necessary
+that Hayes should have all of them in order to be the
+next President. All of these states were under military
+control, and the returning boards who had the power of
+canvassing the votes, and the governors who had the
+power of certifying the result to Congress, were Republicans.</p>
+
+<p>The excitement in the country when this condition
+became known was extreme. No confidence was placed
+in the character of the Southern returning boards. That
+of Louisiana consisted of three knaves and one fool,<a id="FNanchor_132_132"></a><a href="#Footnote_132_132" class="fnanchor">[132]</a> and
+the governor of the state was W. P. Kellogg, who had
+acquired the office by the acts of usurpation described in
+the preceding chapter. It was seen at once that unless
+some respectable tribunal could be devised to decide
+between the conflicting claims the country might drift
+into a new civil war. The first thing to be done was to
+endeavor to secure a fair count of the ballots cast in the
+disputed states. To this end a certain number of "visiting
+statesmen" were chosen by the heads of their respective
+political parties to go to the scene of the contest and
+watch all the steps taken by the canvassers of the votes.
+President Grant appointed those of the Republican party
+and Abram S. Hewitt, chairman of the National Democratic
+Committee, appointed the others. Trumbull had
+<span class="pagenum"><a id="Page_409">[409]</a></span>voted for Tilden in the election, and he was chosen by
+Hewitt as one of ten visiting statesmen for Louisiana.
+Senator Sherman, of Ohio, was one of the Republican
+visitors. Congress passed a law on the 29th of January,
+1877, to create an Electoral Commission, consisting of
+five Senators, five Representatives, and five judges of the
+Supreme Court, to take all the evidence in regard to the
+disputed elections and to render a decision thereon by a
+majority vote of the fifteen members. Four of the five
+judges of the Supreme Court were named in the act of
+Congress. They were Miller and Swayne, Republicans,
+and Clifford and Field, Democrats, and the act provided
+that these four should choose the fifth. It was the general
+expectation that they would choose David Davis as
+the fifth member, as he was commonly classed as an Independent,
+since he had been a candidate in the Cincinnati
+Convention, which nominated Greeley. But, on the very
+day when the Electoral Commission Bill passed, Davis
+was elected by the legislature of Illinois as Senator of the
+United States, to succeed Logan whose term was expiring.
+Davis accepted the senatorship and declined to serve as
+the fifth judge. Thereupon Bradley was chosen in his
+stead.</p>
+
+<p>Trumbull was chosen as one of the counsel on the Tilden
+side to argue the Louisiana case. On the 14th of February
+he appeared before the Commission and offered
+to show that the votes certified by the commissioners of
+election in the voting precincts of Louisiana to the supervisors
+of registration, who were the officers legally appointed
+to receive the same, showed a majority varying
+from six to nine thousand for the Tilden electors; that
+the returning board did not receive from any poll, voting
+place, or parish, and did not have before them, any
+statement, as required by law, of any riot, tumult, act of<span class="pagenum"><a id="Page_410">[410]</a></span>
+violence, intimidation, armed disturbance, bribery, or
+corrupt influence tending to prevent a free, fair, peaceable
+vote; that the supervisors of registration, without any
+such statements of violence or intimidation, omitted to
+include in the returns of election, or to make any mention
+of the same, votes amounting to a majority of 2267
+against W. P. Kellogg, one of the Hayes electors; that
+the votes cast on the 7th of November, 1876, had never
+been compiled or canvassed; that the votes had never
+been opened by the governor in the presence of the other
+state officers required by law to be present, nor in the
+presence of any of them; that the law of Louisiana
+required that both political parties should be represented
+on the returning board, but that all the members, four in
+number, were Republicans, and that although there was
+one vacancy on the board they refused to fill it by choosing
+anybody; that the returning board employed as clerks
+and assistants four persons, whose names were given, all
+of whom were then under indictment for crime, to whom
+was committed the task of compiling and canvassing the
+returns, and that none but Republicans were to be present;
+and that all the decisions of the returning board
+were made in secret session.</p>
+
+<blockquote><p>Not to detain you [said Trumbull] as to this Government in
+Louisiana, I will only say that it is not a republican government,
+for it is a matter that I think this Commission should take official
+knowledge of, that the pretended officers in the state of
+Louisiana are upheld by military power alone. They could not
+maintain themselves an hour but for military support. Is that
+government republican which rests upon military power for
+support? A republican government is a government of the people,
+for the people, and by the people: but the Government in
+Louisiana has been nothing but a military despotism for the last
+four years, and it could not stand a day if the people were not
+overborne by military power.</p></blockquote><p><span class="pagenum"><a id="Page_411">[411]</a></span></p>
+
+<p>His speech was about two hours long, and he was followed
+by Carpenter and Campbell on the same side. The
+leading argument on the Hayes side was made by Mr. E.
+W. Stoughton, of New York, who contended that neither
+the Commission nor Congress itself could go behind the
+official returns certified by the governor of the state of
+Louisiana, and that the recognition of Kellogg as governor
+by the President of the United States was conclusive
+evidence of the fact that he was the person empowered
+to act in that capacity.</p>
+
+<p>By a vote of eight to seven the Commission decided in
+favor of Stoughton's contention, and the same rule was
+applied to all the other disputed returns, and by this ruling
+the presidential office was awarded to Rutherford B. Hayes.</p>
+
+<p>Under the circumstances then existing, and with the
+characters then holding office in Louisiana, it is obvious
+that the latter had power to throw out an unlimited number
+of Tilden votes if necessary to make a majority for
+Hayes. It is not obvious that the supporters of Tilden
+had power to intimidate an unlimited number of negroes;
+the number of the latter was slightly less than the number
+of whites in the State, and it was known that some of the
+negroes had joined the conservative party. Moreover,
+the Kellogg government was shamefully illegal, even as
+measured by the standards then enforced upon the South.
+It is fair to presume, therefore, that Tilden was justly
+entitled to the electoral votes of Louisiana. That is my
+belief although I voted for Hayes.</p>
+
+<p>It does not follow, however, that the decision of the
+Electoral Commission was wrong. That body was bound
+to consider the remote as well as the immediate consequences
+of its acts. It was engaged in making a precedent
+to be followed in similar disputes thereafter, if such
+should arise. If Congress, or any commission acting by<span class="pagenum"><a id="Page_412">[412]</a></span>
+its authority, should assume the functions of a returning
+board for all the states in future presidential elections,
+what limit could be set to their investigations, or to the
+passions agitating the country while the same were in progress?
+In short, the Electoral Commission was sitting
+not to do justice between man and man, but to save the
+Republic. Even if it made a mistake in the exercise of
+its discretion, the mistake was pardonable.</p>
+
+<hr class="tb" />
+
+<p>On the 3d of November, 1877, the subject of this
+memoir was married to Miss Mary Ingraham, of Saybrook
+Point, Connecticut. The lady's mother was his
+first cousin. Two daughters were born of this union, both
+of whom died in infancy.</p>
+
+<hr class="tb" />
+
+<p>In 1880, when the next presidential campaign, that of
+Garfield and Hancock, opened, the Democrats of Illinois
+nominated Trumbull for governor of the State, without
+his own solicitation or desire. He was now sixty-seven
+years of age, with powers of body and mind unimpaired.
+In accepting the nomination he gave a brief account of
+his political life extending over a period of nearly forty
+years. He acknowledged that he had made mistakes,
+but said he had never given a vote or performed an act in
+his official capacity which he did not at the time believe
+was for his country's good. He made a vigorous campaign,
+but the traces left of it in the newspapers contain
+nothing that need be recalled now. The Republican
+majority in the state was between thirty and forty thousand.
+The Republicans nominated Shelby M. Cullom
+for Governor and he was elected.</p>
+
+<hr class="tb" />
+
+<p>The World's Columbian Exposition took place at Chicago
+in the year 1893. During one of my visits to it I had
+the pleasure of dining with Mr. and Mrs. Trumbull at
+their home on Lake Avenue. The only other guest was
+William J. Bryan, whom I had not met before. The leading
+issue in politics then was the free coinage of silver at
+the ratio of sixteen to one. Mr. Bryan was an enthusiastic
+free-silver man and a firm believer in the early triumph
+of that doctrine. Trumbull was inclined to the same
+belief, although less confident of its success. We had an
+animated but friendly discussion of that question. President
+Cleveland had just called a special session of Congress
+to repeal the Silver Purchasing Act then in force,
+which was not a free-coinage law. I ventured to predict
+to my table companions that the purchasing law would
+be repealed and that no free-coinage law would be enacted
+in place of it, either then or later. None of us imagined
+that three years from that time Mr. Bryan himself would
+be the nominee of the Democratic party for President of
+the United States, on that issue. Trumbull's geniality
+and cordiality at this meeting were a joy to his guests.
+Our conversation, ranging over a period of nearly forty
+years, filled two delightful hours. He was then eighty
+years of age, but in vigor of mind and body I did not
+notice any change in him. We parted, not knowing that
+we should not meet again.</p>
+
+<p><a id="Page_413"></a></p>
+
+<div class="figcenter">
+<img src="images/453-gray.jpg" width="400" height="501" alt="" />
+</div>
+
+<p class="caption"><i><span class="smcap">Aet.</span> 80</i></p>
+
+<p>Trumbull's next appearance on the public stage was in
+the case of Eugene V. Debs, who is still with us as a perpetual
+candidate of the Socialistic party for President.
+In 1894 he was president of an organization of railway
+employees known as the American Railway Union. In
+the month of May a dispute arose between the Pullman
+Palace Car Company and its employees in reference to
+the rate of wages, which resulted in a strike. Debs and
+his fellow officers of the Railway Union, for the purpose
+of compelling the Pullman Company to yield to the
+<span class="pagenum"><a id="Page_414">[414]</a></span>
+demands of their employees, issued an order to the railway
+companies that they should cease hauling Pullman
+cars, and, if they should not so cease, that the trainmen,
+switchmen, and others working on the railways aforesaid
+should strike also. As a consequence of this order twenty-two
+railroads were "tied up." All passengers trains
+composed in part of Pullman cars were brought to a
+standstill. Riots broke out in the streets of Chicago. An
+injunction was issued against Debs by Judge Woods, of
+the United States Circuit Court. Governor Altgelt, of
+Illinois, was called upon to restore order in the city, but
+before he did so President Cleveland, having been officially
+informed that the movement of the mails was
+obstructed by violence in the streets of Chicago, ordered
+a small body of troops to that city to break the blockade.
+This they accomplished without delay and without bloodshed.
+In the mean time Debs and his associates were put
+under arrest for violating the injunction of the court.
+Debs employed Mr. Clarence Darrow as his attorney,
+and Darrow applied for a writ of <i>habeas corpus</i>, which
+was refused. Darrow appealed to the Supreme Court of
+the United States and engaged Lyman Trumbull and S.
+S. Gregory as associate counsel. The appeal was argued
+by Trumbull at the October Term in Washington City.
+Trumbull had volunteered his service and refused a fee,
+accepting only his traveling expenses. The court rejected
+the petition for a writ of <i>habeas corpus</i> and affirmed the
+jurisdiction of the circuit court.</p>
+
+<p>Both President Cleveland and the court were sustained
+by public opinion in this disposition of Debs. On the 6th
+of October, a large meeting was held at Central Music
+Hall in Chicago to consider the recent exciting events.
+It was addressed by Trumbull and Henry D. Lloyd.
+Trumbull's speech was published in the newspapers and<span class="pagenum"><a id="Page_415">[415]</a></span>
+in pamphlet form as a Populist campaign document. It
+was extremely effective from the Populist point of view,
+and was not, on the whole, more radical than the so-called
+Progressive platform of the present day. While
+expressing decided opinions on the subject of "judicial
+usurpation" (referring to the Debs case without mentioning
+it), he exhorted his hearers to seek a remedy by
+the action of Congress. "It is to be hoped," he said,
+"that Congress when it meets will put some check upon
+federal judges in assuming control of railroads and issuing
+blanket injunctions and punishing people for contempt
+of their assumed authority. If Congress does not do it, I
+trust the people will see to it that representatives are
+chosen hereafter who will." The recall of judges, as a
+remedy for unpopular decisions, had not yet been discovered.</p>
+
+<p>The testimony of persons who were present at this meeting
+is that Trumbull showed no abatement of his powers
+as a speaker, and that the audience "went wild with
+enthusiasm."</p>
+
+<p>In the month of December following, the leaders of
+the People's party in Chicago, ten in number, requested
+Trumbull to prepare a declaration of principles to be
+presented by them for consideration at a national conference
+of their party to meet at St. Louis on the 28th. This
+paper was drawn up and delivered to them in his own
+handwriting a few days before the meeting and was published
+in the <i>Chicago Times</i> of December 27, in the following
+words:</p>
+
+<blockquote><p>1. Resolved, That human brotherhood and equality of rights
+are cardinal principles of true democracy.</p>
+
+<p>2. Resolved, That, forgetting all past political differences,
+we unite in the common purpose to rescue the Government
+from the control of monopolists and concentrated wealth, to<span class="pagenum"><a id="Page_416">[416]</a></span>
+limit their powers of perpetuation by curtailing their privileges,
+and to secure the rights of free speech, a free press, free labor,
+and trial by jury&mdash;all rules, regulations, and judicial dicta in
+derogation of either of which are arbitrary, unconstitutional,
+and not to be tolerated by a free people.</p>
+
+<p>3. We endorse the resolution adopted by the National
+Republican Convention of 1860, which was incorporated by
+President Lincoln in his inaugural address, as follows: "That
+the maintenance inviolate of the rights of the states, and especially
+of the right of each state to order and control its own
+domestic institutions according to its own judgment exclusively,
+is essential to that balance of power on which the endurance
+of our political fabric depends, and we denounce the lawless
+invasion by armed force of the soil of any state or territory, no
+matter under what pretext, as among the gravest of crimes."</p>
+
+<p>4. Resolved, That the power given Congress by the Constitution
+to provide for calling forth the militia to execute the
+laws of the Union, to suppress insurrections, to repel invasions,
+does not warrant the Government in making use of a standing
+army in aiding monopolies in the oppression of their employees.
+When freemen unsheathe the sword it should be to strike for
+liberty, not for despotism, or to uphold privileged monopolies
+in the oppression of the poor.</p>
+
+<p>5. Resolved, That to check the rapid absorption of the
+wealth of the country and its perpetuation in a few hands we
+demand the enactment of laws limiting the amount of property
+to be acquired by devise or inheritance.</p>
+
+<p>6. Resolved, That we denounce the issue of interest-bearing
+bonds by the Government in times of peace, to be paid for, in
+part at least, by gold drawn from the Treasury, which results in
+the Government's paying interest on its own money.</p>
+
+<p>7. Resolved, That we demand that Congress perform the
+constitutional duty to coin money, regulate the value thereof
+and of foreign coin by the enactment of laws for the free coinage
+of silver with that of gold at the ratio of 16 to 1.</p>
+
+<p>8. Resolved, That monopolies affecting the public interest
+should be owned and operated by the Government in the interest
+of the people; all employees of the same to be governed by
+civil service rules, and no one to be employed or displaced on
+account of politics.</p>
+<p><span class="pagenum"><a id="Page_417">[417]</a></span></p>
+<p>9. Resolved, That we inscribe on our banner, "Down with
+monopolies and millionaire control! Up with the rights of man
+and the masses!" And under this banner we march to the
+polls and to victory.</p></blockquote>
+
+<p>These resolutions were conveyed to the St. Louis meeting
+by Henry D. Lloyd and F. J. Schulte and were
+adopted by the conference without alteration.</p><p><span class="pagenum"><a id="Page_418">[418]</a></span></p>
+
+<div class="footnotes"><h3>FOOTNOTES:</h3>
+
+<div class="footnote"><p><a id="Footnote_132_132"></a><a href="#FNanchor_132_132"><span class="label">[132]</span></a> Rhodes, <i>History of the United States</i>, VII, 231.</p></div>
+</div>
+
+<hr class="chap" />
+
+<h2 id="CHAPTER_XXVIII">CHAPTER XXVIII</h2>
+
+<p class="h3">CONCLUSION</p>
+
+<p>On the 22d of March, 1896, Trumbull made an argument
+before the Supreme Court at Washington City. On
+the 11th of April, although ailing from an unknown
+malady, he went to Belleville to attend the funeral of his
+old and faithful friend, Gustave Koerner, and to make a
+brief address over the remains. This journey was made
+against the advice of his physician. At the conclusion of
+his remarks he became ill at his hotel in Belleville. There
+was a consultation of physicians, who reached the conclusion
+that he would be able to go home if he should go at
+once. He decided not to delay, and he reached home on
+the morning of April 13. Here another consultation of
+physicians took place at which a surgical operation was
+decided upon. This led to the discovery of an internal
+tumor which, in their judgment, could not be removed
+without causing immediate death. He lingered till the
+5th of June. Before his death he made a calm and careful
+adjustment of his business affairs and gave to his children
+and grandchildren keepsakes that he had for years
+preserved for them. He passed away at the age of eighty-two
+years, seven months, and twelve days. His funeral,
+which was largely attended, took place from his house,
+No. 4008 Lake Avenue, and his remains were interred in
+Oakwoods Cemetery.</p>
+
+<p>There was a meeting of the Bar Association of Chicago
+to prepare a memorial on his life and services. On this
+occasion Hon. Thomas A. Moran, former judge of the
+appellate court, said:</p><p><span class="pagenum"><a id="Page_419">[419]</a></span></p>
+
+<blockquote><p>At the end of his career in the United States Senate, Judge
+Trumbull became a member of the Chicago Bar. He was
+thereafter continuously, and up to the time of his death,
+engaged in the active and laborious practice of his profession.
+The great place that he had held in the councils of the nation,
+the influence that he had exerted upon national legislation,
+and the esteem in which he was held by the lawyers and the
+statesmen of the country, entitled him to a lofty mien; but as is
+well known to us all who had the privilege of his acquaintance
+at the bar, while his demeanor was grave it was also modest,
+and his manner was marked by a gentleness that was most
+grateful to everybody with whom he came in contact. His
+sincerity and honesty in the presentation of his case, his respectful
+demeanor to any court in which he was engaged in a legal
+contest, constituted him a model that the lawyers of our bar
+might well imitate. He was in practice at the bar forty-four
+years after he ceased to be a judge of the supreme court of this
+state.... He was pre&euml;minently the grand old man of this country.
+In his intercourse with his fellow citizens he was a quiet,
+sincere, frank, honest American gentleman. Lyman Trumbull
+was one of the very great men of the nation.</p></blockquote>
+
+<p>Eulogistic remarks were made also by Senator John M.
+Palmer, ex-Senator James R. Doolittle, and Judge Henry
+W. Blodgett. Mr. Doolittle said that of the sixty-six
+members of the United States Senate who were there
+when Secession began, only four were then living. They
+were Harlan, of Iowa, Rice, of Minnesota, Clingman, of
+North Carolina, and himself (Doolittle).</p>
+
+<p>Trumbull's forte was that of a political debater well
+grounded in the law. Here he stood in the very front
+rank, both as a Senator addressing his equals and as an
+orator on the hustings. He was always ready to discuss
+the questions which he was required to face. He had a
+logical mind, and the ability to think quickly and to choose
+the right words to express his ideas. He never wasted
+words in ornament or display. He never lost his balance
+when addressing the Senate, or a public audience. He<span class="pagenum"><a id="Page_420">[420]</a></span>
+had perfect self-possession. He never stood in awe of any
+other debater or hesitated to reply promptly to question
+or challenge. Nor did he ever lose his dignity in debate.
+Once he came near to calling Sumner a falsifier, when the
+latter had described him as recreant to the principles of
+human liberty; but he restrained himself in time to avoid
+an infraction of the rules of the Senate. And he afterwards
+came to the defense of Sumner when the latter was
+deposed, by his more subservient colleagues, from the
+chairmanship of the Committee on Foreign Relations.
+On this occasion Sumner came forward holding out both
+hands, and with tears in his eyes thanked him for his
+generosity.</p>
+
+<p>His rare forensic gifts would have been unavailing
+without confidence in the justice of his cause, and a clear
+conscience which shone in his face and pervaded him
+through and through. Although not endowed with oratorical
+graces he grasped the attention of his audience at
+once, and he never failed to convince his hearers that he
+had an eye single to the public good. It was hard for him
+to separate himself from the Republican party in 1871-72,
+but he considered it a duty that he owed to the country to
+expose the rottenness then pervading the national administration.
+He did not have General Grant in mind when
+he moved the investigation of custom-house frauds in
+New York. He did not aim at him directly or indirectly,
+but at the system which had grown up before his election.
+Grant's mental make-up was such that he considered any
+fault-finding with federal office-holders a reproach to
+himself, as the head of the Government, and accordingly
+braced himself against it; and this habit grew on him
+through the whole eight years of his presidency. Yet
+Trumbull uttered no reproach against him during the
+campaign of 1872, or later.</p><p><span class="pagenum"><a id="Page_421">[421]</a></span></p>
+
+<p>It was commonly said that Trumbull's nature was cold
+and unsympathetic. This was a mannerism merely. He
+did not carry his heart upon his sleeve for daws to peck
+at, but he was an affectionate husband and father and
+grandfather, most generous to his parents, brothers, and
+sisters, and one of the most unselfish men I ever knew.
+His poor constituents, who were often stranded in Washington,
+needing help to get home, seldom applied to
+him for assistance in vain, and this kind of drain was
+pretty severe during his whole senatorial service. He was
+fond of little children. He was often seen playing croquet
+with his own and others in Washington City. Mr.
+Morris St. P. Thomas, a member of the Chicago Bar who
+shared Trumbull's office during his later years, says that
+he never knew a warmer-hearted man than Trumbull.
+He was kindness and consideration itself to the people in
+his office. He was never cross or short, and every young
+man there always felt that he could go into the judge's
+room whenever he liked, and sit down and tell him his
+troubles. Once it devolved upon Mr. Thomas to engage
+a stenographer for the office. Of the several applicants
+the best was an unprepossessing, hump-backed girl. "I
+told the judge about her&mdash;that she was the ablest applicant,
+but very unprepossessing in appearance." "Why,"
+said he, at once, "that's the very reason to take her, poor
+girl!" And they kept her for years.<a id="FNanchor_133_133"></a><a href="#Footnote_133_133" class="fnanchor">[133]</a></p>
+
+<p>In short, he was a high-minded, kind-hearted, courteous
+gentleman, without ostentation and without guile.
+In business affairs he was punctual, accurate, and spotless.
+He never borrowed money, never bought anything
+that he could not pay cash for, never gave a promissory
+note in his life, not even in the purchase of real estate
+where deferred payments are customary. The best blood
+<span class="pagenum"><a id="Page_422">[422]</a></span>of New England coursed in his veins and he never dishonored
+it, in either private or public life.</p>
+
+<p>It is perhaps too early to assign to Trumbull his proper
+place in the roll of statesmen of the Civil War period.
+Those who come after us and can look back one hundred
+years, instead of fifty, will doubtless have a better perspective
+and a clearer vision than those who lived with the
+actors of that momentous struggle. Some things, however,
+we may be sure of. One is that the man who drew
+the Thirteenth Amendment of the Constitution, abolishing
+slavery in the United States and all places under the
+jurisdiction thereof, will never be forgotten as long as the
+love of liberty survives in this land. Not that the Thirteenth
+Amendment would not have been passed and
+incorporated in our system even if Lyman Trumbull had
+not been a Senator, or if he had never been born. It was
+a consequence of the taking-up of arms against the Union
+in 1861 that slavery should come to an end somehow. All
+that Lincoln did, all that Trumbull did, all that Congress
+did, was to seize the occasion to give direction to certain
+irresistible forces then called into existence for blessing or
+cursing mankind. There were different ways of bringing
+slavery to an end. That of constitutional amendment
+was the best of all because it removed the subject-matter
+from the field of dispute at once and forever. Lincoln
+paved the way for it. He prepared the public mind for
+it by his two proclamations of emancipation. Trumbull
+and Congress and the state legislatures did the rest.</p>
+
+<p>It may be fairly said that Trumbull took the lead in
+putting an end to arbitrary arrests in the loyal states
+where the courts of justice were open, and in prescribing
+the process of the suspension of the writ of <i>habeas corpus</i>.
+This was a difficult problem to handle and it cost Trumbull
+some popularity, since the loyal spirit of the North<span class="pagenum"><a id="Page_423">[423]</a></span>
+was very touchy on the subject of Copperheads and
+easily inflamed against anybody who was accused of sympathy
+with them. The law finally passed seems now to be
+altogether just, and well suited to be put in practice again
+if occasion for it should arise.</p>
+
+<p>Trumbull's place as one of the "Seven Traitors" who
+voted not guilty on the impeachment of Andrew Johnson
+is now universally considered a proud position, and I
+think that that of his neighbor and friend, James R. Doolittle,
+of Wisconsin, who earned the title of traitor a year
+or two earlier, is entitled to a place in the same Valhalla.
+Both are deserving of monuments at the hands of their
+respective states.</p>
+
+<p>The reader of these pages cannot fail to discern a
+marked change in Trumbull's course on Reconstruction
+about midway of the struggle on that issue. Gideon
+Welles said, under date January 16, 1867, "He [Trumbull]
+has changed his principles within a year.<a id="FNanchor_134_134"></a><a href="#Footnote_134_134" class="fnanchor">[134]</a> The facts are
+that he agreed with Lincoln's plan of Reconstruction,
+embodied it in the Louisiana Bill, reported it favorably
+from the Judiciary Committee, tried to pass it in the
+closing days of the Thirty-eighth Congress, but was
+prevented by the filibustering tactics of Sumner. After
+Johnson became President he adhered to that plan until
+Johnson vetoed the Freedmen's Bureau and Civil Rights
+Bills. He then believed that Johnson had betrayed the
+cause for which the nation had fought through a four
+years' war and that the freedom of the blacks would be
+endangered if Johnson were sustained by the loyal states.
+He accordingly went with his party, but with misgivings,
+halting now and then, putting blocks in the way of the
+radicals here and there. He ceased to be the leader of the
+Senate as he had hitherto been, on this class of questions,
+<span class="pagenum"><a id="Page_424">[424]</a></span>and he became a reluctant follower. When Sumner
+became angry and charged him in 1870 with betrayal of
+the cause of freedom, he hotly affirmed that he had voted
+for every measure for the equal rights of the freedmen
+that Congress had passed, including the three constitutional
+amendments. The truth was that he had put
+obstacles in the way of several measures that Sumner
+deemed indispensable, until it became plain that the
+Republican party was determined to pass them and that
+further resistance would be useless. Then he gave his
+assent to them. This course he pursued until the Anti-Ku-Klux
+Bill was agreed to, by the Judiciary Committee,
+in 1871. Against this measure he voted in the committee
+and in the Senate. He held it to be unconstitutional, and
+he used against it the same arguments in substance that
+Bingham had used in the House against the Civil Rights
+Bill; and both he and Bingham were right. Trumbull
+did not change his principles, but he made an error in
+common with his party and he corrected it as soon as he
+became convinced that it was an error. I am open to the
+same criticism."</p>
+
+<p>Among interviews with men of note published in the
+Chicago press concerning the deceased was one with Mr.
+Joseph Medill, not a friendly critic but a political seer of
+the first class, who thought that Trumbull might have
+been President of the United States if he had voted, in
+the impeachment case, to convict Andrew Johnson.</p>
+
+<blockquote><p>If he had remained true to his party [said Mr. Medill], Judge
+Trumbull, I believe, would have died with his name in the roll
+of Presidents of the United States. I have always thought that
+he could have been the successor of Grant. He stood so high in
+the estimation of his party and the nation that nothing was
+beyond his reach. Grant, of course, came before everybody,
+but Trumbull was next, a man of great ability, undoubted
+integrity, and stainless reputation, pure as the driven snow and<span class="pagenum"><a id="Page_425">[425]</a></span>
+nearly as cold. He could have been President instead of Hayes,
+or Garfield, or Harrison.[1]</p></blockquote>
+
+<p>Following the interview with Mr. Medill is one with
+Mr. Henry S. Robbins, a member of Trumbull's law firm
+from 1883 until 1890. Mr. Robbins did not find Trumbull
+a cold man.</p>
+
+<blockquote><p>All the time we were together [said Mr. Robbins] I never
+heard him speak a cross word to a clerk in the office. Among
+children he was a child again. He and his little grandson, the
+child of Walter Trumbull, who died several years ago, were
+inseparable companions when the grandfather was at home.
+They played together and talked together like two little boys.
+All the children in the neighborhood where he lived were wont
+to come to him with their little troubles and always found him
+one who could enter into fullest sympathy with them. Judge
+Trumbull had no worldliness. He seemed to practice law as a
+mission, not as a vocation by which to make money. With his
+reputation and his ability combined he might have died a
+millionaire. It always gave him a pang to charge a fee, and
+when he fixed the charge it was usually about half what a
+modern lawyer would charge.[1]</p></blockquote>
+
+<p>Another partner, Mr. William N. Horner, said:</p>
+
+<blockquote><p>I came here from Belleville where Judge Trumbull formerly
+lived, and people down there&mdash;some of them at least&mdash;used
+to think that he was a cold man. I never found him so. I
+remember the first day we moved into these offices and while
+we were getting settled, Judge Trumbull worked harder than
+any of us. He was more solicitous for our comfort than he was
+for his own. He was always trying to do something for the
+comfort of others. He had all the gentleness and sweetness of
+disposition and patience of a woman.<a id="FNanchor_135_135"></a><a href="#Footnote_135_135" class="fnanchor">[135]</a></p></blockquote>
+
+<p>Mr. C. S. Darrow, who had charge of the Debs case in
+which Trumbull volunteered his services, said that</p>
+
+<blockquote><p>the socialistic trend of the venerable statesman's opinions
+in his later years sprang from his deep sympathies with all
+<span class="pagenum"><a id="Page_426">[426]</a></span>unfortunates; that sympathy that made him an anti-slavery
+Democrat in his early years, and afterwards a Republican. He
+became convinced that the poor who toil for a living in this
+world were not getting a fair chance. His heart was with them.<a id="FNanchor_136_136"></a><a href="#Footnote_136_136" class="fnanchor">[136]</a></p></blockquote>
+
+<p>A letter to myself from the widow of Walter Trumbull,
+who died in 1891, says:</p>
+
+<blockquote><p>After my husband died, I, with my two boys, lived with Judge
+Trumbull until his death; and I wish I could tell you how beautiful
+that home life was. He was so devoted to his family, so
+sweet and tender and thoughtful for us all. Others never realized
+this and often thought him cold. He was so great a man
+and yet so gentle and simple in his ways that little children
+clung to him.</p></blockquote>
+
+<p>Among the papers left by Trumbull was the following
+estimate of the character and career of Abraham Lincoln.
+It was addressed to his son Walter Trumbull and is here
+published for the first time:</p>
+
+<blockquote><p><span class="smcap">My dear Son</span>: I have often been requested to give my estimate
+of Mr. Lincoln's life and character. His death at the
+close of a great civil war in which the Government of which he
+was the head had been successful, and the manner of his taking
+off, were not favorable to a candid and impartial review of his
+character. The temper of the public mind at that time would
+not tolerate anything but praise of the martyred President, and
+even now it is questionable whether the truthful history of his
+life by Mr. Herndon, his lifelong friend, and law partner for
+twenty years, will be received with favor. As I could not give
+any other than a truthful narration of Mr. Lincoln's character,
+as he was known to me, I have hitherto declined to write anything
+for the public concerning him. Having known him at
+different times as a political adversary and a political friend,
+my opportunities for judging his public life and character
+were from different standpoints. We were members of the Illinois
+House of Representatives in 1840. He was a Whig and I
+a Democrat, but we had no controversies, political or otherwise.
+Indeed, Mr. Lincoln took very little part in the legislation of
+<span class="pagenum"><a id="Page_427">[427]</a></span>that session. It was the period when, as related by Mr. Herndon,
+he was engaged in love affairs which some of his friends
+feared had well-nigh unsettled his mental faculties. I recall
+but one speech he made during the session. In that he told a
+story which convulsed the House to the great discomfiture of
+the member at whom it was aimed. Mr. Lincoln was regarded
+at that time by his political friends as among their shrewdest
+and ablest leaders, and by his political adversaries as a formidable
+opponent. Contemporary with him in the legislature of
+1840 were Edward D. Baker, William A. Richardson, William
+H. Bissell, Thomas Drummond, John J. Hardin, John A. McClernand,
+Ebenezer Peck, and others whose subsequent careers
+in the national councils, on the field of battle, and in civil life
+have shed lustre on their country's history. It is no mean praise
+to say of Mr. Lincoln that among this galaxy of young men
+convened at the capital of Illinois in 1840, to whom may be
+added Stephen A. Douglas, although not then a member of the
+legislature, he stood in the front rank.</p>
+
+<p>As a lawyer Mr. Lincoln was painstaking, discriminating,
+and accurate. He mastered his cases, and had a most happy
+and fascinating way of presenting them. He was logical, fair,
+and candid. It was said of him by one of the most eminent
+judges who ever presided in Illinois, that after Mr. Lincoln had
+opened a case he [the judge] fully understood both sides of it.
+Some of Mr. Lincoln's contemporaries at the bar were more
+learned, and better lawyers, but no one managed a case, which
+he had time to thoroughly study and understand, more adroitly.
+The breaking-up of the Whig and Democratic parties in 1854,
+growing out of the repeal of the Missouri Compromise, and
+the opening of the territory to slavery, threw Mr. Lincoln and
+myself together politically. We were both opposed to the
+spread of slavery, and from the foundation of the Republican
+party till his death we were in political accord. I do not claim
+to have been his confidant, and doubt if any man ever had his
+entire confidence. He was secretive, and communicated no
+more of his own thoughts and purposes than he thought would
+subserve the ends he had in view. He had the faculty of gaining
+the confidence of others by apparently giving them his own,
+and in that way attached to himself many friends. I saw much
+of him after we became political associates, and can truthfully<span class="pagenum"><a id="Page_428">[428]</a></span>
+say that he never misled me by word or deed. He was truthful,
+compassionate, and kind, but he was one of the shrewdest men
+I ever knew. To use a common expression he was "as cunning
+as a fox." He was a good judge of men, their motives, and purposes,
+and knew how to wield them to his own advantage. He
+was not aggressive. Ever ready to take advantage of the public
+current, he did not attempt to lead it. He did not promulgate
+the article of war enacted by Congress forbidding army and
+navy officers from employing their forces to return slaves to
+their masters, under penalty of dismissal from the service, till
+more than six months after its passage. It was more than nine
+months after the enactment of a law by Congress declaring free
+all slaves of rebels captured, or coming within the Union lines,
+or found in any place occupied by rebel forces and afterwards
+occupied by the forces of the Union, that he issued the proclamation
+declaring free the slaves then within the rebel lines,
+all of whom, belonging to persons in rebellion, were made free
+by the act of Congress as soon as the Union forces occupied the
+country, and till then the proclamation could not be enforced.
+When applied to by a friend, just previous to the meeting of
+the convention at Baltimore which nominated him for a second
+term, to indicate what resolutions or policy he desired the convention
+to adopt, he declined to suggest any. These and many
+other illustrations might be given to show that Mr. Lincoln was
+a follower and not a leader in public affairs. Without attempting
+to form or create public sentiment, he waited till he saw
+whither it tended, and then was astute to take advantage of it.
+Some of Mr. Lincoln's admirers, instead of regarding his want
+of system, hesitancy, and irresolution as defects in his character,
+seek to make them the subject of praise, as in the end the rebellion
+was suppressed, and slavery abolished, during his administration,
+ignoring the fact that a man of more positive character,
+prompt and systematic action, might have accomplished
+the same result in half the time, and with half the loss of blood
+and treasure.</p>
+
+<p>Mr. Lincoln was by no means the unsophisticated, artless
+man many took him to be. Mr. Swett, a lifelong friend and
+admirer, writing to Mr. Herndon, says: "One great public mistake
+of his character, as generally received and acquiesced in,
+is that he is considered by the people of this country as a frank,<span class="pagenum"><a id="Page_429">[429]</a></span>
+guileless, and unsophisticated man. There never was a greater
+mistake. Beneath a smooth surface of candor, and apparent
+declaration of all his thoughts and feelings, he exercised the
+most exalted tact, and the widest discrimination.... In dealing
+with men he was a trimmer, and such a trimmer as the
+world has never seen."<a id="FNanchor_137_137"></a><a href="#Footnote_137_137" class="fnanchor">[137]</a></p>
+
+<p>Herndon in his "Lincoln," at page 471, says: "He had a way
+of pretending to assure his visitor that in the choice of his
+advisers he was free to act as his judgment dictated, although
+David Davis, acting as his manager at the Chicago Convention,
+had negotiated with the Pennsylvania and Indiana delegations,
+and assigned places in the Cabinet to Simon Cameron
+and Caleb Smith, besides making other arrangements which
+Mr. Lincoln was expected to satisfy."</p>
+
+<p>Another popular mistake is to suppose Mr. Lincoln free
+from ambition. A more ardent seeker after office never existed.
+From the time when, at the age of twenty-three, he announced
+himself a candidate for the legislature from Sangamon County,
+till his death, he was almost constantly either in office, or struggling
+to obtain one. Sometimes defeated and often successful,
+he never abandoned the desire for office till he had reached the
+presidency the second time. Swett says, "He was much more
+eager for it [a second nomination] than for the first," and such
+was known to his intimate friends to be the fact, though his
+manner to the public would have indicated that he was indifferent
+to a second nomination. When first a candidate for the
+presidency Mr. Herndon tells us, "He wrote to influential
+party workers everywhere," promising money to defray the
+expenses of delegates to the convention favoring his nomination.</p>
+
+<p>While ardently devoted to the Union, Mr. Lincoln had no
+well-defined plan for saving it, but suffered things to drift,
+watching to take advantage of events as they occurred. He was
+a judge of men and knew how to use them to advantage. He
+brought into his Cabinet some of the ablest men in the nation,
+and left to them the management of their respective departments.
+This country never had an abler head of the Treasury
+Department than Salmon P. Chase. To his skillful management
+of the finances the country was indebted for the means
+<span class="pagenum"><a id="Page_430">[430]</a></span>to carry on the war of the rebellion, and bring it to a successful
+issue. For the distinguished ability with which the State
+and War Departments were managed during the rebellion the
+country is greatly indebted to Mr. Seward and Mr. Stanton.
+Other members of Mr. Lincoln's Cabinet were men of great
+executive ability. Lincoln was unmethodical and without executive
+ability, but he selected advisers who possessed these
+qualities in an eminent degree.</p>
+
+<p>To sum up his character, it may be said that as a man he was
+honest, pure, kind-hearted, and sympathetic; as a lawyer, clear-headed,
+astute, and successful; as a politician, ambitious,
+shrewd, and farseeing; as a public speaker, incisive, clear, and
+convincing, often eloquent, clothing his thoughts in the most
+beautiful and attractive language, a logical reasoner, and yet
+most unmethodical in all his ways; as President during a great
+civil war he lacked executive ability, and that resolution and
+prompt action essential to bring it to a speedy and successful
+close; but he was a philanthropist and a patriot, ardently
+devoted to the Union and the equality and freedom of all men.
+He presided over the nation in the most critical period of its history,
+and lived long enough to see the rebellion subdued, and
+a whole race lifted from slavery to freedom. The fact that he
+was at the head of the nation when these great results were
+accomplished, and of his most cruel assassination, before there
+was time to fully appreciate the great work that had been done
+during his administration, will forever endear him to the American
+people, and hand his name down to posterity as among the
+best, if not the greatest, of mankind.</p></blockquote>
+
+<p>Another manuscript, addressed to Mrs. Gershom
+Jayne, the mother of the first Mrs. Trumbull, in answer
+to a communication from her, gives Trumbull's views
+on religion:</p>
+
+<blockquote><p>
+
+<span class="smcap">Chicago</span>, Apr. 22, 1877.<br />
+</p>
+
+<p><span class="smcap">Dear Mother</span>: I scarcely know how to reply to your texts
+of Scripture and your solicitude for me. If the fervent prayers
+of the righteous avail, it would seem as if yours and those of
+my departed Julia should have their influence, and I sometimes
+feel as if the spirit of my dear Julia was even now not far away.<span class="pagenum"><a id="Page_431">[431]</a></span>
+That I am not what I should be is too true: I feel it and I know
+it, and yet I trust the influence and prayers of those who have
+loved me have not been entirely thrown away. I have abundant
+reason to be thankful to our Heavenly Father for his protection
+and ten thousand kindnesses to me which I know I have
+not deserved. How often when the way was dark before me
+has an unseen hand carried me safely through! And yet, whilst
+ever ready to acknowledge my own imperfection and impotence,
+I suppose I know nothing of, or at best see but as through
+a glass dimly, that change of heart of which the converted
+speak, and which comes of a faith it has not been given me
+to possess. I certainly hope through the Saviour's interposition
+for a happy hereafter, but at the same time am obliged to confess
+that the way is to me dark and mysterious, and by no
+means as discernible as it appears to some others. I rejoice
+that they can see it clearly and wish that I could too....</p>
+
+<p>
+Affectionately yours,<br />
+<span class="smcap">Lyman Trumbull</span>.<br />
+</p>
+</blockquote>
+
+<p>Three sons of Lyman Trumbull reached mature years:
+Walter, Perry, and Henry. The latter died unmarried,
+January 20, 1895.</p>
+
+<p>Walter, the eldest, was married September, 1876, to
+Miss Hannah Mather Slater. Three sons were born of
+this union. The first of these, Lyman Trumbull, Jr., died
+in infancy. The second, Walter S., was born in 1879,
+married Miss Marjorie Skinner, of Hartford, Connecticut,
+in 1905, and now resides in New York City. The
+third, Charles L., born in 1884, married in 1910 Miss
+Lucy Proctor, of Peoria, Illinois, and now resides in Chicago.
+Walter Trumbull died October 25, 1891.</p>
+
+<p>Perry Trumbull was married to Mary Caroline Peck,
+daughter of Ebenezer Peck, judge of the United States
+Court of Claims, in 1879. Four children were born to
+them: (1) Julia Wright, married to H. Thompson Frazer,
+M.D., now resides at Asheville, North Carolina; (2)
+Edward A., married Anna Whitby, and resides at Seattle,<span class="pagenum"><a id="Page_432">[432]</a></span>
+Washington; (3) Charles P., married, resides at Las
+Vegas, New Mexico; (4) Selden, resides in Chicago.
+Perry Trumbull died December 10, 1902.</p>
+
+<p>Mrs. Mary Ingraham Trumbull, widow of Lyman
+Trumbull, resides at Saybrook Point, Connecticut.</p>
+
+<p class="h3">THE END</p>
+
+<p><span class="pagenum"><a id="Page_433">[433]</a></span></p>
+
+<p><span class="pagenum"><a id="Page_434">[434]</a><br /><a id="Page_435">[435]</a></span></p>
+
+<div class="footnotes">
+<h3>FOOTNOTES:</h3>
+
+<div class="footnote"><p><a id="Footnote_133_133"></a><a href="#FNanchor_133_133"><span class="label">[133]</span></a> Interview, June 13, 1910.</p></div>
+
+<div class="footnote"><p><a id="Footnote_134_134"></a><a href="#FNanchor_134_134"><span class="label">[134]</span></a> <i>Diary of Gideon Welles</i>, III, 21.</p></div>
+
+<div class="footnote"><p><a id="Footnote_135_135"></a><a href="#FNanchor_135_135"><span class="label">[135]</span></a> Chicago <i>Times</i>, June 26, 1896.</p></div>
+
+<div class="footnote"><p><a id="Footnote_136_136"></a><a href="#FNanchor_136_136"><span class="label">[136]</span></a> Chicago <i>Times</i>, June 26, 1896.</p></div>
+
+<div class="footnote"><p><a id="Footnote_137_137"></a><a href="#FNanchor_137_137"><span class="label">[137]</span></a> Herndon's <i>Life of Lincoln</i>, 537, 538.</p></div>
+</div>
+
+<hr class="chap" />
+
+<h2 id="INDEX">INDEX</h2>
+
+<p>Throughout the Index, the Initial T., standing alone, represents the subject of the
+book.</p>
+
+
+<div class="center">
+<table border="0" cellpadding="4" cellspacing="0" summary="Index Links">
+<tr><th colspan="7">Links to first letters</th></tr>
+<tr><td align="left"><a href="#A">A</a></td><td align="left"><a href="#E">E</a></td><td align="left"><a href="#I">I</a></td><td align="left"><a href="#M">M</a></td><td align="left">Q</td><td align="left"><a href="#U">U</a></td><td align="left"><a href="#Y">Y</a></td></tr>
+<tr><td align="left"><a href="#B">B</a></td><td align="left"><a href="#F">F</a></td><td align="left"><a href="#J">J</a></td><td align="left"><a href="#N">N</a></td><td align="left"><a href="#R">R</a></td><td align="left"><a href="#V">V</a></td><td align="left">Z</td></tr>
+<tr><td align="left"><a href="#C">C</a></td><td align="left"><a href="#G">G</a></td><td align="left"><a href="#K">K</a></td><td align="left"><a href="#O">O</a></td><td align="left"><a href="#S">S</a></td><td align="left"><a href="#W">W</a></td><td align="left">&nbsp;</td></tr>
+<tr><td align="left"><a href="#D">D</a></td><td align="left"><a href="#H">H</a></td><td align="left"><a href="#L">L</a></td><td align="left"><a href="#P">P</a></td><td align="left"><a href="#T">T</a></td><td align="left">X</td><td align="left">&nbsp;</td></tr>
+</table></div>
+
+
+<p id="A" class="index">Abolition movement, the, and the murder of Lovejoy,<a href="#Page_10"> 10.</a></p>
+<p class="index">Act of March 27, 1868, purpose of, <a href="#Page_328">328</a>, <a href="#Page_329">329</a>;</p>
+<p class="index1">passed by Congress, and vetoed, <a href="#Page_329">329</a>;</p>
+<p class="index1">passed over veto, <a href="#Page_330">330</a>;</p>
+<p class="index1">its application to McCardle case glaringly unjust,<a href="#Page_330"> 330.</a></p>
+<p class="index">Adams, Charles Francis, Seward's dispatches of April, 1861, and July, 1862, to, <a href="#Page_210">210</a> <i>ff.</i>;</p>
+<p class="index1">proposed for Liberal Republican nomination for President, <a href="#Page_372">372</a>, <a href="#Page_373">373</a>, <a href="#Page_374">374</a>, <a href="#Page_381">381</a>;</p>
+<p class="index1">his attitude regarding the nomination, <a href="#Page_377">377</a>, <a href="#Page_378">378</a>;</p>
+<p class="index1">defeated by Greeley, <a href="#Page_383">383</a>, <a href="#Page_384">384</a>;</p>
+<p class="index1">why Blair and Brown opposed him, <a href="#Page_385">385</a> and <i>n.</i>;</p>
+<p class="index1">a stronger candidate than T., <a href="#Page_402">402</a>, <a href="#Page_403">403</a>; <a href="#Page_xxi">xxi</a>, <a href="#Page_182">182</a>, <a href="#Page_389">389</a>,<a href="#Page_390"> 390.</a></p>
+<p class="index">Adams, Charles Francis, Jr., <i>The Trent Affair</i>, etc., <a href="#Page_349">349</a> <i>n.</i>; <a href="#Page_353">353</a>, <a href="#Page_378">378</a>.</p>
+<p class="index">Adams, John, <a href="#Page_xxiii">xxiii</a>.</p>
+<p class="index">Adams, John Quincy, <a href="#Page_xxii">xxii</a>, <a href="#Page_27">27</a>, <a href="#Page_103">103</a>.</p>
+<p class="index">Adams, John Quincy, 2d, nominated for Vice-President by dissentient Democrats (1872), <a href="#Page_394">394</a>;</p>
+<p class="index1">declines, <a href="#Page_394">394</a>.</p>
+<p class="index">Akerman, Amos T., succeeds Hoar as Attorney-General, <a href="#Page_350"> 350</a>.</p>
+<p class="index">Alabama, admission of, <a href="#Page_xxix">xxix</a>;</p>
+<p class="index1">and the 13th Amendment, <a href="#Page_229">229</a>;</p>
+<p class="index1">order for reconstruction of, <a href="#Page_238">238</a>.</p>
+<p class="index">Alabama Claims, T. on, <a href="#Page_348">348</a>;</p>
+<p class="index1">Grant's great service in settling, <a href="#Page_362">362</a>.</p>
+<p class="index">Aldrich, Cyrus, <a href="#Page_68">68</a>.</p>
+<p class="index">Alien and Sedition laws, <a href="#Page_xxiii">xxiii</a>.</p>
+<p class="index">Allen, G. T., <a href="#Page_42">42</a>, <a href="#Page_43">43</a>, <a href="#Page_46">46</a> <i>n.</i></p>
+<p class="index">Allen, Robert, <a href="#Page_13">13</a>.</p>
+<p class="index">Allison, John, <a href="#Page_69">69</a>.</p>
+<p class="index">Allison, William B., Senator, <a href="#Page_304">304</a>, <a href="#Page_346">346</a>.</p>
+<p class="index">Altgeld, John P., Governor, and the Pullman strike, <a href="#Page_414">414</a>.</p>
+<p class="index">Alton, Ill., T. removes to, <a href="#Page_21">21</a>.</p>
+<p class="index">Alton riot, the, <a href="#Page_8">8</a>-<a href="#Page_10">10</a>.</p>
+<p class="index">American Bottom, locus of slavery in Ill., in 1783, <a href="#Page_23">23</a>.</p>
+<p class="index"><i>American Historical Review</i>, quoted, <a href="#Page_174">174</a>.</p>
+<p class="index">American Railway Union, <a href="#Page_413">413</a>.</p>
+<p class="index">Ammen, Jacob, General, <a href="#Page_206">206</a>, <a href="#Page_208">208</a>.</p>
+<p class="index">Amnesty, Johnson's proclamation of, <a href="#Page_239">239</a>.</p>
+<p class="index">Amnesty bill, debated in Senate, <a href="#Page_359">359</a>;</p>
+<p class="index1">amended by Sumner, and rejected, <a href="#Page_359">359</a>;</p>
+<p class="index1">reintroduced and passed, <a href="#Page_359">359</a>, <a href="#Page_360">360</a>.</p>
+<p class="index">Anderson, Robert, Major, proposed recall of, from Sumter, <a href="#Page_122">122</a>, <a href="#Page_123">123</a>; <a href="#Page_128">128</a>, <a href="#Page_155">155</a>.</p>
+<p class="index1"><i>And see</i> Sumter.</p>
+<p class="index">Andrew, John A., Governor, <a href="#Page_287">287</a>, <a href="#Page_307">307</a> <i>n.</i></p>
+<p class="index">Anthony, Henry B., Senator, his attitude on ousting of Sumner from Foreign Affairs Committee, <a href="#Page_347">347</a>; <a href="#Page_314">314</a>, <a href="#Page_364">364</a>, <a href="#Page_366">366</a>, <a href="#Page_367">367</a>.</p>
+<p class="index">Anti Ku-Klux bill. <i>See</i> Ku-Klux Bill</p>
+<p class="index">Anti-Nebraska Democrats, in Ill. legislature, <a href="#Page_41">41</a> <i>ff.</i>;</p>
+<p class="index1">and the Senatorial election of 1854, <a href="#Page_46">46</a> <i>n.</i></p>
+<p class="index">Archer, William B., <a href="#Page_69">69</a>.</p>
+<p class="index">"Arm-in-Arm Convention." <i>See</i> National Union Convention.</p>
+<p class="index">Armstrong, postmaster at St. Louis, <a href="#Page_81">81</a>.</p>
+<p class="index">Arnold, I. N., Congressman, <a href="#Page_207">207</a>.</p>
+<p class="index">Arrests, arbitrary, T's resolution of inquiry concerning, <a href="#Page_191">191</a> <i>ff.</i>;</p>
+<p class="index1">censured by Democratic Convention, <a href="#Page_193">193</a>;</p>
+<p class="index1">license to make, transferred to Stanton, <a href="#Page_197">197</a>;</p>
+<p class="index1">effect of change, <a href="#Page_197">197</a>, <a href="#Page_198">198</a>;</p>
+<p class="index1">action of Democrats on, <a href="#Page_197">197</a>;</p>
+<p class="index1">T. took lead in stopping, in loyal states, <a href="#Page_422">422</a>, <a href="#Page_423">423</a>.</p>
+<p class="index1"><i>And see</i> Habeas corpus.</p>
+<p class="index">Arthur, Chester A., appointed Collector of New York, <a href="#Page_368">368</a>.</p>
+<p class="index">Asay, E. G., <a href="#Page_208">208</a>.</p>
+<p class="index">Ashley, James M., Congressman, <a href="#Page_228">228</a> <i>n.</i></p>
+<p class="index">Atchison, David R., Senator, his advice to Missourians, <a href="#Page_52">52</a>; <a href="#Page_49">49</a>, <a href="#Page_54">54</a>.</p>
+<p class="index">Atkinson, Edward, <a href="#Page_353">353</a>.</p>
+<p class="index">Atzerodt, conspirator, <a href="#Page_289">289</a>.</p>
+<hr class="thin" />
+ <p id="B" class="index">Babcock, Orville E., sent by Grant to San Domingo, <a href="#Page_342">342</a>, <a href="#Page_362">362</a>, <a href="#Page_369">369</a>.</p>
+<p class="index">Bacon Academy, <a href="#Page_3">3</a>.</p>
+<p class="index">Badger, George E., <a href="#Page_49">49</a>.</p>
+<p class="index">Bailey, G., quoted on Dred Scott case, <a href="#Page_83">83</a>.</p>
+<p class="index">Baker, Edward D., Senator, <a href="#Page_10">10</a>, <a href="#Page_132">132</a>, <a href="#Page_427">427</a>.</p>
+<p class="index">Baker, Henry L., <a href="#Page_42">42</a>, <a href="#Page_43">43</a>, <a href="#Page_46">46</a>.</p>
+<p class="index">Baldwin, J. B., and Lincoln's offer to evacuate Sumter, <a href="#Page_159">159</a>, <a href="#Page_160">160</a>;</p>
+<p class="index1">his version contradicted by Botts, <a href="#Page_160">160</a>, <a href="#Page_161">161</a>;</p>
+<p class="index1">R. L. Dabney's account of interview of, with Lincoln, <a href="#Page_161">161</a>, <a href="#Page_162">162</a>.</p>
+<p class="index">Bancroft, George, wrote Johnson's first message, <a href="#Page_244">244</a>, <a href="#Page_245">245</a>.</p>
+<p class="index">Banks, Nathaniel P., General, <a href="#Page_36">36</a>, <a href="#Page_87">87</a>, <a href="#Page_102">102</a>, <a href="#Page_232">232</a>, <a href="#Page_233">233</a>.</p>
+<p class="index">Barney, Hiram, Collector of New York, <a href="#Page_147">147</a>, <a href="#Page_181">181</a>, <a href="#Page_182">182</a>.</p>
+<p><span class="pagenum"><a id="Page_436">[436]</a></span></p>
+<p class="index">Barrett, A. B., quoted, <a href="#Page_117">117</a>.</p>
+<p class="index">Bates, Edward, candidate for Republican nomination in 1860, <a href="#Page_103">103</a>;</p>
+<p class="index1">and enforcement of Confiscation Act, <a href="#Page_177">177</a>; <a href="#Page_104">104</a>, <a href="#Page_150">150</a>.</p>
+<p class="index">Bayard, James A., Senator, <a href="#Page_200">200</a>, <a href="#Page_201">201</a>, <a href="#Page_228">228</a>.</p>
+<p class="index">Bayard, Thomas F., Senator, <a href="#Page_366">366</a>.</p>
+<p class="index">Beecher, Henry W., <a href="#Page_287">287</a>.</p>
+<p class="index">Belknap, William W., General, <a href="#Page_362">362</a>.</p>
+<p class="index">Belleville, Ill., T. settles at, <a href="#Page_5">5</a>, <a href="#Page_6">6</a>;</p>
+<p class="index1">described by Dickens, <a href="#Page_14">14</a>, <a href="#Page_15">15</a>.</p>
+<p class="index">Belleville <i>Advocate</i>, the, <a href="#Page_323">323</a>.</p>
+<p class="index">Belmont, August, quoted, on Liberal Republican movement, <a href="#Page_373">373</a>, <a href="#Page_374">374</a>.</p>
+<p class="index">Benjamin, Judah P., Senator, on the Dred Scott case, <a href="#Page_82">82</a>;</p>
+<p class="index1">his reply to Douglas, <a href="#Page_95">95</a>, <a href="#Page_96">96</a>;</p>
+<p class="index1">contrasts Douglas and Lincoln, <a href="#Page_96">96</a>.</p>
+<p class="index">Benton, Thomas H., Senator, <a href="#Page_126">126</a>.</p>
+<p class="index">Bigelow, Israel B., quoted, <a href="#Page_217">217</a>.</p>
+<p class="index">Bigelow, John, his Diary quoted, <a href="#Page_403">403</a> <i>n.</i></p>
+<p class="index">Bingham, John A., Congressman, opposes Civil Rights bill, <a href="#Page_271">271</a>, <a href="#Page_272">272</a>, <a href="#Page_281">281</a>;</p>
+<p class="index1">on Reconstruction Committee, <a href="#Page_281">281</a>;</p>
+<p class="index1">proposes amendment to Constitution, <a href="#Page_282">282</a>;</p>
+<p class="index1">amends Georgia bill, <a href="#Page_298">298</a>, <a href="#Page_299">299</a>; <a href="#Page_196">196</a>, <a href="#Page_304">304</a>, <a href="#Page_309">309</a>, <a href="#Page_339">339</a>, <a href="#Page_424">424</a>.</p>
+<p class="index">Bird, Frank W., quoted, on Cincinnati nominations, <a href="#Page_385">385</a> <i>n.</i>; <a href="#Page_387">387</a>.</p>
+<p class="index">Birney, James G., <a href="#Page_37">37</a>, <a href="#Page_40">40</a>.</p>
+<p class="index">Bishop, Mr., killed in Alton riot, <a href="#Page_9">9</a>.</p>
+<p class="index">Bissell, W. H., Governor, quoted, <a href="#Page_10">10</a>, <a href="#Page_69">69</a>, <a href="#Page_70">70</a>, <a href="#Page_74">74</a>, <a href="#Page_88">88</a>, <a href="#Page_427">427</a>.</p>
+<p class="index">Black, Jere. S., counsel for McCardle, <a href="#Page_327">327</a>.</p>
+<p class="index">Blaine, James G., interview of, with author, on revenue reform, <a href="#Page_354">354</a>.</p>
+<p class="index">Blair, Austin, Congressman, <a href="#Page_397">397</a>, <a href="#Page_398">398</a>.</p>
+<p class="index">Blair, F. P., General, Democratic candidate for Vice-President (1868), <a href="#Page_333">333</a>;</p>
+<p class="index1">and the Cincinnati convention, <a href="#Page_385">385</a> and <i>n.</i>; <a href="#Page_37">37</a>, <a href="#Page_120">120</a>, <a href="#Page_382">382</a>.</p>
+<p class="index">Blair, Gist, quoted, <a href="#Page_220">220</a> <i>n.</i></p>
+<p class="index">Blair, Montgomery, quoted, on Cameron's appointment, <a href="#Page_151">151</a>;</p>
+<p class="index1">on Cameron's emancipation hobby, <a href="#Page_172">172</a> <i>n.</i>;</p>
+<p class="index1">his resignation as Postmaster General and Fr&eacute;mont's withdrawal, <a href="#Page_220">220</a> and <i>n.</i>;</p>
+<p class="index1">on reconstruction, <a href="#Page_293">293</a>; <a href="#Page_83">83</a>, <a href="#Page_112">112</a>, <a href="#Page_157">157</a>, <a href="#Page_234">234</a>, <a href="#Page_307">307</a> <i>n.</i></p>
+<p class="index">Blatchford, Samuel J., Justice, <a href="#Page_275">275</a>.</p>
+<p class="index">Blodgett, Henry W., <a href="#Page_419">419</a>.</p>
+<p class="index">Blow, Henry T., <a href="#Page_281">281</a>.</p>
+<p class="index">Bonifant, U. S. Marshal, <a href="#Page_195">195</a>.</p>
+<p class="index">Booth, J. Wilkes, <a href="#Page_289">289</a>.</p>
+<p class="index">Border Ruffians. <i>See</i> Missourians in Kansas.</p>
+<p class="index">Borders, Sarah, <a href="#Page_28">28</a>, <a href="#Page_29">29</a>.</p>
+<p class="index">Borie, Adolph, appointed Secretary of Navy, <a href="#Page_337">337</a>;</p>
+<p class="index1">resigns, <a href="#Page_337">337</a>.</p>
+<p class="index">Boston <i>Advertiser</i>, <a href="#Page_300">300</a>.</p>
+<p class="index">Botts, John Minor, his <i>Great Rebellion</i> quoted on Lincoln's offer to evacuate Sumter, <a href="#Page_159">159</a>, <a href="#Page_160">160</a>;</p>
+<p class="index1">denies Baldwin's story, <a href="#Page_160">160</a>, <a href="#Page_161">161</a>.</p>
+<p class="index">Boutwell, George S., Congressman, appointed Secretary of Treasury, <a href="#Page_336">336</a>, <a href="#Page_337">337</a>;</p>
+<p class="index1">and the Leet and Stocking scandal, <a href="#Page_364">364</a>, <a href="#Page_365">365</a>; <a href="#Page_281">281</a>, <a href="#Page_291">291</a>, <a href="#Page_304">304</a>, <a href="#Page_309">309</a>, <a href="#Page_339">339</a>.</p>
+<p class="index">Bowles, Samuel, <a href="#Page_86">86</a>, <a href="#Page_353">353</a>, <a href="#Page_387">387</a>.</p>
+<p class="index">Bradley, Joseph P., Justice, <a href="#Page_275">275</a>, <a href="#Page_276">276</a>, <a href="#Page_409">409</a>.</p>
+<p class="index">Brainard, Daniel, <a href="#Page_80">80</a>.</p>
+<p class="index">Brayman, Mason, <a href="#Page_13">13</a>.</p>
+<p class="index">Breckinridge, John C., elected Vice-President (1856), <a href="#Page_70">70</a>;</p>
+<p class="index1">nominated for President (1860), by seceding delegates, <a href="#Page_96">96</a>.</p>
+<p class="index">Brinkerhoff, R., <a href="#Page_353">353</a>.</p>
+<p class="index">Brooks, Preston S., Congressman, his assault on Sumner, <a href="#Page_65">65</a>.</p>
+<p class="index">"Brother Jonathan," <a href="#Page_2">2</a> <i>n.</i></p>
+<p class="index">Brown, Albert G., Senator, <a href="#Page_63">63</a>.</p>
+<p class="index">Brown, B. Gratz, elected governor of Mo. as a liberal, <a href="#Page_352">352</a>;</p>
+<p class="index1">candidate for Liberal Republican nomination, <a href="#Page_377">377</a>, <a href="#Page_378">378</a>;</p>
+<p class="index1">arrives at Cincinnati, <a href="#Page_382">382</a>;</p>
+<p class="index1">withdraws in favor of Greeley, <a href="#Page_383">383</a>;</p>
+<p class="index1">nominated for Vice-President, <a href="#Page_384">384</a>;</p>
+<p class="index1">divers views of his course, <a href="#Page_384">384</a>, <a href="#Page_385">385</a> and <i>n.</i>;</p>
+<p class="index1">nominated by Democrats, <a href="#Page_394">394</a>; <a href="#Page_220">220</a>, <a href="#Page_285">285</a>, <a href="#Page_389">389</a>, <a href="#Page_402">402</a>.</p>
+<p class="index">Brown, George T., <a href="#Page_80">80</a>.</p>
+<p class="index">Brown, John, his raid on Harper's Ferry, <a href="#Page_96">96</a>-<a href="#Page_100">100</a>;</p>
+<p class="index1">author's impression of, <a href="#Page_97">97</a>;</p>
+<p class="index1">his own view of his mission, <a href="#Page_97">97</a>, <a href="#Page_98">98</a>;</p>
+<p class="index1">T. on moral and legal aspects of the raid, <a href="#Page_98">98</a>, <a href="#Page_99">99</a>; <a href="#Page_53">53</a>.</p>
+<p class="index">Brown, Joseph, <a href="#Page_375">375</a>.</p>
+<p class="index">Brown, William G., quoted, <a href="#Page_xxxiv">xxxiv</a>.</p>
+<p class="index">Brown, W. H., <a href="#Page_87">87</a>.</p>
+<p class="index">Browning, Orville H., Secretary of Interior, his views on question of territorializing states, <a href="#Page_291">291</a>; <a href="#Page_92">92</a>, <a href="#Page_194">194</a>, <a href="#Page_197">197</a>, <a href="#Page_285">285</a>, <a href="#Page_307">307</a>.</p>
+<p class="index">Brownlow, W. G., reconstruction governor of Tenn., <a href="#Page_237">237</a>.</p>
+<p class="index">Bryan, Silas L., <a href="#Page_375">375</a>.</p>
+<p class="index">Bryan, William J., student in T.'s office, <a href="#Page_407">407</a>;</p>
+<p class="index1">author's meeting with (1893), <a href="#Page_413">413</a>.</p>
+<p class="index">Bryant, John H., quoted, <a href="#Page_67">67</a> and <i>n.</i>; <a href="#Page_375">375</a>.</p>
+<p class="index">Bryant, William Cullen, refuses to support Greeley, <a href="#Page_385">385</a>;</p>
+<p class="index1">correspondence with T. thereon, <a href="#Page_386">386</a>, <a href="#Page_387">387</a>; <a href="#Page_139">139</a>, <a href="#Page_140">140</a>, <a href="#Page_141">141</a>, <a href="#Page_145">145</a>, <a href="#Page_287">287</a>, <a href="#Page_353">353</a>, <a href="#Page_375">375</a>, <a href="#Page_391">391</a>.</p>
+<p class="index">Buchanan, James, elected President, <a href="#Page_70">70</a>;</p>
+<p class="index1">appoints Walker Governor of Kansas, <a href="#Page_71">71</a>;</p>
+<p class="index1">and the Lecompton Constitution, <a href="#Page_73">73</a>;</p>
+<p class="index1">his message to Congress on Topeka and Lecompton constitutions, answered by T., <a href="#Page_76">76</a>, <a href="#Page_77">77</a>, and by Douglas, <a href="#Page_77">77</a>;</p>
+<p class="index1">said to favor rejection of pro-slavery clause, <a href="#Page_78">78</a>;</p>
+<p class="index1">recommends admission of Kansas under Lecompton Constitution, <a href="#Page_81">81</a>;</p>
+<p class="index1">his message thereon discussed by T., <a href="#Page_81">81</a>, <a href="#Page_82">82</a>;</p>
+<p class="index1">Chief Justice Caton on his attitude toward Lecomptonism, <a href="#Page_84">84</a>, <a href="#Page_85">85</a>;</p>
+<p class="index1">and Justice McLean, <a href="#Page_122">122</a>, <a href="#Page_123">123</a> and <i>n.</i>;</p>
+<p class="index1">policy of his government toward secessionists, <a href="#Page_127">127</a>, <a href="#Page_128">128</a>;</p>
+<p class="index1">takes sides for the Union under pressure, <a href="#Page_128">128</a>; <a href="#Page_74">74</a>, <a href="#Page_75">75</a>, <a href="#Page_113">113</a>.</p>
+<p><span class="pagenum"><a id="Page_437">[437]</a></span></p>
+<p class="index">Buchanan Democrats in Ill., adopt name of National Democracy, <a href="#Page_89">89</a>;</p>
+<p class="index1">Lincoln quoted concerning, <a href="#Page_90">90</a>;</p>
+<p class="index1">their small poll, <a href="#Page_91">91</a>;</p>
+<p class="index1">their poll in 1860 even smaller, <a href="#Page_96">96</a>.</p>
+<p class="index">Buckalew, Charles R., Senator, <a href="#Page_285">285</a>, <a href="#Page_329">329</a>.</p>
+<p class="index">Buckingham, William A., Senator, <a href="#Page_366">366</a>.</p>
+<p class="index">Bull Run, first battle of, described by T. in letters to Mrs. T., <a href="#Page_165">165</a>-<a href="#Page_167">167</a>.</p>
+<p class="index">Bullock, Rufus P., reconstruction governor of Georgia, <a href="#Page_297">297</a>, <a href="#Page_298">298</a>, <a href="#Page_299">299</a>, <a href="#Page_300">300</a>.</p>
+<p class="index">Burchard, Horatio C., Congressman, <a href="#Page_354">354</a>.</p>
+<p class="index">Burke, Edmund, <a href="#Page_358">358</a>.</p>
+<p class="index">Burlingame, Anson, <a href="#Page_86">86</a>, <a href="#Page_88">88</a>.</p>
+<p class="index">Burnside, Ambrose E., General, orders arrest of Vallandigham, <a href="#Page_204">204</a>;</p>
+<p class="index1">his proceedings against the Chicago <i>Times</i>, <a href="#Page_206">206</a>-<a href="#Page_209">209</a>;</p>
+<p class="index1">his order revoked by Lincoln, <a href="#Page_208">208</a>;</p>
+<p class="index1">defeated at Fredericksburg, <a href="#Page_211">211</a>.</p>
+<p class="index">Butler, Benjamin F., Congressman, reports Georgia bill, <a href="#Page_298">298</a>;</p>
+<p class="index1">author of 10th article of impeachment, <a href="#Page_311">311</a>; <a href="#Page_304">304</a>, <a href="#Page_309">309</a>, <a href="#Page_359">359</a>, <a href="#Page_362">362</a>.</p>
+<p class="index">Butler, Fanny Kemble, <a href="#Page_xxxiv">xxxiv</a>.</p>
+<p class="index">Butler, William, quoted, <a href="#Page_148">148</a>; <a href="#Page_149">149</a>, <a href="#Page_151">151</a>.</p>
+<hr class="thin" />
+ <p id="C" class="index">Cabinet, Pres. Johnson's, discussion of Tenure-of-Office bill by, <a href="#Page_302">302</a>, <a href="#Page_303">303</a>;</p>
+<p class="index1">unanimous in advising veto, <a href="#Page_303">303</a>, <a href="#Page_311">311</a>.</p>
+<p class="index">Cabinet officers, and the Tenure-of-Office Act, <a href="#Page_301">301</a>, <a href="#Page_302">302</a>.</p>
+<p class="index">Cadwalader, George, <a href="#Page_195">195</a>.</p>
+<p class="index">Calhoun, John, and the Lecompton Constitution, <a href="#Page_73">73</a>; <a href="#Page_18">18</a>, <a href="#Page_75">75</a>, <a href="#Page_84">84</a>.</p>
+<p class="index">Calhoun, John C., Senator, and the doctrine of Nullification, xxv and <i>n.</i>, <a href="#Page_xxvii">xxvii</a>; <a href="#Page_4">4</a>.</p>
+<p class="index">Cameron, Simon, history of his inclusion in Lincoln's Cabinet, <a href="#Page_142">142</a> <i>ff.</i>;</p>
+<p class="index1">visits Lincoln at Springfield, <a href="#Page_144">144</a>;</p>
+<p class="index1">Lincoln promises portfolio to, <a href="#Page_144">144</a>, <a href="#Page_429">429</a>;</p>
+<p class="index1">urgent opposition to, from McClure, T., and others, <a href="#Page_144">144</a>, <a href="#Page_145">145</a>, <a href="#Page_146">146</a>, <a href="#Page_147">147</a> <i>ff.</i>;</p>
+<p class="index1">and Fr&eacute;mont, <a href="#Page_172">172</a>;</p>
+<p class="index1">his report in favor of freeing and arming slaves suppressed by Lincoln, <a href="#Page_172">172</a> and <i>n.</i>;</p>
+<p class="index1">and the War Department frauds, <a href="#Page_178">178</a> <i>ff.</i>;</p>
+<p class="index1">and T. A. Scott, <a href="#Page_184">184</a>, <a href="#Page_185">185</a>;</p>
+<p class="index1">Nicolay and Hay on causes of his leaving Cabinet, <a href="#Page_185">185</a>, <a href="#Page_186">186</a>;</p>
+<p class="index1">made Minister to Russia, <a href="#Page_186">186</a>;</p>
+<p class="index1">McClure on his dismissal, <a href="#Page_186">186</a>, <a href="#Page_187">187</a>;</p>
+<p class="index1">censured by House in Cummings affair, <a href="#Page_186">186</a>;</p>
+<p class="index1">his confirmation as Minister to Russia opposed by T. and others, <a href="#Page_187">187</a>, <a href="#Page_188">188</a>,</p>
+<p class="index2">but favored by Sumner, <a href="#Page_188">188</a>;</p>
+<p class="index1">his statement to Hamlin, <a href="#Page_188">188</a>;</p>
+<p class="index1">vote on Confirmation of, <a href="#Page_189">189</a>;</p>
+<p class="index1">how he repaid Sumner, <a href="#Page_189">189</a>; <a href="#Page_108">108</a>, <a href="#Page_343">343</a>, <a href="#Page_371">371</a>.</p>
+<p class="index">Carlile, John S., Senator, opposes habeas corpus suspension act, <a href="#Page_199">199</a>.</p>
+<p class="index">Carlin, Thomas, <a href="#Page_11">11</a>.</p>
+<p class="index">Carpenter, Matthew H., Senator, counsel in McCardle case, <a href="#Page_327">327</a>, <a href="#Page_329">329</a>; <a href="#Page_300">300</a>, <a href="#Page_358">358</a>;</p>
+<p class="index1">report on Louisiana election, <a href="#Page_405">405</a>;</p>
+<p class="index1">speech before Electoral Commission, <a href="#Page_411">411</a>.</p>
+<p class="index">Carpetbaggers, and the San Domingo treaty, <a href="#Page_350">350</a>; <a href="#Page_241">241</a>.</p>
+<p class="index">Cass, Lewis, Senator, his Nicholson letter on squatter sovereignty, <a href="#Page_94">94</a>; <a href="#Page_48">48</a>, <a href="#Page_63">63</a>, <a href="#Page_125">125</a>.</p>
+<p class="index">Castle Pinckney, <a href="#Page_129">129</a>.</p>
+<p class="index">Catiline, steamer, <a href="#Page_179">179</a>, <a href="#Page_180">180</a>, <a href="#Page_181">181</a>, <a href="#Page_182">182</a>.</p>
+<p class="index">Caton, John D., quoted, on Buchanan's attitude toward Lecomptonism, <a href="#Page_84">84</a>, <a href="#Page_85">85</a>; <a href="#Page_20">20</a>.</p>
+<p class="index">Caulfield, B. G., <a href="#Page_208">208</a>.</p>
+<p class="index">Cavalry, fraudulent contracts for purchase of horses for, <a href="#Page_182">182</a>, <a href="#Page_183">183</a>.</p>
+<p class="index"><i>Century Magazine</i>, cited, <a href="#Page_245">245</a> <i>n.</i>, <a href="#Page_307">307</a> <i>n.</i>, <a href="#Page_321">321</a> <i>n.</i></p>
+<p class="index">Chandler, Zachariah, Senator, and T.'s connection with the McCardle case, <a href="#Page_331">331</a>, <a href="#Page_332">332</a>; <a href="#Page_150">150</a>, <a href="#Page_166">166</a>, <a href="#Page_233">233</a>, <a href="#Page_355">355</a>, <a href="#Page_363">363</a>, <a href="#Page_371">371</a>.</p>
+<p class="index">Channing, William Ellery, <a href="#Page_xxxii">xxxii</a>.</p>
+<p class="index">Charleston Convention of 1860, <a href="#Page_107">107</a>.</p>
+<p class="index">Chase, Salmon P., Chief Justice, quoted, <a href="#Page_67">67</a>;</p>
+<p class="index1">and Cameron's dismissal, <a href="#Page_186">186</a>;</p>
+<p class="index1">presides at impeachment trial, <a href="#Page_309">309</a>;</p>
+<p class="index1">on the 11th article, <a href="#Page_311">311</a>;</p>
+<p class="index1">his ruling on evidence of Johnson's intent to make a case for the Supreme Court, overruled by the Senate, <a href="#Page_313">313</a>;</p>
+<p class="index1">vote for, in Cincinnati convention (1872), <a href="#Page_383">383</a>;</p>
+<p class="index1">T's estimate of, as Secretary of Treasury, <a href="#Page_429">429</a>, <a href="#Page_430">430</a>; <a href="#Page_79">79</a>, <a href="#Page_102">102</a>, <a href="#Page_103">103</a>, <a href="#Page_107">107</a>, <a href="#Page_145">145</a>, <a href="#Page_147">147</a>, <a href="#Page_148">148</a>, <a href="#Page_150">150</a>, <a href="#Page_151">151</a>, <a href="#Page_170">170</a>, <a href="#Page_234">234</a>, <a href="#Page_240">240</a>, <a href="#Page_274">274</a>, <a href="#Page_289">289</a>, <a href="#Page_320">320</a>, <a href="#Page_372">372</a>.</p>
+<p class="index">Cheever, Rev. George B., <a href="#Page_220">220</a>.</p>
+<p class="index">Cherokee Tract, the, <a href="#Page_5">5</a>.</p>
+<p class="index">Chesnut, James, <a href="#Page_99">99</a>.</p>
+<p class="index">Chicago, rioting at, in Pullman strike, <a href="#Page_414">414</a>;</p>
+<p class="index1">troops ordered to, <a href="#Page_414">414</a>;</p>
+<p class="index1">meeting at, addressed by T., <a href="#Page_414">414</a>, <a href="#Page_415">415</a>.</p>
+<p class="index">Chicago <i>Advance</i>, T.'s article in, on restriction of suffrage, <a href="#Page_294">294</a>.</p>
+<p class="index">Chicago Bar Association, and T.'s death, <a href="#Page_418">418</a>, <a href="#Page_419">419</a>.</p>
+<p class="index">Chicago <i>Evening Journal</i>, quoted, on T.'s speech on Chicago Times matter, <a href="#Page_208">208</a>; <a href="#Page_93">93</a>.</p>
+<p class="index">Chicago <i>Times</i>, publication of, forbidden by Burnside, <a href="#Page_206">206</a>-<a href="#Page_209">209</a>;</p>
+<p class="index1">meeting of protest against the order, <a href="#Page_207">207</a>;</p>
+<p class="index1">the order revoked by Lincoln, <a href="#Page_208">208</a>; <a href="#Page_415">415</a>, <a href="#Page_424">424</a>, <a href="#Page_425">425</a>.</p>
+<p class="index">Chicago <i>Tribune</i>, quoted, on the duty of Senators in impeachment trial, <a href="#Page_315">315</a>, <a href="#Page_316">316</a>; <a href="#Page_372">372</a>, <a href="#Page_389">389</a>, <a href="#Page_390">390</a>.</p>
+<p class="index">Cincinnati, Liberal Republican Convention at (1872), <a href="#Page_374">374</a> <i>ff.</i>;</p>
+<p class="index1">how composed, <a href="#Page_379">379</a>, <a href="#Page_380">380</a>;</p>
+<p class="index1">difficulties of, on tariff question, result in compromise, <a href="#Page_381">381</a>, <a href="#Page_382">382</a>;</p>
+<p class="index1">Greeley nominated for President by, <a href="#Page_383">383</a>, <a href="#Page_384">384</a>.</p>
+<p class="index">Cincinnati <i>Commercial</i>, <a href="#Page_372">372</a>.</p>
+<p class="index">Citizens of U. S., definition of, in 14th Amendment, <a href="#Page_283">283</a>.</p>
+<p class="index">Civil Rights bill, introduced by T., <a href="#Page_257">257</a>;</p>
+<p><span class="pagenum"><a id="Page_438">[438]</a></span></p>
+<p class="index1">T.'s proposed amendment to, debated in Senate, <a href="#Page_265">265</a> <i>ff.</i>;</p>
+<p class="index1">passes Senate, <a href="#Page_271">271</a>, and House, <a href="#Page_272">272</a>;</p>
+<p class="index1">vetoed by Johnson, <a href="#Page_272">272</a>;</p>
+<p class="index1">passed over veto, <a href="#Page_272">272</a>, <a href="#Page_273">273</a>;</p>
+<p class="index1">held constitutional by Circuit Court of U. S., <a href="#Page_274">274</a>;</p>
+<p class="index1">in Supreme Court, <a href="#Page_275">275</a> <i>ff.</i>;</p>
+<p class="index1">Bingham's objections to, <a href="#Page_281">281</a>;</p>
+<p class="index1">relation of 14th Amendment to, <a href="#Page_282">282</a>, <a href="#Page_283">283</a>;</p>
+<p class="index1">T.'s course on, <a href="#Page_424">424</a>, <a href="#Page_425">425</a>.</p>
+<p class="index">Civil Rights Cases, <a href="#Page_109">109</a> U. S., <a href="#Page_275">275</a>, <a href="#Page_276">276</a>.</p>
+<p class="index">Civil service, demoralization of, under Grant, <a href="#Page_341">341</a>, <a href="#Page_342">342</a>.</p>
+<p class="index">Civil-service reform, T. on, <a href="#Page_359">359</a>, <a href="#Page_376">376</a>.</p>
+<p class="index">Civil War, the, could not have been averted, <a href="#Page_xxi">xxi</a>, <a href="#Page_xxii">xxii</a>.</p>
+<p class="index">Clark, Daniel, Senator, <a href="#Page_262">262</a>, <a href="#Page_264">264</a>.</p>
+<p class="index">Clay, Clement C., Senator, his farewell speech in Senate, <a href="#Page_121">121</a>; <a href="#Page_100">100</a>.</p>
+<p class="index">Clay, Henry, <a href="#Page_xxvi">xxvi</a>, <a href="#Page_xxxi">xxxi</a>, <a href="#Page_27">27</a>, <a href="#Page_39">39</a>, <a href="#Page_125">125</a>.</p>
+<p class="index">Clayton, John M., <a href="#Page_63">63</a> <i>n.</i></p>
+<p class="index">Cleveland, Grover, orders troops to Chicago, <a href="#Page_414">414</a>; <a href="#Page_413">413</a>.</p>
+<p class="index">Clifford, Nathan, Justice Sup. Court, <a href="#Page_289">289</a>, <a href="#Page_409">409</a>.</p>
+<p class="index">Clingman, Thomas L., Senator, <a href="#Page_419">419</a>.</p>
+<p class="index">Cochrane, John, General, nominated for Vice-President by anti-Lincoln Republicans (1864), <a href="#Page_219">219</a>, <a href="#Page_220">220</a>.</p>
+<p class="index">Cole, Cornelius, Senator, <a href="#Page_314">314</a>.</p>
+<p class="index">Coles, Edward, and the "Anti-convention"</p>
+<p class="index">Contest in Ill., <a href="#Page_27">27</a>, <a href="#Page_28">28</a>.</p>
+<p class="index">Colfax, Schuyler, elected Vice-President (1872), <a href="#Page_333">333</a>;</p>
+<p class="index1">and Grant, <a href="#Page_393">393</a>, <a href="#Page_394">394</a>;</p>
+<p class="index1">and the Cr&eacute;dit-Mobilier, <a href="#Page_402">402</a>; <a href="#Page_80">80</a>, <a href="#Page_331">331</a>, <a href="#Page_359">359</a>.</p>
+<p class="index">Collamer, Jacob, Senator, speech of, on Kansas affairs, <a href="#Page_65">65</a>;</p>
+<p class="index1">attacks T.'s Confiscation bill, <a href="#Page_173">173</a>, <a href="#Page_174">174</a>; <a href="#Page_55">55</a>, <a href="#Page_102">102</a>, <a href="#Page_198">198</a>.</p>
+<p class="index">Collins, James H., <a href="#Page_30">30</a>.</p>
+<p class="index">Colonization Society, <a href="#Page_xxxi">xxxi</a>.</p>
+<p class="index">Compromise of 1860, <a href="#Page_xxi">xxi</a>, <a href="#Page_34">34</a>, <a href="#Page_124">124</a>, <a href="#Page_125">125</a>.</p>
+<p class="index">Confederate States. <i>See</i> States, seceding.</p>
+<p class="index">Confiscation bill, concerning slaves only, introduced by T., and passed by Congress, <a href="#Page_168">168</a>.</p>
+<p class="index">Confiscation bill (II), introduced by T. (Dec. 1861), <a href="#Page_173">173</a>, <a href="#Page_176">176</a>;</p>
+<p class="index1">debated all the session, <a href="#Page_173">173</a> <i>ff.</i>;</p>
+<p class="index1">report of Conference committee on, adopted, <a href="#Page_175">175</a>;</p>
+<p class="index1">Lincoln proposes to veto, <a href="#Page_175">175</a>;</p>
+<p class="index1">passage of joint resolution interpreting, <a href="#Page_175">175</a>;</p>
+<p class="index1">the first step toward full emancipation, <a href="#Page_176">176</a>;</p>
+<p class="index1">trifling proceeds of confiscation under, <a href="#Page_176">176</a>;</p>
+<p class="index1">controversy over enforcement of, <a href="#Page_176">176</a>, <a href="#Page_177">177</a>.</p>
+<p class="index">Congress, adopts Missouri Compromise, <a href="#Page_xxx">xxx</a>;</p>
+<p class="index1">passes Kansas-Nebraska bill, <a href="#Page_37">37</a>;</p>
+<p class="index1">Pres. Pierce's special message to, on Kansas affairs, <a href="#Page_55">55</a>;</p>
+<p class="index1">Pres. Buchanan's first message to, <a href="#Page_76">76</a>;</p>
+<p class="index1">Buchanan recommends admission of Kansas to, <a href="#Page_81">81</a>;</p>
+<p class="index1">passes first Confiscation bill, <a href="#Page_168">168</a>;</p>
+<p class="index1">debate on second Confiscation bill in, <a href="#Page_173">173</a> <i>ff.</i>;</p>
+<p class="index1">Pres. Johnson's first message to, <a href="#Page_244">244</a>, <a href="#Page_245">245</a>;</p>
+<p class="index1">power of, to pass laws for ordinary administration of justice in states, <a href="#Page_258">258</a>-<a href="#Page_260">260</a>, <a href="#Page_265">265</a> <i>ff.</i>;</p>
+<p class="index1">attacked by Johnson, <a href="#Page_286">286</a>;</p>
+<p class="index1">radicals in, and the Milligan case, <a href="#Page_289">289</a>, <a href="#Page_290">290</a>;</p>
+<p class="index1">makes general of the army virtually independent of the President, <a href="#Page_291">291</a>;</p>
+<p class="index1">measures of reconstruction passed by, over vetoes, <a href="#Page_291">291</a>-<a href="#Page_295">295</a>;</p>
+<p class="index1">and impeachment of Johnson, <a href="#Page_303">303</a> <i>ff.</i>;</p>
+<p class="index1">intensity of contest in, <a href="#Page_312">312</a>;</p>
+<p class="index1">and the McCardle case, <a href="#Page_328">328</a>-<a href="#Page_330">330</a>;</p>
+<p class="index1">passes Act of March 27, 1868, over veto, <a href="#Page_330">330</a>;</p>
+<p class="index1">and the 15th Amendment, <a href="#Page_338">338</a>-<a href="#Page_340">340</a>;</p>
+<p class="index1">Pres. Grant's message to, on Ku-Klux-Klans, <a href="#Page_356">356</a>;</p>
+<p class="index1">and the Amnesty bill, <a href="#Page_359">359</a>, <a href="#Page_360">360</a>;</p>
+<p class="index1">and the Cr&eacute;dit-Mobilier, <a href="#Page_402">402</a>.</p>
+<p class="index1"><i>And see</i> House of Representatives, Reconstruction, Committee on, and Senate.</p>
+<p class="index">Congress of the Confederation, and Jefferson's ordinance concerning slavery (1784), <a href="#Page_xxviii">xxviii</a>, <a href="#Page_xxix">xxix</a>;</p>
+<p class="index1">passes Ordinance of 1787, <a href="#Page_24">24</a>, <a href="#Page_25">25</a>, <a href="#Page_29">29</a>.</p>
+<p class="index"><i>Congressional Globe</i> of 1860-61, <a href="#Page_114">114</a>.</p>
+<p class="index">Conkling, Roscoe, Senator, <a href="#Page_281">281</a>, <a href="#Page_331">331</a>, <a href="#Page_339">339</a>, <a href="#Page_355">355</a>, <a href="#Page_362">362</a>, <a href="#Page_363">363</a>.</p>
+<p class="index">Connecticut, opposed to nomination of Seward, <a href="#Page_103">103</a>.</p>
+<p class="index">Constitution of U. S., obstacles to ratification of, xxii and <i>n.</i>;</p>
+<p class="index1">its "educational work," <a href="#Page_xxvi">xxvi</a>, <a href="#Page_xxvii">xxvii</a>;</p>
+<p class="index1">and the power to free slaves, <a href="#Page_222">222</a>, <a href="#Page_223">223</a>;</p>
+<p class="index1">projects of amending, in that regard, <a href="#Page_223">223</a>;</p>
+<p class="index1">the James F. Wilson resolution, <a href="#Page_223">223</a>;</p>
+<p class="index1">the Henderson resolution, <a href="#Page_223">223</a>,</p>
+<p class="index1">reported by T. in amended form, <a href="#Page_224">224</a>.</p>
+<p class="index1"><i>Amendment</i> XIII, reported by T. in Senate, <a href="#Page_224">224</a>;</p>
+<p class="index1">his speech thereon, <a href="#Page_224">224</a>-<a href="#Page_226">226</a>;</p>
+<p class="index1">favored by Henderson and R. Johnson, <a href="#Page_227">227</a>;</p>
+<p class="index1">adopted by both branches, <a href="#Page_228">228</a>;</p>
+<p class="index1">scene in House described by Julian, <a href="#Page_228">228</a> and <i>n.</i>;</p>
+<p class="index1">ratified by States, <a href="#Page_229">229</a>, <a href="#Page_252">252</a>;</p>
+<p class="index1">Seward's interpretation of, <a href="#Page_229">229</a>;</p>
+<p class="index1">discussed in connection with Freedmen's Bureau bill, <a href="#Page_258">258</a>, <a href="#Page_260">260</a>;</p>
+<p class="index1">and the Civil Rights bill, <a href="#Page_267">267</a>, <a href="#Page_269">269</a>, <a href="#Page_270">270</a>;</p>
+<p class="index1">construed by Supreme Court in U.S. v. Harris, <a href="#Page_275">275</a>, <a href="#Page_358">358</a>,</p>
+<p class="index1">and in Civil Rights Cases, <a href="#Page_276">276</a>, <a href="#Page_277">277</a>;</p>
+<p class="index1">T.'s connection with, <a href="#Page_422">422</a>.</p>
+<p class="index1"><i>Amendment</i> XIV, construed by Supreme Court in U.S. v. Harris, <a href="#Page_275">275</a>, <a href="#Page_358">358</a>,</p>
+<p class="index1">and in Civil Rights Cases, <a href="#Page_276">276</a>;</p>
+<p class="index1">prepared and reported by Joint Committee on Reconstruction, <a href="#Page_282">282</a>, <a href="#Page_283">283</a>;</p>
+<p class="index1">provisions of, <a href="#Page_283">283</a>;</p>
+<p class="index1">passes both houses, <a href="#Page_283">283</a>;</p>
+<p class="index1">history of framing of, <a href="#Page_284">284</a> <i>n.</i>;</p>
+<p class="index1">Southern States refuse to ratify, and why, <a href="#Page_287">287</a>;</p>
+<p class="index1">and the power of Congress to enforce ordinary civil law in the states, <a href="#Page_356">356</a>, <a href="#Page_357">357</a>, <a href="#Page_358">358</a>.</p>
+<p class="index1"><i>Amendment</i> XV, construed by Supreme Court in U.S. <i>v.</i> Harris, <a href="#Page_276">276</a>, <a href="#Page_358">358</a>;</p>
+<p class="index1">history of, <a href="#Page_338">338</a>-<a href="#Page_340">340</a>;</p>
+<p class="index1">passed by Congress, <a href="#Page_339">339</a>;</p>
+<p class="index1">text of, <a href="#Page_340">340</a>;</p>
+<p class="index1">ratified by States, <a href="#Page_340">340</a>.</p>
+<p><span class="pagenum"><a id="Page_439">[439]</a></span></p>
+<p class="index">"Convention party," the, attempts to amend Illinois constitution to legalize slavery, <a href="#Page_25">25</a>, <a href="#Page_26">26</a>; defeat of, <a href="#Page_27">27</a>.</p>
+<p class="index">Cook, Burton C., <a href="#Page_41">41</a>, <a href="#Page_43">43</a>, <a href="#Page_45">45</a>, <a href="#Page_46">46</a> <i>n.</i>, <a href="#Page_93">93</a>.</p>
+<p class="index">Cook, Daniel P., in the "anti-convention" contest, <a href="#Page_27">27</a>, <a href="#Page_28">28</a>;</p>
+<p class="index1">Cook County, Ill., named for, <a href="#Page_27">27</a>.</p>
+<p class="index">Cooper Union, Liberal Republican meeting at, <a href="#Page_376">376</a>, <a href="#Page_377">377</a>.</p>
+<p class="index">Copperheadism, Vallandigham the incarnation of, <a href="#Page_203">203</a>.</p>
+<p class="index">Corbett, Henry W., Senator, <a href="#Page_314">314</a>.</p>
+<p class="index">Corning, Erastus, <a href="#Page_205">205</a>.</p>
+<p class="index">Corwin, Thomas, Congressman, <a href="#Page_112">112</a>, <a href="#Page_117">117</a>.</p>
+<p class="index">Cotton-gin, results of invention of, <a href="#Page_xxxii">xxxii</a>.</p>
+<p class="index">Cowan, Edgar, Senator, attacks T.'s Confiscation bill, <a href="#Page_173">173</a>;</p>
+<p class="index1">his great speech in favor of <i>habeas corpus</i> suspension act, <a href="#Page_201">201</a>;</p>
+<p class="index1">on Civil Rights bill, <a href="#Page_269">269</a>, <a href="#Page_271">271</a>, <a href="#Page_272">272</a>; <a href="#Page_146">146</a>, <a href="#Page_261">261</a>, <a href="#Page_262">262</a>, <a href="#Page_285">285</a>, <a href="#Page_286">286</a>, <a href="#Page_323">323</a>.</p>
+<p class="index">Cox, Jacob D., appointed Secretary of Interior, <a href="#Page_337">337</a>, <a href="#Page_338">338</a>;</p>
+<p class="index1">why he resigned, <a href="#Page_349">349</a>, <a href="#Page_350">350</a>; <a href="#Page_353">353</a>, <a href="#Page_373">373</a>.</p>
+<p class="index">Cr&eacute;dit-Mobilier scandal, the, <a href="#Page_401">401</a>, <a href="#Page_402">402</a>.</p>
+<p class="index">Cresswell, John A. J., appointed Postmaster General, <a href="#Page_337">337</a>.</p>
+<p class="index">Crittenden, John J., Senator, his compromise measure, debated and rejected by Senate, <a href="#Page_115">115</a>-<a href="#Page_117">117</a>; <a href="#Page_48">48</a>, <a href="#Page_60">60</a>, <a href="#Page_66">66</a>.</p>
+<p class="index">Crittenden Compromise, debated, <a href="#Page_115">115</a>, <a href="#Page_116">116</a>;</p>
+<p class="index1">T's speech against, <a href="#Page_115">115</a>, <a href="#Page_123">123</a>-<a href="#Page_138">138</a>;</p>
+<p class="index1">rejected by Senate, <a href="#Page_117">117</a>;</p>
+<p class="index1">letters to T. from Illinoisans concerning, <a href="#Page_117">117</a>-<a href="#Page_119">119</a>.</p>
+<p class="index">Cullom, Shelby M., Senator, quoted, <a href="#Page_293">293</a>;</p>
+<p class="index1">defeats T. for governor of Ill., <a href="#Page_412">412</a>.</p>
+<p class="index">Cummings, Alexander, one of Cameron's agents, <a href="#Page_143">143</a>, <a href="#Page_178">178</a>;</p>
+<p class="index1">the leading figure in War Dep't scandal, <a href="#Page_178">178</a> <i>ff.</i>;</p>
+<p class="index1">a candidate for office under Johnson, <a href="#Page_181">181</a> <i>n.</i></p>
+<p class="index">Curry, J. L. M., letter of, to Doolittle, as to Southern views, <a href="#Page_255">255</a>, <a href="#Page_256">256</a>.</p>
+<p class="index">Curtin, Andrew G., Governor, vote for in Cincinnati Convention, <a href="#Page_383">383</a>; <a href="#Page_106">106</a>, <a href="#Page_144">144</a>, <a href="#Page_374">374</a>, <a href="#Page_377">377</a>, <a href="#Page_378">378</a>.</p>
+<p class="index">Curtis, Benjamin R., of counsel for Pres. Johnson, <a href="#Page_309">309</a>.</p>
+<p class="index">Curtis, George W., <a href="#Page_338">338</a>, <a href="#Page_368">368</a>.</p>
+<p class="index">Curtis Commission on Civil Service Reform, <a href="#Page_376">376</a>.</p>
+<hr class="thin" />
+ <p id="D" class="index">Dabney, Rev. R. L., his account of the Lincoln-Baldwin Interview, <a href="#Page_161">161</a>, <a href="#Page_162">162</a>.</p>
+<p class="index">"Danites." <i>See</i> Buchanan Democrats.</p>
+<p class="index">Darrow, Clarence S., quoted, on T.'s "socialistic trend," <a href="#Page_425">425</a>, <a href="#Page_426">426</a>; <a href="#Page_414">414</a>.</p>
+<p class="index">Davidson, G. C., <a href="#Page_179">179</a>, <a href="#Page_180">180</a>.</p>
+<p class="index">Davis, David, and Cameron's appointment, <a href="#Page_142">142</a> <i>ff.</i>;</p>
+<p class="index1">bargains with delegates from Penn. and Ind., <a href="#Page_142">142</a>, <a href="#Page_429">429</a>;</p>
+<p class="index1">his influence with Lincoln, <a href="#Page_143">143</a> and <i>n.</i>;</p>
+<p class="index1">opinion of, in Milligan case, <a href="#Page_289">289</a>;</p>
+<p class="index1">candidate for Liberal Republican nomination at Cincinnati, <a href="#Page_377">377</a>, <a href="#Page_378">378</a>;</p>
+<p class="index1">his candidacy objected to by editors, <a href="#Page_380">380</a>, <a href="#Page_381">381</a>;</p>
+<p class="index1">and the Electoral Commission (1877), <a href="#Page_409">409</a>; <a href="#Page_178">178</a>, <a href="#Page_384">384</a>.</p>
+<p class="index">Davis, Garrett, Senator, on Civil Rights bill, <a href="#Page_270">270</a>; <a href="#Page_161">161</a>, <a href="#Page_234">234</a>.</p>
+<p class="index">Davis, Henry Winter, Congressman, opposes Lincoln's re&euml;lection, <a href="#Page_220">220</a>.</p>
+<p class="index">Davis, Jefferson, and "Squatter Sovereignty," <a href="#Page_94">94</a>, <a href="#Page_95">95</a>;</p>
+<p class="index1">his resolutions aimed at Douglas's nomination, <a href="#Page_95">95</a>;</p>
+<p class="index1">not a hothead, <a href="#Page_110">110</a>;</p>
+<p class="index1">his speech of Jan. 10, 1861, <a href="#Page_110">110</a>;</p>
+<p class="index1">his last speeches in Senate, <a href="#Page_114">114</a>, <a href="#Page_115">115</a>;</p>
+<p class="index1">his farewell speech, <a href="#Page_121">121</a>;</p>
+<p class="index1">his Rise and <i>Fall of the Confederate States</i>, <a href="#Page_123">123</a> <i>n.</i>; <a href="#Page_83">83</a>.</p>
+<p class="index">Dawes, Henry L., Congressman, on purchases of cavalry horses, <a href="#Page_182">182</a>, <a href="#Page_183">183</a>;</p>
+<p class="index1">on corruption in government service, <a href="#Page_184">184</a>;</p>
+<p class="index1">replies to Cameron's statement to Hamlin, <a href="#Page_188">188</a>, <a href="#Page_189">189</a>; <a href="#Page_304">304</a>, <a href="#Page_354">354</a>.</p>
+<p class="index">Dayton, William L., Senator, <a href="#Page_69">69</a>, <a href="#Page_142">142</a>.</p>
+<p class="index">Debs, Eugene V., and the Pullman strike, <a href="#Page_413">413</a>-<a href="#Page_415">415</a>;</p>
+<p class="index1">T. counsel for, <a href="#Page_414">414</a>, <a href="#Page_415">415</a>.</p>
+<p class="index">Delahay, M. W., opposition to his appointment as district judge, <a href="#Page_213">213</a>, <a href="#Page_214">214</a>;</p>
+<p class="index1">appointed, impeached, and resigns, <a href="#Page_214">214</a>; <a href="#Page_100">100</a>, <a href="#Page_101">101</a> and <i>n.</i></p>
+<p class="index">Dement, Isaac T., on affairs in Kansas, <a href="#Page_53">53</a>.</p>
+<p class="index">Democratic National Convention at Baltimore (1860), nominates Douglas, <a href="#Page_96">96</a>;</p>
+<p class="index1">Southern delegates secede from, <a href="#Page_96">96</a>; 107;</p>
+<p class="index1">(1872) adopts platform and candidate of Liberal Republicans, <a href="#Page_394">394</a>.</p>
+<p class="index">Democratic party, in North, split by Kansas-Nebraska bill, <a href="#Page_37">37</a>.</p>
+<p class="index">Democrats, condemn suspension of habeas corpus and arbitrary arrests, <a href="#Page_194">194</a>, <a href="#Page_197">197</a>;</p>
+<p class="index1">in Senate, oppose habeas corpus suspension bill, <a href="#Page_198">198</a>, <a href="#Page_199">199</a>,</p>
+<p class="index3">and filibuster against it, <a href="#Page_200">200</a>-<a href="#Page_203">203</a>;</p>
+<p class="index1">in North, protest against Vallandigham's trial and sentence, <a href="#Page_205">205</a>;</p>
+<p class="index1">in Congress, oppose 13th Amendment, <a href="#Page_228">228</a>,</p>
+<p class="index2">but not unanimously, <a href="#Page_228">228</a> <i>n.</i>;</p>
+<p class="index1">union of, with Liberal Republicans, suggested by M. D. Sands, <a href="#Page_353">353</a>;</p>
+<p class="index1">sympathy of, with that movement, <a href="#Page_372">372</a> <i>ff.</i>, <a href="#Page_379">379</a>;</p>
+<p class="index1">dissentient (in 1872), nominate O'Conor and Adams, <a href="#Page_394">394</a>.</p>
+<p class="index">Denver, John A., appointed Governor of Kansas, <a href="#Page_73">73</a>.</p>
+<p class="index">Develin, John E., <a href="#Page_179">179</a>.</p>
+<p class="index">Dexter, Wirt, <a href="#Page_208">208</a>.</p>
+<p class="index">Dickens, Charles, describes Belleville, Ill., in <i>American Notes</i>, <a href="#Page_14">14</a>, <a href="#Page_15">15</a>.</p>
+<p class="index">Disfranchisement, chief cause of bad conditions in South, <a href="#Page_356">356</a>.</p>
+<p class="index">Dixon, Archibald, Senator, and repeal of Missouri Compromise, <a href="#Page_34">34</a>; <a href="#Page_49">49</a>.</p>
+<p class="index">Dixon, James, Senator, opposes inquiry as to arbitrary arrests, <a href="#Page_192">192</a>, <a href="#Page_193">193</a>;</p>
+<p class="index1">his vote</p>
+<p><span class="pagenum"><a id="Page_440">[440]</a></span></p>
+<p class="index1">against Impeachment, <a href="#Page_323">323</a>; <a href="#Page_247">247</a>, <a href="#Page_261">261</a>, <a href="#Page_264">264</a>, <a href="#Page_265">265</a>, <a href="#Page_285">285</a>, <a href="#Page_313">313</a>.</p>
+<p class="index">Dodge, Augustus C., Senator, <a href="#Page_35">35</a>.</p>
+<p class="index">Dodge, Grenville M., General, <a href="#Page_227">227</a>, <a href="#Page_334">334</a> <i>n.</i>, <a href="#Page_394">394</a>.</p>
+<p class="index">Dodge, William E., <a href="#Page_365">365</a>.</p>
+<p class="index">Doolittle, James R., Senator, on Tenure-of-Office bill, <a href="#Page_303">303</a>;</p>
+<p class="index1">his vote against impeachment, <a href="#Page_323">323</a>;</p>
+<p class="index1">his resignation demanded, <a href="#Page_323">323</a>; <a href="#Page_150">150</a>, <a href="#Page_194">194</a>, <a href="#Page_220">220</a>, <a href="#Page_233">233</a>, <a href="#Page_247">247</a>, <a href="#Page_261">261</a>, <a href="#Page_273">273</a> <i>n.</i>, <a href="#Page_285">285</a>, <a href="#Page_313">313</a>, <a href="#Page_329">329</a>, <a href="#Page_419">419</a>, <a href="#Page_423">423</a>.</p>
+<p class="index">Dougherty, John, <a href="#Page_18">18</a>, <a href="#Page_89">89</a>, <a href="#Page_90">90</a>.</p>
+<p class="index">Douglas, Robert M., <a href="#Page_32">32</a> <i>n.</i></p>
+<p class="index">Douglas, Stephen A., appointed to Ill. Supreme Court, <a href="#Page_10">10</a>;</p>
+<p class="index1">elected U. S. Senator, <a href="#Page_19">19</a>;</p>
+<p class="index1">his early career, <a href="#Page_32">32</a> and <i>n.</i>, <a href="#Page_33">33</a>;</p>
+<p class="index1">his position in the Democratic party, <a href="#Page_33">33</a>;</p>
+<p class="index1">his personal appearance, <a href="#Page_33">33</a>;</p>
+<p class="index1">his talents and character, <a href="#Page_33">33</a>;</p>
+<p class="index1">reports Nebraska bill, <a href="#Page_33">33</a>;</p>
+<p class="index1">accepts Dixon Amendment repealing Missouri Compromise, <a href="#Page_34">34</a>;</p>
+<p class="index1">offers amendment dividing the territory, <a href="#Page_34">34</a>;</p>
+<p class="index1">his reasons, <a href="#Page_35">35</a>,</p>
+<p class="index2">and why not convincing, <a href="#Page_35">35</a>, <a href="#Page_36">36</a>;</p>
+<p class="index1">not a pro-slavery man, <a href="#Page_36">36</a>;</p>
+<p class="index1">his reasons for repealing Missouri Compromise, <a href="#Page_36">36</a>, <a href="#Page_37">37</a>;</p>
+<p class="index1">Lincoln's reply to his Springfield speech (1854), <a href="#Page_39">39</a>, <a href="#Page_40">40</a> and <i>n.</i>;</p>
+<p class="index1">and the senatorial election of 1854, <a href="#Page_46">46</a> <i>n.</i>;</p>
+<p class="index1">his report on affairs in Kansas, <a href="#Page_55">55</a>;</p>
+<p class="index1">attached by T., <a href="#Page_56">56</a>;</p>
+<p class="index1">his sophistry, <a href="#Page_57">57</a>, <a href="#Page_58">58</a>, <a href="#Page_62">62</a>;</p>
+<p class="index1">his debate with T., <a href="#Page_59">59</a> <i>ff.</i>;</p>
+<p class="index1">declares T. not a Democrat, <a href="#Page_60">60</a>, <a href="#Page_66">66</a>;</p>
+<p class="index1">further debate with T. on Kansas, <a href="#Page_63">63</a> <i>ff.</i>;</p>
+<p class="index1">T. a match for, in debate, <a href="#Page_65">65</a>, <a href="#Page_66">66</a>;</p>
+<p class="index1">denounces Cabinet conspiracy regarding referendum on Lecompton Constitution, <a href="#Page_72">72</a>, <a href="#Page_73">73</a>;</p>
+<p class="index1">his motion for that action, <a href="#Page_74">74</a>, <a href="#Page_75">75</a>;</p>
+<p class="index1">his anti-Lecompton speech, <a href="#Page_77">77</a>, <a href="#Page_78">78</a>;</p>
+<p class="index1">for the first time, opposes wishes of South, <a href="#Page_77">77</a>;</p>
+<p class="index1">was he sincere? <a href="#Page_77">77</a>, <a href="#Page_78">78</a>;</p>
+<p class="index1">his lack of principle, <a href="#Page_78">78</a>;</p>
+<p class="index1">contemplates alliance with Republicans, <a href="#Page_78">78</a>-<a href="#Page_80">80</a>;</p>
+<p class="index1">opposes English bill for admission of Kansas, <a href="#Page_84">84</a>;</p>
+<p class="index1">his attitude toward slavery, <a href="#Page_78">78</a>, <a href="#Page_86">86</a>;</p>
+<p class="index1">his aid indispensable in defeating Lecompton bill, <a href="#Page_86">86</a>;</p>
+<p class="index1">appeals to imagination of Eastern Republicans, <a href="#Page_86">86</a>;</p>
+<p class="index1">distrusted by Republicans of Ill., <a href="#Page_86">86</a>-<a href="#Page_88">88</a>, <a href="#Page_91">91</a>, <a href="#Page_92">92</a>;</p>
+<p class="index1">his instability, <a href="#Page_88">88</a>;</p>
+<p class="index1">his campaign for re&euml;lection in 1858, <a href="#Page_89">89</a> <i>ff.</i>;</p>
+<p class="index1">his health impaired, <a href="#Page_89">89</a>;</p>
+<p class="index1">reaffirms doctrine of Squatter Sovereignty, <a href="#Page_94">94</a>;</p>
+<p class="index1">answered by J. Davis, <a href="#Page_95">95</a>;</p>
+<p class="index1">his speech of May 1860, <a href="#Page_15">15</a>, <a href="#Page_95">95</a>;</p>
+<p class="index1">answered by Benjamin, <a href="#Page_95">95</a>, <a href="#Page_96">96</a>;</p>
+<p class="index1">nominated for President at Charleston, and by one faction at Baltimore, <a href="#Page_96">96</a>;</p>
+<p class="index1">favors Crittenden Compromise, <a href="#Page_116">116</a>;</p>
+<p class="index1">his views on causes of disunion, <a href="#Page_116">116</a>, <a href="#Page_117">117</a>;</p>
+<p class="index1">his last days devoted to the Union, <a href="#Page_152">152</a>, <a href="#Page_153">153</a>;</p>
+<p class="index1">speaks to Ill. legislature, <a href="#Page_153">153</a>;</p>
+<p class="index1">his influence alone saves Southern Ill., <a href="#Page_153">153</a>;</p>
+<p class="index1">his death, <a href="#Page_153">153</a>;</p>
+<p class="index1">T.'s eulogy of, <a href="#Page_153">153</a>, <a href="#Page_154">154</a>;</p>
+<p class="index1">G. Welles's account of his attitude in 1861,</p>
+<p class="index2">and his interview with Seward, <a href="#Page_163">163</a>, <a href="#Page_164">164</a>; <a href="#Page_42">42</a>, <a href="#Page_47">47</a>, <a href="#Page_49">49</a>, <a href="#Page_76">76</a>, <a href="#Page_85">85</a>, <a href="#Page_100">100</a>, <a href="#Page_104">104</a>, <a href="#Page_107">107</a>, <a href="#Page_108">108</a>, <a href="#Page_169">169</a>, <a href="#Page_427">427</a>.</p>
+<p class="index">Douglass, Frederick, <a href="#Page_236">236</a>, <a href="#Page_237">237</a>.</p>
+<p class="index">Drake, Charles D., Senator, <a href="#Page_296">296</a>, <a href="#Page_298">298</a>, <a href="#Page_352">352</a>.</p>
+<p class="index">Dred Scott case, opinion of Supreme Court, criticized by T., <a href="#Page_82">82</a>; <a href="#Page_64">64</a>.</p>
+<p class="index">Drummond, Thomas, Justice, enjoins executor of Burnside's order against Chicago <i>Times</i>, <a href="#Page_206">206</a>;</p>
+<p class="index1">his order disregarded, <a href="#Page_207">207</a>; <a href="#Page_10">10</a>, <a href="#Page_208">208</a>, <a href="#Page_427">427</a>.</p>
+<p class="index">Dubois, Jesse K., quoted, <a href="#Page_79">79</a>, <a href="#Page_87">87</a>, <a href="#Page_216">216</a>, <a href="#Page_217">217</a>; <a href="#Page_213">213</a>, <a href="#Page_375">375</a>.</p>
+<p class="index">Duncan, Joseph, Governor, <a href="#Page_11">11</a>.</p>
+<p class="index">Dunning, William A., his <i>Reconstruction</i>, quoted, <a href="#Page_274">274</a>, <a href="#Page_321">321</a> <i>n.</i>; <a href="#Page_244">244</a>.</p>
+<p class="index">Durell, Edward H., Justice, and the contested election in Louisiana, <a href="#Page_404">404</a>.</p>
+<p class="index">Durkee, Charles, Senator, <a href="#Page_150">150</a>.</p>
+<p class="index">Dyer, Thomas, <a href="#Page_91">91</a>.</p>
+<hr class="thin" />
+ <p id="E" class="index">Eaton, Major, <a href="#Page_178">178</a>.</p>
+<p class="index">Edmunds, George F., Senator, <a href="#Page_339">339</a>, <a href="#Page_346">346</a>, <a href="#Page_358">358</a>, <a href="#Page_363">363</a>.</p>
+<p class="index">Edwards, Ninian, Governor, <a href="#Page_11">11</a>, <a href="#Page_45">45</a>.</p>
+<p class="index">Electoral Commission (1877), composition of, <a href="#Page_409">409</a>;</p>
+<p class="index1">decision of, <a href="#Page_410">410</a>, <a href="#Page_411">411</a>;</p>
+<p class="index1">its purpose, "not to do justice between man and man, but to save the Republic," <a href="#Page_411">411</a>.</p>
+<p class="index">Eliot, Thomas D., <a href="#Page_172">172</a>.</p>
+<p class="index">Ellsworth, Oliver, xxii <i>n.</i></p>
+<p class="index">Emancipation, Seward on actual date of, <a href="#Page_222">222</a>;</p>
+<p class="index1">doubt regarding President's power in relation to, <a href="#Page_222">222</a>, <a href="#Page_223">223</a>.</p>
+<p class="index1"><i>And see</i> Slavery, Slaves.</p>
+<p class="index">Emancipation movement, history of, <a href="#Page_xxviii">xxviii</a>.</p>
+<p class="index">Emancipation Proclamation, issued, <a href="#Page_200">200</a>;</p>
+<p class="index1">distasteful to Democrats, <a href="#Page_200">200</a>;</p>
+<p class="index1">force and extent of, <a href="#Page_222">222</a>;</p>
+<p class="index1">doubt as to its legal effect, <a href="#Page_229">229</a>, <a href="#Page_230">230</a>.</p>
+<p class="index">Embargo, the, <a href="#Page_xxiv">xxiv</a>.</p>
+<p class="index">Emerson, Dr., Dred Scott's master, <a href="#Page_82">82</a>.</p>
+<p class="index">Emigrant Aid Co. (Worcester), <a href="#Page_50">50</a>, <a href="#Page_59">59</a> <i>n.</i></p>
+<p class="index">Emigrant Aid societies, <a href="#Page_59">59</a> <i>n.</i></p>
+<p class="index">Emory, William H., General. 9th article of impeachment based on alleged conversation of Johnson with, <a href="#Page_310">310</a>.</p>
+<p class="index">England, mission to, offered to T., <a href="#Page_347">347</a>, <a href="#Page_348">348</a>,</p>
+<p class="index2">and declined, <a href="#Page_348">348</a>;</p>
+<p class="index1">T.'s speech on claims against, <a href="#Page_348">348</a>, <a href="#Page_349">349</a>;</p>
+<p class="index1">and demands surrender of Mason and Slidell, <a href="#Page_349">349</a> and <i>n.</i></p>
+<p class="index">English, William H., Congressman, his bill for admission of Kansas, passed by Congress, <a href="#Page_83">83</a>, <a href="#Page_84">84</a>,</p>
+<p class="index1">but rejected by people, <a href="#Page_84">84</a>.</p>
+<p class="index">Equal Rights Act (1875) held unconstitutional by Supreme Court, <a href="#Page_275">275</a>.</p>
+<p class="index">Europe, and Lincoln's death, <a href="#Page_231">231</a>.</p>
+<p><span class="pagenum"><a id="Page_441">[441]</a></span></p>
+<p class="index">Evarts, William M., of counsel for Pres. Johnson, <a href="#Page_309">309</a>.</p>
+<hr class="thin" />
+ <p id="F" class="index">Farragut, David G., Admiral, <a href="#Page_221">221</a>.</p>
+<p class="index">Federalist party, <a href="#Page_xxiii">xxiii</a>.</p>
+<p class="index">Fenton, Reuben E., <a href="#Page_386">386</a>, <a href="#Page_390">390</a>.</p>
+<p class="index">Fessenden, William P., Senator, Chairman of Reconstruction Committee, <a href="#Page_281">281</a>, <a href="#Page_282">282</a>;</p>
+<p class="index1">opposes conviction of Johnson, <a href="#Page_313">313</a>;</p>
+<p class="index1">abused by radicals, <a href="#Page_313">313</a>;</p>
+<p class="index1">"read out" of Republican party, <a href="#Page_324">324</a>;</p>
+<p class="index1">called upon to resist Greenback heresy in Maine, <a href="#Page_324">324</a>;</p>
+<p class="index1">his death and character, <a href="#Page_324">324</a>;</p>
+<p class="index1">T's eulogy of, <a href="#Page_324">324</a>, <a href="#Page_325">325</a>; <a href="#Page_82">82</a>, <a href="#Page_83">83</a>, <a href="#Page_89">89</a>, <a href="#Page_102">102</a>, <a href="#Page_168">168</a>, <a href="#Page_194">194</a>, <a href="#Page_202">202</a>, <a href="#Page_287">287</a>, <a href="#Page_292">292</a>, <a href="#Page_316">316</a>, <a href="#Page_317">317</a>, <a href="#Page_335">335</a>.</p>
+<p class="index">Field, Alexander P., <a href="#Page_11">11</a>.</p>
+<p class="index">Field, D. D., <a href="#Page_147">147</a>.</p>
+<p class="index">Field, Stephen J., Justice, <a href="#Page_275">275</a>, <a href="#Page_289">289</a>, <a href="#Page_409">409</a>.</p>
+<p class="index">Fillmore, Millard, candidate for Pres., in 1856, <a href="#Page_70">70</a>; <a href="#Page_92">92</a>, <a href="#Page_108">108</a>.</p>
+<p class="index">Finkelnburg, Gustavus A., Congressman, <a href="#Page_354">354</a>.</p>
+<p class="index">Fish, Hamilton, appointed Secretary of State, <a href="#Page_335">335</a>;</p>
+<p class="index1">letter of, to T., offering English mission, <a href="#Page_347">347</a>, <a href="#Page_348">348</a>; <a href="#Page_362">362</a>.</p>
+<p class="index">Flack, Horace E., history of the 14th Amendment, <a href="#Page_284">284</a> <i>n.</i></p>
+<p class="index">Florida, and the 13th Amendment, <a href="#Page_229">229</a>;</p>
+<p class="index1">order for reconstruction of, <a href="#Page_238">238</a>;</p>
+<p class="index1">disputed returns from (1876), <a href="#Page_408">408</a> <i>ff.</i></p>
+<p class="index">Flournoy, Charles G., <a href="#Page_212">212</a>.</p>
+<p class="index">Floyd, John B., Secretary of War, resigns, <a href="#Page_128">128</a>; <a href="#Page_130">130</a>.</p>
+<p class="index">Fogg, George G., <a href="#Page_144">144</a>, <a href="#Page_146">146</a>.</p>
+<p class="index">Foot, Solomon, Senator, <a href="#Page_168">168</a>, <a href="#Page_261">261</a>, <a href="#Page_263">263</a>.</p>
+<p class="index">Ford, Thomas, historian of Ill., quoted, <a href="#Page_11">11</a>;</p>
+<p class="index1">as governor, requests T.'s resignation as Secretary of State, <a href="#Page_12">12</a> and <i>n.</i>, <a href="#Page_13">13</a>; <a href="#Page_18">18</a>.</p>
+<p class="index">Foreign Relations, Senate Committee on, reorganization of, to punish Sumner, <a href="#Page_343">343</a>-<a href="#Page_347">347</a>.</p>
+<p class="index">"Forever," meaning of, in Missouri Compromise Act, <a href="#Page_62">62</a>, <a href="#Page_63">63</a> <i>n.</i></p>
+<p class="index">Forney, John W., <a href="#Page_300">300</a>, <a href="#Page_342">342</a>.</p>
+<p class="index">Forsyth, John, Senator, <a href="#Page_xxvii">xxvii</a>, <a href="#Page_156">156</a>.</p>
+<p class="index">Foster, Lafayette S., Senator, <a href="#Page_189">189</a>, <a href="#Page_273">273</a>.</p>
+<p class="index">Fouke, Philip B., <a href="#Page_38">38</a>.</p>
+<p class="index">Fowler, Joseph S., Senator, <a href="#Page_285">285</a>, <a href="#Page_314">314</a>, <a href="#Page_316">316</a>, <a href="#Page_317">317</a>.</p>
+<p class="index">Free-silver, T. a believer in, <a href="#Page_413">413</a>.</p>
+<p class="index">Free Soilers, in 1854, <a href="#Page_40">40</a>;</p>
+<p class="index1">nucleus of the Republican party, <a href="#Page_41">41</a>.</p>
+<p class="index">Free State men, in minority in Kansas in 1855, <a href="#Page_49">49</a>, <a href="#Page_51">51</a>;</p>
+<p class="index1">convention of, <a href="#Page_55">55</a>;</p>
+<p class="index1">refuse to take part in election of constitutional convention, <a href="#Page_71">71</a>, <a href="#Page_72">72</a>;</p>
+<p class="index1">elect majority of territorial legislature, <a href="#Page_72">72</a>.</p>
+<p class="index">Free trade, meaning of, in 1871, <a href="#Page_355">355</a>.</p>
+<p class="index">Freedmen's Bureau, powers of, <a href="#Page_257">257</a>, <a href="#Page_258">258</a>.</p>
+<p class="index">Freedmen's Bureau bill, introduced by T., <a href="#Page_257">257</a>;</p>
+<p class="index1">provisions of, <a href="#Page_257">257</a>, <a href="#Page_258">258</a>;</p>
+<p class="index1">vetoed by Johnson, <a href="#Page_260">260</a>, <a href="#Page_261">261</a>;</p>
+<p class="index1">fails to pass Senate over veto, <a href="#Page_261">261</a>;</p>
+<p class="index1">T.'s course on, <a href="#Page_423">423</a>.</p>
+<p class="index">Freeport, Ill., joint debate between Lincoln and Douglas at, <a href="#Page_94">94</a> <i>n.</i>, <a href="#Page_96">96</a>.</p>
+<p class="index">Frelinghuysen, Frederick T., Senator, <a href="#Page_314">314</a>, <a href="#Page_316">316</a>, <a href="#Page_347">347</a> <i>n.</i></p>
+<p class="index">Fr&eacute;mont, John C, Republican nominee for Pres., <a href="#Page_69">69</a>;</p>
+<p class="index1">his defeat fortunate for the country, <a href="#Page_70">70</a>;</p>
+<p class="index1">candidate for nomination in 1860, <a href="#Page_103">103</a>;</p>
+<p class="index1">his order emancipating slaves revoked by Lincoln, <a href="#Page_169">169</a>, <a href="#Page_170">170</a>, <a href="#Page_171">171</a>;</p>
+<p class="index1">nominated for Pres. by Anti-Lincoln Republicans (1864), <a href="#Page_219">219</a>, <a href="#Page_220">220</a>;</p>
+<p class="index1">withdrawn, <a href="#Page_220">220</a>;</p>
+<p class="index1">connection between his withdrawal and Mr. Blair's retirement, <a href="#Page_220">220</a> and <i>n.</i>; <a href="#Page_141">141</a>, <a href="#Page_194">194</a>.</p>
+<p class="index">French, Augustus C, Governor, <a href="#Page_18">18</a>.</p>
+<p class="index">French Revolution, effect of, on parties in U. S., <a href="#Page_xxiii">xxiii</a>.</p>
+<p class="index">Fugitive Slave Law, <a href="#Page_114">114</a>.</p>
+<hr class="thin" />
+ <p id="G" class="index">Galloway, Samuel, quoted, <a href="#Page_75">75</a>;</p>
+<p class="index1">letter to T. on Republican grievances against Grant, <a href="#Page_371">371</a>.</p>
+<p class="index">Garfield, James A., General, <a href="#Page_412">412</a>.</p>
+<p class="index">Garrison, William L., his crusade mistakenly interpreted at the south, <a href="#Page_xxxiii">xxxiii</a>;</p>
+<p class="index1">supports Lincoln's reconstruction plan, <a href="#Page_235">235</a>, <a href="#Page_236">236</a>; <a href="#Page_388">388</a>.</p>
+<p class="index">Gary, Mrs. F. C., letter of, to T., <a href="#Page_278">278</a>,</p>
+<p class="index1">and his reply, <a href="#Page_279">279</a>.</p>
+<p class="index">Gaston, William, Judge, <a href="#Page_270">270</a>.</p>
+<p class="index">Geary, John W., Governor, <a href="#Page_53">53</a>, <a href="#Page_72">72</a>.</p>
+<p class="index">"General order" system in N. Y. custom-house, <a href="#Page_364">364</a> <i>ff.</i></p>
+<p class="index">Genius of Universal Emancipation, the, <a href="#Page_xxxi">xxxi</a>.</p>
+<p class="index">Georgia, and Garrison, <a href="#Page_xxxi">xxxi</a>;</p>
+<p class="index1">order for reconstruction of, <a href="#Page_238">238</a>;</p>
+<p class="index1">re-reconstruction of, <a href="#Page_297">297</a>-<a href="#Page_300">300</a>;</p>
+<p class="index1">status of negroes in, <a href="#Page_298">298</a>;</p>
+<p class="index1">bill for reorganization of, <a href="#Page_298">298</a>, <a href="#Page_299">299</a>;</p>
+<p class="index1">T.'s attitude on treatment of, <a href="#Page_298">298</a>, <a href="#Page_299">299</a>, <a href="#Page_300">300</a>.</p>
+<p class="index">German vote, the, and the Republican nomination in 1860, <a href="#Page_103">103</a>.</p>
+<p class="index">Germans in St. Clair county, Ill., <a href="#Page_38">38</a>.</p>
+<p class="index">Gettysburg, battle of, and its effect on Vallandigham's ambition, <a href="#Page_206">206</a>.</p>
+<p class="index">Gillespie, Joseph, <a href="#Page_10">10</a>.</p>
+<p class="index">Gilman, Winthrop S., <a href="#Page_9">9</a>.</p>
+<p class="index">Godkin, Edwin L., quoted, <a href="#Page_381">381</a>, <a href="#Page_382">382</a>;</p>
+<p class="index1">refuses to support Greeley, <a href="#Page_385">385</a>;</p>
+<p class="index1">deprecates Schurz's contrary decision, <a href="#Page_392">392</a>, <a href="#Page_393">393</a>;</p>
+<p class="index1">and Greeley's defeat, <a href="#Page_404">404</a>; <a href="#Page_353">353</a>.</p>
+<p class="index">Godwin, Parke, quoted, against Greeley, <a href="#Page_393">393</a>.</p>
+<p class="index">Goodrich, Grant, quoted, <a href="#Page_119">119</a>.</p>
+<p class="index">Government bonds, falling off in subscriptions to, in autumn of 1861, <a href="#Page_170">170</a>.</p>
+<p class="index">Government contracts, House committee on, <a href="#Page_178">178</a> <i>ff.</i>;</p>
+<p class="index1">censures T. A. Scott, <a href="#Page_184">184</a>, <a href="#Page_185">185</a>.</p>
+<p><span class="pagenum"><a id="Page_442">[442]</a></span></p>
+<p class="index">Gowdy, W. C., <a href="#Page_40">40</a> <i>n.</i></p>
+<p class="index">"Grandfather clause," the, in constitutions of southern states, <a href="#Page_339">339</a>.</p>
+<p class="index">Grant, Ulysses S., J. M. Palmer on his character and future, <a href="#Page_216">216</a>;</p>
+<p class="index1">his southern tour of inspection, and report, <a href="#Page_252">252</a>, <a href="#Page_253">253</a>, <a href="#Page_254">254</a>;</p>
+<p class="index1">Secretary of War <i>ad interim</i>, <a href="#Page_305">305</a>;</p>
+<p class="index1">retires in favor of Stanton after action of Senate, <a href="#Page_306">306</a>;</p>
+<p class="index1">his correspondence with Johnson, submitted to Reconstruction Committee, <a href="#Page_306">306</a>, <a href="#Page_307">307</a>;</p>
+<p class="index1">his reason for retiring, <a href="#Page_307">307</a>;</p>
+<p class="index1">Johnson on his attitude, <a href="#Page_307">307</a> <i>n.</i>;</p>
+<p class="index1">and the McCardle case, <a href="#Page_327">327</a>;</p>
+<p class="index1">nominated for Pres., and elected, <a href="#Page_332">332</a>, <a href="#Page_333">333</a>;</p>
+<p class="index1">his first cabinet a conglomerate, <a href="#Page_333">333</a>;</p>
+<p class="index1">and Washburne's appointment, <a href="#Page_334">334</a>;</p>
+<p class="index1">his agreement with J. F. Wilson, <a href="#Page_334">334</a>;</p>
+<p class="index1">compels Washburne to resign, <a href="#Page_334">334</a>;</p>
+<p class="index1">appoints Fish, <a href="#Page_335">335</a>;</p>
+<p class="index1">nominates Stewart for Treasury, <a href="#Page_335">335</a>, <a href="#Page_336">336</a>,</p>
+<p class="index2">then Boutwell, <a href="#Page_336">336</a>;</p>
+<p class="index1">his other appointments, <a href="#Page_337">337</a>, <a href="#Page_338">338</a>;</p>
+<p class="index1">his army-headquarters transferred to White House, <a href="#Page_342">342</a>;</p>
+<p class="index1">the San Domingo treaty, and quarrel with Sumner, <a href="#Page_342">342</a> <i>ff.</i>;</p>
+<p class="index1">removes Motley as minister to England, <a href="#Page_347">347</a>, <a href="#Page_348">348</a>;</p>
+<p class="index1">offers English mission to T., <a href="#Page_347">347</a>, <a href="#Page_348">348</a>;</p>
+<p class="index1">and civil-service reform, <a href="#Page_349">349</a>, <a href="#Page_350">350</a>;</p>
+<p class="index1">and Attorney-General Hoar, <a href="#Page_350">350</a>;</p>
+<p class="index1">and the Liberal movement in Mo., <a href="#Page_355">355</a>;</p>
+<p class="index1">shortcomings of his administration, the main cause of Liberal movement, <a href="#Page_361">361</a>;</p>
+<p class="index1">his failings in civil station reviewed, <a href="#Page_361">361</a> <i>ff.</i>;</p>
+<p class="index1">nominated because of his military renown, <a href="#Page_361">361</a>, <a href="#Page_362">362</a>;</p>
+<p class="index1">his great services on two occasions, <a href="#Page_362">362</a>;</p>
+<p class="index1">and the Leet and Stocking case, <a href="#Page_365">365</a> <i>ff.</i>;</p>
+<p class="index1">T. not personally hostile to, <a href="#Page_369">369</a>, <a href="#Page_370">370</a>;</p>
+<p class="index1">Republican dissatisfaction with, <a href="#Page_370">370</a>, <a href="#Page_371">371</a>,</p>
+<p class="index2">and opposition to, <a href="#Page_372">372</a> <i>ff.</i>;</p>
+<p class="index1">Sumner's speech against, <a href="#Page_387">387</a>, <a href="#Page_388">388</a>;</p>
+<p class="index1">his services overlooked by Sumner, <a href="#Page_388">388</a>;</p>
+<p class="index1">compared favorably with Greeley, <a href="#Page_392">392</a>, <a href="#Page_393">393</a>;</p>
+<p class="index1">renominated by Republicans, <a href="#Page_393">393</a>;</p>
+<p class="index1">not personally involved in Cr&eacute;dit-Mobilier scandal, <a href="#Page_401">401</a>;</p>
+<p class="index1">re&euml;lected, <a href="#Page_402">402</a>;</p>
+<p class="index1">and the contest in La., in 1872, <a href="#Page_405">405</a>, <a href="#Page_406">406</a> and <i>n.</i>;</p>
+<p class="index1">his second administration, <a href="#Page_407">407</a>, <a href="#Page_408">408</a>; <a href="#Page_212">212</a>, <a href="#Page_214">214</a>, <a href="#Page_215">215</a>, <a href="#Page_226">226</a>, <a href="#Page_227">227</a>, <a href="#Page_236">236</a> and <i>n.</i>, <a href="#Page_240">240</a>, <a href="#Page_308">308</a>, <a href="#Page_309">309</a>, <a href="#Page_330">330</a>, <a href="#Page_384">384</a>, <a href="#Page_408">408</a>, <a href="#Page_411">411</a>, <a href="#Page_420">420</a>.</p>
+<p class="index">Gray, Horace, <a href="#Page_275">275</a>.</p>
+<p class="index">Gray, Robert A., <a href="#Page_161">161</a>.</p>
+<p class="index">Greeley, Horace, "puffs" Douglas, <a href="#Page_80">80</a>, <a href="#Page_91">91</a>, <a href="#Page_92">92</a>;</p>
+<p class="index1">candidate for Liberal Republican nomination, <a href="#Page_377">377</a>;</p>
+<p class="index1">his career and character, <a href="#Page_378">378</a>;</p>
+<p class="index1">editorial attitude toward his candidacy, <a href="#Page_381">381</a>;</p>
+<p class="index1">Brown withdraws in his favor, <a href="#Page_382">382</a>, <a href="#Page_383">383</a>;</p>
+<p class="index1">nominated, <a href="#Page_384">384</a>;</p>
+<p class="index1">effect of his nomination, <a href="#Page_384">384</a> <i>ff.</i>;</p>
+<p class="index1">Godkin and Bryant refuse to support, <a href="#Page_385">385</a>;</p>
+<p class="index1">T.'s letter in favor of, <a href="#Page_386">386</a>, <a href="#Page_387">387</a>;</p>
+<p class="index1">author's view of his nomination, <a href="#Page_389">389</a>, <a href="#Page_390">390</a>;</p>
+<p class="index1">refuses Schurz's advice to decline, <a href="#Page_391">391</a>;</p>
+<p class="index1">meeting of Liberal Republicans opposed to, <a href="#Page_391">391</a>, <a href="#Page_392">392</a>;</p>
+<p class="index1">Schurz's attitude toward, <a href="#Page_392">392</a>, <a href="#Page_393">393</a>;</p>
+<p class="index1">nominated by Democrats, <a href="#Page_394">394</a>;</p>
+<p class="index1">supported by T. in the campaign, <a href="#Page_395">395</a> <i>ff.</i>;</p>
+<p class="index1">T.'s tribute to, <a href="#Page_399">399</a>;</p>
+<p class="index1">his failings laid bare, <a href="#Page_400">400</a>;</p>
+<p class="index1">caricature by Nast, <a href="#Page_400">400</a>;</p>
+<p class="index1">on the stump in Ohio, etc., <a href="#Page_400">400</a>;</p>
+<p class="index1">his tariff views, <a href="#Page_401">401</a>;</p>
+<p class="index1">his stumping tour too late, <a href="#Page_401">401</a>;</p>
+<p class="index1">overwhelmingly defeated, <a href="#Page_402">402</a>;</p>
+<p class="index1">fatal effect of defeat on, <a href="#Page_403">403</a>; and <i>n.</i>;</p>
+<p class="index1">his last letter to Schurz, <a href="#Page_403">403</a>;</p>
+<p class="index1">his death, <a href="#Page_403">403</a>;</p>
+<p class="index1">reflections on his fate, <a href="#Page_404">404</a>; <a href="#Page_86">86</a>, <a href="#Page_87">87</a>, <a href="#Page_88">88</a>, <a href="#Page_141">141</a>, <a href="#Page_307">307</a> <i>n.</i>, <a href="#Page_369">369</a>.</p>
+<p class="index">Green, James S., Senator, <a href="#Page_114">114</a>.</p>
+<p class="index">Greene, Francis V., General, quoted, <a href="#Page_227">227</a>.</p>
+<p class="index">Greenville Academy, <a href="#Page_5">5</a>.</p>
+<p class="index">Gregory, S. S., <a href="#Page_414">414</a>.</p>
+<p class="index">Grider, Henry, Congressman, <a href="#Page_281">281</a>.</p>
+<p class="index">Grier, Robert C. Justice Sup. Ct., <a href="#Page_289">289</a>.</p>
+<p class="index">Grimes, James W., Senator, denounces impeachment, <a href="#Page_313">313</a>;</p>
+<p class="index1">censured by radicals, <a href="#Page_313">313</a>;</p>
+<p class="index1">striken with paralysis, but votes against impeachment, <a href="#Page_325">325</a>;</p>
+<p class="index1">"though pure as ice," did not escape calumny, <a href="#Page_326">326</a>;</p>
+<p class="index1">quoted, on Republican corruption, <a href="#Page_341">341</a>;</p>
+<p class="index1">his character, <a href="#Page_341">341</a>; <a href="#Page_150">150</a>, <a href="#Page_165">165</a>, <a href="#Page_166">166</a>, <a href="#Page_168">168</a>, <a href="#Page_189">189</a>, <a href="#Page_202">202</a>, <a href="#Page_281">281</a>, <a href="#Page_287">287</a>, <a href="#Page_316">316</a>, <a href="#Page_317">317</a>, <a href="#Page_338">338</a>.</p>
+<p class="index">Grimshaw, Jackson, quoted, <a href="#Page_213">213</a>.</p>
+<p class="index">Grinnell, Moses H., collector of N. Y., <a href="#Page_364">364</a>;</p>
+<p class="index1">and Leet, <a href="#Page_367">367</a>, <a href="#Page_368">368</a>.</p>
+<p class="index">Groesbeck, William S., of counsel for Johnson, <a href="#Page_309">309</a>; <a href="#Page_372">372</a>.</p>
+<p class="index">Grosvenor, William M., <a href="#Page_352">352</a>, <a href="#Page_353">353</a>, <a href="#Page_382">382</a>, <a href="#Page_383">383</a>.</p>
+<p class="index">Guthrie, James, Senator, <a href="#Page_271">271</a>.</p>
+<hr class="thin" />
+ <p id="H" class="index">Habeas corpus, authority to suspend, given to Scott, <a href="#Page_190">190</a>;</p>
+<p class="index1">discussion of power to suspend, <a href="#Page_191">191</a>, <a href="#Page_194">194</a>;</p>
+<p class="index1">case of Merryman, <a href="#Page_194">194</a>-<a href="#Page_196">196</a>;</p>
+<p class="index1">writ of, denied Vallandigham, <a href="#Page_205">205</a>;</p>
+<p class="index1">suspension of, authorized in Ku-Klux bill of 1871, <a href="#Page_356">356</a>, <a href="#Page_357">357</a>.</p>
+<p class="index">Habeas Corpus Suspension bill, passes House, <a href="#Page_196">196</a>;</p>
+<p class="index1">reported by T. to Senate, but fails to pass, <a href="#Page_197">197</a>;</p>
+<p class="index1">T. offers substitute for, <a href="#Page_198">198</a>,</p>
+<p class="index2">which is opposed by Democrats, <a href="#Page_199">199</a>,</p>
+<p class="index2">but passes Senate, <a href="#Page_199">199</a>;</p>
+<p class="index1">in conference, combined with Stevens's indemnity bill, <a href="#Page_199">199</a>;</p>
+<p class="index1">debated, filibustered against, and passed, <a href="#Page_200">200</a>-<a href="#Page_203">203</a>;</p>
+<p class="index1">characterized, <a href="#Page_203">203</a>;</p>
+<p class="index1">violated by banishment of Vallandigham, <a href="#Page_203">203</a> <i>ff.</i>;</p>
+<p class="index1">and the Milligan case, <a href="#Page_288">288</a>, <a href="#Page_289">289</a>;</p>
+<p class="index1">invoked by McCardle, <a href="#Page_327">327</a>.</p>
+<p class="index">Hahn, Michael, chosen governor of La., under reconstruction, <a href="#Page_232">232</a>, <a href="#Page_233">233</a>.</p>
+<p class="index">Hale, Eugene, Congressman, as a revenue reformer, <a href="#Page_354">354</a>.</p>
+<p class="index">Hale, John P., Senator, speech of, on Kansas affairs, <a href="#Page_65">65</a>; <a href="#Page_xxi">xxi</a>, <a href="#Page_37">37</a>, <a href="#Page_38">38</a>, <a href="#Page_102">102</a>, <a href="#Page_189">189</a>, <a href="#Page_194">194</a>.</p>
+<p class="index">Hall's carbines, fraudulent repurchases of, <a href="#Page_184">184</a>.</p>
+<p class="index">Halleck, Henry W., General, G. Welles on, <a href="#Page_226">226</a>;</p>
+<p class="index1">other opinions of, <a href="#Page_227">227</a>; <a href="#Page_212">212</a>.</p>
+<p><span class="pagenum"><a id="Page_443">[443]</a></span></p>
+<p class="index">Halstead, Murat, <a href="#Page_380">380</a>, <a href="#Page_381">381</a>, <a href="#Page_384">384</a>.</p>
+<p class="index">Hamilton, Alexander, <a href="#Page_xxiii">xxiii</a>.</p>
+<p class="index">Hamlin, Hannibal, Vice-President, <a href="#Page_108">108</a>, <a href="#Page_109">109</a>, <a href="#Page_112">112</a>, <a href="#Page_141">141</a>.</p>
+<p class="index">Hancock, Winfield S., General, <a href="#Page_422">422</a>.</p>
+<p class="index">Hardin, John J., <a href="#Page_10">10</a>, <a href="#Page_427">427</a>.</p>
+<p class="index">Harding, A. C, quoted, <a href="#Page_118">118</a>.</p>
+<p class="index">Harlan, James, Senator, <a href="#Page_150">150</a>, <a href="#Page_189">189</a>, <a href="#Page_320">320</a>, <a href="#Page_338">338</a>, <a href="#Page_366">366</a>, <a href="#Page_419">419</a>.</p>
+<p class="index">Harlan, John M., Justice Sup. Ct., his dissenting opinion in Civil Rights Cases, <a href="#Page_276">276</a>, <a href="#Page_278">278</a>; <a href="#Page_275">275</a>.</p>
+<p class="index">Harper's Ferry, Brown's raid on, <a href="#Page_96">96</a>-<a href="#Page_100">100</a>.</p>
+<p class="index">Harris, Ira, Senator, <a href="#Page_176">176</a>, <a href="#Page_262">262</a>, <a href="#Page_281">281</a>.</p>
+<p class="index">Harris, N. Dwight, <i>Negro Servitude in Illinois</i>, <a href="#Page_29">29</a> and <i>n.</i>; <a href="#Page_30">30</a>, <a href="#Page_31">31</a>;</p>
+<p class="index1">on T., <a href="#Page_31">31</a>.</p>
+<p class="index">Harrison, William H., Governor, favors slavery in Northwest Territory, <a href="#Page_24">24</a>.</p>
+<p class="index">Hartford Convention, <a href="#Page_xxiv">xxiv</a>, <a href="#Page_xxv">xxv</a>.</p>
+<p class="index">Harvey, J. E., divulges purpose to send supplies to Sumter, <a href="#Page_155">155</a> <i>ff.</i>;</p>
+<p class="index1">rewarded by Seward, <a href="#Page_155">155</a>, <a href="#Page_157">157</a>;</p>
+<p class="index1">Republican senators seek his recall from Portugal, <a href="#Page_155">155</a>, <a href="#Page_156">156</a>.</p>
+<p class="index">Hatch, O. M., Secretary of State of Ill., <a href="#Page_87">87</a>, <a href="#Page_213">213</a>.</p>
+<p class="index">Hay, John, his diary, quoted, <a href="#Page_158">158</a>, <a href="#Page_190">190</a>, <a href="#Page_227">227</a>.</p>
+<p class="index1"><i>And see</i> Nicolay and Hay.</p>
+<p class="index">Hayes, Rutherford B., President, disputed election of, <a href="#Page_406">406</a>, <a href="#Page_407">407</a> <i>ff.</i>;</p>
+<p class="index1">declared elected by Electoral Commission, <a href="#Page_411">411</a>.</p>
+<p class="index">Hayne, Robert Y., Senator, xxii <i>n.</i>, <a href="#Page_xxvi">xxvi</a>, <a href="#Page_xxvii">xxvii</a>, <a href="#Page_3">3</a>.</p>
+<p class="index">Heath, Randolph, <a href="#Page_42">42</a>.</p>
+<p class="index">Hecker, Fred, quoted, <a href="#Page_215">215</a>; <a href="#Page_38">38</a>.</p>
+<p class="index">Henderson, John B., Senator, proposes amendment to Constitution, forbidding slavery, <a href="#Page_223">223</a>;</p>
+<p class="index1">his resolution, amended, reported by T., <a href="#Page_224">224</a>;</p>
+<p class="index1">his speech in its favor, <a href="#Page_227">227</a>;</p>
+<p class="index1">the only one of the "Traitors" whom the Republican party publicly forgave, <a href="#Page_326">326</a>; <a href="#Page_260">260</a>, <a href="#Page_314">314</a>, <a href="#Page_316">316</a>, <a href="#Page_317">317</a>, <a href="#Page_321">321</a> <i>n.</i>; <a href="#Page_362">362</a>.</p>
+<p class="index">Hendricks, Thomas A., Senator, <a href="#Page_228">228</a>, <a href="#Page_258">258</a>, <a href="#Page_262">262</a>, <a href="#Page_271">271</a>, <a href="#Page_285">285</a>, <a href="#Page_301">301</a>, <a href="#Page_329">329</a>, <a href="#Page_402">402</a>.</p>
+<p class="index">Henn, Bernhart, Congressman, <a href="#Page_35">35</a>.</p>
+<p class="index">Herndon, William H., quoted, <a href="#Page_75">75</a>, <a href="#Page_80">80</a>, <a href="#Page_89">89</a>, <a href="#Page_90">90</a>, <a href="#Page_91">91</a>, <a href="#Page_92">92</a>, <a href="#Page_107">107</a>, <a href="#Page_119">119</a>, <a href="#Page_214">214</a>, <a href="#Page_429">429</a>; <a href="#Page_87">87</a>, <a href="#Page_112">112</a>, <a href="#Page_143">143</a> <i>n.</i>; <a href="#Page_426">426</a>, <a href="#Page_428">428</a>.</p>
+<p class="index">Herold, conspirator, <a href="#Page_289">289</a>.</p>
+<p class="index">Hewitt, Abram S., Congressman, <a href="#Page_408">408</a>, <a href="#Page_409">409</a>.</p>
+<p class="index">Hickox, Virgil, <a href="#Page_13">13</a>, <a href="#Page_19">19</a>.</p>
+<p class="index">Hill, Adams S., <a href="#Page_341">341</a>.</p>
+<p class="index">Hilton, Henry, and A. T. Stewart, <a href="#Page_336">336</a>.</p>
+<p class="index">Hoadley, George, <a href="#Page_372">372</a>, <a href="#Page_382">382</a>.</p>
+<p class="index">Hoar, E. Rockwood, appointed Attorney-General, <a href="#Page_337">337</a>, <a href="#Page_338">338</a>;</p>
+<p class="index1">cause of his resignation, <a href="#Page_350">350</a>;</p>
+<p class="index1">his recommendations for vacant judgeships, <a href="#Page_350">350</a>;</p>
+<p class="index1">his nomination to Supreme Court not confirmed, and why, <a href="#Page_350">350</a>;</p>
+<p class="index1">Grant asks his resignation, <a href="#Page_350">350</a>.</p>
+<p class="index">Hodge, Paymaster, <a href="#Page_362">362</a>, <a href="#Page_363">363</a>, <a href="#Page_395">395</a>.</p>
+<p class="index">Hoffman, John T., Governor, <a href="#Page_379">379</a>.</p>
+<p class="index">Hogeboom, Henry, <a href="#Page_147">147</a>.</p>
+<p class="index">Holden, W. H., <a href="#Page_238">238</a>.</p>
+<p class="index">Horner, William N., quoted, on T's character, <a href="#Page_425">425</a>.</p>
+<p class="index">House of Representatives, Kansas-Nebraska bill in, <a href="#Page_37">37</a>;</p>
+<p class="index1">rejects Lecompton bill, <a href="#Page_83">83</a>,</p>
+<p class="index2">but passes substituted English bill, <a href="#Page_84">84</a>;</p>
+<p class="index1">passes proposed Amendment to Constitution, forbidding interference with slavery, <a href="#Page_117">117</a>;</p>
+<p class="index1">passes Confiscation bill, <a href="#Page_175">175</a>;</p>
+<p class="index1">Committee on Government Contracts of, <a href="#Page_178">178</a> <i>ff.</i>;</p>
+<p class="index1">censures Cameron, <a href="#Page_187">187</a>;</p>
+<p class="index1">passes bill concerning political prisoners, <a href="#Page_196">196</a>;</p>
+<p class="index1">passes Stevens's indemnity bill, <a href="#Page_198">198</a>;</p>
+<p class="index1">debate on 13th Amendment in, <a href="#Page_223">223</a>, <a href="#Page_228">228</a>;</p>
+<p class="index1">debate on Civil Rights bill in, <a href="#Page_271">271</a>, <a href="#Page_272">272</a>, <a href="#Page_281">281</a>;</p>
+<p class="index1">passes 14th Amendment, <a href="#Page_282">282</a>, <a href="#Page_283">283</a>;</p>
+<p class="index1">Stevens's Reconstruction bill introduced in, <a href="#Page_284">284</a>,</p>
+<p class="index2">passed by, <a href="#Page_291">291</a>, <a href="#Page_292">292</a>,</p>
+<p class="index2">and passed over veto, <a href="#Page_293">293</a>, <a href="#Page_294">294</a>;</p>
+<p class="index1">passes bill admitting Tennessee, <a href="#Page_295">295</a>;</p>
+<p class="index1">Tenure-of-Office bill in, <a href="#Page_301">301</a>,</p>
+<p class="index2">and passed by, over veto, <a href="#Page_303">303</a>;</p>
+<p class="index1">votes against impeachment (Dec., 1867), <a href="#Page_303">303</a>, <a href="#Page_304">304</a>;</p>
+<p class="index1">impeachment voted by (Feb., 1868), <a href="#Page_309">309</a>;</p>
+<p class="index1">passes 15th Amendment, <a href="#Page_338">338</a>-<a href="#Page_340">340</a>;</p>
+<p class="index1">Committee of Ways and Means of, <a href="#Page_354">354</a>;</p>
+<p class="index1">Committee of inquiry into navy frauds, characterized by T., <a href="#Page_397">397</a>, <a href="#Page_398">398</a>.</p>
+<p class="index">Hovey, Alvin P., Governor, <a href="#Page_288">288</a>.</p>
+<p class="index">Howard,Jacob M., Senator, on Civil Rights bill, <a href="#Page_269">269</a>, <a href="#Page_270">270</a>;</p>
+<p class="index1">on Reconstruction Committee, <a href="#Page_281">281</a>;</p>
+<p class="index1">proposes definition of "citizens" in 14th Amendment, <a href="#Page_282">282</a>, <a href="#Page_283">283</a>; <a href="#Page_287">287</a>, <a href="#Page_298">298</a>.</p>
+<p class="index">Howe, Samuel G., <a href="#Page_343">343</a>.</p>
+<p class="index">Howe, Timothy O., Senator, his view of the impeachment, <a href="#Page_310">310</a>;</p>
+<p class="index1">and the ousting of Sumner, <a href="#Page_345">345</a>, <a href="#Page_346">346</a>; <a href="#Page_316">316</a>, <a href="#Page_320">320</a>, <a href="#Page_323">323</a>, <a href="#Page_343">343</a>, <a href="#Page_366">366</a>.</p>
+<p class="index">Humphrey, James, <a href="#Page_180">180</a>.</p>
+<p class="index">Hunt, Gaillard, xxii <i>n.</i></p>
+<p class="index">Hunter, David, General, at first battle of Bull Run, <a href="#Page_165">165</a>;</p>
+<p class="index1">his order freeing slaves in certain states, revoked by Lincoln, <a href="#Page_172">172</a>.</p>
+<p class="index">Hunter, R. M. T., Senator, <a href="#Page_49">49</a>, <a href="#Page_116">116</a>.</p>
+<p class="index">Hurd, H. B., <a href="#Page_98">98</a>.</p>
+<p class="index">Hurlbut, S. A., quoted, <a href="#Page_74">74</a>.</p>
+<p class="index">Hutchins, Waldo, <a href="#Page_390">390</a>.</p>
+<hr class="thin" />
+ <p id="I" class="index">Illinois, new constitution of, adopted in 1847, <a href="#Page_20">20</a>;</p>
+<p class="index1">slavery in, when ceded to U.S., <a href="#Page_23">23</a>;</p>
+<p class="index1">earlier occupation of, <a href="#Page_23">23</a>;</p>
+<p class="index1">opposition to slavery in, organized by Lemen, <a href="#Page_23">23</a>, <a href="#Page_24">24</a>;</p>
+<p class="index1">territorial legislature of, violates Ordinance of 1787, <a href="#Page_24">24</a>, <a href="#Page_25">25</a>;</p>
+<p class="index1">provisions of constitution of, concerning slavery, <a href="#Page_25">25</a>;</p>
+<p class="index1">pro-slavery efforts to amend constitution, <a href="#Page_25">25</a>, <a href="#Page_26">26</a>;</p>
+<p class="index1">their failure, <a href="#Page_27">27</a>;</p>
+<p class="index1">T. elected to Congress from 8th district of, <a href="#Page_37">37</a>, <a href="#Page_38">38</a>;</p>
+<p><span class="pagenum"><a id="Page_444">[444]</a></span></p>
+<p class="index1">and Seward's candidacy, <a href="#Page_103">103</a>;</p>
+<p class="index1">campaign of 1860 in, <a href="#Page_108">108</a> <i>ff.</i>;</p>
+<p class="index1">office-seekers from, in 1861, <a href="#Page_139">139</a>;</p>
+<p class="index1">status of negroes in, <a href="#Page_243">243</a>;</p>
+<p class="index1">in the Cincinnati convention (1872), <a href="#Page_389">389</a>, <a href="#Page_390">390</a>;</p>
+<p class="index1">T. nominated for governor of, and defeated, <a href="#Page_412">412</a>.</p>
+<p class="index">Illinois legislature, and the proposed constitutional convention, <a href="#Page_25">25</a>, <a href="#Page_26">26</a>;</p>
+<p class="index1">and the Senatorial election of 1854, <a href="#Page_39">39</a> <i>ff.</i>, <a href="#Page_46">46</a> <i>n.</i>;</p>
+<p class="index1">condemns proceedings against Chicago <i>Times</i>, 209:</p>
+<p class="index1">re&euml;lects T. as senator, <a href="#Page_277">277</a>.</p>
+<p class="index">Illinois State Bank, suspension of, <a href="#Page_13">13</a>.</p>
+<p class="index">Illinois Supreme Court, reconstruction of, <a href="#Page_11">11</a>;</p>
+<p class="index1">number of judges of, <a href="#Page_20">20</a>;</p>
+<p class="index1">T. elected judge of, <a href="#Page_20">20</a>;</p>
+<p class="index1">T. re&euml;lected to, and resigns, <a href="#Page_21">21</a>;</p>
+<p class="index1">decision of, in Jarrot <i>v.</i> Jarrot, <a href="#Page_29">29</a>, <a href="#Page_30">30</a>.</p>
+<p class="index">Immigration, and attempted legalization of slavery in Ill., <a href="#Page_26">26</a>.</p>
+<p class="index">Impeachment, two theories of, <a href="#Page_312">312</a>;</p>
+<p class="index1">a judicial or political process? <a href="#Page_312">312</a>.</p>
+<p class="index">Impeachment of Andrew Johnson, first mention of, <a href="#Page_303">303</a>;</p>
+<p class="index1">House Judiciary Committee reports in favor of, <a href="#Page_304">304</a>;</p>
+<p class="index1">House rejects resolution providing for, <a href="#Page_304">304</a>;</p>
+<p class="index1">evidence submitted to Committee on Reconstruction, <a href="#Page_306">306</a>,</p>
+<p class="index2">which refuses to recommend, <a href="#Page_308">308</a>;</p>
+<p class="index1">resolutions of, adopted by House, <a href="#Page_309">309</a>;</p>
+<p class="index1">articles of, adopted, <a href="#Page_309">309</a>-<a href="#Page_311">311</a>;</p>
+<p class="index1">managers appointed, <a href="#Page_309">309</a>;</p>
+<p class="index1">trial of, <a href="#Page_309">309</a>, <a href="#Page_312">312</a> <i>ff.</i>;</p>
+<p class="index1">conduct of managers of, <a href="#Page_312">312</a>, <a href="#Page_313">313</a>;</p>
+<p class="index1">material evidence excluded, <a href="#Page_313">313</a>;</p>
+<p class="index1">divers newspapers quoted concerning, <a href="#Page_314">314</a>-<a href="#Page_317">317</a>;</p>
+<p class="index1">T. files opinion in, <a href="#Page_318">318</a>, <a href="#Page_319">319</a>;</p>
+<p class="index1">vote of acquittal on 11th, 2d, and 3d articles, <a href="#Page_320">320</a>, <a href="#Page_321">321</a>;</p>
+<p class="index1">end of the trial, <a href="#Page_321">321</a>;</p>
+<p class="index1">T.'s vote on, <a href="#Page_423">423</a>.</p>
+<p class="index">Indemnity, Stevens's bill of passes House, <a href="#Page_198">198</a>;</p>
+<p class="index1">combined with habeas corpus bill, <a href="#Page_199">199</a>;</p>
+<p class="index1">debated, filibustered against, and passed, <a href="#Page_200">200</a>-<a href="#Page_203">203</a>.</p>
+<p class="index"><i>Independent Democrat</i>, the, <a href="#Page_14">14</a>.</p>
+<p class="index">Indiana, opposed to Seward, <a href="#Page_103">103</a>;</p>
+<p class="index1">in convention of 1860, <a href="#Page_106">106</a>, <a href="#Page_107">107</a>;</p>
+<p class="index1">election of Oct., 1872, in, <a href="#Page_402">402</a>.</p>
+<p class="index">Inflation bill, Grant's veto of, <a href="#Page_362">362</a>.</p>
+<p class="index">Ingraham, Mary, T.'s second wife, <a href="#Page_412">412</a>.</p>
+<p class="index1"><i>And see</i> Trumbull, Mary (Ingraham).</p>
+<p class="index">Investigation and Retrenchment, Committee on, established by Senate, <a href="#Page_364">364</a>;</p>
+<p class="index1">personnel of, <a href="#Page_366">366</a>, <a href="#Page_367">367</a>;</p>
+<p class="index1">solves Leet and Stocking scandal, <a href="#Page_367">367</a>-<a href="#Page_369">369</a>;</p>
+<p class="index1">characterized by T., <a href="#Page_395">395</a>, <a href="#Page_396">396</a>.</p>
+<p class="index">"Irrepressible Conflict," the, existed before it was so described, <a href="#Page_xxxiv">xxxiv</a>.</p>
+<p class="index">Iverson, Alfred, Senator, <a href="#Page_213">213</a>.</p>
+<hr class="thin" />
+ <p id="J" class="index">Jackson, Andrew, <a href="#Page_xxv">xxv</a>, <a href="#Page_xxvi">xxvi</a>, <a href="#Page_76">76</a>, <a href="#Page_103">103</a>, <a href="#Page_124">124</a>.</p>
+<p class="index">Janney, Mr., <a href="#Page_161">161</a>.</p>
+<p class="index">Jarrot <i>v.</i> Jarrot, decision of Supreme Court in, abolished Slavery in Ill., <a href="#Page_29">29</a>, <a href="#Page_30">30</a>.</p>
+<p class="index">Jayne, Gershom, T.'s father-in-law, <a href="#Page_15">15</a>.</p>
+<p class="index">Jayne, Mrs. Gershom, T.'s letter to, on religion, <a href="#Page_430">430</a>, <a href="#Page_431">431</a>.</p>
+<p class="index">Jayne, Julia M., marries T., <a href="#Page_15">15</a>.</p>
+<p class="index1"><i>And see</i> Trumbull, Julia (Jayne).</p>
+<p class="index">Jayne, William, quoted, <a href="#Page_106">106</a>, <a href="#Page_107">107</a>; <a href="#Page_108">108</a>, <a href="#Page_109">109</a>, <a href="#Page_111">111</a>, <a href="#Page_150">150</a>, <a href="#Page_379">379</a>.</p>
+<p class="index">Jefferson, Thomas, and slavery, <a href="#Page_xxviii">xxviii</a>, <a href="#Page_23">23</a>, <a href="#Page_24">24</a>;</p>
+<p class="index1">the proposed ordinance relating thereto (1784), <a href="#Page_xxviii">xxviii</a>, xxix and <i>n.</i>;</p>
+<p class="index1">quoted, on Missouri Compromise, <a href="#Page_xxx">xxx</a>; <a href="#Page_xxiii">xxiii</a>, <a href="#Page_xxiv">xxiv</a>.</p>
+<p class="index">Johnson, Andrew, popularity of, in Tenn., <a href="#Page_214">214</a>;</p>
+<p class="index1">his early radicalism and anti-Southern feeling, <a href="#Page_236">236</a>;</p>
+<p class="index1">gradual change in his attitude, <a href="#Page_236">236</a>;</p>
+<p class="index1">opposes unrestricted negro suffrage, <a href="#Page_236">236</a>, <a href="#Page_237">237</a>;</p>
+<p class="index1">adopts Lincoln's plan of reconstruction and his Cabinet, <a href="#Page_237">237</a>;</p>
+<p class="index1">executive orders of, reorganizing governments of all seceding states, <a href="#Page_237">237</a>, <a href="#Page_238">238</a>;</p>
+<p class="index1">issues amnesty proclamation, <a href="#Page_239">239</a>;</p>
+<p class="index1">Phillips makes first attack on, <a href="#Page_239">239</a>, <a href="#Page_240">240</a>;</p>
+<p class="index1">defended by N. Y. <i>Tribune</i> and <i>Times</i>, <a href="#Page_240">240</a>, <a href="#Page_241">241</a>;</p>
+<p class="index1">his first message to Congress, written by Bancroft, <a href="#Page_244">244</a>;</p>
+<p class="index1">the message praised by N. Y. <i>Times</i> and <i>Nation</i>, <a href="#Page_244">244</a>, <a href="#Page_245">245</a>;</p>
+<p class="index1">his early history, <a href="#Page_245">245</a> and <i>n.</i>;</p>
+<p class="index1">in Senate of U.S., <a href="#Page_246">246</a>;</p>
+<p class="index1">as public speaker and debater, <a href="#Page_246">246</a>;</p>
+<p class="index1">his speech against secession, <a href="#Page_246">246</a>;</p>
+<p class="index1">Stephens and Seward on, <a href="#Page_246">246</a>;</p>
+<p class="index1">his speech of Aug. 29, 1866, <a href="#Page_246">246</a>;</p>
+<p class="index1">attacked by Sumner, <a href="#Page_246">246</a>, <a href="#Page_247">247</a>;</p>
+<p class="index1">and Terry's order concerning vagrancy law of Va., <a href="#Page_247">247</a>;</p>
+<p class="index1">and reports of Grant and Schurz on conditions in the South, <a href="#Page_252">252</a>, <a href="#Page_253">253</a>, <a href="#Page_254">254</a>;</p>
+<p class="index1">vetoes Freedmen's Bureau bill, <a href="#Page_260">260</a>, <a href="#Page_261">261</a>, <a href="#Page_423">423</a>;</p>
+<p class="index1">vetoes Civil Rights bill, <a href="#Page_272">272</a>, <a href="#Page_423">423</a>;</p>
+<p class="index1">his veto message answered by T., <a href="#Page_272">272</a>;</p>
+<p class="index1">his course discussed, <a href="#Page_273">273</a>, <a href="#Page_274">274</a>;</p>
+<p class="index1">his combativeness, <a href="#Page_273">273</a> and <i>n.</i>, <a href="#Page_274">274</a>;</p>
+<p class="index1">majority against, in Congress, increased by elections of 1866, <a href="#Page_277">277</a>;</p>
+<p class="index1">sustained by T. until veto of Civil Rights bill, <a href="#Page_277">277</a>;</p>
+<p class="index1">signs bill readmitting Tenn., <a href="#Page_285">285</a>;</p>
+<p class="index1">"National Union Convention" of supporters of, <a href="#Page_285">285</a>, <a href="#Page_286">286</a>;</p>
+<p class="index1">his attack on Congress, and its sequel, <a href="#Page_286">286</a>;</p>
+<p class="index1">policy of, and the Milligan case, <a href="#Page_289">289</a>;</p>
+<p class="index1">and the Cabinet meeting of Jan. 8, 1867, <a href="#Page_290">290</a>;</p>
+<p class="index1">Northern view of his plan of reconstruction, <a href="#Page_293">293</a>;</p>
+<p class="index1">vetoes Reconstruction bill, <a href="#Page_293">293</a>,</p>
+<p class="index2">and divers supplementary bills, <a href="#Page_293">293</a>, <a href="#Page_294">294</a>;</p>
+<p class="index1">his power of removal aimed at by Tenure-of-Office bill, <a href="#Page_301">301</a>, <a href="#Page_302">302</a>;</p>
+<p class="index1">impeachment of, now generally condemned, <a href="#Page_303">303</a>;</p>
+<p class="index1">first mention of impeachment of, <a href="#Page_303">303</a>, <a href="#Page_304">304</a>;</p>
+<p class="index1">House rejects impeachment resolutions, <a href="#Page_304">304</a>;</p>
+<p class="index1">requests Stanton's resignation, <a href="#Page_304">304</a>, <a href="#Page_305">305</a>;</p>
+<p class="index1">suspends him and appoints Grant <i>ad interim</i>, <a href="#Page_305">305</a>;</p>
+<p class="index1">correspondence of, with Grant, submitted to committee, <a href="#Page_306">306</a>, <a href="#Page_307">307</a>;</p>
+<p class="index1">his lack of tact, <a href="#Page_306">306</a>;</p>
+<p><span class="pagenum"><a id="Page_445">[445]</a></span></p>
+<p class="index1">wishes to make up a case for Supreme Court, <a href="#Page_307">307</a>;</p>
+<p class="index1">quoted by Truman as to his Cabinet, <a href="#Page_307">307</a> <i>n.</i>;</p>
+<p class="index1">advised to let Stanton alone, but attempts to remove him, <a href="#Page_308">308</a>;</p>
+<p class="index1">names Thomas Secretary <i>ad interim</i>, <a href="#Page_308">308</a>;</p>
+<p class="index1">his action causes change in public feeling, <a href="#Page_309">309</a>;</p>
+<p class="index1">House votes to impeach, <a href="#Page_309">309</a>;</p>
+<p class="index1">his trial, <a href="#Page_309">309</a>, <a href="#Page_312">312</a> <i>ff.</i>;</p>
+<p class="index1">summary of articles, <a href="#Page_309">309</a>-<a href="#Page_311">311</a>;</p>
+<p class="index1">his answer, <a href="#Page_311">311</a>;</p>
+<p class="index1">evidence of his purpose to make a case for Supreme Court not admitted, <a href="#Page_312">312</a>, <a href="#Page_313">313</a>;</p>
+<p class="index1">acquitted, <a href="#Page_320">320</a>, <a href="#Page_321">321</a>;</p>
+<p class="index1">vetoes Act of March 27, 1868, <a href="#Page_329">329</a>;</p>
+<p class="index1">T.'s vote on impeachment of, <a href="#Page_423">423</a>; <a href="#Page_181">181</a> <i>n.</i>, <a href="#Page_229">229</a>, <a href="#Page_278">278</a>.</p>
+<p class="index">Johnson, Reverdy, Senator, favors 13th Amendment, <a href="#Page_227">227</a>;</p>
+<p class="index1">on Civil Rights bill, <a href="#Page_270">270</a>; <a href="#Page_247">247</a>, <a href="#Page_264">264</a>, <a href="#Page_281">281</a>.</p>
+<p class="index">Jonas, A., quoted, <a href="#Page_74">74</a>, <a href="#Page_79">79</a>, <a href="#Page_92">92</a>.</p>
+<p class="index">Jones, George W., <a href="#Page_35">35</a>.</p>
+<p class="index">Judd, Norman B., expects seat in Lincoln's Cabinet, <a href="#Page_148">148</a>;</p>
+<p class="index1">his character, <a href="#Page_149">149</a>;</p>
+<p class="index1">favored by T., <a href="#Page_149">149</a>;</p>
+<p class="index1">interview of, with Lincoln, <a href="#Page_149">149</a>, <a href="#Page_150">150</a>;</p>
+<p class="index1">receives Prussian mission as a salve, <a href="#Page_151">151</a>, <a href="#Page_152">152</a>;</p>
+<p class="index1">quoted, as to T.'s feeling against Lincoln, <a href="#Page_217">217</a>;</p>
+<p class="index1">as to European admiration of Lincoln, <a href="#Page_231">231</a>;</p>
+<p class="index1">on other subjects, <a href="#Page_74">74</a>, <a href="#Page_80">80</a>, <a href="#Page_91">91</a>; <a href="#Page_15">15</a>, <a href="#Page_41">41</a>, <a href="#Page_43">43</a>, <a href="#Page_45">45</a>, <a href="#Page_46">46</a> <i>n.</i>, <a href="#Page_69">69</a>, <a href="#Page_87">87</a>, <a href="#Page_93">93</a>, <a href="#Page_142">142</a>.</p>
+<p class="index">Julian, George W., Congressman, describes scene in House on adoption of 13th Amendment, <a href="#Page_228">228</a> and <i>n.</i>; <a href="#Page_xxi">xxi</a>.</p>
+<hr class="thin" />
+ <p id="K" class="index">Kansas, did Douglas intend it to be a slave state? <a href="#Page_35">35</a>, <a href="#Page_36">36</a>;</p>
+<p class="index1">affairs in, in 1855, <a href="#Page_49">49</a> <i>ff.</i>;</p>
+<p class="index1">prospect of slavery in, <a href="#Page_49">49</a>;</p>
+<p class="index1">Reeder appointed governor, <a href="#Page_49">49</a>;</p>
+<p class="index1">invaded by Missourians, <a href="#Page_49">49</a>;</p>
+<p class="index1">election of Whitfield, <a href="#Page_49">49</a>, <a href="#Page_50">50</a>;</p>
+<p class="index1">second invasion of Missourians, <a href="#Page_50">50</a> <i>ff.</i>;</p>
+<p class="index1">"Border Ruffian" legislature of, enacts Slave code, <a href="#Page_54">54</a>, <a href="#Page_55">55</a>;</p>
+<p class="index1">Shannon appointed governor, <a href="#Page_55">55</a>;</p>
+<p class="index1">Free State convention In, <a href="#Page_55">55</a>;</p>
+<p class="index1">Pres. Pierce's special message on affairs in, <a href="#Page_55">55</a>;</p>
+<p class="index1">reports of Senate Committee on Territories thereon, <a href="#Page_55">55</a> <i>ff.</i>;</p>
+<p class="index1">debate on affairs in, in Senate, <a href="#Page_55">55</a> <i>ff.</i>;</p>
+<p class="index1">T.'s letter to Turner on affairs in, <a href="#Page_71">71</a>;</p>
+<p class="index1">Walker appointed governor, <a href="#Page_71">71</a>;</p>
+<p class="index1">Constitutional Convention at Lecompton, <a href="#Page_72">72</a>;</p>
+<p class="index1">Cabinet Conspiracy concerning referendum on Lecompton Constitution, <a href="#Page_72">72</a>, <a href="#Page_73">73</a>;</p>
+<p class="index1">legislature declares for submission of the whole Constitution, <a href="#Page_73">73</a>;</p>
+<p class="index1">admission of, thereunder, recommended by Buchanan, <a href="#Page_81">81</a>;</p>
+<p class="index1">administration bill, passed by Senate, but repealed by House, <a href="#Page_83">83</a>;</p>
+<p class="index1">English bill, passed by Congress, but rejected by people, <a href="#Page_83">83</a>, <a href="#Page_84">84</a>;</p>
+<p class="index1">reign of terror in, <a href="#Page_126">126</a>;</p>
+<p class="index1">proposed suffrage amendment to Constitution of, rejected, <a href="#Page_295">295</a>.</p>
+<p class="index">Kansas-Nebraska bill, its original form, <a href="#Page_33">33</a>, <a href="#Page_34">34</a>;</p>
+<p class="index1">as amended, <a href="#Page_34">34</a>, <a href="#Page_35">35</a>;</p>
+<p class="index1">passed by Congress, <a href="#Page_37">37</a>;</p>
+<p class="index1">effect of passage of, on parties at the North, <a href="#Page_37">37</a>;</p>
+<p class="index1">T. organizes opposition to, in Ill., <a href="#Page_37">37</a>, <a href="#Page_38">38</a>;</p>
+<p class="index1">opposed by Lincoln, <a href="#Page_39">39</a>;</p>
+<p class="index1">and the Senatorial election in Ill., in 1854, <a href="#Page_39">39</a> <i>ff.</i>;</p>
+<p class="index1">attacked by T., <a href="#Page_56">56</a>; <a href="#Page_125">125</a>, <a href="#Page_126">126</a>, <a href="#Page_131">131</a>.</p>
+<p class="index">Keim, William H., <a href="#Page_195">195</a>.</p>
+<p class="index">Kellogg, William P., and the governorship of La., <a href="#Page_404">404</a>, <a href="#Page_405">405</a>, <a href="#Page_406">406</a>, <a href="#Page_408">408</a>; <a href="#Page_410">410</a>, <a href="#Page_411">411</a>.</p>
+<p class="index">Kentucky Resolutions of 1798, <a href="#Page_xxiii">xxiii</a>.</p>
+<p class="index">King, Preston, Senator, <a href="#Page_122">122</a>.</p>
+<p class="index">King, Rufus, xxii <i>n.</i></p>
+<p class="index">Koerner, Gustave, quoted, <a href="#Page_103">103</a>, <a href="#Page_118">118</a>, <a href="#Page_212">212</a>, <a href="#Page_213">213</a>;</p>
+<p class="index1">interview of, with Lincoln, <a href="#Page_149">149</a>, <a href="#Page_150">150</a>;</p>
+<p class="index1">and the Russian mission, <a href="#Page_151">151</a>, <a href="#Page_152">152</a>;</p>
+<p class="index1">appointed Minister to Spain, <a href="#Page_152">152</a>;</p>
+<p class="index1">T. writes to, on impeachment, <a href="#Page_323">323</a>;</p>
+<p class="index1">his death and funeral, <a href="#Page_418">418</a>; <a href="#Page_29">29</a>, <a href="#Page_30">30</a>, <a href="#Page_37">37</a>, <a href="#Page_88">88</a>, <a href="#Page_379">379</a>.</p>
+<p class="index">Ku-Klux bill, held unconstitutional by Supreme Court, <a href="#Page_275">275</a>, <a href="#Page_358">358</a>; <a href="#Page_424">424</a>.</p>
+<p class="index">Ku-Klux-Klan, in Georgia, <a href="#Page_298">298</a>, <a href="#Page_300">300</a>;</p>
+<p class="index1">Grant's special message on, <a href="#Page_356">356</a>;</p>
+<p class="index1">Congress passes bill relating to, <a href="#Page_356">356</a>,</p>
+<p class="index2">which is opposed by T. and Schurz, <a href="#Page_356">356</a>, <a href="#Page_357">357</a>, <a href="#Page_358">358</a>.</p>
+<hr class="thin" />
+ <p id="L" class="index">Labor laws enacted by seceding states during reconstruction, <a href="#Page_242">242</a>;</p>
+<p class="index1">brought before Congress, <a href="#Page_247">247</a>;</p>
+<p class="index1">character of, <a href="#Page_247">247</a>.</p>
+<p class="index">Lambert, W. H., <a href="#Page_110">110</a> <i>n.</i></p>
+<p class="index">Lane, Henry S., Senator, <a href="#Page_106">106</a>, <a href="#Page_166">166</a>.</p>
+<p class="index">Lane, James H., Senator, <a href="#Page_53">53</a>, <a href="#Page_101">101</a> <i>n.</i></p>
+<p class="index">Larned, E. C, T.'s letters to, on compromise, <a href="#Page_113">113</a>, <a href="#Page_114">114</a>.</p>
+<p class="index">Lea, M. Carey, letter of, to T., on Fr&eacute;mont emancipation episode, <a href="#Page_170">170</a>,</p>
+<p class="index1">and T.'s reply, <a href="#Page_171">171</a>, <a href="#Page_172">172</a>.</p>
+<p class="index">Lecompton constitution, slavery clause of, alone to be submitted to people, <a href="#Page_72">72</a>, <a href="#Page_73">73</a>;</p>
+<p class="index1">declared valid by Buchanan, <a href="#Page_76">76</a>;</p>
+<p class="index1">condemned by T., <a href="#Page_76">76</a>, <a href="#Page_77">77</a>;</p>
+<p class="index1">admission of Kansas under, urged by Buchanan, <a href="#Page_81">81</a>;</p>
+<p class="index1">disappears with rejection of English bill by the people, <a href="#Page_83">83</a>.</p>
+<p class="index">Lee, S. Phillips, <a href="#Page_169">169</a>.</p>
+<p class="index">Leet and Stocking scandal, <a href="#Page_364">364</a> <i>ff.</i>;</p>
+<p class="index1">Senate orders inquiry into, <a href="#Page_355">355</a>-<a href="#Page_367">367</a>;</p>
+<p class="index1">solution of, <a href="#Page_367">367</a>-<a href="#Page_369">369</a>.</p>
+<p class="index">Lemen, Rev. James, organizes opposition to slavery in Northwest Terr., <a href="#Page_23">23</a>, <a href="#Page_24">24</a>.</p>
+<p class="index">Lewis, B., quoted, <a href="#Page_107">107</a>.</p>
+<p class="index">Lewis, John F., <a href="#Page_161">161</a>.</p>
+<p class="index">Liberal Republican movement (1872) started in Mo., <a href="#Page_351">351</a>;</p>
+<p class="index1">progress of, <a href="#Page_351">351</a> <i>ff.</i>;</p>
+<p class="index1">Schurz a leader in, <a href="#Page_352">352</a>;</p>
+<p class="index1">revenue reform an element in, <a href="#Page_352">352</a>, <a href="#Page_353">353</a>;</p>
+<p class="index1">how viewed by Grant and his friends, <a href="#Page_355">355</a>;</p>
+<p class="index1">shortcomings of Grant's administration the main cause of, <a href="#Page_361">361</a>.</p>
+<p class="index1"><i>And see</i> Cincinnati, Convention at.</p>
+<p class="index">Liberal Republicans, demand universal Amnesty with impartial suffrage, <a href="#Page_356">356</a>;</p>
+<p><span class="pagenum"><a id="Page_446">[446]</a></span></p>
+<p class="index1">call for national Convention of, <a href="#Page_372">372</a>,</p>
+<p class="index1">which meets at Cincinnati, <a href="#Page_374">374</a> <i>ff.</i>;</p>
+<p class="index1">leading candidates for presidency among, <a href="#Page_377">377</a>;</p>
+<p class="index1">division among, after Greeley's nomination, <a href="#Page_385">385</a> <i>ff.</i>;</p>
+<p class="index1">meeting of dissentients, <a href="#Page_391">391</a>, <a href="#Page_392">392</a>.</p>
+<p class="index1"><i>And see</i> Missouri.</p>
+<p class="index"><i>Liberator</i>, the, established by Garrison (1831), <a href="#Page_xxxi">xxxi</a>;</p>
+<p class="index1">attempts to suppress, <a href="#Page_xxxii">xxxii</a>.</p>
+<p class="index">Lincoln, Abraham, in Ill. legislature of 1840, <a href="#Page_10">10</a>;</p>
+<p class="index1">his marriage, <a href="#Page_15">15</a>;</p>
+<p class="index1">and the Kansas-Nebraska bill, <a href="#Page_37">37</a>;</p>
+<p class="index1">and the Senatorial election of 1854, <a href="#Page_39">39</a>, <a href="#Page_43">43</a> <i>ff.</i>;</p>
+<p class="index1">effect of repeal of Missouri Compromise on, <a href="#Page_39">39</a>;</p>
+<p class="index1">his speech at Peoria in reply to Douglas, <a href="#Page_39">39</a>, <a href="#Page_40">40</a> and <i>n.</i>;</p>
+<p class="index1">defeated by T., <a href="#Page_45">45</a>, <a href="#Page_46">46</a> <i>n.</i>;</p>
+<p class="index1">letter of, to Washburne, on the result, <a href="#Page_45">45</a>, <a href="#Page_46">46</a>;</p>
+<p class="index1">possible results of his election, <a href="#Page_47">47</a>;</p>
+<p class="index1">urges T. to attend first Republican national convention, <a href="#Page_69">69</a>;</p>
+<p class="index1">receives votes for Vice-President, <a href="#Page_69">69</a>;</p>
+<p class="index1">writes T. on the ticket, <a href="#Page_69">69</a>, <a href="#Page_70">70</a>;</p>
+<p class="index1">on Douglas's attitude on Lecompton, <a href="#Page_74">74</a>;</p>
+<p class="index1">on Republican praise of Douglas, <a href="#Page_87">87</a>;</p>
+<p class="index1">Palmer on candidacy of, for Senate, <a href="#Page_88">88</a>;</p>
+<p class="index1">campaign of, for senatorship (1858), <a href="#Page_89">89</a> <i>ff.</i>;</p>
+<p class="index1">on Buchanan Democrats, <a href="#Page_90">90</a>;</p>
+<p class="index1">on prospects for 1860, <a href="#Page_92">92</a>; his relations with T., <a href="#Page_93">93</a>;</p>
+<p class="index1">his debate with Douglas at Freeport, <a href="#Page_94">94</a> <i>n.</i>;</p>
+<p class="index1">commends T.'s speech on John Brown raid, <a href="#Page_100">100</a>;</p>
+<p class="index1">on Delahay's candidacy for Senate, <a href="#Page_100">100</a>, <a href="#Page_101">101</a> <i>n.</i>;</p>
+<p class="index1">his status in 1860, <a href="#Page_102">102</a>;</p>
+<p class="index1">a possible candidate for Republican nomination, <a href="#Page_102">102</a> <i>ff.</i>;</p>
+<p class="index1">on the various candidates, <a href="#Page_104">104</a>, <a href="#Page_105">105</a>;</p>
+<p class="index1">his radicalism, <a href="#Page_105">105</a>;</p>
+<p class="index1">nominated, <a href="#Page_106">106</a>;</p>
+<p class="index1">comments of Illinoisans on his candidacy, <a href="#Page_106">106</a>, <a href="#Page_107">107</a>;</p>
+<p class="index1">on Republican prospects, <a href="#Page_108">108</a>;</p>
+<p class="index1">his vote in Ill., <a href="#Page_109">109</a>;</p>
+<p class="index1">and the ratification at Springfield, <a href="#Page_109">109</a>, <a href="#Page_110">110</a>;</p>
+<p class="index1">on South Carolina's attitude, <a href="#Page_110">110</a>, <a href="#Page_111">111</a>;</p>
+<p class="index1">opposed to compromise on extension of slavery, <a href="#Page_111">111</a>;</p>
+<p class="index1">proposes resolutions on slavery, etc., <a href="#Page_112">112</a>;</p>
+<p class="index1">on rumors of Buchanan's purpose to surrender forts, <a href="#Page_112">112</a>, <a href="#Page_113">113</a>;</p>
+<p class="index1">his Cooper Institute speech, <a href="#Page_115">115</a>;</p>
+<p class="index1">and the office-seekers, <a href="#Page_139">139</a>;</p>
+<p class="index1">the making of his Cabinet, <a href="#Page_139">139</a> <i>ff.</i>;</p>
+<p class="index1">and Seward, <a href="#Page_139">139</a>-<a href="#Page_141">141</a>;</p>
+<p class="index1">offers State Department to Seward, <a href="#Page_141">141</a>;</p>
+<p class="index1">the Cameron affair, <a href="#Page_142">142</a> <i>ff.</i>;</p>
+<p class="index1">his instructions against pre-convention contracts, <a href="#Page_142">142</a>;</p>
+<p class="index1">Davis's influence over, <a href="#Page_143">143</a> and <i>n.</i>;</p>
+<p class="index1">promises Cameron a portfolio, <a href="#Page_144">144</a>;</p>
+<p class="index1">anti-Cameron appeal to, by McClure and T., <a href="#Page_144">144</a>, <a href="#Page_145">145</a>;</p>
+<p class="index1">his reply to T., <a href="#Page_145">145</a>;</p>
+<p class="index1">tries to buy Cameron off, <a href="#Page_145">145</a>, <a href="#Page_146">146</a>;</p>
+<p class="index1">T.'s further remonstrance to, <a href="#Page_146">146</a>, <a href="#Page_147">147</a>;</p>
+<p class="index1">and Judd, <a href="#Page_148">148</a>, <a href="#Page_149">149</a>;</p>
+<p class="index1">interview with Koerner, <a href="#Page_149">149</a>, <a href="#Page_150">150</a>;</p>
+<p class="index1">and the Harvey dispatch to Gov. Pickens, <a href="#Page_155">155</a> <i>ff.</i>;</p>
+<p class="index1">makes Harvey Minister to Portugal, <a href="#Page_155">155</a>, <a href="#Page_157">157</a>, <a href="#Page_158">158</a>;</p>
+<p class="index1">his previous consent to evacuate Sumter, to prevent secession of Va., <a href="#Page_158">158</a> <i>ff.</i>;</p>
+<p class="index1">his interviews with Baldwin and Botts, <a href="#Page_159">159</a>, <a href="#Page_160">160</a>, <a href="#Page_161">161</a>;</p>
+<p class="index1">absurdity of Dabney's account, <a href="#Page_162">162</a>;</p>
+<p class="index1">revokes Fr&eacute;mont's emancipation order, <a href="#Page_169">169</a>;</p>
+<p class="index1">effect of his action, <a href="#Page_169">169</a>;</p>
+<p class="index1">letters of Lea and T. on the crisis, <a href="#Page_170">170</a>-<a href="#Page_172">172</a>;</p>
+<p class="index1">T.'s view of his character, <a href="#Page_171">171</a>;</p>
+<p class="index1">suppresses Cameron's pro-emancipation report, <a href="#Page_172">172</a> and <i>n.</i>;</p>
+<p class="index1">revokes Hunter's order, <a href="#Page_172">172</a>;</p>
+<p class="index1">proposes to veto T.'s Confiscation bill, <a href="#Page_176">176</a>;</p>
+<p class="index1">his objections removed by resolution, <a href="#Page_175">175</a>, <a href="#Page_176">176</a>;</p>
+<p class="index1">orders Wallace to desist from confiscation, <a href="#Page_177">177</a>;</p>
+<p class="index1">and Cameron, <a href="#Page_185">185</a>;</p>
+<p class="index1">nominates Cameron as minister to Russia, <a href="#Page_186">186</a>;</p>
+<p class="index1">assumes responsibility in Cummings affair, <a href="#Page_187">187</a>;</p>
+<p class="index1">authorizes Scott to suspend habeas corpus, <a href="#Page_190">190</a>;</p>
+<p class="index1">his action approved, <a href="#Page_191">191</a>;</p>
+<p class="index1">transfers authority to Stanton, <a href="#Page_197">197</a>;</p>
+<p class="index1">proclaims martial law as to certain classes, <a href="#Page_200">200</a>;</p>
+<p class="index1">issues Emancipation Proclamation, <a href="#Page_200">200</a>;</p>
+<p class="index1">commutes Vallandigham's sentence to banishment, <a href="#Page_204">204</a>;</p>
+<p class="index1">replies to protest of Northern Democrats, <a href="#Page_205">205</a>;</p>
+<p class="index1">his only evasion, <a href="#Page_205">205</a>;</p>
+<p class="index1">revokes Burnside's order suppressing Chicago <i>Times</i>, <a href="#Page_207">207</a>, <a href="#Page_208">208</a>;</p>
+<p class="index1">criticized by N. Y. <i>Tribune</i>, <a href="#Page_309">309</a> <i>n.</i>;</p>
+<p class="index1">and certain dispatches of Seward to Adams, <a href="#Page_210">210</a> <i>ff.</i>;</p>
+<p class="index1">requested to demand Seward's resignation, <a href="#Page_211">211</a>;</p>
+<p class="index1">his comment, <a href="#Page_212">212</a>;</p>
+<p class="index1">and Delahay, <a href="#Page_214">214</a>;</p>
+<p class="index1">Palmer on his prospect of renomination, <a href="#Page_214">214</a>, <a href="#Page_215">215</a>, <a href="#Page_216">216</a>;</p>
+<p class="index1">first evidence of personal difference between T. and, <a href="#Page_217">217</a>, <a href="#Page_218">218</a>;</p>
+<p class="index1">T.'s opinion of his administration, <a href="#Page_218">218</a>;</p>
+<p class="index1">feeling in Congress adverse to his re&euml;lection, <a href="#Page_218">218</a>, <a href="#Page_219">219</a>;</p>
+<p class="index1">denounced by Wilson, <a href="#Page_219">219</a>;</p>
+<p class="index1">basis of opposition to, <a href="#Page_219">219</a>; renominated, but fears defeat, <a href="#Page_219">219</a>;</p>
+<p class="index1">requests Blair's resignation, and why, <a href="#Page_220">220</a> and <i>n.</i>;</p>
+<p class="index1">T. favors his re&euml;lection, <a href="#Page_220">220</a>, <a href="#Page_221">221</a>;</p>
+<p class="index1">re&euml;lected by favor of Union victories, <a href="#Page_221">221</a>;</p>
+<p class="index1">and Halleck, <a href="#Page_226">226</a>; his death, <a href="#Page_231">231</a>;</p>
+<p class="index1">European opinion of, <a href="#Page_231">231</a>;</p>
+<p class="index1">his view of status of seceding states embodied in proclamation of Dec. 8, 1863, <a href="#Page_232">232</a>;</p>
+<p class="index1">letter of, to Gov. Hahn of La., <a href="#Page_233">233</a>;</p>
+<p class="index1">his address of Apr. 11, 1865, on reconstruction, <a href="#Page_234">234</a>, <a href="#Page_235">235</a>;</p>
+<p class="index1">his plan adopted by Johnson, <a href="#Page_237">237</a>;</p>
+<p class="index1">had his life been spared, <a href="#Page_286">286</a>;</p>
+<p class="index1">his plan of reconstruction definitely abandoned, <a href="#Page_291">291</a>;</p>
+<p class="index1">T.'s estimate of his character and career, <a href="#Page_430">430</a>; <a href="#Page_xxi">xxi</a>, <a href="#Page_65">65</a>, <a href="#Page_67">67</a>, <a href="#Page_240">240</a>, <a href="#Page_245">245</a>, <a href="#Page_246">246</a>, <a href="#Page_423">423</a>.</p>
+<p class="index">Lincoln, Mary (Todd), <a href="#Page_42">42</a>, <a href="#Page_46">46</a>.</p>
+<p class="index">Lloyd, Henry D., <a href="#Page_414">414</a>, <a href="#Page_417">417</a>.</p>
+<p class="index">Lodge, H. C, Senator, <i>Daniel Webster</i>, xxii <i>n.</i>, xxv <i>n.</i></p>
+<p class="index">Logan, John A., General and Senator, <a href="#Page_75">75</a>, <a href="#Page_277">277</a>, <a href="#Page_304">304</a>, <a href="#Page_309">309</a>, <a href="#Page_339">339</a>, <a href="#Page_344">344</a>, <a href="#Page_363">363</a>, <a href="#Page_409">409</a>.</p>
+<p class="index">Logan, Stephen T., <a href="#Page_43">43</a>, <a href="#Page_44">44</a>, <a href="#Page_142">142</a>, <a href="#Page_220">220</a>.</p>
+<p class="index">Louisiana, election in, under Lincoln's reconstruction order, <a href="#Page_232">232</a>;</p>
+<p class="index1">Hahn chosen governor, <a href="#Page_232">232</a>, <a href="#Page_233">233</a>;</p>
+<p class="index1">constitutional convention in, <a href="#Page_233">233</a>;</p>
+<p class="index1">U. S. Senators chosen</p>
+<p><span class="pagenum"><a id="Page_447">[447]</a></span></p>
+<p class="index1">under new free constitution, <a href="#Page_233">233</a>;</p>
+<p class="index1">resolutions recognizing new government of, defeated by Sumner, <a href="#Page_233">233</a>, <a href="#Page_234">234</a>;</p>
+<p class="index1">contested election of 1872 in, <a href="#Page_404">404</a>, <a href="#Page_405">405</a>;</p>
+<p class="index1">Senatorial investigation thereof, <a href="#Page_405">405</a>;</p>
+<p class="index1">disputed returns from, in 1876, <a href="#Page_408">408</a> <i>ff.</i></p>
+<p class="index">Louisiana purchase, Federalist opposition to, <a href="#Page_xxiii">xxiii</a>, <a href="#Page_xxiv">xxiv</a>.</p>
+<p class="index">Louisville <i>Courier-Journal</i>, interview with T. in, <a href="#Page_369">369</a>, <a href="#Page_370">370</a>; <a href="#Page_372">372</a>.</p>
+<p class="index">Lovejoy, Rev. Elijah P., murder of, described by T., <a href="#Page_8">8</a>-<a href="#Page_10">10</a>;</p>
+<p class="index1">its effect on Abolition movement, <a href="#Page_10">10</a>; <a href="#Page_xxxiii">xxxiii</a>.</p>
+<p class="index">Lovejoy, Rev. Owen, Congressman, <a href="#Page_43">43</a>.</p>
+<p class="index">Lundy, Benjamin, <a href="#Page_xxxi">xxxi</a>.</p>
+<hr class="thin" />
+ <p id="M" class="index">McCardle, William H., arrest and imprisonment of, <a href="#Page_327">327</a>;</p>
+<p class="index1">remanded on habeas corpus, <a href="#Page_327">327</a>;</p>
+<p class="index1">appeals, <a href="#Page_327">327</a>;</p>
+<p class="index1">T. appears against in Supreme Court, <a href="#Page_327">327</a>, <a href="#Page_328">328</a>;</p>
+<p class="index1">his appeal dismissed, under Act of March, 1868, <a href="#Page_329">329</a>, <a href="#Page_330">330</a>;</p>
+<p class="index1">T.'s connection with case of, criticized, <a href="#Page_330">330</a>, <a href="#Page_331">331</a>.</p>
+<p class="index">McClellan, George B., General, inaction of, <a href="#Page_169">169</a>; <a href="#Page_171">171</a>, <a href="#Page_172">172</a>, <a href="#Page_219">219</a>.</p>
+<p class="index">McClernand, John A., <a href="#Page_10">10</a>, <a href="#Page_11">11</a>, <a href="#Page_427">427</a>.</p>
+<p class="index">McClure, A. K., his <i>Lincoln and Men of War-Time</i>, quoted, <a href="#Page_143">143</a>;</p>
+<p class="index1">opposes Cameron's appointment, <a href="#Page_144">144</a>; <a href="#Page_374">374</a>.</p>
+<p class="index">McClurg, Joseph, <a href="#Page_352">352</a>.</p>
+<p class="index">McCulloch, Hugh, Secretary of Treasury, opinion of, on question of territorializing states, <a href="#Page_290">290</a>.</p>
+<p class="index">McDougall, James A., Senator, <a href="#Page_166">166</a>, <a href="#Page_228">228</a>, <a href="#Page_285">285</a>.</p>
+<p class="index">McDowell, Irwin, General, at first Bull Run, <a href="#Page_165">165</a>, <a href="#Page_167">167</a>.</p>
+<p class="index">McEnery, John, and the governorship of La., <a href="#Page_404">404</a>, <a href="#Page_405">405</a>.</p>
+<p class="index">McLean, John, Justice Sup. Ct., candidate for Republican nomination (1860), <a href="#Page_103">103</a>;</p>
+<p class="index1">shakes his fist in Buchanan's face, <a href="#Page_122">122</a>, <a href="#Page_123">123</a>; <a href="#Page_69">69</a>, <a href="#Page_104">104</a>, <a href="#Page_105">105</a>.</p>
+<p class="index">McLean, Mrs. John, <a href="#Page_121">121</a>.</p>
+<p class="index">McPike. H. G., quoted, <a href="#Page_107">107</a>, <a href="#Page_118">118</a>;</p>
+<p class="index1">T.'s letter to, on Lincoln's re&euml;lection, <a href="#Page_218">218</a>.</p>
+<p class="index">Madison, James, xxii <i>n.</i>, <a href="#Page_xxxi">xxxi</a>.</p>
+<p class="index">Magruder, Allan B., <a href="#Page_161">161</a>, <a href="#Page_162">162</a>.</p>
+<p class="index">Magruder, Benj. D., Chief Justice of Ill., quoted, <a href="#Page_21">21</a>, <a href="#Page_22">22</a>.</p>
+<p class="index">Mails, irregularity of, in early 19th century, <a href="#Page_7">7</a>.</p>
+<p class="index">Malaria, Trumbull family afflicted by, <a href="#Page_19">19</a>.</p>
+<p class="index">Managers of impeachment, overmatched by defendant's counsel, <a href="#Page_309">309</a>;</p>
+<p class="index1">their conduct of the trial, <a href="#Page_312">312</a>, <a href="#Page_313">313</a>;</p>
+<p class="index1">bring pressure to bear on Senators, <a href="#Page_313">313</a>.</p>
+<p class="index">Mann, A., Jr., <a href="#Page_140">140</a>, <a href="#Page_141">141</a>.</p>
+<p class="index">Marble, Manton, quoted, <a href="#Page_373">373</a>.</p>
+<p class="index">Mason, James M., Senator, threatens dissolution of Union, <a href="#Page_70">70</a>, <a href="#Page_71">71</a>;</p>
+<p class="index1">moves for committee of inquiry into John Brown raid, <a href="#Page_98">98</a>; <a href="#Page_53">53</a>, <a href="#Page_116">116</a>, <a href="#Page_134">134</a>, <a href="#Page_349">349</a> and <i>n.</i></p>
+<p class="index">Massachusetts, slavery in, <a href="#Page_xxvii">xxvii</a>.</p>
+<p class="index">Massachusetts legislature, Anti-Embargo resolutions of, <a href="#Page_xxiv">xxiv</a>.</p>
+<p class="index">Mather, Rev. Richard, <a href="#Page_2">2</a>.</p>
+<p class="index">Matteson, Joel A., Governor, <a href="#Page_43">43</a>, <a href="#Page_44">44</a>, <a href="#Page_46">46</a> and <i>n.</i>, <a href="#Page_60">60</a>.</p>
+<p class="index">Matteson, O. B., <a href="#Page_179">179</a>.</p>
+<p class="index">Matthews, Stanley, Justice of Sup. Ct., <a href="#Page_275">275</a>, <a href="#Page_372">372</a>.</p>
+<p class="index">Maynard, Horace, Congressman, quoted, <a href="#Page_293">293</a>.</p>
+<p class="index">Medill, Joseph, quoted, on T.'s character and possible future, <a href="#Page_424">424</a>, <a href="#Page_425">425</a>.</p>
+<p class="index">Meigs, Montgomery C, Q.-M. Gen., <a href="#Page_185">185</a>.</p>
+<p class="index">Merryman, John, summary arrest of, <a href="#Page_194">194</a>-<a href="#Page_196">196</a>.</p>
+<p class="index">Methodist Church, the, and the impeachment trial, <a href="#Page_317">317</a>.</p>
+<p class="index">Miles, Nelson A., General, <a href="#Page_167">167</a>.</p>
+<p class="index">Military commission, trial of civilians by, divided opinion of Supreme Court on, in Milligan case, <a href="#Page_289">289</a>.</p>
+<p class="index">Miller, Samuel F., Justice Sup. Ct., <a href="#Page_275">275</a>, <a href="#Page_289">289</a>, <a href="#Page_409">409</a>.</p>
+<p class="index">Milligan case, decided by majority of Supreme Court, <a href="#Page_288">288</a>, <a href="#Page_289">289</a>;</p>
+<p class="index1">grounds of decision, <a href="#Page_288">288</a>, <a href="#Page_289">289</a>,</p>
+<p class="index2">and its consequences, <a href="#Page_289">289</a>;</p>
+<p class="index1">radicals angered by, <a href="#Page_289">289</a>, <a href="#Page_290">290</a>; <a href="#Page_327">327</a>.</p>
+<p class="index">Minnesota, proposed suffrage amendment to constitution of, repealed, <a href="#Page_295">295</a>.</p>
+<p class="index">Mississippi, order for reconstruction of, <a href="#Page_238">238</a>;</p>
+<p class="index1">fails to adopt new constitution promptly, <a href="#Page_295">295</a>;</p>
+<p class="index1">new conditions imposed on, <a href="#Page_296">296</a>.</p>
+<p class="index">Missouri, admission of, <a href="#Page_xxix">xxix</a>, <a href="#Page_xxx">xxx</a>,</p>
+<p class="index1">during the war, <a href="#Page_351">351</a>;</p>
+<p class="index1">continued political warfare in, after the war, <a href="#Page_351">351</a>;</p>
+<p class="index1">state constitution of 1865, <a href="#Page_351">351</a>;</p>
+<p class="index1">division in Republican party of, results in Schurz's election as senator, <a href="#Page_351">351</a>, <a href="#Page_352">352</a>;</p>
+<p class="index1">success of Liberal republican movement in, <a href="#Page_352">352</a>;</p>
+<p class="index1">liberal movement in, how viewed by Grant, <a href="#Page_355">355</a>;</p>
+<p class="index1">state convention of Liberal Republicans of, adopts platform and calls national Convention, <a href="#Page_372">372</a>;</p>
+<p class="index1">its platform defended by T., <a href="#Page_376">376</a>;</p>
+<p class="index1">vote of, in Cincinnati convention, <a href="#Page_383">383</a>.</p>
+<p class="index">Missouri Compromise, history of, <a href="#Page_xxx">xxx</a>;</p>
+<p class="index1">repeal of, causes T.'s return to politics, <a href="#Page_32">32</a>;</p>
+<p class="index1">not repealed by original Nebraska bill, <a href="#Page_34">34</a>;</p>
+<p class="index1">Dixon amendment for repeal of, adopted by Douglas, <a href="#Page_34">34</a>;</p>
+<p class="index1">repeal of, and Lincoln, <a href="#Page_39">39</a>;</p>
+<p class="index1">meaning of "forever" in, <a href="#Page_62">62</a>, <a href="#Page_63">63</a> <i>n.</i>;</p>
+<p class="index1">repeal of, <a href="#Page_125">125</a>, <a href="#Page_126">126</a>;</p>
+<p class="index1">and the Crittenden Compromise, <a href="#Page_131">131</a>.</p>
+<p class="index"><i>Missouri Democrat</i>, the, <a href="#Page_142">142</a>, <a href="#Page_352">352</a>.</p>
+<p class="index">Missourians, and Kansas, <a href="#Page_35">35</a>;</p>
+<p class="index1">invade Kansas, <a href="#Page_49">49</a>;</p>
+<p class="index1">threaten Gov. Reeder, <a href="#Page_50">50</a>, <a href="#Page_51">51</a>;</p>
+<p><span class="pagenum"><a id="Page_448">[448]</a></span></p>
+<p class="index1">Atchison's advice to, <a href="#Page_52">52</a>;</p>
+<p class="index1">in Kansas, <a href="#Page_56">56</a>, <a href="#Page_57">57</a>, <a href="#Page_58">58</a>, <a href="#Page_65">65</a>.</p>
+<p class="index">Monroe, James, President, <a href="#Page_103">103</a>.</p>
+<p class="index">Moran, Thomas A., Judge, on T.'s public services, <a href="#Page_419">419</a>.</p>
+<p class="index">Morgan, Edwin D., Governor, <a href="#Page_178">178</a>, <a href="#Page_261">261</a>, <a href="#Page_265">265</a>, <a href="#Page_314">314</a>, <a href="#Page_321">321</a>.</p>
+<p class="index">Morrill, Justin S., Congressman, <a href="#Page_168">168</a>, <a href="#Page_281">281</a>.</p>
+<p class="index">Morrill, Lot N., Senator, <a href="#Page_263">263</a>.</p>
+<p class="index">Morrison, J. L. D., <a href="#Page_41">41</a>.</p>
+<p class="index">Morton, Oliver P., Senator, <a href="#Page_298">298</a>, <a href="#Page_307">307</a> <i>n.</i>, <a href="#Page_339">339</a>, <a href="#Page_346">346</a>, <a href="#Page_355">355</a>, <a href="#Page_363">363</a>, <a href="#Page_371">371</a>, <a href="#Page_376">376</a>, <a href="#Page_405">405</a>, <a href="#Page_406">406</a> and <i>n.</i></p>
+<p class="index">Motley, J. Lothrop, minister to England, removed, <a href="#Page_347">347</a>, <a href="#Page_348">348</a>.</p>
+<p class="index">Moultrie, Fort, <a href="#Page_129">129</a>.</p>
+<p class="index">Murphy, Thomas, appointed collector of N. Y., <a href="#Page_362">362</a>, <a href="#Page_363">363</a>;</p>
+<p class="index1">and the Leet and Stocking case, <a href="#Page_365">365</a>, <a href="#Page_368">368</a>; <a href="#Page_371">371</a>.</p>
+<p class="index"><i>Nation</i>, the, praises Johnson's first message, <a href="#Page_244">244</a>, <a href="#Page_245">245</a>;</p>
+<p class="index1">quoted, on T. and the Georgia bill, <a href="#Page_299">299</a>, <a href="#Page_300">300</a>;</p>
+<p class="index1">on Republican abuse of the "Seven traitors," <a href="#Page_316">316</a>, <a href="#Page_317">317</a>;</p>
+<p class="index1">on conference of revenue reformers, <a href="#Page_353">353</a>, <a href="#Page_354">354</a>;</p>
+<p class="index1">on Liberal Republican movement, <a href="#Page_355">355</a>, <a href="#Page_356">356</a>;</p>
+<p class="index1">on Leet and Stocking case, <a href="#Page_368">368</a>, <a href="#Page_369">369</a>;</p>
+<p class="index1">on opposition to Grant, <a href="#Page_370">370</a>, <a href="#Page_371">371</a>;</p>
+<p class="index1">on Cooper Union meeting, <a href="#Page_376">376</a>, <a href="#Page_377">377</a>;</p>
+<p class="index1">on Schurz's attitude toward Greeley, <a href="#Page_392">392</a>;</p>
+<p class="index1">and the defeat of Greeley, <a href="#Page_404">404</a>; <a href="#Page_273">273</a>, <a href="#Page_372">372</a>.</p>
+<hr class="thin" />
+ <p id="N" class="index">National Union Convention of Johnson men, <a href="#Page_285">285</a>, <a href="#Page_286">286</a>, <a href="#Page_323">323</a>.</p>
+<p class="index">Nationalism, and the Constitution, <a href="#Page_xxvi">xxvi</a>, <a href="#Page_xxvii">xxvii</a>.</p>
+<p class="index">Nebraska, bill to organize territory of, reported by Douglas, <a href="#Page_33">33</a>, <a href="#Page_34">34</a>.</p>
+<p class="index1"><i>And see</i> Anti-Nebraska Democrats, and Kansas-Nebraska bill.</p>
+<p class="index">Negro suffrage, omitted from new constitution of La., <a href="#Page_233">233</a>;</p>
+<p class="index1">Garrison opposes imposition of, in the South, <a href="#Page_235">235</a>;</p>
+<p class="index1">Pres. Johnson opposed to, <a href="#Page_236">236</a>, <a href="#Page_237">237</a>;</p>
+<p class="index1">vote of Johnson's Cabinet on, as applying to provisional governments, <a href="#Page_238">238</a>;</p>
+<p class="index1">not included in executive orders, <a href="#Page_238">238</a>, <a href="#Page_239">239</a>;</p>
+<p class="index1">W. Phillips's views on, <a href="#Page_239">239</a>, <a href="#Page_240">240</a>,</p>
+<p class="index2">traversed by N. Y. <i>Tribune</i>, <a href="#Page_240">240</a>,</p>
+<p class="index2">and <i>Times</i>, <a href="#Page_240">240</a>, <a href="#Page_241">241</a>;</p>
+<p class="index1">in Northern States in 1866, <a href="#Page_243">243</a>;</p>
+<p class="index1">question of, not acute in early 1866, <a href="#Page_261">261</a>;</p>
+<p class="index1">Howard argues against, <a href="#Page_287">287</a>;</p>
+<p class="index1">made a permanent condition of reconstruction, <a href="#Page_292">292</a> and <i>n.</i>;</p>
+<p class="index1">Northern opinion concerning, <a href="#Page_293">293</a>;</p>
+<p class="index1">in Republican convention of 1868, <a href="#Page_332">332</a>, <a href="#Page_333">333</a>;</p>
+<p class="index1">finally embodied in 15th Amendment, <a href="#Page_338">338</a>-<a href="#Page_340">340</a>.</p>
+<p class="index">Negroes, T. appears for in attempts to regain freedom, <a href="#Page_28">28</a> <i>ff.</i>;</p>
+<p class="index1">right of, to bring actions in U. S. courts, <a href="#Page_64">64</a>;</p>
+<p class="index1">condition of, in South, under reconstruction, <a href="#Page_241">241</a>-<a href="#Page_243">243</a>;</p>
+<p class="index1">status of, in Northern states, in 1866, <a href="#Page_243">243</a>;</p>
+<p class="index1">debate on granting civil rights to, <a href="#Page_265">265</a> <i>ff.</i></p>
+<p class="index">Nelson, Samuel, Justice Sup. Ct, <a href="#Page_289">289</a>.</p>
+<p class="index">Nelson, Thomas A.R., of counsel for Johnson, <a href="#Page_309">309</a>.</p>
+<p class="index">Nesmith, James W., Senator, <a href="#Page_261">261</a>, <a href="#Page_285">285</a>.</p>
+<p class="index">New England, why opposed to Louisiana Purchase, <a href="#Page_xxiii">xxiii</a>, <a href="#Page_xxiv">xxiv</a>.</p>
+<p class="index">New England Emigrant Aid Co., attacked by Douglas, <a href="#Page_35">35</a>;</p>
+<p class="index1">blamed by Pierce and Douglas for disorders in Kansas, <a href="#Page_26">26</a> <i>ff.</i>;</p>
+<p class="index1">defended by T., <a href="#Page_58">58</a>, <a href="#Page_59">59</a>.</p>
+<p class="index">New Jersey, opposed to Seward, <a href="#Page_103">103</a>;</p>
+<p class="index1">legislature of, elects Stockton Senator, <a href="#Page_262">262</a>;</p>
+<p class="index1">validity of his election challenged, <a href="#Page_262">262</a>-<a href="#Page_265">265</a>.</p>
+<p class="index">New York, "compromisers" from, <a href="#Page_122">122</a>;</p>
+<p class="index1">and the 15th Amendment, <a href="#Page_340">340</a>;</p>
+<p class="index1">majority against Greeley in, <a href="#Page_402">402</a>.</p>
+<p class="index">New York <i>Evening Post</i>, quoted, on exclusion of negroes from suffrage, <a href="#Page_239">239</a>;</p>
+<p class="index1">on the impeachment trial, <a href="#Page_314">314</a>, <a href="#Page_315">315</a>; <a href="#Page_91">91</a>, <a href="#Page_372">372</a>, <a href="#Page_375">375</a>.</p>
+<p class="index">New York Free Trade League, <a href="#Page_353">353</a>.</p>
+<p class="index">New York <i>Herald</i>, quoted, on Cincinnati convention, <a href="#Page_390">390</a>; <a href="#Page_50">50</a>, <a href="#Page_378">378</a>.</p>
+<p class="index">New York Republicans oppose Seward's inclusion in Lincoln's Cabinet, <a href="#Page_139">139</a> <i>ff.</i>;</p>
+<p class="index1">T.'s Interview with, <a href="#Page_140">140</a>, <a href="#Page_141">141</a>.</p>
+<p class="index">New York <i>Times</i>, quoted, on T.'s debate with Douglas, <a href="#Page_66">66</a>;</p>
+<p class="index1">on Seward's dispatch to Adams, <a href="#Page_211">211</a>;</p>
+<p class="index1">on Johnson's first message, <a href="#Page_244">244</a>.</p>
+<p class="index">New York <i>Tribune</i>, quoted, in T.'s debate with Douglas, <a href="#Page_66">66</a>;</p>
+<p class="index1">praises Douglas, <a href="#Page_87">87</a>;</p>
+<p class="index1">and the Vallandigham case, <a href="#Page_205">205</a>, <a href="#Page_206">206</a>, <a href="#Page_209">209</a> <i>n.</i>;</p>
+<p class="index1">on Lincoln's revocation of order suppressing Chicago <i>Times</i>, <a href="#Page_209">209</a> <i>n.</i>;</p>
+<p class="index1">defends Johnson against Phillips, <a href="#Page_240">240</a>; <a href="#Page_91">91</a>, <a href="#Page_92">92</a>, <a href="#Page_239">239</a>, <a href="#Page_314">314</a>, <a href="#Page_315">315</a>, <a href="#Page_372">372</a>.</p>
+<p class="index">New York <i>World</i>, circulation of, in Burnside's department, forbidden by him, <a href="#Page_206">206</a>; <a href="#Page_373">373</a>.</p>
+<p class="index">Newman, Professor, <a href="#Page_235">235</a>.</p>
+<p class="index">Nicholson letter, on squatter sovereignty, <a href="#Page_94">94</a>.</p>
+<p class="index">Nicolay, John G., quoted, <a href="#Page_75">75</a>.</p>
+<p class="index">Nicolay (John G.) and Hay (John), <i>Abraham Lincoln</i>, on Lincoln's offer to evacuate Sumter, <a href="#Page_159">159</a>;</p>
+<p class="index1">on Cameron's leaving the Cabinet, <a href="#Page_185">185</a>, <a href="#Page_186">186</a>;</p>
+<p class="index1">quoted, <a href="#Page_143">143</a>, <a href="#Page_162">162</a>, <a href="#Page_220">220</a>.</p>
+<p class="index">Niles, Nathaniel, <a href="#Page_30">30</a>.</p>
+<p class="index">North, the, took up arms to preserve the Union, <a href="#Page_xxi">xxi</a>, <a href="#Page_xxii">xxii</a>;</p>
+<p class="index1">slavery in, <a href="#Page_xxviii">xxviii</a>.</p>
+<p class="index">North Carolina, attempt at reconstruction in, <a href="#Page_238">238</a>;</p>
+<p class="index1">qualifications of electors in, <a href="#Page_238">238</a>;</p>
+<p class="index1">election of August, 1872, in, <a href="#Page_399">399</a>, <a href="#Page_400">400</a>.</p>
+<p class="index">Northern States, negro suffrage in, <a href="#Page_243">243</a>.</p>
+<p class="index">Northern view of reconstruction, <a href="#Page_293">293</a>.</p>
+<p class="index">Northwest, the, its claim to consideration, <a href="#Page_132">132</a>, <a href="#Page_133">133</a>.</p>
+<p class="index">Northwestern Territory, slavery in, before</p>
+<p><span class="pagenum"><a id="Page_449">[449]</a></span></p>
+<p class="index1">1787, <a href="#Page_23">23</a>, <a href="#Page_24">24</a>;</p>
+<p class="index1">provisions of Ordinance of 1787, concerning slavery in, <a href="#Page_24">24</a>;</p>
+<p class="index1">main source of immigration to, <a href="#Page_24">24</a>.</p>
+<p class="index">Norton, Daniel S., Senator, his vote against impeachment, <a href="#Page_323">323</a>; <a href="#Page_261">261</a>, <a href="#Page_285">285</a>, <a href="#Page_313">313</a>.</p>
+<p class="index">Nourse, George A., <a href="#Page_68">68</a>.</p>
+<p class="index">Noyes, William C., <a href="#Page_140">140</a>, <a href="#Page_141">141</a>.</p>
+<p class="index">Nullification, in South Carolina, <a href="#Page_xxv">xxv</a>, <a href="#Page_xxvi">xxvi</a>;</p>
+<p class="index1">in Mass. (1885), <a href="#Page_xxvi">xxvi</a>.</p>
+<p class="index">Nye, James W., Senator, <a href="#Page_360">360</a>.</p>
+<hr class="thin" />
+ <p id="O" class="index">O'Conor, Charles, nominated for Pres. by dissentient Democrats (1872), but declines, <a href="#Page_394">394</a>.</p>
+<p class="index">Ogden, William B., <a href="#Page_207">207</a>.</p>
+<p class="index">Oglesby, Richard J., General, succeeds T. in Senate, <a href="#Page_407">407</a>; <a href="#Page_277">277</a>.</p>
+<p class="index">Ohio, in convention of 1860, <a href="#Page_107">107</a>;</p>
+<p class="index1">proposed suffrage amendment to constitution of, rejected, <a href="#Page_295">295</a>;</p>
+<p class="index1">and the 15th Amendment, <a href="#Page_340">340</a>;</p>
+<p class="index1">and the call for a Liberal Republican convention, <a href="#Page_372">372</a>;</p>
+<p class="index1">election of Oct., 1872, in, <a href="#Page_402">402</a>.</p>
+<p class="index">"Old Public Functionary" (Buchanan), <a href="#Page_122">122</a>.</p>
+<p class="index">Opdycke, George, <a href="#Page_147">147</a>, <a href="#Page_178">178</a>.</p>
+<p class="index">Ord, Edward O. C., General, orders arrest of McCardle, <a href="#Page_327">327</a>.</p>
+<p class="index">Ordinance of 1787, provisions of, concerning slavery, <a href="#Page_24">24</a>;</p>
+<p class="index1">violated by territorial legislature of Ill., <a href="#Page_24">24</a>, <a href="#Page_25">25</a>;</p>
+<p class="index1">attempts to repeal 6th article of, <a href="#Page_25">25</a>;</p>
+<p class="index1">kept slavery out of Ill., <a href="#Page_28">28</a>.;</p>
+<p class="index1">and the 13th Amendment, <a href="#Page_224">224</a>.</p>
+<p class="index">Osgood, Uri (Illinois senate), <a href="#Page_41">41</a>, <a href="#Page_42">42</a>, <a href="#Page_43">43</a>.</p>
+<p class="index">Otis, Harrison G., Mayor of Boston, and the <i>Liberator</i>, <a href="#Page_xxxii">xxxii</a>.</p>
+<p class="index">Owen, Robert Dale, principal author of 14th Amendment, <a href="#Page_282">282</a>.</p>
+<hr class="thin" />
+ <p id="P" class="index">Palmer, John M., General, on Republican alliance with Douglas, <a href="#Page_87">87</a>, <a href="#Page_88">88</a>;</p>
+<p class="index1">on Lincoln's prospect of renomination, <a href="#Page_214">214</a>, <a href="#Page_215">215</a>, <a href="#Page_216">216</a>;</p>
+<p class="index1">on Grant's character and future, <a href="#Page_216">216</a>;</p>
+<p class="index1">on Liberal Republican movement, <a href="#Page_377">377</a>; <a href="#Page_21">21</a>, <a href="#Page_41">41</a>, <a href="#Page_43">43</a>, <a href="#Page_45">45</a>, <a href="#Page_46">46</a> <i>n.</i>, <a href="#Page_93">93</a>, <a href="#Page_109">109</a>, <a href="#Page_277">277</a>, <a href="#Page_373">373</a>, <a href="#Page_419">419</a>.</p>
+<p class="index">Parker, Rev. Theodore, <a href="#Page_78">78</a>.</p>
+<p class="index">Parks, Sam C., quoted, <a href="#Page_46">46</a> <i>n.</i>, <a href="#Page_75">75</a>, <a href="#Page_119">119</a>.</p>
+<p class="index">Particularism, and the Constitution, <a href="#Page_xxvi">xxvi</a>.</p>
+<p class="index">Patterson, James W., Senator, <a href="#Page_343">343</a>, <a href="#Page_362">362</a>, <a href="#Page_363">363</a>, <a href="#Page_364">364</a>, <a href="#Page_367">367</a>, <a href="#Page_371">371</a>.</p>
+<p class="index">Payne, conspirator, <a href="#Page_289">289</a>.</p>
+<p class="index">Pearce, James A., Senator, <a href="#Page_194">194</a>.</p>
+<p class="index">Peck, Ebenezer, quoted, <a href="#Page_74">74</a>, <a href="#Page_80">80</a>, <a href="#Page_119">119</a>, <a href="#Page_147">147</a>, <a href="#Page_148">148</a>; <a href="#Page_13">13</a>, <a href="#Page_87">87</a>, <a href="#Page_150">150</a>, <a href="#Page_427">427</a>, <a href="#Page_431">431</a>.</p>
+<p class="index">Peck, Rev. John M., <a href="#Page_27">27</a>, <a href="#Page_28">28</a>.</p>
+<p class="index">Peirpoint, Francis M., recognized as Governor of Va., under reconstruction, <a href="#Page_237">237</a>; <a href="#Page_161">161</a>.</p>
+<p class="index">Pendleton, George H., Congressman, and the "Greenback" movement, <a href="#Page_324">324</a>.</p>
+<p class="index">Pennsylvania, opposed to Seward, <a href="#Page_103">103</a>;</p>
+<p class="index1">in convention of 1860, <a href="#Page_106">106</a>, <a href="#Page_107">107</a>;</p>
+<p class="index1">in Liberal Republican movement, <a href="#Page_374">374</a>;</p>
+<p class="index1">election of Oct. 1872, in, <a href="#Page_402">402</a>.</p>
+<p class="index">People's party, issues T's speech at Chicago as campaign document, <a href="#Page_415">415</a>;</p>
+<p class="index1">T. draws resolutions for meeting of, <a href="#Page_415">415</a>-<a href="#Page_417">417</a>.</p>
+<p class="index">Philadelphia, National Union Convention at, <a href="#Page_285">285</a>, <a href="#Page_286">286</a>.</p>
+<p class="index">Phillips, D. L., quoted, <a href="#Page_75">75</a>, <a href="#Page_89">89</a>; <a href="#Page_213">213</a>.</p>
+<p class="index">Phillips, Wendell, opposes re&euml;lection of Lincoln, <a href="#Page_220">220</a>;</p>
+<p class="index1">savagely attacks Johnson, <a href="#Page_239">239</a>, <a href="#Page_240">240</a>;</p>
+<p class="index1">reproved by N. Y. <i>Tribune</i>, <a href="#Page_240">240</a>,</p>
+<p class="index2">and <i>Times</i>, <a href="#Page_240">240</a>, <a href="#Page_241">241</a>; <a href="#Page_388">388</a>.</p>
+<p class="index">Piatt, Donn, <i>Memories of Men who saved the Union</i>, quoted, <a href="#Page_222">222</a>.</p>
+<p class="index">Pickens, Francis W., Governor, <a href="#Page_121">121</a>, <a href="#Page_155">155</a>, <a href="#Page_156">156</a>, <a href="#Page_157">157</a>, <a href="#Page_158">158</a>.</p>
+<p class="index1"><i>And see</i> Harvey.</p>
+<p class="index">Pierce, Edward L., <i>Life of Sumner</i>, quoted, <a href="#Page_292">292</a> <i>n.</i>, <a href="#Page_347">347</a> <i>n.</i>; <a href="#Page_66">66</a>.</p>
+<p class="index">Pierce, Franklin, President, makes Reeder Governor of Kansas, <a href="#Page_49">49</a>;</p>
+<p class="index1">removes Reeder and appoints Shannon, <a href="#Page_55">55</a>;</p>
+<p class="index1">his special message on Kansas affairs, <a href="#Page_55">55</a>; <a href="#Page_xxi">xxi</a>, <a href="#Page_37">37</a>, <a href="#Page_52">52</a>, <a href="#Page_54">54</a>, <a href="#Page_65">65</a>, <a href="#Page_73">73</a>, <a href="#Page_83">83</a>, <a href="#Page_246">246</a>.</p>
+<p class="index">Poland, Luke D., Senator, <a href="#Page_262">262</a>, <a href="#Page_304">304</a>.</p>
+<p class="index">Pomeroy, Samuel C., Senator, <a href="#Page_202">202</a>, <a href="#Page_203">203</a>.</p>
+<p class="index">Poore, Ben: Perley, <a href="#Page_342">342</a>.</p>
+<p class="index">"Popular sovereignty," <a href="#Page_39">39</a>.</p>
+<p class="index">Porter, Horace, General, <a href="#Page_366">366</a>.</p>
+<p class="index">Postage in early 19th century, <a href="#Page_7">7</a>, <a href="#Page_20">20</a>.</p>
+<p class="index">Pottawatomie massacre, the, <a href="#Page_97">97</a>.</p>
+<p class="index">Powell, Lazarus W., Senator, opposes habeas corpus suspension bill, <a href="#Page_198">198</a>, <a href="#Page_199">199</a>, <a href="#Page_200">200</a>, <a href="#Page_201">201</a>, <a href="#Page_202">202</a>; <a href="#Page_116">116</a>.</p>
+<p class="index">Protection, meaning of, in 1871, <a href="#Page_354">354</a>.</p>
+<p class="index">Pullman Co., strike of employees of, <a href="#Page_413">413</a>-<a href="#Page_415">415</a>.</p>
+<hr class="thin" />
+ <p id="R" class="index">Randall, Alexander W., Postmaster General, <a href="#Page_285">285</a>.</p>
+<p class="index">Randall, J. G., <a href="#Page_174">174</a> and <i>n.</i></p>
+<p class="index">Randolph, John, of Roanoke, and article <a href="#Page_6">6</a> of Ordinance of 1787, <a href="#Page_25">25</a>; <a href="#Page_xxxi">xxxi</a>.</p>
+<p class="index">Raum, Green B., quoted, <a href="#Page_67">67</a> and <i>n.</i></p>
+<p class="index">Rawlins, John A., General, appointed Secretary of War, <a href="#Page_337">337</a>; <a href="#Page_330">330</a>.</p>
+<p class="index">Ray, C. H., quoted, <a href="#Page_74">74</a>, <a href="#Page_75">75</a>, <a href="#Page_87">87</a>, <a href="#Page_148">148</a>, <a href="#Page_243">243</a>, <a href="#Page_261">261</a>; <a href="#Page_79">79</a>, <a href="#Page_80">80</a>, <a href="#Page_151">151</a>.</p>
+<p class="index">Ray, P. Ormon, Repeal of the Missouri Compromise, <a href="#Page_37">37</a> <i>n.</i></p>
+<p class="index">Raymond, Henry J., Congressman, <a href="#Page_272">272</a>.</p>
+<p class="index">Read, John M., <a href="#Page_108">108</a>.</p>
+<p class="index">Reconstruction, Lincoln's plan of, set forth in proclamation of Dec. 8, 1863, <a href="#Page_232">232</a>;</p>
+<p class="index1">the La. attempt at, <a href="#Page_233">233</a>, <a href="#Page_234">234</a>;</p>
+<p class="index1">Lincoln's address on, Apr. 11, 1865, <a href="#Page_235">235</a>;</p>
+<p class="index1">his plan endorsed by Garrison, <a href="#Page_235">235</a>, <a href="#Page_236">236</a>,</p>
+<p class="index2">and adopted by Johnson, <a href="#Page_237">237</a>;</p>
+<p class="index1">in Va., <a href="#Page_237">237</a>;</p>
+<p class="index1">in Tenn., <a href="#Page_237">237</a>, <a href="#Page_238">238</a>;</p>
+<p class="index1">in Ark., <a href="#Page_238">238</a>;</p>
+<p class="index1">in No. Carolina, and other seceding states, <a href="#Page_238">238</a>;</p>
+<p><span class="pagenum"><a id="Page_450">[450]</a></span></p>
+<p class="index1">Shaffer and Ray on conditions in those States under, <a href="#Page_242">242</a>, <a href="#Page_243">243</a>;</p>
+<p class="index1">the <i>Nation</i> on Johnson's plan of, <a href="#Page_244">244</a>, <a href="#Page_245">245</a>;</p>
+<p class="index1">Lincoln's plan of, definitely abandoned, <a href="#Page_291">291</a>;</p>
+<p class="index1">supplementary measure of, passed by Congress, vetoed, and passed over veto, <a href="#Page_294">294</a>;</p>
+<p class="index1">drastic provisions of, <a href="#Page_294">294</a>;</p>
+<p class="index1">further measures of, passed over vetoes, <a href="#Page_295">295</a>;</p>
+<p class="index1">a failure, <a href="#Page_341">341</a>;</p>
+<p class="index1">change in T.'s course on, <a href="#Page_423">423</a>, <a href="#Page_424">424</a>.</p>
+<p class="index">Reconstruction, House Committee on, inquires into suspension of Stanton, <a href="#Page_306">306</a>;</p>
+<p class="index1">refuses to recommend impeachment, <a href="#Page_308">308</a>.</p>
+<p class="index">Reconstruction, Joint Committee on, members of, <a href="#Page_281">281</a>;</p>
+<p class="index1">amendment to Constitution proposed to, by Bingham and Stevens, <a href="#Page_282">282</a>;</p>
+<p class="index1">reports 14th Amendment, <a href="#Page_283">283</a>, <a href="#Page_284">284</a>.</p>
+<p class="index">Reconstruction bill (Stevens's) establishing military government in South, <a href="#Page_291">291</a>, <a href="#Page_292">292</a>;</p>
+<p class="index1">amended by provision for negro suffrage, <a href="#Page_292">292</a>;</p>
+<p class="index1">passed by Congress, vetoed, and passed over veto, <a href="#Page_293">293</a>, <a href="#Page_294">294</a>.</p>
+<p class="index">Reeder, Andrew H., appointed Governor of Kansas, <a href="#Page_49">49</a>;</p>
+<p class="index1">confirms elections of Whitfield as Delegate to Congress, <a href="#Page_49">49</a>, <a href="#Page_50">50</a>;</p>
+<p class="index1">and the Missourian invaders, <a href="#Page_50">50</a>, <a href="#Page_51">51</a>, <a href="#Page_53">53</a>, <a href="#Page_54">54</a>;</p>
+<p class="index1">removed by Pierce, <a href="#Page_55">55</a>; <a href="#Page_56">56</a>, <a href="#Page_59">59</a>, <a href="#Page_63">63</a>, <a href="#Page_108">108</a>, <a href="#Page_150">150</a>.</p>
+<p class="index">Religion, T.'s views on, <a href="#Page_430">430</a>, <a href="#Page_431">431</a>.</p>
+<p class="index">Republican National Convention (<i>1856</i>), <a href="#Page_69">69</a>;</p>
+<p class="index1">(<i>1860</i>), nominates Lincoln, <a href="#Page_105">105</a>, <a href="#Page_106">106</a>;</p>
+<p class="index1">(<i>1868</i>) on negro suffrage, <a href="#Page_332">332</a>, <a href="#Page_333">333</a>;</p>
+<p class="index1">its negro-suffrage plank too brazen to be long maintained, <a href="#Page_338">338</a>;</p>
+<p class="index1">(<i>1872</i>), nominates Grant and Wilson, <a href="#Page_393">393</a>;</p>
+<p class="index1">platform of, <a href="#Page_394">394</a>.</p>
+<p class="index">Republican party, first national convention of, <a href="#Page_69">69</a>, <a href="#Page_70">70</a>;</p>
+<p class="index1">rumored alliance of Douglas with, <a href="#Page_78">78</a>-<a href="#Page_80">80</a>;</p>
+<p class="index1">still inchoate in 1860, <a href="#Page_102">102</a>;</p>
+<p class="index1">candidate for presidential nomination of, in 1860, <a href="#Page_102">102</a> <i>ff.</i>;</p>
+<p class="index1">T.'s views concerning, <a href="#Page_103">103</a>, <a href="#Page_104">104</a>;</p>
+<p class="index1">T.'s view of duty of, in 1861, <a href="#Page_113">113</a>, <a href="#Page_114">114</a>;</p>
+<p class="index1">T.'s position in, in campaign of 1866, <a href="#Page_273">273</a>;</p>
+<p class="index1">control of, shifted to radical wing by veto of Civil Rights bill, <a href="#Page_277">277</a>;</p>
+<p class="index1">power of that wing of, increased by refusal of South to ratify 14th Amendment, <a href="#Page_287">287</a>;</p>
+<p class="index1">lead of, in Congress, assumed by Sumner and Stevens, <a href="#Page_291">291</a>;</p>
+<p class="index1">definitely abandons Lincoln's plan of reconstruction, <a href="#Page_291">291</a>;</p>
+<p class="index1">generally adopts Sumner's view of impeachment, <a href="#Page_312">312</a>;</p>
+<p class="index1">treatment of "traitor" Senators by, <a href="#Page_322">322</a>-<a href="#Page_326">326</a>;</p>
+<p class="index1">Henderson alone forgiven, <a href="#Page_326">326</a>;</p>
+<p class="index1">corruption in, in 1870, <a href="#Page_341">341</a> <i>ff.</i>;</p>
+<p class="index1">division in, in Mo., <a href="#Page_351">351</a> <i>ff.</i>;</p>
+<p class="index1">both sections of, in Mo., adopt "Anti-tariff" resolution, <a href="#Page_352">352</a>;</p>
+<p class="index1">defeated in Congressional elections of 1874, <a href="#Page_408">408</a>;</p>
+<p class="index1">T.'s separation from, <a href="#Page_420">420</a>.</p>
+<p class="index">Republicans of the first period, <a href="#Page_xxiii">xxiii</a>.</p>
+<p class="index">Republicans, Eastern, favor Douglas's re-election to Senate, <a href="#Page_86">86</a>;</p>
+<p class="index1">and the Lincoln-Douglas campaign, <a href="#Page_91">91</a>, <a href="#Page_92">92</a>;</p>
+<p class="index1">in Ill., distrust Douglas, <a href="#Page_86">86</a>,</p>
+<p class="index2">and prefer Lincoln for Senator, <a href="#Page_86">86</a>;</p>
+<p class="index1">those opposed to Lincoln, nominate Fr&eacute;mont and Cochrane (1864), <a href="#Page_219">219</a>, <a href="#Page_220">220</a>.</p>
+<p class="index">Retrenchment, Joint Committee on, report of, <a href="#Page_362">362</a>, <a href="#Page_363">363</a>;</p>
+<p class="index1">and the Leet and Stocking case, <a href="#Page_364">364</a> <i>ff.</i></p>
+<p class="index">Revenue reform, an element in Liberal Republican movement, <a href="#Page_352">352</a>, <a href="#Page_353">353</a>;</p>
+<p class="index1">conference of advocates of, <a href="#Page_353">353</a>, <a href="#Page_354">354</a>;</p>
+<p class="index1">in the Cincinnati convention, <a href="#Page_381">381</a>, <a href="#Page_382">382</a>.</p>
+<p class="index">Reynolds, John, Governor, and the pro-slavery attempt to amend the constitution of Ill., <a href="#Page_26">26</a>;</p>
+<p class="index1">quoted, <a href="#Page_28">28</a>; <a href="#Page_6">6</a> <i>n.</i>, <a href="#Page_11">11</a>, <a href="#Page_38">38</a>.</p>
+<p class="index">Rhode Island, opposed to Seward, <a href="#Page_103">103</a>.</p>
+<p class="index">Rhodes, James F., <i>History of the U. S.</i>, quoted on "anti-impeachment" Senators, <a href="#Page_322">322</a>;</p>
+<p class="index1">on La. returning board, <a href="#Page_408">408</a>;</p>
+<p class="index1">cited, <a href="#Page_406">406</a> <i>n.</i></p>
+<p class="index">Richardson, William A., Senator, <a href="#Page_10">10</a>, <a href="#Page_197">197</a>, <a href="#Page_201">201</a>, <a href="#Page_427">427</a>.</p>
+<p class="index">Riddle, A. G., <i>Recollections of War-Time</i>, quoted, <a href="#Page_228">228</a> <i>n.</i>; <a href="#Page_219">219</a>.</p>
+<p class="index">Robbins, Henry S., T.'s partner, <a href="#Page_407">407</a>;</p>
+<p class="index1">quoted, on T.'s character, <a href="#Page_425">425</a>.</p>
+<p class="index">Robertson, Thomas J., <a href="#Page_359">359</a>.</p>
+<p class="index">Robeson, George M., appointed Secretary of the Navy, <a href="#Page_337">337</a>;</p>
+<p class="index1">action in the Secor case, <a href="#Page_396">396</a>, <a href="#Page_397">397</a>, <a href="#Page_398">398</a>.</p>
+<p class="index">Ross, Edmund G., Senator, immortalized by his vote against impeachment, <a href="#Page_322">322</a>;</p>
+<p class="index1">his later years, and death in poverty, <a href="#Page_322">322</a>; <a href="#Page_299">299</a>, <a href="#Page_314">314</a>, <a href="#Page_317">317</a>.</p>
+<p class="index">Russia, Cameron appointed Minister to, <a href="#Page_186">186</a>, <a href="#Page_187">187</a>-<a href="#Page_189">189</a>.</p>
+<hr class="thin" />
+ <p id="S" class="index">San Domingo treaty, opposed by Sumner, <a href="#Page_342">342</a>, <a href="#Page_343">343</a>;</p>
+<p class="index1">Wade commission, <a href="#Page_343">343</a>,</p>
+<p class="index2">and its report, <a href="#Page_386">386</a>;</p>
+<p class="index1">attempt to secure ratification of, <a href="#Page_360">360</a>.</p>
+<p class="index">Sands, Mahlon D., convokes conference of revenue reformers, <a href="#Page_353">353</a>.</p>
+<p class="index">Saulsbury, Willard, Senator, <a href="#Page_201">201</a>, <a href="#Page_228">228</a>, <a href="#Page_249">249</a>, <a href="#Page_250">250</a>, <a href="#Page_267">267</a>, <a href="#Page_268">268</a>, <a href="#Page_272">272</a>.</p>
+<p class="index">Scates, Walter B., Judge, quoted, <a href="#Page_213">213</a>; <a href="#Page_21">21</a>, <a href="#Page_375">375</a>.</p>
+<p class="index">Schenck, Robert C., Congressman, <a href="#Page_165">165</a>, <a href="#Page_166">166</a>, <a href="#Page_167">167</a>.</p>
+<p class="index">Schurz, Carl, Senator, report of, in his Southern tour, <a href="#Page_253">253</a>-<a href="#Page_255">255</a>;</p>
+<p class="index1">his report has great influence, <a href="#Page_254">254</a>;</p>
+<p class="index1">his later doubts as to his conclusions, <a href="#Page_254">254</a> <i>n.</i>;</p>
+<p class="index1">succeeds Henderson in Senate, <a href="#Page_351">351</a>, <a href="#Page_352">352</a>;</p>
+<p class="index1">a leader in Liberal Republican movement, <a href="#Page_352">352</a>;</p>
+<p class="index1">opposes Ku-Klux-Klan bill, <a href="#Page_356">356</a>, <a href="#Page_358">358</a>;</p>
+<p class="index1">his speech a masterpiece, <a href="#Page_358">358</a>;</p>
+<p class="index1">on Leet and Stocking case, <a href="#Page_365">365</a>, <a href="#Page_366">366</a>;</p>
+<p class="index1">chairman of Cincinnati Convention, <a href="#Page_383">383</a>;</p>
+<p><span class="pagenum"><a id="Page_451">[451]</a></span></p>
+<p class="index1">his view of nomination, <a href="#Page_384">384</a>, <a href="#Page_385">385</a>;</p>
+<p class="index1">how connected with course of Blair and Brown, <a href="#Page_385">385</a> and <i>n.</i>; his attitude toward Greeley's candidacy, <a href="#Page_391">391</a>, <a href="#Page_392">392</a>;</p>
+<p class="index1">urges him to decline, <a href="#Page_391">391</a>;</p>
+<p class="index1">Godkin and Godwin remonstrate with, <a href="#Page_392">392</a>, <a href="#Page_393">393</a>;</p>
+<p class="index1">in the campaign, <a href="#Page_399">399</a>;</p>
+<p class="index1">Greeley's farewell letter to, <a href="#Page_403">403</a>; <a href="#Page_107">107</a>, <a href="#Page_189">189</a>, <a href="#Page_343">343</a>, <a href="#Page_344">344</a>, <a href="#Page_353">353</a>, <a href="#Page_359">359</a>, <a href="#Page_363">363</a>, <a href="#Page_369">369</a>, <a href="#Page_371">371</a>, <a href="#Page_373">373</a>, <a href="#Page_377">377</a>, <a href="#Page_378">378</a>, <a href="#Page_389">389</a>, <a href="#Page_402">402</a>.</p>
+<p class="index">Scott, Dred, not consciously a party to suit brought in his name, <a href="#Page_82">82</a>, <a href="#Page_83">83</a>.</p>
+<p class="index1"><i>And see</i> Dred Scott case.</p>
+<p class="index">Scott, Thomas A., censured by House Committee, <a href="#Page_184">184</a>, <a href="#Page_185">185</a>; <a href="#Page_172">172</a> <i>n.</i>, <a href="#Page_186">186</a>.</p>
+<p class="index">Scott, Winfield, General, has authority from Lincoln to suspend habeas corpus, <a href="#Page_190">190</a>; <a href="#Page_121">121</a>, <a href="#Page_122">122</a>, <a href="#Page_128">128</a>, <a href="#Page_171">171</a>.</p>
+<p class="index">Scripps, John L., <a href="#Page_87">87</a>.</p>
+<p class="index">Secession movement, history of, <a href="#Page_125">125</a> <i>ff.</i></p>
+<p class="index">Secors, the, and the Navy Dep't, <a href="#Page_397">397</a>, <a href="#Page_398">398</a>.</p>
+<p class="index">Senate of U. S., debates Kansas-Nebraska bill, <a href="#Page_34">34</a>,</p>
+<p class="index2">and passes it, <a href="#Page_37">37</a>; T. takes his seat in, <a href="#Page_48">48</a>;</p>
+<p class="index1">debates on affairs in Kansas in, <a href="#Page_55">55</a> <i>ff.</i>, <a href="#Page_63">63</a>, <a href="#Page_64">64</a>, <a href="#Page_65">65</a>, <a href="#Page_76">76</a> <i>ff.</i>, <a href="#Page_81">81</a>, <a href="#Page_82">82</a>, <a href="#Page_83">83</a>;</p>
+<p class="index1">passes Lecompton bill, <a href="#Page_83">83</a>,</p>
+<p class="index2">and substituted English bill, <a href="#Page_84">84</a>;</p>
+<p class="index1">debate on popular sovereignty in, <a href="#Page_94">94</a>;</p>
+<p class="index1">debate on Davis's anti-Douglas resolutions in, <a href="#Page_95">95</a>, <a href="#Page_96">96</a>,</p>
+<p class="index2">and on John Brown raid, <a href="#Page_98">98</a>-<a href="#Page_100">100</a>;</p>
+<p class="index1">J. Davis's last speeches in, <a href="#Page_110">110</a>, <a href="#Page_114">114</a>, <a href="#Page_115">115</a>;</p>
+<p class="index1">debates Crittenden Compromise, <a href="#Page_115">115</a>-<a href="#Page_117">117</a>,</p>
+<p class="index3">and rejects it, <a href="#Page_117">117</a>;</p>
+<p class="index1">passes proposed amendment to constitution forbidding interference with slavery, <a href="#Page_117">117</a>;</p>
+<p class="index1">Douglas's death announced to, by T., <a href="#Page_152">152</a>, <a href="#Page_153">153</a>;</p>
+<p class="index1">struggle in, over confirmation of Cameron as Minister to Russia, <a href="#Page_187">187</a>-<a href="#Page_189">189</a>;</p>
+<p class="index1">debate in, on arbitrary arrests, <a href="#Page_190">190</a> <i>ff.</i>;</p>
+<p class="index1">passes bill concerning political prisoners, <a href="#Page_197">197</a>;</p>
+<p class="index1">debates habeas corpus suspension bill, <a href="#Page_198">198</a> <i>ff.</i>;</p>
+<p class="index1">Democratic filibuster thereon, <a href="#Page_200">200</a>-<a href="#Page_203">203</a>;</p>
+<p class="index1">debates 13th Amendment, <a href="#Page_223">223</a> <i>ff.</i>;</p>
+<p class="index1">debates Louisiana bill, <a href="#Page_233">233</a>, <a href="#Page_234">234</a>;</p>
+<p class="index1">Sumner's attack on Johnson in, <a href="#Page_246">246</a>, <a href="#Page_247">247</a>;</p>
+<p class="index1">debate on Wilson bill in, <a href="#Page_247">247</a>-<a href="#Page_250">250</a>;</p>
+<p class="index1">calls for Schurz's report on Southern affairs, <a href="#Page_253">253</a>;</p>
+<p class="index1">debates Freedmen's Bureau bill, <a href="#Page_258">258</a>-<a href="#Page_260">260</a>,</p>
+<p class="index2">but fails to pass it over veto, <a href="#Page_261">261</a>;</p>
+<p class="index1">Stockton election contest in, <a href="#Page_261">261</a>-<a href="#Page_265">265</a>;</p>
+<p class="index1">debates Civil Rights bill, <a href="#Page_265">265</a>-<a href="#Page_270">270</a>,</p>
+<p class="index2">and passes it over veto, <a href="#Page_272">272</a>;</p>
+<p class="index1">passes 14th Amendment, <a href="#Page_283">283</a>;</p>
+<p class="index1">passes bill admitting Texas, <a href="#Page_284">284</a>;</p>
+<p class="index1">amendment looking to negro suffrage offered in, <a href="#Page_287">287</a>;</p>
+<p class="index1">adopts Sumner's negro-suffrage amendment to Reconstruction bill, <a href="#Page_292">292</a>,</p>
+<p class="index2">and passes bill over veto, <a href="#Page_293">293</a>, <a href="#Page_294">294</a>;</p>
+<p class="index1">pass bills readmitting divers States, <a href="#Page_296">296</a>, <a href="#Page_297">297</a>;</p>
+<p class="index1">debates Georgia bill, <a href="#Page_298">298</a>, <a href="#Page_299">299</a>;</p>
+<p class="index1">debates Tenure-of-Office bill, <a href="#Page_301">301</a>, <a href="#Page_302">302</a>,</p>
+<p class="index1">and passes it over veto, <a href="#Page_303">303</a>;</p>
+<p class="index1">non-concurs in removal of Stanton, <a href="#Page_305">305</a>, <a href="#Page_306">306</a>;</p>
+<p class="index1">trial of Johnson impeachment in, <a href="#Page_309">309</a>-<a href="#Page_314">314</a>, <a href="#Page_318">318</a>-<a href="#Page_320">320</a>;</p>
+<p class="index1">acquits him on three counts, <a href="#Page_320">320</a>, <a href="#Page_321">321</a>;</p>
+<p class="index1">debate on T.'s connection with McCardle case, <a href="#Page_331">331</a>, <a href="#Page_332">332</a>;</p>
+<p class="index1">debates and passes 15th Amendment, <a href="#Page_338">338</a>-<a href="#Page_340">340</a>;</p>
+<p class="index1">debate in, on ousting Sumner from Foreign Affairs Committee, <a href="#Page_343">343</a> <i>ff.</i>;</p>
+<p class="index1">debates Ku-Klux-Klan bill, <a href="#Page_356">356</a>-<a href="#Page_358">358</a>,</p>
+<p class="index2">and Amnesty bill, <a href="#Page_359">359</a>, <a href="#Page_360">360</a>,</p>
+<p class="index2">and Hodge resolution, <a href="#Page_362">362</a>-<a href="#Page_364">364</a>;</p>
+<p class="index1">orders inquiry into Leet and Stocking scandal, <a href="#Page_365">365</a>, <a href="#Page_366">366</a>;</p>
+<p class="index1">discusses make-up of committee, <a href="#Page_366">366</a>, <a href="#Page_367">367</a>;</p>
+<p class="index1">T.'s speech on Mo. convention of 1872, <a href="#Page_376">376</a>;</p>
+<p class="index1">Sumner's anti-Grant speech in, <a href="#Page_387">387</a>, <a href="#Page_388">388</a>;</p>
+<p class="index1">orders investigation of La. election, <a href="#Page_405">405</a>;</p>
+<p class="index1">T.'s last speech in, <a href="#Page_405">405</a>.</p>
+<p class="index">Seward, William H., speech of, on Kansas affairs, <a href="#Page_64">64</a>;</p>
+<p class="index1">the "logical candidate" in 1860, <a href="#Page_102">102</a>;</p>
+<p class="index1">opposition to nomination of, <a href="#Page_102">102</a>, <a href="#Page_103">103</a>;</p>
+<p class="index1">too radical for some states, <a href="#Page_103">103</a>;</p>
+<p class="index1">T. and Lincoln on candidacy of, <a href="#Page_103">103</a>, <a href="#Page_104">104</a>, <a href="#Page_105">105</a>;</p>
+<p class="index1">his inclusion in Cabinet opposed, <a href="#Page_139">139</a> <i>ff.</i>;</p>
+<p class="index1">State Dep't. offered to, <a href="#Page_141">141</a>;</p>
+<p class="index2">and Cameron's appointment, <a href="#Page_143">143</a>;</p>
+<p class="index2">and the Harvey despatch to Gov. Pickens, <a href="#Page_155">155</a> <i>ff.</i>;</p>
+<p class="index2">and Harvey's appointment to Portugal, <a href="#Page_155">155</a>, <a href="#Page_157">157</a>;</p>
+<p class="index1">his assurance to Confederate envoys as to evacuation of Sumter, <a href="#Page_156">156</a>;</p>
+<p class="index1">his purpose, to defeat relief of Sumter, <a href="#Page_157">157</a>;</p>
+<p class="index1">had induced Lincoln to agree to evacuation to prevent secession of Va., <a href="#Page_158">158</a>;</p>
+<p class="index1">sends Magruder to Va. convention, <a href="#Page_161">161</a>;</p>
+<p class="index2">and Douglas, in April, 1861, <a href="#Page_163">163</a>, <a href="#Page_164">164</a>;</p>
+<p class="index1">his aims patriotic but futile, <a href="#Page_164">164</a>;</p>
+<p class="index1">assumes power to order arbitrary arrests, <a href="#Page_190">190</a> <i>ff.</i>;</p>
+<p class="index1">his dispatches of Apr. 1861, and July, 1862, to Adams, <a href="#Page_210">210</a> <i>ff.</i>;</p>
+<p class="index1">his attitude toward Lincoln's war policy, <a href="#Page_210">210</a>;</p>
+<p class="index1">unjustly blamed for non-success of Union arms, <a href="#Page_210">210</a>, <a href="#Page_211">211</a>, <a href="#Page_212">212</a>;</p>
+<p class="index1">committee of Republican Senators urge Lincoln to demand his resignation, <a href="#Page_211">211</a>;</p>
+<p class="index1">Lincoln's comment thereon, <a href="#Page_212">212</a>;</p>
+<p class="index1">on real date of emancipation, <a href="#Page_222">222</a>;</p>
+<p class="index1">his construction of 13th Amendment confirmed by Supreme Court, <a href="#Page_229">229</a>;</p>
+<p class="index1">on Johnson as a speaker, <a href="#Page_246">246</a>;</p>
+<p class="index1">opinion of, on matter of territorializing States, <a href="#Page_290">290</a>;</p>
+<p class="index1">prepares Johnson's veto message of Tenure-of-Office bill, <a href="#Page_303">303</a>; <a href="#Page_48">48</a>, <a href="#Page_79">79</a>, <a href="#Page_82">82</a>, <a href="#Page_84">84</a>, <a href="#Page_86">86</a>, <a href="#Page_88">88</a>, <a href="#Page_106">106</a>, <a href="#Page_107">107</a>, <a href="#Page_108">108</a>, <a href="#Page_112">112</a>, <a href="#Page_116">116</a>, <a href="#Page_118">118</a>, <a href="#Page_119">119</a>, <a href="#Page_145">145</a>, <a href="#Page_146">146</a>, <a href="#Page_147">147</a>, <a href="#Page_150">150</a>, <a href="#Page_151">151</a>, <a href="#Page_170">170</a>, <a href="#Page_172">172</a>, <a href="#Page_181">181</a> <i>n.</i>, <a href="#Page_182">182</a>, <a href="#Page_197">197</a>, <a href="#Page_238">238</a>, <a href="#Page_307">307</a>, <a href="#Page_430">430</a>.</p>
+<p class="index">Seymour, Horatio, elected Governor of N. Y., <a href="#Page_197">197</a>;</p>
+<p class="index1">Democratic nominee for Pres. (1868), <a href="#Page_333">333</a>; <a href="#Page_355">355</a>.</p>
+<p class="index">Shaffer, J. W., quoted, on conditions in seceding states, <a href="#Page_242">242</a>, <a href="#Page_243">243</a>.</p>
+<p class="index">Shannon, Wilson, succeeds Reeder as Governor of Kansas Terr., <a href="#Page_55">55</a>.</p>
+<p class="index">Sheahan, James W., <a href="#Page_79">79</a>.</p>
+<p><span class="pagenum"><a id="Page_452">[452]</a></span></p>
+<p class="index">Sheridan, P. H., General, <a href="#Page_221">221</a>.</p>
+<p class="index">Sherman, John, Senator, on Tenure-of-Office bill, <a href="#Page_301">301</a>, <a href="#Page_302">302</a>, <a href="#Page_303">303</a>;</p>
+<p class="index1">his view of impeachment, <a href="#Page_309">309</a>, <a href="#Page_310">310</a>;</p>
+<p class="index1">and evidence of Johnson's intent, <a href="#Page_313">313</a>;</p>
+<p class="index1">on Sumner and the Foreign Affairs Committee, <a href="#Page_344">344</a>, <a href="#Page_345">345</a>;</p>
+<p class="index1">on Caucus secrets, <a href="#Page_345">345</a>, <a href="#Page_346">346</a>; <a href="#Page_102">102</a>, <a href="#Page_248">248</a>, <a href="#Page_249">249</a>, <a href="#Page_292">292</a>, <a href="#Page_316">316</a>, <a href="#Page_320">320</a>, <a href="#Page_363">363</a>, <a href="#Page_371">371</a>, <a href="#Page_409">409</a>.</p>
+<p class="index">Sherman, William T., General, quoted, on conditions in La. (1859), <a href="#Page_xxxv">xxxv</a>, <a href="#Page_165">165</a>, <a href="#Page_166">166</a>, <a href="#Page_221">221</a>, <a href="#Page_257">257</a>, <a href="#Page_308">308</a>.</p>
+<p class="index">Shields, James, Senator, <a href="#Page_39">39</a>, <a href="#Page_43">43</a>.</p>
+<p class="index">Shiloh, battle of, <a href="#Page_334">334</a>.</p>
+<p class="index">Simpson, Matthew, Methodist bishop, and the impeachment trial, <a href="#Page_317">317</a>, <a href="#Page_320">320</a>.</p>
+<p class="index">Slave trade, extension of, deemed a vital necessity in the South, <a href="#Page_xxxiv">xxxiv</a>.</p>
+<p class="index">Slavery, how involved in the War, <a href="#Page_xxi">xxi</a>, <a href="#Page_xxii">xxii</a>;</p>
+<p class="index1">history of, in the U. S., xxvii <i>ff.</i>;</p>
+<p class="index1">change in Southern view of, <a href="#Page_xxxii">xxxii</a>, <a href="#Page_xxxiii">xxxiii</a>;</p>
+<p class="index1">in Ill., early history of, <a href="#Page_23">23</a> <i>ff.</i>;</p>
+<p class="index1">provisions of Ordinance of 1787 concerning, violated by legislature, <a href="#Page_25">25</a>;</p>
+<p class="index1">prohibited by State Constitution, <a href="#Page_25">25</a>;</p>
+<p class="index1">attempts to perpetuate in Ill., <a href="#Page_28">28</a>-<a href="#Page_30">30</a>;</p>
+<p class="index1">and the Kansas-Nebraska bill, <a href="#Page_34">34</a> <i>ff.</i>;</p>
+<p class="index1">in Lecompton Constitution, <a href="#Page_72">72</a>, <a href="#Page_76">76</a>;</p>
+<p class="index1">Douglas's attitude toward, <a href="#Page_78">78</a>, <a href="#Page_86">86</a>;</p>
+<p class="index1">in territories, doctrine of Squatter Sovereignty, <a href="#Page_94">94</a> and <i>n.</i>, <a href="#Page_95">95</a>;</p>
+<p class="index1">resolutions concerning, proposed by Lincoln, <a href="#Page_112">112</a>;</p>
+<p class="index1">proposed Amendment to Constitution forbidding interference with, passes both Houses, <a href="#Page_117">117</a>;</p>
+<p class="index1">T.'s review of question of, <a href="#Page_124">124</a> <i>ff.</i>;</p>
+<p class="index1">T.'s view of effect of 13th Amendment on, <a href="#Page_249">249</a>, <a href="#Page_250">250</a>, <a href="#Page_251">251</a>, <a href="#Page_258">258</a>, <a href="#Page_259">259</a>, <a href="#Page_260">260</a>.</p>
+<p class="index1"><i>And see</i> Constitution (Amendment XIII), and Squatter Sovereignty.</p>
+<p class="index">Slaves, premature attempts to emancipate, by Fr&eacute;mont, <a href="#Page_169">169</a>, <a href="#Page_170">170</a>,</p>
+<p class="index2">Cameron, <a href="#Page_172">172</a>,</p>
+<p class="index2">Hunter, <a href="#Page_172">172</a>;</p>
+<p class="index1">T.'s confiscation bill, <a href="#Page_173">173</a> <i>ff.</i>,</p>
+<p class="index2">the first step toward full emancipation, <a href="#Page_176">176</a>.</p>
+<p class="index">Slidell, John, <a href="#Page_80">80</a>, <a href="#Page_349">349</a>, and <i>n.</i></p>
+<p class="index">Smith, Caleb, Secretary of the Interior, <a href="#Page_142">142</a>, <a href="#Page_148">148</a>, <a href="#Page_149">149</a>, <a href="#Page_151">151</a>, <a href="#Page_429">429</a>.</p>
+<p class="index">South, the, and the right of Secession, <a href="#Page_xxx">xxx</a>;</p>
+<p class="index1">and the Missouri Compromise, <a href="#Page_xxx">xxx</a>;</p>
+<p class="index1">condition of, in second quarter of 19th century, <a href="#Page_xxxii">xxxii</a>, <a href="#Page_xxxiii">xxxiii</a>;</p>
+<p class="index1">changing view of slavery in, <a href="#Page_xxxii">xxxii</a>,</p>
+<p class="index2">and of the slave trade, <a href="#Page_xxxiv">xxxiv</a>.</p>
+<p class="index">South Carolina, and Nullification, <a href="#Page_xxv">xxv</a>, <a href="#Page_xxvi">xxvi</a>;</p>
+<p class="index1">attitude of, in 1861, <a href="#Page_110">110</a>;</p>
+<p class="index1">forts in, Lincoln's attitude concerning, <a href="#Page_112">112</a>, <a href="#Page_113">113</a>;</p>
+<p class="index1">and the 13th Amendment, <a href="#Page_229">229</a>;</p>
+<p class="index1">disputed returns from (1876), <a href="#Page_408">408</a>.</p>
+<p class="index">Southern States. <i>See</i> States seceding.</p>
+<p class="index">Spaulding, Rufus P., Congressman, moves for inquiry into suspension of Stanton, <a href="#Page_306">306</a>; <a href="#Page_304">304</a>.</p>
+<p class="index">Spencer, Charles S., threatens T. for his attitude on impeachment, <a href="#Page_315">315</a>.</p>
+<p class="index">Spoils system, T. on iniquities of, <a href="#Page_349">349</a>.</p>
+<p class="index">Springfield (Ill.) <i>Journal</i>, <a href="#Page_142">142</a>.</p>
+<p class="index">Springfield (Mass.) <i>Republican</i>, <a href="#Page_372">372</a>.</p>
+<p class="index"><i>Squatter Sovereign</i>, the, quoted, <a href="#Page_51">51</a>.</p>
+<p class="index">Squatter Sovereignty, doctrine of, reaffirmed by Douglas, <a href="#Page_94">94</a>;</p>
+<p class="index1">denied by Jefferson Davis, <a href="#Page_94">94</a>.</p>
+<p class="index">Stallo, J. G., <a href="#Page_373">373</a>.</p>
+<p class="index">Stanbery, Henry, Attorney-General, opinion of, on question of territorializing states, <a href="#Page_290">290</a>, <a href="#Page_291">291</a>;</p>
+<p class="index1">of counsel for Johnson, <a href="#Page_309">309</a>; <a href="#Page_327">327</a>.</p>
+<p class="index">Stanton, Edwin M., Secretary of War, and arbitrary arrests, <a href="#Page_197">197</a>;</p>
+<p class="index1">general jail delivery by, <a href="#Page_198">198</a>;</p>
+<p class="index1">opinion of, on question of territorializing states, <a href="#Page_290">290</a>, <a href="#Page_291">291</a>;</p>
+<p class="index1">and the Cabinet section of Tenure-of-Office bill, <a href="#Page_302">302</a>;</p>
+<p class="index1">advises veto, and assists Seward in preparing veto message, <a href="#Page_303">303</a>;</p>
+<p class="index1">declines to resign as Secretary of War, <a href="#Page_305">305</a>;</p>
+<p class="index1">suspended, <a href="#Page_305">305</a>;</p>
+<p class="index1">denies power of Pres. to suspend him, <a href="#Page_305">305</a>;</p>
+<p class="index1">surrenders office to Grant, <a href="#Page_305">305</a>;</p>
+<p class="index1">resumes office, after Senate's action, <a href="#Page_306">306</a>;</p>
+<p class="index1">his embarrassing position, <a href="#Page_308">308</a>;</p>
+<p class="index1">Johnson attempts to remove, <a href="#Page_308">308</a>;</p>
+<p class="index1">refuses to turn over office to Thomas, <a href="#Page_308">308</a>;</p>
+<p class="index1">change in popular feeling concerning, <a href="#Page_308">308</a>, <a href="#Page_309">309</a>;</p>
+<p class="index1">attempted removal of, basis of first <a href="#Page_8">8</a> articles of impeachment, <a href="#Page_309">309</a>, <a href="#Page_310">310</a>;</p>
+<p class="index1">claims to be protected by Tenure-of-Office Act, <a href="#Page_310">310</a>;</p>
+<p class="index1">evidence of his advice to Johnson as to that act, excluded, <a href="#Page_313">313</a>;</p>
+<p class="index1">articles based on removal of, not voted on, <a href="#Page_320">320</a>;</p>
+<p class="index1">relinquishes office, <a href="#Page_321">321</a>;</p>
+<p class="index1">his conduct condemned, <a href="#Page_321">321</a>; <a href="#Page_177">177</a>, <a href="#Page_186">186</a>, <a href="#Page_189">189</a>, <a href="#Page_237">237</a>, <a href="#Page_318">318</a>, <a href="#Page_319">319</a>, <a href="#Page_330">330</a>, <a href="#Page_430">430</a>.</p>
+<p class="index">Stanton, F. P., acting Governor of Kansas, removed by Buchanan, <a href="#Page_73">73</a>.</p>
+<p class="index"><i>State Register</i>, the, <a href="#Page_13">13</a>, <a href="#Page_14">14</a>.</p>
+<p class="index">State sovereignty, <a href="#Page_xxii">xxii</a>, <a href="#Page_xxv">xxv</a>.</p>
+<p class="index">States, admitted in pairs, <a href="#Page_xxix">xxix</a>.</p>
+<p class="index">States, seceding, opposing views as to status of, <a href="#Page_231">231</a>, <a href="#Page_232">232</a>;</p>
+<p class="index1">Sumner and Stevens against Lincoln, <a href="#Page_231">231</a>, <a href="#Page_232">232</a>;</p>
+<p class="index1">reconstruction of, mapped out before 39th Congress met, <a href="#Page_237">237</a>, <a href="#Page_238">238</a>;</p>
+<p class="index1">witches' caldron in, under reconstruction, <a href="#Page_241">241</a>;</p>
+<p class="index1">labor problem in, <a href="#Page_241">241</a>, <a href="#Page_242">242</a>;</p>
+<p class="index1">new labor laws of, <a href="#Page_242">242</a>,</p>
+<p class="index2">and their effect in the North, <a href="#Page_242">242</a>;</p>
+<p class="index1">Shaffer quoted on conditions in, <a href="#Page_242">242</a>, <a href="#Page_243">243</a>;</p>
+<p class="index1">reports of Grant and Schurz on conditions in, <a href="#Page_252">252</a>-<a href="#Page_254">254</a>;</p>
+<p class="index1">Committee on Reconstruction on status of, <a href="#Page_284">284</a>;</p>
+<p class="index1">Stevens reports bill to restore political rights of, <a href="#Page_284">284</a>, <a href="#Page_285">285</a>;</p>
+<p class="index1">except Tenn., refuse to ratify 14th Amendment, <a href="#Page_287">287</a>;</p>
+<p class="index1">cause and consequence of their refusal, <a href="#Page_287">287</a>;</p>
+<p class="index1">Stevens's bill to make military authority supreme in, <a href="#Page_291">291</a>, <a href="#Page_292">292</a>;</p>
+<p class="index1">constitutions adopted by, in 1868, <a href="#Page_295">295</a>, <a href="#Page_296">296</a>.</p>
+<p><span class="pagenum"><a id="Page_453">[453]</a></span></p>
+<p class="index">Stephens, Alex. H., on Johnson's speech against secession, <a href="#Page_246">246</a>.</p>
+<p class="index">Stetson, Francis L., letter of, to author, <a href="#Page_40">40</a> <i>n.</i></p>
+<p class="index">Stevens, Simon, <a href="#Page_184">184</a>.</p>
+<p class="index">Stevens, Thaddeus, his bill of indemnity for arbitrary arrests, <a href="#Page_198">198</a>;</p>
+<p class="index1">his views of status of seceding states, <a href="#Page_231">231</a>;</p>
+<p class="index1">on Reconstruction Committee, <a href="#Page_271">271</a>;</p>
+<p class="index1">proposes amendments to Constitution, <a href="#Page_282">282</a>;</p>
+<p class="index1">reports bill to restore political rights of states, <a href="#Page_284">284</a>;</p>
+<p class="index1">his bill making military authority supreme in the South, <a href="#Page_291">291</a>, <a href="#Page_292">292</a>;</p>
+<p class="index1">author of 11th article of impeachment, <a href="#Page_311">311</a>; <a href="#Page_184">184</a>, <a href="#Page_260">260</a>, <a href="#Page_278">278</a>, <a href="#Page_287">287</a>, <a href="#Page_304">304</a>, <a href="#Page_306">306</a>, <a href="#Page_308">308</a>, <a href="#Page_309">309</a>.</p>
+<p class="index">Stewart, Alex. T., nominated by Grant as Secretary of Treasury, <a href="#Page_335">335</a>,</p>
+<p class="index2">and why, <a href="#Page_335">335</a>, <a href="#Page_336">336</a>;</p>
+<p class="index1">ineligible, <a href="#Page_336">336</a>;</p>
+<p class="index1">on the "general order" system, <a href="#Page_365">365</a>.</p>
+<p class="index">Stewart, William M., Senator, <a href="#Page_261">261</a>, <a href="#Page_262">262</a>, <a href="#Page_264">264</a>, <a href="#Page_265">265</a>, <a href="#Page_298">298</a>, <a href="#Page_339">339</a>, <a href="#Page_366">366</a>.</p>
+<p class="index">Stockton, John P., elected Senator from N. J., <a href="#Page_261">261</a>, <a href="#Page_262">262</a>;</p>
+<p class="index1">his election contested, <a href="#Page_262">262</a>-<a href="#Page_265">265</a>;</p>
+<p class="index1">unseated for partisan reasons, <a href="#Page_265">265</a>.</p>
+<p class="index">Storey, Wilbur F., and the Chicago <i>Times</i>, <a href="#Page_206">206</a>-<a href="#Page_208">208</a>.</p>
+<p class="index">Stoughton, E. W., <a href="#Page_411">411</a>.</p>
+<p class="index">Stringfellow, J. H., quoted, <a href="#Page_54">54</a>.</p>
+<p class="index">Strong, Moses M., <a href="#Page_208">208</a>.</p>
+<p class="index">Stuart, John T., <a href="#Page_32">32</a>.</p>
+<p class="index">Sturtevant, J. M., quoted, <a href="#Page_118">118</a>.</p>
+<p class="index">Suffrage, in seceding states, restriction of, <a href="#Page_294">294</a>.</p>
+<p class="index">Summers, George W., <a href="#Page_158">158</a>, <a href="#Page_159">159</a>, <a href="#Page_161">161</a>, <a href="#Page_162">162</a>.</p>
+<p class="index">Sumner, Charles, his speech on Kansas affairs, <a href="#Page_64">64</a>;</p>
+<p class="index1">Brooks's assault on, <a href="#Page_65">65</a>;</p>
+<p class="index1">quoted, in T.'s debate with Douglas, <a href="#Page_66">66</a>;</p>
+<p class="index1">and Cameron, <a href="#Page_188">188</a>, <a href="#Page_189">189</a>;</p>
+<p class="index1">his view of status of seceding states, <a href="#Page_231">231</a>;</p>
+<p class="index1">opposes recognition of new state government of La., <a href="#Page_233">233</a>,</p>
+<p class="index2">and defeats it, <a href="#Page_234">234</a>;</p>
+<p class="index1">attacks Johnson, <a href="#Page_246">246</a>, <a href="#Page_247">247</a>;</p>
+<p class="index1">and the 14th Amendment, <a href="#Page_283">283</a>;</p>
+<p class="index1">secures adoption of negro suffrage as permanent element of reconstruction, <a href="#Page_292">292</a> and <i>n.</i>;</p>
+<p class="index1">Northern views concerning, <a href="#Page_293">293</a>;</p>
+<p class="index1">dispute with T. on Va. bill, <a href="#Page_297">297</a>;</p>
+<p class="index1">T. opposes ousting of, from Foreign affairs Committee, <a href="#Page_297">297</a>, <a href="#Page_344">344</a>, <a href="#Page_420">420</a>;</p>
+<p class="index1">his theory of impeachment, <a href="#Page_312">312</a>;</p>
+<p class="index1">and Stanton, <a href="#Page_321">321</a>;</p>
+<p class="index1">and the San Domingo treaty, <a href="#Page_342">342</a>;</p>
+<p class="index1">charged with bad faith by Grant, <a href="#Page_342">342</a>, <a href="#Page_343">343</a>;</p>
+<p class="index1">deposed as Chairman of Foreign affairs committee, <a href="#Page_343">343</a>-<a href="#Page_347">347</a>;</p>
+<p class="index1">Sherman's advice to, <a href="#Page_345">345</a>;</p>
+<p class="index1">interview of author with, <a href="#Page_347">347</a>;</p>
+<p class="index1">on attitude of Anthony, <a href="#Page_347">347</a>;</p>
+<p class="index1">Motley's removal a blow at, <a href="#Page_347">347</a>;</p>
+<p class="index1">moves his Equal Rights bill as amendment to Amnesty bill, <a href="#Page_360">360</a>;</p>
+<p class="index1">and Grant's administration, <a href="#Page_361">361</a>;</p>
+<p class="index1">his speech against Grant, <a href="#Page_387">387</a>, <a href="#Page_388">388</a>;</p>
+<p class="index1">his attitude toward Greeley's nomination, <a href="#Page_388">388</a>;</p>
+<p class="index1">chastised by Garrison, <a href="#Page_388">388</a>; <a href="#Page_79">79</a>, <a href="#Page_102">102</a>, <a href="#Page_211">211</a>, <a href="#Page_228">228</a> <i>n.</i>, <a href="#Page_236">236</a>, <a href="#Page_260">260</a>, <a href="#Page_264">264</a>, <a href="#Page_278">278</a>, <a href="#Page_285">285</a>, <a href="#Page_287">287</a>, <a href="#Page_291">291</a>, <a href="#Page_298">298</a>, <a href="#Page_313">313</a>, <a href="#Page_363">363</a>, <a href="#Page_366">366</a>, <a href="#Page_367">367</a>, <a href="#Page_370">370</a>, <a href="#Page_371">371</a>, <a href="#Page_378">378</a>, <a href="#Page_385">385</a> <i>n.</i>, <a href="#Page_423">423</a>, <a href="#Page_424">424</a>.</p>
+<p class="index">Sumter, Fort, J. Davis's views concerning, <a href="#Page_110">110</a>;</p>
+<p class="index1">Buchanan's reported purpose to surrender, <a href="#Page_112">112</a>, <a href="#Page_113">113</a>;</p>
+<p class="index1">effect on Douglas of attack on, <a href="#Page_115">115</a>;</p>
+<p class="index1">Harvey divulges plans to send supplies to, 155<i> ff.</i>;</p>
+<p class="index1">Seward determined to prevent relief of, <a href="#Page_156">156</a>, <a href="#Page_157">157</a>;</p>
+<p class="index1">Lincoln's earlier promise to evacuate, <a href="#Page_158">158</a> <i>ff.</i>;</p>
+<p class="index1">attack on, aroused forces that finally destroyed slavery, <a href="#Page_164">164</a>;</p>
+<p class="index1">attack on, and emancipation, <a href="#Page_222">222</a>; <a href="#Page_128">128</a>, <a href="#Page_129">129</a>.</p>
+<p class="index">Sunderland, Rev. Byron, <a href="#Page_121">121</a>.</p>
+<p class="index">Supreme Court of U. S., and the second clause of 13th Amendment, <a href="#Page_229">229</a>;</p>
+<p class="index1">construes 13th, 14th and 15th Amendments, in U. S. <i>v.</i> Harris, <a href="#Page_275">275</a>, <a href="#Page_276">276</a>, <a href="#Page_358">358</a>;</p>
+<p class="index1">holds Ku-Klux Act unconstitutional, <a href="#Page_275">275</a>;</p>
+<p class="index1">holds Equal Rights Act (1875) unconstitutional, <a href="#Page_275">275</a>, <a href="#Page_276">276</a>;</p>
+<p class="index2">and the Civil Rights Act, <a href="#Page_277">277</a>;</p>
+<p class="index1">divided decision of, in Milligan Case, <a href="#Page_288">288</a>, <a href="#Page_289">289</a>;</p>
+<p class="index1">proposed legislation concerning, <a href="#Page_328">328</a>;</p>
+<p class="index1">its jurisdiction as affected by Act of Mch. 27, 1868, <a href="#Page_329">329</a>, <a href="#Page_330">330</a>;</p>
+<p class="index1">dismisses McCardle's appeal, <a href="#Page_330">330</a>;</p>
+<p class="index2">and the Debs case, <a href="#Page_414">414</a>.</p>
+<p class="index">Surratt, Mary E., <a href="#Page_289">289</a>.</p>
+<p class="index">Swayne, Noah H., Justice Sup. Ct., <a href="#Page_274">274</a>, <a href="#Page_289">289</a>, <a href="#Page_409">409</a>.</p>
+<p class="index">Swett, Leonard, quoted, <a href="#Page_428">428</a>, <a href="#Page_429">429</a>; <a href="#Page_69">69</a>, <a href="#Page_144">144</a>.</p>
+<hr class="thin" />
+ <p id="T" class="index">Talcott, Wait, quoted, <a href="#Page_118">118</a>.</p>
+<p class="index">Tallmadge, James, Congressman, and the admission of Missouri, <a href="#Page_xxix">xxix</a>, <a href="#Page_xxx">xxx</a>.</p>
+<p class="index">Tallmadge, N. P., <a href="#Page_48">48</a>.</p>
+<p class="index">Taney, Roger A., Chief Justice Sup. Ct., on the power to suspend habeas corpus, <a href="#Page_195">195</a>, <a href="#Page_196">196</a>.</p>
+<p class="index">Tarr, Campbell, <a href="#Page_161">161</a>.</p>
+<p class="index">Taylor, John, of Caroline, <a href="#Page_xxii">xxii</a>, <i>n.</i></p>
+<p class="index">Ten Eyck, John C., Senator, <a href="#Page_262">262</a>.</p>
+<p class="index">Tennessee, loyal state government in, recognized by Johnson, <a href="#Page_237">237</a>;</p>
+<p class="index1">bill for readmission of, <a href="#Page_285">285</a>.</p>
+<p class="index">Tenure-of-Office bill, purpose of, <a href="#Page_301">301</a>;</p>
+<p class="index1">not at first intended to apply to cabinet officers, <a href="#Page_301">301</a>;</p>
+<p class="index1">passes Congress, <a href="#Page_301">301</a>;</p>
+<p class="index1">cabinet advises veto of, <a href="#Page_301">301</a>;</p>
+<p class="index1">vetoed, and passed over veto, <a href="#Page_303">303</a>;</p>
+<p class="index1">and the Stanton case, <a href="#Page_306">306</a>, <a href="#Page_309">309</a>;</p>
+<p class="index1">unconstitutionality of, alleged by Johnson's counsel, <a href="#Page_311">311</a>, <a href="#Page_313">313</a>.</p>
+<p class="index">Territorializing states, opinions of Johnson's advisers on question of, <a href="#Page_290">290</a>, <a href="#Page_291">291</a>.</p>
+<p class="index">Terry, Alfred H., General, and the legislature of Va., <a href="#Page_247">247</a>.</p>
+<p class="index">Texas, opposition in Mass. &amp; admission of, <a href="#Page_xxvi">xxvi</a>;</p>
+<p class="index1">order for reconstruction of, <a href="#Page_238">238</a>;</p>
+<p class="index1">fails to adopt new constitution promptly, <a href="#Page_295">295</a>;</p>
+<p class="index1">new conditions imposed on, <a href="#Page_296">296</a>.</p>
+<p><span class="pagenum"><a id="Page_454">[454]</a></span></p>
+<p class="index">Thayer,Eli, <a href="#Page_50">50</a>.</p>
+<p class="index">Thomas, Jesse B., Senator, Author of Missouri Compromise, <a href="#Page_xxx">xxx</a>.</p>
+<p class="index">Thomas, Lorenzo, appointed Secretary of War <i>ad interim</i>, <a href="#Page_308">308</a>;</p>
+<p class="index1">Stanton refuses to give way to, <a href="#Page_308">308</a>;</p>
+<p class="index1">his appointment the basis of certain articles of impeachment, <a href="#Page_309">309</a>, <a href="#Page_310">310</a>, <a href="#Page_320">320</a>, <a href="#Page_321">321</a>; <a href="#Page_318">318</a>, <a href="#Page_319">319</a>.</p>
+<p class="index">Thomas, Morris St. P., quoted, <a href="#Page_21">21</a> <i>n.</i>, <a href="#Page_421">421</a>.</p>
+<p class="index">Thomas, William B., <a href="#Page_374">374</a>.</p>
+<p class="index">Thompson, Jacob, Secretary of Interior, and the Lecompton Constitution, <a href="#Page_73">73</a>.</p>
+<p class="index">Thompson, John B., quoted, <a href="#Page_36">36</a>.</p>
+<p class="index">Thurman, Allen G., Senator, <a href="#Page_367">367</a>.</p>
+<p class="index">Tilden, Samuel J., and the Election of 1876, <a href="#Page_406">406</a>, <a href="#Page_407">407</a> <i>ff.</i>;</p>
+<p class="index1">T. of counsel for, in La. case, <a href="#Page_409">409</a>, <a href="#Page_410">410</a>;</p>
+<p class="index1">Electoral Commission decides adversely to, <a href="#Page_411">411</a>;</p>
+<p class="index1">legally elected, <a href="#Page_411">411</a>.</p>
+<p class="index">Tillson, John, quoted, <a href="#Page_107">107</a>.</p>
+<p class="index">Tipton, Thomas W., Senator, <a href="#Page_300">300</a>, <a href="#Page_343">343</a>, <a href="#Page_344">344</a>, <a href="#Page_345">345</a>, <a href="#Page_346">346</a>, <a href="#Page_363">363</a>, <a href="#Page_371">371</a>.</p>
+<p class="index">Tompkins, D. D., <a href="#Page_179">179</a>.</p>
+<p class="index">Toombs, Robert, Senator, <a href="#Page_58">58</a>, <a href="#Page_83">83</a>, <a href="#Page_121">121</a>.</p>
+<p class="index">Topeka Constitution, condemned by Buchanan and upheld by T., <a href="#Page_76">76</a>, <a href="#Page_77">77</a>.</p>
+<p class="index">Toucey, Isaac, <a href="#Page_130">130</a>.</p>
+<p class="index">Traveling in U. S., in 1847, <a href="#Page_20">20</a>.</p>
+<p class="index">Treat, Samuel H., Justice, <a href="#Page_13">13</a>, <a href="#Page_20">20</a>.</p>
+<p class="index">Truman, Benj. C, quoted, <a href="#Page_245">245</a> <i>n.</i>; <a href="#Page_307">307</a> <i>n.</i></p>
+<p class="index">Trumbull, Julia (Jayne), T.'s first wife, letters of, to Walter T., <a href="#Page_121">121</a>-<a href="#Page_123">123</a>;</p>
+<p class="index1">T.'s letters to, on Harvey dispatch, <a href="#Page_155">155</a>, <a href="#Page_157">157</a>, <a href="#Page_158">158</a>,</p>
+<p class="index2">and on first battle of Bull Run, <a href="#Page_165">165</a>-<a href="#Page_167">167</a>;</p>
+<p class="index1">her personality, <a href="#Page_169">169</a>;</p>
+<p class="index1">her death, <a href="#Page_326">326</a>.</p>
+<p class="index"><span class="smcap">Trumbull, Lyman</span>, birth (1813) and ancestry, <a href="#Page_1">1</a>-<a href="#Page_3">3</a>;</p>
+<p class="index1">education, <a href="#Page_3">3</a>;</p>
+<p class="index1">school-teaching in Georgia, <a href="#Page_4">4</a>, <a href="#Page_5">5</a>;</p>
+<p class="index1">reads law there, <a href="#Page_5">5</a>;</p>
+<p class="index1">goes to Illinois (1837), and settles at Belleville, <a href="#Page_5">5</a>, <a href="#Page_6">6</a>;</p>
+<p class="index1">practices law, <a href="#Page_7">7</a> <i>ff.</i>;</p>
+<p class="index1">describes murder of Lovejoy, <a href="#Page_8">8</a>-<a href="#Page_10">10</a>;</p>
+<p class="index1">his early attitude toward slavery, <a href="#Page_10">10</a>;</p>
+<p class="index1">in State legislature, <a href="#Page_10">10</a>;</p>
+<p class="index1">his qualities as a debater, <a href="#Page_10">10</a>;</p>
+<p class="index1">appointed Secretary of State, <a href="#Page_11">11</a>;</p>
+<p class="index1">his resignation requested by Gov. Carlin, and why? <a href="#Page_12">12</a> and <i>n.</i>, <a href="#Page_13">13</a>;</p>
+<p class="index1">his resignation splits the Democratic party, <a href="#Page_13">13</a>, <a href="#Page_14">14</a>;</p>
+<p class="index1">resumes practice, <a href="#Page_14">14</a>;</p>
+<p class="index1">marries Julia M. Jayne, <a href="#Page_15">15</a>;</p>
+<p class="index1">describes river floods, and murder of Joseph Smith, <a href="#Page_16">16</a>;</p>
+<p class="index1">family affairs, <a href="#Page_16">16</a>, <a href="#Page_17">17</a>, <a href="#Page_19">19</a>, <a href="#Page_20">20</a>;</p>
+<p class="index1">candidate for Democratic nomination for governor, <a href="#Page_18">18</a>;</p>
+<p class="index1">defeated by Ford's influence, <a href="#Page_18">18</a>;</p>
+<p class="index1">nominated for Congress, and defeated (1846), <a href="#Page_18">18</a>, <a href="#Page_19">19</a>;</p>
+<p class="index1">his professional earnings, <a href="#Page_20">20</a>;</p>
+<p class="index1">elected Judge of Ill. Supreme Court (1848), <a href="#Page_20">20</a>;</p>
+<p class="index1">removed to Alton, <a href="#Page_21">21</a>;</p>
+<p class="index1">re&euml;lected judge (1852), but resigns (1853), <a href="#Page_21">21</a>;</p>
+<p class="index1">Chief Justice Magruder on his judicial opinions, <a href="#Page_21">21</a>, <a href="#Page_22">22</a>.</p>
+<p class="index1">Engaged as counsel for negroes, claiming their freedom, <a href="#Page_28">28</a>;</p>
+<p class="index2">case of Sarah Borders, <a href="#Page_28">28</a>, <a href="#Page_29">29</a>;</p>
+<p class="index2">in Jarrot <i>v.</i> Jarrot, wins a victory which practically puts an end to slavery in Ill., <a href="#Page_29">29</a>;</p>
+<p class="index2">N. D. Harris quoted on his efforts, <a href="#Page_30">30</a>, <a href="#Page_31">31</a>;</p>
+<p class="index2">his return to politics due to repeal of Missouri Compromise, <a href="#Page_32">32</a>;</p>
+<p class="index2">takes stump in opposition to Kansas-Nebraska bill, <a href="#Page_37">37</a>, <a href="#Page_38">38</a>;</p>
+<p class="index2">Anti-Nebraska candidate for Congress in 8th district, <a href="#Page_38">38</a>,</p>
+<p class="index3">and elected, <a href="#Page_38">38</a>;</p>
+<p class="index2">in Senatorial election of 1854, receives votes of Anti-Nebraska Democrats on early ballots, <a href="#Page_43">43</a>, <a href="#Page_44">44</a>;</p>
+<p class="index2">elected by votes of Lincoln men, to defeat Gov. Matteson, <a href="#Page_44">44</a>, <a href="#Page_45">45</a>, <a href="#Page_46">46</a> <i>n.</i>;</p>
+<p class="index2">regarded as a traitor by regular Democrats, <a href="#Page_45">45</a>;</p>
+<p class="index2">Lincoln's attitude toward his election, <a href="#Page_45">45</a>, <a href="#Page_46">46</a>.</p>
+<p class="index1">Takes his seat in Senate, <a href="#Page_48">48</a>;</p>
+<p class="index2">protest against his election overruled, <a href="#Page_48">48</a>, <a href="#Page_49">49</a>;</p>
+<p class="index2">letter from J. C. Underwood to, on Kansas affairs, <a href="#Page_52">52</a>, <a href="#Page_53">53</a>;</p>
+<p class="index2">and from I. T. Dement, <a href="#Page_53">53</a>;</p>
+<p class="index2">his speech on report of Committee on Territories endorsing Pres. Pierce's view of Kansas affairs, <a href="#Page_56">56</a> <i>ff.</i>;</p>
+<p class="index2">exposes Douglas's sophisms, <a href="#Page_57">57</a>, <a href="#Page_58">58</a>;</p>
+<p class="index2">a welcome reinforcement to Republicans in Senate, <a href="#Page_57">57</a>;</p>
+<p class="index2">Douglas declares him not a Democrat, <a href="#Page_59">59</a>;</p>
+<p class="index2">his answer to Douglas's tirade against him, <a href="#Page_60">60</a>, <a href="#Page_61">61</a>;</p>
+<p class="index2">Douglas's reply, <a href="#Page_61">61</a>, <a href="#Page_62">62</a>;</p>
+<p class="index2">his construction of "forever" in the Missouri Compromise, <a href="#Page_62">62</a>, <a href="#Page_63">63</a>;</p>
+<p class="index2">further debate with Douglas on Kansas, <a href="#Page_63">63</a>, <a href="#Page_64">64</a>;</p>
+<p class="index2">effect of these debates on his reputation, <a href="#Page_65">65</a>;</p>
+<p class="index2">his intellect and personality compared with Lincoln's, <a href="#Page_65">65</a>;</p>
+<p class="index2">divers views of his first appearance in debate, quoted, <a href="#Page_66">66</a>, <a href="#Page_67">67</a>;</p>
+<p class="index2">letter from G. B. Raum to, <a href="#Page_67">67</a>;</p>
+<p class="index2">campaigns in Minnesota, <a href="#Page_68">68</a>;</p>
+<p class="index2">attends Republican National Convention of 1856, <a href="#Page_69">69</a>;</p>
+<p class="index2">colloquy with Mason, on destruction of the Union, <a href="#Page_70">70</a>;</p>
+<p class="index2">letter of, to J. B. Turner, on conditions in 1857, <a href="#Page_71">71</a>;</p>
+<p class="index2">divers reports to, on effect of Douglas's Anti-Lecompton stand, <a href="#Page_74">74</a>, <a href="#Page_75">75</a>;</p>
+<p class="index2">demolishes Buchanan's message on Kansas affairs, <a href="#Page_76">76</a>, <a href="#Page_77">77</a>;</p>
+<p class="index2">letters to, on possible alliance of Douglas with Republicans, <a href="#Page_79">79</a>, <a href="#Page_80">80</a>;</p>
+<p class="index2">Democratic overtures to, <a href="#Page_80">80</a>, <a href="#Page_81">81</a>;</p>
+<p class="index2">speaks on Buchanan's claim that slavery lawfully exists in Kansas, <a href="#Page_81">81</a>, <a href="#Page_82">82</a>;</p>
+<p class="index2">letters to, from Lincoln and others, voicing Republican distrust of Douglas in Ill., <a href="#Page_87">87</a>, <a href="#Page_88">88</a>,</p>
+<p class="index3">and, generally, on the campaign of 1858, <a href="#Page_90">90</a>-<a href="#Page_92">92</a>;</p>
+<p class="index2">his cordial relations with Lincoln, <a href="#Page_93">93</a>;</p>
+<p class="index2">takes part in debate on resolution for committee of inquiry into John Brown's raid, <a href="#Page_98">98</a>-<a href="#Page_100">100</a>;</p>
+<p class="index2">his notable speech, <a href="#Page_98">98</a>, <a href="#Page_99">99</a>,</p>
+<p class="index3">and Lincoln's praise thereof, <a href="#Page_100">100</a>;</p>
+<p class="index2">letter from Lincoln on Delahay matter, <a href="#Page_100">100</a>, <a href="#Page_101">101</a>.</p>
+<p><span class="pagenum"><a id="Page_455">[455]</a></span></p>
+<p class="index1">His view of candidates for Republican nomination in 1860, <a href="#Page_103">103</a>;</p>
+<p class="index2">writes to Lincoln thereon, <a href="#Page_103">103</a>, <a href="#Page_104">104</a>;</p>
+<p class="index2">thinks Seward cannot be elected, <a href="#Page_104">104</a>,</p>
+<p class="index3">and believes McLean alone can beat him, <a href="#Page_104">104</a>;</p>
+<p class="index2">Lincoln his first choice, <a href="#Page_104">104</a>;</p>
+<p class="index2">Lincoln, in reply, avows his own ambition, and discusses other candidates, <a href="#Page_104">104</a>, <a href="#Page_105">105</a>;</p>
+<p class="index2">divers letters to, on Lincoln's nomination, <a href="#Page_106">106</a>-<a href="#Page_107">107</a>;</p>
+<p class="index2">post-nomination letters of Lincoln to, <a href="#Page_108">108</a>;</p>
+<p class="index2">speaks for Lincoln at ratification meeting, <a href="#Page_109">109</a>, <a href="#Page_110">110</a>;</p>
+<p class="index2">confidential letters of Lincoln to, against compromise, <a href="#Page_111">111</a>, <a href="#Page_112">112</a>,</p>
+<p class="index3">and on Buchanan's reputed purpose to surrender So. Carolina forts, <a href="#Page_112">112</a>;</p>
+<p class="index2">his own views on compromise set forth in letter to E. C. Larned, <a href="#Page_113">113</a>, <a href="#Page_114">114</a>;</p>
+<p class="index2">his speech on Crittenden Compromise (March <a href="#Page_2">2</a>, 1861), <a href="#Page_115">115</a>, <a href="#Page_116">116</a>, and <i>n.</i>, <a href="#Page_123">123</a>-<a href="#Page_138">138</a>;</p>
+<p class="index2">urged by constituents to stand firm, <a href="#Page_117">117</a>-<a href="#Page_119">119</a>;</p>
+<p class="index2">writes Gov. Yates, advising military preparations, <a href="#Page_120">120</a>;</p>
+<p class="index2">declines to listen to "Compromisers" from N. Y., <a href="#Page_122">122</a>;</p>
+<p class="index2">his troubles with office-seekers, <a href="#Page_139">139</a>;</p>
+<p class="index2">in N. Y. meets remonstrants against Seward's inclusion in Cabinet, and reports to Lincoln, <a href="#Page_139">139</a>, <a href="#Page_140">140</a>;</p>
+<p class="index2">Lincoln's reply, <a href="#Page_141">141</a>;</p>
+<p class="index2">Greeley's advice to, <a href="#Page_141">141</a>;</p>
+<p class="index2">advises Lincoln not to appoint Cameron, <a href="#Page_145">145</a>, <a href="#Page_146">146</a>, <a href="#Page_147">147</a>;</p>
+<p class="index2">is urged to use his influence to that end, <a href="#Page_147">147</a>, <a href="#Page_148">148</a>;</p>
+<p class="index2">favors Judd for seat in Cabinet, <a href="#Page_148">148</a>, <a href="#Page_149">149</a>, <a href="#Page_150">150</a>;</p>
+<p class="index2">re&euml;lected senator (Jan. 1861), <a href="#Page_152">152</a>;</p>
+<p class="index2">announces death of Douglas, <a href="#Page_152">152</a>;</p>
+<p class="index2">his eulogy of Douglas, <a href="#Page_153">153</a>, <a href="#Page_154">154</a>;</p>
+<p class="index2">the Harvey dispatch to Gov. Pickens, commented on in letter to Mrs. T., <a href="#Page_155">155</a>,156.</p>
+<p class="index1">Witnesses first battle of Bull Run, and describes it in letter to Mrs. T., <a href="#Page_165">165</a>-<a href="#Page_167">167</a>;</p>
+<p class="index2">his reconstructed telegram, <a href="#Page_168">168</a>;</p>
+<p class="index2">his first Confiscation Act passed by Congress, <a href="#Page_168">168</a>;</p>
+<p class="index2">his physical aspect, etc., in 1861, <a href="#Page_168">168</a>;</p>
+<p class="index2">his family, <a href="#Page_169">169</a>;</p>
+<p class="index2">letter of M. C. Lea to, on financial affairs, <a href="#Page_170">170</a>,</p>
+<p class="index3">and his reply, <a href="#Page_171">171</a>;</p>
+<p class="index2">brings in his second Confiscation Act, <a href="#Page_173">173</a>;</p>
+<p class="index2">his report thereon, <a href="#Page_173">173</a>;</p>
+<p class="index2">history of the bill in Congress, <a href="#Page_173">173</a>-<a href="#Page_176">176</a>;</p>
+<p class="index2">speaks on War Dep't. frauds, <a href="#Page_184">184</a>;</p>
+<p class="index2">leads opposition to confirmation of Cameron's nomination as minister to Russia, <a href="#Page_187">187</a>;</p>
+<p class="index2">votes against confirmation, <a href="#Page_189">189</a>;</p>
+<p class="index2">introduces resolution of inquiry concerning arbitrary arrests in loyal states, <a href="#Page_191">191</a>, <a href="#Page_192">192</a>;</p>
+<p class="index2">his colloquy with Dixon of Conn., <a href="#Page_192">192</a>, <a href="#Page_193">193</a>;</p>
+<p class="index2">his resolution shelved, <a href="#Page_194">194</a>;</p>
+<p class="index2">reports from Judiciary Committee House bill on same subject, <a href="#Page_197">197</a>;</p>
+<p class="index2">offers substitute for that bill, which is opposed by Democrats, but finally passed, <a href="#Page_198">198</a>, <a href="#Page_199">199</a>;</p>
+<p class="index2">offers substitute for Stevens's bill to indemnify Pres. for arbitrary arrests, <a href="#Page_199">199</a>;</p>
+<p class="index2">reports from conference his substitute combined with his habeas corpus bill, <a href="#Page_200">200</a>;</p>
+<p class="index2">his report concurred in, after Democratic filibuster, <a href="#Page_201">201</a>, <a href="#Page_202">202</a>;</p>
+<p class="index2">his speech at meeting of protest against the order forbidding the publication of Chicago <i>Times</i>, <a href="#Page_207">207</a>, <a href="#Page_208">208</a>, <a href="#Page_209">209</a>;</p>
+<p class="index2">letter of Judge White to, regarding certain dispatches of Seward to Adams, <a href="#Page_210">210</a>, <a href="#Page_211">211</a>,</p>
+<p class="index3">and his reply, <a href="#Page_211">211</a>, <a href="#Page_212">212</a>;</p>
+<p class="index2">one of committee to urge Lincoln to get rid of Seward, <a href="#Page_211">211</a>;</p>
+<p class="index2">divers letters to, relating to the war, <a href="#Page_212">212</a>, <a href="#Page_213">213</a>, <a href="#Page_215">215</a>, <a href="#Page_216">216</a>, <a href="#Page_217">217</a>;</p>
+<p class="index2">and Delahay's appointment to a judgeship, <a href="#Page_213">213</a>-<a href="#Page_214">214</a>;</p>
+<p class="index2">letters of J. M. Palmer to, concerning the election of 1864, <a href="#Page_214">214</a>, <a href="#Page_216">216</a>;</p>
+<p class="index2">first evidence of personal difference between Lincoln and, <a href="#Page_217">217</a>, <a href="#Page_218">218</a>;</p>
+<p class="index2">deems the government inefficient in putting down the rebellion, <a href="#Page_218">218</a>;</p>
+<p class="index2">falsely accused of refusing to speak in favor of Lincoln's re&euml;lection, <a href="#Page_220">220</a>.</p>
+<p class="index1">Reports to the Senate as a substitute for Henderson's proposed Constitutional Amendment what later became the 13th Amendment, <a href="#Page_224">224</a>;</p>
+<p class="index2">his speech thereon, <a href="#Page_225">225</a>-<a href="#Page_226">226</a>;</p>
+<p class="index2">his authorship thereof, his title to immortality, <a href="#Page_230">230</a>;</p>
+<p class="index2">and the new Senators from La., <a href="#Page_233">233</a>;</p>
+<p class="index2">reports resolution recognizing Hahn government of La., <a href="#Page_233">233</a>;</p>
+<p class="index2">breaks temporarily with Sumner, <a href="#Page_234">234</a>;</p>
+<p class="index2">letter of Shaffer to, on conditions in South, <a href="#Page_242">242</a>, <a href="#Page_243">243</a>,</p>
+<p class="index3">and of Ray, on Reconstruction, <a href="#Page_243">243</a>;</p>
+<p class="index2">his speech on postponement of Wilson bill invalidating certain acts, etc., of seceding states, <a href="#Page_248">248</a>-<a href="#Page_251">251</a>;</p>
+<p class="index2">colloquy with Saulsbury, <a href="#Page_250">250</a>;</p>
+<p class="index2">introduces Freedmen's Bureau and Civil Rights bills, <a href="#Page_257">257</a>;</p>
+<p class="index2">speaks, in debate on the former, on construction of second clause of 13th Amendment, <a href="#Page_258">258</a>-<a href="#Page_260">260</a>;</p>
+<p class="index2">colloquy with Henderson, <a href="#Page_260">260</a>;</p>
+<p class="index2">letter from Ray, on negro suffrage, <a href="#Page_261">261</a>;</p>
+<p class="index2">favors Stockton in N. J. election contest, <a href="#Page_261">261</a> <i>ff.</i>;</p>
+<p class="index2">in debating his Amendment to Civil Rights bills, speaks again on power of Congress to pass laws for ordinary administration of justice in States, <a href="#Page_265">265</a>-<a href="#Page_267">267</a>;</p>
+<p class="index2">answered by Saulsbury, <a href="#Page_267">267</a>-<a href="#Page_268">268</a>;</p>
+<p class="index2">quotes Gaston as to citizenship of free negroes, <a href="#Page_270">270</a>;</p>
+<p class="index2">his great speech in reply to Johnson's message vetoing Civil Rights bill, <a href="#Page_272">272</a>;</p>
+<p class="index2">the <i>Nation</i>, quoted, on his speech, <a href="#Page_273">273</a>;</p>
+<p class="index2">his leading position in the campaign of 1866, <a href="#Page_273">273</a>;</p>
+<p class="index2">opposed to Ku-Klux bill of 1871, <a href="#Page_275">275</a>, <a href="#Page_356">356</a>, <a href="#Page_357">357</a>, <a href="#Page_358">358</a>;</p>
+<p class="index2">re&euml;lected Senator (1866), <a href="#Page_277">277</a>;</p>
+<p class="index2">sustains Johnson until veto of Civil Rights bill, <a href="#Page_277">277</a>, <a href="#Page_278">278</a>;</p>
+<p class="index2">letter of Mrs. F. C. Gary to, <a href="#Page_278">278</a>,</p>
+<p class="index3">and his reply, <a href="#Page_279">279</a>;</p>
+<p class="index2">not active in drawing 14th Amendment, <a href="#Page_284">284</a> <i>n.</i>;</p>
+<p class="index2">his influence as against radical measures lessened by refusal of Southern states to ratify 14th Amendment, <a href="#Page_287">287</a>;</p>
+<p><span class="pagenum"><a id="Page_456">[456]</a></span></p>
+<p class="index2">on Stevens's Reconstruction bill, votes against Sumner's amendment making negro suffrage a permanent condition of reconstruction, <a href="#Page_292">292</a>,</p>
+<p class="index3">but supports bill with that amendment, <a href="#Page_292">292</a>;</p>
+<p class="index2">at fault in so doing, <a href="#Page_292">292</a>;</p>
+<p class="index2">votes to pass bill over veto, <a href="#Page_294">294</a>;</p>
+<p class="index2">votes to pass supplementary registration of voters bill over veto, <a href="#Page_294">294</a>;</p>
+<p class="index2">writing in Chicago <i>Advance</i>, denies power of Congress to regulate suffrage in states, <a href="#Page_294">294</a>, <a href="#Page_295">295</a>;</p>
+<p class="index2">reports bill for readmission of Va., but opposes amendments applying new conditions, <a href="#Page_296">296</a>;</p>
+<p class="index2">has a lively dispute with Sumner, <a href="#Page_296">296</a>, <a href="#Page_297">297</a>,</p>
+<p class="index3">but supports him strongly in the later movement to oust him from chairmanship of Com. on Foreign Relations, <a href="#Page_297">297</a>, <a href="#Page_344">344</a>, <a href="#Page_420">420</a>;</p>
+<p class="index2">supports Bingham proviso to the Georgia bill, <a href="#Page_298">298</a>,</p>
+<p class="index3"> and makes a powerful speech thereon, <a href="#Page_299">299</a>;</p>
+<p class="index2">the <i>Nation's</i> high praise of the speech and its author, <a href="#Page_299">299</a>, <a href="#Page_300">300</a>;</p>
+<p class="index2">votes for Tenure-of-Office bill, as amended, <a href="#Page_302">302</a>;</p>
+<p class="index2">abused for his stand against conviction of Johnson, <a href="#Page_313">313</a>, <a href="#Page_315">315</a>, <a href="#Page_323">323</a>;</p>
+<p class="index2">Spencer's threat, <a href="#Page_315">315</a>;</p>
+<p class="index2">N. Y. <i>Evening Post</i>, Chicago <i>Tribune</i>, and <i>Nation</i>, quoted, as to abuse of the "traitors," <a href="#Page_314">314</a>-<a href="#Page_317">317</a>;</p>
+<p class="index2">his written opinion on the case against Johnson, <a href="#Page_318">318</a>, <a href="#Page_319">319</a>;</p>
+<p class="index2">J. F. Rhodes quoted on the action of the seven, <a href="#Page_322">322</a>;</p>
+<p class="index2">his only reply to his vilifiers, <a href="#Page_323">323</a>, <a href="#Page_324">324</a>;</p>
+<p class="index2">his eulogy of Fessenden, <a href="#Page_324">324</a>, <a href="#Page_325">325</a>;</p>
+<p class="index2">death of Mrs. Trumbull, <a href="#Page_326">326</a>.</p>
+<p class="index1">Retained for the War Dep't. in the matter of McCardle's petition for habeas corpus, <a href="#Page_327">327</a>;</p>
+<p class="index2">appears before Supreme Court, <a href="#Page_327">327</a>, <a href="#Page_328">328</a>;</p>
+<p class="index2">votes to pass over veto the Act of March 27, 1868, which the Supreme Court held to apply <i>ex post facto</i> to McCardle case, <a href="#Page_329">329</a>, 330:</p>
+<p class="index2">his action criticized, <a href="#Page_330">330</a>, <a href="#Page_332">332</a>;</p>
+<p class="index2">his acceptance of counsel fees attacked by Chandler as being connected with his vote on impeachment, <a href="#Page_330">330</a>, <a href="#Page_331">331</a>;</p>
+<p class="index2">his defense, <a href="#Page_331">331</a>, <a href="#Page_332">332</a>;</p>
+<p class="index2">the Chandler charge would not down, <a href="#Page_332">332</a>;</p>
+<p class="index2">supports Vickers's amendment to 15th Amendment, <a href="#Page_338">338</a>,</p>
+<p class="index3">and opposes Wilson's amendment, <a href="#Page_339">339</a>;</p>
+<p class="index2">letter of Grenier to, on Republican corruption, <a href="#Page_341">341</a>;</p>
+<p class="index2">offered English mission, <a href="#Page_347">347</a>;</p>
+<p class="index2">his reason for declining, <a href="#Page_348">348</a>;</p>
+<p class="index2">in speech at Chicago, discusses claims of U.S. against England, <a href="#Page_349">349</a>,</p>
+<p class="index3">and the urgent need of reform of the Civil service, <a href="#Page_349">349</a>, <a href="#Page_350">350</a>;</p>
+<p class="index2">indorses Cox's stand, <a href="#Page_349">349</a>, <a href="#Page_350">350</a>;</p>
+<p class="index2">casts only vote in Judiciary Committee in favor of Hoar's confirmation as Supreme Court Justice, <a href="#Page_350">350</a>;</p>
+<p class="index2">votes against tacking Sumner's Equal Rights bill to Amnesty bill, <a href="#Page_359">359</a>;</p>
+<p class="index2">offers amendment for general investigation of public service to Conkling's resolution concerning Hodge, <a href="#Page_362">362</a>;</p>
+<p class="index2">his remarks thereon, <a href="#Page_363">363</a>;</p>
+<p class="index2">not appointed on investigating committee, <a href="#Page_366">366</a>, <a href="#Page_367">367</a>;</p>
+<p class="index2">not moved by personal hostility to Grant, <a href="#Page_369">369</a>;</p>
+<p class="index2">interview with, in <i>Courier-Journal</i> on his relations with Grant (Dec. 1871). <a href="#Page_369">369</a> and <i>n.</i>, <a href="#Page_370">370</a>;</p>
+<p class="index2">letter of S. Galloway to, on Grant, <a href="#Page_371">371</a>;</p>
+<p class="index2">mentioned by Stanley Matthews as possible candidate of Liberal Republicans, <a href="#Page_372">372</a>;</p>
+<p class="index2">J. H. Bryant and others urge him to become a candidate, <a href="#Page_375">375</a>;</p>
+<p class="index2">his replies somewhat non-committal, <a href="#Page_375">375</a>;</p>
+<p class="index2">defends Mo. Liberal Republican platform as Republican doctrine, <a href="#Page_376">376</a>;</p>
+<p class="index2">on civil service reform, <a href="#Page_376">376</a>;</p>
+<p class="index2">letter of Palmer to, offering his support, <a href="#Page_377">377</a>;</p>
+<p class="index2">in letter to author, gives qualified assent to use of his name, <a href="#Page_378">378</a>, <a href="#Page_379">379</a>;</p>
+<p class="index2">letter of author to, on his candidacy, <a href="#Page_379">379</a>;</p>
+<p class="index2">his strength impaired by division of vote of Ill. at Cincinnati, <a href="#Page_380">380</a>;</p>
+<p class="index2">opinions of editors as to candidates, <a href="#Page_381">381</a>;</p>
+<p class="index2">vote for, in the convention, <a href="#Page_383">383</a>, <a href="#Page_384">384</a>;</p>
+<p class="index2">his supporters decide to support Greeley, <a href="#Page_384">384</a>;</p>
+<p class="index2">letter of W. C. Bryant to, urging him not to support Greeley, <a href="#Page_386">386</a>,</p>
+<p class="index3">and his reply, <a href="#Page_386">386</a>, <a href="#Page_387">387</a>;</p>
+<p class="index2">how Greeley's nomination was brought about, <a href="#Page_389">389</a>, <a href="#Page_390">390</a>;</p>
+<p class="index2">how Trumbull received the news, <a href="#Page_390">390</a>, <a href="#Page_391">391</a>;</p>
+<p class="index2">takes active part in campaign, <a href="#Page_394">394</a> <i>ff.</i>;</p>
+<p class="index2">his speech at Springfield, Ill., denouncing Republican corruption, <a href="#Page_395">395</a>-<a href="#Page_399">399</a>;</p>
+<p class="index2">his tribute to Greeley, <a href="#Page_399">399</a>;</p>
+<p class="index2">if nominated, could have been elected, <a href="#Page_402">402</a>;</p>
+<p class="index2">Adams, the stronger candidate, <a href="#Page_402">402</a>, <a href="#Page_403">403</a>;</p>
+<p class="index2">his speech on La. election of 1872, his last speech in the Senate, <a href="#Page_405">405</a>, <a href="#Page_406">406</a>.</p>
+<p class="index1">His official career ended by defeat of Greeley, <a href="#Page_407">407</a>;</p>
+<p class="index2">defeated for re&euml;lection by Oglesby, <a href="#Page_407">407</a>;</p>
+<p class="index2">resumes practice of law, <a href="#Page_407">407</a>;</p>
+<p class="index2">one of the "visiting statesmen" sent to La. to watch canvass of votes (1876), <a href="#Page_409">409</a>;</p>
+<p class="index2">of counsel for Tilden before Electoral Commission, <a href="#Page_409">409</a>-<a href="#Page_411">411</a>;</p>
+<p class="index2">marries Mary Ingraham, <a href="#Page_412">412</a>;</p>
+<p class="index2">Democratic candidate for governor of Ill. (1880), <a href="#Page_412">412</a>;</p>
+<p class="index2">defeated by Cullom, <a href="#Page_412">412</a>;</p>
+<p class="index2">entertains W. J. Bryan in 1893, <a href="#Page_413">413</a>;</p>
+<p class="index2">inclined to free silver, <a href="#Page_413">413</a>;</p>
+<p class="index2">his geniality, and vigor of mind and body, <a href="#Page_413">413</a>;</p>
+<p class="index2">appears for Debs before Supreme Court, on petition for habeas corpus, <a href="#Page_414">414</a>;</p>
+<p class="index2">his speech in Chicago published as Populist campaign document, <a href="#Page_414">414</a>, <a href="#Page_415">415</a>;</p>
+<p class="index2">no more radical than present-day "Progressive" doctrines, <a href="#Page_415">415</a>;</p>
+<p class="index2">draws declaration of principles for Populist national conference, <a href="#Page_415">415</a>-<a href="#Page_417">417</a>;</p>
+<p class="index2">his death (June 5, 1896), <a href="#Page_418">418</a>;</p>
+<p class="index2">Judge Moran quoted on his career, <a href="#Page_419">419</a>;</p>
+<p class="index2">eminent as a political debater, well grounded in the law, <a href="#Page_419">419</a>, <a href="#Page_420">420</a>;</p>
+<p><span class="pagenum"><a id="Page_457">[457]</a></span></p>
+<p class="index2">his character and talents reviewed and discussed, <a href="#Page_419">419</a>-<a href="#Page_422">422</a>;</p>
+<p class="index2">"a high-minded, kind-hearted, courteous gentleman, without ostentation, and without guile," <a href="#Page_421">421</a>;</p>
+<p class="index2">his place among the statesmen of his time discussed, <a href="#Page_422">422</a>;</p>
+<p class="index2">his connection with the 13th Amendment, <a href="#Page_422">422</a>;</p>
+<p class="index2">his opposition to arbitrary arrests unpopular, <a href="#Page_422">422</a>, <a href="#Page_423">423</a>;</p>
+<p class="index2">his position as one of the "Seven Traitors" a proud one, <a href="#Page_423">423</a>;</p>
+<p class="index2">change in his course on Reconstruction, <a href="#Page_423">423</a>, <a href="#Page_424">424</a>;</p>
+<p class="index2">Medill quoted as to effect of vote in impeachment trial on his future, <a href="#Page_424">424</a>, <a href="#Page_425">425</a>;</p>
+<p class="index2">his partners quoted, as to his kindliness, <a href="#Page_424">424</a>;</p>
+<p class="index2">Darrow on the "socialistic trend" of his opinions, <a href="#Page_425">425</a>;</p>
+<p class="index2">letter of his daughter-in-law to author, <a href="#Page_426">426</a>;</p>
+<p class="index2">his estimate of Lincoln's character and career, <a href="#Page_426">426</a>-<a href="#Page_430">430</a>;</p>
+<p class="index2">his views on religion, in letter to his mother, <a href="#Page_430">430</a>, <a href="#Page_431">431</a>;</p>
+<p class="index2">his descendants, <a href="#Page_431">431</a>, <a href="#Page_432">432</a>.</p>
+<p class="index">Trumbull, Mary (Ingraham), T.'s second wife, <a href="#Page_413">413</a>, <a href="#Page_432">432</a>.</p>
+<p class="index">Trumbull, Walter, T.'s son, <a href="#Page_18">18</a>, <a href="#Page_19">19</a>, <a href="#Page_121">121</a>-<a href="#Page_123">123</a>, <a href="#Page_169">169</a>, <a href="#Page_425">425</a>, <a href="#Page_426">426</a>, <a href="#Page_431">431</a>.</p>
+<p class="index">Trumbull family, the, <a href="#Page_1">1</a>, <a href="#Page_2">2</a>, <a href="#Page_431">431</a>, <a href="#Page_432">432</a>.</p>
+<p class="index">Turner, J. B., <a href="#Page_71">71</a>.</p>
+<p class="index">Turner, matter of, in Circuit Court of U.S., <a href="#Page_274">274</a>.</p>
+<hr class="thin" />
+ <p id="U" class="index">Underwood, John C, quoted, <a href="#Page_52">52</a>, <a href="#Page_53">53</a>.</p>
+<p class="index">Union Pacific R. R., <a href="#Page_402">402</a>.</p>
+<p class="index">United States <i>v.</i> Harris, <a href="#Page_106">106</a> U. S., <a href="#Page_275">275</a>, <a href="#Page_276">276</a>, <a href="#Page_358">358</a>.</p>
+<p class="index">United States <i>v.</i> Rhodes (Circuit Court), <a href="#Page_274">274</a>.</p>
+<hr class="thin" />
+ <p id="V" class="index">Vagrancy law of Va., <a href="#Page_247">247</a>.</p>
+<p class="index">Vallandigham, Clement L., "the incarnation of Copperheadism," <a href="#Page_203">203</a>;</p>
+<p class="index1">his speech of Jan. 14, 1863, <a href="#Page_203">203</a>, <a href="#Page_204">204</a>;</p>
+<p class="index1">his arrest ordered by Burnside, <a href="#Page_204">204</a>;</p>
+<p class="index1">tried by military commission, <a href="#Page_204">204</a>;</p>
+<p class="index1">his sentence of imprisonment commuted to banishment to the South, <a href="#Page_204">204</a>;</p>
+<p class="index1">all proceedings against, after arrest, illegal under habeas corpus suspension act, <a href="#Page_205">205</a>;</p>
+<p class="index1">nominated for governor of Ohio, but defeated, <a href="#Page_206">206</a>; <a href="#Page_288">288</a>.</p>
+<p class="index">Van Buren, John, <a href="#Page_379">379</a>.</p>
+<p class="index">Van Buren, Martin, <a href="#Page_xxi">xxi</a>, <a href="#Page_32">32</a>, <a href="#Page_37">37</a>.</p>
+<p class="index">Van Tyne, C. H., <i>Letters of Daniel Webster</i>, xxiv <i>n.</i></p>
+<p class="index">Van Winkle, Peter G., Senator, on Civil Rights bill, <a href="#Page_269">269</a>; <a href="#Page_261">261</a>, <a href="#Page_302">302</a>, <a href="#Page_314">314</a>.</p>
+<p class="index">Van Wyck, Charles H., Congressman, <a href="#Page_181">181</a>, <a href="#Page_182">182</a>, <a href="#Page_184">184</a>.</p>
+<p class="index">Vermont, in convention of 1860, <a href="#Page_106">106</a>.</p>
+<p class="index">Vickers, George, Senator, <a href="#Page_338">338</a>.</p>
+<p class="index">Villard, Oswald G., <i>John Brown</i>, <a href="#Page_52">52</a> <i>n.</i></p>
+<p class="index">Virginia, efforts to prevent secession of, <a href="#Page_158">158</a> <i>ff.</i>;</p>
+<p class="index1">Lincoln's plan of reconstruction in, adopted by Johnson's Cabinet, <a href="#Page_237">237</a>;</p>
+<p class="index1">Peirpoint recognized as Governor of, <a href="#Page_237">237</a>;</p>
+<p class="index1">vagrancy law of, <a href="#Page_247">247</a>;</p>
+<p class="index1">additional conditions imposed on readmission of, <a href="#Page_296">296</a>, <a href="#Page_297">297</a>.</p>
+<p class="index">Virginia Resolutions of 1798, <a href="#Page_xxiii">xxiii</a>.</p>
+<p class="index">"Visiting statesmen," and the contested election of 1876, <a href="#Page_408">408</a>, <a href="#Page_409">409</a>.</p>
+<hr class="thin" />
+ <p id="W" class="index">Wade, Benjamin F., Senator, opposed to Lincoln's renomination, <a href="#Page_220">220</a>; <a href="#Page_102">102</a>, <a href="#Page_107">107</a>, <a href="#Page_108">108</a>, <a href="#Page_111">111</a>, <a href="#Page_150">150</a>, <a href="#Page_166">166</a>, <a href="#Page_233">233</a>, <a href="#Page_287">287</a>, <a href="#Page_332">332</a>, <a href="#Page_343">343</a>.</p>
+<p class="index">Waite, Morrison R., Chief Justice Sup. Ct., <a href="#Page_275">275</a>.</p>
+<p class="index">Walker, Robert J., appointed governor of Kansas, <a href="#Page_71">71</a>;</p>
+<p class="index1">and the Lecompton Convention, <a href="#Page_71">71</a>, <a href="#Page_72">72</a>;</p>
+<p class="index1">denounces Cabinet conspiracy, <a href="#Page_73">73</a>;</p>
+<p class="index1">resigns, <a href="#Page_73">73</a>; <a href="#Page_81">81</a>, <a href="#Page_82">82</a>.</p>
+<p class="index">Wall, James W., Senator, <a href="#Page_200">200</a>.</p>
+<p class="index">Wallace, Lew, General, attempts to usurp powers of Attorney-general under Confiscation Act, <a href="#Page_176">176</a>, <a href="#Page_177">177</a>.</p>
+<p class="index">War Department, frauds in, <a href="#Page_178">178</a> <i>ff.</i></p>
+<p class="index">War of 1812, <a href="#Page_xxiv">xxiv</a>.</p>
+<p class="index">Warren, Hooper, <a href="#Page_27">27</a>, <a href="#Page_28">28</a>.</p>
+<p class="index">Washburne, Elihu B., appointed Secretary of State, <a href="#Page_333">333</a>;</p>
+<p class="index1">a strong partisan of Grant, <a href="#Page_333">333</a>;</p>
+<p class="index1">his qualifications, <a href="#Page_333">333</a>;</p>
+<p class="index1">terms of his appointment, <a href="#Page_334">334</a>;</p>
+<p class="index1">resigns, <a href="#Page_334">334</a>; <a href="#Page_45">45</a>, <a href="#Page_46">46</a>, <a href="#Page_168">168</a>, <a href="#Page_281">281</a>, <a href="#Page_304">304</a>, <a href="#Page_407">407</a>.</p>
+<p class="index">Washington, Bushrod, <a href="#Page_xxxi">xxxi</a>.</p>
+<p class="index">Washington <i>Chronicle</i>, <a href="#Page_300">300</a>.</p>
+<p class="index">Washington, George, <a href="#Page_xxiii">xxiii</a>.</p>
+<p class="index">Washington, gathering of troops at, in Jan., 1861, <a href="#Page_121">121</a>, <a href="#Page_122">122</a>.</p>
+<p class="index">Watterson, Henry, <a href="#Page_372">372</a>, <a href="#Page_373">373</a>.</p>
+<p class="index">Wayland, Rev. Francis, <a href="#Page_xxxii">xxxii</a>.</p>
+<p class="index">Ways and Means, Committee of, <a href="#Page_354">354</a>.</p>
+<p class="index">Webster, Daniel, quoted, xxiv and <i>n.</i>; xxii <i>n.</i>, xxv <i>n.</i>, <a href="#Page_xxvi">xxvi</a>, <a href="#Page_xxvii">xxvii</a>, <a href="#Page_27">27</a>, <a href="#Page_39">39</a>, <a href="#Page_125">125</a>.</p>
+<p class="index">Weed, Thurlow, and Cameron's appointment, <a href="#Page_143">143</a>;</p>
+<p class="index1">and the War Dep't. frauds, <a href="#Page_179">179</a>, <a href="#Page_180">180</a>; <a href="#Page_108">108</a>, <a href="#Page_112">112</a>, <a href="#Page_139">139</a>, <a href="#Page_141">141</a>, <a href="#Page_146">146</a>, <a href="#Page_151">151</a>, <a href="#Page_181">181</a>, <a href="#Page_182">182</a>; <a href="#Page_184">184</a>.</p>
+<p class="index">Welk, Jesse W., <a href="#Page_101">101</a> <i>n.</i>, <a href="#Page_143">143</a> <i>n.</i></p>
+<p class="index">Welles, Gideon, quoted, on Cameron's appointment, <a href="#Page_142">142</a>, <a href="#Page_144">144</a>, <a href="#Page_146">146</a>, <a href="#Page_151">151</a>;</p>
+<p class="index1">on the Harvey dispatch, <a href="#Page_157">157</a>, <a href="#Page_158">158</a>;</p>
+<p class="index1">on Douglas's attitude in April, 1861, <a href="#Page_163">163</a>, <a href="#Page_164">164</a>;</p>
+<p class="index1">on Cameron's emancipation hobby, <a href="#Page_172">172</a> <i>n.</i>;</p>
+<p class="index1">on Cummings, <a href="#Page_181">181</a> <i>n.</i>;</p>
+<p class="index1">on inefficiency of Union armies, <a href="#Page_212">212</a>;</p>
+<p class="index1">on Halleck, <a href="#Page_226">226</a>;</p>
+<p class="index1">on Cabinet meeting of Jan. 8, 1867, <a href="#Page_290">290</a> <i>ff.</i>;</p>
+<p class="index1">opinion of, on question of territorializing states, <a href="#Page_290">290</a>;</p>
+<p class="index1">on Stanton and the Tenure-of-Office Act, <a href="#Page_303">303</a>;</p>
+<p class="index1">on Methodist pressure on Senator Willey, <a href="#Page_319">319</a>, <a href="#Page_320">320</a>;</p>
+<p class="index1">on divers matters, <a href="#Page_273">273</a> <i>n.</i>, <a href="#Page_313">313</a>, <a href="#Page_314">314</a>, <a href="#Page_324">324</a>, <a href="#Page_423">423</a>.</p>
+<p class="index">Wells, David A., <a href="#Page_353">353</a>, <a href="#Page_377">377</a>, <a href="#Page_379">379</a>.</p>
+<p class="index">Wentworth, John, <a href="#Page_90">90</a>, <a href="#Page_93">93</a>.</p>
+<p><span class="pagenum"><a id="Page_458">[458]</a></span></p>
+<p class="index">Whigs, the, and the Kansas-Nebraska bill, <a href="#Page_41">41</a>.</p>
+<p class="index">White, Andrew D., <a href="#Page_343">343</a>.</p>
+<p class="index">White, Horace, and Lincoln's Peoria speech, <a href="#Page_39">39</a>;</p>
+<p class="index1">his recollections of the Lincoln-Douglas campaign, <a href="#Page_89">89</a>,</p>
+<p class="index2">quoted, <a href="#Page_92">92</a>;</p>
+<p class="index1">impressions of John Brown, <a href="#Page_97">97</a>;</p>
+<p class="index1">on Douglas's speech to Ill. legislature, <a href="#Page_153">153</a>;</p>
+<p class="index1">his friendly relations with T., <a href="#Page_168">168</a>, <a href="#Page_169">169</a>, <a href="#Page_413">413</a>;</p>
+<p class="index1">and the ousting of Sumner, <a href="#Page_346">346</a>, <a href="#Page_347">347</a>;</p>
+<p class="index1">interview with Blaine, <a href="#Page_354">354</a>;</p>
+<p class="index1">on the outlook at Cincinnati (1872), <a href="#Page_378">378</a>;</p>
+<p class="index1">letter from T. to, and his reply, <a href="#Page_379">379</a>;</p>
+<p class="index1">chairman of platform committee at Cincinnati, <a href="#Page_382">382</a>;</p>
+<p class="index1">his view of the result, <a href="#Page_385">385</a>,</p>
+<p class="index2">and of Greeley's nomination, <a href="#Page_389">389</a>, <a href="#Page_390">390</a>;</p>
+<p class="index1">thinks Adams or T. could have been elected, <a href="#Page_402">402</a>, <a href="#Page_403">403</a>;</p>
+<p class="index1">last meeting with T., <a href="#Page_413">413</a>.</p>
+<p class="index">Whitfield, pro-slavery Delegate in Congress from Kansas, <a href="#Page_49">49</a>, <a href="#Page_50">50</a>.</p>
+<p class="index">Whitney, Henry C, quoted, <a href="#Page_143">143</a> <i>n.</i></p>
+<p class="index">Wigfall, Louis T., Senate, colloquy with T. in debate on Crittenden Compromise, <a href="#Page_129">129</a>, <a href="#Page_130">130</a>; <a href="#Page_133">133</a>, <a href="#Page_134">134</a>.</p>
+<p class="index">Wilkinson, Morton S., Senator, <a href="#Page_150">150</a>, <a href="#Page_189">189</a>.</p>
+<p class="index">Willey, Waitman T., Senator, Methodist pressure on, in impeachment trial, <a href="#Page_317">317</a>, <a href="#Page_320">320</a>;</p>
+<p class="index1">votes "guilty," <a href="#Page_320">320</a>;</p>
+<p class="index1">had agreed to vote "not guilty" if necessary, <a href="#Page_321">321</a>; <a href="#Page_261">261</a>, <a href="#Page_302">302</a>, <a href="#Page_314">314</a>.</p>
+<p class="index">Williams, Archibald, <a href="#Page_45">45</a>.</p>
+<p class="index">Williams, George H., Senator, <a href="#Page_281">281</a>, <a href="#Page_298">298</a>, <a href="#Page_299">299</a>, <a href="#Page_328">328</a>, <a href="#Page_329">329</a>.</p>
+<p class="index">Wilmot, David, Congressman, <a href="#Page_146">146</a>, <a href="#Page_150">150</a>.</p>
+<p class="index">Wilson, Henry, his speech on Kansas affairs, <a href="#Page_65">65</a>;</p>
+<p class="index1">quoted on possible alliance of Douglas with Republicans, <a href="#Page_79">79</a>;</p>
+<p class="index1">his resolution on suspension of habeas corpus, <a href="#Page_190">190</a>, <a href="#Page_191">191</a>;</p>
+<p class="index1">opposes bill authorizing Pres. to suspend habeas corpus, <a href="#Page_197">197</a>;</p>
+<p class="index1">his denunciation of Lincoln, <a href="#Page_219">219</a>;</p>
+<p class="index1">brings in bill to nullify new labor laws in seceding states, <a href="#Page_247">247</a>, <a href="#Page_248">248</a>;</p>
+<p class="index1">T.'s speech thereon, <a href="#Page_248">248</a>-<a href="#Page_251">251</a>;</p>
+<p class="index1">nominated for Vice-Pres., <a href="#Page_393">393</a>,</p>
+<p class="index2">and elected, <a href="#Page_402">402</a>; <a href="#Page_86">86</a>, <a href="#Page_87">87</a>, <a href="#Page_189">189</a>, <a href="#Page_194">194</a>, <a href="#Page_197">197</a>, <a href="#Page_198">198</a>, <a href="#Page_296">296</a>, <a href="#Page_298">298</a>, <a href="#Page_314">314</a>, <a href="#Page_315">315</a>, <a href="#Page_338">338</a>, <a href="#Page_344">344</a>, <a href="#Page_363">363</a>.</p>
+<p class="index">Wilson, James F., Congressman, proposes amendment to Constitution, prohibiting slavery, <a href="#Page_223">223</a>;</p>
+<p class="index1">"slated" for State Dep't under Grant, <a href="#Page_334">334</a> and <i>n.</i>,</p>
+<p class="index2">declines, <a href="#Page_334">334</a>;</p>
+<p class="index1">his character, <a href="#Page_335">335</a>; <a href="#Page_304">304</a>, <a href="#Page_309">309</a>.</p>
+<p class="index">Wilson, James H., General, <a href="#Page_337">337</a>.</p>
+<p class="index">Wirt, William, <a href="#Page_331">331</a>.</p>
+<p class="index">Wood, John, <a href="#Page_92">92</a>.</p>
+<p class="index">Wool, John E., General, <a href="#Page_178">178</a>, <a href="#Page_181">181</a>.</p>
+<p class="index">World's Columbian Exposition, <a href="#Page_412">412</a>.</p>
+<p class="index">Wright, Silas, <a href="#Page_91">91</a>.</p>
+<p class="index">Wright, William, Senator, <a href="#Page_261">261</a>, <a href="#Page_263">263</a>, <a href="#Page_264">264</a>.</p>
+<hr class="thin" />
+ <p id="Y" class="index">Yates, Richard, Governor, letter from, to T., <a href="#Page_218">218</a>;</p>
+<p class="index1">letter from T. to, <a href="#Page_120">120</a>, <a href="#Page_121">121</a>; <a href="#Page_107">107</a>, <a href="#Page_109">109</a>, <a href="#Page_111">111</a>, <a href="#Page_150">150</a>, <a href="#Page_197">197</a>, <a href="#Page_220">220</a>.</p>
+<p class="index">Yulee, David L., Senator, <a href="#Page_99">99</a>.</p>
+
+
+
+
+
+
+
+
+<pre>
+
+
+
+
+
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+The Project Gutenberg EBook of The Life of Lyman Trumbull, by Horace White
+
+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 Life of Lyman Trumbull
+
+Author: Horace White
+
+Release Date: November 18, 2011 [EBook #38043]
+
+Language: English
+
+Character set encoding: ASCII
+
+*** START OF THIS PROJECT GUTENBERG EBOOK THE LIFE OF LYMAN TRUMBULL ***
+
+
+
+
+Produced by Adam Buchbinder, Matthew Wheaton and the Online
+Distributed Proofreading Team at http://www.pgdp.net (This
+book was produced from scanned images of public domain
+material from the Google Print project.)
+
+
+
+
+
+
+
+
+
+    THE LIFE OF LYMAN TRUMBULL
+
+    BY
+
+    HORACE WHITE
+
+
+    BOSTON AND NEW YORK
+    HOUGHTON MIFFLIN COMPANY
+    The Riverside Press Cambridge
+    1913
+
+
+    COPYRIGHT, 1913, BY HORACE WHITE
+
+    ALL RIGHTS RESERVED
+
+    _Published October 1913_
+
+
+
+
+PREFACE
+
+
+A few years since, the widow of Lyman Trumbull requested me to write a
+biography of her husband, who was United States Senator from Illinois
+during the three senatorial terms 1855-1873, or to recommend some
+suitable person for the task. It had been a cause of surprise and regret
+to me that the name of Trumbull had not yet found a place in the
+swelling flood of biographical literature that embraces the Civil War
+period. Everybody, North or South, who stood on the same elevation with
+him, everybody who exercised influence and filled the public eye in
+equal measure with him, had found his niche in the libraries of the
+nation, and such place in the hearts of the people as his merits
+warranted. Trumbull alone had been neglected. I reflected upon the
+matter and came to the conclusion that, although better writers than
+myself could be found for this kind of work, no one was likely to be
+found who had been more intimate with him during his whole senatorial
+career, or who had warmer sympathy for his aims or higher admiration for
+his abilities and character. I reflected also that very soon there would
+be no person living possessing these special qualifications. Accordingly
+I decided to undertake the work.
+
+Mrs. Trumbull placed in my hands several thousand letters received by
+Trumbull, and a few written by him, during his public career. All these
+have been examined by me, and they are now in the Library of Congress.
+He was not in the habit of keeping copies of letters written by himself
+unless he deemed them important, and such copies were generally written
+out by his own hand, not taken in a copying-press. Other letters
+written by him have been sought with varying success in the hands of his
+correspondents, or their heirs, in various parts of the country, but
+nothing has been found in this way that can be considered of much
+importance.
+
+During the Reconstruction era I had sustained the policy of Congress in
+opposition to that of Andrew Johnson, but had revolted at the
+carpetbaggery and misgovernment which had ensued, and had abhorred the
+"Ku-Klux" bills and "Force" bills which the Union party for a long time
+continued to enact or threaten. I was not quite prepared to find,
+however, upon going over the whole ground again, that I had been wrong
+from the beginning, and that Andrew Johnson's policy, which was
+Lincoln's policy, was the true one, and ought never to have been
+departed from. This is the conclusion to which I have come, after much
+study, in the evening of a long life. This does not mean that all of the
+doings and sayings of President Johnson were wise and good, but that I
+believe him to have been an honest man, a true patriot, and a worthy
+successor of Lincoln whose Reconstruction policy he followed. Lincoln
+himself could not have carried that policy into effect without a fight,
+and many persons familiar with the temper of the time think that even he
+would have failed. All that we can now affirm is that he was armed with
+the prestige of victory and the confidence of the North, and hence would
+have been better prepared than Johnson was for meeting the difficulties
+that sprang up at the end of the war. It must be admitted, however, that
+Johnson honestly aimed to carry out that policy, both because it was
+Lincoln's and because he himself, after careful consideration, esteemed
+it sound.
+
+I acknowledge my indebtedness to the _Diary of Gideon Welles_, which I
+regard as the most important contribution to the history of the period
+of which it treats that has yet been given to the public. The history of
+Mr. James Ford Rhodes I have found to be an invaluable guide, as to both
+facts and judgments of men and things. I am indebted to Professor
+William A. Dunning, of Columbia University, for valuable suggestions,
+criticism, and encouragement, as well as for the assistance derived from
+his admired writings on Reconstruction. Miss Katherine Mayo has
+lightened my labors greatly by her intelligent and indefatigable search
+of old letters and newspaper files and by interviews with persons still
+living. My gratitude is due also to the late William H. Lambert, of
+Philadelphia, for giving me access to his collection of manuscript
+correspondence that passed between Lincoln and Trumbull prior to the
+inauguration of the former as President; also to Dr. William Jayne, of
+Springfield, Illinois, to Hon. J. H. Roberts, of Chicago, to the wife of
+Walter Trumbull (now Mrs. L. C. Pardee, of Chicago), and to Mrs. Mary
+Ingraham Trumbull, of Saybrook Point, Connecticut.
+
+    H. W.
+
+
+
+
+CONTENTS
+
+
+CHAPTER I
+
+ANCESTRY AND EARLY LIFE
+
+    The Trumbulls from Newcastle-on-Tyne, England--Most illustrious
+    family in Colony of Connecticut--Lyman Trumbull born and
+    educated at Colchester--Begins his career as school-teacher in
+    Georgia in 1833--Studies law there in office of Hiram Warner--In
+    1837 makes a journey on horseback to Shawneetown,
+    Illinois--Begins practice of law in office of Governor Reynolds
+    at Belleville--"Riding on the circuit" in the early days--In a
+    letter to his father describes the killing of Rev. Elijah P.
+    Lovejoy at Alton--Elected to the legislature from St. Clair
+    County in 1840--Appointed secretary of state in 1841 by Governor
+    Carlin--Removed from office in 1843 by Governor Ford--Political
+    disturbance in consequence--Belleville in 1842--Marriage of
+    Trumbull and Miss Julia Jayne--Their wedding journey--Political
+    campaign of 1848--Trumbull fails of nomination for governor--Is
+    elected judge of the supreme court in 1848--Removes his
+    residence to Alton--Reelected as judge in 1852, but resigns in
+    the following year.                                                1
+
+
+CHAPTER II
+
+SLAVERY IN ILLINOIS
+
+    French adventurers from Canada the first whites in
+    Illinois--Followed by colonists from Louisiana--Slaves sent from
+    Santo Domingo by John Law's Company of the Indies--Thomas
+    Jefferson takes steps to exclude slavery from the Northwest
+    Territory--The Anti-Slavery Ordinance of 1787--The territorial
+    legislature authorizes the holding of "indentured servants" for
+    a limited time--Attempts to repeal the Ordinance defeated in
+    Congress by John Randolph of Roanoke--State constitution in 1818
+    prohibits slavery--the pro-slavery men attempt to change the
+    constitution--Bitter contest in 1824 results in their
+    defeat--Slavery continues, nevertheless, under judicial
+    decisions--Trumbull wages war against it in the courts--His
+    final victory in the Jarrot case, in 1845                         23
+
+
+CHAPTER III
+
+FIRST ELECTION AS SENATOR
+
+    Senator Douglas and the repeal of the Missouri
+    Compromise--Disruption of political parties--Trumbull announces
+    himself a candidate for Congress in opposition to the Nebraska
+    Bill--Is elected in the Eighth Illinois District--Abraham
+    Lincoln takes the stump against Douglas--Their joint debate at
+    Springfield in October, 1854--An Anti-Nebraska legislature
+    elected--Lincoln a candidate for Senator in place of General
+    Shields--Five Anti-Nebraska Bill members vote for
+    Trumbull--Supporters of Shields transfer their votes to Governor
+    Matteson--Lincoln transfers his votes to Trumbull, who is
+    elected by a majority of one                                      32
+
+
+CHAPTER IV
+
+THE KANSAS WAR
+
+    Trumbull takes his seat in the Senate--A protest is presented
+    declaring him not eligible--It is overruled after
+    debate--Disturbances in Kansas consequent upon the passage of
+    the Nebraska Bill--Trumbull makes a speech criticizing Douglas's
+    report thereon--Debate between the two Senators attracts wide
+    attention--Speeches of Seward, Sumner, Collamer, and
+    others--Trumbull's first appearance in debate is warmly welcomed
+    by the opponents of the Nebraska Bill                             48
+
+
+CHAPTER V
+
+THE LECOMPTON FIGHT
+
+    The national contest of 1856 results in the election of James
+    Buchanan as President--The Republicans of Illinois elect their
+    state ticket--The Kansas war continues--Buchanan appoints Robert
+    J. Walker governor of the territory--The Pro-Slavery party hold
+    a convention at the town of Lecompton to form a state
+    constitution--The Free State men decide not to participate, but
+    to vote against the constitution when submitted to the
+    people--The convention decides not to submit the constitution to
+    popular vote--President Buchanan agrees to this plan--Governor
+    Walker thereupon resigns his office and Senator Douglas opposes
+    the admission of Kansas under the Lecompton Constitution--Both
+    Trumbull and Douglas speak against the Lecompton measure and
+    Congress rejects it--Douglas contemplates joining the
+    Republicans                                                       69
+
+
+CHAPTER VI
+
+THE CAMPAIGN OF 1858 AND THE JOHN BROWN RAID
+
+    Popularity of Douglas among the Eastern Republicans growing out
+    of the Lecompton fight--Not shared by those of Illinois--The
+    latter choose Lincoln as their candidate for Senator--Some
+    letters from Lincoln to Trumbull in 1858--The campaign of 1858
+    results in the reelection of Douglas, but the popular vote shows
+    a plurality for Lincoln--Douglas's doctrine of "Unfriendly
+    Legislation" in the territories in regard to slavery turns the
+    South against him--The John Brown raid at Harper's
+    Ferry--Trumbull's speech and debate thereon in the Senate         86
+
+
+CHAPTER VII
+
+THE ELECTION OF LINCOLN--SECESSION
+
+    The National Republican Convention at Chicago in 1860--How
+    Lincoln was nominated in preference to Seward--the Secession
+    movement after the election--Trumbull makes a speech at
+    Springfield which includes a brief statement of Republican
+    policy written by Lincoln--Correspondence between Lincoln and
+    Trumbull before the inauguration--Trumbull advises his friends
+    in Chicago not to make concessions to those who threaten to
+    overthrow the Government--He has a debate in the Senate with
+    Jefferson Davis--Makes a speech at the night session, March 2,
+    1861, against the Crittenden Compromise--The latter defeated in
+    the Senate by Yeas, 19; Nays, 20--Some items of Washington
+    society news from Mrs. Trumbull--Interview between President
+    Buchanan and Judge McLean--Text of Trumbull's Speech against the
+    Crittenden Compromise                                            102
+
+
+CHAPTER VIII
+
+CABINET-MAKING--THE DEATH OF DOUGLAS
+
+    Trumbull's interview with William Cullen Bryant, and others, who
+    oppose William H. Seward as a member of Lincoln's Cabinet--They
+    consider Seward's coterie in New York corrupt and
+    dangerous--Trumbull communicates the objections to
+    Lincoln--Lincoln thinks that the forces which backed Seward at
+    the Chicago Convention must not be snubbed--He has already
+    offered a place to Seward--The question of Cameron more
+    difficult--David Davis's bargain with friends of Cameron and of
+    Caleb Smith--Cameron tries to procure an invitation to
+    Springfield, but Lincoln refuses--Leonard Swett gives invitation
+    without Lincoln's authority--Cameron visits Springfield and
+    secures promise of Cabinet position from Lincoln--A. K. McClure
+    protests against Cameron's appointment and Lincoln requests
+    Cameron to decline--Cameron does not decline--Trumbull advises
+    Lincoln not to appoint Cameron--Lincoln's Illinois friends
+    protest against Cameron--Trumbull urges appointment of
+    Judd--Seward and Weed support Cameron, who is finally appointed
+    Secretary of War--Trumbull, reelected as Senator, becomes
+    Chairman of the Committee on the Judiciary--The last great
+    service of Senator Douglas to his country--His death and
+    Trumbull's tribute to his memory                                 139
+
+
+CHAPTER IX
+
+FORT SUMTER
+
+    The Senate appoints a committee to ask the President to recall
+    the appointment of Harvey as Minister to Portugal--He had
+    notified Governor Pickens of the Government's intention to
+    relieve Fort Sumter--Trumbull a member of the committee--Seward
+    says that he did not know of Harvey's action till after the
+    appointment was made--In fact, Seward gave the information to
+    Harvey intending that he should send it to Pickens--John Hay's
+    Diary says that Lincoln, before his inauguration, offered to
+    evacuate Fort Sumter--Also that he repeated the offer after
+    inauguration--This confirms a narrative of John Minor Botts--The
+    controversy between Botts and J. B. Baldwin concerning the
+    latter's interview with Lincoln on April 5, 1861--Reasons for
+    believing that Botts's story is true--Remarkable interview
+    between Douglas and Seward as to Fort Sumter                     155
+
+
+CHAPTER X
+
+BULL RUN--THE CONFISCATION ACT
+
+    Trumbull makes an excursion with Senator Grimes to the battle of
+    Bull Run--Is caught by the retreating Union army and driven back
+    to Washington--His account of the panic and stampede says, "It
+    was the most shameful rout you can conceive of"--Sends a
+    telegram to Mrs. Trumbull, but the authorities suppress
+    it--Consternation at the Capital--General Fremont's doings at
+    St. Louis--His military order of emancipation--Lincoln considers
+    it premature and revokes it--Correspondence between Trumbull and
+    M. Carey Lea, of Philadelphia--Cameron follows Fremont's example
+    in his first Annual Report--Sends report to the newspapers
+    without the President's knowledge--Lincoln directs him to recall
+    it and strike out the part relating to slavery--General David
+    Hunter issues an order freeing all slaves in South Carolina,
+    Georgia, and Florida--The President revokes it--Trumbull reports
+    a bill from the Senate Judiciary Committee to confiscate the
+    property of rebels and to give freedom to all of their
+    slaves--Collamer opposes confiscation as both unconstitutional
+    and impolitic--He offers an amendment to substitute judicial
+    process for military confiscation--Collamer's views prevail--The
+    President objected, however, to the forfeiture of real estate
+    beyond the lifetime of the owner--This was the first bill passed
+    by Congress dealing a heavy blow at slavery                      165
+
+
+CHAPTER XI
+
+THE EXPULSION OF CAMERON
+
+    Cameron and Alexander Cummings--Two million dollars placed in
+    New York subject to Cummings's draft--The steamer Catiline
+    chartered and laden by Cummings and Thurlow Weed--The House
+    Committee on Government Contracts--Cummings's
+    testimony--Congressman Dawes's exposure of horse contracts--An
+    equine Golgotha around Washington City--The House censures
+    Cameron--Lincoln removes him and appoints Stanton in his
+    place--Cameron appointed Minister to Russia--Trumbull opposes
+    confirmation--Cameron is confirmed, six Republican Senators
+    voting in the negative                                           178
+
+
+CHAPTER XII
+
+ARBITRARY ARRESTS
+
+    Lincoln's first suspension of the writ of _habeas
+    corpus_--Secretary Seward and John Hay give verbal instructions
+    thereunder--Senate debate on arbitrary arrests--Wide differences
+    of opinion as to legality thereof--Trumbull calls for
+    information--Debate between Trumbull, Dixon, and Wilson--Was
+    power to suspend the writ lodged in the executive or in the
+    legislative department?--Chief Justice Taney held that the writ
+    had not been lawfully suspended anywhere--Trumbull demands trial
+    by jury, without delay, of civilians arrested in loyal
+    states--Before Congress takes action the election of 1862
+    results in victory for Democrats--Republican leaders
+    intimidated--Stanton discharges all civilian prisoners--Congress
+    passes Trumbull's bill authorizing President to suspend writ,
+    but requiring trial in civil courts and discharge of persons not
+    indicted--Bill to indemnify the President for previous acts
+    passed by both houses--Banishment of Vallandigham and
+    suppression of the Chicago _Times_--Trumbull opposes the latter  190
+
+
+CHAPTER XIII
+
+INCIDENTS OF THE YEARS 1863 AND 1864
+
+    The movement in the Senate for the retirement of Secretary
+    Seward--Letters from Gustave Koerner, Alfred Iverson, and Walter
+    B. Scates--The appointment of M. W. Delahay as judge of the U.S.
+    District Court of Kansas--His subsequent impeachment and
+    resignation--Letters of General John M. Palmer, Colonel Fred
+    Hecker, and Jesse K. Dubois--Trumbull doubts the expediency of
+    Lincoln's second nomination--He thinks that there is a lack of
+    efficiency in the prosecution of the war--This opinion shared by
+    Henry Wilson and by Congressmen generally in the beginning of
+    1864--The people, however, were for Lincoln's renomination--The
+    Cleveland Convention, and nomination of General
+    Fremont--Simultaneous retirement of Fremont and
+    Postmaster-General Blair                                         210
+
+
+CHAPTER XIV
+
+THE THIRTEENTH AMENDMENT TO THE CONSTITUTION
+
+    Scope of Lincoln's Proclamation of Emancipation--Amendment of
+    the Constitution to abolish slavery--First proposals by Wilson,
+    of Iowa, and Henderson, of Missouri--Trumbull reports the
+    Thirteenth Amendment from the Senate Judiciary Committee--His
+    argument thereon--Speeches of Senators Henderson and Reverdy
+    Johnson--Amendment passes the Senate, but fails in the
+    House--Second attempt in the House successful by a trade with
+    Democrats--Amendment ratified--Objections raised by Southern
+    States explained away by Seward                                  222
+
+
+CHAPTER XV
+
+RECONSTRUCTION
+
+    Death of Lincoln--Conflict of opinions concerning the status of
+    the seceding states--Lincoln's proclamation of December,
+    1863--Reconstruction of Louisiana in pursuance thereof--Trumbull
+    reports a joint resolution admitting that state--Sumner prevents
+    the Senate from voting on it--Lincoln's last speech on
+    Reconstruction--His plan indorsed by William Lloyd
+    Garrison--Andrew Johnson as President adopts it--Recognizes
+    Virginia, Tennessee, Louisiana, and Arkansas as restored to the
+    Union--Issues an executive order appointing a governor of North
+    Carolina to call a constitutional convention--Negroes not
+    included in the list of voters--Similar orders issued for the
+    other seceding states--Wendell Phillips sounds a blast against
+    President Johnson--Northern newspapers at first favorable to
+    Johnson--Desperate industrial condition of the South             231
+
+
+CHAPTER XVI
+
+ANDREW JOHNSON'S FIRST MESSAGE
+
+    Excellent tone and temper of Johnson's first communication to
+    Congress--Written by George Bancroft--Eulogy of the New York
+    _Nation_--Johnson's early life and training--A first-rate
+    stump-speaker--Sumner attacks Johnson for "whitewashing" the
+    ex-slaveholders--Acts of Southern legislatures passed to keep
+    the negroes in order--Senator Wilson moves that all such acts
+    establishing inequality of civil rights be declared
+    invalid--Trumbull argues for postponement of such legislation
+    until the Thirteenth Amendment is ratified--Debate between
+    Trumbull and Saulsbury--Reports of General Grant and General
+    Carl Schurz on the condition and temper of the Southern
+    people--Letter from J. L. M. Curry on the same                   244
+
+
+CHAPTER XVII
+
+THE FREEDMEN'S BUREAU AND CIVIL RIGHTS BILLS
+
+    Trumbull introduces two bills to protect the freedmen in the
+    states--Provisions of the Freedmen's Bureau Bill--Trumbull
+    contends that the Thirteenth Amendment authorized Congress to
+    abolish the incidents and disabilities of slavery--The
+    Freedmen's Bureau Bill passed by Congress and vetoed by the
+    President--The Senate fails to pass it over the veto--Struggle
+    in the Senate to obtain a two-thirds majority--Senator Stockton
+    (Democrat), of New Jersey, unseated--Trumbull's Civil Rights
+    Bill taken up--It does not deal with the right of
+    suffrage--Debate in the Senate on the constitutional
+    question--Bill passes Senate--Is opposed in the House by
+    Bingham, of Ohio--Is vetoed by the President--Exciting scene in
+    Senate when the bill is passed over the veto--Trumbull takes
+    the lead in the campaign of 1866 and is reelected to the
+    Senate--The Civil Rights Act in the courts--An echo from the
+    State of Georgia                                                 257
+
+
+CHAPTER XVIII
+
+THE FOURTEENTH AMENDMENT
+
+    The Joint Committee on Reconstruction reports the Fourteenth
+    Amendment of the Constitution--It holds that the seceding states
+    cannot be restored to their former places in the Union by the
+    executive alone--Tennessee admitted to the Union by
+    Congress--The Arm-in-Arm Convention at Philadelphia--President
+    Johnson's unfortunate speech following that event--The Southern
+    States refuse to ratify the Fourteenth Amendment--This refusal
+    gives increased power to the radicals in the North               281
+
+
+CHAPTER XIX
+
+CROSSING THE RUBICON
+
+    Decision of the Supreme Court in the Milligan case--It declares
+    all trials of civilians by military commissions unlawful--It
+    implies that Andrew Johnson's policy was preferable to that of
+    Congress--All the members of the Cabinet support the President's
+    policy--Stanton, however, secretly confers with the radicals to
+    undermine the President--Sumner and Stevens become the leaders
+    in Congress and pass bills annulling state governments in the
+    South--The Conservatives follow reluctantly, believing that the
+    negroes cannot be protected unless they have the right to
+    vote--Remarkable series of Reconstruction Acts passed in 1867
+    and 1868--The case of Georgia--Trumbull overthrows Governor
+    Bullock and his senatorial supporters                            288
+
+
+CHAPTER XX
+
+IMPEACHMENT
+
+    The Tenure-of-Office Bill passed to curtail the President's
+    power to remove office-holders--It does not apply to members of
+    the Cabinet--The President vetoes it--The veto message written
+    by Seward and Stanton in conjunction--Bill repassed over
+    veto--First mutterings about impeachment--The Judiciary
+    Committee reports in favor of it--The House rejects the
+    report--The President requests Stanton's resignation--Stanton
+    refuses to resign--The President removes him and appoints Grant
+    Secretary of War _ad interim_--Stanton retires--The Senate
+    disapproves of the removal of Stanton--Grant retires and Stanton
+    resumes office--The President accuses Grant of bad faith, and
+    appoints Lorenzo Thomas Secretary of War--The House votes to
+    impeach the President and appoints managers therefor--The trial
+    begins March 5, 1868--The President is acquitted by vote of 35
+    to 19, not two thirds--Seven Republican Senators including
+    Trumbull vote "Not Guilty"--Newspaper comments sustaining the
+    "Seven Traitors"--Trumbull's written opinion filed with the
+    record--Consequences of the impeachment trial--Death of
+    Fessenden--Death of Mrs. Lyman Trumbull                          301
+
+
+CHAPTER XXI
+
+THE McCARDLE CASE--GRANT'S CABINET--THE FIFTEENTH AMENDMENT
+
+    W. H. McCardle, of Mississippi, arrested by General Ord for
+    seditious publications--Takes an appeal to the Supreme
+    Court--General Grant, as Secretary of War _ad interim_, retains
+    Trumbull to defend the military authorities--Congress passes a
+    law to deprive the Supreme Court of jurisdiction--Trumbull votes
+    for it--The Court rules that its jurisdiction has been withdrawn
+    by Congress--Secretary Stanton fixes Trumbull's compensation for
+    professional services at $10,000--Senator Chandler contends that
+    the payment is contrary to law--Trumbull shows that both law and
+    precedent are on his side--The facts in the case--President
+    Grant's mishaps in choosing his Cabinet--Washburne for the State
+    Department, Stewart for the Treasury, and Borie for the
+    Navy--They are succeeded by Fish, Boutwell, and Robeson--General
+    John A. Rawlins selected by himself for Secretary of War with
+    Grant's approval--General Jacob Cox and Rockwood Hoar, two men
+    of the highest type, appointed but soon resign--Adoption of the
+    Thirteenth Amendment of the Constitution                         327
+
+
+CHAPTER XXII
+
+CAUSES OF DISCONTENT
+
+    Senator Grimes's estimate of the Republican party in
+    1870--President Grant's methods of carrying on the
+    Government--His attempt to annex Santo Domingo--Senate rejects
+    the treaty of annexation--The President comes in conflict with
+    Charles Sumner, who is displaced as chairman of the Senate
+    Committee on Foreign Relations--Trumbull sustains
+    Sumner--Motley, Minister to Great Britain, is removed from
+    office and Trumbull is asked to take his place--He declines the
+    offer--First movement for civil service reform--Trumbull makes a
+    speech at Chicago advocating it--Secretary Cox and
+    Attorney-General Hoar cease to be members of Grant's Cabinet     341
+
+
+CHAPTER XXIII
+
+THE LIBERAL REPUBLICANS
+
+    The Liberal Republican movement begins in Missouri--Its
+    leaders--Enfranchisement of the ex-Confederates, civil service
+    reform, and revenue reform, the issues--Meeting of revenue
+    reformers at New York, November 22, 1871--James G. Blaine,
+    Speaker of the House, offers them a majority of the Committee of
+    Ways and Means--The Missouri movement alarms the Republican
+    leaders--They pass the Ku-Klux Bill for the employment of
+    military force in the South--Trumbull and Schurz oppose the
+    Ku-Klux bill--Trumbull pronounces it an unconstitutional
+    measure--Schurz advocates the removal of all political
+    disabilities--Congress passes an act of universal amnesty after
+    the meeting of the Liberal Republican Convention                 351
+
+
+CHAPTER XXIV
+
+GRANT'S ADMINISTRATION
+
+    General Grant's habits and training were not well adapted to
+    civil and political duties--He was nominated for President on
+    account of his military success--Rottenness in the New York
+    Custom-House--Trumbull moves a general investigation of the
+    waste of public money--The Senate decides in favor of a
+    committee to investigate only matters specifically referred to
+    it--The Leet and Stocking scandal--Colonel Leet found to be
+    receiving $50,000 per year from the "General Order" business of
+    the New York Custom-House--A Senate committee reports the facts
+    to Secretary of the Treasury, Boutwell--The Secretary makes a
+    new investigation and recommends that Collector Murphy
+    discontinue the "General Order" system--Murphy allows it to
+    continue indefinitely--A second Senate investigation
+    ordered--The Leet and Stocking mystery explained--President
+    Grant not a participant in the profits--The "General Order"
+    system broken up--Indignation among Republicans resulting from
+    the exposure                                                     361
+
+
+CHAPTER XXV
+
+THE CINCINNATI CONVENTION
+
+    The Liberal Republican Convention in Missouri calls national
+    convention at Cincinnati--Prompt and favorable response in Ohio
+    and other states--Cooeperation of leading Democrats--Springfield
+    _Republican_, Cincinnati _Commercial_, and Chicago _Tribune_,
+    Republican newspapers, support the movement--Henry Watterson,
+    Manton Marble, and August Belmont, Democrats, cooeperate--The
+    movement in Pennsylvania--William C. Bryant and others favor the
+    nomination of Trumbull for President--Great meeting at Cooper
+    Union, New York--Governor Palmer, of Illinois, favors the
+    movement--Charles Francis Adams, Horace Greeley, David Davis, B.
+    Gratz Brown, and A. G. Curtin mentioned for
+    President--Correspondence with Trumbull on the subject--The
+    editors' dinner at Murat Halstead's house--Platform
+    embarrassment--The tariff question referred to the congressional
+    districts--Frank Blair and Gratz Brown cause a commotion--Carl
+    Schurz made chairman of the convention--Balloting for
+    President--Brown withdraws his name and advises his friends to
+    vote for Greeley--Greeley nominated on the sixth
+    ballot--Consternation of the supporters of Adams and
+    Trumbull--Most of the Liberal Republican editors decide to
+    support Greeley--Carl Schurz is much distressed--Godkin and
+    Bryant reject Greeley--Correspondence between Bryant and
+    Trumbull--Charles Sumner's hesitating course--He finally decides
+    to support Greeley                                               372
+
+
+CHAPTER XXVI
+
+THE GREELEY CAMPAIGN
+
+    How Trumbull received the news--Carl Schurz advises Greeley to
+    decline the nomination--Greeley decides to accept it--Meeting of
+    Liberal Republican leaders in New York to consider their
+    course--Trumbull and Schurz decide to support the Cincinnati
+    ticket--Correspondence between Schurz and Godkin--Parke Godwin
+    against Greeley--President Grant renominated by the Republicans
+    with Henry Wilson for Vice-President--The Democrats at Baltimore
+    adopt both nominees and platform of the Liberal Republicans--A
+    minority call a bolting convention, which nominates Charles
+    O'Conor--Trumbull's speech at Springfield, Illinois, in support
+    of the Cincinnati ticket--Greeley's campaign starts with the
+    prospect of victory--North Carolina election in August gives the
+    Grant ticket a small majority--The tide turns against
+    Greeley--Greeley takes the stump in September and makes a
+    favorable impression, but too late--The October elections, in
+    Pennsylvania and Ohio, go heavily Republican--Greeley and Brown
+    defeated--Death of Greeley following the election--State
+    election in Louisiana in 1872--Fraudulent returns in favor of
+    Kellogg exposed by Senators Carpenter and Trumbull--Kellogg
+    sustained by President Grant                                     389
+
+
+CHAPTER XXVII
+
+LATER YEARS
+
+    Trumbull's senatorial term expires in 1873--Not reelected--He
+    resumes the practice of law in Chicago--The second Grant
+    administration worse than the first--The Republican party beaten
+    in the congressional elections of 1874--The Hayes-Tilden
+    campaign in 1876--Disputed returns in Louisiana, South Carolina,
+    and Florida--The Electoral Commission--"Visiting Statesmen" sent
+    to Louisiana to watch the count of the votes--Trumbull chosen as
+    one of them--Chosen also to support Tilden's claim before the
+    electoral commission--His argument thereon--E. W. Stoughton, in
+    behalf of Hayes, contends that the returns of election certified
+    by the governor of a state must be accepted--Also that the
+    status of a governor recognized by the President of the United
+    States cannot be questioned--Both these contentions are
+    sustained by the Electoral Commission--By a vote of 8 to 7
+    Hayes is declared elected President--Trumbull's marriage to Miss
+    Mary Ingraham--He is nominated for governor of Illinois by the
+    Democrats in 1880--Is defeated by Shelby M. Cullom--My last
+    meeting with Trumbull at the World's Columbian
+    Exposition--Trumbull's professional services in the Debs
+    case--His public speech, after the case was decided--He sides
+    with the Populist party--Prepares their declaration of
+    principles in December, 1894--Text of the Declaration            407
+
+
+CHAPTER XXVIII
+
+CONCLUSION
+
+    Trumbull goes to Belleville to attend the funeral of Gustave
+    Koerner--Is taken with illness at hotel--On his return to his
+    home he is found to be suffering from an internal tumor--His
+    physicians decide that a surgical operation would be fatal--He
+    lingers till June 5, 1896--Dies in his eighty-third
+    year--Impressive funeral--His great qualities as a lawyer and
+    political debater--His conscientiousness and courage--His
+    generosity, and fondness for little children--His place in the
+    country's history--Eulogy by Joseph Medill, and other
+    contemporaries--Trumbull's estimate of Lincoln--His religious
+    views--His surviving family and descendants                      418
+
+
+INDEX                                                                433
+
+
+
+
+INTRODUCTION
+
+
+Events in the year 1854 brought into the field of national politics two
+members of the bar of southern Illinois who were destined to hold high
+places in the public councils--Abraham Lincoln and Lyman Trumbull. They
+were members of opposing parties, Lincoln a Whig, Trumbull a Democrat.
+Both were supporters of the compromise measures of 1850. These measures
+had been accepted by the great majority of the people, not as wholly
+satisfactory, but as preferable to never-ending turmoil on the slavery
+question. There had been a subsidence of anti-slavery propagandism in
+the North, following the Free Soil campaign of 1848. Hale and Julian
+received fewer votes in 1852 than Van Buren and Adams had received in
+the previous election. Franklin Pierce (Democrat) had been elected
+President of the United States by so large a majority that the Whig
+party was practically killed. President Pierce in his first message to
+Congress had alluded to the quieting of sectional agitation and had
+said: "That this repose is to suffer no shock during my official term,
+if I have the power to avert it, those who placed me here may be
+assured." Doubtless the Civil War would have come, even if Pierce had
+kept his promise instead of breaking it; for, as Lincoln said a little
+later: "A house divided against itself cannot stand."
+
+It was not at variance with itself on the slavery question solely. In
+fact, the North did not take up arms against slavery when the crisis
+came. A few men foresaw that a war raging around that institution would
+somehow and sometime give it its death-blow, but at the beginning the
+Northern soldiers marched with no intention of that kind. They had an
+eye single to the preservation of the Union. The uprising which followed
+the firing upon Fort Sumter was a passionate protest against the insult
+to the national flag. It betokened a fixed purpose to defend what the
+flag symbolized, and it was only slowly and hesitatingly that the
+abolition of slavery was admitted as a factor and potent issue in the
+Northern mind.
+
+It is true that the South seceded in order to preserve and extend
+slavery, but it was penetrated with the belief that it had a perfect
+right to secede--not merely the right of revolution which our ancestors
+exercised in separating from Great Britain, but a right under the
+Constitution.
+
+The states under the Confederation, during the Revolutionary period and
+later, were actually sovereign. The Articles of Confederation declared
+them to be so. When the Constitution was formed, the habit of state
+sovereignty was so strong that it was only with the greatest difficulty
+that its ratification by the requisite number of states could be
+obtained. John Quincy Adams said that it was "extorted from the grinding
+necessity of a reluctant people." The instrument itself provided a
+common tribunal (the Supreme Court) as arbiter for the decision of all
+disputed questions arising under the Constitution and laws of the United
+States. But it was not generally supposed that the jurisdiction of the
+court included the power to extinguish state sovereignty.[1]
+
+The first division of political parties under the new government was the
+outgrowth of emotions stirred by the French Revolution. The Republicans
+of the period, led by Jefferson, were ardent sympathizers with the
+uprising in France. The Federalists, who counted Washington, Hamilton,
+and John Adams as their representative men, were opposed to any
+connection with European strife, or to any fresh embroilment with
+England, growing out of it. The Alien and Sedition Laws were passed in
+order to suppress agitation tending to produce such embroilment.
+Jefferson met these laws with the "Resolutions of '98," which were
+adopted by the legislatures of Virginia and Kentucky. These resolutions
+affirmed the right of the separate states to judge of any infraction of
+the Constitution by the Federal Government and also of the mode and
+measure of redress--a claim which necessarily included the right to
+secede from the Union if milder measures failed. The Alien and Sedition
+Laws expired by their own limitation before any actual test of their
+validity took place.
+
+The next assertion of the right of the states to nullify the acts of the
+Federal Government came from a more northern latitude as a consequence
+of the purchase of Louisiana. This act alarmed the New England States.
+The Federalists feared lest the acquisition of this vast domain should
+give the South a perpetual preponderance and control of the Government.
+Since there was no clause in the Constitution providing for the
+acquisition of new territory (as President Jefferson himself conceded),
+they affirmed that the Union was a partnership and that a new partner
+could not be taken in without the consent of all the old ones, and that
+the taking in of a new one without such consent would release the old
+ones.
+
+Controversy on this theme was superseded a few years later by more acute
+sources of irritation--the Embargo and War of 1812. These events fell
+with great severity on the commerce of the Northern States, and led to
+the passage by the Massachusetts legislature of anti-Embargo
+resolutions, declaring that "when the national compact is violated and
+the citizens are oppressed by cruel and unauthorized law, this
+legislature is bound to interpose its power and wrest from the oppressor
+his victim." In this doctrine Daniel Webster concurred. In a speech in
+the House of Representatives, December 9, 1814, on the Conscription
+Bill, he said:
+
+     The operation of measures thus unconstitutional and illegal
+     ought to be prevented by a resort to other measures which are
+     both constitutional and legal. It will be the solemn duty of
+     the State Governments to protect their own authority over their
+     own militia and to interpose between their own citizens and
+     arbitrary power.... With the same earnestness with which I now
+     exhort you to forbear from these measures I shall exhort them
+     to exercise their unquestionable right of providing for the
+     security of their own liberties.[2]
+
+The anti-Embargo resolutions were followed by the refusal of both
+Massachusetts and Connecticut to allow federal officers to take command
+of their militia and by the call for the Hartford Convention. The latter
+body recommended to the states represented in it the adoption of
+measures to protect their citizens against forcible drafts,
+conscriptions, or impressments not authorized by the Constitution--a
+phrase which certainly meant that the states were to judge of the
+constitutionality of the measures referred to. The conclusion of peace
+with Great Britain put an end to this crisis before it came to blows.
+
+On February 26, 1833, Mr. Calhoun, following the Resolutions of '98,
+affirmed in the Senate the doctrine that the Government of the United
+States was a compact, by which the separate states delegated to it
+certain definite powers, reserving the rest; that whenever the general
+Government should assume the exercise of powers not so delegated, its
+acts would be void and of no effect; and that the said Government was
+not the sole judge of the powers delegated to it, but that, as in all
+other cases of compact among sovereign parties without any common judge,
+each had an equal right to judge for itself, as well of the infraction
+as of the mode and measures of redress. This was the stand which South
+Carolina took in opposition to the Force Bill of President Jackson's
+administration.[3]
+
+A state convention of South Carolina was called which passed an
+ordinance nullifying the tariff law of the United States and declaring
+that, if any attempt were made to collect customs duties under it by
+force, that state would consider herself absolved from all allegiance to
+the Union and would proceed at once to organize a separate government.
+President Jackson was determined to exercise force, and would have done
+so had not Congress, under the lead of Henry Clay, passed a compromise
+tariff bill which enabled South Carolina to repeal her ordinance and say
+that she had gained the substantial part of her contention.
+
+Despite the later speeches of Webster, the doctrine of nullification had
+a new birth in Massachusetts in 1845, the note of discord having been
+called forth by the proposed admission of Texas into the Union. In that
+year the legislature passed and the governor approved resolutions
+declaring that the powers of Congress did not embrace a case of the
+admission of a foreign state or a foreign territory into the Union by an
+act of legislation and "such an act would have no binding power whatever
+on the people of Massachusetts." This was a fresh outcropping of the
+bitterness which had prevailed in the New England States against the
+acquisition of Louisiana.
+
+Thus it appears that, although the Constitution did create courts to
+decide all disputes arising under it, the particularism which previously
+prevailed continued to exist. Nationalism was an aftergrowth proceeding
+from the habit into which the people fell of finding their common centre
+of gravity at Washington City, and of viewing it as the place where the
+American name and fame were embodied and emblazoned to the world. During
+the first half-century the North and the South were changing coats from
+time to time on the subject of state sovereignty, but meanwhile the
+Constitution itself was working silently and imperceptibly in the North
+to undermine particularism and to strengthen nationalism. It had
+accomplished its educational work in the early thirties when it found
+its complete expression in Webster's reply to Hayne. But the South
+believed just as firmly that Hayne was the victor in that contest, as
+the North believed that Webster was. Hayne's speech was not generally
+read in the North either then or later. It was not inferior, in the
+essential qualities of dignity, courtesy, legal lore, and oratorical
+force, to that of his great antagonist. Webster here met a foeman worthy
+of his steel.
+
+In the South the pecuniary interests bottomed on slavery offset and
+neutralized the unifying process that was ripening in the North. The
+slavery question entered into the debate between Webster and Calhoun in
+1833 sufficiently to show that it lay underneath the other questions
+discussed. Calhoun, in the speech referred to, reproached Forsyth, of
+Georgia, for dullness in not seeing how state rights and slavery were
+dovetailed together and how the latter depended on the former.
+
+That African slavery was the most direful curse that ever afflicted any
+civilized country may now be safely affirmed. It had its beginning in
+our country in the year 1619 at Jamestown, Virginia, where a Dutch
+warship short of provisions exchanged fourteen negroes for a supply
+thereof. Slavery of both Indians and negroes already existed in the West
+Indies and was regarded with favor by the colonists and their home
+governments. It began in Massachusetts in 1637 as a consequence of
+hostilities with the aborigines, the slaves being captives taken in war.
+They were looked upon by the whites as heathen and were treated
+according to precedents found in the Old Testament for dealing with the
+enemies of Jehovah. In order that they might not escape from servitude
+they were sent to the West Indies to be exchanged for negroes, and this
+slave trade was not restricted to captives taken in war, but was applied
+to any red men who could be safely seized and shipped away.
+
+From these small beginnings slavery spread over all the colonies from
+Massachusetts to Georgia and lasted in all of them for a century and a
+half, i.e., until after the close of the Revolutionary War. Then it
+began to lose ground in the Northern States. Public sentiment turned
+against it in Massachusetts, but all attempts to abolish it there by act
+of the legislature failed. Its death-blow was given by a judicial
+decision in 1783 in a case where a master was prosecuted, convicted, and
+fined forty shillings for beating a slave.[4]
+
+Public opinion sustained this judgment, although there had been no
+change in the law since the time when the Pequot Indians were sent by
+shiploads to the Bermudas to be exchanged for negroes. If masters could
+not punish their slaves in their discretion,--if slaves had any rights
+which white men were bound to respect,--slavery was virtually dead. No
+law could kill it more effectually.
+
+In one way and another the emancipation movement extended southward to
+and including Pennsylvania in the later years of the eighteenth century.
+Nearly all the statesmen of the Revolution looked upon the institution
+with disfavor and desired its extinction. Thomas Jefferson favored
+gradual emancipation in Virginia, to be coupled with deportation of the
+emancipated blacks, because he feared trouble if the two races were
+placed upon an equality in the then slaveholding states. He labored to
+prevent the extension of slavery into the new territories, and he very
+nearly succeeded. In the year 1784 he reported an ordinance in the
+Congress of the Confederation to organize all the unoccupied territory,
+both north and south of the Ohio River, in ten subdivisions, in all of
+which slavery should be forever prohibited, and this ordinance failed of
+adoption by only one vote. Six states voted in the affirmative. Seven
+were necessary. Only one representative of New Jersey happened to be
+present, whereas two was the smallest number that could cast the vote of
+any state. If one other member from New Jersey had been there, the
+Jeffersonian ordinance of 1784 would have passed; slavery would have
+been restricted to the seaboard states which it then occupied, and would
+never have drawn the sword against the Union, and the Civil War would
+not have taken place.[5]
+
+After the emancipation movement came to a pause, at the southern border
+of Pennsylvania, the fact became apparent that there was a dividing line
+between free states and slave states, and a feeling grew up in both
+sections that neither of them ought to acquire a preponderance of power
+and mastery over the other. The slavery question was not concerned with
+this dispute, but a habit grew up of admitting new states to the Union
+in pairs, in order to maintain a balance of power in the national
+Senate. Thus Kentucky and Vermont offset each other, then Tennessee and
+Ohio, then Louisiana and Indiana, then Mississippi and Illinois.
+
+In 1819, Alabama, a new slave state, was admitted to the Union and there
+was no new free state to balance it. The Territory of Missouri, in which
+slavery existed, was applying for admission also. While Congress was
+considering the Missouri bill, Mr. Tallmadge, of New York, with a view
+of preserving the balance of power, offered an amendment providing for
+the gradual emancipation of slaves in the proposed state, and
+prohibiting the introduction of additional slaves. This amendment was
+adopted by the House by a sectional vote, nearly all the Northern
+members voting for it and the Southern ones against it, but it was
+rejected by the Senate.
+
+In the following year the Missouri question came up afresh, and Senator
+Thomas, of Illinois, proposed, as a compromise, that Missouri should be
+admitted to the Union with slavery, but that in all the remaining
+territory north of 36 degrees and 30 minutes north latitude, slavery
+should be forever prohibited. This amendment was adopted in the Senate
+by 24 to 20, and in the House by 90 to 87. Of the affirmative votes in
+the House only fourteen were from the North, and nearly all of these
+fourteen members became so unpopular at home that they lost their seats
+in the next election. The Missouri Compromise was generally considered a
+victory for the South, but one great Southerner considered it the
+death-knell of the Union. Thomas Jefferson was still living, at the age
+of seventy-seven. He saw what this sectional rift portended, and he
+wrote to John Holmes, one of his correspondents, under date of April 22,
+1820:
+
+     This momentous question, like a fire-bell in the night,
+     awakened me and filled me with terror. I considered it at once
+     as the knell of the Union. It is hushed, indeed, for the
+     moment. But this is a reprieve only, not a final sentence. A
+     geographical line, coinciding with a marked principle, moral
+     and political, once conceived and held up to the angry passions
+     of men, will never be obliterated, and every new irritation
+     will mark it deeper and deeper.
+
+Nearly all of the emancipationists, during the decade following the
+adoption of the Compromise, were in the slaveholding states, since the
+evil had its seat there. The Colonization Society's headquarters were
+in Washington City. Its president, Bushrod Washington, was a Virginian,
+and James Madison, Henry Clay, and John Randolph, leading Southerners,
+were its active supporters. The only newspaper devoted specially to the
+cause (the _Genius of Universal Emancipation_), edited by Benjamin Lundy
+and William Lloyd Garrison, was published in the city of Baltimore. This
+paper was started in 1829, but it was short-lived. Mr. Garrison soon
+perceived that colonization, depending upon voluntary emancipation
+alone, would never bring slavery to an end, since emancipation was
+doubtful and sporadic, while the natural increase of slaves was certain
+and vastly greater than their possible deportation. For this reason he
+began to advocate emancipation without regard to colonization. This
+policy was so unpopular in Maryland and Virginia that his subscription
+list fell nearly to zero, and this compelled the discontinuance of the
+paper and his removal to another sphere of activity. He returned to his
+native state, Massachusetts, and there started another newspaper,
+entitled the _Liberator_, in 1831. The first anti-slavery crusade in the
+North thus had its beginning. It did not take the form of a political
+party. It was an agitation, an awakening of the public conscience. Its
+tocsin was immediate emancipation, as opposed to emancipation
+conditioned upon deportation.
+
+The slaveholders were alarmed by this new movement at the North. They
+thought that it aimed to incite slave insurrection. The governor of
+South Carolina made it the subject of a special message. The legislature
+of Georgia passed and the governor signed resolutions offering a reward
+of $5000 to anybody who would bring Mr. Garrison to that state to be
+tried for sedition. The mayor of Boston was urged by prominent men in
+the South to suppress the _Liberator_, although the paper was then so
+obscure at home that the mayor had never seen a copy of it, or even
+heard of its existence. The fact that there was any organized expression
+of anti-slavery thought anywhere was first made generally known at the
+North by the extreme irritation of the South; and when the temper of the
+latter became known, the vast majority of Northern people sided with
+their Southern brethren. They were opposed to anything which seemed
+likely to lead to slave insurrection or to a disruption of the Union.
+The abolitionist agitation seemed to be a provocation to both. Hence
+arose anger and mob violence against the abolitionists everywhere. This
+feeling took the shape of a common understanding not to countenance any
+discussion of the slavery question in any manner or anywhere. The
+execution of this tacit agreement fell for the most part into the hands
+of the disorderly element of society, but disapproval of the Garrisonian
+crusade was expressed by men of the highest character in the New England
+States, such as William Ellery Channing and Dr. Francis Wayland. The
+latter declined to receive the _Liberator_, when it was sent to him
+gratuitously.
+
+       *       *       *       *       *
+
+What was going on in the South during the thirties and forties of the
+last century? There were varying shades of opinion and mixed motives and
+fluctuating political currents. In the first place cotton-growing had
+been made profitable by the invention of the cotton-gin. This machine
+for separating the seeds from the fibre of the cotton plant caused an
+industrial revolution in the world, and its moral consequences were no
+less sweeping. It changed the slaveholder's point of view of the whole
+slavery question. The previously prevailing idea that slavery was
+morally wrong, and an evil to both master and slave, gradually gave way
+to the belief that it was beneficial to both, that it was an agency of
+civilization and a means of bringing the blessings of Christianity to
+the benighted African. This change of sentiment in the South, which
+became very marked in the early thirties, has been ascribed to the bad
+language of the abolitionists of the North. People said that the prime
+cause of the trouble was that Garrison and his followers did not speak
+easy. They were too vociferous. They used language calculated to make
+Southerners angry and to stir up slave insurrection. But how could
+anybody draw the line between different tones of voice and different
+forms of expression? Thomas Jefferson was not a speak-easy. He said that
+one hour of slavery was fraught with more misery than ages of that which
+led us to take up arms against Great Britain. If Garrison ever said
+anything more calculated to incite slaves to insurrection than that, I
+cannot recall it. On the other hand, Elijah Lovejoy, at Alton, Illinois,
+was a speak-easy. He did not use any violent language, but he was put to
+death by a mob for making preparations to publish a newspaper in which
+slavery should be discussed in a reasonable manner, if there was such a
+manner.
+
+Nevertheless, the Garrisonian movement was erroneously interpreted at
+the South as an attempt to incite slave insurrection with the attendant
+horrors of rapine and bloodshed. There were no John Browns then, and
+Garrison himself was a non-resistant, but since insurrection was a
+possible consequence of agitation, the Southern people demanded that the
+agitation should be put down by force. As that could not be done in any
+lawful way, and since unlawful means were ineffective, they considered
+themselves under a constant threat of social upheaval and destruction.
+The repeated declaration of Northern statesmen that there never would
+be any outside interference with slavery in the states where it existed,
+did not have any quieting effect upon them. The fight over the Missouri
+Compromise had convinced them that the North would prevent, if possible,
+the extension of slavery to the new territories, and that this meant
+confining the institution to a given space, where it would be eventually
+smothered. It might last a long time in its then boundaries, but it
+would finally reach a limit where its existence would depend upon the
+forbearance of its enemies. Then the question which perplexed Thomas
+Jefferson would come up afresh: "What shall be done with the blacks?"
+Mr. Garrott Brown, of Alabama, a present-day writer of ability and
+candor, thinks that the underlying question in the minds of the Southern
+people in the forties and fifties of the last century was not chiefly
+slavery, but the presence of Africans in large numbers, whether bond or
+free. This included the slavery question as a dollar-and-cent
+proposition and something more. Mrs. Fanny Kemble Butler, who lived on a
+Georgia plantation in the thirties, said that the chief obstacle to
+emancipation was the fact that every able-bodied negro could be sold for
+a thousand dollars in the Charleston market. Both fear and cupidity were
+actively at work in the Southern mind.
+
+In short, there was already an irrepressible conflict in our land,
+although nobody had yet used those words. There was a fixed opinion in
+the North that slavery was an evil which ought not to be extended and
+enlarged; that the same reasons existed for curtailing it as for
+stopping the African slave trade. There was a growing opinion in the
+South that such extension was a vital necessity and that the South in
+contending for it was contending for existence. The prevailing thought
+in that quarter was that the Southern people were on the defensive,
+that they were resisting aggression. In this feeling they were sincere
+and they gave expression to it in very hot temper.
+
+General W. T. Sherman, who was at the head of an institution of learning
+for boys in Louisiana in 1859, felt that he was treading on underground
+fires. In December of that year he wrote to Thomas Ewing, Jr.:
+
+     Negroes in the great numbers that exist here must of necessity
+     be slaves. Theoretical notions of humanity and religion cannot
+     shake the commercial fact that their labor is of great value
+     and cannot be dispensed with. Still, of course, I wish it never
+     had existed, for it does make mischief. No power on earth can
+     restrain opinion elsewhere and these opinions expressed beget a
+     vindictive feeling. The mere dread of revolt, sedition, or
+     external interference makes men, ordinarily calm, almost mad.
+     I, of course, do not debate the question, and moderate as my
+     views are, I feel that I am suspected, and if I do not actually
+     join in the praises of slavery I may be denounced as an
+     abolitionist.[6]
+
+FOOTNOTES:
+
+[1] Mr. H. C. Lodge, in his _Life of Daniel Webster_, says, touching the
+debate with Hayne in 1830:
+
+"When the Constitution was adopted by the votes of states at
+Philadelphia, and accepted by the votes of states in popular
+conventions, it is safe to say that there was not a man in the country,
+from Washington and Hamilton, on the one side, to George Clinton and
+George Mason, on the other, who regarded the new system as anything but
+an experiment entered upon by the states, and from which each and every
+state had the right to peaceably withdraw, a right which was very likely
+to be exercised."
+
+Mr. Gaillard Hunt, author of the _Life of James Madison_, and editor of
+his writings, has published recently a confidential memorandum dated May
+11, 1794, written by John Taylor of Caroline for Mr. Madison's
+information, giving an account of a long and solemn interview between
+himself and Rufus King and Oliver Ellsworth, in which the two latter
+affirmed that, by reason of differences of opinion between the East and
+the South, as to the scope and functions of government, the Union could
+not last long. Therefore they considered it best to have a dissolution
+at once, by mutual consent, rather than by a less desirable mode.
+Taylor, on the other hand, thought that the Union should be supported if
+possible, but if not possible he agreed that an amicable separation was
+preferable. Madison wrote at the bottom of this paper the words: "The
+language of K and E probably _in terrorem_," and laid it away so
+carefully that it never saw the light until the year 1905.
+
+[2] _Letters of Daniel Webster_, edited by C. W. Van Tyne, p. 67. Mr.
+Van Tyne says that Webster "here advocated a doctrine hardly
+distinguishable from nullification."
+
+[3] Referring to this speech of Calhoun and to Webster's reply, Mr.
+Lodge says:
+
+"Whatever the people of the United States understood the Constitution to
+mean in 1789, there can be no question that a majority in 1833 regarded
+it as a fundamental law and not a compact,--an opinion which has now
+become universal. But it was quite another thing to argue that what the
+Constitution had come to mean was what it meant when it was adopted."
+
+See also Pendleton's _Life of Alexander H. Stephens_, chap. XI.
+
+[4] G. H. Moore's _History of Slavery in Massachusetts_, p. 215.
+
+[5] Jefferson was cut to the heart by this failure. Commenting on an
+article entitled "Etats Unis" in the _Encylopedie_, written by M. de
+Meusnier, referring to his proposed anti-slavery ordinance, he said:
+
+"The voice of a single individual of the State which was divided, or one
+of those which were of the negative, would have prevented this
+abominable crime from spreading itself over the new country. Thus we see
+the fate of millions unborn hanging on the tongue of one man, and Heaven
+was silent in that awful moment."
+
+[6] _General W. T. Sherman as College President_, p. 88.
+
+
+
+
+THE LIFE OF LYMAN TRUMBULL
+
+
+
+
+CHAPTER I
+
+ANCESTRY AND EARLY LIFE
+
+
+The subject of this memoir was born in Colchester, Connecticut, October
+12, 1813. The Trumbull family was the most illustrious in the state,
+embracing three governors and other distinguished men. All were
+descendants of John Trumbull (or rather "Trumble"[7]), a cooper by
+trade, and his wife, Ellenor Chandler, of Newcastle, England, who
+migrated to Massachusetts in 1639, and settled first in Roxbury and
+removed to Rowley in the following year. Two sons were born to them in
+Newcastle-on-Tyne: Beriah, 1637 (died in infancy), and John, 1639.
+
+The latter at the age of thirty-one removed to Suffield, Connecticut. He
+married and had four sons: John, Joseph, Ammi, and Benoni.
+
+Captain Benoni Trumbull, married to Sarah Drake and settled in Lebanon,
+Connecticut, had a son, Benjamin, born May 11, 1712.
+
+This Benjamin, married to Mary Brown of Hebron, Connecticut, had a son,
+Benjamin, born December 19, 1735.
+
+This son was graduated at Yale College in 1759, and studied for the
+ministry; he was ordained in 1760 at North Haven, Connecticut, where he
+officiated nearly sixty years, his preaching being interrupted only by
+the Revolutionary War, in which he served both as soldier and as
+chaplain. He was the author of the standard colonial history of
+Connecticut. He was married to Miss Martha Phelps in 1760. They had two
+sons and five daughters.
+
+The elder son, Benjamin, born in North Haven, September 24, 1769, became
+a lawyer and married Elizabeth Mather, of Saybrook, Connecticut, March
+15, 1800, and settled in Colchester, Connecticut. The wife was a
+descendant of Rev. Richard Mather, who migrated from Liverpool, England,
+to Massachusetts in 1635, and was the father of Increase Mather and
+grandfather of Cotton Mather, both celebrated in the church history of
+New England. Eleven children were born to these parents, of whom Lyman
+was the seventh. This Benjamin Trumbull was a graduate of Yale College,
+representative in the legislature, judge for the probate districts of
+East Haddam and Colchester, and died in Henrietta, Jackson County,
+Michigan, June 14, 1850, aged eighty-one. His wife died October 20,
+1828, in her forty-seventh year. Lyman Trumbull was thus in the seventh
+generation of the Trumbulls in America.[8]
+
+Five brothers and two sisters of Lyman reached maturity. A family of
+this size could not be supported by the fees earned by a country lawyer
+in the early part of the nineteenth century. The only other resource
+available was agriculture. Thus the Trumbull children began life on a
+farm and drew their nourishment from the soil cultivated by their own
+labor. It is recorded that, although the father and the grandfather of
+Lyman were graduates of Yale College, chill penury prevented him from
+having similar advantages of education. His schooling was obtained at
+Bacon Academy, in Colchester, which was of high grade, and second only
+to Yale among the educational institutions of the state. Here the boy
+Lyman took the lessons in mathematics that were customary in the
+academies of that period, and became conversant with Virgil and Cicero
+in Latin and with Xenophon, Homer, and the New Testament in Greek.
+
+[Illustration: BIRTHPLACE OF LYMAN TRUMBULL, COLCHESTER, CONN.]
+
+The opportunities to put an end to one's existence are so common to
+American youth that it is cause for wonder that so many of them reach
+mature years. Young Trumbull was not lacking in such facilities. The
+following incident is well authenticated, being narrated in part in his
+own handwriting:
+
+     When about thirteen years old he was playing ball one cold day
+     in the family yard. The well had a low curbing around it and
+     was covered by a round flat stone with a round hole in the top
+     of it. He ran towards the well for the ball, which he picked up
+     and threw quickly. As he did so his foot slipped on the ice and
+     he went head first down the well. His recollection of the
+     immediate details is vague, but he did not break his neck or
+     stun himself on the rocky sides, but appears to have gone down
+     like a diver, and somehow managed to turn in the narrow space
+     and come up head first. The well had an old-fashioned sweep
+     with a bucket on it, which his brothers promptly lowered and he
+     was hoisted out, drenched and cold, but apparently not
+     otherwise injured.
+
+He attended school and worked on the farm until he was eighteen years of
+age when he earned some money by teaching the district school one year
+at Portland, Connecticut. At the age of nineteen he taught school one
+winter in New Jersey, returning to Colchester the following summer. He
+had established a character for rectitude, industry, modesty, sobriety,
+and good manners, so that when, in his twentieth year (1833), he decided
+to go to the state of Georgia to seek employment as a school-teacher,
+nearly all the people in the village assembled to wish him godspeed on
+that long journey, which was made by schooner, sailing from the
+Connecticut River to Charleston, South Carolina. The voyage was
+tempestuous but safe, and he arrived at Charleston with one hundred
+dollars in his pocket which his father had given him as a start in life.
+This money he speedily returned out of his earnings because he thought
+his father needed it more than himself.
+
+A memorandum made by himself records that "on the evening of the day
+when he arrived at Charleston a nullification meeting was held in a
+large warehouse. The building was crowded, so he climbed up on a beam
+overhead and from that elevated position overlooked a Southern audience
+and heard two of the most noted orators in the South, Governor Hayne,
+and John C. Calhoun, then a United States Senator. He remembers little
+of the impression they made upon a youth of twenty, except that he
+thought Hayne an eloquent speaker."
+
+From Charleston he went by railroad (the first one he had ever seen and
+one of the earliest put in operation in the United States) to a point on
+the Savannah River opposite Augusta, Georgia, and thence by stage to
+Milledgeville, which was then the capital of Georgia. From Milledgeville
+he walked seventy-five miles to Pike County, where he had some hope of
+finding employment. Being disappointed there he continued his journey
+on foot to Greenville, Meriwether County, where he had more success even
+than he had expected, for he obtained a position as principal of the
+Greenville Academy at a salary of two hundred dollars per year in
+addition to the fees paid by the pupils. This position he occupied for
+three years.
+
+While at Greenville he employed his leisure hours reading law in the
+office of Hiram Warner, judge of the superior court of Georgia,
+afterwards judge of the supreme court of the state and member of
+Congress. In this way he acquired the rudiments of the profession. As
+soon as he had gained sufficient capital to make a start in life
+elsewhere, he bought a horse, and, in March, 1837, took the trail
+through the "Cherokee Tract" toward the Northwest. This trail was a
+pathway formed by driving cattle and swine through the forest from
+Kentucky and Tennessee to Georgia. Dr. Parks, of Greenville, accompanied
+Trumbull during a portion of the journey. They traveled unarmed but
+safely, although Trumbull carried a thousand dollars on his person, the
+surplus earnings of his three years in Georgia. For a young man of
+twenty-four years without a family this was affluence in those days.
+
+Through Kentucky, Trumbull continued his journey without any companion
+and made his entrance into Illinois at Shawneetown, on the Ohio River,
+where he presented letters of introduction from his friends in Georgia
+and was cordially welcomed. After a brief stay at that place he
+continued his journey to Belleville, St. Clair County, bearing letters
+of introduction from his Shawneetown friends to Adam W. Snyder and
+Alfred Cowles, prominent members of the bar at Belleville. Both received
+him with kindness and encouraged him to make his home there. This he
+decided to do, but he first made a visit to his parental home in
+Colchester, going on horseback by way of Jackson, Michigan, near which
+town three of his older brothers, David, Erastus, and John, had settled
+as farmers.
+
+Returning to Belleville in August, 1837, he entered the law office of
+Hon. John Reynolds, ex-governor of the state, who was then a
+Representative in Congress and was familiarly known as the "Old Ranger."
+Reynolds held, at one time and another, almost every office that the
+people of Illinois could bestow, but his fame rests on historical
+writings composed after he had withdrawn from public life.[9]
+
+For how long a time Trumbull's connection with Governor Reynolds
+continued, our records do not say, but we know that he had an office of
+his own in Belleville three years later, and that his younger brother
+George had joined him as a student and subsequently became his partner.
+
+The practice of the legal profession in those days was accomplished by
+"riding on the circuit," usually on horseback, from one county seat to
+another, following the circuit judge, and trying such cases as could be
+picked up by practitioners en route, or might be assigned to them by the
+judge. Court week always brought together a crowd of litigants and
+spectators, who came in from the surrounding country with their teams
+and provisions, and often with their wives and children, and who lived
+in their own covered wagons. The trial of causes was the principal
+excitement of the year, and the opposing lawyers were "sized up" by
+juries and audience with a pretty close approach to accuracy. After
+adjournment for the day, the lawyers, judges, plaintiffs, defendants,
+and leading citizens mingled together in the country tavern, talked
+politics, made speeches or listened to them, cracked jokes and told
+stories till bedtime, and took up the unfinished lawsuit, or a new one,
+the next day. In short, court week was circus, theatre, concert, and
+lyceum to the farming population, but still more was it a school of
+politics, where they formed opinions on public affairs and on the mental
+calibre of the principal actors therein.
+
+Two letters written by Trumbull in 1837 to his father in Colchester have
+escaped the ravages of time. Neither envelopes nor stamps existed then.
+Each letter consisted of four pages folded in such a manner that the
+central part of the fourth page, which was left blank, received the
+address on one side and a wafer or a daub of sealing wax on the other.
+The rate of postage was twenty-five cents per letter, and the writers
+generally sought to get their money's worth by taking a large sheet of
+paper and filling all the available space. Prepayment of postage was
+optional, but the privilege of paying in advance was seldom availed of,
+the writers not incurring the risk of losing both letters and money.
+Irregularity in the mails is noted by Trumbull, who mentions that a
+letter from Colchester was fifteen days en route, while a newspaper made
+the same distance in ten.
+
+In a letter dated October 9, 1837, he tells his father that he is
+already engaged in a law case involving the ownership of a house. If he
+finds that he can earn his living in the practice of law, he shall like
+Belleville very much. In the same missive he tells his sister Julia that
+balls and cotillions are frequent in Belleville, and that he had
+attended one, but did not dance. It was the first time he had attended a
+social gathering since he left home in 1833. He adds, "There are more
+girls here than I was aware of. At the private party I attended, there
+were about fifteen, all residing in town." The writer was then at the
+susceptible age of twenty-four.
+
+The other letter gives an account of the Alton riot and the killing of
+Rev. Elijah P. Lovejoy. This is one of the few contemporary accounts we
+have of that shocking event. Although he was not an eye-witness of the
+riot, the facts as stated are substantially correct, and the comments
+give us a view of the opinions of the writer at the age of twenty-four,
+touching a subject in which he was destined to play an important part.
+The letter is subjoined:
+
+     BELLEVILLE, SUNDAY, Nov. 12, 1837.
+
+     DEAR FATHER: Since my last to you there has been a mob to put
+     down Abolitionism, in Alton, thirty-five miles northwest of
+     this place, in which two persons were killed and six or seven
+     badly wounded. The immediate cause of the riot was the attempt
+     by a Mr. Lovejoy to establish at Alton a religious newspaper in
+     which the principles of slavery were sometimes discussed. Mr.
+     Lovejoy was a Presbyterian minister and formerly edited a
+     newspaper in St. Louis, but having published articles in his
+     paper in relation to slavery which were offensive to the people
+     of St. Louis, a mob collected, broke open his office, destroyed
+     his press and type and scattered it through the streets.
+     Immediately after this transaction, which was about a year
+     since, Mr. Lovejoy left St. Louis, and removed to Alton, where
+     he attempted to re-establish his press, but he had not been
+     there long before a mob assembled there also, broke into his
+     office and destroyed his press. In a short time Mr. Lovejoy
+     ordered another press which, soon after its arrival in Alton,
+     was taken from the warehouse (where it was deposited), by a
+     mob, and in like manner destroyed. Again he ordered still
+     another press, which arrived in Alton on the night of the 7th
+     inst., and was safely deposited in a large stone warehouse four
+     or five storeys high.
+
+     Previous to the arrival of this press, the citizens of Alton
+     held several public meetings and requested Mr. L. to desist
+     from attempting to establish his press there, but he refused to
+     do so. Heretofore no resistance had ever been offered to the
+     mob, but on the night of the 8th inst., as it was supposed that
+     another attempt might possibly be made to destroy the press,
+     Mr. L. and some 18 or 20 of his friends armed themselves and
+     remained in the warehouse, where Mr. Gilman, one of the owners
+     of the house, addressed the mob from a window, and urged them
+     to desist, told them that there were several armed men in the
+     house and that they were determined to defend their property.
+     The mob demanded the press, which not being given them, they
+     commenced throwing stones at the house and attempted to get
+     into it. Those from within then fired and killed a man of the
+     name of Bishop. The mob then procured arms, but were unable to
+     get into the house. At last they determined on firing it, to
+     which end, as it was stone, they had to get on the roof, which
+     they did by means of a ladder. The firing during all this time,
+     said to be about an hour, was continued on both sides. Mr.
+     Lovejoy having made his appearance near one of the doors was
+     instantly shot down, receiving four balls at the same moment.
+     Those within agreed to surrender if their lives would be
+     protected, and soon threw open the doors and fled. Several
+     shots were afterward fired, but no one was seriously injured.
+     The fire was then extinguished and the press taken and
+     destroyed.
+
+     So ended this awful catastrophe which, as you may well suppose,
+     has created great excitement through this section of the
+     country. Mr. Lovejoy is said to have been a very worthy man,
+     and both friends and foes bear testimony to the excellence of
+     his private character. Here, the course of the mob is almost
+     universally reprobated, for whatever may have been the
+     sentiments of Mr. Lovejoy, they certainly did not justify the
+     mob taking his life. It is understood here that Mr. L. was
+     never in the habit of publishing articles of an insurrectionary
+     character, but he reasoned against slavery as being sinful, as
+     a moral and political evil.
+
+     His death and the manner in which he was slain will make
+     thousands of Abolitionists, and far more than his writings
+     would have made had he published his paper an hundred years.
+     This transaction is looked on here, as not only a disgrace to
+     Alton, but to the whole State. As much as I am opposed to the
+     immediate emancipation of the slaves and to the doctrine of
+     Abolitionism, yet I am more opposed to mob violence and
+     outrage, and had I been in Alton, I would have cheerfully
+     marched to the rescue of Mr. Lovejoy and his property.
+
+    Yours very affectionately,
+
+    LYMAN TRUMBULL.
+
+After three years of riding on the circuit, Trumbull was elected, in
+1840, a member of the lower house of the state legislature from St.
+Clair County. In politics he was a Democrat as was his father before
+him. This was the twelfth general assembly of the state. Among his
+fellow members were Abraham Lincoln, E. D. Baker, William A. Richardson,
+John J. Hardin, John. A. McClernand, William H. Bissell, Thomas
+Drummond, and Joseph Gillespie, all of whom were destined to higher
+positions.
+
+Trumbull was now twenty-seven years of age. He soon attracted notice as
+a debater. His style of speaking was devoid of ornament, but logical,
+clear-cut, and dignified, and it bore the stamp of sincerity. He had a
+well-furnished mind, and was never at loss for words. Nor was he ever
+intimidated by the number or the prestige of his opponents. He possessed
+calm intellectual courage, and he never declined a challenge to debate;
+but his manner toward his opponents was always that of a high-bred
+gentleman.
+
+On the 27th of February, 1841, Stephen A. Douglas, who was Trumbull's
+senior by six months, resigned the office of secretary of state of
+Illinois to take a seat on the supreme bench, and Trumbull was
+appointed to the vacancy. There had been a great commotion in state
+politics over this office before Trumbull was appointed to it. Under the
+constitution of the state, the governor had the right to appoint the
+secretary, but nothing was said in that instrument about the power of
+removal. Alexander P. Field had been appointed secretary by Governor
+Edwards in 1828, and had remained in office under Governors Reynolds and
+Duncan. Originally a strong Jackson man, he was now a Whig. When
+Governor Carlin (Democrat) was elected in 1838 he decided to make a new
+appointment, but Field refused to resign and denied the governor's right
+to remove him. The State Senate sided with Field by refusing to confirm
+the new appointee, John A. McClernand. After the adjournment of the
+legislature, the governor reappointed McClernand, who sued out a writ of
+_quo warranto_ to oust Field. The supreme court, consisting of four
+members, three of whom were Whigs, decided in favor of Field. The
+Democrats then determined to reform the judiciary. They passed a bill in
+the legislature adding five new judges to the supreme bench. "It was,"
+says historian Ford, "confessedly a violent and somewhat revolutionary
+measure and could never have succeeded except in times of great party
+excitement." In the mean time Field had retired and the governor had
+appointed Douglas secretary of state, and Douglas was himself appointed
+one of the five new members of the supreme court. Accordingly he
+resigned, after holding the office only two months, and Trumbull was
+appointed to the vacancy without his own solicitation or desire.
+
+Two letters written by Trumbull in 1842 acquaint us with the fact that
+his brother Benjamin had removed with his family from Colchester to
+Springfield and was performing routine duties in the office of the
+secretary of state, while Trumbull occupied his own time for the most
+part in the practice of law before the supreme court. He adds: "I make
+use of one of the committee rooms in the State House as a sleeping-room,
+so you see I almost live in the State House, and am the only person who
+sleeps in it. The court meets here and all the business I do is within
+the building." Not quite all, for in another letter (November 27, 1842)
+he confides to his sister Julia that a certain young lady in Springfield
+was as charming as ever, but that he had not offered her his hand in
+marriage, and that even if he should do so, it was not certain that she
+would accept it.
+
+Trumbull had held the office of secretary of state two years when his
+resignation was requested by Governor Carlin's successor in office,
+Thomas Ford, author of a _History of Illinois from 1814 to 1847_. In his
+book Ford tells his reasons for asking Trumbull's resignation. They had
+formed different opinions respecting an important question of public
+policy, and Trumbull, although holding a subordinate office, had made a
+public speech in opposition to the governor's views.[10] Of course he
+did this on his own responsibility as a citizen and a member of the same
+party as the governor. He acknowledged the governor's right to remove
+him, and he made no complaint against the exercise of it.
+
+The question of public policy at issue between Ford and Trumbull related
+to the State Bank, which had failed in February, 1842, and whose
+circulating notes, amounting to nearly $3,000,000, had fallen to a
+discount of fifty cents on the dollar. Acts legalizing the bank's
+suspension had been passed from time to time and things had gone from
+bad to worse. At this juncture a new bill legalizing the suspension for
+six months longer was prepared by the governor and at his instance was
+reported favorably by the finance committee of the House. Trumbull
+opposed this measure, and made a public speech against it. He maintained
+that it was disgraceful and futile to prolong the life of this bankrupt
+concern. He demanded that the bank be put in liquidation without further
+delay.
+
+When Trumbull's resignation as secretary became known, the Democratic
+party at the state capital was rent in twain. Thirty-two of its most
+prominent members, including Virgil Hickox, Samuel H. Treat, Ebenezer
+Peck, Mason Brayman, and Robert Allen, took this occasion to tender him
+a public dinner in a letter expressing their deep regret at his removal
+and their desire to show the respect in which they held him for his
+conduct of the office, and for his social and gentlemanly qualities. A
+copy of this invitation was sent to the _State Register_, the party
+organ, for publication. The publishers refused to insert it, on the
+ground that it "would lead to a controversy out of which no good could
+possibly arise, and probably much evil to _the cause_." Thereupon the
+signers of the invitation started a new paper under the watchword "Fiat
+Justitia, Ruat Coelum," entitled the _Independent Democrat_, of which
+Number 1, Volume 1, was a broadside containing the correspondence
+between Trumbull and the intending diners, together with sarcastic
+reflections on the time-serving publishers of the _State Register_.
+Trumbull's reply to the invitation, however, expressed his sincere
+regret that he had made arrangements, which could not be changed, to
+depart from Springfield before the time fixed for the dinner. He
+returned to Belleville and resumed the practice of his profession.
+
+Charles Dickens was then making his first visit to the United States,
+and he happened to pass through Belleville while making an excursion
+from St. Louis to Looking Glass Prairie. His party had arranged
+beforehand for a noonday meal at Belleville, of which place, as it
+presented itself to the eye of a stranger in 1842, he gives the
+following glimpse:
+
+     Belleville was a small collection of wooden houses huddled
+     together in the very heart of the bush and swamp. Many of them
+     had singularly bright doors of red and yellow, for the place
+     had lately been visited by a traveling painter "who got along,"
+     as I was told, "by eating his way." The criminal court was
+     sitting and was at that moment trying some criminals for
+     horse-stealing, with whom it would most likely go hard; for
+     live stock of all kinds, being necessarily much exposed in the
+     woods, is held by the community in rather higher value than
+     human life; and for this reason juries generally make a point
+     of finding all men indicted for cattle-stealing, guilty,
+     whether or no. The horses belonging to the bar, the judge and
+     witnesses, were tied to temporary racks set roughly in the
+     road, by which is to be understood a forest path nearly
+     knee-deep in mud and slime.
+
+     There was an hotel in this place which, like all hotels in
+     America, had its large dining-room for a public table. It was
+     an odd, shambling, low-roofed outhouse, half cow-shed and half
+     kitchen, with a coarse brown canvas tablecloth, and tin
+     sconces stuck against the walls, to hold candles at
+     supper-time. The horseman had gone forward to have coffee and
+     some eatables prepared and they were by this time nearly ready.
+     He had ordered "wheat bread and chicken fixings" in preference
+     to "corn bread and common doings." The latter kind of refection
+     includes only pork and bacon. The former comprehends broiled
+     ham, sausages, veal cutlets, steaks, and such other viands of
+     that nature as may be supposed by a tolerably wide poetical
+     construction "to fix" a chicken comfortably in the digestive
+     organs of any lady or gentleman.[11]
+
+A few months later, Trumbull made another journey to Springfield to be
+joined in marriage to Miss Julia M. Jayne, a daughter of Dr. Gershom
+Jayne, a physician of that city--a young lady who had received her
+education at Monticello Seminary, with whom he passed twenty-five years
+of unalloyed happiness. The marriage took place on the 21st of June,
+1843, and Norman B. Judd served as groomsman. Miss Jayne had served in
+the capacity of bridesmaid to Mary Todd at her marriage to Abraham
+Lincoln on the 4th of November preceding. There was a wedding journey to
+Trumbull's old home in Connecticut, by steamboat from St. Louis to
+Wheeling, Virginia, by stage over the mountains to Cumberland, Maryland,
+and thence by rail via Baltimore, Philadelphia, and New York. After
+visiting his own family, a journey was made to Mrs. Trumbull's relatives
+at Stockbridge, Massachusetts, including her great-grandfather, a marvel
+of industry and longevity, ninety-two years of age, a cooper by trade,
+who was still making barrels with his own hands. This fact is mentioned
+in a letter from Trumbull to his father, dated Barry, Michigan, August
+20, 1843, at which place he had stopped on his homeward journey to visit
+his brothers. One page of this letter is given up to glowing accounts
+of the infant children of these brothers. And here it is fitting to say
+that all these faded and time-stained epistles to his father and his
+brothers and sisters, from first to last, are marked by tender
+consideration and unvarying love and generosity. Not a shadow passed
+between them.
+
+The return journey from Michigan to Belleville was made by stage-coach.
+October 12, 1843, Mrs. Trumbull writes to her husband's sisters in
+Colchester that she has arrived in her new home. "We are boarding in a
+private family," she says, "have two rooms which Mrs. Blackwell, the
+landlady, has furnished neatly, and for my part, I am anticipating a
+very delightful winter. Lyman is now at court, which keeps him very much
+engaged, and I am left to enjoy myself as best I may until G. comes
+around this afternoon to play chess with me."
+
+May 4, 1844, the first child was born to Lyman and Julia Trumbull, a
+son, who took the name of his father, but died in infancy. July 2, 1844,
+Trumbull writes to his father that the most disastrous flood ever known,
+since the settlement of the country by the whites, has devastated the
+bottom lands of the Mississippi, Missouri, and Illinois Rivers. He also
+gives an account of the killing of Joseph Smith, the Mormon prophet, who
+was murdered by a mob in the jail at Carthage, Hancock County, after he
+had surrendered himself to the civil authorities on promise of a fair
+trial and protection against violence; and says that he has rented a
+house which he shall occupy soon, and invites his sister Julia to come
+to Belleville and make her home in his family.
+
+In 1845, Benjamin Trumbull, Sr., sold his place in Colchester and
+removed with his two daughters to Henrietta, Michigan, where three of
+his sons were already settled as farmers. It appears from letters that
+passed between the families that none of the brothers in Michigan kept
+horses, the farm work being done by oxen exclusively. The nearest church
+was in the town of Jackson, but the sisters were not able to attend the
+services for want of a conveyance. They were prevented by the same
+difficulty from forming acquaintances in their new habitat. In a letter
+to his father, dated October 26, Trumbull delicately alludes to the
+defect in the housekeeping arrangements in Michigan, and says that
+anything needed to make his father and sisters comfortable and
+contented, that he can supply, will never be withheld. His brother
+George writes a few days later offering a contribution of fifty dollars
+to buy a horse, saying that good ones can be bought in Illinois at that
+price. George adds: "Our papers say considerable about running Lyman for
+governor. No time is fixed for the convention yet, and I don't think he
+has made up his mind whether to be a candidate or not."
+
+The greatest drawback of the Trumbull family at this time, and, indeed,
+of all the inhabitants roundabout, was sickness. Almost every letter
+opened tells either of a recovery from a fever, or of sufferings during
+a recent one, or apprehensions of a new one and from these harassing
+visitations no one was exempt. In a letter of October 26 we read:
+
+     We have all been sick this fall and this whole region of
+     country has been more sickly than ever before known. George and
+     myself both had attacks of bilious fever early in September
+     which lasted about ten days. Since then Julia has had two
+     attacks, the last of which was quite severe and confined her to
+     the room nearly two weeks. I also have had a severe attack
+     about three weeks since, but it was slight. When I was sick we
+     sent over to St. Louis for Dr. Tiffany, and by some means the
+     news of our sending there, accompanied by a report that I was
+     much worse than was really the case, reached Springfield, and
+     Dr. and Mrs. Jayne came down post haste in about a day and a
+     half. When they got here, I was downstairs. They only staid
+     overnight and started back the next morning. They had heard
+     that I was not expected to live.
+
+In February, 1846, when Trumbull was in his thirty-third year, his
+friends presented his name to the Democratic State Convention for the
+office of governor of the state. A letter to his father gives the
+details of the balloting in the convention. Six candidates were voted
+for. On the first ballot he received 56 votes; the next highest
+candidate, Augustus C. French, had 47; and the third, John Calhoun, had
+44. The historian, John Moses, says that "the choice, in accordance with
+a line of precedents which seemed almost to indicate a settled policy,
+fell upon him who had achieved least prominence as a party leader, and
+whose record had been least conspicuous--Augustus C. French."
+
+A letter from Trumbull to his father says that his defeat was due to the
+influence of Governor Ford, whose first choice was Calhoun, but who
+turned his following over to French in order to defeat Trumbull. French
+was elected, and made a respectable governor. Calhoun subsequently went,
+in an official capacity, to Kansas, where he became noted as the chief
+ballot-box stuffer of the pro-slavery party in the exciting events of
+1856-58.
+
+A letter from Mrs. Trumbull to her father-in-law, May 4, 1846, mentions
+the birth of a second son (Walter), then two and a half months old. It
+informs him also that her husband has been nominated for Congress by the
+Democrats of the First District, the vote in the convention being, Lyman
+Trumbull, 24; John Dougherty, 5; Robert Smith, 8. The political issues
+in this campaign are obscure, but the result of the election was again
+adverse. The supporters of Robert Smith nominated him as a bolting
+candidate; the Whigs made no nomination, but supported Smith, who was
+elected.
+
+A letter written by Mrs. Trumbull at Springfield, December 16, 1846,
+mentions the first election of Stephen A. Douglas as United States
+Senator. "A party is to be given in his name," she says, "at the State
+House on Friday evening under the direction of Messrs. Webster and
+Hickox. The tickets come in beautiful envelopes, and I understand that
+Douglas has authorized the gentlemen to expend $50 in music, and
+directed the most splendid entertainment that was ever prepared in
+Springfield."
+
+A letter to Benjamin Trumbull, Sr., from his son of the same name, who
+was cultivating a small farm near Springfield, gives another glimpse of
+the family health record, saying that "both Lyman and George have had
+chills and fever two or three days this spring"; also, that "Lyman's
+child was feeble in consequence of the same malady; and that he
+[Benjamin] has been sick so much of the time that he could not do his
+Spring planting without hired help, for which Lyman had generously
+contributed $20, and offered more."
+
+May 13, 1847, Trumbull writes to his father that he intends to go with
+his family and make the latter a visit for the purpose of seeing the
+members of the family in Michigan; also in the hope of escaping the
+periodical sickness which has afflicted himself and wife and little boy,
+and almost every one in Belleville, during several seasons past. As this
+periodical sickness was chills and fever, we may assume that it was due
+to the prevalence of mosquitoes, of the variety _anopheles_. Half a
+century was still to pass ere medical science made this discovery, and
+delivered civilized society from the scourge called "malaria."
+
+The journey to Michigan was made. An account (dated Springfield, August
+1, 1847) of the return journey is interesting by way of contrast with
+the facilities for traveling existing at the present time.
+
+     We left Cassopolis Monday about ten o'clock and came the first
+     48 miles, which brought us to within five miles of La Porte.
+     The second night we passed at Battstown 45 miles on the road
+     from La Porte towards Joliet. The third night we passed at
+     Joliet, distance 40 miles. The fourth night we passed at
+     Pontiac, having traveled 60 miles to get to a stopping place,
+     and finding but a poor one at that. The fifth night we were at
+     Bloomington, distance 40 miles. The sixth day we traveled 43
+     miles and to within 18 miles of this place; the route we came
+     from Cassopolis to Springfield is 294 miles, and from Brother
+     David's about 386 miles. Our expenses for tavern bills from
+     David's to this place were $17.75. Pretty cheap, I think.
+
+Among other items of interest it may be noted that the rate of postage
+had been reduced to ten cents per letter, but stamps had not yet come
+into use. The earnings of the Trumbull law firm (Lyman and George) for
+the year 1847 were $2300.
+
+In 1847, a new constitution was adopted by the state of Illinois which
+reduced the number of judges of the supreme court from nine to three.
+The state was divided into three grand divisions, or districts, each to
+select one member of the court. After the first election one of the
+judges was to serve three years, one six years, and one nine years, at a
+compensation of $1200 per year each. These terms were to be decided by
+lot, and thereafter the term of each judge should be nine years.
+Trumbull was elected judge for the first or southern division in 1848.
+His colleagues, chosen at the same time, were Samuel H. Treat and John
+D. Caton. He drew the three years' term.
+
+In the year 1849, Trumbull bought a brick house and three acres of
+ground, with an orchard of fruit-bearing trees, in the town of Alton,
+Madison County, and removed thither with his family. In announcing this
+fact to his father the only reason he assigns for his change of
+residence is that the inhabitants of Alton are mostly from the Eastern
+States. Its population at that time was about 3000; that of Upper Alton,
+three miles distant, was 1000. The cost of house and ground, with some
+additions and improvements, was $2500, all of which was paid in cash out
+of his savings. Incidentally he remarks that he has never borrowed
+money, never been in debt, never signed a promissory note, and that he
+hopes to pass through life without incurring pecuniary liabilities.[12]
+
+From the tone of the letter in which his change of residence is
+announced, the inference is drawn that Trumbull had abandoned his law
+practice at Belleville with the expectation of remaining on the bench
+for an indefinite period. He accepted a reelection as judge in 1852 for
+a term of nine years, yet he resigned a year and a half later because
+the salary was insufficient to support his family. Walter B. Scates was
+chosen as his successor on the supreme bench. Nearly forty-five years
+later, Chief Justice Magruder, of the Illinois supreme court, answering
+John M. Palmer's address presenting the memorial of the Chicago Bar
+Association on the life and services of Trumbull, recently deceased,
+said that no lawyer could read the opinions handed down by the dead
+statesman when on the bench, "without being satisfied that the writer
+of them was an able, industrious, and fair-minded judge. All his
+judicial utterances ... are characterized by clearness of expression,
+accuracy of statement, and strength of reasoning. They breathe a spirit
+of reverence for the standard authorities and abound in copious
+reference to those authorities.... The decisions of the court, when he
+spoke as its organ, are to-day regarded as among the most reliable of
+its established precedents."
+
+FOOTNOTES:
+
+[7] Stuart's _Life of Jonathan Trumbull_ says that the family name was
+spelled "Trumble" until 1766, when the second syllable was changed to
+"bull."
+
+[8] Joseph, the second son of the John above mentioned, who had settled
+in Suffield, Connecticut, in 1670, removed to Lebanon. He was the father
+of Jonathan Trumbull (1710-1785), who was governor of Connecticut during
+the Revolutionary War, and who was the original "Brother Jonathan," to
+whom General Washington gave that endearing title, which afterwards came
+to personify the United States as "John Bull" personifies England.
+(Stuart's _Jonathan Trumbull_, p. 697.) His son Jonathan (1740-1809) was
+a Representative in Congress, Speaker of the House, Senator of the
+United States, and Governor of Connecticut. John Trumbull (1756-1843),
+another son of "Brother Jonathan," was a distinguished painter of
+historical scenes and of portraits.
+
+[9] Reynolds wrote a _Pioneer History of Illinois from 1637 to 1818_,
+and also a larger volume entitled _My Own Times_. The latter is the more
+important of the two. Although crabbed in style, it is an admirable
+compendium of the social, political, and personal affairs of Illinois
+from 1800 to 1850. Taking events at random, in short chapters, without
+connection, circumlocution, or ornament, he says the first thing that
+comes into his mind in the fewest possible words, makes mistakes of
+syntax, but never goes back to correct anything, puts down small things
+and great, tells about murders and lynchings, about footraces in which
+he took part, and a hundred other things that are usually omitted in
+histories, but which throw light on man in the social state, all
+interspersed with sound and shrewd judgments on public men and events.
+
+[10] The following correspondence passed between them:
+
+    SPRINGFIELD, March 4, 1843.
+
+    LYMAN TRUMBULL, ESQ.,
+
+    DEAR SIR: It is my desire, in pursuance of the expressed wish of
+    the Democracy, to make a nomination of Secretary of State, and I
+    hope you will enable me to do so without embarrassing myself. I
+    am most respectfully,
+
+    Your obedient servant,
+
+    THOMAS FORD.
+
+    SPRINGFIELD, March 4, 1843.
+
+    TO HIS EXCELLENCY, THOMAS FORD:
+
+    SIR,--In reply to your note of this date this moment handed me,
+    I have only to state that I recognize fully your right, at any
+    time, to make a nomination of Secretary of State.
+
+    Yours respectfully,
+
+    LYMAN TRUMBULL.
+
+[11] _American Notes_, chap. XIII. The reason why horses were more
+precious than human life was that when the frontier farmer lost his
+work-team, he faced starvation. Both murder and horse-stealing were then
+capital offenses, the latter by the court of Judge Lynch.
+
+[12] Mr. Morris St. P. Thomas, a close friend of Trumbull in his latter
+years, a member of his law office, and administrator of his estate, made
+the following statement in an interview given at 107 Dearborn Street,
+Chicago, June 13, 1910: "Judge Trumbull once told me that he had never
+in his life given a promissory note. 'But you do not mean,' said I,
+'that in every purchase of real estate you ever made you paid cash
+down!' 'I do mean just that,' the Judge replied. 'I never in my life
+gave a promissory note.'"
+
+
+
+
+CHAPTER II
+
+SLAVERY IN ILLINOIS
+
+
+When the territory comprising the state of Illinois passed under control
+of the United States, negro slavery existed in the French villages
+situated on the so-called American Bottom, a strip of fertile land
+extending along the east bank of the Mississippi River from Cahokia on
+the north to Kaskaskia on the south, embracing the present counties of
+St. Clair, Monroe, and Randolph. The first European settlements had been
+made here about 1718, by colonists coming up the great river from
+Louisiana, under the auspices of John Law's Company of the Indies.
+
+The earlier occupation of the country by French explorers and Jesuit
+priests from Canada had been in the nature of fur-trading and religious
+propagandism, rather than permanent colonies, although marriages had
+been solemnized in due form between French men and Indian women, and a
+considerable number of half-breed children had been born. Five hundred
+negro slaves from Santo Domingo were sent up the river in 1718, to work
+any gold and silver mines that might be found in the Illinois country.
+In fact, slavery of red men existed there to some extent, before the
+Africans arrived, the slaves being captives taken in war.
+
+In 1784-85, Thomas Jefferson induced Rev. James Lemen, of Harper's
+Ferry, Virginia, to migrate to Illinois in order to organize opposition
+to slavery in the Northwest Territory and supplied him with money for
+that purpose. Mr. Lemen came to Illinois in 1786 and settled in what is
+now Monroe County. He was the founder of the first eight Baptist
+churches in Illinois, all of which were pledged to oppose the doctrine
+and practice of slavery. Governor William H. Harrison having forwarded
+petitions to Congress to allow slavery in the Northwest Territory,
+Jefferson wrote to Lemen to go, or send an agent, to Indiana, to get
+petitions signed in opposition to Harrison. Lemen did so. A letter of
+Lemen, dated Harper's Ferry, December 11, 1782, says that Jefferson then
+had the purpose to dedicate the Northwest Territory to freedom.[13]
+
+In 1787, Congress passed an ordinance for the government of the
+territory northwest of the river Ohio which had been ceded to the United
+States by Virginia. The sixth article of this ordinance prohibited
+slavery in said territory. Inasmuch as the rights of persons and
+property had been guaranteed by treaties when this region had passed
+from France to Great Britain and later to the United States, this
+article was generally construed as meaning that no more slaves should be
+introduced, and that all children born after the passage of the
+ordinance should be free, but that slaves held there prior to 1787
+should continue in bondage.
+
+Immigration was mainly from the Southern States. Some of the immigrants
+brought slaves with them, and the territorial legislature passed an act
+in 1812 authorizing the relation of master and slave under other names.
+It declared that it should be lawful for owners of negroes above fifteen
+years of age to take them before the clerk of the court of common pleas,
+and if a negro should agree to serve for a specified term of years, the
+clerk should record him or her as an "indentured servant." If the negro
+was under the age of fifteen, the owner might hold him without an
+agreement till the age of thirty-five if male, or thirty-two if female.
+Children born of negroes owing service by indenture should serve till
+the age of thirty if male, and till twenty-eight if female. This was a
+plain violation of the Ordinance of 1787 and was a glaring fraud in
+other respects. The negroes generally did not understand what they were
+agreeing to, and in cases where they did not agree the probable
+alternative was a sale to somebody in an adjoining slave state, so that
+they really had no choice. The state constitution, adopted in 1818,
+prohibited slavery, but recognized the indenture system by providing
+that male children born of indentured servants should be free at the age
+of twenty-one and females at the age of eighteen. The upshot of the
+matter was that there was just enough of the virus of slavery left to
+keep the caldron bubbling there for two generations after 1787, although
+the Congress of the Confederation supposed that they had then made an
+end of it.
+
+This arrangement did not satisfy either the incoming slave-owners or
+those already domiciled there. Persistent attempts were made while the
+country was still under territorial government, to procure from Congress
+a repeal of the sixth article of the Ordinance, but they were defeated
+chiefly by the opposition of John Randolph, of Roanoke, Virginia. After
+the state was admitted to the Union, the pro-slavery faction renewed
+their efforts. They insisted that Illinois had all the rights of the
+other states, and could lawfully introduce slavery by changing the
+constitution. They proposed, therefore, to call a new convention for
+this purpose. To do so would require a two-thirds vote of both branches
+of the legislature, and a majority vote of the people at the next
+regular election. A bill for this purpose was passed in the Senate by
+the requisite majority, but it lacked one vote in the House. To obtain
+this vote a member who had been elected and confirmed in his seat after
+a contest, and had occupied it for ten weeks, was unseated, and the
+contestant previously rejected was put in his place and gave the
+necessary vote. Reynolds, who was himself a convention man, says that
+"this outrage was a death-blow to the convention." He continues:
+
+     The convention question gave rise to two years of the most
+     furious and boisterous excitement that ever was visited on
+     Illinois. Men, women, and children entered the arena of party
+     warfare and strife, and families and neighborhoods were so
+     divided and furious and bitter against one another that it
+     seemed a regular civil war might be the result. Many personal
+     combats were indulged in on the question, and the whole country
+     seemed to be, at times, ready and willing to resort to physical
+     force to decide the contest. All the means known to man to
+     convey ideas to one another were resorted to and practiced with
+     energy. The press teemed with publications on the subject. The
+     stump orators were invoked, and the pulpit thundered with
+     anathemas against the introduction of slavery. The religious
+     community coupled freedom and Christianity together, which was
+     one of the most powerful levers used in the contest.
+
+At this time all the frontier communities were anxious to gain additions
+to their population. Immigration was eagerly sought. The arrivals were
+mostly from the Southern States, the main channels of communication
+being the converging rivers Ohio, Mississippi, Cumberland, and
+Tennessee. Many of these brought slaves, and since there was no security
+for such property in Illinois, they went onward to Missouri. One of the
+strongest arguments used by the convention party was, that if slavery
+were permitted, this tide of immigration would pour a stream of wealth
+into Illinois.
+
+Most of the political leaders and office-holders were convention men,
+but there were some notable exceptions, among whom were Edward Coles,
+governor of the state, and Daniel P. Cook, Representative in Congress,
+the former a native of Virginia, and the latter of Kentucky. Governor
+Coles was one of the Virginia abolitionists of early days, who had
+emancipated his own slaves and given them lands on which to earn their
+living. The governor gave the entire salary of his term of office
+($4000) for the expenses of the anti-convention contest, and his
+unceasing personal efforts as a speaker and organizer. Mr. Cook was a
+brilliant lawyer and orator, and the sole Representative of Illinois in
+Congress, where he was chairman of the Committee on Ways and Means, and
+where he cast the vote of Illinois for J. Q. Adams for President in
+1824. Cook County, which contains the city of Chicago, takes its name
+from him. He was indefatigable on the side of freedom in this campaign.
+Another powerful reinforcement was found in the person of Rev. John M.
+Peck, a Baptist preacher who went through the state like John the
+Baptist crying in the wilderness. He made impassioned speeches, formed
+anti-slavery societies, distributed tracts, raised money, held
+prayer-meetings, addressed Sunday Schools, and organized the religious
+sentiment of the state for freedom. He was ably seconded by Hooper
+Warren, editor of the Edwardsville _Spectator_. The election took place
+August 2, 1824, and the vote was 4972 for the convention, and 6640
+against it. In the counties of St. Clair and Randolph, which embraced
+the bulk of the French population, the vote was almost equally
+divided--765 for; 790 against.
+
+In 1850, both Henry Clay and Daniel Webster contended that Nature had
+interposed a law stronger than any law of Congress against the
+introduction of slavery into the territory north of Texas which we had
+lately acquired from Mexico. From the foregoing facts, however, it is
+clear that no law of Nature prevented Illinois from becoming a
+slaveholding state, but only the fiercest kind of political fighting and
+internal resistance. John Reynolds (and there was no better judge) said
+in 1854: "I never had any doubt that slavery would now exist in Illinois
+if it had not been prevented by the famous Ordinance" of 1787. The law
+of human greed would have overcome every other law, including that of
+Congress, but for the magnificent work of Edward Coles, Daniel P. Cook,
+John Mason Peck, Hooper Warren, and their coadjutors in 1824.
+
+The snake was scotched, not killed, by this election. There were no more
+attempts to legalize slavery by political agency, but persevering
+efforts were made to perpetuate it by judicial decisions resting upon
+old French law and the Territorial Indenture Act of 1812. Frequent law
+suits were brought by negroes, who claimed the right of freedom on the
+ground that their period of indenture had expired, or that they had
+never signed an indenture, or that they had been born free, or that
+their masters had brought them into Illinois after the state
+constitution, which prohibited slavery, had been adopted. In this
+litigation Trumbull was frequently engaged on the side of the colored
+people.
+
+In 1842, a colored woman named Sarah Borders, with three children, who
+was held under the indenture law by one Andrew Borders in Randolph
+County, escaped and made her way north as far as Peoria County. She and
+her children were there arrested and confined in a jail as fugitive
+slaves. They were brought before a justice of the peace, who decided
+that they were illegally detained and were entitled to their freedom. An
+appeal was taken by Borders to the county court, which reversed the
+action of the justice. The case eventually went to the supreme court,
+where Lyman Trumbull and Gustave Koerner appeared for the negro woman in
+December, 1843, and argued that slavery was unlawful in Illinois and had
+been so ever since the enactment of the Ordinance of 1787. The court
+decided against them.[14]
+
+Trumbull was not discouraged by the decision in this case. Shortly
+afterward he appeared before the supreme court again in the case of
+Jarrot _vs._ Jarrot, in which he won a victory which practically put an
+end to slavery in the state. Joseph Jarrot, a negro, sued his mistress,
+Julia Jarrot, for wages, alleging that he had been held in servitude
+contrary to law. The plaintiff's grandmother had been the slave of a
+Frenchman in the Illinois country before it passed under the
+jurisdiction of the United States. His mother and himself had passed by
+descent to Julia Jarrot, nobody objecting. Fifty-seven years had elapsed
+since the passage of the Ordinance of 1787 and twenty-six since the
+adoption of the state constitution, both of which had prohibited slavery
+in Illinois. The previous decisions in the court of last resort had
+generally sustained the claims of the owners of slaves held under the
+French regime and their descendants, and also those held under the
+so-called indenture system. Now, however, the court swept away the whole
+basis of slavery in the state, of whatever kind or description,
+declaring, as Trumbull had previously contended, that the Congress of
+the Confederation had full power to pass the Ordinance of 1787, that no
+person born since that date could be held as a slave in Illinois, and
+that any slave brought into the state by his master, or with the
+master's consent, since that date became at once free. It followed that
+such persons could sue and recover wages for labor performed under
+compulsion, as Joseph Jarrot did.
+
+This decision, which abolished slavery in Illinois _de facto_, was
+received with great satisfaction by the substantial and sober-minded
+citizens. Although the number of aggressive anti-slavery men in the
+state was small and of out-and-out abolitionists still smaller, there
+was a widespread belief that the lingering snaky presence of the
+institution was a menace to the public peace and a blot upon the fair
+fame of the state, and that it ought to be expunged once for all. The
+growth of public opinion was undoubtedly potent in the minds of the
+judges, but the untiring activity of the leading advocates in the cases
+of Borders, Jarrot, etc., should not be overlooked. On this subject Mr.
+Dwight Harris, in the book already cited, says:
+
+     The period of greatest struggle and of greatest triumph for the
+     anti-slavery advocates was that from 1840 to 1845. The contest
+     during these five years was serious and stubbornly carried on.
+     It involved talent, ingenuity, determination, and perseverance
+     on both sides. The abolitionists are to be accredited with
+     stirring up considerable interest over the state in some of the
+     cases. Southern sympathizers and the holders of indentured
+     servants in the southern portion of the state were naturally
+     considerably concerned in the decisions of the supreme court.
+     Still there seems to have been no widespread interest or
+     universal agitation in the state over this contest in the
+     courts. It was carried on chiefly through the benevolence of a
+     comparatively small number of citizens who were actuated by a
+     firm belief in the evils of slavery; while the brunt of the
+     fray fell to a few able and devoted lawyers.
+
+     Among these were G. T. M. Davis, of Alton, Nathaniel Niles, of
+     Belleville, Gustave Koerner, of Belleville, and Lyman Trumbull.
+     James H. Collins, a noted abolition lawyer of Chicago, should
+     also be highly praised for his work in the Lovejoy and Willard
+     cases, but to the other men the real victory is to be ascribed.
+     They were the most powerful friends of the negro, and lived
+     where their assistance could be readily secured. They told the
+     negroes repeatedly that they were free, urged them to leave
+     their masters, and fought their cases in the lower courts time
+     and time again, often without fees or remuneration. Chief among
+     them was Lyman Trumbull, whose name should be written large in
+     anti-slavery annals.
+
+     He was a lawyer of rare intellectual endowments, and of great
+     ability. He had few equals before the bar in his day. In
+     politics he was an old-time Democrat, with no leanings toward
+     abolitionism, but possessing an honest desire to see justice
+     done the negro in Illinois. It was a thankless task, in those
+     days of prejudice and bitter partisan feelings, to assume the
+     role of defender of the indentured slaves. It was not often
+     unattended with great risk to one's person, as well as to one's
+     reputation and business. But Trumbull did not hesitate to
+     undertake the task, thankless, discouraging, unremunerative as
+     it was, and to his zeal, courage, and perseverance, as well as
+     to his ability, is to be ascribed the ultimate success of the
+     appeal to the supreme court.
+
+     This disinterested and able effort, made in all sincerity of
+     purpose, and void of all appearance of self-elevation, rendered
+     him justly popular throughout the State, as well as in the
+     region of his home. The people of his district showed their
+     approval of his work and their confidence in his integrity by
+     electing him judge of the supreme court in 1848, and
+     Congressman from the Eighth District of Illinois by a handsome
+     majority in 1854, when it was well known that he was opposed to
+     the Kansas-Nebraska Bill.
+
+FOOTNOTES:
+
+[13] These facts are detailed in a paper contributed to the Illinois
+State Historical Society in 1908 by Joseph B. Lemen, of O'Fallon,
+Illinois.
+
+[14] _Negro Servitude in Illinois_, by N. Dwight Harris, p. 108.
+
+
+
+
+CHAPTER III
+
+FIRST ELECTION AS SENATOR
+
+
+The repeal of the Missouri Compromise was the cause of Trumbull's return
+to an active participation in politics. The prime mover in that
+disastrous adventure was Stephen A. Douglas, who had been Trumbull's
+predecessor in the office of secretary of state and also one of his
+predecessors on the supreme bench. He was now a Senator of the United
+States, and a man of world-wide celebrity. Born at Brandon, Vermont, in
+1813, he had lost his father before he was a year old. His mother
+removed with him to Canandaigua, New York, where he attended an academy
+and read law to some extent in the office of a local practitioner. At
+the age of twenty, he set out for the West to seek his fortune, and he
+found the beginnings of it at Winchester, Illinois, where he taught
+school for a living and continued to study law, as Trumbull was doing at
+the same time at Greenville, Georgia. He was admitted to the bar in
+1834. In 1835, he was elected state's attorney. Two years later he was
+elected a member of the legislature by the Democrats of Morgan County,
+and resigned the office he then held in order to take the new one. In
+1837, he was appointed by President Van Buren register of the land
+office at Springfield. In the same year he was nominated for Congress in
+the Springfield district before he had reached the legal age, but was
+defeated by the Whig candidate, John T. Stuart, by 35 votes in a total
+poll of 36,742.[15] In 1840, he was appointed secretary of state, and
+in 1841, elected a judge of the supreme court under the circumstances
+already mentioned. In 1843, he was elected to the lower house of
+Congress and was reelected twice, but before taking his seat the third
+time he was chosen by the legislature, in 1846, Senator of the United
+States for the term beginning March 4, 1847, and was reelected in 1852.
+In Congress he had taken an active part in the annexation of Texas, in
+the war with Mexico, in the Oregon Boundary dispute, and in the Land
+Grant for the Illinois Central Railway. In the Senate he held the
+position of Chairman of the Committee on Territories.
+
+In the Democratic party he had forged to the front by virtue of boldness
+in leadership, untiring industry, boundless ambition, and
+self-confidence, and horse-power. He had a large head surmounted by an
+abundant mane, which gave him the appearance of a lion prepared to roar
+or to crush his prey, and not seldom the resemblance was confirmed when
+he opened his mouth on the hustings or in the Senate Chamber. As stump
+orator, senatorial debater, and party manager he never had a superior in
+this country. Added to these gifts, he had a very attractive personality
+and a wonderful gift for divining and anticipating the drift of public
+opinion. The one thing lacking to make him a man "not for an age but for
+all time," was a moral substratum. He was essentially an opportunist.
+Although his private life was unstained, he had no conception of morals
+in politics, and this defect was his undoing as a statesman.
+
+On the 4th of January, 1854, Douglas reported from the Senate Committee
+on Territories a bill to organize the territory of Nebraska. It
+provided that said territory, or any portion of it, when admitted as a
+state or states, should be received into the Union with or without
+slavery, as their constitution might prescribe at the time of their
+admission. The Missouri Compromise Act of 1820, which applied to this
+territory, was not repealed by this provision, and it must have been
+plain to everybody that if slavery were excluded from the _territory_ it
+would not be there when the people should come together to form a
+_state_.
+
+Douglas did not at first propose to repeal the Missouri Compromise. He
+intended to leave the question of slavery untouched. He did not want to
+reopen the agitation, which had been mostly quieted by the Compromise of
+1850; but it soon became evident that if he were willing to leave the
+question in doubt, others were not. Dixon, of Kentucky, successor of
+Henry Clay in the Senate and a Whig in politics, offered an amendment to
+the bill proposing to repeal the Missouri Compromise outright. Douglas
+was rather startled when this motion was made. He went to Dixon's seat
+and begged him to withdraw his amendment, urging that it would reopen
+the controversies settled by the Compromise of 1850 and delay, if not
+prevent, the passage of any bill to organize the new territory. Dixon
+was stubborn. He contended that the Southern people had a right to go
+into the new territory equally with those of the North, and to take with
+them anything that was recognized and protected as property in the
+Southern States. Dixon's motion received immediate and warm support in
+the South.
+
+Two or three days later, Douglas decided to embody Dixon's amendment in
+his bill and take the consequences. His amended bill divided the
+territory in two parts, Kansas and Nebraska. The apparent object of
+this change was to give the Missourians a chance to make the
+southernmost one a slave state; but this intention has been controverted
+by Douglas's friends in recent years, who have brought forward a mass of
+evidence to show that he had other sufficient reasons for thus dividing
+the territory and hence that it must not be assumed that he intended
+that one of them should be a slave state. The evidence consists of a
+record of efforts put forth by citizens of western Iowa in 1853-54 to
+secure a future state on the opposite side of the Missouri River
+homogeneous with themselves, and to promote the building of a Pacific
+railway from some point near Council Bluffs along the line of the Platte
+River. These efforts were heartily seconded by Senators Dodge and Jones
+and Representative Henn, of Iowa. They labored with Douglas and secured
+his cooeperation. So Douglas himself said when he announced the change in
+the bill dividing the territory into two parts.
+
+Most people at the present day, including myself, would be glad to
+concur with this view, but we must interpret Douglas's acts not merely
+by what he said in 1854, but also by what he said and did afterwards. In
+1856 he made an unjustifiable assault upon the New England Emigrant Aid
+Company, for sending settlers to Kansas, as they had a perfect right to
+do under the terms of the bill; and he apologized for, if he did not
+actually defend, the Missourian invaders who marched over the border in
+military array, took possession of the ballot boxes, elected a
+pro-slavery legislature, and then marched back boasting of their
+victory. Troubles multiplied in Douglas's pathway rapidly after he
+introduced his Nebraska Bill, and it is very likely that an equal
+division of the territory between the North and South seemed to him the
+safest way out of his difficulties. That was the customary way of
+settling disputes of this kind. We need not assume, however, that he
+intended to do more than give the Missourians a chance to make Kansas a
+slave state if they could, for Douglas was not a pro-slavery man at
+heart.
+
+Senator Thompson, of Kentucky, once alluded to the division of the
+territory embraced in the original Nebraska Bill into two territories,
+Kansas and Nebraska, showing that his understanding was that one should
+be a free state and the other a slave state, if the South could make it
+such. He said:
+
+     When the bill was first introduced in 1854 it provided for the
+     organization of but one territory. Whence it came or how it
+     came scarcely anybody knows, but the senator from Illinois (Mr.
+     Douglas) has always had the credit of its paternity. I believe
+     he acted patriotically for what he thought best and right. In a
+     short time, however, we found a provision for a division--for
+     two territories--Nebraska, the larger one, to be a free state,
+     and as to Kansas, the smaller one, repealing the Missouri
+     Compromise, we of the South taking our chance for it. That was
+     certainly a beneficial arrangement to the North and the bill
+     was passed in that way.[16]
+
+What were Douglas's reasons for repealing the Missouri Compromise? It
+was generally assumed that he did it in order to gain the support of the
+South in the next national convention of the Democratic party. In the
+absence of any other sufficient motive, this will probably be the
+verdict of posterity, although he always repelled that charge with heat
+and indignation. A more important question is whether there would have
+been any attempt to repeal it if Douglas had not led the way. This may
+be safely answered in the negative. The Southern Senators did not show
+any haste to follow Douglas at first. They generally spoke of the
+measure as a free-will offering of the North, both Douglas and Pierce
+being Northern men, and both being indispensable to secure its passage.
+Francis P. Blair, of Missouri, a competent witness, expressed the
+opinion that a majority of the Southern senators were opposed to the
+measure at first and were coerced into it by the fear that they would
+not be sustained at home if they refused an advantage offered to them by
+the North.[17]
+
+The Nebraska Bill passed the Senate by a majority of 22, and the House
+by a majority of 13. The Democratic party of the North was cleft in
+twain, as was shown by the division of their votes in the House: 44 to
+43. The bill would have been defeated had not the administration plied
+the party lash unmercifully, using the official patronage to coerce
+unwilling members. In this way did President Pierce redeem his pledge to
+prevent any revival of the slavery agitation during his term of office.
+
+When the bill actually passed there was an explosion in every Northern
+State. The old parties were rent asunder and a new one began to
+crystallize around the nucleus which had supported Birney, Van Buren,
+and Hale in the elections of 1844, 1848, and 1852. Both Abraham Lincoln
+and Lyman Trumbull were stirred to new activities. Both took the stump
+in opposition to the Nebraska Bill.
+
+Trumbull was now forty-one years of age. He had gained the confidence of
+the people among whom he lived to such a degree that his reelection to
+the supreme bench in 1852 had been unanimous. He now joined with Gustave
+Koerner and other Democrats in organizing the Eighth Congressional
+District in opposition to Douglas and his Nebraska Bill. Although this
+district had been originally a slaveholding region, it contained a large
+infusion of German immigration, which had poured into it in the years
+following the European uprising of 1848. Of the thirty thousand Germans
+in Illinois in 1850, Reynolds estimated that fully eighteen thousand had
+settled in St. Clair County. These immigrants had at first attached
+themselves to the Democratic party, because its name signified
+government by the people. When, however, it became apparent to them that
+the Democratic party was the ally of slavery, they went over to the
+opposition in shoals, under the lead of Koerner and Hecker. Koerner was
+at that time lieutenant-governor of the state, and his separation from
+the party which had elected him made a profound impression on his fellow
+countrymen. Hecker was a fervid orator and political leader, and later a
+valiant soldier in the Union army.
+
+The Eighth Congressional District then embraced the counties of Bond,
+Clinton, Jefferson, Madison, Marion, Monroe, Randolph, St. Clair, and
+Washington. It was the strongest Democratic district in the state, but
+political parties had been thrown into such disorder by the Nebraska
+Bill that no regular nominations for Congress were made by either Whigs
+or Democrats. Trumbull announced himself as an anti-Nebraska Democratic
+candidate. He had just recovered from the most severe and protracted
+illness of his life and was in an enfeebled condition in consequence,
+but he made a speaking campaign throughout the district, and was elected
+by 7917 votes against 5306 cast for Philip B. Fouke, who ran
+independently as a Douglas Democrat. This victory defeated so many of
+the followers of Douglas who were candidates for the legislature that it
+became possible to elect a Senator of the United States in opposition to
+the regular Democracy.
+
+If political honors were awarded according to the rules of _quantum
+meruit_, Abraham Lincoln would have been chosen Senator as the successor
+of James Shields at this juncture, since he had contributed more than
+any other person to the anti-Nebraska victory in the state. He had been
+out of public life since his retirement from the lower house of Congress
+in 1848. Since then he had been a country lawyer with a not very
+lucrative practice, but a very popular story-teller. He belonged to the
+Whig party, and had followed Clay and Webster in supporting the
+Compromise measures of 1850, including the new Fugitive Slave Law, for,
+although a hater of slavery himself, he believed that the Constitution
+required the rendition of slaves escaping into the free states. He was
+startled by the repeal of the Missouri Compromise. Without that
+awakening, he would doubtless have remained in comparative obscurity. He
+would have continued riding the circuit in central Illinois, making a
+scanty living as a lawyer, entertaining tavern loungers with funny
+stories, and would have passed away unhonored and unsung. He was now
+aroused to new activity, and when Douglas came to Springfield at the
+beginning of October to defend his Nebraska Bill on the hustings,
+Lincoln replied to him in a great speech, one of the world's
+masterpieces of argumentative power and moral grandeur, which left
+Douglas's edifice of "Popular Sovereignty" a heap of ruins. This was the
+first speech made by him that gave a true measure of his qualities. It
+was the first public occasion that laid a strong hold upon his
+conscience and stirred the depths of his nature. It was also the first
+speech of his that the writer of this book, then twenty years of age,
+ever listened to. The impression made by it has lost nothing by the
+lapse of time. In Lincoln's complete writings it is styled the Peoria
+speech of October 16, 1854, as it was delivered at Peoria, after the
+Springfield debate, and subsequently written out by Lincoln himself for
+publication in the _Sangamon Journal_. The Peoria speech contained a few
+passages of rejoinder to Douglas's reply to his Springfield speech. In
+other respects they were the same.[18]
+
+It was this speech that drew upon Lincoln the eyes of the scattered
+elements of opposition to Douglas. These elements were heterogeneous and
+in part discordant. The dividing line between Whigs and Democrats still
+ran through every county in the state, but there was a third element,
+unorganized as yet, known as "Free-Soilers," who traced their lineage
+back to James G. Birney and the campaign of 1844. These were numerous
+and active in the northern counties, but south of the latitude of
+Springfield they dwindled away rapidly. The Free-Soilers served as a
+nucleus for the crystallization of the Republican party two years later,
+but in 1854 the older organizations, although much demoralized, were
+still unbroken. Probably three fourths of the Whigs were opposed to the
+Nebraska Bill in principle, and half of the remainder were glad to avail
+themselves of any rift in the Democratic party to get possession of the
+offices. There was still a substantial fraction of the party, however,
+which feared any taint of abolitionism and was likely to side with
+Douglas in the new alignment.
+
+The legislature consisted of one hundred members--twenty-five senators
+and seventy-five representatives. Twelve of the senators had been
+elected in 1852 for a four years' term, and thirteen were elected in
+1854. Among the former were N. B. Judd, of Chicago, John M. Palmer, of
+Carlinville, and Burton C. Cook, of Ottawa, three Democrats who had
+early declared their opposition to the Nebraska Bill. The full Senate
+was composed of nine Whigs, thirteen regular Democrats, and three
+anti-Nebraska Democrats. A fourth holding-over senator (Osgood,
+Democrat) represented a district which had given an anti-Nebraska
+majority in this election. One of the Whig members (J. L. D. Morrison)
+of St. Clair County was elected simultaneously with Trumbull, but he was
+a man of Southern affiliations and his vote on the senatorial question
+was doubtful.
+
+At this time there was no law compelling the two branches of a state
+legislature to unite in an election to fill a vacancy in the Senate of
+the United States. Accordingly, when one party controlled one branch of
+the legislature and the opposite party controlled the other, it was not
+uncommon for the minority to refuse to go into joint convention. This
+was the case now. In order to secure a joint meeting, it was necessary
+for at least one Democrat to vote with the anti-Nebraska members. Mr.
+Osgood did so.
+
+In the House were forty-six anti-Nebraska men of all descriptions and
+twenty-eight Democrats. One member, Randolph Heath, of the Lawrence and
+Crawford District, did not vote in the election for Senator at any time.
+Two members from Madison County, Henry L. Baker and G. T. Allen, had
+been elected on the anti-Nebraska ticket with Trumbull.
+
+In the chaotic condition of parties it was not to be expected that all
+the opponents of Douglas would coalesce at once. The Whig party was held
+together by the hope of reaping large gains from the division of the
+Democrats on the Nebraska Bill. This was a vain hope, because the Whigs
+were divided also; but while it existed it fanned the flame of old
+enmities. Moreover, the anti-Nebraska Democrats in the campaign had
+claimed that they were the true Democracy and that they were purifying
+the party in order to preserve and strengthen it. They could not
+instantly abandon that claim by voting for a Whig for the highest office
+to be filled.
+
+The two houses met in the Hall of Representatives on February 8, 1855,
+to choose a Senator. Every inch of space on the floor and lobby was
+occupied by members and their political friends, and the gallery was
+adorned by well-dressed women, including Mrs. Lincoln and Mrs. Matteson,
+the governor's wife, and her fair daughters. The senatorial election had
+been the topic of chief concern throughout the state for many months,
+and now the interest was centred in a single room not more than one
+hundred feet square. The excitement was intense, for everybody knew the
+event was fraught with consequences of great pith and moment, far
+transcending the fate of any individual.
+
+Mr. Lincoln had been designated as the choice of a caucus of about
+forty-five members, including all the Whigs and most of the
+Free-Soilers, with their leader, Rev. Owen Lovejoy, brother of the Alton
+martyr.
+
+When the joint convention had been called to order, General James
+Shields was nominated by Senator Benjamin Graham, Abraham Lincoln by
+Representative Stephen T. Logan, and Lyman Trumbull by Senator John M.
+Palmer. The first vote resulted as follows:
+
+    Lincoln           45
+    Shields           41
+    Trumbull           5
+    Scattering         8
+                      --
+    Total             99
+
+Several members of the House who had been elected as anti-Nebraska
+Democrats voted for Lincoln and a few for Shields. The vote for Trumbull
+consisted of Senators Palmer, Judd, and Cook and Representatives Baker
+and Allen.
+
+On the second vote, Lincoln had 43 and Trumbull 6, and there were no
+other changes. A third roll-call resulted like the second. Thereupon
+Judge Logan moved an adjournment, but this was voted down by 42 to 56.
+On the fourth call, Lincoln's vote fell to 38 and Trumbull's rose to 11.
+On the sixth, Lincoln lost two more, and Trumbull dropped to 8.
+
+It now became apparent by the commotion on the Democratic side of the
+chamber that a flank movement was taking place. There had been a rumor
+on the streets that if the reelection of Shields was found to be
+impossible, the Democrats would change to Governor Matteson, under the
+belief that since he had never committed himself to the Nebraska Bill he
+would be able, by reason of personal and social attachments, to win the
+votes of several anti-Nebraska Democrats who had not voted for Shields.
+This scheme was developed on the seventh call, which resulted as
+follows:
+
+    Matteson          44
+    Lincoln           38
+    Trumbull           9
+    Scattering         7
+                      --
+    Total             98
+
+On the eighth call, Matteson gained two votes, Lincoln fell to 27, and
+Trumbull received 18. On the ninth and tenth, Matteson had 47, Lincoln
+dropped to 15, and Trumbull rose to 35.
+
+The excitement deepened, for it was believed that the next vote would be
+decisive. Matteson wanted only three of a majority, and the only way to
+prevent it was to turn Lincoln's fifteen to Trumbull, or Trumbull's
+thirty-five to Lincoln. Obviously the former was the only safe move, for
+none of Lincoln's men would go to Matteson in any kind of shuffle,
+whereas three of Trumbull's men might easily be lost if an attempt were
+made to transfer them to the Whig leader. Lincoln was the first to see
+the imminent danger and the first to apply the remedy. In fact he was
+the only one who could have done so, since the fifteen supporters who
+still clung to him would never have left him except at his own request.
+He now besought his friends to vote for Trumbull. Some natural tears
+were shed by Judge Logan when he yielded to the appeal. He said that the
+demands of principle were superior to those of personal attachment, and
+he transferred his vote to Trumbull. All of the remaining fourteen
+followed his example, and there was a gain of one vote that had been
+previously cast for Archibald Williams. So the tenth and final
+roll-call gave Trumbull fifty-one votes, and Matteson forty-seven. One
+member still voted for Williams and one did not vote at all. Thus the
+one hundred members of the joint convention were accounted for, and
+Trumbull became Senator by a majority of one.
+
+This result astounded the Democrats. They were more disappointed by it
+than they would have been by the election of Lincoln. They regarded
+Trumbull as an arch traitor. That he and his fellow traitors Palmer,
+Judd, and Cook should have carried off the great prize was an unexpected
+dose; but they did not know how bitter it was until Trumbull took his
+seat in the Senate and opened fire on the Nebraska Bill.
+
+Lincoln took his defeat in good part. Later in the evening there was a
+reception given at the house of Mr. Ninian Edwards, whose wife was a
+sister of Mrs. Lincoln. He had been much interested in Lincoln's success
+and was greatly surprised to hear, just before the guests began to
+arrive, that Trumbull had been elected. He and his family were easily
+reconciled to the result, however, since Mrs. Trumbull had been from
+girlhood a favorite among them. When she and Trumbull arrived, they were
+naturally the centre of attraction. Mr. and Mrs. Lincoln came in a
+little later. The hostess and her daughters greeted them most cordially,
+saying that they had wished for his success, and that while he must be
+disappointed, yet he should bear in mind that his principles had won.
+Mr. Lincoln smiled, moved toward the newly elected Senator, and saying,
+"Not _too_ disappointed to congratulate my friend Trumbull," warmly
+shook his hand.
+
+Lincoln's account of this election, in a letter to Hon. E. B. Washburne,
+concludes by saying:
+
+     I regret my defeat moderately, but I am not nervous about it.
+     I could have headed off every combination and been elected had
+     it not been for Matteson's double game--and his defeat now
+     gives me more pleasure than my own gives me pain. On the whole,
+     it was perhaps as well for our general cause that Trumbull is
+     elected. The Nebraska men confess that they hate it worse than
+     anything that could have happened. It is a great consolation to
+     see them worse whipped than I am. I tell them it is their own
+     fault--that they had abundant opportunity to choose between him
+     and me, which they declined, and instead forced it on me to
+     decide between him and Matteson.
+
+There is no evidence that Trumbull took any steps whatever to secure his
+own election in this contest.[19]
+
+If Lincoln had been chosen at this time, his campaign against Douglas
+for the Senate in 1858 would not have taken place. Consequently he would
+not have been the cynosure of all eyes in that spectacular contest. It
+was Douglas's prestige and prowess that drew him into the limelight at
+that important juncture, and made his nomination as President possible
+in 1860.
+
+FOOTNOTES:
+
+[15] The Journal of the Illinois State Historical Society for October,
+1912, contains an autobiography of Stephen A. Douglas, of fifteen pages,
+dated September, 1838, which was recently found in his own handwriting
+by his son, Hon. Robert M. Douglas, of North Carolina. It terminates
+just before his first campaign for Congress.
+
+[16] _Cong. Globe_, July, 1856, Appendix, p. 712.
+
+[17] Letter to the _Missouri Democrat_, dated March 1, 1856, quoted in
+P. Ormon Ray's _Repeal of the Missouri Compromise_, p. 232.
+
+[18] Some testimony as to the effect produced upon Douglas himself by
+this speech was supplied to me long afterwards from a trustworthy
+quarter in the following letter:--
+
+    NEW YORK, Dec. 7, 1908.
+
+    MY DEAR MR. WHITE:
+
+    In 1891, at his office in Chicago, Mr. W. C. Gowdy told me that
+    Judge Douglas spent the night with him at his house preceding
+    his debate with Mr. Lincoln; that after the evening meal Judge
+    Douglas exhibited considerable restlessness, pacing back and
+    forth upon the floor of the room, evidently with mental
+    preoccupation. The attitude of Judge Douglas was so unusual that
+    Mr. Gowdy felt impelled to address him, and said: "Judge
+    Douglas, you appear to be ill at ease and under some mental
+    agitation; it cannot be that you have any anxiety with reference
+    to the outcome of the debate you are to have with Mr. Lincoln;
+    you cannot have any doubt of your ability to dispose of him."
+
+    Whereupon Judge Douglas, stopping abruptly, turned to Mr. Gowdy
+    and said, with great emphasis: "Yes, Gowdy, I am troubled over
+    the progress and outcome of this debate. I have known Lincoln
+    for many years, and I have continually met him in debate. I
+    regard him as the most difficult and dangerous opponent that I
+    have ever met and I have serious misgivings as to what may be
+    the result of this joint debate."
+
+    These in substance, and almost in exact phraseology, are the
+    words repeated to me by Mr. Gowdy. Faithfully yours,
+
+    FRANCIS LYNDE STETSON.
+
+Mr. Gowdy was a state senator in 1854 and his home was at or near
+Peoria. There was no joint debate between Lincoln and Douglas at or near
+Gowdy's residence, except that of 1854.
+
+[19] The following manuscript, written by one of Lincoln's supporters
+who was himself a member of the legislature, was found among the papers
+of William H. Herndon:
+
+    "In the contest for the United States Senate in the winter of
+    1854-55 in the Illinois Legislature, nearly all the Whigs and
+    some of the '_anti-Nebraska Democrats_' preferred Mr. Lincoln to
+    any other man. Some of them (and myself among the number) had
+    been candidates and had been elected by the people for the
+    express purpose of doing all in their power for his election,
+    and a great deal of their time during the session was taken up,
+    both in caucus and out of it, in laboring to unite the
+    anti-Nebraska party on their favorite, but there was from the
+    first, as the result proved, an insuperable obstacle to their
+    success. Four of the anti-Nebraska Democrats had been elected in
+    part by Democrats, and they not only personally preferred Mr.
+    Trumbull, but considered his election necessary to consolidate
+    the union between all those who were opposed to repeal of the
+    Missouri Compromise and to the new policy upon the subject of
+    slavery which Mr. Douglas and his friends were laboring so hard
+    to inaugurate. They insisted that the election of Mr. Trumbull
+    to the Senate would secure thousands of Democratic votes to the
+    anti-Nebraska party who would be driven off by the election of
+    Mr. Lincoln--that the Whig party were nearly a unit in
+    opposition to Mr. Douglas, so that the election of the favorite
+    candidate of the majority would give no particular strength in
+    that quarter, and they manifested a fixed purpose to vote
+    steadily for Mr. Trumbull and not at all for Mr. Lincoln, and
+    thus compel the friends of Mr. Lincoln to vote for their man to
+    prevent the election of Governor Matteson, who, as was
+    ascertained, could, after the first few ballots, carry enough
+    anti-Nebraska men to elect him. These four men were Judd, of
+    Cook, Palmer, of Macoupin, Cook, of LaSalle, and Baker, of
+    Madison. Allen, of Madison, went with them, but was not
+    inflexible, and would have voted for Lincoln cheerfully, but did
+    not want to separate from his Democratic friends. These men kept
+    aloof from the caucus of both parties during the winter. They
+    would not act with the Democrats from principle, and would not
+    act with the Whigs from policy.
+
+    "When the election came off, it was evident, after the first two
+    or three ballots, that Mr. Lincoln could not be elected, and it
+    was feared that if the balloting continued long, Governor
+    Matteson would be elected. Mr. Lincoln then advised his friends
+    to vote for Mr. Trumbull; they did so, and elected him.
+
+    "Mr. Lincoln was very much disappointed, for I think that at
+    that time it was the height of his ambition to get into the
+    United States Senate. He manifested, however, no bitterness
+    towards Mr. Judd or the other anti-Nebraska Democrats, by whom
+    practically he was beaten, but evidently thought that their
+    motives were right. _He told me several times afterwards that
+    the election of Trumbull was the best thing that could have
+    happened._
+
+    "There was a great deal of dissatisfaction throughout the state
+    at the result of the election. The Whigs constituted a vast
+    majority of the anti-Nebraska party. They thought they were
+    entitled to the Senator and that Mr. Lincoln by his contest with
+    Mr. Douglas had caused the victory. Mr. Lincoln, however,
+    generously exonerated Mr. Trumbull and his friends from all
+    blame in the matter. Trumbull's first encounter with Douglas in
+    the Senate filled the people of Illinois with admiration for his
+    abilities, and the ill-feeling caused by his election gradually
+    faded away.
+
+    "SAM C. PARKS."
+
+
+
+
+CHAPTER IV
+
+THE KANSAS WAR
+
+
+Trumbull took his seat in the Senate at the first session of the
+Thirty-fourth Congress, December 3, 1855. His credentials were presented
+by Senator Crittenden, of Kentucky. Senator Cass, of Michigan, presented
+a protest from certain members of the legislature of Illinois reciting
+that the constitution of that state made the judges of the supreme and
+circuit courts ineligible to any other office in the state, or in the
+United States, during the terms for which they were elected and one year
+thereafter; affirming that Trumbull was elected judge of the supreme
+court June 7, 1852, for the term of nine years and entered upon the
+duties of that office June 24, 1852; that the said term of office would
+not expire until 1861; and that, therefore, he was not legally elected a
+Senator of the United States. The papers were eventually referred to the
+Committee on the Judiciary, but in the mean time Trumbull was sworn in.
+Before the question of reference was disposed of, however, Senator
+Seward contended that no state could fix or define the qualifications of
+a Senator of the United States. He instanced the case of N. P.
+Tallmadge, who had been elected a Senator from New York while serving as
+a member of the legislature of that state, although the constitution of
+New York disqualified him and all other members from such election.
+Tallmadge was nevertheless admitted to the Senate and served his full
+term. Trumbull's right to his seat was decided in accordance with that
+precedent by a vote of 35 to 8, on the 5th of March, 1856. Senator
+Douglas did not vote on this question, nor did he take part in the
+argument on it.
+
+The subject of burning interest in Congress was the condition of affairs
+in Kansas Territory. When the bill repealing the Missouri Compromise was
+pending, the opinion had been generally expressed by its supporters that
+slavery never would or could go into that region. Several Southern
+Senators and most of the Northern Democrats had held this view. Hunter,
+of Virginia, considered it utterly hopeless to expect that either Kansas
+or Nebraska would ever be a slaveholding state. Badger, of North
+Carolina, said that he had no more idea of seeing a slave population in
+either of them than he had of seeing it in Massachusetts. Dixon, of
+Kentucky, held a similar view. Nor is there any reason to doubt the
+sincerity of these men. Apparently the only Southern Senator who then
+cherished a different belief was Atchison, of Missouri, whose home was
+on the border of Kansas and whose opinions were based upon personal
+knowledge and backed by self-interest.
+
+President Pierce appointed Andrew H. Reeder, of Pennsylvania, governor
+of Kansas Territory. Reeder was not unwilling to cooeperate with the
+South in establishing slavery in an orderly way, but was quite
+unprepared for the tactics which had been planned by others to expedite
+his movements. He called an election for a delegate in Congress to be
+held on the 29th of November, 1854. An organized army of Missourians
+marched over the Kansas border, seized the polling-places, and cast 1749
+fraudulent votes for a pro-slavery man named Whitfield. This was a
+gratuitous and unnecessary act of violence, since the bona-fide settlers
+from Missouri outnumbered the Free State men and the latter were, as
+yet, unorganized and unprepared. Governor Reeder confirmed the election
+and thus gave encouragement to the invaders for their next attempt.
+
+A few immigrants had already gone into the territory from the New
+England States, moved by the desire of bettering their condition in
+life. Some of them had been assisted by the Emigrant Aid Company of
+Worcester, Massachusetts, a society started by Eli Thayer for the
+purpose of furnishing capital, by loans, to such persons for traveling
+expenses and for the building of hotels, sawmills, private dwellings,
+etc. These settlers from the East were as little prepared as Reeder
+himself for the sudden swoop of Missourians, and although they wrote
+letters to Northern Congressmen and newspapers protesting against the
+election of Whitfield as an act of invasion and a barefaced fraud,
+nothing was done to prevent him from taking his seat.
+
+The next election (for members of the territorial legislature) was fixed
+for the 30th of March, 1855. What kind of preparations for it had been
+made in the mean time in Missouri was plainly indicated by the following
+letter, dated Brunswick, Missouri, April 20, 1855, published in the New
+York _Herald_:
+
+     From five to seven thousand men started from Missouri to attend
+     the election, some to remove, but most to return to their
+     families with an intention, if they liked the territory, to
+     make it their permanent home at the earliest moment
+     practicable. But they intended to vote. The Missourians were
+     many of them Douglas men. There were one hundred and fifty
+     voters from this county, one hundred and seventy-five from
+     Howard, one hundred from Cooper. Indeed, every county furnished
+     its quota, and when they set out it looked like an army. They
+     were armed. And as there were no houses in the territory they
+     carried tents. Their mission was a peaceable one--to vote, and
+     to drive down stakes for their future homes.
+
+     After the election some 1500 of the voters sent a committee to
+     Mr. Reeder to ascertain if it was his purpose to ratify the
+     election. He answered that it was, and said that the majority
+     at an election must carry the day. But it is not to be denied
+     that the 1500, apprehending that the governor might attempt to
+     play the tyrant, since his conduct had already been insidious
+     and unjust, wore on their hats bunches of hemp. They were
+     resolved, if a tyrant attempted to trample on the rights of the
+     sovereign people, to hang him.
+
+It was not conscious brigandage that prompted this movement, but the
+simplicity of minds tutored on the frontier and fashioned in the
+environment of slavery. The fifteen hundred Missourians, who gave
+Governor Reeder to understand that they would hang him on the nearest
+tree if he did not ratify their invasion of Kansas, had homes, farms,
+and families. They supported churches and schools of a certain kind and
+considered themselves qualified to civilize Africans. They were types of
+the best society that they had any conception of. Far from concealing
+anything that they had done, they boasted of it openly in their
+newspaper organ, the _Squatter Sovereign_, which published the following
+under the date of April 1:
+
+     INDEPENDENCE, MO., March 31, 1855.--Several hundred emigrants
+     from Kansas have just entered our city. They were preceded by
+     the Westport and Independence brass bands. They came in at the
+     west side of the public square and proceeded entirely around
+     it, the bands cheering us with fine music, and the emigrants
+     with good news. Immediately following the bands were about two
+     hundred horsemen in regular order. Following these were one
+     hundred and fifty wagons, carriages, etc. They gave repeated
+     cheers for Kansas and Missouri. They report that not an
+     anti-slavery man will be in the Legislature of Kansas. We have
+     made a clean sweep.[20]
+
+This invasion was as needless as the former one, since the Free State
+men were still in the minority, counting actual settlers only; but the
+pro-slavery party were determined to leave nothing to chance. Senator
+Atchison, in a speech at Weston, Missouri, on the 9th of November, 1854,
+had told his constituents how to secure the prize:
+
+     When you reside in one day's journey of the territory, and when
+     your peace, your quiet, and your property depend upon your
+     action, you can, without an exertion, send five hundred of your
+     young men who will vote in favor of your institution. Should
+     each county in the state of Missouri only do its duty, the
+     question will be decided quietly and peaceably at the
+     ballot-box. If you are defeated, then Missouri and the other
+     Southern States will have shown themselves to be recreant to
+     their interests, and will deserve their fate.[21]
+
+A little later we find him writing letters like the following to a
+friend in Atlanta, Georgia:
+
+     Let your young men come forth to Missouri and Kansas. Let them
+     come well armed, with money enough to support them for twelve
+     months and determined to see this thing out! I do not see how
+     we are to avoid a civil war;--come it will. Twelve months will
+     not elapse before war--civil war of the fiercest kind--will be
+     upon us. We are arming and preparing for it.
+
+Atchison was constantly spurring others to deeds of lawlessness and
+violence, but he always stopped short of committing any himself. He was
+probably restrained by the fear of losing influence at Washington. It
+was by no means certain that President Pierce would tolerate everything.
+The sad fate of one of the companies recruited in the South for
+immigration to Kansas is narrated in the following letter, addressed to
+Senator Trumbull by John C. Underwood, of Culpeper Court House,
+Virginia:
+
+     Soon after the repeal of the Missouri Compromise in 1854, in
+     the neighborhood of Winchester and Harper's Ferry the project
+     of sending a company of young men to Kansas to make it a slave
+     state was much agitated. Subscriptions for that purpose were
+     asked, and the duty of strengthening our sectional interest of
+     slavery by adding two friendly Senators to your honorable body,
+     was urged with great zeal upon my neighbors. This was long
+     before I had heard of any movement of the New England Aid Co.,
+     or of anybody on the part of freedom. It was my understanding
+     at the time that Senator Mason was the main adviser in the
+     project. This may not have been the case. The history of this
+     company will not be soon forgotten. Its taking the train on the
+     Baltimore and Ohio R. R. at Harper's Ferry, its exploits in
+     Kansas up to the fall of its leader (Sharrard) at the hands of
+     Jones, the friend of the Democratic Gov. Geary, are all still
+     well remembered. The return of the company with the dead body
+     of their leader, and the blasted hopes of its sanguine
+     originators, was a gloomy day in our beautiful valley, and
+     created a sensation throughout the country.
+
+Another letter among the Trumbull papers deserves a place here, the
+author of which was Isaac T. Dement, who (writing from Hudson, Illinois,
+January 10, 1857) says that he was living in Kansas the previous year
+and had filed his intention on one hundred and sixty acres of land where
+he had a small store and a dwelling-house:
+
+     On the 3d of September last [he continues] a band of armed men
+     from Missouri came to my place, and after taking what they
+     wanted from the store, burned it and the house, and said that
+     if they could find me they would hang me. They said that they
+     had broken open a post-office and found a letter that I wrote
+     to Lane and Brown asking them to come and help us with a
+     company of Sharpe's rifles (this is a lie); and also that I had
+     furnished Lane and Brown's men with provisions (a lie), and
+     that I was a Free State man (that is so).
+
+Mr. Dement hoped that Congress would do something to compensate him for
+his losses.
+
+Governor Reeder ought to have been prepared for the second invasion. He
+had had sufficient warning. Unless he was ready to go all lengths with
+Atchison and Stringfellow, he ought to have declared the entire election
+invalid and reported the facts to President Pierce. But he did nothing
+of the kind. He merely rejected the votes of seven election districts
+where the most notorious frauds had been committed, and declared "duly
+elected" the persons voted for in others. Eventually the members holding
+certificates organized as a legislature and admitted the seven who had
+been rejected by Reeder. The latter took an early opportunity to go to
+Washington City to make a report to the President in person. He stopped
+en route at his home in Easton, Pennsylvania, where he made a public
+speech exposing the frauds in the election and confirming the reports of
+the Free State settlers. Stringfellow warned him not to come back. In
+the _Squatter Sovereign_ of May 29, 1855, he said:
+
+     From reports received of Reeder he never intends returning to
+     our borders. Should he do so we, without hesitation, say that
+     our people ought to hang him by the neck like a traitorous dog,
+     as he is, so soon as he puts his unhallowed feet upon our
+     shores. Vindicate your characters and the territory; and should
+     the ungrateful dog dare to come among us again, hang him to the
+     first rotten tree. A military force to protect the ballot-box!
+     Let President Pierce or Governor Reeder, or any other power,
+     attempt such a course in this, or any portion of the Union, and
+     that day will never be forgotten.
+
+The "Border Ruffian" legislature proceeded to enact the entire slave
+code of Missouri as laws of Kansas. It was made a criminal offense for
+anybody to deny that slavery existed in Kansas, or to print anything, or
+to introduce any printed matter, making such denial. Nobody could hold
+any office, even that of notary public, who should make such denial. The
+crime of enticing any slave to leave his master was made punishable with
+death, or imprisonment for ten years. That of advising slaves, by
+speaking, writing, or printing, to rebel, was punishable with death.
+
+Reeder was removed from office by President Pierce on the 15th of
+August, and Wilson Shannon, a former governor of Ohio, was appointed as
+his successor.
+
+The Free State men held a convention at Topeka in October, 1855, and
+framed a state constitution, to be submitted to a popular vote, looking
+to admission to the Union. This was equivalent merely to a petition to
+Congress, but it was stigmatized as an act of rebellion by the
+pro-slavery party.
+
+On the 24th of January, 1856, President Pierce sent a special message to
+Congress on the subject of the disturbance in Kansas. He alluded to the
+"angry accusations that illegal votes had been polled," and to the
+"imputations of fraud and violence"; but he relied upon the fact that
+the governor had admitted some members and rejected others and that each
+legislative assembly had undoubted authority to determine, in the last
+resort, the election and qualification of its own members. Thus a
+principle intended to apply to a few exceptional cases of dispute was
+stretched to cover a case where all the seats had been obtained by fraud
+and usurpation. "For all present purposes," he added feebly, the
+"legislative body thus constituted and elected was the legitimate
+assembly of the Territory."
+
+This message was referred to the Senate Committee on Territories. On the
+12th of March, Senator Douglas submitted a report from the committee,
+and Senator Collamer, of Vermont, submitted a minority report. This was
+the occasion of the first passage-at-arms between Douglas and his new
+colleague. The report was not merely a general endorsement of President
+Pierce's contention that it was impossible to go behind the returns of
+the Kansas election, as certified by Governor Reeder, but it went much
+further in the same direction, putting all the blame for the disorders
+on the New England Emigrant Aid Company, and practically justifying the
+Missourians as a people "protecting their own firesides from the
+apprehended horrors of servile insurrection and intestine war."
+Logically, from Douglas's new standpoint, the New Englanders had no
+right to settle in Kansas at all, if they had the purpose to make it a
+free state. To this complexion had the doctrine of "popular sovereignty"
+come in the short space of two years.
+
+Two days after the presentation of this report, Mr. Trumbull made a
+three hours' speech upon it without other preparation than a perusal of
+it in a newspaper; it had not yet been printed by the Senate. This
+speech was a part of one of the most exciting debates in the annals of
+Congress. He began with a calm but searching review of the
+Kansas-Nebraska Act, dwelling first on the failure of the measure to fix
+any time when the people of a territory should exercise the right of
+deciding whether they would have slavery or not. He illustrated his
+point by citing some resolutions adopted by a handful of squatters in
+Kansas as early as September, 1854, many months before any legislature
+had been organized or elected, in which it was declared that the
+squatters aforesaid "would exercise the right of expelling from the
+territory, or otherwise punishing any individual, or individuals, who
+may come among us and by act, conspiracy, or other illegal means, entice
+away our slaves or clandestinely attempt in any way or form to affect
+our rights of property in the same." These resolutions were passed
+before any persons had arrived under the auspices, or by the aid, of the
+New England Emigrant Aid Company; showing that, so far from being
+aroused to violence by the threatening attitude of that organization,
+the Missourians were giving notice beforehand that violence would be
+used upon any intending settlers who might be opposed to the
+introduction of slavery.
+
+Douglas had wonderful skill in introducing sophisms into a discussion so
+deftly that his opponent would not be likely to notice them, or would
+think them not worth answering, and then enlarging upon them and leading
+the debate away upon a false scent, thus convincing the hearers that, as
+his opponent was weak in this particular, he was probably weak
+everywhere. It was Trumbull's forte that he never failed to detect these
+tricks and turns and never neglected them, but exposed them instantly,
+before proceeding on the main line of his argument. It was this faculty
+that made his coming into the Senate a welcome reinforcement to the
+Republican side of the chamber.
+
+The report under consideration abounded in these characteristic Douglas
+pitfalls. It said, for example:
+
+     Although the act of incorporation [of the Emigrant Aid Company]
+     does not distinctly declare that it was formed for the purpose
+     of controlling the domestic institutions of Kansas and forcing
+     it into the Union with a prohibition of slavery in her
+     constitution, _regardless of the rights and wishes of the
+     people as guaranteed by the Constitution of the United States
+     and secured by their organic law_, yet the whole history of the
+     movement, the circumstances in which it had its origin, and the
+     professions and avowals of all engaged in it rendered it
+     certain and undeniable that such was its object.
+
+Here was a double sophistry: First, the implication that, if the
+Emigrant Aid Company had boldly avowed that its purpose was to control
+the domestic institutions of Kansas and bring it into the Union as a
+free state, its heinousness would have been plain to all; second, that
+the Constitution of the United States, and the organic act of the
+territory itself, guaranteed the people against such an outrage. But the
+declared object of the Nebraska Bill was to allow the people to do this
+very thing by a majority vote. Mr. Trumbull brought his flail down upon
+this pair of sophisms with resounding force. In debate with Senator
+Hale, a few days earlier, Toombs, of Georgia, had had the manliness to
+say:
+
+     With reference to that portion of the Senator's argument
+     justifying the Emigrant Aid Societies,--whatever may be their
+     policy, whatever may be the tendency of that policy to produce
+     strife,--if they simply aid emigrants from Massachusetts to go
+     to Kansas and to become citizens of that territory, I am
+     prepared to say that they violate no law; and they had a right
+     to do it; and every attempt to prevent them from doing so
+     violated the law and ought not to be sustained.[22]
+
+By way of justifying the Border Ruffians the report said that when the
+emigrants from New England were going through Missouri, the violence of
+their language and behavior excited apprehensions that their object was
+to "abolitionize Kansas as a means of prosecuting a relentless warfare
+on the institution of slavery within the limits of Missouri."
+
+     What! [said Trumbull,] abolitionize Kansas! It was said on all
+     sides of the Senate Chamber (when the Nebraska bill was
+     pending) that it was never meant to have slavery go into
+     Kansas. What is meant, then, by abolitionizing Kansas? Is it
+     abolitionizing a territory already free, and which was never
+     meant to be anything but free, for Free State men to settle in
+     it? I cannot understand the force of such language. But they
+     were to abolitionize Kansas, according to this report, and for
+     what purpose? As a means for prosecuting a relentless warfare
+     on the institution of slavery within the limits of Missouri.
+     Where is the evidence of such a design? I would like to see it.
+     It is not in this report, and if it exists I will go as far as
+     the gentleman to put it down. I will neither tolerate nor
+     countenance by my action here or elsewhere any society which
+     is resorting to means for prosecuting a relentless warfare upon
+     the institution of slavery within the limits of Missouri or any
+     other state. But there is not a particle of evidence of any
+     such intention in the document which professes to set forth the
+     acts of the Emigrant Aid Society, and which is incorporated in
+     this report.[23]
+
+Trumbull next took up the contention of the report that since Governor
+Reeder had recognized the usurping legislature, he and all other
+governmental authorities were estopped from inquiring into its validity.
+No great effort of a trained legal mind was required to overthrow that
+pretension. Trumbull demolished it thoroughly. After giving a calm and
+lucid sketch of the existing condition of affairs in the territory,
+Trumbull brought his speech to a conclusion. It fills six pages of the
+_Congressional Globe_.[24]
+
+This was the prelude to a hot debate with Douglas, who immediately took
+the floor. Trumbull had remarked in the course of his speech that the
+only political party with which he had ever had any affiliations was the
+Democratic. Douglas said that he should make a reply to his colleague's
+speech as soon as it should be printed in the _Globe_, but that he
+wished to take notice now of the statement that Trumbull claimed to be
+a Democrat. This, he said, would be considered by every Democrat in
+Illinois as a libel upon the party.
+
+Senator Crittenden called Douglas to order for using the word "libel,"
+which he said was unparliamentary, being equivalent to the word "lie."
+Douglas insisted that he had not imputed untruth to his colleague, but
+had only said that all the Democrats in Illinois would impute it to him
+when they should read his speech. He then went into a general tirade
+about "Black Republicans," "Know-Nothings," and "Abolitionists," who, he
+said, had joined in making Trumbull a Senator, from which it was evident
+that he was one of the same tribe, and not a Democrat. So far as the
+people of Illinois were concerned, he said that his colleague did not
+dare to go before them and take his chances in a general election, for
+he (Douglas) had met him at Salem, Marion County, in the summer of 1855,
+and had told him in the presence of thousands of people that, differing
+as they did, they ought not both to represent the State at the same
+time. Therefore, he proposed that they should both sign a paper
+resigning their seats and appeal to the people, "and if I did not beat
+him now with his Know-Nothingism, Abolitionism, and all other isms by a
+majority of twenty thousand votes, he should take the seat without the
+trouble of a contest."
+
+Neither Trumbull nor Douglas was gifted with the sense of humor, but
+Trumbull turned the laugh on his antagonist by his comments on the
+coolness of the proposal that both Senators should resign their seats,
+which Governor Matteson would have the right to fill immediately, and
+which the people could in no event fill by a majority vote, since the
+people did not elect Senators under our system of government. The reason
+why he did not answer the challenge at Salem was that his colleague did
+not stay to hear the answer. After he had finished his speech it was
+very convenient for him to be absent. "He cut immediately for his tavern
+without waiting to hear me." Trumbull denominated the challenge "a bald
+clap-trap declamation and nothing else."
+
+Douglas's charges about Know-Nothings and Abolitionists were well
+calculated to make an impression in southern Illinois; hence Trumbull
+did not choose to let them go unanswered. His reply was pitched upon a
+higher plane, however, than his antagonist's tirade. He said:
+
+     In my part of the state there are no Know-Nothing organizations
+     of whose members I have any knowledge. If they exist, they
+     exist secretly. There are no open avowed ones among us. These
+     general charges, as to matters of opinion, amount to but very
+     little. It is altogether probable that the gentleman and myself
+     will differ in opinion not only upon this slavery question, but
+     also as to the sentiments of the people of Illinois. The views
+     which I entertain are honest ones; they are the sincere
+     sentiments of my heart. I will not say that the views which he
+     entertains in reference to those matters are not equally
+     honest. I impute no such thing as insincerity to any Senator.
+     Claiming for myself to be honest and sincere, I am willing to
+     award to others the same sincerity that I claim for myself. As
+     to what views other men in Illinois may entertain we may
+     honestly differ. The views of the members of the legislature
+     may be ascertained from their votes on resolutions before them.
+     I do not know how to ascertain them in any other way. As for
+     Abolitionists I do not know one in our state--one who wishes to
+     interfere with slavery in the states. I have not the
+     acquaintance of any of that class. There are thousands who
+     oppose the breaking-down of a compromise set up by our fathers
+     to prevent the extension of slavery, and I know that the
+     gentleman himself once uttered on this floor the sentiment that
+     he did not know a man who wished to extend slavery to a free
+     territory.
+
+Douglas replied at length to Trumbull on the 20th of March, in his most
+slippery and misleading style. If it were possible to admire the kind
+of argument which makes the worse appear the better reason, this speech
+would take high rank. It may be worth while to give a single sample.
+Trumbull had said that in his opinion the words of the Missouri
+Compromise, prohibiting slavery in certain territories "forever," meant
+until the territory should be admitted into the Union as a state on
+terms of equality with the other states. Douglas seized upon this as a
+fatal admission, and asked why, if "forever" meant only a few years,
+Trumbull and all his allies had been abusing him for repealing the
+sacred compact.
+
+     If so [he continued], what is meant by all the leaders of that
+     great party, of which he (Trumbull) has become so prominent a
+     member, when they charge me with violating a solemn compact--a
+     compact which they say consecrated that territory to freedom
+     forever? _They_ say it was a compact binding forever. _He_ says
+     that it was an unfounded assumption, for it was only a law
+     which would become void without even being repealed; it was a
+     mere legislative enactment like any other territorial law, and
+     the word "forever" meant no more than the word
+     "hereafter"--that it would expire by its own limitation. If
+     this assumption be true, it necessarily follows that what he
+     calls the Missouri Compromise was no compact--was not a
+     contract--not even a compromise, the repeal of which would
+     involve a breach of faith.[25]
+
+And he continued, ringing the changes on this alleged inconsistency
+through two entire columns of the _Globe_, as though a compact could not
+be made respecting a territory as well as for a state, and ignoring the
+fact that if slaves were prevented from coming into the territory, the
+material for forming a slave state would not exist when the people
+should apply for admission to the Union. If the word "forever" had, as
+Trumbull believed, applied only to the territory, it nevertheless
+answered all practical purposes forever, by moulding the future state,
+as the potter moulds the clay.[26]
+
+The remainder of Douglas's speech was founded upon the doings of
+Governor Reeder, whom he first used to buttress and sustain the bogus
+legislature in its acts, and then turned upon and rent in pitiable
+fragments, calling him "your Governor," as though the Republicans and
+not their opponents had appointed him.
+
+June 9, 1856, the two Senators drifted into debate on the Kansas
+question again, and Trumbull put to Douglas the question which Lincoln
+put to him with such momentous consequences in the Freeport debate two
+years later: whether the people of a territory could lawfully exclude
+slavery prior to the formation of a state constitution. Trumbull said
+that the Democratic party was not harmonious on this point. He had heard
+Brown, of Mississippi, argue on the floor of the Senate that slavery
+could not be excluded from the territories, while in the formative
+condition, by the territorial legislature, and he had heard Cass, of
+Michigan, maintain exactly the opposite doctrine. He would like to know
+what his colleague's views were upon that point:
+
+     My colleague [he said] has no sort of difficulty in deciding
+     the constitutional question as to the right of the people of a
+     territory, when they form their constitution, to establish or
+     prohibit slavery. Now will he tell me whether they have the
+     right _before_ they form a state constitution?[27]
+
+Douglas did not answer this interrogatory. He insisted that it was
+purely a judicial question, and that he and all good Democrats were in
+harmony and would sustain the decision of the highest tribunal when it
+should be rendered. The Dred Scott case was pending in the Supreme
+Court, but that fact was not mentioned in the debate. The right of the
+people of a territory to exclude slavery before arriving at statehood
+was already the crux of the political situation, but its significance
+was not generally perceived at that time. That Trumbull had grasped the
+fact was shown by his concluding remarks in this debate, to wit:
+
+     My colleague says that the persons with whom he is acting are
+     perfectly agreed on the questions at issue. Why, sir, all of
+     them in the South say that they have a right to take their
+     slaves into a territory and to hold them there as such, while
+     all in the North deny it. If that is an agreement, then I do
+     not know what Bedlam would be.
+
+Bedlam came at Charleston four years later. It is worthy of remark that
+in this debate Douglas held that a negro could bring an action for
+personal freedom in a territory and have it presented to the Supreme
+Court of the United States for decision. In the Dred Scott case,
+subsequently decided, the court held that a negro could not bring an
+action in a court of the United States.
+
+The Senate debate on Kansas affairs in the first session of the
+Thirty-fourth Congress was participated in by nearly all the members of
+the body. The best speech on the Republican side was made by Seward.
+This was a carefully prepared, farseeing philosophical oration, in which
+the South was warned that the stars in their courses were fighting
+against slavery and that the institution took a step toward perdition
+when it appealed to lawless violence. Sumner's speech, which in its
+consequences became more celebrated, was sophomorical and vituperative
+and was not calculated to help the cause that its author espoused; but
+the assault made upon him by Preston S. Brooks maddened the North and
+drew attention away from its defects of taste and judgment. Collamer, of
+Vermont, made a notable speech in addition to his notable minority
+report from the Committee on Territories. Wilson, of Massachusetts, and
+Hale, of New Hampshire, received well-earned plaudits for the
+thoroughness with which they exposed the frauds and violence of the
+Border Ruffians, and commented on the vacillation and stammering of
+President Pierce. That Trumbull had the advantage of his wily antagonist
+must be the conclusion of impartial readers at the present day.
+
+If a newcomer in the Senate to-day should plunge _in medias res_ and
+deliver a three-hours' speech as soon as he could get the floor, he
+would probably be made aware of the opinion of his elders that he had
+been over-hasty. It was not so in the exciting times of the decade
+before the Civil War. All help was eagerly welcomed. Moreover,
+Trumbull's constituents would not have tolerated any delay on his part
+in getting into the thickest of the fight. Any signs of hanging back
+would have been construed as timidity. The anti-Nebraska Democrats of
+Illinois required early proof that their Senator was not afraid of the
+Little Giant, but was his match at cut-and-thrust debate as well as his
+superior in dignity and moral power. The North rang with the praises of
+Trumbull, and some persons, whose admiration of Lincoln was unbounded
+and unchangeable, were heard to say that perhaps Providence had selected
+the right man for Senator from Illinois. Although Lincoln's personality
+was more magnetic, Trumbull's intellect was more alert, his diction the
+more incisive, and his temper was the more combative of the two.
+
+From a mass of letters and newspapers commending Mr. Trumbull on his
+first appearance on the floor of the Senate, a few are selected for
+notice.
+
+The New York _Tribune_, March 15, 1856, Washington letter signed "H.
+G.," p. 4, col. 5:
+
+     Mr. Trumbull's review of Senator Douglas's pro-slavery Kansas
+     report is hailed with enthusiasm, as calculated to do honor to
+     the palmiest days of the Senate. Though three hours long, it
+     commanded full galleries, and the most fixed attention to the
+     close. It was searching as well as able, and was at once
+     dignified and convincing.
+
+     When Mr. Trumbull closed, Mr. Douglas rose, in bad temper, to
+     complain that the attack had been commenced in his absence, and
+     to ask the Senate to fix a day for his reply. He said Mr.
+     Trumbull had claimed to be a Democrat; but that claim would be
+     considered a libel by the Democracy of Illinois. Here Mr.
+     Crittenden rose to a question of order, and a most exciting
+     passage ensued; the flash of the Kentuckian's eye and the
+     sternness of his bearing were such as are rarely seen in the
+     Senate.
+
+The New York _Daily Times_, Washington letter, dated June 9:
+
+     Douglas was much disconcerted to-day by Senator Trumbull's keen
+     exposure of his Nebraska sophism. He was directly asked if he
+     believed that the people of the territories have the right to
+     exclude slavery before forming a state government, but he
+     refused to give his opinion, saying that it was a question to
+     be determined by the Supreme Court. Trumbull then exposed with
+     great force Douglas's equivocal platform of popular
+     sovereignty, which means one thing at the South and another at
+     the North. The "Little Giant" was fairly smoked out.
+
+Charles Sumner writes to E. L. Pierce, March 21:
+
+     Trumbull is a hero, and more than a match for Douglas.
+     Illinois, in sending him, has done much to make me forget that
+     she sent Douglas. You will read the main speech which is able;
+     but you can hardly appreciate the ready courage and power with
+     which he grappled with his colleague and throttled him. We are
+     all proud of his work.
+
+S. P. Chase, Executive Office, Columbus, Ohio, April 14, 1856, writes:
+
+     I have read your speech with great interest. It was
+     timely--exactly at the right moment and its logic and statement
+     are irresistible. How I rejoice that Illinois has sent you to
+     the Senate.
+
+John Johnson, Mount Vernon, Illinois, writes:
+
+     I wish I could express the pleasure that I and many other of
+     your friends feel when we remember that we have such a man as
+     yourself in Congress, who loves liberty and truth and is not
+     ashamed or afraid to speak. Let me say that I thank the Ruler
+     of the Universe that we have got such a man into the Senate of
+     the United States.... Your influence will tell on the interests
+     of the nation in years to come.
+
+John H. Bryant, Princeton, writes:
+
+     The expectations of those who elected Mr. Trumbull to the
+     Senate have been fully met by his course in that body, those of
+     Democratic antecedents being satisfied and the Whigs very
+     happily disappointed. For Mr. Lincoln the people have great
+     respect, and great confidence in his ability and integrity.
+     Still the feeling here is that you have filled the place at
+     this particular time better than he could have done.[28]
+
+At this time Trumbull received a letter from one of the Ohio River
+counties which, by reason of the singularity of its contents as well as
+of the subsequent distinction of the writer, merits preservation:
+
+     Green B. Raum, Golconda, Pope Co., Feb. 9, '57, wishes Trumbull
+     to find out why he cannot get his pay for taking depositions at
+     the instance of the Secretary of the Interior in a lawsuit
+     involving the freedom of sixty negroes legally manumitted, but
+     still held in slavery in Crawford County, Arkansas. The
+     witnesses whose depositions were taken were living in Pope Co.,
+     Ill. Raum advanced $43.25 for witness fees and costs and was
+     engaged one month in the work, for which he charged $300. This
+     was done in May, 1855, but he had never been paid even the
+     amount that he advanced out of his own pocket.[29]
+
+In April, 1857, Trumbull received an urgent appeal from Cyrus Aldrich,
+George A. Nourse, and others in Minnesota asking him to come to that
+territory and make speeches for one month to help the Republicans carry
+the convention which had been called to frame a state constitution. He
+responded to this call and took an active part in the campaign, which
+resulted favorably to the Republican party.
+
+FOOTNOTES:
+
+[20] Edited by B. F. Stringfellow, author of _African Slavery no Evil_,
+St. Louis, 1854.
+
+[21] Cited in Villard's _John Brown_, p. 94.
+
+[22] _Cong. Globe_, Appendix, 1856. p. 118.
+
+[23] The writer of this book was intimately acquainted with the doings
+of the Emigrant Aid Societies of the country, having been connected with
+the National Kansas Committee at Chicago. The emigrants usually went up
+the Missouri River by rail from St. Louis to Jefferson City and thence
+by steamboat to Kansas City, Wyandotte, or Leavenworth. They were
+cautioned to conceal as much as possible their identity and destination,
+in order to avoid trouble. Such caution was not necessary, however,
+since the emigrants knew that their own success depended largely upon
+keeping that avenue of approach to Kansas open. Later, in the summer of
+1856, it was closed, not in consequence of any threatening language or
+action on the part of the emigrants, but because the Border Ruffians
+were determined to cut off reinforcements to the Free State men in
+Kansas. The tide of travel then took the road through Iowa and Nebraska,
+a longer, more circuitous, and more expensive route.
+
+[24] Appendix, p. 200.
+
+[25] _Cong. Globe_, 34th Congress, Appendix, p. 281.
+
+[26] In this debate Clayton, of Delaware, contended that the word
+"forever" was meant to apply to any future political body, whether
+territory or state, occupying the ground embraced in the defined limits.
+Hence he considered the Missouri Compromise unconstitutional, but he had
+opposed the Nebraska Bill because he was not willing to reopen the
+slavery agitation. _Cong. Globe_, 34th Congress, Appendix, p. 777.
+
+[27] _Cong. Globe_, 1856, p. 1371.
+
+[28] John H. Bryant, a man of large influence in central Illinois,
+brother of William Cullen Bryant.
+
+[29] Green B. Raum, Lawyer, Democrat, brigadier-general in the Union
+army in the Civil War.
+
+
+
+
+CHAPTER V
+
+THE LECOMPTON FIGHT
+
+
+In June, 1856, Lincoln wrote to Trumbull urging him to attend the
+Republican National Convention which had been called to meet in
+Philadelphia to nominate candidates for President and Vice-President and
+suggesting that he labor for the nomination of a conservative man for
+President. Trumbull went accordingly and cooeperated with N. B. Judd,
+Leonard Swett, William B. Archer, and other delegates from Illinois in
+the proceedings which led up to the futile nominations of Fremont and
+Dayton. The only part of these proceedings which interests us now is the
+fact that Abraham Lincoln, who was not a candidate for any place,
+received one hundred and ten votes for Vice-President. This result was
+brought about by Mr. William B. Archer, an Illinois Congressman, who
+conceived the idea of proposing his name only a short time before the
+voting began, and secured the cooeperation of Mr. Allison, of
+Pennsylvania, to nominate him. Archer wrote to Lincoln that if this
+bright idea had occurred to him a little earlier he could have obtained
+a majority of the convention for him. When the news first reached
+Lincoln at Urbana, Illinois, where he was attending court, he thought
+that the one hundred and ten votes were cast for Mr. Lincoln, of
+Massachusetts.
+
+He wrote to Trumbull on the 27th saying, "It would have been easier for
+us, I think, had we got McLean" (instead of Fremont), but he was not
+without high hopes of carrying the state. He was confident of electing
+Bissell for governor at all events. In August, Lincoln wrote again
+saying that he had just returned from a speaking tour in Edgar, Coles,
+and Shelby counties, and that he had found the chief embarrassment in
+the way of Republican success was the Fillmore ticket. "The great
+difficulty," he says, "with anti-slavery-extension Fillmore men is that
+they suppose Fillmore as good as Fremont on that question; and it is a
+delicate point to argue them out of it, they are so ready to think you
+are abusing Mr. Fillmore." The Fillmore vote in Illinois was 37,444.
+
+The Republican state ticket, headed by William H. Bissell for governor,
+was elected, but Buchanan and Breckinridge, the Democratic nominees,
+received the electoral vote of the state and were successful in the
+country at large. The defeat of Fremont caused intense disappointment to
+the Republicans at the time, but it was fortunate for the party and for
+the country that he was beaten. He was not the man to deal with the
+grave crisis impending. Disunion was a club already held in reserve to
+greet any Republican President. Senator Mason, of Virginia, frankly said
+so to Trumbull in a Senate debate (December 2, 1856), after the
+election:
+
+     MR. MASON: What I said was this, that if that [Republican]
+     party came into power avowing the purpose that it did avow, it
+     would necessarily result in the dissolution of the Union,
+     whether they desired it or not. It was utterly immaterial who
+     was their President; he might have been a man of straw. I
+     allude to the purposes of the party.
+
+     MR. TRUMBULL: Why, sir, neither Colonel Fremont nor any other
+     person can be elected President of the United States except in
+     the constitutional mode, and if any individual is elected in
+     the mode prescribed in the Constitution, is that cause for
+     dissolution of the Union? Assuredly not. If it be, the
+     Constitution contains within itself the elements of its own
+     destruction.[30]
+
+Four years passed ere Mr. Mason's prediction was put to the test, and
+the intervening time was mainly occupied by a continuation of the Kansas
+strife. The prevailing gloom in the Northern mind was reflected in a
+letter written by Trumbull to Professor J. B. Turner, of Jacksonville,
+Illinois, dated Alton, October 19, 1857, from which the following is an
+extract:
+
+     Our free institutions are undergoing a fearful trial, nothing
+     less, as I can conceive, than a struggle with those now in
+     power, who are attempting to subvert the very basis upon which
+     they rest. Things are now being done in the name of the
+     Constitution which the framers of that instrument took special
+     pains to guard against, and which they did provide against as
+     plainly as human language could do it. The recent use of the
+     army in Kansas, to say nothing of the complicity of the
+     administration with the frauds and outrages which have been
+     committed in that territory, presents as clear a case of
+     usurpation as could well be imagined. Whether the people can be
+     waked up to the change which their government is undergoing in
+     time to prevent it, is the question. I believe they can. I will
+     not believe that the free people of this great country will
+     quietly suffer their government, established for the protection
+     of life and liberty, to be changed into a slaveholding
+     oligarchy whose chief object is the spread and perpetuation of
+     negro slavery and the degradation of free white labor.
+
+Soon after the inauguration of Buchanan, Robert J. Walker, of
+Mississippi, was appointed by him governor of Kansas Territory. Walker
+was a native of Pennsylvania and a man of good repute. He had been
+Secretary of the Treasury under President Polk, and was the author of
+the Tariff of 1846. When he arrived in Kansas steps had already been
+taken by the territorial legislature for electing members of a
+constitutional convention with a view to admission to the Union as a
+state. Governor Walker urged the Free State men to participate in this
+election, promising them fair treatment and an honest count of votes;
+but they still feared treachery and violence and fraud in the election
+returns. Moreover, voters were required to take a test oath that they
+would support the Constitution as framed. As Walker had assured them
+that the Constitution would be submitted to a vote of the people, they
+decided to take no part in framing it, but to vote it down when it
+should be submitted.
+
+The convention met in the territorial capital, Lecompton. While it was
+in session a regular election of members of the territorial legislature
+took place, and Governor Walker had so far won the confidence of the
+Free State men that they took part in it and elected a majority of the
+members of both branches. About one month later news came that the
+constitutional convention had completed its labors and had decided not
+to submit the constitution itself to a vote of the people, but only the
+slavery clause. People could vote "For the constitution with slavery,"
+or "For the constitution with no slavery," but in no case should the
+right of property in slaves already in the territory be questioned, nor
+should the constitution itself be amended until 1864, and no amendment
+should be made affecting the rights of property in such slaves.
+
+Senator Douglas was in Chicago when this news arrived. He at once
+declared to his friends that this scheme had its origin in Buchanan's
+Cabinet. Governor James W. Geary, Walker's predecessor in office, had
+vetoed the bill calling the convention, because it contained no clause
+requiring submission of the constitution to the people; but it had been
+passed over his veto. He subsequently said, in a published letter, that
+the committees of the legislature having the matter in charge informed
+him that their friends in the South did not desire a submission clause.
+It was proved later that a conspiracy with this aim existed in
+Buchanan's Cabinet without his knowledge, and that the guiding spirit
+was Jacob Thompson, of Mississippi, Secretary of the Interior. The chief
+manager in Kansas was John Calhoun, the president of the convention, who
+had been designated also as the canvassing officer of the election
+returns under the submission clause.
+
+Buchanan was not admitted to the secret of the conspiracy until the deed
+was done. He had committed himself both verbally and in writing to the
+submission of the whole constitution to the people for ratification or
+rejection. He had pledged himself in this behalf to Governor Walker, who
+had pledged himself to the people of Kansas. Walker kept his pledge, but
+Buchanan broke his. He surrendered to the Cabinet cabal and made the
+admission of Kansas under the Lecompton Constitution the policy of his
+administration. It proved to be his ruin, as an earlier breach of
+promise had been the ruin of Pierce.
+
+Walker exposed and denounced the whole conspiracy and resigned the
+governorship, the duties of which devolved upon F. P. Stanton, the
+secretary of the territory, a man of ability and integrity, who had been
+a member of Congress from Tennessee. Stanton called the legislature in
+special session. The legislature declared for a clause for or against
+the constitution as a whole, to be voted on at an election to be held
+January 4, 1858. Stanton was forthwith removed from office by Buchanan,
+and John A. Denver was appointed governor to fill Walker's place.
+
+The stand taken by Douglas in reference to the Lecompton Constitution
+before the meeting of Congress, and the doubts and fears excited thereby
+in the minds of the leading Republicans of Illinois, are indicated in
+private letters received by Trumbull in that interval, a few of which
+are here cited:
+
+E. Peck, Chicago, November 23, 1857, says: Judge Douglas takes the
+ground openly that the _whole_ of the Kansas constitution must be
+submitted to the people for approval.
+
+C. H. Ray, chief editor of the Chicago _Tribune_, writes that Douglas is
+just starting for Washington; he says that he sent a man to the
+_Tribune_ office to remonstrate against its course toward him "while he
+is doing what we all want him to do." Dr. Ray had no faith in him.
+
+N. B. Judd, Chicago, November 24, says that Douglas took pains to get
+leading Republicans into his room to tell them that he intended to fight
+the administration on the Kansas issue.
+
+Judd, November 26, writes that Douglas tells his friends that "the whole
+proceedings in Kansas were concocted by certain members of the Cabinet
+to ruin him." He does not think that the President desires this, but he
+cannot well help himself, and the conspirators intend to use Buchanan's
+name again (for the Presidency).
+
+Lincoln wrote under date, Chicago, Nov. 30, 1857: ... What think you of
+the probable "rumpus" among the Democracy over the Kansas constitution?
+I think the Republicans should stand clear of it. In their view both the
+President and Douglas are wrong; and they should not espouse the cause
+of either because they may consider the other a little farther wrong of
+the two. From what I am told here, Douglas tried before leaving to draw
+off some Republicans on the dodge, and even succeeded in making some
+impression on one or two.
+
+A. Jonas, Quincy, December 5, is unable to say whether Douglas is
+sincere in the position he has lately taken. "Should he act right for
+once on this question, it will be with some selfish motive."
+
+William H. Bissell, governor, Springfield, December 12, thinks Douglas's
+course is dictated solely by his fears connected with the next
+senatorial election.
+
+S. A. Hurlbut, Belvidere, December 14, thinks that as between Douglas
+and the Southern politicians the latter have the advantage in point of
+logic. "If the Lecompton Constitution prevails, no amount of party
+discipline will hold more than one third of the Democratic voters in
+Illinois." He predicts that the next Democratic National Convention will
+endorse John C. Calhoun's doctrine that slavery exists in the
+territories by virtue of the Constitution.
+
+Sam Galloway, Columbus, Ohio, December 12, asks: "What means the
+movement of Douglas? Is it a ruse or a bona-fide patriotic effort? We
+don't know whether to commend or censure, and we are without any
+knowledge of the workings of his heart except as indicated in his
+speeches."
+
+W. H. Herndon, Springfield, December 16, says: "Douglas is more of a man
+than I took him to be. He has some nerve at least. I do not think he is
+honest in any particular, yet in this difficulty he is right."
+
+C. H. Ray, Chicago, December 18, asks for Trumbull's views of Douglas's
+real purposes: "We are almost confounded here by his anomalous position
+and do not know how to treat him and his overtures to the Republican
+party. Personally, I am inclined to give him the lash, but I want to do
+nothing that will damage our cause or hinder the emancipation of
+Kansas."
+
+John G. Nicolay, Springfield, December 20, has been canvassing the state
+to procure subscribers for the St. Louis _Democrat_. He had very good
+success until the "hard times" came. Then he found it necessary to
+suspend operations. He says everybody is watching the political
+developments in Washington, and he thinks that Douglas will be sustained
+by nearly all his party in Illinois. "The Federal office-holders keep
+mum and will not of course declare themselves until they are forced to
+do so."
+
+Samuel C. Parks, Lincoln, Logan County, December 26, says: Douglas is no
+better now than when he was the undisputed leader of the pro-slavery
+party. He has done more to undermine the principles upon which this
+Government was founded than any other man that ever lived.
+
+D. L. Phillips, Anna, Union County, March 2, 1858: "You need not pay any
+attention to the silly statements of the _Missouri Republican_ and other
+sheets respecting this part of the state being attached to Buchanan. It
+is simply false. The Democracy here are led by the Allens, Marshall,
+Logan, Parrish, Kuykendall, Simons, and others, and these are all for
+Douglas. John Logan is bitter against Buchanan. I think we ought all to
+be satisfied with the course of things. Let the worst come now. Better
+far than defer it, for come it will and must."
+
+The first session of the Thirty-fifth Congress began on the 7th of
+December, 1857. President Buchanan's first message was largely concerned
+with the affairs of Kansas. He spoke of the framers of the Topeka
+Constitution as a "revolutionary organization," and said that the
+Lecompton Constitution was the work of the lawfully constituted
+authorities. He conceded that the submission clause of the Lecompton
+instrument fell short of his own intentions and expectations, but
+insisted that the slavery question was the only matter of dispute and
+that that was actually submitted to the popular vote.
+
+Trumbull was the first Senator to expose these unfounded assumptions,
+and this he did in a brief argument as soon as the reading of the
+message was finished. He showed, in the first place, that the Topeka
+Constitution was no whit more "revolutionary" or irregular than the
+Lecompton one, and one of the authorities whom he cited to sustain his
+contention was Buchanan himself, who, in a parallel case, had contended
+that the territorial legislature of Michigan had no authority to call a
+convention to frame a state constitution, and that any such proceeding
+was "an act of usurpation." This was not necessarily conclusive as to
+anybody but Buchanan. Yet in another case cited, that of Arkansas, where
+a territorial legislature was considering an act for the calling of a
+convention to frame a state constitution and where the governor had
+asked instructions from President Jackson as to his duty in the
+premises, the Attorney-General had held that such an act of the
+Legislature would be without authority and absolutely void. (This case
+had been cited by Douglas the previous year, in an argument against the
+Topeka Constitution.) The only regular proceeding was for Congress to
+pass an enabling act, on such terms and conditions as it might
+prescribe, under which the people might form a constitution preparatory
+to admission to the Union. Any other mode of accomplishing the same
+result, whether initiated by a popular assembly, as at Topeka, or by the
+legislature, as at Lecompton, was in the nature of a petition which
+Congress might respond to favorably, and thus legalize, or not. Neither
+of these modes of beginning had any higher authority than the other.
+Therefore, the underpinning of President Buchanan's first argument was
+knocked out by two citations of authority which he could not controvert.
+
+His second argument, that the slavery clause in the Lecompton
+Constitution, the only thing in controversy, was submitted to the
+popular vote, was easily demolished. The submission clause, said Mr.
+Trumbull, "amounts simply to giving the free white people of Kansas a
+right to determine the condition of a few negroes hereafter to be
+brought into the state, and nothing more; the condition of those now
+there cannot be touched."
+
+On the following day, Senator Douglas made his speech against the
+Lecompton Constitution. It had been eagerly expected, and the galleries
+and floor were crowded. From his own standpoint it was a very strong
+argument, and was received with vociferous applause, contrary to the
+rules of the Senate. It left Buchanan with not a rag to cover him. It
+was the first public speech Douglas had ever made which went counter to
+the wishes of the Southern people. So when he said,--"I will go as far
+as any of you to save the party. I have as much heart in the great cause
+that binds us together as a party as any man living; I will sacrifice
+anything short of principle and honor for the peace of the party; but if
+the party will not stand by its principles, its faith, its pledges, I
+will stand there and abide whatever consequences may result from the
+position,"--we must believe that he was sincere and must respect him
+for his courage. But his standpoint was that of one who "did not care
+whether slavery was voted down or voted up." It represented no high
+principle; the only right he contended for was the right of the people
+to decide for themselves whether they would have a particular banking
+system, or none at all; a Maine liquor law; or a railroad running this
+way or that way; and finally whether they would have a slave code or
+not. Great speeches are not kindled with such short stubble.
+
+One thing hinted at in this speech was that Buchanan had been so
+frightened by the revolt in the party against the Lecompton Constitution
+that he had taken steps to have the pro-slavery clause rejected at the
+coming election, by the very people who had framed it. "I think I have
+seen enough in the last three days," he said, "to make it certain that
+it will be _returned out_, no matter how the vote may stand." In a later
+debate, February 4, Douglas said:
+
+     I made my objection [against the Lecompton Constitution] at a
+     time when the President of the United States told all his
+     friends that he was perfectly sure the pro-slavery clause would
+     be voted down. I did it at a time when all or nearly all the
+     Senators on this floor supposed the pro-slavery clause would be
+     stricken out. I assumed in my speech that it was to be returned
+     out, and that the constitution was to come here with that
+     article rejected.[31]
+
+If Buchanan had that intention he was not able to carry it into effect.
+
+Douglas at this time contemplated an alliance with the Republicans. His
+state of mind is pictured in a letter written by Henry Wilson to Rev.
+Theodore Parker, dated Washington, February 28, 1858, of which the
+following is an extract:[32]
+
+     I say to you in confidence that you are mistaken in regard to
+     Douglas. He is as sure to be with us in the future as Chase,
+     Seward, or Sumner. I leave motives to God, but he is to be with
+     us, and he is to-day of more weight to our cause than any ten
+     men in the country. I know men and I know their power, and I
+     know that Douglas will go for crushing the Slave Power to
+     atoms. To use his own words to several of our friends _this
+     day_ in a three-hours' consultation: "We must grind this
+     administration to powder; we must punish every man who supports
+     this crime, and _we must prostrate forever the Slave Power_,
+     which uses Presidents and dishonors and disgraces them."
+
+Similar testimony is found in the Trumbull correspondence, to wit:
+
+     Jesse K. Dubois, state Auditor, Springfield, March 22, 1858,
+     says he has a letter from Ray, of the Chicago _Tribune_, who
+     says that Sheahan, of the _Times_, who has just returned to
+     Washington, says that (1) Lecompton will be defeated; (2) that
+     the Republicans shall have all the majority they like in the
+     next Illinois legislature, to favor which he wants to unite
+     with us in all doubtful counties or rather help us by running
+     Douglas legislative tickets "(N. B. I do not see the point of
+     this)"; (3) he concedes us the Senator, and says Douglas is
+     willing to go into private life for a brief period, but
+     protests that we must not sacrifice their Congressmen who run
+     again on the Lecompton issue, if any one of them desires to go
+     back; (4) they will run candidates for Congress in every
+     district, but without hope of electing one in the four northern
+     districts "(N. B. I should think this is an easy matter)"; (5)
+     Douglas is willing to retire, and if he beats Lecompton, to
+     take his chances by and by; (6) Douglas and his friends have
+     had a caucus in Washington and they agree so to shape matters,
+     if possible, with Republican aid, as to return to the next
+     Congress an unbroken phalanx of anti-Lecompton men, and break
+     down the administration by making it harmless at home and
+     abroad; (7) the fight is to the death, _a l'outrance_, and
+     cannot be discontinued, no matter what comes up. Ray seems to
+     think Sheahan is honest in what he says, and has no doubt that
+     he speaks for Douglas.
+
+     A. Jonas, Quincy, April 11, says that letters have been
+     received from Chicago and Springfield implying that a
+     coalition is forming between a portion of the Republican party
+     on the one hand and Douglas and his followers on the other. He
+     protests strongly against any such coalition and declares it
+     can never be carried into effect. "To suppose that the
+     Republicans of this District can under any circumstances be
+     induced to support such a political demagogue and trickster as
+     Isaac N. Morris is to believe them capable of worshiping Satan
+     or submitting to the dictation of the slave oligarchy."
+
+     W. H. Herndon, Springfield, April 12, has just returned from
+     the East. He speaks of Greeley's "puffs" of Douglas, which he
+     regards as demoralizing to the Republicans of Illinois. "I
+     heard Greeley handled quite roughly by the candidate for
+     lieutenant-governor of Wisconsin, a very intelligent German. He
+     spoke to Greeley in my presence and said that Wisconsin stood
+     by Illinois and was not for sale."
+
+     E. Peck, Chicago, April 15: "Dr. Brainard has had a talk with
+     Dr. Ray, the substance of which was that we should consent to
+     run Douglas as our candidate for the House of Representatives
+     from this district. What does this mean? Can Brainard have any
+     authority to make such a proposition? Ray has been advising
+     with me, and we are both in the clouds. I requested permission
+     to write to you for your opinion before any opinions were
+     expressed here. Mr. Colfax may be able to tell you something of
+     the opinions of Douglas. I am shy in believing, and more shy in
+     confiding, ... yet Ray believes that Brainard was authorized by
+     Douglas to make the proposition."
+
+     N. B. Judd, Chicago, April 19, says that if the Lecompton Bill
+     is passed, Douglas is laid on the shelf. The Buchanan party in
+     Chicago is of no consequence, "great cry and little wool." We
+     shall have to fight the Democratic party as a unit. "How
+     Douglas is to be the Democratic party in Illinois and the ally
+     of the Republicans outside of the state is a problem which
+     those, who are arranging with him, ought to know how to work
+     out."
+
+Overtures to the Republicans of Illinois did not come from Douglas only.
+Here is one of a different hue:
+
+     George T. Brown, Alton, February 24, urges the appointment of
+     J. E. Starr (Buchanan Democrat) as postmaster at Alton.
+     "Slidell opened the way for you to talk to him and you can
+     easily do so. The Administration is very desirous that you
+     should not oppose their appointments, and will give you
+     anything."
+
+The foregoing letter betokens a sudden change of mind in administration
+circles at Washington, as is evidenced by the following communication
+which Trumbull had received from one of his constituents a few weeks
+earlier:
+
+     B. Werner, Caseyville, January 4, refers to a former letter
+     enclosing a petition for the establishment of a post-office at
+     Caseyville. Hearing nothing of the matter, he went to see Mr.
+     Armstrong, the postmaster at St. Louis, narrated the facts, and
+     asked whether any order had been received by him respecting it.
+     "He asked me to whom I had sent the petition. I told him to
+     you. He replied if I had sent the petition to Robert Smith
+     (Dem. M.C.) the matter would have been attended to, but as Mr.
+     Trumbull was a Black Republican, the department would not pay
+     any attention to it."
+
+On the 2d of February, 1858, President Buchanan sent a special message
+to Congress with a copy of the Lecompton Constitution, and recommended
+that Kansas be admitted to the Union as a state under it. In this
+message he made reference to the Dred Scott decision, which had been
+pronounced by the Supreme Court in the previous March. On this point the
+message said:
+
+     It has been solemnly adjudged by the highest tribunal known to
+     our laws that slavery exists in Kansas by virtue of the
+     Constitution of the United States. Kansas is, therefore, at
+     this moment as much a slave state as Georgia, or South
+     Carolina.
+
+Trumbull made a speech on the special message as soon as the reading of
+it was finished by the secretary. He reviewed the action of Governor
+Walker, which, in the beginning, had been avowedly taken with the view
+of creating and promoting a Free State Democratic party in Kansas, to
+which end he had made use of the soldiers placed at his disposal by the
+President. That this was an act of usurpation was conclusively shown by
+Trumbull, although Walker claimed that it had served the desirable
+purpose of preventing an armed collision between the contending
+factions. Trumbull then touched upon the Dred Scott case and maintained
+that the Supreme Court had likewise usurped authority by pronouncing an
+opinion on a case not before it. The court had virtually dismissed the
+case for want of jurisdiction. It had decided that Dred Scott was not a
+citizen and had no right to bring this action. There was no longer any
+case before the judges who so held. "Their opinions," said Trumbull,
+"are worth just as much as, and no more than, the opinions of any other
+gentlemen equally respectable in the country." Consequently, President
+Buchanan's assertion that Kansas was then as much a slave state as
+Georgia or South Carolina was unfounded and preposterous. Seward,
+Fessenden, and the Republican Senators generally held to this doctrine,
+but Senator Benjamin, of Louisiana, replied with considerable force that
+it was competent for the court to decide on what grounds it would give
+its decision, and that it did, in so many words, elect to decide the
+question of slavery in the territories, which was the principal question
+raised by the counsel of Dred Scott. That the decision had an aim
+different from the settlement of Dred Scott's claim, and that this aim
+was political, is now sufficiently established. It is also established
+that Dred Scott never took any steps consciously to secure freedom, but
+that the action was brought in his name by some speculating lawyers in
+St. Louis to secure damages or wages from the widow of Scott's master,
+Dr. Emerson.[33] One additional fact is supplied by a letter in the
+Trumbull correspondence, showing how the money was collected to pay the
+plaintiff's court costs.
+
+     G. Bailey, Washington, May 12, 1857, writes, that when the case
+     of Dred Scott was first brought to the notice of Montgomery
+     Blair, he applied to him (Bailey) to know what to do. Blair
+     said he would freely give his services without charge if Bailey
+     would see to the necessary expenses of the case. Not having an
+     opportunity to confer with friends, Bailey replied that he
+     would become responsible. He had no doubt the necessary money
+     could be raised. On this assurance he proceeded, the case was
+     tried, and the result was before the country. Mr. Blair had
+     just rendered the bill of costs: $63.18 for writ of error and
+     $91.50 for printing briefs; total, $154.68. "May I be so bold,
+     my dear sir, as to ask you to contribute two dollars toward the
+     payment of this bill. I am now writing to seventy-five of the
+     Rep. Members of the late Congress, and if they will answer me
+     promptly, each enclosing the quota named, I can discharge the
+     bill by myself paying a double share."
+
+     _Mem._: $2 sent by Trumbull June 20th, '57.
+
+The debate in the Senate on the Lecompton Bill continued till March 23.
+The best speech on the Republican side was made by Fessenden, of Maine,
+than whom a more consummate debater or more knightly character and
+presence has not graced the Senate chamber in my time, if ever. On the
+administration side the laboring oar was taken by Toombs, who spoke with
+more truculence than he had shown in the Thirty-fourth Congress.
+Jefferson Davis, who had been returned to the Senate after serving as
+Secretary of War under Pierce, bore himself in this debate with decorum
+and moderation.
+
+The Lecompton Bill passed the Senate, but was disagreed to by the House,
+and a conference committee was appointed which adopted a bill proposed
+by Congressman English, of Indiana, which offered a large bonus of lands
+to Kansas, for schools, for a university, and for public buildings, if
+she would vote to come into the Union under the Lecompton Constitution
+now. If she would not so vote, she should not have the lands and should
+not come into the Union until she should have a population sufficient
+to elect one member of Congress on the ratio prescribed by law. The form
+of submission to a popular vote was to be: "Proposition accepted," or
+"Proposition rejected." If there was a majority of acceptances, the
+territory should be admitted as a state at once. Senator Seward and
+Representative Howard, Republican members of the conference committee,
+dissented from the report. This bill passed the House.
+
+Douglas made a dignified speech against the English Bill, showing that
+it was in the nature of a bribe to the people to vote in a particular
+way. Although he did not think that the bribe would prevail, he could
+not accept the principle. The bill nevertheless passed on the last day
+of April, and on the 2d of August the English proposition was voted down
+by the people of Kansas by an overwhelming majority. The Lecompton
+Constitution thus disappeared from sublunary affairs, and John Calhoun
+disappeared from Kansas as soon as steps were taken to look into the
+returns of previous elections canvassed by him.
+
+The opinion of a man of high position on the attitude of President
+Buchanan toward Lecomptonism is found in another letter to Trumbull:
+
+     J. D. Caton, chief justice of the supreme court of Illinois,
+     Ottawa, March 6, 1858, does not think all the Presidents and
+     all the Cabinets and all the Congresses and all the supreme
+     courts and all the slaveholders on earth, with all the
+     constitutions that could be drawn, could ever make Kansas a
+     slave state. "No, there has been no such expectation, and I do
+     not believe desire on the part of the present administration to
+     make it a slave state, but as he [Buchanan] had already been
+     pestered to death with it, he resolved to make it a state as
+     soon as possible, and thus being rid of it, let them fight it
+     out as they liked. In this mood the Southern members of the
+     Cabinet found him when the news came of that Lecompton
+     Constitution being framed, and he committed himself, thinking,
+     no doubt, that Douglas would be hot for it and that there would
+     be no general opposition in his own party to it.... You say
+     that the slave trade will be established in every state in the
+     Union in five years if the Democratic party retains power! As
+     Butterfield told the Universalist preacher, who was proving
+     that all men would be saved, 'We hope for better things.'"
+
+FOOTNOTES:
+
+[30] _Cong. Globe_, vol. 42, p. 16.
+
+[31] _Cong. Globe_, 85th Cong., 1st Sess., p. 571.
+
+[32] Lincoln and Herndon, by Joseph Fort Newton, p. 148.
+
+[33] Frederick Trevor Hill in _Harper's Magazine_, July, 1907.
+
+
+
+
+CHAPTER VI
+
+THE CAMPAIGN OF 1858 AND THE JOHN BROWN RAID
+
+
+The events described in the preceding chapter left Senator Douglas still
+the towering figure in national politics. Although he had contributed
+but a small part of the votes in the Senate and House by which the
+Lecompton Bill had been defeated, he had furnished an indispensable
+part. He had humbled the Buchanan administration. He had delivered
+Kansas from the grasp of the Border Ruffians. What he might do for
+freedom in the future, if properly encouraged, loomed large in the
+imagination of the Eastern Republicans. Greeley, Seward, Banks, Bowles,
+Burlingame, Henry Wilson, and scores of lesser lights were quoted as
+desiring to see him returned to the Senate by Republican votes. Some
+were even willing to support him for the Presidency.
+
+The Republicans of Illinois did not share this enthusiasm. Not only had
+they fixed upon Lincoln as their choice for Senator, but they felt that
+they could not trust Douglas. He still said that he cared not whether
+slavery was voted down or voted up. That was the very thing they did
+care about. Could they assume that, after being reelected by their votes
+and made their standard-bearer, he would be a new man, different from
+the one he had been before? And if he remained of the same opinions as
+before, what would become of the Republican party? Who could answer for
+the demoralizing effects of taking him for a leader? The views of the
+party leaders in Illinois are set forth at considerable length in
+letters received by Senator Trumbull, the first one from Lincoln
+himself:
+
+    BLOOMINGTON, December 28, 1857.
+
+    HON. LYMAN TRUMBULL,
+
+     DEAR SIR: What does the New York _Tribune_ mean by its constant
+     eulogizing and admiring and magnifying Douglas? Does it, in
+     this, speak the sentiments of the Republicans at Washington?
+     Have they concluded that the Republican cause generally can be
+     best promoted by sacrificing us here in Illinois? If so, we
+     would like to know it soon; it will save us a great deal of
+     labor to surrender at once.
+
+     As yet I have heard of no Republican here going over to
+     Douglas, but if the _Tribune_ continues to din his praises into
+     the ears of its five or ten thousand readers in Illinois, it is
+     more than can be hoped that all will stand firm. I am not
+     complaining, I only wish for a fair understanding. Please write
+     me at Springfield.
+
+    Your obt. servant,
+
+    A. LINCOLN.
+
+C. H. Ray, Chicago, March 9, 1858, protests against any trading with
+Douglas on the basis of reelecting him to the Senate by Republican
+votes. The Republicans of Illinois are unanimous for Lincoln and will
+not swerve from that purpose. Thinks that Douglas is coming to the
+Republican camp and that the disposal of him will be a difficult problem
+unless he will be content with a place in the Cabinet of the next
+Republican President.
+
+J. K. Dubois, Springfield, April 8, says that Hatch (secretary of state)
+and himself were in Chicago a few days since. Found every man there firm
+and true--Judd, Peck, Ray, Scripps, W. H. Brown, etc. Herndon has just
+come home; says that Wilson, Banks, Greeley, etc., are for returning
+Douglas to the Senate. "God forbid! Are our friends crazy?"
+
+J. M. Palmer, Carlinville, May 25:
+
+     We feel here that we have fought a strenuous and
+     well-maintained battle with Douglas, backed up by the whole
+     strength of the Federal patronage, and have won some prospect
+     of overthrowing him and placing Illinois permanently in the
+     ranks of the party of progress, whether called Republican or by
+     some other name, and now, by a "Wall street operation,"
+     Lincoln, to whom we are all under great obligations, and all
+     our men who have borne the heat and burden of the day, are to
+     be kicked to one side and we are to throw up our caps for Judge
+     Douglas, and he very coolly tells us all the time that we are
+     Abolitionists and negro worshipers and that he accepts our
+     votes as a favor to us! Messrs. Greeley, Seward, Burlingame,
+     etc., are presumed to be able to estimate themselves properly,
+     and if they fix only that value on themselves, no one has a
+     right to complain, but if I vote for Douglas under such
+     circumstances, may I be ----. I don't swear, but you may fill
+     this blank as you please. Yet I have no personal feelings
+     against Douglas.... Lincoln and his friends were under no
+     obligation to us in that controversy [of 1855]. We had, though
+     but five, refused to vote for him under circumstances that we
+     thought, at the time, furnished good reason for our refusal. We
+     elected an anti-Nebraska Democrat to the Senate, by his aid
+     most magnanimously rendered, and that result placed us, through
+     you, on the highest possible ground in the new party. If you
+     had not been elected, we should have been a baffled faction at
+     the tail of an alien organization. We have, as a consequence,
+     an anti-Nebraska Democrat for governor, and our men are the
+     bone and sinew of the new organization, though we are in a
+     minority. In all these results Lincoln has contributed his
+     efforts and the Whig element have cooeperated. For myself,
+     therefore, I am unalterably determined to do all that I can to
+     elect Lincoln to the Senate. _I_ cannot elect him, but I can
+     give him and all his friends conclusive proof that I am
+     animated by honor and good faith, and will stand up for his
+     election until the Republican party, including himself and his
+     personal friends, say we have done enough. Hence no arrangement
+     that looks to the election of Douglas by Republican votes, that
+     does not meet the approval of Lincoln and his friends, can meet
+     my approval.
+
+The chief difficulty was that Douglas had never established for himself
+a character for stability. People did not know what they could depend
+upon in dealing with him. Other questions than Lecompton would soon come
+up, as to which his course would be uncertain. Who could say whether he
+would look northward or southward for the Presidency two years hence?
+
+Douglas knew that he need not look in either direction unless he could
+first secure his reelection to the Senate. Bear-like, tied to a stake,
+he must fight the course. His campaign against Lincoln for the
+senatorship does not properly appertain to the Life of Trumbull,
+although the latter took an active part in it. The author's
+recollections and memoranda of that campaign were contributed to another
+publication.[34] He recalls with pity the weary but undaunted look,
+after nearly four months of incessant travel and speaking, of the Little
+Giant, whose health was already much impaired. A letter from Fessenden
+to Trumbull, dated November 16, 1856, spoke of him as "a dying man in
+almost every sense, unless he mends speedily--of which, I take it, there
+is little hope." In the Senate debates from 1855 on, he often spoke of
+his bad health, and in one instance he got out of a sick-bed to vote on
+the Lecompton Bill. The campaign of 1858 was a severe drain on his
+remaining strength, but in manner and mien he gave no sign of the waste
+and exhaustion within.
+
+The Trumbull papers contain some contemporary notes on the campaign of
+1858. The Buchanan Democrats in Illinois gave themselves the
+high-sounding title of the National Democracy. By the Douglas men they
+were called "Danites," a name borrowed from the literature of Mormondom.
+Traces of this sect are found in the following letters:
+
+     D. L. Phillips, Anna, Union County, February 16, 1858, says
+     that Hon. John Dougherty will start in a few days for
+     Washington to console the President and look for an office for
+     himself. (He obtained the Marshalship of southern Illinois.)
+
+     W. H. Herndon, Springfield, July 8:
+
+     Mr. Lincoln was here a moment ago and told me that he had just
+     seen Col. Dougherty and had a conversation with him. He told
+     Lincoln that the National Democracy intended to run in every
+     county and district, a National Democrat for each and every
+     office. Lincoln replied, "If you do this the thing is settled."
+     ... Lincoln is very certain as to Miller's and Bateman's
+     election (on the state ticket), but is gloomy and rather
+     uncertain about his own success.
+
+Lincoln's own thoughts respecting the Danites are set forth incidentally
+in the following letter:
+
+    SPRINGFIELD, June 23, 1858.
+
+    HON. LYMAN TRUMBULL,
+
+     MY DEAR SIR: Your letter of the 16th reached me only yesterday.
+     We had already seen by telegraph a report of Douglas's
+     onslaught upon everybody but himself. I have this morning seen
+     the Washington _Union_, in which I think the Judge is rather
+     worsted in regard to the onslaught.
+
+     In relation to the charge of an alliance between the
+     Republicans and the Buchanan men in the state, if being rather
+     pleased to see a division in the ranks of Democracy, and not
+     doing anything to prevent it, be such an alliance, then there
+     is such an alliance. At least, that is true of me. But if it be
+     intended to charge that there is any alliance by which there is
+     to be any concession of principle on either side, or furnishing
+     of sinews, or partition of offices, or swapping of votes to any
+     extent, or the doing of anything, great or small, on the one
+     side for a consideration expressed or implied on the other, no
+     such thing is true so far as I know or believe.
+
+     Before this reaches you, you will have seen the proceedings of
+     our Republican State Convention. It was really a grand affair
+     and was in all respects all that our friends could desire.
+
+     The resolution in effect nominating me for Senator was passed
+     more for the object of closing down upon the everlasting
+     croaking about Wentworth than anything else. The signs look
+     reasonably well. Our state ticket, I think, will be elected
+     without much difficulty. But with the advantages they have of
+     us, we shall be hard run to carry the legislature. We shall
+     greet your return home with great pleasure.
+
+    Yours very truly,
+
+    A. LINCOLN.
+
+The only counties in the state in which the Danites showed any vitality
+were Union County in the south and Bureau County in the north. They
+polled only 5079 votes in the whole state.
+
+The influence of the Eastern Republicans, who were inclined to support
+Douglas at the beginning of the campaign, and especially that of the New
+York _Tribune_, is noted by Judd and Herndon.
+
+     N. B. Judd, Chicago, July 16:
+
+     We have lost some Republicans in this region.... You may
+     attribute it to the course of the New York _Tribune_, which has
+     tended to loosen party ties and induce old Whigs to look upon
+     D.'s return to the Senate as rather desirable. You ought to
+     come to Illinois as soon as you can by way of New York and
+     straighten out the newspapers there. Even the _Evening Post_
+     compares Douglas to Silas Wright. Bah!
+
+W. H. Herndon, Springfield, July 22:
+
+     There were some Republicans here--more than we had any idea
+     of--who had been silently influenced by Greeley, and who
+     intended to go for Douglas or not take sides against him. His
+     speech here aroused the old fires and now they are his enemies.
+     Has received a letter from Greeley in which he says: "Now,
+     Herndon, I am going to do all I reasonably can to elect
+     Lincoln."
+
+N. B. Judd, Chicago, December 26 (after the election), says:
+
+     Horace Greeley has been here lecturing and doing what mischief
+     he could. He took Tom Dyer [Democrat, ex-mayor] into his
+     confidence and told him all the party secrets that he knew,
+     such as that we had been East and endeavored to get money for
+     the canvass and that we failed, etc.;--a beautiful chap he is,
+     to be entrusted with the interests of a party. Lecturing is a
+     mere pretense. He is running around to our small towns with
+     that pretense, but really to head off the defection from his
+     paper. It is being stopped by hundreds.
+
+A. Jonas, Quincy, same date:
+
+     H. Greeley delivered a lecture before our lyceum last
+     evening--a large crowd to hear him. John Wood, Browning,
+     myself, and others talked to him very freely about the course
+     of the _Tribune_ in the late campaign. He acknowledged we were
+     right.
+
+The Douglas men elected a majority of the legislature, but did not have
+a majority, or even a plurality, of the popular vote. So it appears from
+a letter to Trumbull, the existence of which the author himself had
+forgotten.
+
+     Horace White, Chicago, January 10, 1859, sends a table of votes
+     cast for members of the legislature in the election of 1858,
+     showing a plurality of 4191 for Republican candidates for the
+     House of Representatives.
+
+     W. H. Herndon, Springfield, says that Lincoln was defeated in
+     the counties of Sangamon, Morgan, Madison, Logan, and Mason--a
+     group of counties within a radius of eighty miles from the
+     capital. They were men from Kentucky, Tennessee, and Virginia
+     mainly, old-line Whigs, timid, but generally good men,
+     supporters of Fillmore in the election of 1856. "These men must
+     be reached in the coming election of 1860. Otherwise Trumbull
+     will be beaten also."
+
+    SPRINGFIELD, January 29,1859.
+
+    HON. LYMAN TRUMBULL,
+
+     DEAR SIR: I have just received your late speech in pamphlet
+     form, sent me by yourself. I had seen and read it before in a
+     newspaper and I really think it a capital one. When you can
+     find leisure, write me your present impression of Douglas's
+     movements.
+
+     Our friends here from different parts of the state, in and out
+     of the legislature, are united, resolute, and determined, and I
+     think it almost certain that we shall be far better organized
+     in 1860 than ever before.
+
+     We shall get no just apportionment (of legislative districts)
+     and the best we can do--if we can do that--is to prevent one
+     being made worse than the present.
+
+    Yours as ever,
+
+    A. LINCOLN.
+
+A letter from Lincoln following the campaign of 1858, is appended as
+showing the cordial relations existing between himself and Trumbull. The
+latter had written to him from Washington under date January 29, 1859,
+saying that John Wentworth had written an article, intended for
+publication in the Chicago _Journal_ (but which the editor of that paper
+had refused to print), imputing bad faith toward Lincoln on the part of
+N. B. Judd, B. C. Cook, and others, including Trumbull, in the last
+senatorial campaign. Trumbull had received a copy of this article, and
+as its object was to create enmity between friends, and as it would
+probably be published somewhere, he wished to assure Lincoln that the
+statements and insinuations contained in it were wholly false. To this
+Lincoln replied as follows:
+
+    SPRINGFIELD, February 3, 1859.
+
+    HON. L. TRUMBULL,
+
+     MY DEAR SIR: Yours of the 29th is received. The article
+     mentioned by you, prepared for the Chicago _Journal_, I have
+     not seen; nor do I wish to see it, though I heard of it a month
+     or more ago. Any effort to put enmity between you and me is as
+     idle as the wind. I do not for a moment doubt that you, Judd,
+     Cook, Palmer, and the Republicans generally coming from the old
+     Democratic ranks, were as sincerely anxious for my success in
+     the late contest as myself, and I beg to assure you beyond all
+     possible cavil that you can scarcely be more anxious to be
+     sustained two years hence than I am that you shall be
+     sustained. I cannot conceive it possible for me to be a rival
+     of yours or to take sides against you in favor of any rival.
+     Nor do I think there is much danger of the old Democratic and
+     Whig elements of our party breaking into opposing factions.
+     They certainly shall not if I can prevent it.
+
+    Yours as ever,
+
+    A. LINCOLN.
+
+Twenty days after this letter was penned, there was a debate in the
+Senate which was an echo of the Illinois campaign, which must have been
+extremely interesting to both Lincoln and Trumbull. In a debate with
+Douglas in 1856, as already noted, Trumbull had asked him whether, under
+his doctrine of popular sovereignty, the people could prohibit slavery
+in a territory before they came to form a state constitution. He replied
+that that was a judicial question to be settled by the courts, and that
+all good Democrats would bow to the decision of the Supreme Court
+whenever it should be made. At Freeport, in the campaign of 1858,
+Lincoln put the same question to him in a slightly different form.
+
+On the 23d of February, 1859, there was a Senate debate on this
+question, in which Douglas contended that the Democratic party, by
+supporting General Cass in 1848, had endorsed the same opinion that he
+(Douglas) had maintained at Freeport, since Cass, in his so-called
+"Nicholson Letter," had affirmed the doctrine of squatter sovereignty as
+to slavery in the territories. Douglas now contended that every Southern
+state that gave its electoral vote to Cass, including Mississippi, was
+committed to the doctrine that the people of a territory could lawfully
+exclude slavery while still in a territorial condition. Jefferson Davis
+replied:
+
+     The State of Mississippi voted [in 1848] under the belief that
+     that letter meant no more than that when the territory became a
+     state, it had authority to decide that question.... If it had
+     been known that the venerable candidate then of the Democratic
+     party, and now Secretary of State, held the opinion which he so
+     frankly avowed at a subsequent period on the floor of the
+     Senate, I tell you, sir [addressing Douglas], he would have had
+     no more chance to get the vote of Mississippi than you with
+     your opinions would have to-day.[35]
+
+On the 2d of February, 1860, Davis introduced a series of resolutions in
+the Senate of a political character evidently intended to head off
+Douglas at the coming Charleston Convention; or, failing that, to pave
+the way for the withdrawal of the delegates of the cotton-growing
+states. The fourth resolution was directed against the Douglas doctrine
+of unfriendly legislation, thus:
+
+     _Resolved_, That neither Congress nor a territorial
+     legislature, whether by direct legislation or legislation of
+     indirect and unfriendly nature, possesses the power to annul or
+     impair the constitutional right of any citizen of the United
+     States to take his slave property into the common territories;
+     but it is the duty of the Federal Government there to afford
+     for that, as for other species of property, the needful
+     protection; and if experience should at any time prove that the
+     judiciary does not possess power to insure adequate protection,
+     it will then become the duty of Congress to supply such
+     deficiency.
+
+The Senate debate between Douglas and his Southern antagonists was
+resumed in May, after the explosion of the Charleston Convention.
+Douglas made a two days' speech (May 15 and 16) occupying four hours
+each day, but did not mention the subject of unfriendly legislation, or
+show how a territorial legislature could nullify or circumvent the Dred
+Scott decision. He was answered by Benjamin, of Louisiana, in a speech
+which made a sensation throughout the country, and in which the
+doctrine of unfriendly legislation was mauled to tatters. Benjamin was
+the first Southern statesman to make his bow to the rising fame of
+Lincoln. After examining the Freeport debate, he said:
+
+     We accuse him [Douglas] for this, to-wit: that, having
+     bargained with us upon a point upon which we were at issue,
+     that it should be considered a judicial question; that he would
+     abide the decision; that he would act under the decision and
+     consider it a doctrine of the party; that, having said that to
+     us here in the Senate, he went home, and under the stress of a
+     local election his knees gave way; his whole person trembled.
+     His adversary stood upon principle and was beaten, and lo, he
+     is the candidate of a mighty party for Presidency of the United
+     States. The Senator from Illinois faltered; he got the prize
+     for which he faltered, but lo, the prize of his ambition slips
+     from his grasp, because of the faltering which he paid as the
+     price of the ignoble prize--ignoble under the circumstances
+     under which he obtained it.[36]
+
+There are scores of letters in Trumbull's correspondence calling for
+copies of Benjamin's speech, yet it had no effect in Illinois, the
+Danite vote being smaller in 1860 than it had been in 1858. Probably it
+had influence in the National Democratic Convention at Charleston, from
+which the delegates from ten Southern States seceded in whole or part
+when the Douglas platform was adopted. This split was followed by an
+adjournment to Baltimore, where a second split took place, Douglas being
+nominated by one faction and Breckinridge, of Kentucky, by the other.
+
+       *       *       *       *       *
+
+Fifty years have passed since John Brown, with twenty-one men, seized
+the Government armory and arsenal at Harper's Ferry (October 16, 1859),
+in an attempt to abolish slavery in the United States. As sinews of
+war, he had about four thousand dollars, or dollars' worth of material
+of one kind and another. With such resources he expected to do something
+which the Government itself, with more than a million trained soldiers,
+five hundred warships, and three billions of dollars, accomplished with
+difficulty at the end of a four years' war, during which no negro
+insurrection, large or small, took place. One might think that the
+scheme itself was evidence of insanity. But to prove Brown insane on
+this ground alone, we must convict also the persons who plotted and
+cooeperated with him and who furnished him money and arms, knowing what
+he intended to do with them. Some of these were men of high intelligence
+who are still living without strait-jackets, and it is not conceivable
+that they aided and abetted him without first estimating, as well as
+they were able, the chances of success. Yet Brown refused to allow his
+counsel to put in a plea of insanity on his trial, saying that he was no
+more insane then than he had been all his life, which was probably true.
+If he was not insane at the time of the Pottawatomie massacre, he was a
+murderer who forfeited his own life five times in one night by taking
+that number of lives of his fellow men in cold blood.
+
+I saw and talked with Brown perhaps half a dozen times at Chicago during
+his journeys to and from Kansas. He impressed me then as a religious
+zealot of the Old Testament type, believing in the plenary inspiration
+of the Scriptures and in himself as a competent interpreter thereof. But
+the text "Vengeance is mine, saith the Lord, I will repay," never
+engaged his attention. He was oppressed with no doubts about anything,
+least of all about his own mission in the world. His mission was to
+bring slavery to an end, but that was a subject that he did not talk
+about. He was a man of few words, and was extremely reticent about his
+plans, even those of ordinary movements in daily life. He had a square
+jaw, clean-shaven, and an air of calmness and self-confidence, which
+attracted weaker intellects and gave him mastery over them. He had
+steel-gray eyes, and steel-gray hair, close-cropped, that stood stiff on
+his head like wool cards, giving him an aspect of invincibleness. When
+he applied to the National Kansas Committee for the arms in their
+possession after the Kansas war was ended, he was asked by Mr. H. B.
+Hurd, the secretary, what use he intended to make of them. He refused to
+answer, and his request was accordingly denied. The arms were voted back
+to the Massachusetts men who had contributed them originally. Brown
+obtained an order for them from the owners.
+
+The Thirty-sixth Congress met on the 5th of December, 1859. The first
+business introduced in the Senate was a resolution from Mason, of
+Virginia, calling for the appointment of a committee to inquire into the
+facts attending John Brown's invasion and seizure of the arsenal at
+Harper's Ferry. Trumbull offered an amendment proposing that a similar
+inquiry be made in regard to the seizure in December, 1855, of the
+United States Arsenal at Liberty, Missouri, and the pillage thereof by a
+band of Missourians, who were marching to capture and control the
+ballot-boxes in Kansas. On the following day Trumbull made a brief
+speech in support of his amendment, in the course of which he commented
+on the Harper's Ferry affair in words which have never faded from the
+memory of the present writer. Nobody during the intervening half-century
+has summed up the moral and legal aspects of the John Brown raid more
+truly or more forcibly. He said:
+
+     I hope this investigation will be thorough and complete. I
+     believe it will do good by disabusing the public mind, in that
+     portion of the Union which feels most sensitive upon this
+     subject, of the idea that the outbreak at Harper's Ferry
+     received any countenance or support from any considerable
+     number of persons in any portion of this Union. No man who is
+     not prepared to subvert the Constitution, destroy the
+     Government, and resolve society into its original elements, can
+     justify such an act. No matter what evils, either real or
+     imaginary, may exist in the body politic, if each individual,
+     or every set of twenty individuals, out of more than twenty
+     millions of people, is to be permitted, in his own way and in
+     defiance of the laws of the land, to undertake to correct those
+     evils, there is not a government on the face of the earth that
+     could last a day. And it seems to me, sir, that those persons
+     who reason only from abstract principles and believe themselves
+     justifiable on all occasions, and in every form, in combating
+     evil wherever it exists, forget that the right which they claim
+     for themselves exists equally in every other person. All
+     governments, the best which have been devised, encroach
+     necessarily more or less on the individual rights of man and to
+     that extent may be regarded as evils. Shall we, therefore,
+     destroy Government, dissolve society, destroy regulated and
+     constitutional liberty, and inaugurate in its stead anarchy--a
+     condition of things in which every man shall be permitted to
+     follow the instincts of his own passions, or prejudices, or
+     feelings, and where there will be no protection to the
+     physically weak against the encroachments of the strong? Till
+     we are prepared to inaugurate such a state as this, no man can
+     justify the deeds done at Harper's Ferry. In regard to the
+     misguided man who led the insurgents on that occasion, I have
+     no remarks to make. He has already expiated upon the gallows
+     the crime which he committed against the laws of his country;
+     and to answer for his errors, or his virtues, whatever they may
+     have been, he has gone fearlessly and willingly before that
+     Judge who cannot err; there let him rest.
+
+The debate continued several days and took a pretty wide range, the
+leading Senators on both sides taking part in it. Trumbull bore the
+brunt of it on the Republican side, and was cross-examined in courteous
+but searching terms by Yulee, of Florida, Chesnut, of South Carolina,
+and Clay, of Alabama, who conceived that the teachings of the Republican
+party tended to produce such characters as John Brown. Trumbull answered
+all their queries promptly, fully, and satisfactorily to his political
+friends, if not to his questioners. Nothing in his senatorial career
+brought him more cordial letters of approval than this debate. One such
+came from Lincoln:
+
+    SPRINGFIELD, December 25, 1859.
+
+     HON. LYMAN TRUMBULL,
+
+     DEAR SIR: I have carefully read your speech, and I judge that,
+     by the interruptions, it came out a much better speech than you
+     expected to make when you began. It really is an excellent one,
+     many of the points being most admirably made.
+
+     I was in the inside of the post-office last evening when a mail
+     came bringing a considerable number of your documents, and the
+     postmaster said to me: "These will be put in the boxes, and
+     half will never be called for. If Trumbull would send them to
+     me, I would distribute a hundred where he will get ten
+     distributed this way." I said: "Shall I write this to
+     Trumbull?" He replied: "If you choose you may." I believe he
+     was sincere, but you will judge of that for yourself.
+
+    Yours as ever,
+
+    A. LINCOLN.
+
+The next in chronological order of the letters of Lincoln to Trumbull is
+the following:
+
+    SPRINGFIELD, March 16, 1860.
+
+     HON. L. TRUMBULL,
+
+     MY DEAR SIR: When I first saw by the dispatches that Douglas
+     had run from the Senate while you were speaking, I did not
+     quite understand it; but seeing by the report that you were
+     cramming down his throat that infernal stereotyped lie of his
+     about "negro equality," the thing became plain.
+
+     Another matter; our friend Delahay wants to be one of the
+     Senators from Kansas. Certainly it is not for outsiders to
+     obtrude their interference. Delahay has suffered a great deal
+     in our cause and been very faithful to it, as I understand. He
+     writes me that some of the members of the Kansas legislature
+     have written you in a way that your simple answer might help
+     him. I wish you would consider whether you cannot assist that
+     far, without impropriety. I know it is a delicate matter; and I
+     do not wish to press you beyond your own judgment.
+
+    Yours as ever,
+
+    A. Lincoln.[37]
+
+FOOTNOTES:
+
+[34] Herndon-Weik. _Life of Lincoln_, 2d edition, vol. II, chap. IV.
+
+[35] When Lincoln, at the Freeport debate, asked Douglas whether the
+people of a territory could in any lawful way exclude slavery from their
+limits prior to the formation of a state constitution, Douglas replied
+that Lincoln had heard him answer that question "a hundred times from
+every stump in Illinois." He certainly had answered it more than once,
+and his answer had been published without attracting attention or
+comment either North or South. On the 16th of July, 1858, six weeks
+before the Freeport joint debate, he spoke at Bloomington, and there
+announced and affirmed the doctrine of "unfriendly legislation" as a
+means of excluding slavery from the territories. Lincoln was one of the
+persons present when this speech was delivered. On the next day, Douglas
+spoke at Springfield and repeated what he had said at Bloomington. Both
+of these speeches were published in the Illinois _State Register_ of
+July 19, yet the fact was not perceived, either by Lincoln himself, or
+by any of the lynx-eyed editors and astute political friends who labored
+to prevent him from asking Douglas the momentous question. Nor did the
+Southern leaders seem to be aware of Douglas's views on this question
+until they learned it from the Freeport debate.
+
+[36] _Cong. Globe_, 36th Cong., 1st Sess., p. 2241.
+
+[37] The manuscript of the foregoing letter is in the Lambert collection
+of Lincolniana. The two following which relate also to Delahay's
+senatorial aspirations, are in the collection of Jesse W. Weik, of
+Greencastle, Ind.:
+
+    SPRINGFIELD, October 17, 1859.
+
+    DEAR DELAHAY: Your letter requesting me to drop a line in your
+    favor to Gen. Lane was duly received. I have thought it over,
+    and concluded it is not the best way. Any open attempt on my
+    part would injure you; and if the object merely be to assure
+    Gen. Lane of my friendship for you, show him the letter herewith
+    enclosed. I never saw him, or corresponded with him; so that a
+    letter directly from me to him, would run a great hazard of
+    doing harm to both you and me.
+
+    As to the pecuniary matter, about which you formerly wrote me, I
+    again appealed to our friend Turner by letter, but he never
+    answered. I can but repeat to you that I am so pressed myself,
+    as to be unable to assist you, unless I could get it from him.
+
+    Yours as ever,
+
+    (Enclosure)                    A. LINCOLN.
+
+    SPRINGFIELD, October 17, 1859.
+
+    M. W. DELAHAY, ESQ.,
+
+    My dear Sir: I hear your name mentioned for one of the seats in
+    the U.S. Senate from your new state. I certainly would be
+    gratified with your success; and if there was any proper way for
+    me to give you a lift, I would certainly do it. But, as it is, I
+    can only wish you well. It would be improper for me to
+    interfere; and if I were to attempt it, it would do you harm.
+
+    Your friend, as ever,
+
+    A. LINCOLN.
+
+P.S. Is not the election news glorious?
+
+We shall hear of Delahay again.
+
+
+
+
+CHAPTER VII
+
+THE ELECTION OF LINCOLN--SECESSION
+
+
+The nomination of Lincoln for President by the Republican National
+Convention in 1860 was a rather impromptu affair. In the years preceding
+1858 he had not been accounted a party leader of importance in national
+politics. The Republican party was still inchoate. Seward and Chase were
+its foremost men. Next to them in rank were Sumner, Fessenden, Hale,
+Collamer, Wade, Banks, and Sherman. Lincoln was not counted even in the
+second rank until after the joint debates with Douglas. Attention was
+riveted upon him because his antagonist was the most noted man of the
+time. After the contest of 1858 was ended, although ended in defeat,
+Lincoln was certainly elevated in public estimation to a good place in
+the second rank of party leadership. It was not until the beginning of
+1860, however, that certain persons in Illinois began to think of him as
+a possible nominee for the Presidency. Lincoln did not think of himself
+in that light until the month of March, about ten weeks before the
+convention met. His estimate of his own chances was sufficiently modest,
+and even that was shared by few. After the event his nomination was seen
+to have been a natural consequence of preexisting facts. Seward was the
+logical candidate of the party if, upon a comparison of views, it were
+believed that he could be elected. One third of the delegates of
+Illinois desired his nomination and intended to vote for him after a few
+complimentary votes for Lincoln.
+
+There were some indispensable states, however, which, many people
+believed, Seward could not carry. In Pennsylvania, Indiana, New Jersey,
+Connecticut, and Rhode Island he was accounted too radical for the
+temper of the electors. Illinois was reckoned by Trumbull and other
+experienced politicians as doubtful if Seward should be the
+standard-bearer. A conservative candidate of good repute, and
+sufficiently well known to the public, seemed to be a desideratum.
+Nobody had as yet thought of seeking a _radical_ candidate, who was
+generally reputed to be a _conservative_. Bates, of Missouri, and
+McLean, of Ohio, were the men most talked about by those who hesitated
+to take Seward. McLean was a judge of the Supreme Court appointed by
+President Jackson. He had been Postmaster-General under Monroe and John
+Quincy Adams, and was now seventy-five years of age. Trumbull considered
+him the safest candidate, for vote-getting purposes, as regarded
+Illinois, if Lincoln were not nominated. In a letter dated April 7,
+Lincoln had said that "if McLean were ten years younger he would be our
+best candidate." Bates was regarded by both Lincoln and Trumbull as a
+fairly good candidate, but Trumbull had been advised by Koerner, the
+most influential German in Illinois, that Bates could not command the
+German vote. Koerner had said also (in a letter dated March 15) that he
+had made himself acquainted with the contents of more than fifty German
+Republican newspapers in the United States and had found that they were
+nearly unanimous for Seward, or Fremont, as first choice, but that they
+would cordially support Lincoln or Chase.
+
+On the 24th of April, Trumbull wrote to Lincoln in reference to the
+Chicago nomination. He said that his own impression was that, as between
+Lincoln and Seward, the latter would have the larger number of delegates
+and would be likely to succeed; and that this was the prevailing belief
+in Washington, even among those who did not want Seward nominated. He
+was also of the opinion that Seward could not be elected if nominated.
+The Congressmen from the doubtful states were generally of that opinion,
+and his own correspondence from central and southern Illinois pointed
+the same way. The next question was whether the nomination of Seward
+could be prevented. It was Trumbull's opinion that McLean was the only
+man who could succeed in the convention as against Seward, and he could
+do so only as a compromise candidate, beginning with a few votes, but
+being the second choice of a sufficient number to outvote Seward in the
+end. As to Lincoln's chances he said:
+
+     Now I wish you to understand that I am for you first and
+     foremost, and want our state to send not only delegates
+     instructed in your favor, but your friends, who will stand by
+     you and nominate you if possible, never faltering unless you
+     yourself shall so advise.
+
+In conclusion he asked Lincoln's opinion about McLean. Lincoln replied
+in the following letter:
+
+    SPRINGFIELD, April 29, 1860.
+
+     Hon. L. Trumbull,
+
+     My dear Sir: Yours of the 24th was duly received, and I have
+     postponed answering it, hoping by the result at Charleston, to
+     know who is to lead our adversaries, before writing. But
+     Charleston hangs fire, and I wait no longer.
+
+     As you request, I will be entirely frank. The taste _is_ in my
+     mouth a little; and this, no doubt, disqualifies me, to some
+     extent, to form correct opinions. You may confidently rely,
+     however, that by no advice or consent of mine shall my
+     pretensions be pressed to the point of endangering our common
+     cause.
+
+     Now as to my opinion about the chances of others in Illinois, I
+     think neither Seward nor Bates can carry Illinois if Douglas
+     shall be on the track; and that either of them can, if he shall
+     not be. I rather think McLean could carry it, with Douglas on
+     or off. In other words, I think McLean is stronger in Illinois,
+     taking all sections of it, than either Seward or Bates, and I
+     think Seward the weakest of the three. I hear no objection to
+     McLean, except his age, but that objection seems to occur to
+     every one, and it is possible it might leave him no stronger
+     than the others. By the way, if we should nominate him, how
+     should we save ourselves the chance of filling his vacancy in
+     the court? Have him hold on up to the moment of his
+     inauguration? Would that course be no drawback upon us in the
+     canvass?
+
+     Recurring to Illinois, we want something quite as much as, and
+     which is harder to get than, the electoral vote,--the
+     legislature,--and it is exactly on this point that Seward's
+     nomination would be hard on us. Suppose he should gain us a
+     thousand votes in Winnebago, it would not compensate for the
+     loss of fifty in Edgar.
+
+     A word now for your own special benefit. You better write no
+     letter which can be distorted into opposition, or
+     _quasi_-opposition, to me. There are men on the constant watch
+     for such things, out of which to prejudice my peculiar friends
+     against you. While I have no more suspicion of you than I have
+     of my best friend living, I am kept in a constant struggle
+     against questions of this sort. I have hesitated some to write
+     this paragraph, lest you should suspect I do it for my own
+     benefit and not for yours, but on reflection I conclude you
+     will not suspect me. Let no eye but your own see this--not that
+     there is anything wrong or even ungenerous in it, but it would
+     be misconstrued.
+
+    Your friend as ever,
+
+    A. LINCOLN.
+
+What happened in the Chicago Convention was widely different from the
+conjectures of these writers, but the result seemed entirely reasonable
+after it was reached. Lincoln was as radical as Seward--subsequent
+events proved him to be more so--but his tone and temper had been more
+conservative, more sedative, more sympathetic toward "our Southern
+brethren," as he often called them. He had never endorsed the
+"higher-law doctrine," with which Seward's name was associated; he
+believed that the South was entitled, under the Constitution, to an
+efficient Fugitive Slave Law; he had never incurred the enmity, as
+Seward had, of the Fillmore men, or of the American party.
+
+These facts, coupled with some personal contact and neighborliness,
+early attracted the conservative delegates of Indiana. Seward, with his
+"irrepressible conflict" speech, had been too strong a dose for them,
+but they were quite willing to take Lincoln, whose phrase, "the house
+divided against itself," had preceded the irrepressible conflict speech
+by some months. The example of Indiana bore immediate fruit in other
+quarters, and especially in Pennsylvania. Curtin, the nominee for
+governor, was early convinced that Seward could not carry that state,
+but that Lincoln could. Curtin and Henry S. Lane, the nominee for
+governor of Indiana, became active torch-bearers for Lincoln.
+
+When those states pronounced for Lincoln, the men of Vermont (the most
+radical of the New England States), who had been waiting and watching in
+the Babel of discord for some solid and assured fact, voting meantime
+for Collamer, turned to Lincoln and gave him their entire vote.
+Vermont's example was more important than her numerical strength, for it
+disclosed the inmost thoughts of a group of intelligent, high-principled
+men, who were moved by an unselfish purpose and a solemn responsibility.
+Lincoln had now become the cynosure of the conservatives with a
+first-class radical endorsement to boot, and he deserved both
+distinctions. His nomination followed on the third ballot.
+
+Dr. William Jayne, Springfield, May 20, wrote to Trumbull:
+
+     The National Convention is over and Lincoln is our
+     standard-bearer, much (I doubt not) to his own surprise; I know
+     to the surprise of his friends. They went to Chicago fearful
+     that Seward would be nominated, and ready to unite on any
+     other man, but anxious and zealous for Lincoln. Pennsylvania
+     could agree on no man of her own heartily. Ohio was for Chase
+     and Wade. Indiana was united on Lincoln. That fact made an
+     impression on the New England States. Seward's friends were
+     quite confident after the balloting commenced. Now, if Douglas
+     is not nominated, we will carry the state by thousands. If D.
+     is nominated, we will carry the state, but we will have a hard
+     fight to do it.
+
+Out of a large mass of letters in the Trumbull correspondence touching
+the nomination of Lincoln, a half-dozen are selected as examples.
+
+     Richard Yates, Jacksonville, May 24, 1860, says the Chicago
+     nominations were received with delight, and there is every
+     indication of success in Illinois.
+
+     John Tillson, Quincy, May 28, writes that the nominations are
+     highly acceptable here to every one except the Douglas men, who
+     have just found out that Mr. Seward is the purest, ablest, and
+     most consistent statesman of the age.
+
+     J. A. Mills, Atlanta, Logan County, June 4: "I have never seen
+     such enthusiasm, at least since 1840, as is now manifested for
+     Lincoln. Scores of Democrats are coming over to us."
+
+     B. Lewis, Jacksonville, June 6: "The Charleston Convention has
+     struck the Democratic party with paralysis wherever Douglas was
+     popular as their leader (and that was pretty much all over the
+     free states), and we have now such an opportunity to make an
+     impression as I never saw before.... We are actually making
+     conversions here every day. The fact tells the whole story. In
+     1858 I anxiously desired to hear of one occasionally, at least
+     as a sign, but I could never hear of a single one. Now it is
+     all gloriously changed."
+
+     W. H. Herndon, Springfield, June 14: "Lincoln is well and doing
+     well. Has hundreds of letters daily. Many visitors every hour
+     from all sections. He is bored, _bored badly_. Good gracious! I
+     would not have his place and be bored as he is. I could not
+     endure it."
+
+     H. G. McPike, Alton, June 29: "We have distributed a large
+     number of speeches as you are aware, the most effective, I
+     think, under all the circumstances, is that of Carl Schurz."
+
+In reply to letters of Trumbull, of which no copies were kept by him,
+Lincoln wrote the following:
+
+    SPRINGFIELD, May 26, 1860.
+
+    HON. L. TRUMBULL,
+
+     MY DEAR SIR: I have received your letter since the nomination,
+     for which I sincerely thank you. As you say, if we cannot get
+     our state up now, I do not see when we can. The nominations
+     start well here, and everywhere else as far as I have heard. We
+     may have a back-set yet. Give my respects to the Republican
+     Senators, and especially to Mr. Hamlin, Mr. Seward, Gen.
+     Cameron, and Mr. Wade. Also to your good wife. Write again, and
+     do not write so short letters as I do.
+
+    Your friend as ever,
+
+    A. LINCOLN.
+
+    SPRINGFIELD, ILL., June 5, 1860.
+
+    HON. L. TRUMBULL,
+
+     MY DEAR SIR: Yours of May 31, inclosing Judge R.'s[38] letter
+     is received. I see by the papers this morning, that Mr.
+     Fillmore refused to go with us. What do the New Yorkers at
+     Washington think of this? Governor Reeder was here last
+     evening, direct from Pennsylvania. He is entirely confident of
+     that state and of the general result. I do not remember to have
+     heard Gen. Cameron's opinion of Penn. Weed was here and saw us,
+     but he showed no signs whatever of the intriguer. He asked for
+     nothing and said N. Y. is safe without conditions.
+
+     Remembering that Peter denied his Lord with an oath, after most
+     solemnly protesting that he never would, I will not swear I
+     will make no committals, but I do not think I will.
+
+     Write me often. I look with great interest for your letters
+     now.
+
+    Yours as ever,
+
+    A. LINCOLN.
+
+Notwithstanding the brilliant opening of the campaign, the contest in
+Illinois was a very stiff one. Dr. Jayne's forecast was confirmed by the
+result. Lincoln's plurality over Douglas in the state was 11,946, and
+his majority over all was 4629. Dr. Jayne was himself elected State
+Senator in the district composed of Sangamon and Morgan counties. The
+Republican State Committee made extraordinary efforts to carry this
+district, as they believed that the reelection of Senator Trumbull would
+depend upon it. They obtained five thousand dollars as a special fund
+from New York for this purpose. Jayne was elected by a majority of seven
+votes, but Douglas received a plurality of one hundred and three over
+Lincoln in the same district. By the election of Jayne, the Republicans
+secured a majority of one in the State Senate. This insured the holding
+of a joint convention of the legislature, at which Trumbull was
+reelected Senator.
+
+At Springfield, Illinois, November 20, 1860, there was a grand
+celebration of the election of Lincoln and Hamlin, at which speeches
+were made by Trumbull, Palmer, and Yates. Lincoln had been urged to say
+something at this meeting that would tend to quiet the rising surges of
+disunion at the South, but he thought that the time for him to speak had
+not yet come. He wished to let his record speak for him, and to see
+whether the commotion in the slaveholding states would increase or
+subside. Meanwhile he desired that the influence of this public meeting
+at his home should be peaceful and not irritating. To this end he wrote
+the following words, handed them to Trumbull and asked him to make them
+a part of his speech:
+
+     I have labored in and for the Republican organization with
+     entire confidence that, whenever it shall be in power, each and
+     all of the states will be left in as complete control of their
+     own affairs respectively, and at as perfect liberty to choose
+     and employ their own means of protecting property and
+     preserving peace and order within their respective limits, as
+     they have ever been under any administration. Those who have
+     voted for Mr. Lincoln have expected and still expect this; and
+     they would not have voted for him had they expected otherwise.
+
+     I regard it as extremely fortunate for the peace of the whole
+     country that this point, upon which the Republicans have been
+     so long and so persistently misrepresented, is now brought to a
+     practical test and placed beyond the possibility of a doubt.
+     Disunionists _per se_ are now in hot haste to get out of the
+     Union, because they perceive they cannot much longer maintain
+     an apprehension among the Southern people that their homes and
+     firesides and their lives are to be endangered by the action of
+     the Federal Government. With such "Now or never" is the maxim.
+     I am rather glad of the military preparations in the South. It
+     will enable the people the more easily to suppress any
+     uprisings there, which those misrepresentations of purpose may
+     have encouraged.
+
+These words were incorporated in Mr. Trumbull's speech and were printed
+in the newspapers, and the manuscript in Lincoln's handwriting is still
+preserved.[39]
+
+But Mr. Lincoln's record neither hastened nor retarded the secession of
+the Southern States. The words he had previously spoken or written were
+as completely disregarded by the promoters of disunion as were those
+uttered now by Trumbull.
+
+Jefferson Davis was not one of the hot-heads of secession. His speech in
+the Senate on January 10, 1861, reads like that of a man who sincerely
+regretted the step that South Carolina had taken, and deprecated that
+which Mississippi was about to take, although he justified it afterward,
+but he believed that the coercion of South Carolina would be the
+death-knell of the Union. His remedy for the existing menace was not to
+reinforce the garrison at Fort Sumter, but to withdraw it altogether, as
+a preliminary step to negotiations with the seceding state. Yet he did
+not say what terms South Carolina would agree to, or that she would
+agree to any. That Lincoln was in no mood to offer terms to South
+Carolina or to any seceding states which did not say what would satisfy
+them, was made emphatic in a letter from Dr. William Jayne to Trumbull,
+dated Springfield, January 28, saying that Governor Yates had received
+telegraph dispatches from the governors of Ohio and Indiana, asking
+whether Illinois would appoint peace commissioners in response to a call
+sent out by the governor of Virginia to meet at Washington on the 4th of
+February. "Lincoln," he continued, "advised Yates not to take any action
+at present. He said he would rather be hanged by the neck till he was
+dead on the steps of the Capitol than buy or beg a peaceful
+inauguration."
+
+The following letters from Lincoln throw light on his attitude toward a
+compromise at a somewhat earlier stage:
+
+    _Private and Confidential_
+
+    SPRINGFIELD, ILL., December 10, 1860.
+
+    HON. L. TRUMBULL,
+
+     MY DEAR SIR: Let there be no compromise on the question of
+     _extending_ slavery. If there be, all our labor is lost, and
+     ere long must be done over again. The dangerous ground--that
+     into which some of our friends have a hankering to run--is Pop.
+     Sov. Have none of it. Stand firm. The tug has to come; and
+     better now than any time hereafter.
+
+    Yours as ever,
+
+    A. LINCOLN.
+
+    _Confidential_
+
+    SPRINGFIELD, ILL., December 17, 1860.
+
+    HON. L. TRUMBULL,
+
+     MY DEAR SIR: Yours enclosing Mr. Wade's letter, which I
+     herewith return, is received. If any of our friends do prove
+     false and fix up a compromise on the territorial question, I am
+     for fighting again--that is all. It is but a repetition for me
+     to say I am for an honest enforcement of the Constitution--the
+     fugitive slave clause included.
+
+     Mr. Gilmore of N. C. wrote me, and I answered confidentially,
+     enclosing my letter to Gov. Corwin to be delivered or not as he
+     might deem prudent. I now enclose you a copy of it.
+
+    Yours as ever,
+
+    A. LINCOLN.
+
+    _Confidential_
+
+    SPRINGFIELD, ILL., December 21, 1860.
+
+    HON. LYMAN TRUMBULL,
+
+     MY DEAR SIR: Thurlow Weed was with me nearly all day yesterday,
+     and left last night with three short resolutions which I drew
+     up, and which, or the substance of which, I think, would do
+     much good if introduced and unanimously supported by our
+     friends. They do not touch the territorial question. Mr. Weed
+     goes to Washington with them; and says that he will first of
+     all confer with you and Mr. Hamlin. I think it would be best
+     for Mr. Seward to introduce them, and Mr. Weed will let him
+     know that I think so. Show this to Mr. Hamlin, but beyond him
+     do not let my name be known in the matter.
+
+    Yours as ever,
+
+    A. LINCOLN.
+
+The first of the three resolutions named was to amend the Constitution
+by providing that no future amendment should be made giving Congress the
+power to interfere with slavery in the states where it existed by law.
+The second was for a law of Congress providing that fugitive slaves
+captured should have a jury trial. The third recommended that the
+Northern States should "review" their personal liberty laws.
+
+    SPRINGFIELD, ILL., December 24, 1860.
+
+    HON. LYMAN TRUMBULL,
+
+     MY DEAR SIR: I expect to be able to offer Mr. Blair a place in
+     the Cabinet, but I cannot as yet be committed on the matter to
+     any extent whatever.
+
+     Dispatches have come here two days in succession that the forts
+     in South Carolina will be surrendered by order, or consent, at
+     least, of the President. I can scarcely believe this, but if it
+     prove true, I will, if our friends in Washington concur,
+     announce publicly at once that they are to be retaken after the
+     inauguration. This will give the Union men a rallying cry, and
+     preparations will proceed somewhat on this side as well as on
+     the other.
+
+    Yours as ever,
+
+    A. LINCOLN.
+
+Trumbull's own opinions about compromise were set forth in a
+correspondence with E. C. Larned, an eminent lawyer of Chicago. Under
+date January 7, Larned sent him a series of resolutions written by
+himself which were passed at a great Union meeting composed of
+Republicans and Democrats in Metropolitan Hall. One of these resolutions
+suggested "great concessions" to the South without specifying what they
+should be. Larned asked Trumbull to read them and advise him whether
+they met his approval. Trumbull replied under date January 16, at
+considerable length, saying:
+
+     In the present condition of things it is not advisable, in my
+     opinion, for Republicans to concede or talk of conceding
+     anything. The people of most of the Southern States are mad and
+     in no condition to listen to reasonable propositions. They
+     persist in misrepresenting the Republicans and many of them are
+     resolved on breaking up the Government before they will
+     consider what guarantees they want. To make or propose
+     concessions to such a people, only displays the weakness of the
+     Government. A Union which can be destroyed at the will of any
+     one state is hardly worth preserving. The first question to be
+     determined is whether we have a Government capable of
+     maintaining itself against a state rebellion. When that
+     question is effectually settled and the Republicans are
+     installed in power, I would willingly concede almost anything,
+     not involving principle, for the purpose of overcoming what I
+     regard the misapprehension and prejudice of the South, but to
+     propose concessions in advance of obtaining power looks to me
+     very much like a confession in advance that the principles on
+     which we carried the election are impracticable and wrong. Had
+     the Republican party from the start as one man refused to
+     entertain or talk compromises and concessions, and given it to
+     be understood that the Union was to be maintained and the laws
+     enforced at all hazards, I do not believe secession would ever
+     have obtained the strength it now has.
+
+The pages of the _Congressional Globe_ of 1860-61 make the two most
+intensely interesting volumes in our country's history. They embrace the
+last words that the North and South had to say to each other before the
+doors of the temple of Janus were thrown open to the Civil War. As the
+moment of parting approached, the language became plainer, and its most
+marked characteristic was not anger, not hatred between disputants, but
+failure to understand each other. It was as though the men on either
+side were looking at an object through glasses of different color, or
+arguing in different languages, or worshiping different gods. Typical of
+the disputants were Davis and Trumbull, men of equally strong
+convictions and high breeding, and moved equally by love of country as
+they understood that term. Davis made three speeches, two of which were
+on the general subject of debate, and one his farewell to the Senate.
+The first, singularly enough, was called out by a resolution offered by
+a fellow Southerner and Democrat, Green, of Missouri (December 10,
+1860), who proposed that there should be an armed police force provided
+by Federal authority to guard, where necessary, the boundary line
+between the slaveholding and the non-slaveholding states, to preserve
+the peace, prevent invasions, and execute the Fugitive Slave Law. This
+scheme Davis considered a quack remedy, and he declared that he could
+not give it his support because it looked to the employment of force to
+bring about a condition of security which ought to exist without force.
+The present want of security, he contended, could not be cured by an
+armed patrol, but only by a change of sentiment in the majority section
+of the Union toward the minority section. Upon this test he argued in a
+dispassionate way for a considerable space, ending in these words:
+
+     This Union is dear to me as a Union of fraternal states. It
+     would lose its value to me 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
+     Northern 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 in 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 evidence 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.[40]
+
+This was the explicit confirmation of what Lincoln had said, in his
+Cooper Institute speech a year earlier, was the chief difficulty of the
+North: "We must not only let them (the South) alone, but we must somehow
+convince them that we do let them alone."
+
+The best speech made on the Republican side of the chamber during this
+momentous session of Congress was made by Trumbull on the night of March
+2. It was a speech adverse to the Crittenden Compromise, and was a reply
+to Crittenden's final speech in support of it. This measure was a joint
+resolution proposing certain amendments to the Constitution, the first
+of which proposed to apply the old Missouri Compromise line, of 36 deg. 30'
+north latitude, to all the remaining territory of the United States, so
+that in all territory north of it, then owned or thereafter acquired,
+slavery should be prohibited, and that in all south of it, then owned or
+thereafter acquired, slavery should be recognized as existing, and that
+the right of property in slaves there should be protected by Federal
+law. It was offered on the 18th of December, 1860, and debated till the
+2d of March following, when it was defeated by yeas 19, nays 20, all the
+Republicans voting against it except Seward, who did not vote and was
+not paired.[41]
+
+Just before the vote was taken, Crittenden tried to amend his measure by
+striking out the words "hereafter acquired" as to the territory south of
+36 deg. 30', which he said was giving great offense in some parts of the
+North. This was not in the measure as originally proposed by him, but he
+had accepted it as an amendment offered by his colleague, Senator
+Powell. It was then too late to amend except by unanimous consent, and
+Hunter, of Virginia, objected. In this last debate, Mason drew attention
+to the minimum demands of Virginia as expressed by her legislature.
+These were the Crittenden Compromise, including territory "hereafter
+acquired," and the right of slaveholders to pass with their slaves
+through the free states with protection to their slave property in
+transit. Mason intimated pretty plainly that even this would not satisfy
+him, for which he received some castigation at the hands of Douglas. The
+latter was a steady supporter of the Crittenden Compromise, but he
+maintained throughout the debate that no cause for disunion would
+exist, even if the measure were defeated, and that none would exist if
+the Federal Government should attempt to compel a state or any number of
+states to obey the Federal law.
+
+Simultaneously with the rejection of the Crittenden Compromise, the
+Senate, by a two-thirds majority, passed a joint resolution to amend the
+Constitution by adding to it the following article:
+
+     Article XIII. No amendment shall be made to the Constitution
+     which will authorize or give to Congress the power to abolish
+     or interfere, within any state, with the domestic institutions
+     thereof, including that of persons held to labor or service by
+     the laws of said state.
+
+This was a resolution introduced by Corwin, of Ohio. It had already
+passed the House by a two-thirds majority, but it fell into the limbo of
+forgotten things before sunrise of the 4th of March.
+
+During this crisis Trumbull was receiving hundreds of letters from his
+constituents, nearly all exhorting him to stand firm. The only ones
+counseling compromise were from the commercial classes in Chicago, and
+of these there were fewer than might have been expected in view of the
+threatened danger to trade and industry. The dwellers in the small towns
+and on the farms were almost unanimously opposed to the Crittenden
+Compromise. A few letters are here cited from representative men in
+their respective localities:
+
+     A. B. Barrett (Mount Vernon, January 5) has taken pains to
+     gather the opinions of Republicans in his neighborhood in
+     reference to the secession movement and finds them, without a
+     single exception, in favor of enforcing the laws and opposed to
+     any concession on the part of Congress which would recognize
+     slavery as right in principle, or as a national institution.
+
+     J. H. Smith (Bushnell, January 7) contends that the Chicago
+     platform was a contract between the Republican voters and the
+     men elected to office by them, and the voters expect them to
+     live up to it, to the very letter. "If the South wants to fight
+     let them pitch in as soon as they please; we would rather fight
+     than allow slavery to go into any more territory." Encloses
+     resolutions to this purport passed by a public meeting of
+     citizens of his town.
+
+     A. C. Harding (Monmouth, January 12) is pained to hear a rumor
+     that some Republicans in Washington are considering a bill to
+     make a slave state south of 36 deg. 30', thus sanctioning a slave
+     code by Congress. Any concessions that shall violate the
+     pledges of the Republican party will instantly turn the guns of
+     our truest friends upon those who thus give strength to the
+     Southern rebels. Neither Adams nor Seward nor Lincoln can for a
+     moment escape the fatal consequences if they yield their
+     principles at the threat of disunion.
+
+     Wait Talcott (Rockford, January 17) has just finished reading
+     Seward's speech. It leads him to fear that yielding to the
+     South, and calling a national convention under their threat,
+     will embolden them, whenever the result of an election does not
+     suit them, to insist that the victors shall take the place of
+     the vanquished.
+
+     G. Koerner (Belleville, January 21): The Democratic Convention
+     at Springfield has done some mischief by inflaming the lower
+     order of the Democracy and confirming them in their seditious
+     views. On the other hand, it has disgusted the better class of
+     Democrats. It was a sort of indignation meeting of all the
+     disappointed candidates, office-seekers, and losers of bets. A
+     few Republicans are giving way under the pressure, but upon the
+     whole the party stands firm. "Has secession culminated or is
+     worse to come? I am prepared for the application of force. In
+     fact, a collision is inevitable. Why ought not we to test our
+     Government instead of leaving it to our children?"
+
+     H. G. McPike (Alton, January 24): "Our people believe the
+     Constitution to be good enough. Let it alone. A compromise of
+     any principle dissolves the Republican party, takes the great
+     moral heart out of it, and will in so far bring ruin on the
+     Government."
+
+     J. M. Sturtevant, president of Illinois College (Jacksonville,
+     January 30), protests against the tone of Mr. Seward's speech.
+     Says that the solid phalanx of thoughtful, conscientious,
+     earnest, religious men who form the backbone of the Republican
+     party will never follow Mr. Seward, or any other man, in the
+     direction in which he seems to be leading. "We want the
+     Constitution as it is, the Union as the Fathers framed it, and
+     the Chicago platform. And we will support no man and no party
+     that surrenders these or any portion of them."
+
+     Grant Goodrich (Chicago, January 31) is convinced by his
+     intercourse with the mass of Republicans, and with many
+     Democrats, that any concessions by which additional rights are
+     given to slavery will end the Republican party. There will be a
+     division of the Republicans; a new party will arise, which will
+     include the entire German element and which will be as hostile
+     to the "Union-saving" Republicans as to the Democrats, and much
+     more intolerant to their former allies.
+
+     E. Peck (Springfield, February 1) says that the proposition to
+     send commissioners to Washington was passed by the legislature
+     as a matter of necessity, because, if the Republicans had not
+     taken the lead, the Democrats would have done so, and would
+     have obtained the help of a sufficient number of weak-kneed
+     Republicans to make a majority. Mr. Lincoln would have
+     preferred that commissioners be not appointed.
+
+     W. H. Herndon (Springfield, February 9): "Are our Republican
+     friends going to concede away dignity, Constitution, Union,
+     laws, and justice? If they do, I am their enemy now and
+     forever. I may not have much influence, but I will help tear
+     down the Republican party and erect another in its stead.
+     Before I would buy the South, by compromises and concessions,
+     to get what is the people's due, I would die, rot, and be
+     forgotten, willingly."
+
+     Samuel C. Parks (Lincoln, Logan County, February 11) is opposed
+     to the Crittenden Compromise, because the integrity of the
+     Republican party and the salvation of the country require that
+     this grand drama of secession, disunion, and treason be played
+     out entirely. Either slavery or freedom must rule this country,
+     or there must be a final separation of the free and the slave
+     states. No compromise will do any permanent good. On the
+     contrary, if the territorial question is compromised now, it
+     will but postpone, aggravate, and prolong the contest.
+     Considers it mean and cowardly to leave to our children a great
+     national trouble that we might settle ourselves.
+
+January 2, 1861, Trumbull wrote to Governor Yates advising that some
+steps be taken in the way of military preparations, saying:
+
+     The impression is very general here that Buchanan has waked up
+     at last to the sense of his condition and will make an effort
+     to enforce the laws and protect the public property. That this
+     was his determination two days ago, I have the best reasons for
+     knowing, but he is so feeble, vacillating, and irresolute, that
+     I fear he will not act efficiently; and some even say that he
+     has again fallen into the hands of the disunionists. This I
+     cannot believe. If he does his duty with tolerable efficiency,
+     even at this late day, there will be no serious difficulty. The
+     states which resolved themselves out of the Union would be
+     coming back before many months. But if he continues to side
+     with the disunionists, we cannot avoid serious trouble, for in
+     that event I think the traitors would be encouraged to attempt
+     to take possession here, and most of the public property and
+     munitions of war would be placed in the hands of the
+     disunionists before the 4th of March. In view of the present
+     condition of affairs and the uncertainty as to the future, I
+     think it no more than prudent that our state should be making
+     some preparations to organize its military, or get up volunteer
+     companies, so as to be ready to come to the support of the
+     Constitution and the laws if the occasion should require. I
+     think that there will be no occasion for troops here, and that
+     the inauguration will probably take place. But take place it
+     must, and at Washington, even though a hundred thousand men
+     have to come here to effect it. The Government is a failure
+     unless this is done.
+
+Governor Yates's reply, if any, is not found in the Trumbull papers, but
+a letter from him dated Springfield, January 22, says that Frank P.
+Blair, Jr., had just arrived from St. Louis with information that the
+secessionists in Missouri had formed a plot to seize the United States
+Arsenal at St. Louis, which was the only depot of arms west of
+Pittsburg. If this should be attempted, Yates said it would lead to
+serious complications and perhaps a collision between Illinois and
+Missouri, since it could not be permitted that this great arsenal,
+intended for the use of the entire West, should fall into the hands of
+enemies of the Union. He asked Trumbull to see General Scott at once and
+insist that something be done which would obviate the necessity of
+action on the part of the state of Illinois.
+
+Some letters from Mrs. Trumbull to her son Walter, who was on a warship
+in foreign parts during the month of January, 1861, supply a few items
+of interest.
+
+January 21 she says:
+
+     The Senators of Mississippi, Alabama, and Florida yesterday
+     took formal leave of the Senate. The speech of Clay, of
+     Alabama, was very ugly, but that of Davis was pathetic, and
+     even Republican ladies were moved to tears. Gov. Pickens of S.
+     C. sent for $300 due him as Minister to Russia, and the
+     Treasurer sent him a draft on the sub-treasury at Charleston
+     which the Rebels had seized.
+
+January 24:
+
+     Called at Dr. Sunderland's[42] yesterday. He said that in
+     talking with a disunionist a few days ago he asked what the
+     South demanded and what would satisfy them. He replied that the
+     North must be uneducated, or educated differently; their
+     sentiments must be changed, and it can't be done in this
+     generation.
+
+     Just before starting home, Toombs's coachman, strange to say,
+     deserted his kind master for a trip on the Underground
+     Railroad, greatly to the disgust of Mrs. Toombs. She was met by
+     Mrs. Judge McLean, who said to her, "Mrs. Toombs, are you going
+     to leave us?" "Yes," she replied, "I am glad enough to go; here
+     I am riding in a hack!" It was very hard, very disgusting, and
+     Mrs. McLean, instead of trying to hunt up her fugitive for her,
+     told her that when the South had all seceded, they would have
+     Canada right on their borders, and where one now escaped, there
+     would then be a hundred.
+
+January 26:
+
+     The city begins to present a warlike appearance. Two companies
+     are stationed quite near us on E St. and others are placed in
+     Judiciary Square near the Capitol, and at the President's,
+     about 700 in all. A company of light artillery arrived
+     yesterday morning, soon after which cannonading was heard,
+     volley after volley. I supposed the thunder of the cannon was
+     meant to convey wholesome instruction to the revolutionists,
+     but I learned this evening that it was a salute for Kansas,
+     which is now a state. Thirty-four guns were fired. I understood
+     that some of the ladies at the National Hotel were so alarmed
+     that they began to pack their trunks so as to retreat promptly
+     with all their luggage. I believe that Gen. Scott intends to
+     have more troops here, but the O. P. F.[43] countermands most
+     of his orders. The Cabinet find him very troublesome even now;
+     he still listens to Slidell and others.
+
+     A set of compromisers came here a few days since from New York
+     with a string of resolutions and explained them to Senator
+     King, hoping he would endorse them. Mr. King read them and
+     handed them back silently. Said the spokesman: "I trust they
+     meet your approval, they are good resolutions; you approve
+     them, do you not, Mr. King?" He answered in his good-humored,
+     laughing way, but withal very firmly: "I would resign my seat
+     first and I think I would rather die." The same men went to
+     your father urging him to support them, and stated that New
+     York would not defend the public property within her limits
+     unless Congress adopted some such action. Your father told them
+     that if that was to be the course of New York, we might as well
+     know it now as ever, and refused to have anything to do with
+     their resolutions.
+
+In the same letter she writes:
+
+     Mrs. McLean called yesterday. She said they dined at the White
+     House once while the President was making up his mind whether
+     or not to recall Major Anderson. The judge took the President
+     aside to make some inquiries about the Major. Buchanan replied
+     that he had exceeded his instructions and must be recalled. The
+     Judge raised his hand with vehemence, almost in the President's
+     face, and asserted with emphasis: "You dare not do it, sir, you
+     dare not do it." And he did not.
+
+Probably this is the only instance on record where a Judge of the
+Supreme Court shook his fist in the face of the President after dining
+with him at the White House. It is not improbable that the vehemence of
+the venerable Judge was one of the potent reasons deterring Buchanan
+from ordering Anderson to return from Fort Sumter to Fort Moultrie.[44]
+
+TRUMBULL'S SPEECH AGAINST THE CRITTENDEN COMPROMISE
+
+    [In the Senate, March 2, 1861.]
+
+     MR. TRUMBULL. Mr. President, the long public service of the
+     Senator from Kentucky, his acknowledged patriotism and devotion
+     to the Union, give great importance to whatever he says; and in
+     all he has said in favor of the Union and its preservation, and
+     the maintenance of the Constitution, I most heartily concur. No
+     man shall exceed me in devotion to the Constitution and the
+     Union. But, while this is so, what the Senator says of those of
+     us who disagree with him as to the mode of preserving the Union
+     and maintaining the peace of the country is well calculated, in
+     consequence of the position he occupies, to mislead and
+     prejudice the public mind as to our true position. Does he
+     expect, or can he expect, that compromises will be made and
+     concessions yielded when he talks of the great party of this
+     country, constituting a majority of its people, as being wedded
+     to a dogma set up above the Constitution; when he talks of us
+     as usurping all the territories, as ostracizing all the people
+     of the South, and denying them their rights? Is that the way to
+     obtain compromises? Instead of turning his denunciation upon
+     those who violate the Constitution and trample the flag of the
+     country in the dust, he turns to us and talks to us of
+     usurpations, of our dogmas; tells us that for a straw we are
+     willing to dissolve the Union and involve the country in blood.
+     Why are not these appeals made and these rebukes administered
+     to the men who are involving the country in blood? If it is a
+     straw for us to yield, is it anything more than a straw for
+     them to demand? If it is a trifle for us to concede, is it any
+     larger than a trifle which the South demands, and to obtain
+     which it is willing to destroy this Union, which he has so
+     beautifully and so highly eulogized?
+
+     Sir, I have heard this charge against the people of the North,
+     of a desire to usurp the whole of the common territories, till
+     I am tired of the accusation. It has been made and refuted ten
+     thousand times. Not a man in the North denies to every citizen
+     of the South the same right in a territory that he claims for
+     himself. And who are the people of the South? Slaveholders? Not
+     one white citizen in twenty of the population in the South owns
+     a slave. The nineteen twentieths of the non-slaveholding
+     population of the South are forgotten, while the one twentieth
+     is spoken of as "the South." The man who owns a slave in the
+     South has just as much right in the territory as a man in the
+     North who owns no slave. If the Southerner cannot take his
+     negro slave to the territory, neither can the Northern man.
+
+     Again, sir, the Senator talks of the rights of the States to
+     the common territories. The territories do not belong to the
+     States; they are the property of the General Government; and
+     the state of Kentucky has no more right in a territory than has
+     the city of Washington, or any county in the state of Maryland.
+     As a state, Kentucky has no right in a territory, nor has
+     Illinois; but the territories belong to the Federal government,
+     and are disposed of to the citizens of the United States,
+     without regard to locality.
+
+     But, sir, I propose to inquire what it is that has brought the
+     country to its present condition; what it is that has
+     occasioned this disruption, this revolution in a portion of the
+     country. Many years ago an attempt was made in the state of
+     South Carolina to disrupt this Government, at that time on
+     account of the revenue system. It failed. The disunionists of
+     1832 were put down by General Jackson; and from that day to
+     this there have been secessionists _per se_, men who have been
+     struggling continuously and persistently to propagate their
+     doctrine wherever they could find followers; and, I am sorry to
+     say, they seem to have impressed the public mind of the South,
+     to a great extent, with their notions. In 1850, the effort to
+     break up the Government was renewed. It was then settled by
+     what were known as the compromise measures of that year. The
+     great men of that day--Clay, Webster, Cass, and others--took
+     part in that settlement, and it was then supposed that the
+     settlement would be permanent. The controversy of 1850 was not
+     in regard to a tariff, but in regard to the negro question; the
+     very question which General Jackson had prophesied, in the
+     nullification times, would be the one upon which the next
+     attempt would be made to destroy the Government. After a long
+     struggle, the compromise measures of 1850 were passed. Quiet
+     was given to the country; all parties in all sections of the
+     country acquiesced in the settlement then made. Resolutions
+     were offered in this body denouncing any person who should
+     attempt again to introduce the question of slavery into
+     Congress. Speeches were made, in which Senators declared that
+     they would never again speak upon the subject in the Congress
+     of the United States. It was said that the slavery question was
+     forever removed from the halls of Congress, and we then
+     supposed that the country would continue quiet on this exciting
+     subject. But, sir, in 1854, notwithstanding the pledges which
+     had been given in 1850, notwithstanding the quiet of the
+     country, when no man was agitating the slavery question; when
+     no petitions came from the states, counties, cities, or towns,
+     from villages or individuals, asking a disturbance of former
+     compromises; when all was quiet, of a sudden a proposition was
+     sprung in this chamber to unsettle the very questions which had
+     been put to rest by the compromises of 1850. A proposition was
+     then introduced to repeal one of the compromises which had been
+     recognized by the acts of 1850; for the Missouri Compromise,
+     which excluded slavery from Kansas and Nebraska, was, by
+     reference, directly and in express terms, reaffirmed by the
+     compromises of 1850. But, sir, in the beginning of 1854, that
+     fatal proposition was introduced and embodied in the
+     Kansas-Nebraska Act, which declared that the eighth section of
+     the act for the admission of Missouri into the Union, which had
+     passed in 1820, and which excluded slavery from Kansas and
+     Nebraska, should be repealed, it being declared to be "the true
+     intent and meaning of the act not to introduce slavery into any
+     state or territory, 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"--a little stump speech, as
+     Colonel Benton denominated it, introduced into the body of the
+     bill, which has since become as familiar to all the children of
+     the land, from its frequent repetition, as Mother Goose's
+     stories. That was the fatal act which brought about the
+     agitation of the slavery question; and on the repeal of the
+     Missouri Compromise followed the disturbances in the settlement
+     of Kansas. That act led to civil war in Kansas, to the burning
+     of towns, to the invasion from Missouri, to all the horrors and
+     anarchy which reigned in that ill-fated territory for several
+     years, all of which is too fresh in the recollection of the
+     American people to require repetition. And, sir, from that day
+     to this, the doctrine which it is pretended was enunciated in
+     1854 in the Kansas-Nebraska Act, of non-intervention, of
+     popular sovereignty, for it is known under various names, has
+     been preached all over the country, until in the election of
+     1860, it was repudiated and scouted, North and South, by a
+     majority of the people in every state in the Union; and even at
+     this session, it has been thrust in here upon almost every
+     occasion, as the grand panacea that was to give peace to the
+     country; whereas it was the very thing which gave rise to all
+     the difficulties. The disunionists per se have seized hold of
+     the disturbances growing out of the slavery question, all
+     occasioned by this fatal step in 1854, to inflame the public
+     mind of the South, and bring about the state of things which
+     now exists.
+
+     But, sir, the Union survived the disunion movement of 1832; it
+     survived the excitement upon the slavery question in 1850; it
+     survived the disturbances in Kansas in 1855 and 1856,
+     consequent upon the repeal of the Missouri Compromise. It
+     survived them all without an actual attempt at disruption,
+     until we came down to 1860, and Abraham Lincoln was elected
+     President; and even now, notwithstanding the dissatisfaction at
+     his election in some portions of the country, and all the
+     previous troubles, the laws to-day would have had force in
+     every part of the Union, and secession would have been checked
+     in its very origin, had the Government done its duty and not
+     acted in complicity with the men who had resolved to destroy
+     it.
+
+     The secession movement, then, dates back several years. It
+     received an impetus in 1850; another in 1854; and in 1860, by
+     the connivance and the assistance of the Government itself, it
+     acquired the strength which it now has. What has been the
+     policy of the expiring administration? Its Cabinet officers
+     boasting of their complicity with the men who were plotting the
+     destruction of the Government; openly proclaiming in the face
+     of the world that they had used their official power, while
+     members of the Cabinet, and sworn to protect and preserve the
+     Government, to furnish the means for its destruction; openly
+     acknowledging before the world that they had used the power
+     which their positions gave them to discredit the Government,
+     and also to furnish arms and munitions of war to the men who
+     were conspiring together to assault its fortifications, and
+     seize its property; openly boasting that they had taken care,
+     during their public service, to see that the arms of the
+     Federal Government were placed in convenient positions for the
+     use of those who designed to employ them for its destruction.
+     More than this, members, while serving in the other branch of
+     Congress, go to the Executive of the United States, and tell
+     him, "Sir, we are taking steps in South Carolina to break up
+     this Government; you have forts and fortifications there; they
+     are but poorly manned; now if you will leave them in the
+     condition they are until the state of South Carolina gets ready
+     to take possession, we will wait until that time before we
+     seize them"; and the Executive of the nation asks that the
+     treasonable proposition be put in writing, and files it away.
+     Why, sir, is there another capital on the face of the globe, to
+     which men could come from state or province, and inform the
+     executive head that they were about to take steps to seize the
+     public property belonging to the Government, and warn the
+     Executive to leave it in its insecure and undefended state
+     until they should be prepared to take possession, and they be
+     permitted to depart? Is there another capital on the face of
+     the globe where commissioners coming to the Executive under
+     these circumstances would not have been arrested on the spot
+     for treason? But your Government, if it did not directly
+     promise not to arm its forts, certainly took no steps to
+     protect its public property; and this went on, until a gallant
+     officer who was in command of less than a hundred men in the
+     harbor of Charleston, acting upon his own responsibility,
+     thought proper to throw his little force into a fort where he
+     could protect himself; and then it was that these insurgents,
+     rebelling against the Government, demanded that he should be
+     withdrawn, and the Executive then was forced to take position.
+     Then his Cabinet officers who had been in conspiracy with the
+     plotters of treason, then the Chief Magistrate himself was
+     forced to take position. He must openly withdraw his forces,
+     and surrender the public property he was sworn to protect,
+     openly violate the oath he had taken to support the
+     Constitution of the United States, and execute the laws, and
+     take side with traitors; or else he must leave Major Anderson
+     where he was. Exposed to public view, brought to this dilemma,
+     I am glad to say that even then, at that late day, the
+     President of the United States concluded to take sides for the
+     Union; that even he came out, though feebly it was, on the part
+     of the United States, and his Secretary of War retired from his
+     Cabinet, not in disgrace, so far as its executive head was
+     concerned, for he parted pleasantly with the President of the
+     United States, but he retired because the President would not
+     carry out the policy which he understood to have been agreed
+     upon, which was to leave the fortifications in a position that
+     Carolina might take them whenever she thought proper.
+
+     But, sir, notwithstanding this, the Executive of the nation,
+     disregarding the advice of the Lieutenant-General who commands
+     the armies of the United States, and who had warned him months
+     before of the movements which were taking place to seize the
+     public property at the South, still leaves the property
+     unprotected; and the insurgents go on in some of the states,
+     before even passing ordinances of secession, and continue to
+     seize the public property; to capture the troops of the United
+     States; to take possession of the forts; to fire into its
+     vessels; to take down its flag; until they have at this time in
+     their possession fortifications which have cost the Government
+     more than $5,000,000, and which mount more than a thousand
+     guns.
+
+     All this has been done without any effort on the part of the
+     Government to protect the public property; and this is the
+     reason that secession has made the head it has. Why, sir, let
+     me ask, is it that the United States to-day has possession of
+     Fort Sumter? Can you tell me why is Fort Sumter in possession
+     of the United States? Because there are a hundred soldiers in
+     it--for no other reason. Why is Fort Moultrie in possession of
+     the insurgents? Because there were no men there to protect it;
+     and it is now matter of history that, had the Executive done
+     his duty, and placed a hundred men in Fort Moultrie, a hundred
+     in Castle Pinckney, and a hundred in Fort Sumter, Charleston
+     Harbor to-day would have been open, and your revenues would
+     have been collected there, as elsewhere throughout the United
+     States.
+
+     Will it be said that Carolina would have attacked those forts,
+     thus garrisoned? She does not attack a hundred men in Fort
+     Sumter. It is a wonder that she does not. The little, feeble
+     garrison there is well calculated to invite attack; but this
+     thing of secession, under the policy of the Administration, has
+     been made a holiday affair in the South. This great Government,
+     one of the most powerful on the face of the globe, is falling
+     to pieces just from its own imbecility.
+
+     MR. WIGFALL. Mr. President--
+
+     THE PRESIDING OFFICER (MR. BRIGHT). Does the Senator from
+     Illinois yield the floor?
+
+     MR. TRUMBULL. I have some further observations to make. I will
+     yield for a single question; not for a speech.
+
+     MR. WIGFALL. For a single question. I do not wish to interrupt
+     the Senator if it is not agreeable to him. I desire to ask a
+     single question.
+
+     MR. TRUMBULL. I have no objection to the question.
+
+     MR. WIGFALL. I understand the Senator to object to the course
+     that the present outgoing Administration has pursued in
+     reference to the forts. I know the Senator's candor, directness
+     of purpose, fairness, and boldness of statement; and I desire
+     to know whether the succeeding Administration will pursue the
+     same peace policy of leaving the forts in the possession of the
+     seceding states, or whether they will attempt to recapture
+     them?
+
+     MR. TRUMBULL. The Senator will find out my opinions on this
+     subject before I conclude. The opinions of the incoming
+     Administration, I trust, he will learn to-morrow from the
+     eastern front of the capitol.
+
+     MR. WIGFALL. I trust we shall, sir.
+
+     MR. TRUMBULL. I speak for myself, without knowing what may be
+     said in the inaugural of to-morrow; but I apprehend that the
+     Senator will learn to-morrow that we have a Government; and
+     that will be the beginning of the maintenance of the Union.
+
+     MR. WIGFALL. I hope we may.
+
+     MR. TRUMBULL. While the forts in the South were left thus
+     unprotected, and to be seized by the first comers, where was
+     your army? Scattered beyond reach, and sent to the frontiers,
+     so as not to be made available when it was wanted. And where
+     was your navy? The navy of the United States, when it was known
+     that the secession movement was on foot, was sent to distant
+     seas, until there was not at the command of the Secretary of
+     the Navy a single vessel, except one carrying two guns, that
+     could enter Charleston Harbor--a small vessel destined, I
+     believe, to take supplies to the African squadron, which
+     carried two guns. Does anybody suppose this was accidental? If
+     it were a question of fact to be tried before an intelligent
+     jury in any part of Christendom, does any one doubt that the
+     Secretary of War and the Secretary of the Navy would both be
+     convicted of having purposely, and by design, removed the army
+     and navy out of reach, in order that the forts might be seized,
+     and that the secession movement might progress? And how has it
+     been from that day to this? Irresolution and indecision on the
+     part of the Executive--one day sending a vessel with troops to
+     Charleston, and the next countermanding the order; and the
+     Senator from Texas, with a taste which I cannot admire, spoke
+     in terms of derision of his country's flag, when it returned in
+     disgrace--"struck in the face," I think, was his
+     expression--from Charleston Harbor. I admit it was disgraceful;
+     but I am sorry it should have afforded the Senator from Texas,
+     a member of the Senate of the United States, as the eloquent
+     Senator from Kentucky said he was, any pleasure that such a
+     transaction should have occurred.
+
+     This, then, briefly, is the reason that this secession movement
+     has acquired the strength it has. It is because this Government
+     has either favored it, or refused to do anything to check it.
+     Notwithstanding the mistake of 1854, the country would have
+     survived it all, had we had a Government to take care of and
+     preserve it.
+
+     Now, sir, what are the remedies that are proposed for the
+     present condition of things, and what have they been from the
+     beginning? They have been propositions of compromise; and
+     Senators have spoken of peace, and of the horrors of civil war;
+     and gentlemen who have contended for the right of the people of
+     the territories to regulate their own affairs, and who have
+     been horrified at the idea of a geographical line dividing free
+     states from slave states, free territory from slave territory,
+     and who have proclaimed that the great principle upon which the
+     Revolution was fought was that of the right of the people to
+     govern themselves, and that it was monstrous doctrine for
+     Congress to interfere in any way with its own territories, come
+     forward here with propositions to divide the country on a
+     geographical line; and not only that, but to establish slavery
+     south of the line; and they call this the Missouri Compromise!
+     The proposition known as the "Crittenden Proposition" is no
+     more like the Missouri Compromise than is the Government of
+     Turkey like that of the United States. The Missouri Compromise
+     was a law declaring that in all the territory which we had
+     acquired from Louisiana, north of a certain line of latitude,
+     slavery or involuntary servitude should never exist. But it
+     said nothing about the establishment of slavery south of that
+     line. It was a compromise made in order to admit Missouri into
+     the Union as a slave state, in 1820. That was the consideration
+     for the exclusion of slavery from all the country north of 36 deg.
+     30'. Now, sir, I have no objection to the restoration of the
+     Missouri Compromise as it stood in 1854, when the
+     Kansas-Nebraska Bill passed; and I have drawn up--and I intend
+     to offer it at the proper time as an amendment to some of these
+     propositions--a clause declaring that so much of the fourteenth
+     section of the act to organize the territories of Nebraska and
+     Kansas, approved the 30th of May, 1854, as repeals the Missouri
+     Compromise, and contains the little stump speech, shall be
+     repealed, and that we may hear no more of it, I trust, forever.
+
+     Since its authors have repudiated it, and have come forward
+     with a proposition to establish not the Missouri Compromise,
+     but to establish a geographical line running through the
+     territory which we now have, establishing slavery south of it,
+     and prohibiting it north, and providing that, in the territory
+     we may hereafter acquire, slavery shall be established south of
+     that line, I suppose we shall hear no more about leaving the
+     people "perfectly free to regulate their own affairs in their
+     own way"! The proposition known as the "Crittenden Compromise"
+     declares not only that, "in the territory south of the said
+     line of latitude, slavery of the African race is hereby
+     recognized as existing, and shall not be interfered with by
+     Congress"; but it provides further, that, in the territory we
+     shall hereafter acquire south of that line, slavery shall be
+     recognized, and not interfered with by Congress; but "shall be
+     protected as property by all the departments of the territorial
+     government during its continuance"; so that, if we make
+     acquisitions on the south of territories now free, and where,
+     by the laws of the land, the footsteps of slavery have never
+     been, the moment we acquire jurisdiction over them, the moment
+     the stars and stripes of the Republic float over those free
+     territories, they carry with them African slavery, established
+     beyond the power of Congress, and beyond the power of any
+     territorial legislature, or of the people, to keep it out; and
+     we are told that this is the Missouri Compromise! We are told
+     that slavery now exists in New Mexico; and I was sorry to find
+     even my friend from Oregon [Mr. Baker] ready to vote for this
+     proposition, which establishes slavery. Why, sir, suppose
+     slavery does exist in New Mexico; are you for putting a clause
+     into your Constitution that the people of New Mexico shall not
+     drive it out?
+
+       *       *       *       *       *
+
+     But, sir, unlike the Senator from Oregon, I will never agree to
+     put into the Constitution of the country a clause establishing
+     or making perpetual slavery anywhere. No, sir; no human being
+     shall ever be made a slave by my vote. No foot of God's soil
+     shall ever be dedicated to African slavery by my act--never,
+     sir. I will not interfere with it where I have no authority by
+     the Constitution to interfere; but I never will consent, the
+     people of the great Northwest, numbering more in white
+     population than all your Southern States together, never will
+     consent by their act to establish African slavery anywhere.
+     Why, sir, the seven free states of the Northwest, at the late
+     presidential election, cast three hundred thousand more votes
+     than all the fifteen Southern States together. Senators talk
+     about the North and the South, and speak of having two
+     Presidents, a Northern President and a Southern President, as
+     if we had no such country as the Northwest, more populous with
+     freemen than all the South. The people of the South and the
+     people of the East both will, by and by, learn, if they have
+     not already learned, that we have a country, and a great and
+     growing country, in the Northwest; a free country--made free,
+     too, by the act of Virginia herself. I do not propose to
+     discuss the House Resolution. I have said on any and all proper
+     occasions, and am willing to say at any time, to our brethren
+     of the South, we have no disposition, and never had any, and
+     have no power, if we had the disposition, to interfere with
+     your domestic institutions.
+
+     I think, then, sir, that none of these compromises will amount
+     to anything; but still I am willing to do this, and I think if
+     there is any difficulty it may be settled in this way: three of
+     the states of this Union, the state of Kentucky, the state of
+     New Jersey, and the State of Illinois, have called upon
+     Congress to call a convention of all the states for the purpose
+     of proposing amendments to the Constitution. I do not think the
+     Constitution needs amendment. In my judgment, the Constitution
+     as it is, is worthy to be lived up to and supported. I doubt if
+     we shall better it; but out of deference to those states, one
+     of which is my own state, I am willing to vote for the
+     resolution which has been introduced into this body
+     recommending to the various states to take into consideration
+     this proposition of calling a convention, in order to make such
+     amendments as may be deemed necessary by the states themselves
+     to this instrument. So far, I am willing to go. Would it not
+     have been better for the seceding states to have done that? Why
+     did they not propose, instead of attempting hastily to break up
+     the Government and seizing its public property, to call a
+     convention, in the constitutional form, of the various states,
+     and if the Federal Constitution needed amendment, amend it in
+     that way. No such proposition came from them; but Kentucky has
+     made the proposition for a convention, and I am willing to meet
+     her in the spirit in which it is made, and am ready, for one,
+     and would be glad if we could all unitedly pass the resolution
+     suggesting to the states to call a convention to make any and
+     all amendments to the Constitution which the exigencies of the
+     times may require.
+
+     The Senator from Texas wants to know how we are going to
+     preserve the Union; how we are going to stop the states from
+     seceding? And our Southern friends sometimes ask us to give
+     them something to stand upon in the South. The best political
+     foundation ever laid by mortal man upon which to plant your
+     foot is the Constitution. Take the old Constitution as your
+     fathers made it, and go to the people on that; rally them
+     around it, and not suffer it to be kicked about, rolled in the
+     dust, spit upon, and their efforts to be wasted in vain efforts
+     to amend it. Why, sir, has that old instrument ceased to be of
+     any value? These gentlemen who are talking about amending it,
+     and talking about guarantees as a condition to remain in the
+     Union, claim to be _par excellence_ the Union men. Why, sir, I
+     conceive I am a much better Union man than they. I am for the
+     Union under the Constitution as it is. I am willing, however,
+     that a convention should be called out of deference to those
+     who may wish to alter it; but I am not one of those who declare
+     that unless this provision is made, and unless this guarantee
+     is given, I will unite to destroy the Union, and cease to
+     observe the Constitution as it is.
+
+     Sir, the Southern States have been arming. The Senator from
+     Virginia [Mr. Mason] told us the other day that his state had
+     appropriated $1,500,000 to arm its citizens. For what? To arm
+     its citizens to fight against this Government; and then tell us
+     that, to a man, they will fight against this Government, if it
+     undertakes to enforce its laws, which they call coercion, the
+     coercion of a State! Why, sir, a government that has not the
+     power of coercing obedience to its laws is no government at
+     all. The very idea of a law without a sanction is an absurdity.
+     A government is not worth having that has not power to enforce
+     its laws. If the Senator from Texas wants to know my opinion, I
+     tell him yes, I am for enforcing the laws. Do you mean by that
+     you are going to march an army to coerce a state? No, sir; and
+     I do not mean the people of this country to be misled by this
+     confusion of terms about coercing a state. The Constitution of
+     the United States operates upon individuals; the laws operate
+     upon individuals; and whenever individuals make themselves
+     amenable to the laws, I would punish them according to the
+     laws. We may not always be able to do this. Why, sir, we have a
+     criminal code, and laws punishing larceny and murder and arson
+     and robbery and all these crimes; and yet murder is committed,
+     larcenies and robberies are committed, and the culprits are not
+     always punished and brought to justice. We may not be able, in
+     all instances, to punish those who conspire against the
+     Government. So far as it can be done, I am for executing the
+     laws; and I am for coercion. I am for settling, in the first
+     place, the question whether we have a government before making
+     compromises which leave us as powerless as before.
+
+     Sir, if my friend from Kentucky would employ some of that
+     eloquence of his which he uses in appealing to Republicans--and
+     talking about compromise--in defense of the Constitution as it
+     is, and in favor of maintaining the laws and the Government, we
+     should see a very different state of things in the country. If,
+     instead of coming forward with compromises, instead of asking
+     guarantees, he had put the fault where it belongs; if he called
+     upon the Government to do its duty; if, instead of blaming the
+     North for not making concessions where there is nothing to
+     concede, and not making compromises where there was nothing to
+     compromise about, he had appealed to the South, which was in
+     rebellion against the Government, and painted before them, as
+     only he could do it, the hideousness of the crimes they were
+     committing, and called upon them to return to their allegiance,
+     and upon the Government to enforce its authority, we would have
+     a very different state of things in this country to-day from
+     what now exists.
+
+     This, in my judgment, is the way to preserve the Union; and I
+     do not expect civil war to follow from it. You have only to put
+     the Government in a position to make itself respected, and it
+     will command respect. As I said before, five hundred troops in
+     Charleston would unquestionably have kept that port open; and
+     if you will arm the Government with sufficient authority to
+     maintain its laws and give us an honest Executive, I think you
+     will find the spread of secession soon checked; it will no
+     longer be a holiday affair. But while we submit to the disgrace
+     which is heaped upon us by those seceding states, while the
+     President of the United States says, "You have no right to
+     secede; but if you want to, you may, we cannot help it," you
+     may expect secession to spread.
+
+     Why, sir, the resolutions of the legislature of the state of
+     New York, which were passed early in the session, tendering to
+     the Federal Government all the resources of the state in money
+     and men to maintain the Government, had a most salutary effect
+     when it was heard here. I saw the effect of it at once. It was
+     the first blow at secession. Let the people of the North
+     understand that their services are required to maintain this
+     Union, and let them make known to the people of the South, to
+     the Government, and to the country, that the Union shall be
+     maintained; and the object is accomplished. Then you will find
+     Union men in the South. But while this secession fever was
+     spreading, and the Union men of the South had no support from
+     their Government, it is no wonder that state after state
+     undertook to withdraw from a confederacy which manifested no
+     disposition to maintain itself.
+
+     My remedy for existing difficulties is, to clothe the
+     Government with sufficient power to maintain itself; and when
+     that is done, and you have an Executive with the disposition to
+     maintain the authority of the Government, I do not believe that
+     a gun need be fired to stop the further spread of secession. I
+     believe, sir, after the new Administration goes into operation,
+     and the people of the South see, by its acts, that it is
+     resolved to maintain its authority, and, at the same time, to
+     make no encroachments whatever upon the rights of the people of
+     the South, the desire to secede will subside. When the people
+     of the Southern States, on the 5th of March, this year, and on
+     the 5th of March, 1862, shall find that, after a year has
+     transpired under a Republican administration, they are just as
+     safe in all their rights, just as little interfered with in
+     regard to their domestic institutions, as under any former
+     Administration, they will have no disposition to inaugurate
+     civil war and commence an attack upon the Federal Government.
+
+     Why, sir, some Senators talk about the Federal Government
+     making war. Who proposes it? The Southern people affect to
+     abhor civil war, when they, themselves, have commenced it.
+     Inhabitants of the six seceding states have begun the war. What
+     is war? Is firing into your vessels war? Is investing your
+     forts war? Is seizing your arsenals war? They have done it all,
+     and more; and then have the effrontery to say to the United
+     States, "Do not defend yourselves; do not protect your
+     Government; let it fall to pieces; let us do as we please, or
+     else you will have war." The highwayman meets you on the
+     street, demands your purse, and tells you to deliver it up, or
+     you will have a fight. You can always escape a fight by
+     submission. If in the right--and which is far better than to
+     submit to degradation--you can often escape collision by being
+     prepared to meet it. The moment the highwayman discovers your
+     preparation and ability to meet him, he flees away. Let the
+     Government be prepared, and we shall have no collision.
+
+     I cannot think the people of this country in the loyal states
+     would causelessly inaugurate civil war by attacking the
+     Government; and I regard all the states as loyal, which have
+     not undertaken to secede. I regard Kentucky and Tennessee and
+     Missouri as loyal states, just as much so as Illinois. Why,
+     sir, I live right upon the borders of Missouri, and I know that
+     the people across the river were, last fall, just as good Union
+     men as they were in Illinois. They never thought of secession
+     until the thing was started in South Carolina, and until some
+     persons here in Congress began to talk about guarantees,
+     instead of coming out for the Constitution and the Union as
+     they are. When Senators began to introduce propositions
+     demanding guarantees as a condition of continuing in the Union,
+     the real true Union men, in many instances, took sides with
+     them, and thus became, in fact, only conditional Unionists. I
+     am happy to say that they are getting over it, not only in
+     Missouri, but they are already cured of it in Tennessee, and I
+     trust in all the other states save those which, in their hurry,
+     and with inconsiderate zeal, have already taken measures, as
+     far as they could, to dissolve their connection with the
+     Government. Sir, I cannot think it possible that this great
+     Government is to go out without a struggle--a Government which
+     has been blessed so highly, and prospered so greatly. What
+     occasion is there for breaking it up? Are we not the happiest
+     people in the world? Do we not enjoy personal liberty and
+     religious freedom? What is it that the people of these Southern
+     States would have? Does anybody propose to interfere with their
+     domestic institutions? Nobody. Does anybody deny their equal
+     rights in the territories? Nobody. Why, sir, look at our
+     condition. We are one of the great nations of the world. At the
+     peace of 1783, we had, I think, something like three million
+     population; we have now more than thirty million. At that time
+     we had thirteen states; now we have thirty-four states; and our
+     territories have spread out until they extend across the
+     continent. The boundaries of the Republic embrace to-day a
+     greater extent of country than was contained within the Roman
+     Empire in the days of its greatest extent, or within the
+     empire of Alexander when he was said to have conquered the
+     world.
+
+     Sir, I cannot believe that this mad and insane attempt to break
+     up such a Government is to succeed. If my voice could reach
+     them, I would call upon my Southern brethren to pause, to
+     reflect, to consider if this Republican party has yet done them
+     any wrong. What complaints have they to make against us? We
+     have never wielded the power of Government--not for a day. Have
+     you of the South suffered any wrong at the hands of the Federal
+     Government? If you have, you inflicted it yourselves. We have
+     not done it. Is it the apprehension that you are going to
+     suffer wrong at our hands? We tell you that we intend no such
+     thing. Will you, then, break up such a government as this, on
+     the apprehension that we are all hypocrites and deceivers, and
+     do not mean what we say? Wait, I beseech you, until the
+     Government is put into operation under this new administration;
+     wait until you hear the inaugural from the President-elect;
+     and, I doubt not, it will breathe as well a spirit of
+     conciliation and kindness towards the South as towards the
+     North. While I trust it will disclose a resolute purpose to
+     maintain the Government, I doubt not it will also declare, in
+     unequivocal terms, that no encroachments shall be made upon the
+     constitutional rights of any state while he who delivers it
+     remains in power.
+
+FOOTNOTES:
+
+[38] Presumably Judge Read, of Pennsylvania.
+
+[39] MS. in the collection of the late Major W. H. Lambert,
+Philadelphia.
+
+[40] _Cong. Globe_, 1860-61, p. 30.
+
+[41] Trumbull's speech on the Crittenden Compromise, which was impromptu
+and was delivered about midnight, is printed as an appendix to this
+chapter.
+
+[42] Pastor of the First Presbyterian Church.
+
+[43] "Old Public Functionary"--a name that Buchanan in one of his
+messages had given to himself.
+
+[44] Jefferson Davis says, in his _Rise and Fall of the Confederate
+States_, that Buchanan told him 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."
+
+
+
+
+CHAPTER VIII
+
+CABINET-MAKING--THE DEATH OF DOUGLAS
+
+
+During all this storm and stress the President-elect was at home
+struggling with office-seekers. They came in swarms from all points of
+the compass, and in the greatest numbers from Illinois. Judging from the
+Trumbull papers alone it is safe to say that Illinois could have filled
+every office in the national Blue Book without satisfying half the
+demands. Every considerable town had several candidates for its own
+post-office, and the applicants were generally men who had real claims
+by reason of party service and personal character for the positions
+which they sought. But there were exceptions, and Trumbull brought
+trouble on his own head many times by taking part in the melee. Yet
+there seemed to be no way of escape, even if he had wished to stand
+aloof. The day of civil service reform had not yet dawned. Time has
+kindly dropped its veil over those struggles except as relates to
+Lincoln's Cabinet. The selection of the Cabinet will be considered
+chronologically so far as the Trumbull papers throw light on it.
+
+On his journey to Washington for the coming session of Congress,
+Trumbull stopped a few days in New York. While there he received a call
+from three gentlemen, who were a sub-committee of a larger number who
+had been chosen, by the opponents of the Weed overlordship in New York
+politics, to call upon Lincoln and remonstrate against the appointment
+of Seward as a member of his Cabinet. The three men were William C.
+Bryant, William Curtis Noyes, and A. Mann, Jr. They said that finding
+it impracticable to see Lincoln, they had decided to call upon Trumbull
+and ask him to present their views to the President-elect. Although
+Trumbull disclaimed any peculiar knowledge or influence in respect of
+Cabinet appointments, they proceeded to make their wishes known. They
+said that a division had taken place in the Republican party of New
+York, growing out of corruption at Albany during the last session of the
+legislature, in which many Republicans were implicated; that so strong
+was the feeling against certain transactions there, that but for the
+presidential election the Republicans would have lost the state in
+November; and that unless the transactions were repudiated by the coming
+legislature the party would be beaten next year. They did not connect
+Governor Seward personally with these transactions, but said that
+several of his particular and most intimate friends, whom they named,
+were implicated, and that if he went into the Cabinet he would draw them
+after him.
+
+Trumbull suggested to them that if Governor Seward went into the
+Cabinet, as many people considered to be his due, it did not necessarily
+follow that he would control the patronage of New York. Mr. Mann,
+however, thought that this would be inevitable. He and Mr. Bryant and
+Mr. Noyes expressed the opinion that Seward did not desire to go into
+the Cabinet unless he could control the patronage and thus serve his
+friends. They said they had no name to propose as a New York member of
+the Cabinet, but they did not want the load of the Albany plunderers put
+upon them, and that if it were so the party in New York would be ruined.
+
+The purport of this interview was communicated by Trumbull to Lincoln by
+letter dated Washington, December 2, 1860. Lincoln replied as follows:
+
+    _Private_
+
+    SPRINGFIELD, ILL., Dec. 8, 1860.
+
+    HON. LYMAN TRUMBULL.
+
+     MY DEAR SIR: Yours of the 2nd is received. I regret exceedingly
+     the anxiety of our friends in New York, of whom you write; but
+     it seems to me the sentiment in that State which sent a united
+     delegation to Chicago in favor of Gov. Seward ought not and
+     must not be snubbed, as it would be, by the omission to offer
+     Gov. S. a place in the Cabinet. _I will myself take care of the
+     question of "corrupt jobs"_ and see that justice is done to all
+     our friends of whom you wrote, as well as others.
+
+     I have written to Mr. Hamlin on this very subject of Gov. S.
+     and requested him to consult fully with you. He will show you
+     my note and enclosures to him; and then please act as therein
+     requested.
+
+    Yours as ever,
+
+    A. LINCOLN.
+
+The enclosures were a formal tender of the office of Secretary of State
+to Seward and a private letter to him urging his acceptance of the
+appointment. The note to Hamlin requested that if he and Trumbull
+concurred in the step, the letters should be handed to Seward. They were
+promptly delivered.
+
+As matters stood at that time it was certainly due to Seward that a
+place in the Cabinet should be offered to him and that it should be the
+foremost place. He was still the intellectual premier of the party and
+nobody could impair his influence but himself. The principal scheme at
+Albany, to which Bryant and his colleagues alluded, was a "gridiron"
+street railroad bill for New York City, for which Weed was the political
+engineer.
+
+Trumbull saw Horace Greeley at this time. The latter would not recommend
+taking a Cabinet officer from New York at all, but he did suggest giving
+the mission to France to John C. Fremont. If this advice had been
+followed, and Fremont had been kept out of the country, Lincoln would
+have been spared one of the most terrible thorns in the side of his
+Administration; but fate ordained otherwise, for when Cameron was taken
+into the Cabinet it became necessary to provide a place for Dayton, and
+Paris was chosen for that purpose.
+
+The Cameron affair was the greatest embarrassment that Lincoln had to
+deal with before his inauguration. It was a fact of evil omen that David
+Davis, one of the delegates of Illinois to the Chicago Convention,
+assuming to speak by authority, made promises that Simon Cameron, of
+Pennsylvania, and Caleb Smith, of Indiana, should have places in the
+Cabinet if Lincoln were elected. In so doing, Davis went counter to the
+only instructions he had ever received from Lincoln on that subject. The
+day before the nomination was made, the editor of the Springfield
+_Journal_ arrived at the rooms of the Illinois delegation with a copy of
+the _Missouri Democrat_, in which Lincoln had marked three passages and
+made some of his own comments on the margin. Then he added, in words
+underscored: "Make no contracts that will bind me." Herndon says that
+this paper was read aloud to Davis, Judd, Logan, and himself. Davis then
+argued that Lincoln, being at Springfield, could not judge of the
+necessities of the situation in Chicago, and, acting upon that view of
+the case, went ahead with his negotiations with the men of Pennsylvania
+and Indiana, and made the promises as above stated.[45]
+
+Gideon Welles, in his book on Lincoln and Seward, says there was but one
+member of the Cabinet appointed "on the special urgent recommendation
+and advice of Seward and his friends, but that gentleman was soon, with
+Seward's approval, transferred to Hyperborean regions in a way and for
+reasons never publicly made known." That man was Cameron.
+
+The implication here is that Simon Cameron was appointed a member of
+Lincoln's Cabinet in consequence of Seward's influence, and at his
+desire. That Seward and Weed labored for Cameron's appointment, and that
+Weed had private reasons for doing so, is true, but the controlling
+factor was something of earlier date. David Davis had left his
+comfortable home at Bloomington and gone to Springfield to redeem his
+convention pledges. He camped alongside of Lincoln and laid siege to
+him. He had a very strong case _prima facie_. He had not only worked for
+Lincoln with all his might, but he had paid three hundred dollars out of
+his own pocket for the rent of the Lincoln headquarters during the
+convention. This seems like a small sum now, but it was three times as
+much as Lincoln himself could have paid then for any political purpose.
+Moreover, Davis had actually succeeded in what he had undertaken.[46]
+
+A. K. McClure says, in his book on "Lincoln and Men of War Times" (p.
+139), that the men who immediately represented Cameron on that occasion
+(John P. Sanderson and Alexander Cummings) really had little influence
+with the Pennsylvania delegation, and that the change of votes from
+Cameron to Lincoln was not due to this barter.
+
+Nicolay and Hay say that after the election Lincoln invited Cameron to
+come to Springfield, but they produce no evidence to that effect. On the
+other hand, Gideon Welles, quoting from an interview with Fogg, of New
+Hampshire (a first-rate authority), says that Cameron tried to get an
+invitation to Springfield, but that Lincoln would not give it; that a
+little later Cameron invited Leonard Swett to his home at Lochiel,
+Pennsylvania, and that while there Swett took upon himself to extend
+such an invitation in Lincoln's name, and that Lincoln, although
+surprised, was obliged to acquiesce in what Swett had done.[47] Swett,
+it may be remarked, was the _Fidus Achates_ of David Davis at all times.
+
+Cameron came to Springfield with a troop of followers, and the result
+was that, on the 31st of December, Lincoln handed him a brief note
+saying that he intended to nominate him for Secretary of the Treasury,
+or Secretary of War, at the proper time.
+
+Almost immediately thereafter he received a shock from A. K. McClure in
+the form of a telegram saying that the appointment of Cameron would
+split the party in Pennsylvania and do irreparable harm to the new
+Administration. He invited McClure to come to Springfield and give him
+the particular reasons, but McClure does not tell us what the reasons
+were. Evidently they were graver and deeper than a mere faction fight in
+the party, or a question whether Cameron or Curtin should have the
+disposal of the patronage. They included personal as well as political
+delinquencies, but McClure declined to put them in writing.
+
+After hearing them, Lincoln wrote another letter to Cameron dated
+January 3, 1861, asking him to decline the appointment that had been
+previously tendered to him, and to do so at once by telegraph. Cameron
+did not decline. Consequently Lincoln repeated the request ten days
+later, January 13.
+
+In the mean time Trumbull, having learned that a place in the
+Cabinet--probably the Treasury--had been offered to Cameron, wrote a
+letter to Lincoln, dated January 3, advising him not to appoint him. To
+this letter Lincoln wrote the following reply:
+
+    _Very Confidential_
+
+    SPRINGFIELD, ILL., Jan. 7, 1861.
+
+    HON. LYMAN TRUMBULL,
+
+     MY DEAR SIR: Yours of the 3d is just received.... Gen. C. has
+     not been offered the Treasury and I think will not be. It seems
+     to me not only highly proper but a _necessity_ that Gov. Chase
+     shall take that place. His ability, firmness, and purity of
+     character produce this propriety; and that he alone can
+     reconcile Mr. Bryant and his class to the appointment of Gov.
+     S. to the State Department produces the necessity. But then
+     comes the danger that the protectionists of Pennsylvania will
+     be dissatisfied; and to clear this difficulty Gen. C. must be
+     brought to cooeperate. He would readily do this for the War
+     Department. But then comes the fierce opposition to his having
+     any Department, threatening even to send charges into the
+     Senate to procure his rejection by that body. Now, what I would
+     most like, and what I think he should prefer too, under the
+     circumstances, would be to retain his place in the Senate, and
+     if that place has been promised to another let that other take
+     a respectable and reasonably lucrative place abroad. Also, let
+     Gen. C.'s friends be, with entire fairness, cared for in
+     Pennsylvania and elsewhere. I may mention before closing that
+     besides the very fixed opposition to Gen. C. he is more amply
+     recommended for a place in the Cabinet than any other man....
+
+    Yours as ever,
+
+    A. LINCOLN.
+
+It is easy to read two facts between these lines: first, that although
+Lincoln had written a letter four days earlier withdrawing his offer to
+Cameron, some influence had intervened to cause new hesitations; second,
+that Lincoln knew that Cameron ought not to be taken into the Cabinet at
+all, and that he was now seeking some way to buy him off. The cause of
+the new hesitation was that David Davis was clinging to him like a burr.
+The last observation in the letter to Trumbull, that Cameron was more
+amply recommended for a place in the Cabinet than any other man, points
+to the activity of Seward and Weed in Cameron's behalf, of which Welles
+gives details in the interview with Fogg above mentioned.
+
+Before Lincoln's letter of the 7th reached Trumbull, the latter wrote
+the following, giving his objections to Cameron more in detail:
+
+    WASHINGTON, Jan. 10, 1861.
+
+    HON. A. LINCOLN,
+
+     MY DEAR SIR: My last to you was written in a hurry--in the
+     midst of business in the Senate, and I have not a precise
+     recollection of its terms--but I desire now to write you a
+     little more fully in regard to this Cameron movement, and in
+     doing so, I have no other desire than the success of our
+     Administration. Cameron is very generally regarded as a
+     trading, unscrupulous politician. He has not the confidence of
+     our best men. He is a great manager and by his schemes has for
+     the moment created an apparent public sentiment in Penna. in
+     his favor. Many of the persons who are most strenuously urging
+     his appointment are doubtless doing it in anticipation of a
+     compensation. It is rather an ungracious matter to interfere to
+     oppose his selection and hence those who believe him unfit and
+     unworthy of the place [Copy illegible] seems to me he is
+     totally unfit for the Treasury Department. You may perhaps ask,
+     how, if these things are true, does he have so many friends,
+     and such, to support him, and such representative men. I am
+     surprised at it, but the world is full of great examples of men
+     succeeding for a time by intrigue and management. Report says
+     that C. secured Wilmot in his favor by assurances of support
+     for the Senate, and then secured Cowan by abandoning W. at the
+     last. The men who make the charges against Cameron are not all,
+     I am sure, either his personal enemies, or governed by
+     prejudice. Another very serious objection to Cameron is his
+     connection with Gov. Seward. The Governor is a man who acts
+     through others and men believe that Cameron would be his
+     instrument in the Cabinet. It is my decided conviction that
+     C.'s selection would be a great mistake and it is a pity he is
+     [Copy illegible] Gov. Seward's appointment is acquiesced in by
+     all our friends. Some wish it were not so, but regard it rather
+     as a necessity, and are not disposed to complain. There is a
+     very general desire here to have Gov. Chase go into the Cabinet
+     and in that wish I most heartily concur. In my judgment you had
+     better put Chase in the Cabinet and leave Cameron out, even at
+     the risk of a rupture with the latter, but I am satisfied he
+     can be got along with. He is an exacting man, but in the end
+     will put up with what he can get. He cannot get along in
+     hostility to you, and when treated fairly, and as he ought to
+     be, will acquiesce. This letter is, of course, strictly
+     confidential.
+
+     There is a reaction here and the danger of an attack on
+     Washington is, I think, over.
+
+    Very truly your friend,
+
+    LYMAN TRUMBULL.
+
+The newspapers soon got hold of the fact that a place in the Cabinet had
+been offered to Cameron. They did not learn that he had been asked to
+decline it. Letters began to reach Trumbull urging him to use his
+influence to prevent such a calamity. For example:
+
+     James H. Van Alen, New York, January 8, says honest men of all
+     parties were shocked by the rumor of Cameron's appointment to
+     the Treasury. This evening Judge Hogeboom and Mr. Opdycke leave
+     for Springfield and Messrs. D. D. Field and Barney for
+     Washington to make their urgent protest against the act. Says
+     he has written to Lincoln and forwarded extracts from
+     congressional documents in relation to Simon Cameron's actions
+     as commissioner to settle the claims of the half-breed
+     Winnebago Indians. Refers to the _Congressional Globe_, 25th
+     Congress, 3d Session, p. 194.
+
+     E. Peck, Springfield, January 10, says all the Chicago members
+     of the legislature took such steps as they could to prevent the
+     appointment of Cameron, believing him not to be a proper man
+     for any place in the Cabinet. If he goes in, it will not be as
+     the head of the Treasury Department. Understands that Chase was
+     offered the Treasury, but did not accept.
+
+     C. H. Ray, Springfield, January 16, thinks that the Cameron
+     business should be brought to a halt by some decisive action
+     among the Republicans in Senate and House. Says Lincoln sees
+     the error into which he has fallen, and would, most likely, be
+     glad to recede; but, except a dozen letters, he hears only from
+     the Cameron and Weed gang.
+
+     E. Peck, Springfield, February 1, says David Davis is quite
+     "huffy" because of the objections raised to Cameron and because
+     Smith, of Indiana, is not at once admitted to the Cabinet.
+
+     William Butler (state treasurer), Springfield, February 7, says
+     that last evening he had a confidential conversation with
+     Lincoln, who told him that the appointment of Cameron, or his
+     intimation to Cameron that he would offer him a place in the
+     Cabinet, had given him more trouble than anything else that he
+     had yet encountered. He had made up his mind that after
+     reaching Washington he would first send for Cameron and say to
+     him that he intended to submit the question of his appointment
+     to the Republican Senators; that he should call them together
+     for consultation, but would leave Cameron out, as the question
+     to be considered would be solely in reference to him; and that
+     he (Lincoln) wished to deal frankly and for the good of the
+     party. Butler thinks it would be disastrous to Cameron to go
+     into the Cabinet under such circumstances.
+
+Norman B. Judd, of Chicago, was also expecting a place in the Cabinet.
+He was a lawyer by profession and general attorney of the Chicago and
+Rock Island Railroad. He had been a member of the State Senate, where he
+contributed largely to Trumbull's first election to the United States
+Senate, after which he had been devoted to Trumbull's political
+interests and no less to Lincoln's. He was chairman of the Republican
+State Committee and a member of the National Committee. He had been a
+delegate-at-large to the Chicago Convention, where he had worked
+untiringly and effectively for Lincoln's nomination. He was not a man
+of ideas, but was fertile in expedients. In politics he was a "trimmer,"
+sly, cat-like, and mysterious, and thus he came to be considered more
+farseeing then he really was; but he was jovial, companionable, and
+popular with the boys who looked after the primaries and the nominating
+conventions. Both as a legislator and a party manager his reputation was
+good, but his qualities were those of the politician rather than of the
+statesman. He was certainly the equal of Caleb Smith and the superior of
+Cameron. If he had been taken into the Cabinet, he would not have been
+ejected without assignable reasons nine months later. It was known
+immediately after the November election that he expected a Cabinet
+position and that Trumbull favored him.
+
+January 3, 1861, Judd wrote to Trumbull that he had heard no word from
+Lincoln, but he had heard indirectly from Butler (state treasurer) that
+Lincoln "never had a truer friend than myself and there was no one in
+whom he placed greater confidence; still circumstances embarrassed him
+about a Cabinet appointment." Judd understood this to mean that he would
+not be appointed and he took it very much to heart. Doubtless the
+circumstance that most embarrassed Lincoln was the same that operated in
+Cameron's case. David Davis was insisting that his pledge to the Indiana
+delegates should be made good.
+
+January 6, Lincoln made an early call on Gustave Koerner at his hotel in
+Springfield, before the latter was out of bed. Koerner gives the
+following account of it in his "Memoirs":[48]
+
+     I unbolted the door and in came Mr. Lincoln. "I want to see you
+     and Judd. Where is his room?" I gave him the number, and
+     presently he returned with Judd while I was dressing.
+
+     "I am in a quandary," he said; "Pennsylvania is entitled to a
+     Cabinet office. But whom shall I appoint?" "Not Cameron," Judd
+     and myself spoke up simultaneously. "But whom else?" We
+     suggested Reeder or Wilmot. "Oh," said he, "they have no show.
+     There have been delegation after delegation from Pennsylvania,
+     hundreds of letters and the cry is Cameron, Cameron. Besides,
+     you know I have already fixed on Chase, Seward, and Bates, my
+     competitors at the convention. The Pennsylvania people say if
+     you leave out Cameron you disgrace him. Is there not something
+     in that?" I said, "Cameron cannot be trusted. He has the
+     reputation of being a tricky and corrupt politician." "I know,
+     I know," said Lincoln; "but can I get along if that State
+     should oppose my administration?" He was very much distressed.
+     We told him he would greatly regret his appointment. Our
+     interview ended in a protest on the part of Judd and myself
+     against the appointment.
+
+January 7, Trumbull wrote to Lincoln advising him to give a Cabinet
+appointment to some person who could stand in a nearer and more
+confidential relation to him than that which grew out of political
+affinity, adding that he (Lincoln) knew whether Judd was the kind of man
+who would meet such requirements, and enclosing a written recommendation
+of Judd for such a position, signed by himself and Senators Grimes,
+Chandler, Wade, Wilkinson, Durkee, Harlan, and Doolittle. These, he
+said, were the only persons to whom the paper had been shown and the
+only ones aware of its existence.
+
+Let it be said in passing that this was bad advice. Any man going into
+the Cabinet as a more confidential friend of the President than the
+others would have had all the others for his enemies.
+
+January 10, William Jayne and Ebenezer Peck (both members of the state
+legislature) expressed the opinion that Judd would be appointed.
+Evidently the Trumbull letter and enclosure had, for the time being,
+produced the intended effect. Jayne said that Davis and Yates were
+opposed to Judd, but that Butler and Judge Logan favored him.
+
+February 17, Judd wrote from Buffalo, New York, where he was
+accompanying Lincoln on his journey to Washington, saying that he
+believed the Treasury would be offered again to Chase, and if so he must
+accept, although it might cause another "irrepressible conflict." He
+said nothing about his own prospects.[49]
+
+Evidently Lincoln had not yet decided to take Cameron into the Cabinet,
+but after he arrived in Washington the influence of Seward and Weed,
+which Dr. Ray had prefigured in a letter to Trumbull, prevailed upon him
+to do so. This was the opinion of Montgomery Blair, a high-minded man
+and an acute observer, expressed to Gideon Welles in these words:
+
+     Cameron had got into the War Department by the contrivance and
+     cunning of Seward who used him and other corruptionists as he
+     pleased with the assistance of Thurlow Weed; that Seward had
+     tried to get Cameron into the Treasury, but was unable to quite
+     accomplish that, and, after a hard underground quarrel against
+     Chase, it ended in the loss of Cameron, who went over to Chase
+     and left Seward.[50]
+
+When Cameron and Smith were appointed, the Berlin Mission was given to
+Judd, as a salve to his wound. Gustave Koerner had been "slated" in the
+newspapers for the Berlin Mission, although he had not applied for it. A
+telegram had been sent out from Springfield to the effect that that
+place had been reserved for him, and he erroneously supposed that it had
+been done with Lincoln's consent. It had been published far and wide in
+America and Europe without contradiction. Koerner's friends on both
+sides of the water had written congratulatory letters to him, and
+everybody seemed to think that the thing was done, and wisely done. Some
+of his clients had notified him that, having observed in the newspapers
+that he was going abroad for a few years, they had engaged other counsel
+to attend to their law business. At this very time Koerner was laboring
+for Judd's appointment as member of the Cabinet.
+
+The same telegram that announced failure in this attempt announced that
+Judd had been designated as Minister to Prussia and had accepted.
+Koerner felt humiliated, and he now applied for some other foreign
+mission which might be awarded to the German element of the
+party--preferably that of Switzerland; but it was now too late. The
+other places had all been spoken for. At a later period he was appointed
+Minister to Spain.
+
+On the 9th of January, 1861, Trumbull was reelected Senator of the
+United States by the legislature of Illinois, by 54 votes against 46 for
+S. S. Marshall (Democrat). His nomination in the Republican caucus was
+without opposition.
+
+At the beginning of the special session of Congress called by President
+Lincoln for July 4, 1861, Trumbull was appointed by his fellow Senators
+Chairman of the Committee on the Judiciary, which place he occupied
+during the succeeding twelve years.
+
+The first duty he was called to perform was to announce the death of his
+colleague, Stephen A. Douglas. Douglas had placed himself at Lincoln's
+service in all efforts to uphold the Constitution and enforce the laws
+against the disunionists. He returned from Washington early in April and
+got in touch with his constituents, ready to act promptly as events
+might turn out. It turned out that the Confederates struck the first
+blow in the Civil War by bombarding Fort Sumter. This was the signal
+for Douglas's last and greatest political and oratorical effort. The
+state legislature, then in session, invited him to address them on the
+present crisis, and he responded on the 25th of April in a speech which
+made Illinois solid for the Union. The writer was one of the listeners
+to that speech and he cannot conceive that any orator of ancient or
+modern times could have surpassed it. Douglas seized upon his hearers
+with a kind of titanic grasp and held them captive, enthralled,
+spellbound for an immortal hour. He was the only man who could have
+saved southern Illinois from the danger of an internecine war. The
+southern counties followed him now as faithfully and as unanimously as
+they had followed him in previous years, and sent their sons into the
+field to fight for the Union as numerously and bravely as those of any
+other section of the state or of the country. Douglas had only a few
+more days to live. He was now forty-eight years of age, but if he had
+survived forty-eight more he could never have surpassed that eloquence
+or exceeded that service to the nation, for he never could have found
+another like occasion for the use of his astounding powers.
+
+He died at Chicago, June 3, 1861. Trumbull's eulogy was solemn, sincere,
+pathetic, and impressive--a model of good taste in every way. He
+retracted nothing, but, ignoring past differences, he gave an abounding
+and heartfelt tribute of praise to the dead statesman for his matchless
+service to his country in the hour of her greatest need. He concluded
+with these words:
+
+     On the 17th day of June last, all that remained of our departed
+     brother was interred near the city of Chicago, on the shore of
+     Lake Michigan, whose pure waters, often lashed into fury by
+     contending elements, are a fitting memento of the stormy and
+     boisterous political tumults through which the great popular
+     orator so often passed. There the people, whose idol he was,
+     will erect a monument to his memory; and there, in the soil of
+     the state which so long without interruption, and never to a
+     greater extent than at the moment of his death, gave him her
+     confidence, let his remains repose so long as free government
+     shall last and the Constitution he loved so well endure.
+
+FOOTNOTES:
+
+[45] _Life of Lincoln_, by Herndon-Weik, 2d edition, III, 172, 181.
+
+[46] David Davis's habit of coercing Lincoln was once complained of by
+Lincoln himself, as related in a letter (now in the possession of Jesse
+W. Weik) of Henry C. Whitney to Wm. H. Herndon. Whitney says:
+
+"On March 5, 1861, I saw Lincoln and requested him to appoint Jim Somers
+of Champaign to a small clerkship. Lincoln was very impatient and said
+abruptly: 'There is Davis, with that way of making a man do a thing
+whether he wants to or not, who has forced me to appoint Archy Williams
+judge in Kansas right off and John Jones to a place in the State
+Department; and I have got a bushel of despatches from Kansas wanting to
+know if I'm going to fill up all the offices from Illinois.'"
+
+[47] _Diary of Gideon Welles_, II, 390.
+
+[48] Vol. II, p. 114.
+
+[49] Fogg of New Hampshire says: "Mrs. Lincoln has the credit of
+excluding Judd, of Chicago, from the Cabinet,"--which is not unlikely.
+_Diary of Gideon Welles._
+
+[50] _Diary of Gideon Welles_, I, 126.
+
+
+
+
+CHAPTER IX
+
+FORT SUMTER
+
+
+Mrs. Trumbull did not accompany her husband to Washington at the special
+session of Congress July 4, 1861. A few letters written to her by him
+have been preserved. One of these revives the memory of an affair which
+caused intense indignation throughout the loyal states.
+
+On the day when it was decided in Cabinet meeting to send supplies to
+Major Anderson in Fort Sumter, a newspaper correspondent named Harvey, a
+native of South Carolina, sent a telegram to Governor Pickens at
+Charleston notifying him of the fact. Harvey was the only newspaper man
+in Washington who had the news. He did not put his own name on the
+telegram, but signed it "A Friend." He was afterward appointed, at
+Secretary Seward's instance, as Minister to Portugal, although he was so
+obscure in the political world that the other Washington correspondents
+had to unearth and identify him to the public. It was said that he had
+once been the editor of the Philadelphia _North American_. After he had
+departed for his mission, there had been a seizure of telegrams by the
+Government and this anonymous one to Governor Pickens was found. The
+receiving-clerk testified that it had been sent by Harvey. The
+Republicans in Congress, and especially the Senators who had voted to
+confirm him, were boiling with indignation. A committee of the latter
+was appointed to call upon the President and request him to recall
+Harvey. A letter of Trumbull to his wife (July 14) says:
+
+     The Republicans in caucus appointed a committee to express to
+     him their want of confidence in Harvey, Minister to Portugal.
+     Mr. Lincoln and Mr. Seward informed the committee that they
+     were aware of the worst dispatch to Governor Pickens before he
+     left the country, but not before he received the appointment,
+     and they did not think from their conversation with Harvey that
+     he had any criminal intent, and requested the committee to
+     report the facts to the caucus, Mr. Lincoln saying that he
+     would like to know whether Senators were as dissatisfied when
+     they came to know all the facts. The caucus will meet to-morrow
+     and I do not believe will be satisfied with the explanation.
+
+The inside history of this telegram was made public long afterward.
+Shortly before Seward took office as Secretary of State there came to
+Washington City three commissioners from Montgomery, Alabama, whose
+purpose was to negotiate terms of peaceful separation of the Confederate
+States of America from the United States, or to report to their own
+Government the refusal of the latter to enter into such negotiation.
+These men were Martin J. Crawford, John Forsyth, and A. B. Roman. They
+arrived in Washington on the 27th of February, four days after Lincoln's
+arrival and one week before his inauguration. They did not make their
+errand known until after the inauguration. They then communicated with
+Seward, by an intermediary, the nature of their mission, and the latter
+replied verbally that it was the intention of the new Administration to
+settle the dispute in an amicable manner. On the 15th of March, Seward
+assured the Confederate envoys that Sumter would be evacuated before a
+letter from them could reach Montgomery--that is, within five days. The
+negotiations were protracted till a decision had been reached, contrary
+to Seward's desires and promises, to send a fleet with provisions to
+relieve the garrison at Fort Sumter. Then Seward gave this fact to
+Harvey, knowing that he would transmit it to Governor Pickens and that
+the probable effect would be to defeat the scheme of relieving the
+garrison. This he evidently desired. He had already secretly detached
+the steamer Powhatan, an indispensable part of the Sumter fleet, and
+sent it on a useless expedition to Pensacola Harbor.
+
+Gideon Welles's account of the Harvey affair is as follows:
+
+     Soon after President Lincoln had formed the resolution to
+     attempt the relief of Sumter, and whilst it was yet a secret, a
+     young man connected with the telegraph office in Washington,
+     with whom I was acquainted, a native of the same town with
+     myself, brought to me successively two telegrams conveying to
+     the rebel authorities information of the purposes and decisions
+     of the Administration. One of these telegrams was from Mr.
+     Harvey, a newspaper correspondent, who was soon after, and with
+     a full knowledge of his having communicated to the rebels the
+     movements of the Government, appointed Minister to Lisbon. I
+     had, on receiving these copies, handed them to the President.
+     Mr. Blair, who had also obtained a copy of one, perhaps both,
+     of these telegrams from another source, likewise informed him
+     of the treachery. The subject was once or twice alluded to in
+     Cabinet without eliciting any action, and when the nomination
+     of Mr. Harvey to the Portuguese Mission was announced--a
+     nomination made without the knowledge of any member of the
+     Cabinet but the Secretary of State and made at his special
+     request--there was general disapprobation except by the
+     President (who avoided the expression of any opinion) and by
+     Mr. Seward. The latter defended and justified the selection,
+     which he admitted was recommended by himself, but the President
+     was silent in regard to it.[51]
+
+Trumbull says in his letter that Lincoln and Seward told the committee
+that they did not know that Harvey had sent the dispatch before he
+received the appointment. Welles says that both of them knew it
+beforehand, and that it was a matter of Cabinet discussion in which
+Lincoln, however, took no part. How are we to explain this
+contradiction? It was impossible for Lincoln to utter an untruth, but if
+we may credit Gideon Welles, _passim_, it was not impossible for Seward
+to do so and for Lincoln to remain silent while he did so, as he
+remained silent while the Cabinet were discussing the appointment of
+Harvey. If Seward, at the meeting of which Trumbull wrote, in this
+private letter to his wife, took the lead in the conversation, as was
+his habit, and said that there was no knowledge of Harvey's telegram to
+Governor Pickens until after Harvey had been appointed as minister, and
+Lincoln said nothing to the contrary, he would naturally have assumed
+that Seward spoke for both.
+
+There is reason to believe that Seward had previously prevailed upon the
+President to agree to surrender Fort Sumter, as a means of preventing
+the secession of Virginia. Evidence of this fact is supplied by the
+following entry in the diary of John Hay, under date October 22, 1861:
+
+     At Seward's to-night the President talked about Secession,
+     Compromise, and other such. He spoke of a Committee of Southern
+     pseudo-unionists coming to him before inauguration for
+     guarantees, etc. _He promised to evacuate Sumter if they would
+     break up their Convention without any row, or nonsense._ They
+     demurred. Subsequently he renewed proposition to Summers, but
+     without any result. The President was most anxious to prevent
+     bloodshed.[52]
+
+Hay here speaks of two offers made by Lincoln to evacuate Sumter, one
+before his inauguration and one after. Both were made on condition that
+a certain convention should be adjourned. This was the convention of
+Virginia, which had been called to consider the question of secession.
+It had met in Richmond on the 18th of February, while Lincoln was _en
+route_ for Washington. As Lincoln arrived in Washington on the 23d of
+February, the first offer must have been made in the interval between
+that day and the 4th of March.
+
+The History of Nicolay and Hay does not mention the first offer. It
+speaks of the second one as a matter about which the facts are in
+dispute, the disputants being John Minor Botts and J. B. Baldwin. Botts
+was an ex-member of Congress from Virginia and a strong Union man.
+Baldwin was a member of the Virginia Convention and a Union man. He had
+come to Washington in response to an invitation which Lincoln had sent,
+on or about the 20th of March, to George W. Summers, who was likewise a
+member of the convention. Summers was not able to come at the time when
+the invitation reached him, and he deputed Baldwin to go in his place.
+
+After the war ended, Botts wrote a book entitled "The Great Rebellion,"
+in which he gave the following account of an interview he had had with
+President Lincoln on Sunday, April 7, 1861 (two days after Baldwin had
+had his interview):
+
+     About this time Mr. Lincoln sent a messenger to Richmond,
+     inviting a distinguished member of the Union party to come
+     immediately to Washington, and if he could not come himself, to
+     send some other prominent Union man, as he wanted to see him on
+     business of the first importance. The gentleman thus addressed,
+     Mr. Summers, did not go, but sent another, Mr. J. B. Baldwin,
+     who had distinguished himself by his zeal in the Union cause
+     during the session of the convention; but this gentleman was
+     slow in getting to Washington, and did not reach there for
+     something like a week after the time he was expected. He
+     reached Washington on Friday, the 5th of April, and, on calling
+     on Mr. Lincoln, the following conversation in substance took
+     place, as I learned from Mr. Lincoln himself. After expressing
+     some regret that he had not come sooner, Mr. Lincoln said, "My
+     object in desiring the presence of Mr. Summers, or some other
+     influential and leading member of the Union party in your
+     convention, was to submit a proposition by which I think the
+     peace of the country can be preserved; but I fear you are
+     almost too late. However, I will make it yet.
+
+     "This afternoon," he said, "a fleet is to sail from the harbor
+     of New York for Charleston; your convention has been in session
+     for nearly two months, and you have done nothing but hold and
+     shake the rod over my head. You have just taken a vote, by
+     which it appears you have a majority of two to one against
+     secession. Now, so great is my desire to preserve the peace of
+     the country, and to save the border states to the Union, that
+     if you gentlemen of the Union party will adjourn without
+     passing an ordinance of secession, I will telegraph at once to
+     New York, arrest the sailing of the fleet, and take the
+     responsibility of EVACUATING FORT SUMTER!"
+
+     The proposition was declined. On the following Sunday night I
+     was with Mr. Lincoln, and the greater part of the time alone,
+     when Mr. Lincoln related the above facts to me. I inquired,
+     "Well, Mr. Lincoln, what reply did Mr. Baldwin make?" "Oh,"
+     said he, throwing up his hands, "he wouldn't listen to it at
+     all; scarcely treated me with civility; asked me what I meant
+     by an adjournment; was it an adjournment _sine die_?" "Of
+     course," said Mr. Lincoln, "I don't want you to adjourn, and,
+     after I have evacuated the fort, meet again to adopt an
+     ordinance of secession." I then said, "Mr. Lincoln, will you
+     authorize _me_ to make that proposition? For I will start
+     to-morrow morning, and have a meeting of the Union men
+     to-morrow night, who, I have no doubt, will gladly accept it."
+     To which he replied, "It's too late, now; the fleet sailed on
+     Friday evening."
+
+In 1866, the Reconstruction Committee of Congress got an inkling of this
+interview between Lincoln and Baldwin, called Baldwin as a witness, and
+questioned him about it. He testified that he had an interview with the
+President at the date mentioned, but denied that Lincoln had offered to
+evacuate Fort Sumter if the Virginia Convention would adjourn _sine
+die_. Thereupon Botts collected and published a mass of collateral
+evidence to show that Baldwin had testified falsely.
+
+Botts says in his book that he had confirmatory letters from Governor
+Peirpoint, General Millson, of Virginia, Dr. Stone, of Washington, Hon.
+Garrett Davis (Senator from Kentucky), Robert A. Gray, of Rockingham
+(brother-in-law to Baldwin), Campbell Tarr, of Wheeling, and three
+others, to whom Lincoln made the statement regarding his interview with
+Baldwin, in almost the same language in which he made it to Botts
+himself. Botts quotes from two letters written to him by John F. Lewis
+in 1866, in which the latter says that Baldwin acknowledged to him
+(Lewis) that Lincoln did offer to evacuate Fort Sumter on the condition
+named. There are persons now living to whom Lewis made the same
+statement, verbally.
+
+There is another piece of evidence, supplied by Rev. R. L. Dabney in the
+Southern Historical Society Papers, in a communication entitled "Colonel
+Baldwin's Interview with Mr. Lincoln." This purports to give the
+writer's recollections of an interview with Baldwin in March, 1865, at
+Petersburg, while the siege of that place was going on. Baldwin said
+that Secretary Seward sent Allan B. Magruder as a messenger to Mr.
+Janney, president of the Virginia Convention, urging that one of the
+Union members come to Washington to confer with Lincoln. Baldwin was
+called out of the convention by Summers on the 3d of April to see
+Magruder, and the latter said that Seward had authorized him to say that
+Fort Sumter would be evacuated on Friday of the ensuing week. The
+gentlemen consulted urged Baldwin to go to Washington, and he consented
+and did go promptly. Seward accompanied him to the White House and
+Lincoln took him upstairs into his bedroom and locked the door. Lincoln
+"took a seat on the edge of the bed, spitting from time to time on the
+carpet." The two entered into a long dispute about the right of
+secession. Baldwin insisted that coercion would lead to war, in which
+case Virginia would join in behalf of the seceded states.
+
+     Lincoln's native good sense [the narrative proceeds], with
+     Baldwin's evident sincerity, seemed now to open his eyes to the
+     truth. He slid off the edge of the bed and began to stalk in
+     his awkward manner across the chamber in great excitement and
+     perplexity. He clutched his shaggy hair as though he would jerk
+     out handfuls by the roots. He frowned and contorted his
+     features, exclaiming, "I ought to have known this sooner; you
+     are too late, sir, _too late_. Why did you not come here four
+     days ago and tell me all this?" Colonel Baldwin replied: "Why,
+     Mr. President, you did not ask our advice."
+
+The foregoing narrative involves the supposition that Lincoln, in the
+midst of preparations for sending a fleet to Fort Sumter, dispatched a
+messenger to Richmond to bring a man to Washington to discuss with him
+the abstract question of the right of a state to secede, and that,
+having procured the presence of such a person, he took him into a
+bedroom, locked the door, and had the debate with him, taking care that
+nobody else should hear a syllable of it. Not a word about Fort Sumter,
+although Magruder, the messenger, had said that it would be evacuated on
+the following Friday! Yet the Rev. Mr. Dabney did not see the
+incongruity of the situation.
+
+Nicolay and Hay say that Lincoln did not make any offer to Baldwin to
+evacuate Sumter, but did tell him what he had intended to say to
+Summers, if the latter had come to Washington at the right time.[53]
+
+Douglas in combating the Rebels, in contrast to the futile diplomacy of
+Seward:
+
+A marvelous incident is related in Welles's Diary immediately after his
+narrative of the Harvey affair. It describes the activity and
+earnestness of Stephen A.
+
+     Two days preceding the attack on Sumter, I met Senator Douglas
+     in front of the Treasury Building. He was in a carriage with
+     Mrs. Douglas, driving rapidly up the street. When he saw me he
+     checked his driver, jumped from the carriage, and came to me on
+     the sidewalk, and in a very earnest and emphatic manner said
+     the rebels were determined on war and were about to make an
+     assault on Sumter. He thought immediate and decisive measures
+     should be taken; considered it a mistake that there had not
+     already been more energetic action; said the dilatory
+     proceedings of the Government would bring on a terrible civil
+     war; that the whole South was united and in earnest. Although
+     he had differed with the Administration on important questions
+     and would never be in accord with some of its members on
+     measures and principles that were fundamental, yet he had no
+     fellowship with traitors or disunionists. He was for the Union
+     and would stand by the Administration and all others in its
+     defense, regardless of party. [Welles proposed that they should
+     step into the State Department and consult with Seward.] The
+     look of mingled astonishment and incredulity which came over
+     him I can never forget. "Then you," he said, "have faith in
+     Seward! Have you made yourself acquainted with what has been
+     going on here all winter? Seward has had an understanding with
+     these men. If he has influence with them, why don't he use it?"
+
+Douglas considered it a waste of time and effort to talk to Seward,
+considered him a dead weight and drag on the Administration; said that
+Lincoln was honest and meant to do right, but was benumbed by Seward;
+but finally yielded to Welles's desire that they should go into Seward's
+office, in front of which they were standing. They went in and Douglas
+told Seward what he had told Welles, that the rebels were determined on
+war and were about to make an assault on Sumter, and that the
+Administration ought not to delay another minute, but should make
+instant preparations for war. All the reply they got from Seward was
+that there were many rash and reckless men at Charleston and that if
+they were determined to assault Sumter he did not know how they were to
+be prevented from doing so.
+
+Seward's aims were patriotic but futile. He wished to save the Union
+without bloodshed, but the steps which he took were almost suicidal.
+What the country then needed was a jettison of compromises, and a
+resolution of doubts. Providence supplied these. The bombardment of
+Sumter accomplished the object as nothing else could have done. Nothing
+could have been contrived so sure to awaken the volcanic forces that
+ended in the destruction of slavery as the spectacle in Charleston
+Harbor.
+
+FOOTNOTES:
+
+[51] _Diary of Gideon Welles_, I, 32.
+
+[52] _Letters and Diaries of John Hay_, 1, 47.
+
+[53] Nicolay and Hay, III, 428. Probably the entry in Hay's Diary had
+been forgotten when the History was written, twenty-five years later.
+
+
+
+
+CHAPTER X
+
+BULL RUN--THE CONFISCATION ACT
+
+
+In company with other Senators, Trumbull went to the battle of Bull Run,
+July 21, 1861. His experience there he communicated to his wife, first
+by a brief telegram, and afterwards by letter. The telegram was
+suppressed by the authorities in charge of the telegraph office, who
+substituted one of their own in place of it and appended his name to it.
+The letter follows:
+
+    WASHINGTON, July 22nd, 1861.
+
+     We started over into Virginia about 9 o'clock A.M., and drove
+     to Centreville, which is a high commanding position and a
+     village of perhaps fifty houses. Bull Run, where the battle
+     occurred, is South about 3 miles and the creek on the main
+     road, looking West, is about 4-1/2 miles distant. The country
+     is timbered for perhaps a mile West of the creek, between which
+     and Centreville there are a good many cleared fields. At
+     Centreville, Grimes and I got saddles and rode horseback down
+     the main road towards the creek about three miles toward a
+     hospital where were some few wounded soldiers and a few
+     prisoners who had been sent back. This was about half-past
+     three o'clock P.M. Here we met with Col. Vandever of Iowa, who
+     gave us a very clear account of the battle. He had been with
+     Gen. McDowell and Gen. Hunter, who with the strongest part of
+     the army, had gone early in the morning a few miles north of
+     the main road and crossed the creek to take the enemy in the
+     flank. His division had very serious fighting, but had driven
+     the enemy back and taken three of his batteries. At the
+     hospital we were about one and a half miles from Generals Tyler
+     and Schenck, Col. Sherman, etc., who were down the road in the
+     woods and out of sight, with several regiments and a number of
+     guns. Their troops, Vandever told us, were a good deal
+     demoralized, and he feared an attack from the South towards
+     Bull Run where the battle of a few days ago was fought. About
+     this time a battery, apparently not more than a mile and a half
+     distant and from the South, fired on the battery where Sherman
+     and Schenck were. The firing was not rapid. On the hill at
+     Centreville we could see quite beyond the timber of the creek
+     off towards Manassas and see the smoke and hear the report of
+     the artillery, but not very rapid as I thought. This we
+     observed before leaving Centreville, and were told it was our
+     main army driving the enemy back, but slowly and with great
+     difficulty.
+
+     While at the hospital McDougall of California came up from the
+     neighborhood of Gen. Schenck and said he was going back towards
+     Centreville to a convenient place where he could get water and
+     take lunch. As Grimes and myself had got separated from Messrs.
+     Wade and Chandler and Brown, who had with them our supplies, we
+     concluded to go back with McD. and partake with him. We
+     returned on the road towards Centreville and turned up towards
+     a house fifty or a hundred yards from the road, where we
+     quietly took our lunch, the firing continuing about as before.
+     Just as we were putting away the things we heard a great noise,
+     and looking up towards the road saw it filled with wagons,
+     horsemen and footmen in full run towards Centreville. We
+     immediately mounted our horses and galloped to the road, by
+     which time it was crowded, hundreds being in advance on the way
+     to Centreville and two guns of the Sherman battery having
+     already passed in full retreat. We kept on with the crowd, not
+     knowing what else to do. On the way to Centreville many
+     soldiers threw away their guns, knapsacks, etc. Gov. Grimes and
+     I each picked up a gun. I soon came up to Senator Lane of
+     Indiana, and the gun being heavy to carry and he better able to
+     manage it, I gave it to him. Efforts were made to rally the men
+     by civilians and others on their way to Centreville, but all to
+     no purpose. Literally, three could have chased ten thousand.
+     All this stampede was occasioned, as I understand, by a charge
+     of not exceeding two hundred cavalry upon Schenck's column down
+     in the woods, which, instead of repulsing as they could easily
+     have done (having before become disordered and having lost some
+     of their officers), broke and ran, communicating the panic to
+     everybody they met. The rebel cavalry, or about one hundred of
+     them, charged up past the hospital where we had been and took
+     there some prisoners, as I am told, and released those we had.
+     It was the most shameful rout you can conceive of. I suppose
+     two thousand soldiers came rushing into Centreville in this
+     disorganized condition. The cavalry which made the charge I did
+     not see, but suppose they disappeared in double-quick time, not
+     dreaming that they had put a whole division to flight. Several
+     guns were left down in the woods, though I believe two were
+     brought off. What became of Schenck I do not know. Tyler, I
+     understand, was at Centreville when I got back there. Whether
+     other portions of our army were shamefully routed just at the
+     close of the day, after we had really won the battle, it seems
+     impossible for me to learn, though I was told that McDowell was
+     at Centreville when we were there and that his column had also
+     been driven back. If this be so it is a terrible defeat. At
+     Centreville there was a reserve of 8000 or 10,000 men under
+     Col. Miles who had not been in the action and they were formed
+     in line of battle when we left there, but the enemy did not, I
+     presume, advance to that point last night, as we heard no
+     firing. We fed our horses at Centreville and left there at six
+     o'clock last evening. Came on to Fairfax Court House, where we
+     got supper, and leaving there at ten o'clock reached home at
+     half-past two this morning, having had a sad day and witnessed
+     scenes I hope never to see again. Not very many baggage wagons,
+     perhaps not more than fifty, were advanced beyond Centreville.
+     From them the horses were mostly unhitched and the wagons left
+     standing in the road when the stampede took place. This side of
+     Centreville there were a great many wagons, and the alarm if
+     possible was greater than on the other. Thousands of shovels
+     were thrown out upon the road, also axes, boxes of provisions,
+     etc. In some instances wagons were upset to get them out of the
+     road, and the road was full of four-horse wagons retreating as
+     fast as possible, and also of flying soldiers who could not be
+     made to stop at Centreville. The officers stopped the wagons
+     and a good many of the retreating soldiers by putting a file of
+     men across the road and not allowing them to pass. In this way
+     all the teams were stopped, but a good many stragglers climbed
+     the fences and got by. I fear that a great, and, of course, a
+     terrible slaughter has overtaken the Union forces--God's ways
+     are inscrutable. I am dreadfully disappointed and mortified.
+
+Copy of telegram sent to Mrs. Lyman Trumbull, July 22, 1861:
+
+     The battle resulted unfavorably to our cause.
+
+     LYMAN T.
+
+When received by Mrs. Trumbull, it read:
+
+     I came from near the battlefield last night. It was a
+     desperately bloody fight.
+
+The only bill of importance passed at the July session of Congress at
+Trumbull's instance was one to declare free all slaves who might be
+employed by their owners, or with their owners' consent, on any military
+or naval work against the Government, and who might fall into our hands.
+It was called a Confiscation Act, but it did not confiscate any other
+than slave property. It was an entering wedge, however, for complete
+emancipation which came by successive steps later.
+
+At the beginning of the regular session (December, 1861), I was sent to
+Washington City as correspondent of the Chicago _Tribune_, and was, for
+the first time, brought into close relations with Trumbull. He had
+rented a house on G Street, near the Post-Office Department.
+
+Very few Senators at that period kept house in Washington. At Mrs.
+Shipman's boarding-house on Seventh Street, lived Senators Fessenden,
+Grimes, Foot, and Representatives Morrill, of Vermont, and Washburne, of
+Illinois; and there I also found quarters. As this was only a block
+distant from the Trumbulls', and as I had received a cordial welcome
+from them, I was soon on terms of intimacy with the family. Mr. Trumbull
+was then forty-eight-years of age, five feet ten and one half inches in
+height, straight as an arrow, weighing one hundred and sixty-seven
+pounds, of faultless physique, in perfect health, and in manners a
+cultivated gentleman. Mrs. Trumbull was thirty-seven years old, of
+winning features, gracious manners, and noble presence. Five children
+had been born to them, all sons. Walter, fifteen years of age, the
+eldest then living, had recently returned from an ocean voyage on the
+warship Vandalia, under Commander S. Phillips Lee. A more attractive
+family group, or one more charming in a social way or more kindly
+affectioned one to another, I have never known. Civilization could show
+no finer type.
+
+The Thirty-seventh Congress met in a state of great depression. Disaster
+had befallen the armies of the Union, but the defeat at Bull Run was not
+so disheartening as the subsequent inaction both east and west.
+McClellan on the Potomac had done nothing but organize and parade.
+Fremont on the Mississippi had done worse than nothing. He had
+surrounded himself with a gang of thieves whose plundering threatened to
+bankrupt the treasury, and when he saw exposure threatening he issued a
+military order emancipating slaves, the revocation of which by the
+President very nearly upset the Government. The popular demand for a
+blow at slavery as the cause of the rebellion had increased in
+proportion as the military operations had been disappointing. Lincoln
+believed that the time had not yet come for using that weapon. He
+revoked Fremont's order. He thereby saved Kentucky to the Union, and he
+still held emancipation in reserve for a later day; but he incurred the
+risk of alienating the radical element of the Republican party--an
+honest, fiery, valiant, indispensable wing of the forces supporting the
+Union. The explosion which took place in this division of the party was
+almost but not quite fatal. Many letters received by Trumbull at this
+juncture were angry and some mournful in the extreme. The following
+written by Mr. M. Carey Lea, of Philadelphia, touches upon a danger
+threatening the national finances, in consequence of this episode:
+
+    PHILADELPHIA, Nov. 1, 1861.
+
+     DEAR SIR: The ability of our Government to carry on this war
+     depends upon its being able to continue to obtain the enormous
+     amounts of money requisite. Of late, within a week or so, an
+     alarming falling off in the bond subscriptions has taken place.
+     Now it is upon these private subscriptions that the ability of
+     the banks to continue to lend the Government money depends, and
+     unless a change takes place they will be unable to take the
+     fifty millions remaining of the one hundred and fifty millions
+     loan. A member of the committee informed me lately that the
+     banks had positively declined to pledge themselves before the
+     1st of December, notwithstanding Mr. Chase's desire that they
+     should do so.
+
+     This sudden diminution of subscriptions arises from the course
+     taken by some of our friends in the West. Even suppose that
+     Gen. Fremont is treated unfairly by the Government (and I think
+     he is fairly termed incapable)--but suppose there should be
+     injustice done him--you might disapprove it, but the moment
+     there is any serious idea of _resisting_ the act of the
+     President, _this_ war is ended. For the bare suggestion of such
+     a thing has almost stopped subscriptions, and the serious
+     discussion, much more the attempt, would instantly put an end
+     to them.
+
+     I beg to remind you that in what I say I have no prejudice
+     against Fremont. I voted for him and have always concurred in
+     opinions with the Republican party, but we have now reached a
+     point where, if we look to _men_ and not to _principles_, we
+     are shipwrecked. Fremont is not more anti-slavery in his views
+     than Lincoln and Seward, and if he were in their place would
+     adopt the same cautious policy. The state of affairs must be my
+     excuse for intruding upon you these views. We _all_ have _all_
+     at stake and such a crisis leads those to speak who are
+     ordinarily silent. I remain, my dear Sir,
+
+    Yours respectfully,
+
+    M. CAREY LEA.
+
+To this weighty communication Trumbull made the following reply:
+
+    WASHINGTON, Nov. 5th, 1861.
+
+     MY DEAR SIR: Thanks for your kind letter just received. I was
+     not aware of a disposition in the West to resist the act of the
+     President in regard to Gen. Fremont; though I was aware that
+     there was very great dissatisfaction in that part of the
+     country at the want of enterprise and energy on that part of
+     our Grand Army of the Potomac. We are fighting to sustain
+     constitutional government and regulated liberty, and, of
+     course, to set up any military leader in opposition to the
+     constituted authorities would be utterly destructive of the
+     very purpose for which the people of the loyal states are now
+     so liberally contributing their blood and treasure, and could
+     only be justified in case those charged with the administration
+     of affairs were betraying their trusts or had shown themselves
+     utterly incompetent and unable to maintain the Government. In
+     my opinion this rebellion ought to and might have been crushed
+     before this.
+
+     I have entire confidence in the integrity and patriotism of the
+     President. He means well and in ordinary times would have made
+     one of the best of Presidents, but he lacks confidence in
+     himself and the _will_ necessary in this great emergency, and
+     he is most miserably surrounded. Now that Gen. Scott has
+     retired, I hope for more activity and should confidently expect
+     it did I not know that there is still remaining an influence
+     almost if not quite controlling, which I fear is looking more
+     to some grand diplomatic move for the settlement of our
+     troubles than to the strengthening of our arms. It is only by
+     making this war terrible to traitors that our difficulties can
+     be permanently settled. War means desolation, and they who have
+     brought it on must be made to feel all its horrors, and our
+     armies must go forth using all the means which God and nature
+     have put in their hands to put down this wicked rebellion. This
+     in the end will be done, and if our armies are vigorously and
+     actively led will soon give us peace. I trust that Gen.
+     McClellan will now drive the enemy from the vicinity of the
+     Capital--that he has the means to do it, I have no doubt. If
+     the case were reversed and the South had our means and our arms
+     and men, and we theirs, they would before this have driven us
+     to the St. Lawrence. If our army should go into winter quarters
+     with the Capital besieged, I very much fear the result would be
+     a recognition of the Confederates by foreign Governments, the
+     demoralization of our own people, and of course an inability
+     to raise either men or money another season. Such must not be.
+     Action, action is what we want and must have. God grant that
+     McClellan may prove equal to the emergency.
+
+    Yours very truly,
+
+    LYMAN TRUMBULL.
+
+The "influence almost if not quite controlling" meant Seward. Secretary
+Cameron went to St. Louis to investigate Fremont and found him guilty.
+Two months later he followed Fremont's example.[54] In his report as
+Secretary of War he inserted an argument in favor of the emancipation
+and arming of slaves. This he sent to the newspapers in advance of its
+delivery to the President and without his knowledge. The latter
+discovered it in time to expunge the objectionable part and to prevent
+its delivery to Congress, but not soon enough to recall it from the
+press. The expunged part was published by some of the newspapers that
+had received it and was reproduced in the _Congressional Globe_
+(December 12), by Representative Eliot, of Massachusetts.
+
+The next man to take upon himself the responsibility of declaring the
+nation's policy on this momentous question was General David Hunter, who
+then held sway over a small strip of ground on the coast of South
+Carolina. In the month of May, 1862, he issued an order granting freedom
+to all slaves in South Carolina, Georgia, and Florida. Hunter's order
+was promptly revoked by the President.
+
+Trumbull had been the pioneer, at the July session, in the way of
+legislation for freeing the slaves. On the first day of the regular
+session he took another step forward, by introducing a bill for the
+confiscation of the property of the rebels and for giving freedom to
+persons held as slaves by them. This came to be known as the
+Confiscation Act.
+
+On the 5th of December, 1861, he reported the bill from the Committee on
+the Judiciary and made a brief speech on it. It provided that all the
+property, real and personal, situated within the limits of the United
+States, belonging to persons who should bear arms against the
+Government, or give aid and comfort to those in rebellion, which persons
+should not be reachable by the ordinary process of law, should be
+forfeited and confiscated to the United States and that the forfeiture
+should take immediate effect; and that the slaves of all such persons
+should be free. Also that no slaves escaping from servitude should be
+delivered up unless the person claiming them should prove that he had
+been at all times loyal to the Government. Also that no officer in the
+military or naval service should assume to decide whether a claim made
+by a master to an escaping slave was valid or not.
+
+This bill was the _piece de resistance_ of senatorial debate for the
+whole session. Its confiscatory features were attacked on the 4th of
+March by Senator Cowan, in a speech of great force. Cowan was a new
+Senator from Pennsylvania, a Republican of conservative leanings, and a
+great debater. He opposed the bill on grounds of both constitutionality
+and expediency. On the 24th of April, Collamer, of Vermont, expressed
+the sound opinions that private property could not be confiscated except
+by judicial process, and that even if it could be done it would be bad
+policy, since it would tend to prolong the war and would constitute a
+barrier against future peace.
+
+The Confederate Government had led the way by passing a law (May 21,
+1861) sequestrating all debts due to Northern individuals or
+corporations and authorizing the payment of the same to the Confederate
+Treasury. The whole subject was extremely complex. "There was commonly,"
+says a recent writer in the _American Historical Review_, "a failure in
+the debates to discriminate between a general confiscation of property
+within the jurisdiction of the confiscating government and the treatment
+accorded by victorious armies to private property found within the
+limits of military occupation. Thus the general rule exempting private
+property on land from the sort of capture property must suffer at sea,
+was erroneously appealed to as an inhibition upon the right of judicial
+confiscation. That a military capture on land analogous to prize at sea
+was not regarded as a legitimate war measure was so obvious and well
+recognized a principle that it would hardly require a continual
+reaffirmation. It was a very different matter, however, so far as the
+law and practice of nations was concerned, for a belligerent to attack
+through its courts whatever enemy's property might be available within
+its limits."[55]
+
+Collamer offered an amendment to strike out the first section of the
+bill and insert a clause providing that every person adjudged guilty of
+the crime of treason should suffer death, or, at the discretion of the
+court, be imprisoned not less than five years and fined not less than
+ten thousand dollars, which fine should be levied on any property, real
+or personal, of which he might be possessed. The fine was to be in lieu
+of confiscation. The aim of the amendment was to substitute due process
+of law in place of legislative forfeiture. Various other amendments were
+offered. On the 6th of May, the Senate voted by 24 to 14 to refer the
+bill and amendments to a select committee of nine. The House, which had
+been waiting for the Senate bill, decided on the 14th of May to take up
+a measure of its own, which it passed on the 26th. The select committee
+of the Senate framed a measure regarding the emancipation of escaping
+slaves. This and the House bill were sent to a conference committee,
+which reported the bill which became a law July 17, 1862.
+
+This was not the end of it, however. Provision had been made in the bill
+for the forfeiture, by judicial process, of the property, both real and
+personal, of rebels, regardless of the clause of the Constitution which
+declares that "no attainder of treason shall work corruption of blood,
+or forfeiture, except during the life of the person attainted." No such
+exception was made in the bill. The President considered it
+unconstitutional in this particular, and he wrote a short message giving
+his reasons for withholding his approval of the measure. A rumor of his
+intention reached Senator Fessenden, who called at the White House to
+inquire whether it was true. He had a frank conversation with the
+President, the result of which was that both houses passed a joint
+resolution providing that no punishment or proceedings under the
+Confiscation Act should be so construed as to work a forfeiture of the
+real estate of the offender beyond his natural life. Lincoln's intended
+veto of the Confiscation Bill is printed on page 3406 of the
+_Congressional Globe_. Touching confiscation in general he expressed the
+golden opinion that "the severest justice may not always be the best
+policy." But he would not have vetoed the bill on grounds of expediency
+merely. The forfeiture of real estate in perpetuity was the insuperable
+objection in his mind. And he here seems to me to have been entirely
+right. Yet Trumbull had the support of Judge Harris, Seward's successor
+in the Senate, than whom nobody stood higher as a lawyer at that day.
+
+The President then signed both the bill and the joint resolution. The
+Confiscation Act remained, however, practically a dead letter, except as
+to the freeing of the slaves. In the latter particular it was the first
+great step toward complete emancipation, since it took effect upon
+slaves within our lines, who could be reached and made free _de facto_.
+It provided that all slaves of persons who should be thereafter engaged
+in rebellion, escaping and taking refuge in the lines of the Union
+forces, and all such slaves found in places captured by such forces,
+should be declared free; that no slaves escaping should be delivered up
+unless the owner should swear that he had not aided the rebellion; that
+no officer of the United States should assume to decide on the validity
+of the claim of any person to an escaping slave; that the President
+should be authorized to employ negroes for the suppression of the
+rebellion in any capacity he saw fit; and that he might colonize negroes
+with their own consent and the consent of the foreign Government
+receiving them.
+
+According to a report of the Solicitor of the Treasury dated Dec. 27,
+1867, the total proceeds of confiscation actually paid into the Treasury
+up to that time amounted to the insignificant sum of $129,680.
+
+The enforcement of the confiscation act was placed under the charge of
+the Attorney-General. Practically, however, it was performed by officers
+of the army, so far as it was enforced at all. General Lew Wallace,
+while in command of the Middle Department at Baltimore, in 1864, issued
+two orders declaring his intention to confiscate the property of
+certain persons who were either serving in the rebel army or giving aid
+to the Confederate cause. These orders, which were published in the
+newspapers, came to the notice of Attorney-General Bates, who at once
+wrote to Wallace to remind him that the execution of the confiscation
+act devolved upon the Attorney-General, and that he (Bates) had not
+given any orders which would warrant the Commander of the Middle
+Department in seizing private property, and requesting him to withdraw
+the orders. Wallace replied that his construction of the law differed
+from that of the Attorney-General and that he should execute it
+according to his own understanding of it. Thereupon Bates took the
+orders, and the correspondence, to the President and declared his
+intention to resign his office if his functions were usurped by military
+men in the field, or by the War Department. Lincoln took the papers, and
+directed Secretary Stanton to require Wallace to withdraw the two orders
+and to desist from confiscation altogether. This was done by Stanton,
+but the orders were never publicly withdrawn although action under them
+was discontinued.
+
+FOOTNOTES:
+
+[54] Gideon Welles quotes Montgomery Blair as saying in conversation
+(September 12, 1862): "Bedeviled with the belief that he might be a
+candidate for the Presidency, Cameron was beguiled and led to mount the
+nigger hobby, alarmed the President with his notions, and at the right
+moment (B. says) he plainly and promptly told the President he ought to
+get rid of C. at once, that he was not fit to remain in the Cabinet, and
+was incompetent to manage the War Department, which he had undertaken to
+run by the aid of Tom A. Scott, a corrupt lobby jobber from
+Philadelphia." (_Diary_, I, 127.)
+
+[55] Article on "Some Legal Aspects of the Confiscation Acts of the
+Civil War," by J. G. Randall. _Am. Hist. Review_, October, 1912.
+
+
+
+
+CHAPTER XI
+
+THE EXPULSION OF CAMERON
+
+
+Early in the year 1862, it was found that the national credit was
+sinking in consequence of frauds in the War Department. A Committee on
+Government Contracts was appointed by the House, and the first man to
+fall under its censure was Alexander Cummings, one of the two
+Pennsylvania politicians with whom David Davis had made his bargain for
+votes at the Chicago convention.
+
+The War Department was represented at New York by General Wool with a
+suitable staff, Major Eaton being the commissary. There was also a Union
+Defense Committee consisting of eminent citizens who had volunteered to
+serve the Government in whatever capacity they might be needed.
+Nevertheless, Secretary Cameron placed a fund of two million dollars in
+the hands of General Dix, Mr. Opdycke, and Mr. Blatchford, to be
+disbursed by E. D. Morgan and Alexander Cummings, or either of them, for
+the purpose of forwarding troops and supplies to Washington. As E. D.
+Morgan was Governor of the State and was busy at Albany, this
+arrangement would be likely to devolve most of the purchases on Cummings
+alone. Cameron wrote on April 2, to Cummings:
+
+     The Department needs at this moment an intelligent,
+     experienced, and energetic man on whom it can rely, to assist
+     in pushing forward troops, munitions, and supplies. I am aware
+     that your private affairs may demand your time. I am sure your
+     patriotism will induce you to aid me even at some loss to
+     yourself.
+
+Major Eaton, the army commissary, distinctly informed Cummings that his
+services were not needed in the purchase of supplies. Nevertheless,
+Cummings drew $160,000 out of the two-million fund and proceeded to
+disburse the same. He first appointed a certain Captain Comstock to
+charter or purchase vessels. Captain Comstock went to Brooklyn,
+accompanied by a friend, and inspected a steamer appropriately named the
+Catiline, which he found could be bought for $18,000. Before he made his
+report to Cummings, the friend who accompanied him suggested to another
+friend named John E. Develin that there was a chance to make some money
+"by good management." Comstock at the same time assured Colonel D. D.
+Tompkins, of the Quartermaster's Department, that the ship was worth
+$50,000. Comstock testified that he was sent for by Thurlow Weed to come
+to the Astor House at the outbreak of the troubles, and that Weed stated
+to him that he (Weed) was an agent of the Government to send troops and
+munitions of war to Washington by way of the Chesapeake, and that he
+wished to charter vessels for that purpose. Afterwards Cummings called
+upon Comstock and showed him the same authority that Weed had shown.
+
+The Catiline was bought by Develin for $18,000. The seller of the ship
+testified that he received, as security for the purchase money, four
+notes of $4500 each executed by Thurlow Weed, John E. Develin, G. C.
+Davidson, and O. B. Matteson. Matteson had been a member of a previous
+Congress from Utica, New York, but had been expelled from the House. The
+Catiline was chartered for the Government at the rate of $10,000 per
+month for three months, with an agreement that if she were lost in the
+service the owners should be paid $50,000. The title to the Catiline
+was, for convenience, placed in the name of a Mr. Stetson.
+
+Cummings was examined by the Committee on Government Contracts. He
+testified that he had formerly been the publisher of the Philadelphia
+_Evening Bulletin_, and later publisher of the New York _World_, and
+that he had resided in the latter city about eighteen months; his family
+still residing in Philadelphia. The purchases made by him to be shipped
+on the Catiline consisted mainly of groceries and provisions, including
+twenty-five casks of Scotch ale, and twenty-five casks of London porter;
+but he testified that he did not see any of the articles bought, nor did
+he have any knowledge of their quality, nor did he see any of them put
+on board the ship. The purchases, he said, were made from the firm of E.
+Corning & Co., of Albany, through a member of the firm named Davidson,
+whom Cummings met at the Astor House. Cummings assumed that Davidson was
+a member of the firm because Davidson told him so; he had no other
+evidence of the fact. He assumed also that Corning & Co. were dealers in
+provisions, but had no absolute knowledge on that point.[56] He supposed
+that the goods were shipped from Albany to be loaded on the Catiline,
+but did not know that such was the fact. All these details he left to
+his clerk, James Humphrey, who had been recommended as clerk by Thurlow
+Weed. Cummings testified that he did not know Humphrey before; did not
+know whether he had ever been in business in Albany or in New York; took
+him on Weed's recommendation; made no bargain with him as to salary; did
+not know where he could be found now. Bought a lot of hard bread from a
+house in Boston. Questioned to whom he made payment for this bread, he
+answered: "Directly to the party selling it, I suppose." "By you?" "By
+my clerk, I suppose." Did not recollect who first suggested the purchase
+of bread. Had no directions from the Government to purchase any
+particular articles. Bought a quantity of straw hats and linen
+pantaloons, thinking they would be needed by the troops in warm weather.
+Did not personally know that any of the goods had been loaded on the
+steamer or by whom they should have been so loaded. The cargo was
+certified by Cummings to Cameron as shipped for the Government. Mr.
+Barney, Collector of the Port, refused to give a clearance to the
+Catiline to sail. Mr. Stetson, the owner, produced a letter from Thurlow
+Weed requesting a clearance, but Barney still refused. Finally General
+Wool gave a "pass" on which the Catiline sailed without a clearance.
+General Wool revoked the pass on the following day, but the ship had
+already departed.[57]
+
+The report says: "The Committee have no occasion to call in question the
+integrity of Mr. Cummings." We must infer, therefore, that he was chosen
+by Cameron to disburse Government money in this emergency because he was
+an extraordinary simpleton, and likely to be guided by Thurlow Weed in
+buying army supplies from a hardware firm in Albany, and an unknown
+Boston house that furnished hard bread.
+
+Congressman Van Wyck of New York, a member of the Committee, said that
+Mr. Weed's absence from home had prevented an examination into the
+nature and extent of his agency in the matter of the Catiline.[58] At
+the time when Weed's testimony was wanted he was in Europe acting as a
+volunteer diplomat "assisting to counteract the machinations of the
+agents of treason against the United States in that quarter," as appears
+by a letter of Secretary Seward to Minister Adams, dated November 7,
+1861.
+
+The Committee on Government Contracts were unable to determine whether
+the cargo of the Catiline was a private speculation or a _bona-fide_
+purchase for the Government. The character of the goods purchased and
+the mode of purchase pointed to the former conclusion. Scotch ale and
+London porter were not embraced in any list of authorized rations, nor
+were straw hats and linen pantaloons included in quartermaster's stores.
+Congressman Van Wyck conjectured that it was a private speculation until
+Collector Barney refused to grant a clearance, and that then it was
+turned over to the Government. Mr. Stetson, who applied for the
+clearance, first told the Collector that the ship was loaded with flour
+and provisions belonging to several of his friends. When he called the
+second time he testified that the cargo consisted of supplies for the
+troops. The ship was destroyed by fire before the three months' charter
+expired.
+
+On the 13th of January, Henry L. Dawes, of Massachusetts, another member
+of the committee, alluded to certain purchases of cavalry horses,
+saying:
+
+     A regiment of cavalry has just reached Louisville one thousand
+     strong, and a board of army officers has condemned four hundred
+     and eighty-five of the one thousand horses as utterly
+     worthless. The man who examined those horses declared, upon his
+     oath, that there is not one of them worth twenty dollars. They
+     are blind, spavined, ring-boned, with the heaves, with the
+     glanders, and with every disease that horseflesh is heir to.
+     Those four hundred and eighty-five horses cost the Government,
+     before they were mustered into the service, $58,200, and it
+     cost the Government to transport them from Pennsylvania to
+     Louisville, $10,000 more before they were condemned and cast
+     off.
+
+     There are, sir, eighty-three regiments of cavalry one thousand
+     strong now in or roundabout the army. It costs $250,000 to put
+     one of those regiments upon its feet before it marches a step.
+     Twenty millions of dollars have thus far been expended upon
+     these cavalry regiments before they left the encampments in
+     which they were gathered and mustered into the service. They
+     have come here and then some of them have been sent back to
+     Elmira; they have been sent back to Annapolis; they have been
+     sent here and they have been sent there to spend the winter;
+     and many of the horses that were sent back have been tied to
+     posts and to trees within the District of Columbia and there
+     left to starve to death. A guide can take you around the
+     District of Columbia to-day to hundreds of carcasses of horses
+     chained to trees where they have pined away, living on bark and
+     limbs till they starve and die; and the Committee for the
+     District of Columbia have been compelled to call for
+     legislation here to prevent the city wherein we are assembled
+     from becoming an equine Golgotha.[59]
+
+Horse contracts of this sort had been so plentiful that Government
+officials had gone about the streets of Washington with their pockets
+full of them. Some of these contracts had been used to pay Cameron's
+political debts and to cure old political feuds, and banquets had been
+given with the proceeds, "where the hatchet of political animosity,"
+said Dawes, "was buried in the grave of public confidence and the
+national credit was crucified between malefactors."
+
+Dawes said also that there was "indubitable evidence that somebody has
+plundered the public treasury well-nigh in a single year as much as the
+entire current yearly expenses of the Government which the people hurled
+from power because of its corruption"--meaning Buchanan's
+Administration.[60]
+
+In the Senate on the 14th, Trumbull, quoting from the testimony of the
+House Committee, said that Hall's carbines, originally owned by the
+Government, but condemned and sold as useless at about $2 each, were
+purchased back for the Government, in April or May, at $15 each. In
+June, the Government sold them again at $3.50 each. Afterwards in
+August, they were purchased by an agent of the Government at $12.50 each
+and turned over to the Government at $22 each, and the Committee of the
+House was then trying to prevent this last payment from being made, and
+eventually succeeded in doing so. The beneficiary in this case was one
+Simon Stevens, not a relative of Thaddeus Stevens, but a protege of his,
+and an occupant of his law office. He operated through General Fremont,
+not through Cameron.
+
+"Sir," said Dawes, "amid all these things is it strange that the public
+treasury trembles and staggers like a strong man with a great burden
+upon him? Sir, the man beneath an exhausted receiver gasping for breath
+is not more helpless to-day than is the treasury of this Government
+beneath the exhausting process to which it is subjected."
+
+Somewhat later Congressman Van Wyck showed, among other things, that
+Thurlow Weed, by the favor of Cameron, had established himself between
+the Government and the powder manufacturers in such a way as to pocket a
+commission of five per cent on purchases of ammunition.[61]
+
+The committee visited severe censure on Thomas A. Scott, for acting as
+Assistant Secretary of War, while holding the office of vice-president
+of the Pennsylvania Central Railroad. Scott said that he ceased to draw
+salary from the railroad when he became Assistant Secretary, but that
+he had retained his railroad connection because he considered it of more
+value to himself than the other position. The committee considered it
+highly improper for him to hold the power to award large Government
+contracts for transportation and to fix prices therefor while he had
+personal railroad interests, and while Secretary Cameron, to whom he
+owed his appointment, was interested in the Northern Central Railroad.
+The latter was commonly called "Cameron's road." An order had been
+issued by Scott, without consultation with the Quartermaster-General of
+the army, fixing the rates to be paid for the transportation of troops,
+baggage, and supplies. The Quartermaster-General testified that Scott's
+order as to prices was addressed to one of his own subordinates and that
+he first saw it in the hands of that subordinate. He construed it,
+however, as an order from his superior officer and therefore as
+governing himself. Officers of other railroads testified that the rates
+fixed by Scott were much too high considering the magnitude and kind of
+work to be done. Thus, the rate for transporting troops was fixed at two
+cents per mile per man, whether carried in passenger cars or in box
+cars, and whether taken as single passengers or by regiments.
+
+Nicolay and Hay tell us that Cameron's departure from the Cabinet was in
+consequence of his disagreement with the President as to that part of
+his report relating to the arming of slaves; that although nothing more
+was said by either himself or Lincoln on that subject, "each of them
+realized that the circumstance had created a situation of difficulty and
+embarrassment which could not be indefinitely prolonged." Cameron, they
+say, began to signify his weariness of the onerous labors of the War
+Department, and hinted to the President that he would prefer the less
+responsible duties of a foreign mission. To outsiders this affair
+seemed to have completely blown over when, on January 11, 1862, Lincoln
+wrote the following short note:
+
+     MY DEAR SIR: As you have more than once expressed a desire for
+     a change of position, I can now gratify you consistently with
+     my view of the public interest. I, therefore, propose
+     nominating you to the Senate next Monday as Minister to Russia.
+
+    Very sincerely your friend,
+    A. LINCOLN.
+
+The real facts were given to the world by A. K. McClure somewhat later
+in his book on "Lincoln and Men of War-Time." He says that Cameron's
+dismissal was due to the severe strain put upon the national credit,
+which led to the severest criticisms of all manner of public profligacy,
+culminating in a formal appeal to the President from leading financial
+men of the country for an immediate change of the Secretary of War; that
+Lincoln's letter of dismissal was sent to Cameron by the hand of
+Secretary Chase, and that it was extremely curt, being almost, if not
+quite, literally as follows: "I have this day nominated Hon. Edwin M.
+Stanton to be Secretary of War and you to be Minister Plenipotentiary to
+Russia"; that Cameron in great agitation brought this missive to the
+room of Thomas A. Scott, Assistant Secretary of War, where Mr. McClure
+happened to be dining and showed it to them; that he wept bitterly, and
+said that it meant his personal degradation and political ruin. Scott
+and McClure volunteered to see Lincoln and ask him to withdraw the
+offensive letter and to permit Cameron to antedate a letter of
+resignation, to which Lincoln consented. "The letter conveyed by Chase
+was recalled; a new correspondence was prepared, and a month later given
+to the public."[62]
+
+McClure palliates Cameron's conduct by saying that "contracts had to be
+made with such haste as to forbid the exercise of sound discretion in
+obtaining what the country needed; and Cameron, with his peculiar
+political surroundings and a horde of partisans clamoring for spoils,
+was compelled either to reject the confident expectation of his friends
+or to submit to imminent peril from the grossest abuse of his delegated
+authority." This is another way of saying that he was compelled either
+to pay his political debts out of his own pocket, or give his henchmen
+access to the public treasury, and that he chose the latter alternative.
+
+The House of Representatives passed a resolution of censure upon Cameron
+for investing Alexander Cummings with the control of large sums of the
+public money and authorizing him to purchase military supplies without
+restriction when the services of competent public officers were
+available. A few days later the President sent to the House a special
+message, assuming for himself and the entire Cabinet the responsibility
+for adopting that irregular mode of procuring supplies in the then
+existing emergency, a message which, when read in the light of
+Cummings's testimony, adds nothing to Lincoln's fame.
+
+There was a struggle in executive session of the Senate, lasting four
+days, over the confirmation of Cameron as Minister to Russia. Trumbull
+took the lead in opposition. He considered it an immoral act, like
+giving to an unfaithful servant a "character" and exposing society to
+new malfeasance at his hands. He believed and said that the new office
+conferred upon him would serve simply as whitewash to enable him to
+recover his seat in the Senate, and that that was the reason why he
+wanted the mission to Russia.
+
+Sumner, the Chairman of the Committee on Foreign Relations, had been
+much impressed by Cameron's anti-slavery zeal. As soon as the nomination
+came in, he moved that it be confirmed unanimously and without reference
+to any committee, which was the usual custom in cases where ex-Senators
+of good repute were nominated to office. Objection being made, the
+nomination went over. This was the day on which Dawes made his speech in
+the House. Sumner saw the speech, called Cameron's attention to it, and
+asked what answer should be made to such accusations. Cameron replied
+that he had never made a contract for any kind of army supplies since he
+had been Secretary of War, but had left all such business to the heads
+of bureaus charged with such duties, and had never interfered with them.
+On the 15th he put this statement in writing and addressed it to
+Vice-President Hamlin:--
+
+     I take this occasion to state that I have myself not made a
+     single contract for any purpose whatever, having always
+     interpreted the laws of Congress as contemplating that the
+     heads of bureaus, who are experienced and able officers of the
+     regular army, shall make all contracts for supplies for the
+     branches of the service under their care respectively.
+
+     So far I have not found any occasion to interfere with them in
+     the discharge of this portion of their responsible duties.
+
+     I have the honor to be, respectfully, your obedient servant,
+
+    SIMON CAMERON.
+
+    HON. H. HAMLIN,
+    President of the Senate of the United States.
+
+In reply Dawes produced documents to show that there were then
+outstanding contracts, made by Cameron himself, for 1,836,900 muskets
+and rifles, and for only 64,000 by the Chief of Ordnance, the officer
+charged with that duty, and that on the very day when the letter to
+Hamlin was written, Cameron made a contract, against the advice of the
+Chief of Ordnance, for an unlimited number of swords and sabres--all
+that a certain Philadelphia firm could produce in a given time. This was
+done after he had resigned and before his successor, Stanton, had been
+sworn in.[63]
+
+Cameron was confirmed as Minister to Russia on the 17th, by a vote of 28
+to 14. The Republican Senators who voted against confirmation were
+Foster, Grimes, Hale, Harlan, Trumbull, and Wilkinson. Trumbull handed
+me this list of names for publication, saying that all of them desired
+to have it published.
+
+Cameron remained abroad until time and more exciting events had cast a
+kindly shadow on his record. He then came home and a few years later was
+reelected to the Senate. When the attack was made on his dear friend
+Sumner, which ended in displacing him from the chairmanship of the
+Committee on Foreign Relations, which he had held ten years, Cameron
+retreated to a Committee room, as to a cyclone cellar, where he remained
+until the deed was done, leaving Trumbull, Schurz, and Wilson to fight
+the battle for his dear friend. Then he returned and sat down in the
+chair thus made vacant. He subsequently explained that he did so because
+his name was the next one to Sumner's on the committee list.[64]
+
+FOOTNOTES:
+
+[56] E. Corning & Co., of Albany, were dealers in stoves and hardware.
+
+[57] House Report no. 2, 37th Congress, 2d Session, p. 390. Cummings
+reappears in Welles's _Diary_, near the close of Andrew Johnson's
+Administration, as a favored candidate for the office of Commissioner of
+Internal Revenue. The report of the Committee on Government Contracts
+had been forgotten or only vaguely remembered. Welles had a dim
+recollection that Cummings had a spotted record, and he warned Johnson
+against him. Seward indorsed him, however; said he was "a capital man
+for the place--no better could be found." (_Diary of Gideon Wells_, III,
+414.)
+
+[58] _Cong. Globe_, February, 1862, p. 710.
+
+[59] _Cong. Globe_, January. 1862, p. 208.
+
+[60] _Cong. Globe_, April, 1862, p. 1841.
+
+[61] _Cong. Globe_, February, 1862, p. 712.
+
+[62] _Lincoln and Men of War Time_, p. 165.
+
+[63] Dawes, _Cong. Globe_, April, 1862, p. 1841.
+
+[64] _Congressional Record_, 43d Cong., 1st Sess., p. 3434.
+
+
+
+
+CHAPTER XII
+
+ARBITRARY ARRESTS
+
+
+The jaunty manner in which Secretary Seward administered the laws
+respecting the liberty of the citizen in the earlier years of the war is
+treated by John Hay with a humorous touch under date October 22, 1861:
+
+     To-day Deputy Marshal came and asked what he should do with
+     process to be served on Porter in contempt business. I took him
+     over to Seward and Seward said: "The President instructs you
+     that the _habeas corpus_ is suspended in this city at present,
+     and forbids you to serve any process upon any officer here."
+     Turning to me: "That is what the President says, is it not, Mr.
+     Hay?" "Precisely his words," I replied; and the thing was
+     done.[65]
+
+Prior to the assembling of Congress in July, 1861, the President had
+given to General Winfield Scott authority in writing to suspend the
+privilege of the writ of _habeas corpus_ at any point on the line of the
+movement of troops between Philadelphia and Washington City. Without
+other authority Seward began to issue orders for the arrest and
+imprisonment of persons suspected of disloyal acts or designs, not only
+on the line between Philadelphia and Washington City, but in all parts
+of the country.
+
+When the special session of Congress began, Senator Wilson, Chairman of
+the Committee on Military Affairs, introduced a joint resolution to
+declare these and other acts of the President "legal and valid to the
+same intent and with the same effect as if they had been issued and
+done under the previous express authority and direction of the Congress
+of the United States." The clause of the Constitution which says that
+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, does not say in what mode, or by what authority, it may be
+suspended.
+
+Straightway there were differences of opinion as to the lodgment of the
+power to suspend, whether it was in the executive or in the legislative
+branch of the Government. Other differences cropped up as to the
+phraseology of the Wilson Resolution and its legal intendment. It might
+be construed as an affirmance by Congress that the President's act
+suspending the writ was lawful at the time when he did it, or, on the
+other hand, that it became lawful only after Congress had so voted, and
+hence was unlawful before. These diversities of opinion were very
+tenaciously held by different members of the Senate and House, of equal
+standing in the legal profession. The result was that Wilson's joint
+resolution was debated at great length, but did not pass. Instead of it
+an amendment was added to one of the military bills declaring that all
+acts, proclamations, and orders of the President after the 4th of March,
+1861, respecting the army and navy, should stand approved and legalized
+as if they had had the previous express authority of Congress; and the
+bill was passed as amended. This was understood to be a mere makeshift
+for the time being.
+
+The general question was again brought to the attention of Congress by
+Trumbull, December 12, 1861, when he introduced in the Senate the
+following resolution:
+
+     Resolved, that the Secretary of State be directed to inform the
+     Senate whether, in the loyal states of the Union, any person or
+     persons have been arrested by orders from him or his
+     department; and if so, under what law said arrests have been
+     made and said persons imprisoned.
+
+When this resolution came up for consideration (December 16), Senator
+Dixon, of Connecticut, objected strongly to it. He thought that it was
+unnecessary and unwise, and that it could result in nothing advantageous
+to the cause of the Union. Some of the persons referred to, he said, had
+been arrested in his own state. They had manifested their treasonable
+purposes by attempting to institute a series of peace meetings,
+so-called, by which they hoped to debauch the public mind under false
+pretense of restoring peaceful relations between the North and the
+South. The Secretary of State had put a sudden stop to their treasonable
+designs by arresting and imprisoning one or more of them. He contended
+that the Secretary had done precisely the right thing, at precisely the
+right time, and had nipped treason in Connecticut in the bud. The only
+criticism which loyal citizens had to make of his doings was that he had
+not arrested a greater number. If there had been any error on the part
+of the Executive, it had been on the side of lenity and indulgence. He,
+Dixon, would not vote for an inquiry into the legality of such arrests
+because they found their justification in the dire necessity of the
+time.
+
+Trumbull asked how the Senator knew that the persons arrested were
+traitors. Who was to decide that question? If people were to be arrested
+and imprisoned indefinitely, without any charges filed against them,
+without examination, without an opportunity to reply, at the click of
+the telegraph, in localities where the courts were open, far from the
+theatre of war, such acts were the very essence of despotism. The only
+purpose of making the inquiry was to regulate these proceedings by law.
+If additional legislation was necessary to put down treason or punish
+rebel sympathizers in Connecticut, or in any other loyal state, he
+(Trumbull) was ready to give it, but he was not willing to sanction
+lawlessness on the part of public officials on the plea of necessity. He
+denied the necessity. The principle contended for by the Senator from
+Connecticut would justify mobs, riots, anarchy. He understood that some
+of the parties arrested had been discharged without trial and he asked
+if Mr. Dixon justified that. Then the following ensued:
+
+     MR. DIXON. I do.
+
+     MR. TRUMBULL. Then the Senator justifies putting innocent men
+     in prison. Else why were they discharged? I take it that was
+     the reason for their discharge. I have heard of such cases.
+
+     MR. DIXON. They ought to be discharged, then.
+
+     MR. TRUMBULL. They ought to be discharged, and they ought to be
+     arrested, too. An innocent man ought to be arrested, put into
+     prison, and by and by discharged. Sir, that is not my idea of
+     individual or constitutional liberty. I am engaged, and the
+     people whom I represent are engaged, in the maintenance of the
+     Constitution and the rights of the citizens under it. We are
+     fighting for the Government as our fathers made it. The
+     Constitution is broad enough to put down this rebellion without
+     any violations of it. I do not apprehend that the present
+     Executive of the United States will assume despotic powers. He
+     is the last man to do it. I know that his whole heart is
+     engaged in endeavoring to crush this rebellion, and I know that
+     he would be the last man to overturn the Constitution in doing
+     it. But, sir, we may not always have the same person at the
+     head of our affairs. We may have a man of very different
+     character, and what we are doing to-day will become a precedent
+     upon which he will act. Suppose that when the trouble existed
+     in Kansas, a few years ago, the then President of the United
+     States had thought proper to arrest the Senator or myself, and
+     send him or me to prison without examination, without
+     opportunity to answer, because in his opinion we were dangerous
+     to the peace of the country, and the necessity justified it.
+     What would the Senator have thought of such action?
+
+The debate lasted the whole day. Senators Hale, Fessenden, Kennedy, and
+Pearce, of Maryland, supported the resolution. Senators Wilson, of
+Massachusetts, and Browning, of Illinois, opposed it.
+
+Read in the light of the present day the arguments of the opposition are
+extremely flimsy. They said in effect: "We know that our rulers mean
+well; if we ask them any questions, we shall cast a doubt upon their
+acts and then the wicked will be encouraged in their wrongdoing, and
+treason will multiply in the land." It was Trumbull's opinion that
+arbitrary arrests were causing division and dissension among the loyal
+people of the North, and were thus doing more harm than good, even from
+the standpoint of their apologists. Democratic conventions censured
+them. That of Indiana, for example, resolved:
+
+     That the total disregard of the writ of _habeas corpus_ by the
+     authorities over us and the seizure and imprisonment of the
+     citizens of the loyal states where the judiciary is in full
+     operation, without warrant of law and without assigning any
+     cause, or giving the party arrested any opportunity of defense,
+     are flagrant violations of the Constitution, and most alarming
+     acts of usurpation of power, which should receive the stern
+     rebuke of every lover of his country, and of every man who
+     prizes the security and blessings of life, liberty, and
+     property.
+
+At the close of the debate, Senator Doolittle moved to refer the
+resolutions to the Committee on the Judiciary, in order to have a report
+on the question whether the right to suspend the writ of _habeas corpus_
+appertains to the President or to Congress. This motion was opposed by
+Trumbull, but it prevailed by a vote of 25 to 17, and the subject was
+shelved for six months.
+
+The question upon which Senator Doolittle wanted information had already
+been decided, so far as one eminent jurist could decide it, in the case
+of John Merryman, a citizen of Maryland, who was arrested at his home
+in the middle of the night on the 25th of May, 1861. He applied to Chief
+Justice Taney for a writ directing General Cadwalader, the commandant of
+Fort McHenry, to produce him in court, on the ground that he had been
+arrested contrary to the Constitution and laws of the United States. He
+stated that he had been taken from his bed at midnight by an armed force
+pretending to act under military orders from some person to him unknown.
+
+The Chief Justice issued his writ and General Cadwalader sent his
+regrets by Colonel Lee, saying that the prisoner was charged with
+various acts of treason and that the arrest was made by order of General
+Keim, who was not within the limits of his command. He said further that
+he was authorized by the President of the United States to suspend the
+writ of _habeas corpus_ for the public safety. He requested that further
+action be postponed until he could receive additional instructions from
+the President.
+
+Judge Taney thereupon issued an attachment against General Cadwalader
+for disobedience to the high writ of the court. The next day United
+States Marshal Bonifant certified that he sent in his name from the
+outer gate of the fort, which he was not permitted to enter, and that
+the messenger returned with the reply that there was no answer to his
+card, and that he was thereupon unable to serve the writ. The Chief
+Justice then read from manuscript as follows:
+
+     1. The President, under the Constitution and laws of the United
+     States, cannot suspend the privilege of the writ of _habeas
+     corpus_, nor authorize any military officer to do so.
+
+     2. A military officer has no right to arrest and detain a
+     person not subject to the rules and articles of war, for an
+     offense against the laws of the United States, except in aid of
+     the judicial authority and subject to its control, and if the
+     party is arrested by the military, it is the duty of the
+     officer to deliver him over immediately to the civil authority
+     to be dealt with according to law.
+
+The Chief Justice then remarked orally that if the party named in the
+attachment were before the court he should fine and imprison him, but
+that it was useless to attempt to enforce his legal authority, and he
+should, therefore, call upon the President of the United States to
+perform his constitutional duty and enforce the process of the court.
+
+July 8, 1862, the House, after a brief debate, passed a bill reported by
+its Judiciary Committee directing the Secretaries of State and of War to
+report to the judges of the courts of the United States the names of all
+persons held as political prisoners, residing in the jurisdiction of
+said judges, and providing for their prompt release unless the grand
+jury should find indictments against them during the first term of court
+thereafter. The bill also authorized the President, during any recess of
+Congress, to suspend the privilege of the writ of _habeas corpus_
+throughout the United States, or any part thereof, in cases of
+rebellion, or invasion, where the public safety might require it, until
+the meeting of Congress. Mr. Bingham, of Ohio, who reported the bill,
+explained that the committee did not attempt to decide whether the right
+to suspend the writ of _habeas corpus_ was vested in the executive or in
+the legislative branch of the Government. That was a matter of dispute,
+and the bill was intended to settle doubts, not theoretically but
+practically. If the right belonged to the Executive under the
+Constitution the passage of the bill would do no harm; if it belonged to
+Congress the bill would enable the President to exercise it legally. A
+motion to lay the bill on the table was negatived by a vote of 29 to 89,
+after which it was passed without a division.
+
+July 15, Trumbull reported this bill from the Judiciary Committee of the
+Senate with a recommendation that it pass. It was opposed vigorously by
+Wilson, of Massachusetts, who called it a general jail delivery for the
+benefit of traitors. He moved to strike out all of it except the section
+which authorized the President to suspend the privilege of the writ of
+_habeas corpus_. This motion was rejected by a majority of one, but the
+session came to an end on the following day without a final vote on the
+passage of the bill.
+
+In the meantime President Lincoln had seen fit to transfer the license
+of making arbitrary arrests from the Secretary of State to the Secretary
+of War. The change was no betterment, however, for, where Seward had
+previously chastised the suspected ones with whips, Stanton now
+chastised them with scorpions. Arbitrary arrests became more numerous
+and arbitrary than before. A special bureau was created for them under
+charge of an officer styled the Provost Marshal of the War Department.
+
+In the ensuing political campaign the Democrats made the greatest
+possible use of the issue thus presented, and they showed large gains in
+the congressional elections in the autumn of 1862. They carried New
+York, New Jersey, Pennsylvania, Ohio, Indiana, Illinois, and Wisconsin.
+Horatio Seymour was elected governor of the Empire State, and William A.
+Richardson (Democrat) was chosen by the legislature of Illinois as
+Senator in place of Browning, who was filling the vacancy caused by the
+death of Senator Douglas. It is impossible to say how much influence the
+arbitrary arrests had in producing these results, but it is certain that
+the Republican leaders were alarmed. Stanton fell into a panic. The
+general jail delivery apprehended by Wilson took place by a stroke of
+Stanton's pen on the 22d of November, without waiting for the final vote
+on Trumbull's bill, and Wilson himself voted for the bill.
+
+In the House, Thaddeus Stevens introduced a bill to indemnify the
+President and all persons acting under his authority for arrests and
+imprisonments previously made. This was passed under the previous
+question, December 8, unfairly and without debate.
+
+When Congress reassembled in December, Trumbull called up the House bill
+and offered a substitute for it. He held that under the Constitution
+Congress must authorize and regulate the suspension of the writ of
+_habeas corpus_. He would not, however, limit the exercise of the
+executive power to the time of meeting of the next Congress, as the
+House bill provided. His substitute proposed that the suspension of the
+writ should be left to the discretion of the President as to time and
+place during the continuance of the rebellion, but that political
+prisoners should not be held indefinitely without knowing the charges
+against them. The second section provided that lists of all prisoners of
+this class in the loyal states should be furnished, within twenty days,
+to the courts of the respective districts and laid before the grand
+juries with a statement of the charges against them, and if no
+indictments should be found against them during that term of court they
+should be discharged upon taking an oath of allegiance to the United
+States, and (if required by the judge) giving a bond for good behavior.
+Future arrests for political offenses were to be regulated in like
+manner. Collamer moved to strike out the second section, but failed by
+two votes.
+
+Republican resistance to this measure now ceased and the role of
+opposition was taken up by the Democrats. Powell, of Kentucky, contended
+that the power to suspend the writ of _habeas corpus_ was lodged in
+Congress exclusively and could not be delegated to the President. He
+raised the objection also that there was no definition of the phrase
+"political offenses." Trumbull agreed to strike out that phrase
+altogether, in which case the President would have the power to suspend
+the writ for all offenses, and could determine for himself which ones
+were political and which were non-political. As to the right of Congress
+to delegate its own powers to the President in analogous cases, he cited
+the power to borrow money, the power to grant letters of marque and
+reprisal, and the power to call forth the militia, all of which were
+lodged in Congress, but which Congress never exercised directly, but
+only by delegating its powers to the Executive.
+
+Senator Carlile, of Virginia, held that the writ of _habeas corpus_
+ought never to be suspended in places where the courts were open.
+Trumbull replied that if it were not suspended in those places it could
+never be suspended at all, for if there were no courts open, the writ
+itself could not be issued. Yet the Constitution clearly contemplated
+the necessity of suspending it in certain conditions where it actually
+existed.
+
+February 23, 1863, Trumbull's substitute was agreed to by yeas 25, nays
+12, and the bill was passed by 24 to 13. All of the negative votes,
+except two, were cast by Democrats.
+
+February 27, the Senate took up the Stevens House bill to indemnify the
+President and adopted a substitute proposed by Trumbull. The substitute
+was not adopted by the House, but a conference was asked for and agreed
+to by the Senate. The conferees decided to consolidate into one act the
+Indemnity Bill and the _Habeas Corpus_ Bill, which was still pending
+between the two houses. The report of the Conference Committee was
+presented to the Senate by Trumbull on March 2, one day before the end
+of the Thirty-seventh Congress.
+
+Except the financial bills, this was the most important measure of the
+session, and the one about which the most heat had been engendered. On
+the 24th of September, 1862, the President had proclaimed martial law
+throughout the nation as to persons discouraging enlistments or
+resisting the Conscription Act and had suspended the writ of _habeas
+corpus_ as to such persons. On the 1st of January following, he had
+issued the Emancipation Proclamation, of which he had given preliminary
+notice one hundred days before. These measures were extremely
+distasteful to the Democrats and especially so to those of the border
+slave states. The pending measure was intended to condone all former
+arbitrary arrests and to sanction an indefinite number in the future,
+although providing for speedy trials.
+
+When the report was presented, Powell, of Kentucky, moved to postpone it
+till the following day. Trumbull would not agree to any postponement
+unless there was an understanding on both sides that a vote should be
+taken within a limited time. It was finally agreed between himself and
+Bayard, of Delaware, that it should be postponed until seven o'clock in
+the evening, with the understanding that there should be no
+filibustering on the measure. The postponement was to be for debate and
+discussion only. "So far as I know, or can learn, or believe," said
+Bayard, "it is delay for no other purpose." Powell was present when this
+colloquy took place and he neither affirmed nor denied. Trumbull took it
+to be an agreement between the two political parties.
+
+The debate began with a speech from Senator Wall (Democrat), of New
+Jersey, who held the floor till midnight, when Saulsbury, of Delaware,
+moved that the Senate adjourn. The motion was negatived by 5 to 31.
+Powell moved that the bill be laid upon the table. This was negatived
+without a division. Then Powell began a speech against the bill. At
+12.40 A.M., Richardson moved that the Senate adjourn; negatived by 5 to
+30. Powell continued his speech and became involved in a running debate
+with Cowan, of Pennsylvania, who took the floor after Powell had
+finished and made a speech, apparently unpremeditated, but nevertheless
+a great speech, going to the foundation of things and showing that the
+Administration must be sustained in this crisis, since otherwise the
+fabric of self-government in the United States would perish. He did not
+say that he approved of, or condoned, arbitrary arrests in the loyal
+states. All his implications were to the contrary, but he insisted that
+those who would save the country and ward off chaos and anarchy could
+not pause now to contend with each other on the issue whether the
+President had the right to suspend the writ of _habeas corpus_ or
+whether Congress had it. He said that he observed signs, on the
+Democratic side, of filibustering against the bill, and he thought that
+such tactics were unjustifiable and highly dangerous. His argument
+carried the greater force because of his habitual conservatism. While it
+did not, perhaps, change any votes, it probably dampened the resistance
+of the Northern Democrats to the bill.
+
+When Cowan had concluded, Powell took the floor to reply. At 1.53 A.M.,
+Bayard interrupted him with a motion to adjourn, which was negatived by
+4 to 35. Powell resumed his speech and made a much longer one than his
+first, at the end of which he moved an adjournment, negatived by 4 to
+32. Then Bayard made a long speech against the bill. He finished at 5
+o'clock and Powell made another motion to adjourn, which was negatived,
+4 to 18, no quorum voting.
+
+Some confusion followed the disclosure of the absence of a quorum.
+Several motions were made and withdrawn, and finally Fessenden called
+for the yeas and nays on Powell's motion to adjourn. In the mean time a
+quorum had been drummed up and the roll-call showed 4 yeas to 33 nays.
+There was considerable noise and confusion on the floor when the result
+was announced and the presiding officer (Pomeroy, of Kansas) said
+quickly:
+
+     The question is on concurring in the report of the Committee of
+     Conference. Those in favor of concurring in the report will say
+     "aye"; those opposed, "no." The ayes have it. It is a vote. The
+     report is concurred in.
+
+Trumbull instantly moved to take up a bill from the House relating to
+public grounds in Washington City, and his motion was agreed to. Then
+Powell wanted to go on with the Indemnity Bill and was informed by
+Grimes that it had already passed. He denied that it had passed and
+called for the yeas and nays. Trumbull claimed the floor and his claim
+was sustained by the chair. Powell called it a piece of "jockeying."
+After some further recrimination the Senate adjourned.
+
+On reassembling, the question whether the bill had passed or not was
+again taken up. The Senate Journal showed that it had passed, and the
+question arose on a motion to correct the Journal. In the debate which
+ensued it was proved that the presiding officer did actually put the
+motion in the words quoted above; that, of the four Democrats who voted
+on the last roll-call, none heard it; that the Democrats were in fact
+filibustering against the bill, or at all events that Powell was doing
+so, for he avowed that he had intended to defeat it by any means in his
+power. On the other hand, there is no doubt that the passage of the
+bill was accomplished by the sharp practice of Pomeroy; but it was
+_damnum absque injuria_, snap judgment being no worse than
+filibustering. Moreover, there is evidence that of the thirteen
+Democratic Senators, only four or five were really determined to kill
+the bill at all hazards. All except that number absented themselves from
+the night session, while all or nearly all the Republicans remained in
+their places.
+
+The Conference Report was concurred in on the 2d of March and the bill
+was approved by the President on the following day. We may infer,
+therefore, that the power to suspend the writ of _habeas corpus_ resides
+in the legislative branch of the Government, of which the President is a
+part, and that Congress may delegate its powers to the President and
+prescribe conditions and limitations to its exercise.
+
+No legislation more wholesome was enacted during the war period. No act
+of the period was more precise and lucid and less equivocal in its
+terms. Yet within two months it was grossly violated by the banishment
+of Clement L. Vallandigham, an ex-member of Congress from Ohio.
+
+Vallandigham was the incarnation of Copperheadism. I heard his speech of
+January 14, 1863, in the House, in which he discharged all the
+pro-slavery virus that he had been collecting from his boyhood days. As
+a public speaker he had no attractions, but rather, as it seemed to me,
+the tone and front of a fallen angel defying the Almighty. There was
+neither humor nor persuasion nor conciliation in his make-up. He was
+cold as ice and hard as iron. Although born and bred in a free state, he
+avowed himself a pro-slavery man. In the speech referred to he took two
+hours to prove the following propositions: (1) That the Southern
+Confederacy never could be conquered; (2) that the Union never could be
+restored by war; (3) that it could be restored by peace; (4) that
+whatever else might happen, African slavery would be "fifty-fold
+stronger" at the end of the war than it had been at the beginning.
+
+General Ambrose E. Burnside, after his defeat at Fredericksburg, had
+been sent to take command of the Department of the Ohio. Vallandigham
+was now seeking the nomination of his party for governor of Ohio, and
+his chances of success were not flattering until Burnside caused him to
+be arrested for alleged treasonable utterances in a speech delivered at
+the town of Mount Vernon on the 1st day of May, 1863. He was taken out
+of his bed at Dayton in the night and carried to Cincinnati, put in a
+military prison, tried by a military commission, found guilty, and
+sentenced to close confinement in Fort Warren during the continuance of
+the war. President Lincoln commuted his sentence to banishment to the
+Southern Confederacy. He was accordingly sent across the army lines and
+handed over to his supposed friends, who did not, however, receive him
+with any touching marks of affection.
+
+Under the Act of Congress approved March 3, 1863, it was the duty of the
+Secretary of War within twenty days to report the arrest of Vallandigham
+to the judge of the United States District Court for southern Ohio, with
+a statement of the charges against him, in order that they might be laid
+before the grand jury, and if an indictment were found against him, to
+bring him to trial; and if no indictment were found during that term of
+court, to discharge him from confinement. Any officer, civil or
+military, holding a prisoner in contravention of that act was guilty of
+a misdemeanor and liable to a fine of not less than five hundred dollars
+and to imprisonment in the common jail not less than six months.
+Accordingly, all the proceedings in the case of Vallandigham subsequent
+to his arrest were unwarranted and lawless. The arrest itself was,
+perhaps, permissible under the act, because the President had the right
+to suspend the writ of _habeas corpus_. When Vallandigham applied for
+the writ, Judge Leavitt refused it on that ground. The refusal of the
+writ, however, did not justify the later proceedings.
+
+The military trial of Vallandigham and his subsequent banishment led to
+vehement protests from Northern Democrats, which, in the light of the
+present day, seem not unreasonable. President Lincoln replied at great
+length and on the whole successfully to one such protest which came from
+a committee of citizens of New York, of which Erastus Corning was
+chairman. He did not fare so well in a later controversy with a
+committee of the Ohio Democratic State Convention, who visited the
+Executive Mansion and submitted their protest in writing under date of
+June 26. In this communication they covered the same ground as the New
+York men and added these words:
+
+     And finally, the charge and the specifications on which Mr.
+     Vallandigham was tried entitled him to a trial before the civil
+     tribunals according to the express provisions of the late acts
+     of Congress approved by yourself July 17, 1862, and March 3,
+     1863.
+
+Mr. Lincoln replied to everything in the protest of the Ohio men except
+this paragraph. His failure to reply on this point gave them the
+opportunity to retort that his answer was "a mere evasion of the grave
+questions involved." This is the only instance in Mr. Lincoln's
+controversial writings, so far as I can discover, where such a retort
+seems justified. The correspondence is published in Appleton's Annual
+Cyclopaedia, 1863.
+
+The New York _Tribune_ deprecated, in no querulous tone, but in
+moderate and dignified language, the entire proceedings in
+Vallandigham's case, and deemed them not helpful to the cause of the
+Union, but the contrary.
+
+Vallandigham was not the kind of man to win public sympathy, even for
+his misfortunes. Moreover, his transference to the society that he was
+supposed to be most fond of (as an alternative to close confinement in
+Fort Warren) had a flavor of jocularity that dulled the edge of
+criticism; but his strength in his own party was vastly augmented by
+these proceedings. He was nominated for governor by acclamation, and
+would probably have been elected had not the victories at Gettysburg and
+Vicksburg, two months later, withdrawn attention from him, inspired the
+Unionists with new enthusiasm, and correspondingly depressed their
+opponents.
+
+Burnside, finding himself sustained by his superiors in doctoring
+Copperheadism in Ohio, enlarged the scope of his practice. On the 1st of
+June he issued an order forbidding the circulation of the New York
+_World_ in his department and stopping the publication of the Chicago
+_Times_. Brigadier-General Ammen was charged with the execution of the
+latter order. On the following day, Ammen notified Wilbur F. Storey, the
+editor of the _Times_, that he would not be allowed to issue his paper
+on the 3d of June. Storey appealed to the United States District Court
+for protection. Shortly after midnight Judge Drummond issued a writ
+directing the military authorities to take no further steps under
+Burnside's order to suppress the _Times_ until the application for a
+permanent writ of injunction could be heard in open court. The judge
+said:
+
+     I may be pardoned for saying that personally and officially I
+     desire to give every aid and assistance in my power to the
+     Government and the Administration in restoring the Union, but
+     I have always wished to treat the Government as a government
+     of law and a government of the Constitution, and not a
+     government of mere physical force. I personally have contended
+     and shall always contend for the right of free discussion and
+     the right of commenting under the law and under the
+     Constitution upon the acts of the officers of the Government.
+
+Notwithstanding the order of the judge, a body of troops broke into the
+office of the _Times_ at half-past three o'clock in the morning, after
+nearly the whole edition had been printed, and took possession of the
+establishment. When daylight came there was great excitement in Chicago.
+Although the _Times_ was a Copperhead sheet of an obnoxious type, many
+loyal citizens were convinced that Burnside's order would produce vastly
+more harm than good to the Union cause. A meeting was hastily called at
+the circuit court room, at which Senator Trumbull and Congressman I. N.
+Arnold were present. Hon. William B. Ogden, ex-mayor, president of the
+Chicago and Northwestern Railway, a Republican in politics, offered for
+adoption a resolution requesting President Lincoln to suspend or rescind
+Burnside's order suppressing the _Times_. The resolution was adopted
+unanimously by the meeting and a petition to that effect was drawn up,
+signed, and sent around town for additional signatures. It was then
+telegraphed to the President, and Trumbull and Arnold sent an additional
+telegram asking that it might receive his prompt attention.
+
+Outside of the room, however, the utmost contrariety of opinion existed.
+The streets were filled with heated disputants, and there was danger of
+rioting throughout the day following the suppression of the newspaper.
+In the evening of June 3, a great meeting of persons opposed to
+Burnside's order was held in the Court-House Square, which was addressed
+by General Singleton, Moses M. Strong, of Wisconsin, B. G. Caulfield,
+and E. G. Asay, Democrats, and by Senator Trumbull and Wirt Dexter,
+Republicans.
+
+In the mean time Judge Drummond was hearing the arguments of Storey's
+lawyers on the question of making permanent the injunction that had
+already been disobeyed. While the proceedings were going on, a telegram
+came from Burnside to Ammen, dated Lexington, Kentucky, June 4, saying
+that his order for the suppression of the Chicago _Times_ had been
+revoked by order of the President of the United States. The soldiers
+were accordingly withdrawn and Mr. Storey resumed possession of his
+property.
+
+The Chicago _Evening Journal_ published the following outline of
+Trumbull's speech on this event:
+
+     The point of Judge Trumbull's speech was to show the importance
+     of adhering to the Constitution and laws in all measures
+     adopted for the suppression of the rebellion. He contended that
+     they furnished ample provisions for dealing with traitors in
+     our midst; that the Administration and its friends were
+     weakened by resort to measures of doubtful authority against
+     rebel sympathizers where the law furnished adequate remedies;
+     that while no one questioned the authority of military
+     commanders in the field and within their lines where the civil
+     authorities were overborne, to exercise supreme authority, the
+     right to do this in the loyal portions of the country, where
+     the judicial tribunals were in full operation, was very
+     questionable. He held that by its exercise in such localities
+     the enemies of the country were given a great advantage, by
+     alleging that their constitutional rights and privileges were
+     arbitrarily interfered with. He insisted that the Constitution
+     and laws were supreme in war as well as in peace, and that the
+     denial of this proposition was an acknowledgment that the
+     people were incapable of self-government--an admission that
+     constitutional liberty and the rights of the citizen,
+     guaranteed by fundamental laws, were of no value except in
+     peaceful times, so that in tumultuous times personal liberty
+     regulated by law, to establish which the Anglo-Saxon race had
+     been contending for centuries, must give way to the discretion
+     of any man who might happen at the time to be at the head of
+     the Government; that this, the American people are not prepared
+     to admit, nor was it necessary they should; that the right of
+     free speech and a free election should never be surrendered;
+     but that this freedom did not imply the right, in time of civil
+     war, to give aid and comfort to the enemies of the country,
+     either directly or indirectly, against which the laws made
+     ample provision.
+
+The legislature of Illinois was then in session and both houses passed
+resolutions condemning the action of the military authorities in
+suppressing the Chicago _Times_.[66]
+
+FOOTNOTES:
+
+[65] _Letters and Diaries_, I, 47.
+
+[66] The New York _Tribune_, June 6, said: "We trust the great majority
+of considerate and loyal citizens share the relief and satisfaction we
+feel in view of the President's course in revoking the order of General
+Burnside which directs the suppression of the Chicago _Times_. And we
+further trust that the zealous and impulsive minority, who would have
+had General Burnside's order sustained, will, on calm reflection,
+realize and admit that the President has taken the wiser and safer
+course. We cannot reconcile the decision of the Executive in this case
+with his action in regard to Vallandigham. Journalists have no special
+license to commit treason, and Vallandigham's sympathy with the rebels
+was neither more audacious nor more mischievous than that of the
+_Times_. Yet it is better to be inconsistently right than consistently
+wrong--better to be right to-day, though wrong yesterday, than to be
+wrong both days alike."
+
+
+
+
+CHAPTER XIII
+
+INCIDENTS OF THE YEARS 1863 AND 1864
+
+
+James W. White, of New York City, writes, March 6, to ask Trumbull, as a
+member of the Seward Committee, whether it is a fact that President
+Lincoln had knowledge of the dispatches written by Secretary Seward to
+Minister Adams, dated April 10, 1861, and July 5, 1862, before they were
+sent, and whether he approved the same.
+
+This refers to an event which very nearly upset President Lincoln's
+Cabinet in the beginning of 1863. Secretary Seward had entered the
+Cabinet under strong suspicions of lukewarmness toward the war policy of
+the President, which suspicions were shared by the Republican Senators
+generally. Consequently they were prepared to believe that the want of
+success which attended the Union arms was due to a lack of earnestness
+at headquarters, and that the man who paralyzed Lincoln was the
+Secretary of State. While this feeling was rankling in many bosoms, and
+especially among those who had considered the Executive remiss in
+dealing with the slavery question, the official correspondence of the
+State Department of the preceding year came from the press, containing,
+among other letters, one from Seward to Minister Adams dated July 5,
+1862, with the following words:
+
+     It seems as if the extreme advocates of African slavery and its
+     most vehement opponents were acting in concert together to
+     precipitate a servile war--the former by making the most
+     desperate attempts to overthrow the Federal Union, the latter
+     by demanding an edict of universal emancipation as a lawful and
+     necessary, if not, as they say, the only legitimate way of
+     saving the Union.
+
+Probably this was a private note, which got into the published volume by
+mistake, but it was oil on the flames in 1863, and it became public
+simultaneously with the news of General Burnside's defeat at
+Fredericksburg. These were among the darkest hours of the war. The
+Republican Senators thought that the rebellion would never be put down
+unless Seward were forced out of the Cabinet and that now was the time
+to act. A caucus was held and a committee appointed, of which Senator
+Collamer was chairman, to visit the President and express the opinion
+that Mr. Seward had lost the confidence of Congress and the country, and
+that his resignation was necessary to a successful prosecution of the
+war. Trumbull was one of the members of the committee.
+
+Seward's unlucky letter, which formed the occasion of Judge White's
+communication to Trumbull, was written shortly before Lincoln's
+preliminary proclamation of emancipation as to slaves in the rebel
+states was published. Senator Sumner took the letter to the President
+and asked if he had ever given his sanction to it. He replied that he
+had never seen it before. The newspapers got hold of this fact and made
+it hot for Seward. The New York _Times_, however, denied, apparently by
+authority, that Seward had ever sent any dispatch to a foreign minister
+without first submitting it to the President and getting his approval of
+it. Such a denial would be technically correct if this letter were a
+private communication, not intended for the public archives. Judge
+White, in a public letter, maintained that Seward never had submitted
+this letter to his chief, thus raising a question of veracity with the
+_Times_. So he wrote the foregoing letter to Trumbull hoping to find a
+backer in him. Trumbull replied in the following terms:
+
+     Pressing engagements and an indisposition to become involved
+     in the controversy to which your letter of the 6th alludes must
+     be my apology for not sooner replying to your inquiries. The
+     want of harmony, not to say the antagonism, between some of the
+     dispatches referred to and the avowed policy of the President
+     would seem to afford sufficient evidence to a discerning public
+     that both could not have emanated from the same mind. In view,
+     therefore, of the manner in which the information in my
+     possession was obtained, and not perceiving at this time that
+     the public good would be subserved by any disclosure I could
+     make, I must be excused for not undertaking to furnish
+     extraneous evidence in the matter.
+
+The accusations of the senatorial committee against Seward were
+summarized by Lincoln truthfully and with a touch of humor. "While they
+seemed to believe in my honesty," he said, "they also appeared to think
+that whenever I had in me any good purpose Seward contrived to suck it
+out unperceived." Seward was no more to blame for the ill success of the
+Union armies than any other member of the Cabinet. The inefficiency in
+our armies, according to Gideon Welles, resided in the President's chief
+military adviser, General Halleck. However that may have been, it is
+well that the errand of the Republican Senators to the White House
+proved fruitless, since, if successful, it might have created a
+precedent which would have upset our form of government.
+
+G. Koerner, Minister to Spain, writes from Madrid, March 22, 1863, that
+he is very much discouraged about the prospects of the war. He trusts
+more to the exhaustion of the South than to the victories of the North.
+
+     My situation, under the circumstances, has been a very
+     unpleasant one. For days and weeks I have avoided meetings and
+     reunions where I would have had to answer questions, often
+     meant in a very friendly manner, but still embarrassing to me.
+     My family has also lived very retired, for the additional
+     reason that we are not able to return the many hospitalities to
+     which we are invited constantly. We have the greatest trouble
+     in the world to live here in the most modest manner within our
+     means. We forego many, very many, of the comforts we were
+     accustomed to at home.
+
+From Columbus, Georgia, October 26, 1863, Alfred Iverson (former
+Senator), trusting that the difficulties in which the two sections are
+involved may not have extinguished the feelings of courtesy and humanity
+in the hearts of individual gentlemen, writes, at the instance of an
+anxious mother, to make inquiries in reference to Charles G. Flournoy,
+supposed to have been captured with other Confederate soldiers by
+General Grant's forces in the vicinity of Vicksburg, and to be confined
+in a military prison at Alton, Illinois.
+
+Walter B. Scates (former judge of the supreme court of Illinois,
+Democrat, now serving as assistant adjutant-general in the Thirteenth
+Army Corps) writes from New Orleans, November 14, 1863, that he is
+thoroughly convinced of the propriety and necessity of destroying
+slavery as a means of ending this most wicked war and preventing a
+recurrence of a like misfortune; is ready to take an active part in the
+organization of colored regiments, that they may assist in maintaining
+the Government and winning their own freedom.
+
+From Topeka, Kansas, November 16, John T. Morton remonstrates against
+the appointment of M. W. Delahay as judge of the United States District
+Court, because he is utterly incompetent. Says he gave up the practice
+of his profession in Illinois because he was so ignorant that nobody
+would employ him. O. M. Hatch confirms Morton; says the appointment is
+unfit to be made; has known Delahay personally for twenty years. Jesse
+K. Dubois and D. L. Phillips confirm Hatch.
+
+Jackson Grimshaw writes from Quincy, December 3:
+
+     Will the Senate confirm that miserable man Delahay for Judge
+     in Kansas? The appointment is disgraceful to the President, who
+     knew Delahay and all his faults, but the disgrace to the
+     Administration will be greater if the Senate confirms him. He
+     is no lawyer, could not try a case properly even in a Justice's
+     court and has no character. Mr. Buchanan in his worst days
+     never made so disgraceful an appointment to the bench.
+
+Herndon relates that Delahay's expenses to the Chicago nominating
+convention, as an expected delegate from Kansas, were promised by
+Lincoln. He was not a delegate and never had the remotest chance of
+being one, but he came as a "hustler" and Lincoln paid his expenses all
+the same. He was nevertheless appointed judge, was impeached by Congress
+in 1872 under charges of incompetency, corruption, and drunkenness on
+and off the bench, and resigned while the impeachment committee was
+taking testimony.
+
+Major-General John M. Palmer writes from Chattanooga, December 18, 1863:
+
+     The Illinois troops (now voters) are beginning to talk about
+     the Presidency. Mr. Lincoln is by far the strongest man with
+     the army, and no combination could be made which would impair
+     his strength with this army unless, perhaps, Grant's candidacy
+     would. The people of Tennessee would now vote for Lincoln, it
+     is thought by many. Andy Johnson is understood to be a
+     Presidential aspirant by most people in this state. He is not
+     as popular as I once thought he was, though if he will exert
+     himself to do so he can be Governor, or Senator, when the state
+     is reorganized. He is understood to favor emancipation, and the
+     people are prepared for it, but I fear personal questions will
+     complicate the matter. The truth is all these Southern
+     politicians are behind the times sadly. There is nothing
+     practical about them. Now, when the whole social and political
+     fabric is broken up, new foundations might be laid for
+     institutions which would in their effects within twenty years
+     compensate the State for all its losses, heavy as they are. But
+     not much will be done, I fear, because the politicians don't
+     seem to know what is required. One fourth of the people are
+     destitute, and yet the leaders have not humanity and energy
+     enough to induce them to organize for mutual assistance. There
+     are farms enough in middle Tennessee deserted by their rebel
+     owners to give temporary homes to thousands, and yet no one
+     will take the responsibility of putting them in possession, but
+     the leaders quietly suffer the poor to wander homeless all over
+     the country.
+
+Colonel Fred Hecker writes from Lookout Valley, Tennessee, December 21:
+
+     Again we are encamped in Lookout Valley after heavy fighting
+     and marching from November 22 to December 16, stopping a
+     victorious march at the gates of Knoxville, returning with
+     barefooted, ragged men, but cheerful hearts. This was more than
+     a fight. It was a wild chase after an enemy making no stand,
+     leaving everywhere in our hands, muskets, cannon, ammunition,
+     provisions, stores, etc., and large numbers of prisoners.
+     These, as well as the populations, were unanimous in declaring
+     that the people of the South are tired of the war and rebellion
+     and are in earnest in the desire for peace and order. I
+     conversed much with men of different positions in life,
+     education, and political parties, from the enraged secessionist
+     to the unwavering Union man just returning from his
+     hiding-place, and I am fully convinced that most of the work is
+     done. A great many had no idea what war was till both armies,
+     passing over the country, had taught them the lesson, and there
+     is such a prevailing union feeling in North Carolina, northern
+     Alabama, and Georgia, as I have ascertained in a hundred
+     conversations with men of that section of the country, that the
+     result of the next campaign is not the least doubtful. You
+     remember what I told you about General Grant at a time when
+     this excellent man was pursued by malice and slander. I feel
+     greatly satisfied that his enemies are now forced to do him
+     justice. The battle of Chattanooga, with all its great
+     consequences, was a masterpiece of planning and manoeuvring,
+     and every man of us is proud to have been an actor in this ever
+     memorable action. Revolution and war sift men and consume
+     reputations with the voracity of Kronos, and it is good that it
+     is so.
+
+From Chattanooga, January 24, 1864, Major-General John M. Palmer writes:
+
+     I saw Grant yesterday and had a conversation with him.
+     Peace-at-any-price men would have a hard bargain in him as
+     their candidate. He is a soldier and, of course, regards
+     negroes at their value as military materials. He has just
+     enough sentiment and humanity about him to make him a careful
+     general, and he esteems men, black or white, as too valuable to
+     be wasted. He does not desire to be a candidate for the
+     Presidency; prefers his present theatre of service to any
+     other. Nor will the officers of the army willingly give him up.
+     He has no enemies, and it is very difficult to understand how
+     he can have any. He is honest, brave, frank, and modest. Is
+     perfectly willing that his subordinates shall win all the
+     reputation and glory possible; will help them when he can, with
+     the most unselfish earnestness. He demands no adulation, and
+     gives credit for every honest effort, and if efforts are
+     unsuccessful he has the sense, and the sense of justice, to
+     understand the reasons for failure and to attach to them their
+     proper importance. Nobody is jealous of Grant and he is jealous
+     of no one. He is not a great man. He is precisely equal to his
+     situation. His success has been wonderful and must be
+     attributed, I think, to his fine common sense and the faculty
+     he possesses in a wonderful degree of making himself
+     understood. I do not think he will be anybody's candidate for
+     the Presidency this time, but after that his stock will be at a
+     premium for anything he wants. Mr. Lincoln is popular with the
+     army, and will, as far as the soldiers can vote, beat anything
+     the Copperheads can start. No civilian or mere book-making
+     general can get votes in the army against him.
+
+J. K. Dubois, Springfield, January 30, says:
+
+     We are receiving daily old regiments who are reenlisting and
+     are sent home on furlough for thirty days to see their friends
+     and recruit. This is very damaging to the Copperhead crew of
+     our state. They swear and groan over this fact, for they have
+     preached and affirmed that the soldiers were held in subjection
+     by their officers, and that as soon as their time was up they
+     would show their officers and the President that they would
+     have nothing more to do with this Abolition crusade. And so
+     when these same men's time will have expired, commencing next
+     June, they say to rebels both front and rear: "We were at the
+     beginning of this fight and we intend also to be at the end."
+     All honor to these brave and loyal men.
+
+Israel B. Bigelow, Brownsville, Texas, May 5, 1864, says that before the
+war it was commonly said that soil and climate would regulate slavery.
+
+     In theory this was right if slavery was right, and whether
+     right or wrong, slavery is declining, and with my very hearty
+     concurrence--to my own astonishment. No man ever regarded a
+     Massachusetts Abolitionist with greater abhorrence than myself,
+     and yet I have subscribed to Mr. Lincoln's ironclad oath. Time
+     works wondrous changes in men's feelings, and there are
+     thousands of slaveholders in this state who, two years ago,
+     cursed Mr. Lincoln and his Government, who are now willing to
+     have their slaves freed if the war can be brought to an end.
+
+We now come upon the first evidence of any difference, of a personal
+kind, existing between Senator Trumbull and President Lincoln. Opposing
+views on questions of public policy, such as the Confiscation Bill and
+arbitrary arrests, have already been noted. A difference of another kind
+is disclosed in a letter from N. B. Judd, Minister to Prussia. Judd had
+returned to his post after a visit to this country. He wrote to Trumbull
+under date, Berlin, January, 1864:
+
+     When I last saw you your conviction was that L. would be
+     reelected. I tell you combinations can't prevent it. Events
+     possibly may. But until some event occurs, is it wise or
+     prudent to give an impression of hostility for no earthly good?
+     Usually your judgment controls your feelings. Don't let the
+     case be reversed now. Although a severe thinker you are not
+     constitutionally a croaker. Excuse the freedom of my writing. I
+     have given you proofs that I am no holiday friend of yours.
+
+The next piece of evidence found is a letter from Trumbull himself to
+H. G. McPike, of Alton, Illinois, one of the few letters of which he
+kept a copy in his own handwriting:
+
+    WASHINGTON, Feb. 6, 1864.
+
+     The feeling for Mr. Lincoln's reelection _seems_ to be very
+     general, but much of it I discover is only on the surface. You
+     would be surprised, in talking with public men we meet here, to
+     find how few, when you come to get at their real sentiments,
+     are for Mr. Lincoln's reelection. There is a distrust and fear
+     that he is too undecided and inefficient to put down the
+     rebellion. You need not be surprised if a reaction sets in
+     before the nomination, in favor of some man supposed to possess
+     more energy and less inclination to trust our brave boys in the
+     hands and under the leadership of generals who have no heart in
+     the war. The opposition to Mr. L. may not show itself at all,
+     but if it ever breaks out there will be more of it than now
+     appears. Congress will do its duty, and it is not improbable we
+     may pass a resolution to amend the Constitution so as to
+     abolish slavery forever throughout the United States.
+
+The third scrap is a letter from Governor Yates to Trumbull dated
+Springfield, February 26, to whom, perhaps, McPike showed Trumbull's
+letter quoted above. Yates writes:
+
+     As you are a Senator from _Illinois_, the state of Mr. Lincoln,
+     please be cautious as to your course till I see you. I have
+     such strong regard for you personally that I do not wish either
+     enemies or friends on our side, who would like to supplant you,
+     to get any undue advantage over you.
+
+Trumbull believed there was a lack of efficiency in the use made, by the
+executive branch of the Government, of the means placed at its disposal
+for putting down the rebellion. That such was his opinion was made clear
+by his participation in the anti-Seward movements of the previous year.
+Whether the opinion was justified or not, it was so generally
+entertained in Washington that if the nomination had rested in the hands
+of the Senators and Representatives in Congress, Lincoln would have had
+very few votes in the Baltimore Convention. Albert G. Riddle describes a
+scene in the White House in February, 1864, illustrative of public
+sentiment in Washington at that time. The reception room of the
+Executive Mansion was filled with persons, most of whom were inveighing
+against Lincoln, who was not present. The one most loud and bitter
+against the President was Henry Wilson, of Massachusetts. His assaults
+were so amazing that Riddle cautioned him to choose some other place
+than the Executive Mansion for uttering them; advised him to make his
+speeches in the Senate, or get himself elected to the coming National
+Union Convention and then denounce Lincoln, where his words might have
+some effect. Wilson replied that he knew the people were for Lincoln and
+that nothing could prevent his renomination.[67]
+
+The opposition was based wholly upon charges of inefficiency and lack of
+earnestness and vigor in the prosecution of the war. But the feeling,
+both among the people at home and the soldiers in the field, was so
+overwhelmingly for Lincoln, that when the delegates came together in
+convention the opposition in Congress was silenced. After the
+nominations of both parties had been made, however, the previous
+distrust reappeared on a larger scale and became so pronounced that
+Lincoln himself thought that he was about to be defeated and took steps
+to turn the Government over to McClellan practically before the
+constitutional period for his own retirement.[68] If Lincoln himself was
+in despair, other persons who shared his gloom might be excused.
+
+The radicals who were opposed to Lincoln held a convention in the city
+of Cleveland on the 31st of May, 1864, and nominated General John C.
+Fremont for President and General John Cochrane for Vice-President.
+Among the leaders in this movement were B. Gratz Brown, of Missouri,
+Wendell Phillips, of Massachusetts, and Rev. George B. Cheever, of New
+York. They had the sympathy of Ben Wade, of Ohio, and Henry Winter
+Davis, of Maryland, and they reckoned upon the support of many radical
+Germans of the fiery type, perhaps sufficiently numerous to turn the
+votes of some important Western States. On the 21st of September,
+Fremont withdrew as a candidate and on the 23d the President asked for
+the resignation of Montgomery Blair as Postmaster-General, which the
+latter immediately gave. The simultaneous retirement of Fremont and
+Blair, who were known to be enemies to each other, led to a suspicion
+that there was some connection between the two events. The account given
+by Nicolay and Hay conveys no hint of this, but is confused and
+self-contradictory. Evidence is available to indicate that Fremont made
+his retirement conditional upon the removal of Blair from the Cabinet,
+and that Lincoln, although reluctant to lose Blair from his official
+family, deemed it a necessity to get the third ticket out of the
+presidential contest, for public reasons.[69]
+
+In the Senatorial contest of 1867 the false accusation was made that
+Trumbull had refused to make speeches in favor of Lincoln's reelection;
+whereas he was the leading speaker at the great Union Mass Meeting at
+Springfield on the 5th of October, 1864, which was addressed by
+Doolittle, Yates, and Logan also. His correspondence shows that he
+spoke at several other places during that month.
+
+But speech-making did not gain the victory in the election of 1864. That
+fight was won by General Sherman at Atlanta, aided by General Sheridan
+in the Valley of Virginia, and by Admiral Farragut at Mobile.
+
+FOOTNOTES:
+
+[67] Riddle's _Recollections of War-Time_, p. 267.
+
+[68] Nicolay & Hay, ix, 251.
+
+[69] A letter dated August 9, 1910, in my possession, from Mr. Gist
+Blair, son of Montgomery Blair, says: "I have always understood that my
+father retired from Mr. Lincoln's Cabinet in order to secure the
+withdrawal of Fremont as a candidate against Mr. Lincoln. There are
+letters which I cannot now put my hand on, which indicate that Mr.
+Lincoln continued to consult my father practically the same as if he
+were a member of the Cabinet, up to the time of Mr. Lincoln's death."
+
+
+
+
+CHAPTER XIV
+
+THE THIRTEENTH AMENDMENT TO THE CONSTITUTION
+
+
+Donn Piatt, meeting William H. Seward on the street on the morning
+immediately after the issuing of the preliminary proclamation of
+emancipation, complimented him for his share in the act, whereupon the
+following colloquy ensued:
+
+"Yes," said Seward, "we have let off a puff of wind over an accomplished
+fact."
+
+"What do you mean, Mr. Seward?"
+
+"I mean that the emancipation proclamation was uttered in the first gun
+fired at Sumter and we have been the last to hear it. As it is, we show
+our sympathy with slavery by emancipating slaves where we cannot reach
+them and holding them in bondage where we can set them free."[70]
+
+Seward did not say this in a censorious spirit, but what he did say was
+true. The proclamation applied only to states and parts of states under
+rebel control. It did not emancipate any slaves within the emancipator's
+reach. Whether it freed anybody anywhere was a matter of dispute. What
+its legal effect would be after the war should cease, no one could say.
+Moreover, if the President had legal authority to issue the
+proclamation, then he, or a successor in office, could revoke it.
+
+The Constitution had not given to the Federal Government power to
+emancipate slaves. The proclamation did not purport to rest upon any
+constitutional power, but upon war powers solely. But war powers last
+only while war lasts, and when it comes to an end, all sorts of people
+have all sorts of opinions as to the validity of acts done under them.
+
+Public opinion at the time was keenly alive to doubts regarding the
+President's powers in this particular. Congress was flooded with
+petitions calling for action to confirm and validate the proclamation,
+but the way was beset with difficulties. Should the Constitution be
+amended, or would an act of Congress suffice? If the Constitution should
+be amended, should it abolish slavery everywhere or only in the places
+designated by the President? Should loyal slave-owners be compensated,
+as Lincoln desired? What were the chances of getting such an amendment
+ratified by three fourths of the states? And for this purpose should the
+rebel states be counted as still in the Union? If so, the requisite
+number might not be obtained.
+
+The first resolution offered in Congress for such an amendment of the
+Constitution was proposed in the House on the 14th of December, 1863, by
+Representative James F. Wilson of Iowa, in these words:
+
+     SECTION 1. Slavery being incompatible with a free government is
+     forever prohibited in the United States; and involuntary
+     servitude shall be permitted only as a punishment for crime.
+
+     SECTION 2. Congress shall have power to enforce the foregoing
+     section by appropriate legislation.
+
+On the 13th of January, 1864, Senator Henderson, of Missouri, offered a
+resolution to amend the Constitution by adding thereto the following
+article:
+
+     Slavery or involuntary servitude, except as a punishment for
+     crime, shall not exist in the United States.
+
+These resolutions were referred to the Judiciary Committees of the
+respective houses.
+
+On the 10th of February, Trumbull reported the Henderson Resolution from
+the Committee on the Judiciary, with an amendment in the nature of a
+substitute in the following terms:
+
+     ARTICLE XIII
+
+     SECTION 1. Neither slavery nor involuntary servitude, except as
+     a punishment for crime whereof the party shall have been duly
+     convicted, shall exist within the United States or any place
+     subject to their jurisdiction.
+
+     SECTION 2. Congress shall have power to enforce this article by
+     appropriate legislation.
+
+The phraseology followed pretty closely that of the Ordinance of 1787.
+Trumbull adopted it because it was among the household words of the
+nation. To become effective as a part of the Constitution, this article
+required the votes of two thirds of each branch of Congress and
+ratification by the legislatures of three fourths of the States.
+
+Presenting the resolution to the Senate, Trumbull said that nobody could
+doubt that the conflict then raging, and all the desolation and death
+consequent thereon, had their origin in the institution of slavery; that
+even those who contended that the trouble was due to the agitators and
+abolitionists of the North must admit that if there were no slavery
+there would be no abolitionists. So also it must be admitted that if
+there had been no slavery there would have been no secession and no
+civil war. All the strife that had ever afflicted the nation, or all
+that could be considered menacing to the country's peace, had had its
+source in that institution. Various laws had been passed by Congress to
+give freedom to slaves of rebel owners and even these laws had not been
+executed properly. The President of the United States had issued a
+preliminary proclamation in September, 1862, and a final one in January,
+1863, declaring all slaves under rebel control free, but not those
+under our control. The legal effect of such a proclamation had been a
+matter of dispute. Some persons held that the President had the
+constitutional power to issue it and that all the slaves designated were
+free, or would become so whenever the rebellion should be crushed; while
+others contended that it had no effect either _de jure_ or _de facto_.
+It was the duty of the lawmaking power to put an end to this uncertainty
+by some act more comprehensive than any that had yet been adopted. Would
+a mere act of Congress suffice? It had been an axiom of all parties from
+the beginning of the Government that Congress had no authority to
+interfere with slavery in the states where it existed. We had authority,
+of course, to put down the enemies of the country and the right to slay
+them in battle; we had authority to confiscate their property; but did
+that give us authority to slay the friends of the Union, to confiscate
+their property, or to free their slaves? In his opinion the only
+conclusive and irrepealable way to make an end of slavery was by an
+amendment of the Constitution, and the only practical question remaining
+was whether the resolution recommended by the committee could secure a
+two-thirds vote in Congress and the concurrence of three fourths of the
+states. There were thirty-five states, including those in rebellion, and
+two territories about to become states. Presumably the affirmative votes
+of twenty-eight states would be required for ratification.
+
+In this speech Trumbull gave public expression to his feelings regarding
+the feeble prosecution of the war to which he had given private
+expression in the letters to friends referred to in the preceding
+chapter. He said:
+
+     I trust that within a year, in less time than it will take to
+     make this constitutional amendment effective, our armies will
+     have put to flight the rebel armies. I think it ought to have
+     been done long ago. Hundreds of millions of treasure and a
+     hundred thousand lives would have been saved had the power of
+     this republic been concentrated under one mind and hurled in
+     masses upon the main rebel armies. This is what our patriotic
+     soldiers have wanted and what I trust is now soon to be done.
+     But instead of looking back and mourning over the errors of the
+     past, let us remember them only for the lessons they teach for
+     the future. Forgetting the things which are past, let us press
+     forward to the accomplishment of what is before. We have at
+     last placed at the head of our armies a man in whom the country
+     has confidence, a man who has won victories wherever he has
+     been, and I trust that his mind is to be permitted,
+     uninterfered with, to unite our forces, never before so
+     formidable as to-day, in one or two grand armies, and hurl them
+     upon the rebel force.[71]
+
+The feeling here expressed by Trumbull was the prevailing sentiment at
+Washington at that time, even in President Lincoln's Cabinet. Both
+Gideon Welles and Edward Bates shared it. Welles wrote:
+
+     In this whole summer's campaign I have been unable to see or
+     hear or obtain evidence of power or will or talent or
+     originality on the part of General Halleck. He has suggested
+     nothing, decided nothing, done nothing but scold and smoke and
+     scratch his elbows. Is it possible that the energies of a
+     nation should be wasted by the incapacity of such a man?
+
+When Welles said to the President that he had observed the "inertness if
+not incapacity of the General-in-Chief, and had hoped that he [the
+President] who had better and more correct views would issue peremptory
+orders," Lincoln replied that it was better that he, who was not a
+military man, should defer to Halleck, rather than Halleck to him.
+
+Additional light is thrown by an entry in Hay's "Diaries"[72] under date
+April 28, 1864, where Lincoln says:
+
+     When it was proposed to station Halleck in general command, he
+     insisted, to use his own language, on the appointment of a
+     General-in-Chief who should be held responsible for results. We
+     appointed him, and all went well enough until after Pope's
+     defeat, when he broke down,--nerve and pluck all gone,--and has
+     ever since evaded all possible responsibility, little more,
+     since that, than a first-rate clerk.
+
+General Francis V. Greene, reviewing the war as a whole, says that
+
+     If Lincoln had placed Grant in command of the Western armies in
+     July, 1862, when Halleck was made General-in-Chief, instead of
+     in October, 1863, it would have probably shortened the war by a
+     year.[73]
+
+This opinion is concurred in by General Grenville M. Dodge, one of the
+surviving major-generals of the Civil War,[74] and I imagine that it
+will not be disputed by any military man at the present day. These
+citations show that the opinions held by Trumbull, as to the
+inefficiency of the directing force of the Union armies, up to the time
+when Grant was called to take command at Washington, were not those of a
+mere fault-finder and backbiter.
+
+A notable speech in favor of the anti-slavery amendment was made by
+Henderson, of Missouri, who was himself a slave-owner. The most
+impressive speech made in either branch of Congress, however, was that
+of Senator Reverdy Johnson, of Maryland. The fact that he represented a
+slaveholding State could not fail to add force to any argument he might
+make in support of the measure, but the argument itself, both in its
+moral and its legal aspects, was of surpassing merit. It deserves a high
+place in the annals of senatorial eloquence.
+
+The constitutional amendment was under debate in the Senate until the
+8th of April, 1864, when it was passed by a vote of 38 to 6. The
+negative votes were the two from Delaware, two from Kentucky, and those
+of Hendricks, of Indiana, and McDougall, of California. It then went to
+the House, where it was under consideration till the 15th of June, when
+it failed of passage by a vote of 93 to 65, not two thirds. The
+Democrats generally voted in the negative. A second attempt to pass it
+was made in the House on February 1, 1865, this time successfully, the
+yeas being 119 and the nays, 56. There was an extraordinary scene in the
+House when the final vote was taken. It is described by George W.
+Julian, in his "Recollections" (page 250), thus:
+
+     The time for the momentous vote had now come, and no language
+     could describe the solemnity and impressiveness of the
+     spectacle pending the roll-call. The success of the measure had
+     been considered very doubtful, and depended upon certain
+     negotiations, the result of which was not fully assured, and
+     the particulars of which never reached the public.[75] The
+     anxiety and suspense during the balloting produced a deathly
+     stillness, but when it became certainly known that the measure
+     had prevailed, the cheering in the densely packed hall and
+     galleries surpassed all precedent and beggared all description.
+     Members joined in the general shouting, which was kept up for
+     several minutes, many embracing each other, and others
+     completely surrendering themselves to their tears of joy....
+
+The ratification of the amendment was announced by the Secretary of
+State on the 18th of December, 1865. Three states, South Carolina,
+Alabama, and Florida, when they ratified it, passed resolutions
+expressing their understanding that the second section did not authorize
+Congress to legislate on the political status or civil relations of the
+negroes, but merely to confirm and protect their freedom. On November 1,
+1865, Governor Perry, of South Carolina, wrote to President Johnson,
+saying that his state had abolished slavery in all good faith and never
+would wish to restore it again, but that his people feared that the
+second section might be construed to give Congress local power over
+legislation respecting negroes and white men in the state of freedom. To
+this letter Secretary Seward replied that the second section was "really
+restraining in its effect instead of enlarging the powers of Congress."
+By this he meant that it restrained Congress to the single subject of
+slavery. It did not give citizenship or civil rights to the freedmen.
+The legislature of South Carolina accordingly ratified the amendment on
+the 13th of November, and put on record the letter of Seward as the
+official interpretation of this clause by the Federal Executive. Alabama
+did substantially the same on the 2d of December and Florida on the 28th
+of December. Seward's interpretation of the second section of the
+amendment turned out to be correct, but many years of doubt and gloom
+were to pass before a decision upon it was reached in the Supreme Court.
+
+From what has gone before it appears doubtful whether President
+Lincoln's proclamation of emancipation freed any slaves legally. Its
+immediate value was not so much in its effect upon the blacks as upon
+the whites. It liberated millions of the latter from bondage to a false
+philosophy and a monstrous social creed and made possible and necessary
+the adoption of the Thirteenth Amendment. To Senator Trumbull belongs
+the distinction of having traced its lines and this is his title to
+immortality.
+
+FOOTNOTES:
+
+[70] _Memories of Men who Saved the Union_, by Donn Piatt, p. 150.
+
+[71] _Cong. Globe_, 1863-64, part 2, p. 1314.
+
+[72] Vol. I, p. 187.
+
+[73] _Scribner's Magazine_, July, 1909.
+
+[74] In a letter to the writer.
+
+[75] The particulars referred to by Julian were subsequently made public
+by Mr. A. G. Riddle in his _Recollections of War-Time_, p. 325. Two
+Democrats were induced to vote in the affirmative and one other to be
+absent when the vote was taken. One of them was induced to vote right by
+the promise of an office for his brother; another was facing an election
+contest in the coming Congress where his own seat was claimed by a
+Republican opponent. The Democrat was promised favorable consideration
+by the Republicans before the testimony in the case was examined. The
+third was counsel for a railroad against whose interests a bill was
+about to be reported in the Senate, which bill was in the control of
+Charles Sumner. The bill would not be reported, or not reported soon, if
+the Congressman should be absent when the vote was taken. These
+arrangements, Riddle says, were negotiated by James M. Ashley, of Ohio,
+in whose hands the Republicans of the House had deposited their honor
+for the time being. If the three Democrats had voted in the negative,
+the result would have been 117 to 59, one less than the necessary two
+thirds. But that would only have delayed the adoption of the amendment
+till the next Congress.
+
+
+
+
+CHAPTER XV
+
+RECONSTRUCTION
+
+
+The next event of world-wide concern was the assassination of President
+Lincoln, which took place April 14, 1865. It does not come within the
+scope of this work, except as it finds expression or comment in the
+Trumbull papers. One such, found in a letter of Norman B. Judd, Minister
+to Prussia, dated Berlin, May 7, ought to be preserved.
+
+     At the present moment he [Lincoln] is deified in Europe.
+     History shows no similar outburst of grief and indignation.
+     Crowned heads and statesmen, parliaments and corporate bodies,
+     literary institutions and the people, all vie in pronouncing
+     the eulogy. The entire press of Europe has for the last ten
+     days been filled with nothing else. We have had a very
+     impressive and imposing funeral service. Kings,
+     Representatives, Ministers, and the Diplomatic Corps were
+     amongst the number present. The people assembled to three times
+     the capacity of the church. I told my colleagues to come
+     without uniform.--Something new under the sun at this Court of
+     Uniforms.
+
+When the work of Reconstruction began, two opposing ideas came in
+conflict with each other respecting the status of the seceding states.
+One was that the act of secession annihilated the State Governments and
+put the inhabitants and their belongings in the condition of newly
+acquired territories, subject in all things to the conquering power.
+This opinion was held by Charles Sumner and Thaddeus Stevens. The other
+view was that every act of secession was null and void; that state
+sovereignty was suspended but not extinguished in the Confederacy; and
+that when the rebellion was crushed, it became the duty of the General
+Government to recognize the loyal men in each state, as the rightful
+nucleus of sovereignty, to assist them to set the state Governments
+going again; in harmony, however, with accomplished facts, including the
+abolishment of slavery.
+
+The latter view had been adopted by President Lincoln in a proclamation
+issued simultaneously with his annual message to Congress December 8,
+1863. This proclamation declared that whenever the voters of any
+seceding state, not less in number than one tenth of those who had voted
+in the presidential election of 1860, should reestablish a loyal State
+Government, it should be recognized as the true Government of the state.
+The qualifications of voters should be those existing in the state
+immediately before secession, "excluding all others," but it was
+provided that all previous proclamations of the President and all acts
+of Congress in reference to slavery should be held inviolable. It was
+explained that the question of admitting to seats in Congress any
+persons who might be elected by such states as members would rest with
+the respective houses exclusively. It was added that while this plan of
+Reconstruction was favored by the President he did not mean that no
+other would be acceptable.
+
+In pursuance of the proclamation an election was held in February, 1864,
+in that portion of Louisiana controlled by the Union army under command
+of General Banks, at which election 11,411 votes were cast--the whole
+vote of the state had usually been about 40,000. At this election,
+Michael Hahn had been chosen governor and he was inaugurated as such on
+the 4th of March, with impressive ceremonies, "in the presence of more
+than 50,000 people," as General Banks announced. Writing to Governor
+Hahn under date, March 13, 1864, Lincoln said:
+
+     Now you are about to have a convention which, among other
+     things, will probably define the elective franchise. I barely
+     suggest for your private consideration whether some of the
+     colored people may not be let in, as, for instance, the very
+     intelligent and especially those who have fought gallantly in
+     our ranks. They will probably help, in some trying time to
+     come, to keep the jewel of liberty in the family of freedom.
+     But this is only a suggestion, not to the public but to you
+     alone.
+
+A constitutional convention of Louisiana was elected March 28, 1864; it
+assembled April 6; adopted a free state constitution July 22, which was
+ratified by popular vote September 5. Under this constitution a
+legislature was elected by which two Senators were chosen to represent
+the state at Washington. Their credentials were referred to the
+Committee on the Judiciary, and on the 8th of January, 1865, Trumbull
+called at the White House to consult with Lincoln respecting their
+admission. One of the consequences of the interview was the unanimous
+agreement of the Judiciary Committee in favor of a joint resolution
+recognizing the Government of which Michael Hahn was the head. This
+resolution was reported by Trumbull on the 23d of February. Sumner
+objected to it because the constitution did not grant negro suffrage,
+and he avowed the intention of using all parliamentary means to defeat
+it. In this endeavor he had the cooeperation of Senators Chandler and
+Wade and of most of the Democrats. The latter opposed the resolution
+because the constitution was not the work of the majority of the white
+people of the state. On the 24th, there was a debate of some bitterness
+between Sumner and Doolittle. The latter contended that the vote of
+Louisiana was needed to ratify the Thirteenth Amendment of the Federal
+Constitution. To this Sumner replied that the so-called state of
+Louisiana was a shadow, that no such state existed, and that its
+ratification would be worthless if obtained. In this contention he was
+sustained by Garrett Davis, of Kentucky.
+
+There were only seven working days remaining of the Thirty-eighth
+Congress, and Sumner managed to stave off the vote, although there was a
+large majority in favor of the resolution, as was shown by roll-calls on
+various motions. There was a sharp passage-at-arms between Trumbull and
+Sumner, which made a breach between them for a considerable time.
+
+On the 11th of April, five days before his assassination, Lincoln
+delivered a carefully prepared address from the balcony of the White
+House in response to a greeting of citizens who had assembled to welcome
+him on his return from Richmond after the surrender of that city. He
+embraced the occasion to call attention again to the question of
+Reconstruction which was now becoming momentous. He referred to the plan
+which he had recommended in his annual message of December, 1863, and
+said that it had received the approval of every member of his Cabinet
+(which then included Chase and Blair). It had not been objected to by
+any professed emancipationist until after the news reached Washington
+that the people of Louisiana were about to take action in accordance
+with it. Then the question had been raised whether the seceded states
+were in the Union or out of it. He did not consider that question a
+material one, but rather a pernicious abstraction, having only the
+mischievous effect of dividing loyal men. The question now uppermost was
+how to get the seceded states again into their proper practical
+relations with the Union. "Let us all join," he said, "in doing the
+acts necessary to restoring the proper practical relations between these
+states and the Union, and each forever after innocently indulge his own
+opinion whether, in doing the acts, he brought the states from without
+into the Union, or only gave them proper assistance, they never having
+been out." The question was not whether the Louisiana Government as
+reconstructed was quite all that was desirable, but whether it was wiser
+to take it and help to improve it, or to reject and disperse it.
+"Concede that the new Government of Louisiana is only, to what it should
+be, as the egg is to the fowl, we shall sooner have the fowl by hatching
+the egg than by smashing it." He concluded by saying that his remarks
+would apply generally to other states, but that there were peculiarities
+pertaining to each state, and important and sudden changes occurring in
+the same state, so that no exclusive and inflexible plan could safely be
+prescribed as to details. Therefore, he held himself free to make some
+new announcement to the people of the South when satisfied that such
+action would be proper.
+
+This was, in a political sense, his last will and testament. No other
+communication from him to his countrymen was more fraught with wisdom
+and patriotism. It received the prompt endorsement of William Lloyd
+Garrison, who defended it when attacked by Professor Newman, of London
+University.[76] Garrison held not only that Lincoln had no right to
+interfere with the voting laws of the states, but that it would be bad
+policy to do so; for if negro suffrage were imposed upon the South
+against the will of the people, then, "as soon as the State was
+organized and left to manage its own affairs, the white population, with
+their superior intelligence, wealth, and power, would unquestionably
+alter the franchise in accordance with their prejudices and exclude
+those thus summarily brought to the polls."
+
+Garrison saw further than Sumner, but nobody at the North then imagined
+the tremendous consequences that were to follow the upsetting of
+Lincoln's plan. If Trumbull's resolution had passed, it would have
+served as a precedent for all the seceding states, in which case most of
+the misery of the next fifteen years in the South, including the
+carpet-bag governments and the Ku-Klux-Klan, would have been avoided.
+
+President Johnson at first had been rather more radical than the
+majority of his party as to the measure of punishment to be visited upon
+the leaders of the rebellion. He had several times talked about "making
+treason odious," and had said that traitors should take back seats in
+the work of Reconstruction, and had used language which implied that
+some of the more prominent Confederates ought to be tried and executed
+for treason. He had a sharp difference with General Grant as to the
+inclusion of General Lee in that category, Grant insisting that no
+officer or soldier who had observed the terms of capitulation at
+Appomattox could be rightfully molested.[77]
+
+But this feeling of animosity on Johnson's part gradually passed away.
+In an authorized interview with George L. Stearns, October 3, 1865, on
+the subject of Reconstruction, and again in an interview with Frederick
+Douglass and others, February 7, 1866, on the suffrage question, he said
+nothing about making treason odious, but declared himself opposed to
+unrestricted negro suffrage because he believed it would lead to a war
+of races--a war between the non-slaveholding class (the poor whites) and
+the negroes. The former hated and despised the latter, and this feeling
+he thought would be intensified if the suffrage were granted to the
+negroes.
+
+"The query comes up," said Johnson in his colloquy with Douglass,
+"whether these two races, situated as they were before, without
+preparation, without time for the slightest improvement, whether the one
+should be turned loose upon the other, and be thrown together at the
+ballot-box with this enmity and hate existing between them. The question
+comes up right there, whether we don't commence a war of races. I think
+I understand this thing, and especially is this the case when you force
+it upon a people without their consent."
+
+Johnson had adopted not only Lincoln's plan of Reconstruction, but his
+Cabinet also. At its first meeting, April 16, the unfinished project for
+the establishment of civil government in Virginia, drafted by Secretary
+Stanton at Lincoln's instance, was presented but not acted on. At a
+subsequent meeting, May 8, it was considered and adopted, and was
+promulgated as an Executive Order on the following day. It recognized
+Francis M. Peirpoint, who had been nominal governor in Lincoln's time,
+as actual governor, and declared that in order to guarantee to the state
+of Virginia a republican form of government and to afford the advantage
+and security of domestic laws, and the full and complete restoration of
+peace, he would be aided by the Government of the United States in the
+measures he might take to accomplish those ends.
+
+A loyal State Government of considerable scope and solidity, formed by
+Johnson himself as military governor, already existed in Tennessee. This
+was now recognized by the President as an accomplished fact. W. G.
+Brownlow had been elected governor, and a legislature had been
+constituted, which had passed a franchise act that limited the voting
+privilege to whites and excluded rebels of a certain grade. The Lincoln
+State Government of Louisiana and a similar one in Arkansas were allowed
+to stand.
+
+On the 29th of May, the President issued an Executive Order appointing
+W. W. Holden provisional governor of North Carolina, and prescribing
+certain duties to be performed by him; among others that of calling a
+convention to be chosen by the loyal people of the state for the purpose
+of altering or amending the state constitution, and forming a government
+fit to be recognized and defended by the Government of the United
+States. Following the precedent made by Lincoln in the Louisiana case,
+the qualifications of voters at the election of delegates to the
+convention were fixed and declared to be those "prescribed by the
+constitution and laws of North Carolina in force immediately before the
+20th day of May, 1861, the date of the so-called ordinance of
+secession," excepting, however, certain classes of whites. Similar
+orders followed in rapid succession for reorganizing Mississippi,
+Georgia, Texas, Alabama, South Carolina, and Florida, the last one
+bearing date July 13, 1865. Before the form of the order was adopted, a
+vote had been taken in the Cabinet on the question whether negroes
+should be allowed to vote in the election of Delegates. Of the six
+members present, three had voted in the affirmative and three in the
+negative. Seward was not present, being still confined to his bed by the
+wounds inflicted on him the night when Lincoln was assassinated. The
+President then took the matter in his own hands, and at the next meeting
+of the Cabinet read the North Carolina order and none of the members
+offered any objection to it.
+
+Thus Reconstruction had been mapped out, so far as the executive branch
+of the Government was concerned, before the Thirty-ninth Congress
+assembled.
+
+Together with the order for Reconstruction in North Carolina, the
+President issued a proclamation of amnesty for all persons who had
+participated in the rebellion, excepting, however, certain specified
+classes of offenders. This proclamation bore the same date, and was
+published simultaneously with the North Carolina order; but the
+newspapers of the day, while commenting upon and generally approving,
+made little account of the fact that negroes were excluded from voting
+at the election for delegates. The New York _Tribune_ of May 30 merely
+said: "Of course no blacks can vote." The New York _Times_ made mention
+of the same fact.
+
+The New York _Evening Post_ of the same date, however, after pointing
+out that only white men and taxpayers could vote in the coming election
+in North Carolina, said:
+
+     Unless, in the process of the reorganization, we build upon the
+     principle laid down in the Declaration of Independence, that
+     all men are created free and equal, there is no assurance that
+     the different elements of which our social and political state
+     is composed will subsist in harmony and tranquil cooeperation.
+     In that direction lies our way to political safety. If we
+     attempt to build upon any foundation of inequality between
+     races and castes, we shall find a condition of things
+     prevailing similar to that which has been the source of so many
+     calamities to Ireland.
+
+The first blast against Andrew Johnson was sounded by Wendell Phillips
+at the New England Anti-Slavery Convention, Boston, May 31, on a
+resolution offered by himself affirming that
+
+     The reconstruction of the rebel states without negro suffrage
+     is a practical surrender to the Confederacy and will make the
+     anti-slavery proclamation of the late President, and even the
+     expected amendment of the Constitution utterly inefficient for
+     the freedom and protection of the negro.
+
+This resolution was supported by Phillips in a spirit of blind fury.
+Every life and every dollar that had been spent by the North had been
+stolen, he contended, if this policy should prevail, and "there was but
+one way in which the people could still hold the helm of affairs, and
+that was by a repudiation of the entire war debt!" Such a party would
+have his voice and vote until God called him home. "Better, far better,
+would it have been for Grant to have surrendered to Lee, than for
+Johnson to have surrendered to North Carolina."
+
+The New York _Tribune_, June 2, took notice of Phillips, and, after
+adverting to his intemperate attacks on Salmon P. Chase and Abraham
+Lincoln in the past, turned to his "like delicate attentions" to Mr.
+Lincoln's successor.
+
+     President Johnson [it said] believes in, and favors, the
+     extension of the elective franchise to blacks, but since he
+     holds that no state has gone out, or could go out, of the
+     Union, he believes that the Southern state constitutions stand
+     as before, and that the right of suffrage stands as before
+     until legally changed. We do not insist [it continued] that
+     this is the true doctrine--we do not admit an _unqualified_
+     right in the enfranchised people of any state to do as they
+     will with the residue. Yet we insist that President Johnson's
+     view is one that a true man may honestly, conscientiously
+     hold--may hold it without being a hypocrite, a demagogue, or a
+     tool of the slave power. And we think few considerate persons
+     will deny that it is greatly desirable, _if_ the desired
+     reparation in the _status_ of the freedmen can be achieved
+     _through_ the several states rather than over them--that it
+     would be more stable, less grudging, more real, if thus
+     accomplished. In fact, we should prefer waiting a year or two,
+     or accepting a limited enfranchisement, to a full recognition
+     of the Equal Rights of Man by virtue only of a presidential
+     edict, or order from the War Department, or even an act of
+     Congress.
+
+The New York _Times_, June 21, concurred, saying:
+
+     It is an open question whether the Government should or should
+     not attempt to secure suffrage to the Southern blacks; the best
+     men may differ about it.
+
+It scored Wendell Phillips for advocating repudiation of the national
+debt as a cure for any other evil whatsoever.
+
+     When Mr. Phillips says that if the Government and the people do
+     not accept his doctrine, he will turn scoundrel and join a
+     party of scoundrels, he does his doctrine the very worst injury
+     possible.
+
+Meanwhile there was a witches' caldron boiling in the South. The
+Confederate States had been impoverished by the war. Their labor system
+had been overturned under circumstances and in a mode that no other
+people had ever experienced. The negroes knew nothing of the
+responsibilities of freedom. They could not understand the meaning of a
+contract. The ex-slaves, when hired for a specified time, might abandon
+their work the next day or the next week, and return the following day
+or week and run the risk of being flogged or shot, either for going away
+or for coming back. The ex-masters, knowing only one way of getting work
+out of the negro,--that of compulsion,--contended and believed that
+there was no other way, or none that would serve the purpose during
+_their_ lifetime; and since the crops of the present year could not wait
+for the milder teachings of education and reason, they adopted the only
+means that would secure immediate results. The planters, or the majority
+of them, were still further crippled by having no money to pay wages.
+All of their money had become filthy rags by the downfall of the
+Confederacy. The only alternative was hiring labor on shares. This was
+an embarrassment that the Northern men (carpet-baggers) who went to the
+South directly after the war did not suffer from. Some of these, tempted
+by the high price of cotton and the low price of land, hired or bought
+plantations, and they had the pick of the labor market because they
+could pay cash. Their example was a fresh irritation to the impecunious
+native planter, who, in losing the Confederacy, had lost everything
+except the clothes he stood in, which were much the worse for wear.
+
+If there was to be a crop of cotton, or of anything, in 1865, the
+laboring population must be kept in some kind of order. Work days must
+be continuous, and not alternative with hunting and fishing days and
+play days. The planters looked to their legislatures in this emergency,
+and the legislatures enacted laws as near to the old slave codes as the
+condition of emancipation would allow,--if not nearer. These enactments
+began to reach the North before the Thirty-ninth Congress assembled.
+They were accompanied by tales of cruelty and outrage committed upon the
+freedmen, and of disloyal utterances and threats on the part of the
+unreconciled whites, male and female, who had been deprived of every
+weapon except their tongues. Little account was made of the need of time
+in which to become reconciled to these changes and to acquire admiration
+for those who had brought them about.
+
+Among letters which reached Trumbull was one from Colonel J. W. Shaffer,
+of the Union Army, dated New Orleans, December 25, 1865, who gave the
+following account of what he had observed along the Gulf Coast:
+
+     I have been to Mobile, spent a week there, have traveled around
+     in this state, talked much with friend and enemy, and I
+     unhesitatingly say that our President has been going too fast.
+     I am told by all Union men that after the surrender of the
+     rebel armies the men returned perfectly quiet, came to Southern
+     and Northern Union men, saying, "We don't know what is expected
+     of us by the Government, but one thing is certain, we are tired
+     of war and desire above all things to return to the quiet
+     pursuits of life and try to mend our fortune as best we can,
+     and cultivate a friendly feeling with all parts of the country
+     once more; now tell us how to do this." Soon, however, to their
+     surprise they found that the control of everything was to be
+     again put in their hands, and at once they became insolent,
+     abused the Government openly, and openly declared that Union
+     men and Yankees must leave as soon as the military is
+     withdrawn. Had they been given to understand that the
+     Government was going to continue to govern and control, and
+     that Union men alone would be trusted with the management of
+     affairs, these people would have been entirely satisfied, glad
+     to escape with their lives, and would at once have adapted
+     themselves to circumstances. Now they are drunk with power,
+     ruling and abusing every loyal man, white and black.
+
+Per contra, Dr. C. H. Ray wrote, under date September 29, 1865, on the
+subject of Reconstruction:
+
+     What are our Republican papers thinking of when they make war
+     upon the President as they are now doing? I see that there is
+     hardly one to stand up in his defense, and that he will be
+     fought out of our ranks into the arms of the Democracy. I do
+     not see that he is so guilty as he is said to be, and for one I
+     cannot join the cry against him. What do his assailants
+     expect--to carry the country on the Massachusetts idea of negro
+     suffrage, female suffrage, confiscation, and hanging? If so,
+     they will drive all moderate men out of the party and the
+     remainder straight to perdition.
+
+Only five Northern States at this time allowed negroes to vote at
+elections, and one of these (New York) required a property qualification
+from blacks but not from whites. The state of Illinois had an unrepealed
+black code similar to that of Kentucky, and had added to it, as lately
+as 1853, a law for imprisoning any black or mulatto person brought into,
+or coming into, the state, for the purpose of residing there, whether
+free or otherwise. Some litigation for the enforcement of this act was
+begun in Cass County in 1863, while the Civil War was in progress.[78]
+
+FOOTNOTES:
+
+[76] _Life of Garrison_, by his sons, IV, 123.
+
+[77] Grant's testimony before the House Committee on the Judiciary, July
+18, 1867. McPherson, p. 303.
+
+[78] _Journal_ of the Illinois State Historical Society, vol. IV, no. 4.
+
+
+
+
+CHAPTER XVI
+
+ANDREW JOHNSON'S FIRST MESSAGE
+
+
+Said the New York _Times_, December 6, 1865:
+
+     Probably no executive document was ever awaited with greater
+     interest than the message transmitted to Congress yesterday. It
+     is safe to say that none ever gave greater satisfaction when
+     received. Its views on the most momentous subjects, domestic
+     and foreign, that ever concerned the nation, are full of
+     wisdom, and are conveyed with great force and dignity.
+
+The original manuscript of the message thus eulogized was discovered
+nearly half a century later by Professor Dunning, of Columbia
+University, in the handwriting of George Bancroft, among the Johnson
+papers in the Library of Congress.
+
+It remains a document creditable alike to the man who composed it and to
+the one who made it his own by sending it as an official communication
+to Congress. It breathed the spirit of peace and harmony, of justice
+tempered with mercy, of human kindness and helpfulness, of
+self-abnegation and self-restraint, all couched in the tone of high
+statesmanship. It adhered, however, to the opinion previously expressed
+by the President, that the Executive had no right to extend the suffrage
+to persons to whom it had not been granted by state authority.
+
+A discriminating yet warm eulogium of the message was pronounced by the
+New York _Nation_, which was then in the sixth month of its existence.
+It had criticized the President's Reconstruction acts as too hasty. Two
+or three months' time it considered too short to reconcile whites and
+blacks and teach them to respect each other's rights. Nevertheless,
+taken for all in all, the message was one which every American might
+read with pride.
+
+     We do not know [it continued] where to look in any other part
+     of the globe, for a statesman whom we could fix upon as likely
+     to seize the points of so great a question, and state them with
+     so much clearness and breadth, as this Tennessee tailor who was
+     toiling for his daily bread in the humblest of employments when
+     the chiefs of all other countries were reaping every advantage
+     which school, college, and social position could furnish. Those
+     who tremble over the future of democracy may well take heart
+     again when men like Lincoln and Johnson can at any great crisis
+     be drawn from the poorest ranks of society, and have the
+     destinies of the nation placed in their hands with the free
+     assurance that their very errors will be better and wiser than
+     the skill and wisdom of kings and nobles. For if the President
+     were to commit to-morrow every mistake or sin which his worst
+     enemies have ever feared, his plan of Reconstruction would
+     still remain the brightest example of humanity, self-restraint,
+     and sagacity ever witnessed--something to which the history of
+     no other country offers any approach, and which it is safe to
+     say none but a democratic society would be capable of carrying
+     out.
+
+The statesmanship of George Bancroft did not govern very long. The irony
+of fate decreed that within two months of the time when such words as
+the foregoing were uttered by the most competent critics in the land,
+the President of whom they were spoken should be in bitter strife with
+the majority of his own party, and within two years be facing trial by
+impeachment.
+
+Andrew Johnson was born of a fighting race and in a region of fighters.
+He shared the poverty and ignorance of the mountaineers of East
+Tennessee. Hard labor was his portion in youth and early manhood. He was
+a tailor by trade.[79] He could read, but could not write until he was
+married, when the latter accomplishment was imparted to him by his wife.
+With this kind of start he became, like Abraham Lincoln, and in much the
+same way and facing the same difficulties, a public speaker, and
+acquired by steady practice the faculty of making his meaning clear to
+the commonest understanding. When he found himself in the Senate of the
+United States, shortly before the outbreak of secession, he had few if
+any superiors as a debater in that body, and the Union had not a more
+unflinching defender, North or South. Alexander H. Stephens, a competent
+judge, considered Johnson's speech against secession the best one made
+in the Senate during the whole controversy. Secretary Seward, who
+accompanied him in his "swing around the circle" in 1866, said that he
+was then the best stump speaker in the country. Certainly the speech
+with which he began that tour at New York on the 29th of August was a
+great one. It fills five pages of McPherson's "History of
+Reconstruction." It was extemporaneous, but faultless in manner and
+matter; it was charged with the spirit of patriotism, and it will bear
+comparison with anything in the annals of American polemics. If he had
+made no other speech in that campaign the results might have been far
+different, and the Union party which elected him might have avoided the
+breach which soon became remediless.
+
+The first blow leading to this breach was struck by Sumner in the
+Senate, December 19, 1865, when he referred to a message of the
+President, of the previous day, on the condition of the South, as a
+"whitewashing message" akin to that of President Pierce on the affairs
+of Kansas. When Reverdy Johnson deprecated such an assault on the
+President of the United States, Sumner replied that it was "no assault
+at all," but after two other Senators (Doolittle and Dixon) had said
+that it was the same as accusing the President of falsifying, he replied
+that he did not so intend it, but he did not withdraw or modify it.
+
+Certain acts of Southern legislatures on the subjects of apprenticeship,
+vagrancy, domicile, wages, patrols, idleness, disobedience of orders,
+and violation of contracts on the part of laborers were early brought to
+the attention of the Thirty-ninth Congress. Many of these acts betokened
+an intention on the part of the lawmakers to reduce the freedmen to a
+state of serfdom or peonage. The Virginia legislature, for example,
+passed a vagrancy act, the ultimate effect of which, Major-General Terry
+said, would be to "reduce the freedmen to a condition of servitude worse
+than that from which they had been emancipated--a condition which will
+be slavery in all but its name." Whereupon the general, being in command
+of the military department, issued an order dated January 26, 1866, that
+"no magistrate, civil officer, or other person, shall, in any way or
+manner, apply or attempt to apply, the provisions of said statute to any
+colored person in this department." President Johnson refused to
+interfere with General Terry's order when it was brought to his
+attention.
+
+On the 13th of December, Senator Wilson, of Massachusetts, introduced a
+bill to declare invalid all acts, ordinances, rules, and regulations in
+the states lately in insurrection, in which any inequality of civil
+rights was established between persons on account of color, race, or
+previous condition of servitude. The Natick cobbler was as keen and
+fluent a debater as the Knoxville tailor. He had a Yankee drawl in his
+pronunciation which detracted from the real merits of his argument, and
+so it came to pass that, contrary to the usual fate of extempore
+speaking, his speeches read better than they sounded. His speech in
+support of his measure on the 21st of December was in his best style. It
+was devoid of passion or invective. He cherished no ill-feeling toward
+any person, high or low, who had been engaged in the rebellion. He did
+not seek or desire to punish anybody. Least of all did he desire to
+raise an issue with the President. He wanted only peace, order,
+friendship, and brotherhood between North and South, as soon as
+possible; but there could be no peace with these statutes staring us in
+the face. Therefore, he demanded that they be swept into oblivion with
+the slave codes that had preceded them.
+
+Wilson desired an immediate vote on his bill. Senator Sherman thought
+that it ought to be referred to a committee and postponed until the
+anti-slavery amendment of the Constitution should be officially
+proclaimed. Trumbull concurred with Sherman. He said:
+
+     I do not rise, sir, with a view of discussing the bill under
+     consideration: it is one relating to questions of a very grave
+     character, and ought not to pass without due consideration. The
+     Senator from Massachusetts tells us that it has been submitted
+     to distinguished lawyers, and they all conceded its propriety,
+     and nobody disputes the power of Congress to pass it. Doubtless
+     that was their opinion and is the opinion of the Senator from
+     Massachusetts. Perhaps it would be my opinion upon
+     investigation. I will not undertake to say, at this time, what
+     the powers of the Congress of the United States may be over the
+     people in the lately rebellious states.
+
+     There was a time between the suppression of the rebellion and
+     the institution of any kind of government in those states when
+     it was absolutely necessary that some power or other to prevent
+     anarchy should have control. The Senator from Delaware, and I
+     believe the Senator from Maryland, said the rebellion was over,
+     but at the time that the rebellion ceased there was no
+     organized government whatever in most of the rebel states; and
+     was the Government of the United States to withdraw its forces
+     and leave the people in a state of anarchy for the time being?
+     Surely not. As a consequence of the rebellion and of the
+     authority clearly vested in the Government of the United States
+     to put down the rebellion, in my judgment the Government had
+     the right, in the absence of any local governments, to control
+     and govern the people till state organizations could be set up
+     by the people which should be recognized by the Federal
+     Government as loyal and true to the Constitution. It must be
+     so. It is a necessity of the condition of things.
+
+     But, sir, I do not propose at this time to discuss this bill.
+     It is one, I think, of too much importance to be passed without
+     a reference to some committee. The bill does not go far enough,
+     if what we have been told to-day in regard to the treatment of
+     freedmen in the Southern States is true. The bill, perhaps,
+     also may be premature in the sense stated by the Senator from
+     Ohio. We have not yet the official information of the adoption
+     of the constitutional amendment. That that amendment will be
+     adopted, there is very little question; until it is adopted
+     there may be some question (I do not say how the right is) as
+     to the authority of Congress to pass such a bill as this, but
+     after the adoption of the constitutional amendment there can be
+     none.
+
+     The second clause of that amendment was inserted for some
+     purpose, and I would like to know of the Senator from Delaware
+     for what purpose? Sir, for the purpose, and none other, of
+     preventing state legislatures from enslaving, under any
+     pretense, those whom the first clause declared should be free.
+     It was inserted expressly for the purpose of conferring upon
+     Congress authority by appropriate legislation to carry the
+     first section into effect. What is the first section? It
+     declares that throughout the United States and all places
+     within their jurisdiction neither slavery nor involuntary
+     servitude shall exist; and then the second section declares
+     that Congress shall have authority by appropriate legislation
+     to carry this provision into effect. What that "appropriate
+     legislation" is, is for Congress to determine, and nobody else.
+
+Mr. Saulsbury here interrupted, saying, "I wish to ask the honorable
+Senator a question, with his consent, first answering his own. He asks
+me for what purpose that second section was introduced. I do not know; I
+had nothing to do with it. And now I wish to ask the honorable Senator
+whether, when it was before this body for adoption, he avowed in his
+advocacy of it that it was meant for such purposes as are now claimed."
+
+Then the following colloquy ensued:
+
+     MR. TRUMBULL. I never understood it in any other way.
+
+     MR. SAULSBURY. Did you state it to the Senate?
+
+     MR. TRUMBULL. I do not know that I stated it to the Senate. I
+     might as well have stated to the Senator from Delaware that the
+     clause which declared that Slavery should not exist anywhere
+     within the United States means that slavery should not exist
+     within the United States! I could make it no plainer by
+     repetition or illustration than the statement itself makes it.
+     I reported from the Judiciary Committee the second section of
+     the constitutional amendment for the very purpose of conferring
+     upon Congress authority to see that the first section was
+     carried out in good faith, and for none other; and I hold that
+     under that second section Congress will have the authority,
+     when the constitutional amendment is adopted, not only to pass
+     the bill of the Senator from Massachusetts, but a bill that
+     will be much more efficient to protect the freedman in his
+     rights. We may, if deemed advisable, continue the Freedmen's
+     Bureau, clothe it with additional powers, and if necessary back
+     it up with a military force, to see that the rights of the men
+     made free by the first clause of the constitutional amendment
+     are protected. And, sir, when the constitutional amendment
+     shall have been adopted, if the information from the South be
+     that the men whose liberties are secured by it are deprived of
+     the privilege to go and come when they please, to buy and sell
+     when they please, to make contracts and enforce contracts, I
+     give notice that, if no one else does, I shall introduce a bill
+     and urge its passage through Congress that will secure to those
+     men every one of these rights: they would not be freemen
+     without them. It is idle to say that a man is free who cannot
+     go and come at pleasure, who cannot buy and sell, who cannot
+     enforce his rights. These are rights which the first clause of
+     the constitutional amendment meant to secure to all; and to
+     prevent the very cavil which the Senator from Delaware suggests
+     to-day, that Congress would not have power to secure them, the
+     second section of the amendment was added.
+
+     There were some persons who thought it was unnecessary to add
+     the second clause. It was said by some that wherever a power
+     was conferred upon Congress there was also conferred authority
+     to pass the necessary laws to carry that power into effect,
+     under the general clause in the Constitution of the United
+     States which declares that Congress shall have authority to
+     pass all laws necessary and proper for carrying into execution
+     any of the powers conferred by the Constitution. I think
+     Congress would have had the power, even without the second
+     clause, to pass all laws necessary to give effect to the
+     provision making all persons free; but it was intended to put
+     it beyond cavil and dispute, and that was the object of the
+     second clause, and I cannot conceive how any other construction
+     can be put upon it.
+
+     Now, sir, I trust that this bill may be referred, because I
+     think that a bill of this character should not pass without
+     deliberate consideration and without going to some of the
+     committees of the Senate. But the object which is had in view
+     by this bill I heartily sympathize with, and when the
+     constitutional amendment is adopted I trust we may pass a bill,
+     if the action of the people in the Southern States should make
+     it necessary, that will be much more sweeping and efficient
+     than the bill under consideration. I will not sit down,
+     however, without expressing the hope that no such legislation
+     may be necessary. I trust that the people of the South, who in
+     their state constitutions have declared that slavery shall no
+     more exist among them, will by their own legislation make that
+     provision effective. I trust there may be a feeling among them
+     in harmony with the feeling throughout the country, and which
+     shall not only abolish slavery in name, but in fact, and that
+     the legislation of the slave states in after years may be as
+     effective to elevate, enlighten, and improve the African as it
+     has been in past years to enslave and degrade him.[80]
+
+On the 18th of December the adoption of the anti-slavery amendment was
+officially announced. On the same day the President sent to the Senate
+two reports on the condition of affairs, and the state of opinion, in
+the South,--a very brief one from Lieutenant-General Grant and a much
+longer one from Major-General Carl Schurz. The former was an incidental
+result of a three weeks' tour of inspection for military purposes.
+
+General Grant had spent one day in Raleigh, North Carolina, two days in
+Charleston, South Carolina, and one day each in Savannah and Augusta,
+Georgia. The substance of his report was that he did not think it
+practicable to withdraw the military at present; that the citizens of
+the Southern States were anxious to return to self-government within the
+Union as soon as possible; that they were in earnest in wishing to do
+what they supposed was required of them by the Government and not
+humiliating to them as citizens.
+
+     I am satisfied [he said] that the mass of thinking men of the
+     South accept the present situation of affairs in good faith.
+     The questions which have heretofore divided the sentiment of
+     the people of the two sections--slavery and state rights, or
+     the right of a state to secede from the Union--they regard as
+     having been settled forever by the highest tribunal--arms--that
+     man can resort to. I was pleased to learn from the leading men
+     whom I met that they not only accepted the decision arrived at
+     as final, but, now that the smoke of battle has cleared away
+     and time has been given for reflection, that this decision has
+     been a fortunate one for the whole country, they receiving like
+     benefits from it with those who opposed them in the field and
+     in council.
+
+He alluded to a belief widely spread among the freedmen that the lands
+of their former owners were to be divided, in part at least, among them
+and that this belief was seriously interfering with their willingness to
+make labor contracts for the ensuing year. Then he added:
+
+     In some instances, I am sorry to say, the freedman's mind does
+     not seem to be disabused of the idea that a freedman has the
+     right to live without care or provision for the future. The
+     effect of the belief in the division of lands is idleness and
+     accumulation in camps, towns, and cities. In such cases, I
+     think, it will be found that vice and disease will tend to the
+     extermination or great reduction of the colored race. It cannot
+     be expected that the opinions held by men at the South for
+     years can be changed in a day; and, therefore, the freedmen
+     require for a few years not only laws to protect them, but the
+     fostering care of those who will give them good counsel and on
+     whom they can rely.
+
+General Schurz's investigation had been made at the special request of
+the President. He had spent three months in South Carolina, Georgia,
+Alabama, Mississippi, and Louisiana. The President, when appointing him,
+had said that his own policy of Reconstruction was merely experimental
+and subject to change if it did not lead to satisfactory results. Schurz
+says in his "Reminiscences?"[81] that when he returned to Washington
+from his journey he had much difficulty in procuring an interview with
+the President; that the latter received him coldly and did not ask him
+for the results of his investigation; and that when he (Schurz) said
+that he intended to write a report, the President said that he need not
+take that trouble on his account. Schurz was convinced that the
+President wished to suppress his testimony and he resolved that he
+should not do so. He accordingly wrote the report and sent it in, with
+the accompanying documents, and let his friends in the Senate know that
+he had done so. On the 12th of December the Senate, on Sumner's motion,
+called for the report. The President did not respond immediately. In the
+mean time he had had a conversation with General Grant whose views were
+for the most part in accord with his own, and he asked the latter to
+communicate the information he had gained during his Southern tour in
+order to make it a part of his reply to the Senate Resolution. The reply
+occupies only one page and a half of McPherson's "Reconstruction."
+Schurz's consists of forty-four printed pages of text and fifty-eight
+pages of appendix; Schurz considered this the best paper he had ever
+written on a public matter, and there can be no doubt that it had great
+influence in Congress and on the Republican party. Yet the brief report
+of Grant was the sounder of the two. Indeed, Schurz himself in his later
+years had doubts as to the validity of his own conclusions.[82]
+
+Schurz's conclusions may be summarized thus:
+
+     If nothing were necessary but to restore the machinery of
+     government in the states lately in rebellion in point of form,
+     the movements made to that end by the people of the South might
+     be considered satisfactory. But if it is required that the
+     Southern people should also accommodate themselves to the
+     result of the war in point of spirit, those movements fall far
+     short of what must be insisted upon....
+
+     The emancipation of the slaves is submitted to only in so far
+     as chattel slavery in the old form could not be kept up. But
+     although the freedman is no longer considered the property of
+     the individual master, he is considered the slave of society,
+     and all independent state legislation will share the tendency
+     to make him such. The ordinances abolishing slavery, passed by
+     the conventions under pressure of circumstances, will not be
+     looked upon as barring the establishment of a new form of
+     servitude.
+
+     Practical attempts on the part of the Southern people to
+     deprive the negro of his rights as a freeman may result in
+     bloody collisions, and will certainly plunge Southern society
+     into restless fluctuations and anarchical confusion. Such evils
+     can be prevented only by continuing the control of the National
+     Government in the states lately in rebellion until free labor
+     is fully developed and firmly established, and the advantages
+     and blessings of the new order of things have disclosed
+     themselves. This desirable result will be hastened by a firm
+     declaration, on the part of the Government, that national
+     control in the South will not cease until such results are
+     secured....
+
+     The solution of the problem would be very much facilitated by
+     enabling all the loyal and free-labor elements in the South to
+     exercise a healthy influence upon legislation. It will hardly
+     be possible to secure the freedman against oppressive class
+     legislation and private persecution, unless he be endowed with
+     a certain measure of political power.
+
+It is fitting to notice here a letter written by Hon. J. L. M. Curry, of
+Alabama, to Senator Doolittle and read by him in the Senate on April 6,
+1866.
+
+     I was [said Mr. Curry] a secessionist, for a while a member of
+     the Confederate Congress, and afterward in the army, on the
+     staff of generals, or in command of a regiment. It would be
+     merest affectation to pretend that I was not somewhat prominent
+     as a secessionist.... Having laid the predicate for my
+     competency, I desire to aver, as a gentleman, and a Christian,
+     I hope, that with large personal intercourse with the people
+     and those who are suspected of rebel intentions, I never heard
+     (of course, since the surrender) of any conspiracy or movement
+     or society or purpose, secret or public, present or
+     prospective, to overthrow the United States Government, to
+     resist its authority, to _reenslave the negroes_, or in any
+     manner to disturb the relations that now exist between the
+     Southern States as constituent elements of the Federal
+     Government and that Government, until I read of such intentions
+     recently in Northern newspapers. With perfect certainty as to
+     the truth of my affirmation, I can state that there is not a
+     sane or sober man in Alabama who believes or expects that
+     African slavery will be reestablished. As unalterable facts,
+     the people accept the abolition of slavery, the extinction of
+     the right of secession, and the supremacy of the Federal
+     Government. It is as idle, a thousand times more so, to speak
+     of another contemplated resistance to Federal authority as to
+     anticipate the overthrow of the British Government by the
+     Fenians.[83]
+
+Mr. Curry's words were true, but at the time when they were written the
+weight of testimony available at Washington and in the North generally
+was of a contrary sort, and Mr. Curry counted for no more at the
+national capital than any other disarmed secessionist. At a later period
+he became known to the North as one of the great benefactors of his time
+and country, especially noted for his labors in educating and upbuilding
+both races in the Southern States.[84]
+
+FOOTNOTES:
+
+[79] "For a man who had 'come from the people,' as he was fond of
+saying, and whose heart was always with the poor and distressed, Andrew
+Johnson was one of the neatest men in his dress and person I have ever
+known. During his three years in Nashville, in particular, he dressed in
+black broadcloth frock-coat and waistcoat and black doeskin trousers,
+and wore a silk hat. This had been his attire for thirty years, and for
+most of that time, whether as governor of Tennessee, member of Congress,
+or United States Senator, he had made all of his own clothes." (Benjamin
+C. Truman, Secretary to Andrew Johnson, in _Century Magazine_, January,
+1913.)
+
+[80] _Cong. Globe_, 1865-66, I, 42, 43.
+
+[81] Vol. III, p. 202.
+
+[82] "It gives me some satisfaction now to say that none of those
+statements of fact have ever been effectually controverted. I cannot
+speak with the same assurance of my conclusions and recommendations, for
+they were matters not of knowledge but of judgment. And we stood at that
+time face to face with a situation bristling with problems so
+complicated and puzzling that every proposed solution based upon
+assumptions ever so just, and supported by reasoning apparently ever so
+logical, was liable to turn out in practice apparently more mischievous
+than any other. In a great measure this has actually come to pass.... I
+am far from saying that somebody else might not have performed the task
+much better than I did. But I do think that this report is the best
+paper I have ever written on a public matter. The weakest part of it is
+that referring to negro suffrage--not as if the argument, as far as it
+goes, were wrong, but as it leaves out of consideration several aspects
+of the matter, the great importance of which has since become apparent."
+(_Reminiscences_, III, 204, 209.)
+
+[83] _Cong. Globe_, 1865-66, p. 1808.
+
+[84] See _Biography of J. L. M. Curry_, by Alderman and Gordon, New
+York, 1911.
+
+
+
+
+CHAPTER XVII
+
+THE FREEDMEN'S BUREAU AND CIVIL RIGHTS BILLS
+
+
+On January 5, 1866, Trumbull introduced two measures which engrossed
+public attention during the next three months and enlarged the parting
+of the ways between Congress and the President. These were the
+Freedmen's Bureau Bill and the Civil Rights Bill. The former was a
+measure to continue in force and amend an act of Congress already in
+operation, but which would expire by limitation one year after the end
+of the war, and which had been passed to provide for needy and homeless
+whites, as well as blacks. It embraced also the temporary disposition of
+abandoned lands. Under its operation General Sherman had assigned some
+thousands of acres of abandoned land to freedmen for the purpose of
+giving them employment and enabling them to earn their own living, and
+they were in actual possession. Of course, the title to such lands would
+revert to the former owners, whenever military rule should come to an
+end. The Freedmen's Bureau Bill provided that in places where the
+ordinary course of judicial proceedings had been interrupted by the
+rebellion, and where any of the civil rights enjoyed by white persons
+were denied to other persons by reason of race, color, or previous
+condition of servitude, the latter should be under military protection
+and jurisdiction, which should be exercised by the Commissioner of the
+Freedmen's Bureau under orders of the President of the United States,
+and that any person, who, under color of any state or local law or
+custom, should infringe such rights, should be punished by fine or
+imprisonment or both. The courts authorized to hear and decide such
+cases were to consist of the officers and agents of the Bureau, without
+jury trial and without appeal; but this jurisdiction should not exist in
+any state after it should have been restored to its constitutional
+relations to the Union.
+
+The last-mentioned feature of the bill brought up the question whether
+Congress had power under the Constitution in time of peace to pass laws
+for the ordinary administration of justice in the states. Senator
+Hendricks, of Indiana, had doubts on that point. In a debate on the 19th
+of January, 1866, he said:
+
+     My judgment is that under the second section of the
+     [thirteenth] constitutional amendment we may pass such a law as
+     will secure the freedom declared in the first section, but that
+     we cannot go beyond that limitation.[85]
+
+To this Trumbull replied:
+
+     If the construction put by the Senator from Indiana upon the
+     amendment be the true one, and we have merely taken from the
+     master the power to control the slave and left him at the mercy
+     of the state to be deprived of his civil rights, the trumpet of
+     freedom that we have been blowing throughout the land has given
+     an uncertain sound, and the promised freedom is a delusion.
+     Such was not the intention of Congress, which proposed the
+     Constitutional amendment itself. With the destruction of
+     slavery necessarily follows the destruction of the incidents of
+     slavery. When slavery was abolished slave codes in its support
+     were abolished also.
+
+     Those laws that prevented the colored man going from home, that
+     did not allow him to buy or to sell, or to make contracts; that
+     did not allow him to own property; that did not allow him to
+     enforce rights; that did not allow him to be educated, were all
+     badges of servitude made in the interest of slavery and as a
+     part of slavery. They never would have been thought of or
+     enacted anywhere but for slavery, and when slavery falls they
+     fall also. The policy of the States where slavery has existed
+     has been to legislate in its interest; and out of deference to
+     slavery, which was tolerated by the Constitution of the United
+     States, even some of the non-slaveholding states passed laws
+     abridging the rights of the colored man which were restraints
+     upon liberty. When slavery goes, all this system of
+     legislation, devised in the interest of slavery and for the
+     purpose of degrading the colored race, of keeping the negro in
+     ignorance, of blotting out from his very soul the light of
+     reason, if that were possible, that he might not think, but
+     know only, like the ox, to labor, goes with it.
+
+     Now, when slavery no longer exists, the policy of the
+     Government is to legislate in the interest of freedom. Now, our
+     laws are to be enacted with a view to educate, improve,
+     enlighten, and Christianize the negro; to make him an
+     independent man; to teach him to think and to reason; to
+     improve that principle which the Great Author of all has
+     implanted in every human breast, which is susceptible of the
+     highest cultivation, and destined to go on enlarging and
+     expanding through the endless ages of eternity.
+
+       *       *       *       *       *
+
+     If in order to prevent slavery Congress deem it necessary to
+     declare null and void all laws which will not permit the
+     colored man to contract, which will not permit him to testify,
+     which will not permit him to buy and sell, and to go where he
+     pleases, it has the power to do so, and not only the power, but
+     it becomes its duty to do so. That is what is provided to be
+     done by this bill. Its provisions are temporary; but there is
+     another bill on your table, somewhat akin to this, which is
+     intended to be permanent, to extend to all parts of the
+     country, and to protect persons of all races in equal civil
+     rights.
+
+       *       *       *       *       *
+
+     I hope that the people of the rebellious states themselves will
+     conform to the existing condition of things. I do not expect
+     them to change all their opinions and prejudices. I do not
+     expect them to rejoice that they have been discomfited. But
+     they acknowledge that the war is over; they agree that they can
+     no longer contend in arms against the Government; they say they
+     are willing to submit to its authority; they say in their state
+     conventions that slavery shall no more exist among them. With
+     the abolition of slavery should go all the badges of servitude
+     which have been enacted for its maintenance and support. Let
+     them all be abolished. Let the people of the rebellious states
+     now be as zealous and as active in the passage of laws and the
+     inauguration of measures to elevate, develop, and improve the
+     negro, as they have hitherto been to enslave and degrade him.
+     Let them do justice and deal fairly with loyal Union men in
+     their midst, and henceforth be themselves loyal, and this
+     Congress will not have adjourned till the states whose
+     inhabitants have been engaged in the rebellion will be restored
+     to their former position in the Union, and we shall all be
+     moving on in harmony together.[86]
+
+In short, Trumbull held that it was for Congress to decide what rights
+might be established and enforced by federal law, in addition to that of
+emancipation. That this was to be a troublesome question was shown a
+little later by a colloquy between Trumbull and Henderson. The latter
+was of the opinion that the only sure way to protect the freedmen was to
+give them the right to vote. Trumbull thought that, for the present
+purpose of providing them with food, clothing, and shelter, Dr.
+Townsend's Sarsaparilla or any other patent medicine, would be as
+effectual as the right of suffrage.[87] Sumner, a little later, thought
+that the right to serve on juries and to hold office was among the
+essential securities of freedom, and Thaddeus Stevens thought that
+land-ownership also was necessary. What could be done under the second
+clause of the Thirteenth Amendment was the question, either expressed or
+implied, underlying the whole controversy on Reconstruction during the
+next ten years.
+
+It was commonly believed that the President would approve the Freedmen's
+Bureau Bill; hence, when a veto message came, on the 19th of February,
+it was received with consternation by the Republicans in Congress. He
+held that the bill was both unconstitutional and inexpedient. It had
+been passed in the Senate by yeas 37, nays 10, every Republican voting
+for it and every Democrat against it. There were three absentees when
+the vote was taken: Cowan and Willey, Republicans, and Nesmith,
+Democrat. There was ample margin here for passing the bill over the
+veto, if the Republicans could hold together, but when the second vote
+was taken, February 20, the yeas were 30, and the nays 18, not two
+thirds. So the bill failed. Eight Republicans, Cowan, Dixon, Doolittle,
+Morgan, Norton, Stewart, Van Winkle, and Willey, had sided with the
+President. There were two absentees: Foot (Rep.), of Vermont, and Wright
+(Dem.), of New Jersey, both sick.
+
+The question of negro suffrage had not yet become acute in public
+discussions. The state of public opinion in the North was fairly set
+forth by Dr. C. H. Ray in a private letter to Trumbull dated Chicago,
+February 7, thus:
+
+     If he [Johnson] will agree to your bill giving the freedmen the
+     civil rights that the whites enjoy, and if he halts at that,
+     and war is made on him because he will not go to the extent of
+     negro suffrage, he will beat all who assail him. The party may
+     be split, the Government may go out of Republican hands; but
+     Andy Johnson will be cock-of-the-walk. The people, so far as I
+     understand, are of the opinion that the war for the Union is
+     over.... And as for the negro, they think that when he has the
+     rights which your bill will give him, he must be contented to
+     look upon the elective franchise as a something to be earned by
+     giving evidence of his fitness therefor.
+
+The excitement caused by the veto of the Freedmen's Bureau Bill was
+still further intensified by a struggle on a side issue, in which
+Trumbull took the leading part, and which involved the seat of the
+Democratic Senator Stockton, of New Jersey. He had been chosen by the
+Legislature of his state in joint meeting on March 15, 1865. The
+Democrats had a majority of five in the legislature, but had been
+unable, at first, to agree upon a candidate. Accordingly, the joint
+meeting, by a vote of 41 to 40, adopted a rule that any person receiving
+a plurality of the votes cast for Senator should be declared elected. In
+pursuance of this rule, a vote was taken by roll-call and John P.
+Stockton received 40 votes, John C. Ten Eyck received 37 votes, and
+there were 4 scattering, the total number being 81. Stockton was
+accordingly declared elected without objection, and the joint meeting
+adjourned _sine die_.
+
+When Congress assembled in December, Stockton's certificate of election,
+in due form, was presented and he was sworn in. A protest, however, had
+been signed by all the Republican members of the New Jersey legislature
+and this was presented by Senator Cowan by request. It affirmed that
+Stockton had not received the votes of a majority of the members, as
+required by a law of the state. The protest and credentials were
+referred to the Committee on the Judiciary, which consisted of five
+Republicans (Trumbull, Harris, Clark, Poland, and Stewart) and one
+Democrat (Hendricks).
+
+Trumbull, in behalf of the committee, reported that Stockton was duly
+elected and entitled to the seat. All the members concurred except
+Clark, of New Hampshire. Regarding the law of the state, which required
+a majority to elect, the report said that the state constitution
+denominated and recognized the two houses, either in joint session, or
+separately, as "The Legislature"; that the legislature, in either
+capacity, had the right to make its own rules; and that since a majority
+had voted for the plurality rule the subsequent action taken in
+pursuance of it was the act of the majority. There was room for an
+honest difference of opinion, since the enactment of a law required
+action by the two houses separately and a submission of the same to the
+governor. On this point, however, Trumbull quoted from "Story on the
+Constitution" to the effect that, since the governor had nothing to do
+with the choice of Senators, he was eliminated from consideration in any
+and all steps leading thereto.
+
+It happened at this time that one Republican Senator, Foot, of Vermont,
+and one Democrat, Wright, of New Jersey, were absent by reason of
+serious illness. Wright had gone to his home in Newark for treatment,
+but, before going, had paired with Morrill, of Maine, on the question of
+his colleague's contested election. When the debate was drawing to a
+close, severe pressure was put upon Morrill by his radical friends in
+the Senate to declare his pair off, and to vote against Stockton. When
+the vote was taken, on concurring in the report of the Judiciary
+Committee, the yeas were 21 and the nays 20. Stockton himself had not
+voted. Twelve of the affirmative votes were Republicans. Before the
+result was announced, Senator Morrill, who had withheld his vote, asked
+the Secretary to call his name, and then voted in the negative, making a
+tie. Then Senator Stockton said that Morrill had been paired with his
+colleague on this question, and that Wright had told him before he went
+away that he would not go home at all without first obtaining a pair on
+this question. Under such circumstances he (Stockton) felt at liberty to
+vote in his own behalf. So he directed the Secretary to call his name
+and he voted in the affirmative. Morrill admitted that the pair had been
+made, but said that when it was made he had not contemplated that it
+would run so long (seven weeks), and that he therefore felt at liberty
+to vote. He added, with apparent satisfaction, that his vote did not
+change the result. This was true, but Stockton's vote did change it to
+his own disadvantage.
+
+The result was announced; yeas 22, nays 21. If Stockton had not voted,
+the result would have been a tie, and he would have held his seat. His
+opponents had exhausted their resources and there was no parliamentary
+way of trying the case over again. By casting a vote in his own case he
+gave them a weapon with which to renew the fight.
+
+When the Senate reassembled, Sumner moved that the journal be corrected
+by striking out Stockton's name from the vote last taken, on the ground
+that he had no right to vote in his own case. The subject was thus
+brought up again, and the result was a reconsideration of the vote of
+the previous day. Trumbull concurred in the view that the question
+before the Senate was judicial in its nature and that, therefore,
+Stockton could not vote when his own seat was in question.
+
+On the last day of the debate a telegram was received from Senator
+Wright requesting a postponement of the vote till the following day,
+saying that he would then be in his seat or would not ask further delay.
+His request was supported by Reverdy Johnson in a pathetic appeal to the
+fraternal feeling and gentlemanly instincts of Senators; but Clark, who
+led the opposition, objected strenuously to any postponement, although
+two postponements had been previously granted on account of his own
+illness.
+
+On the motion to postpone till the following day the vote was, yeas 21,
+nays 22. Senator Dixon, a Republican supporter of Stockton, had fallen
+sick and was absent. Senator Stewart, another Republican supporter, was
+absent when the vote was taken, although he had been in the Senate
+Chamber earlier in the day; he had dodged. All the members of the
+Judiciary Committee, who had signed the original report in favor of
+Stockton, voted for him to the last, except Stewart. If he and Dixon had
+been present, the final vote would have been postponed, and in all
+probability Stockton would have retained his seat, although Morgan, of
+New York, who had voted for postponement, changed on the very last vote,
+which was against Stockton, 20 to 23.
+
+An impartial reader of the whole debate, in the calm atmosphere of the
+present day, will be apt to conclude that partisan zeal rather than
+judicial fairness was the deciding factor in Stockton's case, and that
+the heat developed in the contest was due to a desire on the part of the
+majority to gain a two-thirds vote in order to overcome the President's
+vetoes.
+
+       *       *       *       *       *
+
+Consideration of the Civil Rights Bill began on the 29th of January, on
+an amendment proposed by Trumbull which provided that all persons of
+African descent born in the United States should be citizens thereof,
+and there should be no discrimination in civil rights or immunities
+among the inhabitants of any state or territory on account of race,
+color, or previous condition of slavery. The question was not merely
+whether this provision was just, but whether Congress had power under
+the Constitution to pass laws for the ordinary administration of justice
+in the states. On this point Trumbull said:
+
+     Under the constitutional amendment which we have now adopted,
+     and which declares that slavery shall no longer exist, and
+     which authorizes Congress by appropriate legislation to carry
+     this provision into effect, I hold that we have a right to pass
+     any law which, in our judgment, is deemed appropriate, and
+     which will accomplish the end in view, secure freedom to all
+     people in the United States. The various state laws to which I
+     have referred,--and there are many others,--although they do
+     not make a man an absolute slave, yet deprive him of the rights
+     of a freeman; and it is perhaps difficult to draw the precise
+     line, to say where freedom ceases and slavery begins, but a law
+     that does not allow a colored person to go from one county to
+     another is certainly a law in derogation of the rights of a
+     freeman. A law that does not allow a colored person to hold
+     property, does not allow him to teach, does not allow him to
+     preach, is certainly a law in violation of the rights of a
+     freeman, and being so may properly be declared void.
+
+     Without going elaborately into this question, as my design was
+     to state rather than to argue the grounds upon which I place
+     this bill, I will only add on this branch of the subject that
+     the clause of the Constitution, under which we are called to
+     act, in my judgment vests Congress with the discretion of
+     selecting that "appropriate legislation" which it is believed
+     will best accomplish the end and prevent slavery.
+
+     Then, sir, the only question is, will this bill be effective to
+     accomplish the object, for the first section will amount to
+     nothing more than the declaration in the Constitution itself
+     unless we have the machinery to carry it into effect. A law is
+     good for nothing without a penalty, without a sanction to it,
+     and that is to be found in the other sections of the bill. The
+     second section provides:
+
+     "That any person, who under color of any law, statute,
+     ordinance, regulation, or custom, shall subject or cause to be
+     subjected any inhabitant of any state or territory to the
+     deprivation of any right secured or protected by this act, or
+     to different punishment, pains, or penalties on account of such
+     person having at any time been held in a condition of slavery
+     or involuntary servitude, except as a punishment for crime
+     whereof the party shall have been duly convicted, or by reason
+     of his color or race, than is prescribed for the punishment of
+     white persons, shall be deemed guilty of a misdemeanor, and on
+     conviction shall be punished by fine not exceeding $1000, or
+     imprisonment not exceeding one year, or both, in the discretion
+     of the court."
+
+     This is the valuable section of the bill so far as protecting
+     the rights of freedmen is concerned. That they are entitled to
+     be free we know. Being entitled to be free under the
+     Constitution, that we have a right to enact such legislation as
+     will make them free, we believe; and that can only be done by
+     punishing those who undertake to deny them their freedom. When
+     it comes to be understood in all parts of the United States
+     that any person who shall deprive another of any right, or
+     subject him to any punishment in consequence of his color or
+     race, will expose himself to fine and imprisonment, I think all
+     such acts will soon cease.[88]
+
+Senator Saulsbury, of Delaware, contended that the Thirteenth Amendment
+of the Constitution had given no power to Congress to confer upon free
+negroes rights and privileges which had not been conceded to them by the
+states where they resided. He said that in Maryland about one half of
+the colored population were free before the Thirteenth Amendment was
+adopted, that in Delaware the free negroes largely outnumbered the
+slaves, and that in Kentucky the free negroes were a large part of the
+population. All that the Thirteenth Amendment did was to put the slave
+population on the same footing on which the free negroes already stood.
+Congress had no power to legislate on the status of free negroes in the
+several states before the Civil War. But the powers of Congress in this
+respect had not been enlarged by anything in the Thirteenth Amendment.
+That amendment had merely said that the condition of slavery--the
+condition in which one man belongs to another, which gives that other a
+right to appropriate the profits of his labor to his own use and to
+control his person--should no longer exist. Those who voted for the
+amendment might have contemplated a larger exercise of power by Congress
+than mere emancipation, but they did not avow it on the floor of the
+Senate when the measure was pending. He continued:
+
+     The honorable Senator from Illinois has avowed that he does not
+     propose by this bill to confer any political power. I have no
+     doubt the Senator is perfectly honest in that declaration, and
+     that he personally does not mean to give any political power,
+     for instance, the right of voting, not only to the freedmen,
+     but to the whole race of negroes; but the intention of the
+     Senator in framing this bill will not govern its construction,
+     and I have not the least doubt that, should it be enacted and
+     become a law, it will receive very generally, if not
+     universally, the construction that it does confer a right of
+     voting in the states; and why do I say so? Says the Senator,
+     "It confers no political power; I do not mean that." The
+     question is not what the Senator means, but what is the
+     legitimate meaning and import of the terms employed in the
+     bill. Its words are, "That there shall be no discrimination in
+     civil rights or immunities." What are civil rights? What are
+     the rights which you, I, or any citizen of this country enjoy?
+     What is the basis, the foundation of them all? They are
+     divisible into two classes; one, those rights which we derive
+     from nature, and the other those rights which we derive from
+     government. I will admit that you may divide and subdivide the
+     rights which you derive from government into different
+     classifications; you may call some, for the sake of convenience
+     and more definiteness of meaning, political; you may call
+     others civil.
+
+       *       *       *       *       *
+
+     What is property? It has been judicially decided that the
+     elective franchise is property. Leaving out the question of
+     voting, however, as a question of property, is it not true
+     that, under our republican form and system of government, the
+     ballot is one of the means by which property is secured? Your
+     bill gives to these persons every security for the protection
+     of person and property which a white man has. What is one means
+     and a very important means of securing the rights of person and
+     property? It is a voice in the Government which makes the laws
+     regulating and governing the right of property. Under our
+     system of government--mark you, I do not say that it is so
+     under all governments--one of the strongest and most efficient
+     means for the security of person and property is a
+     participation in the selection of those who make the laws. It
+     was therefore that I thought that the honorable Senator when he
+     framed this bill meant to give to these persons the right of
+     voting; and I should still think so but for his personal
+     disclaimer of any such object.
+
+Senator Van Winkle (Unionist), of West Virginia, contended that negroes
+were not citizens of the United States and could not be made such by act
+of Congress, or by anything short of constitutional amendment. He was
+opposed to the introduction of inferior races into the ranks of
+citizenship, but if the Constitution should be changed in the mode
+provided for its amendment so as to introduce negroes, Indians, Chinese,
+and other alien races to citizenship, he would endeavor to do his whole
+duty toward them by recognizing them as citizens in every respect.
+
+Senator Cowan held that the second clause of the Thirteenth Amendment of
+the Constitution was limited to the breaking of the bond by which the
+negro slave was held by his master. It was not intended to revolutionize
+all the laws of the various states. The bill under consideration would
+not only repeal statutes of Pennsylvania, but would subject the judges
+of her courts to criminal prosecution, for enforcing her own laws. He
+(Cowan) was willing to vote for an amendment of the Constitution giving
+Congress the power to secure to all men of every race, color, and
+condition their natural rights to life, liberty, and property, but the
+bill under consideration was an attempt to do, without any power, that
+which it was very questionable whether we ought to do, even if we had
+the power. Cowan concluded by arguing that Congress ought not to enact
+laws affecting the Southern States so radically, when they were not
+represented in Congress.
+
+Senator Howard, of Michigan, supported the bill in a speech of great
+force from the humanitarian point of view, but did not dwell upon the
+constitutional question, except to affirm that he, as a member of the
+Judiciary Committee which had reported the Thirteenth Amendment, had
+intended, by the second clause thereof, to empower Congress to enact
+such measures as the pending Civil Rights Bill.
+
+Garrett Davis, of Kentucky, contended that negroes could not be made
+citizens of the United States under the power granted to Congress to
+pass naturalization laws, since naturalization applied only to
+foreigners. Negroes born in this country were not foreigners.
+
+Trumbull replied that free negroes were citizens under the fourth
+article of the Confederation, prior to the adoption of the Constitution
+and that an attempt to exclude them from citizenship on the 25th of
+June, 1778, received only two votes in the Congress of the
+Confederation. He quoted a decision of Judge Gaston, of North Carolina,
+that free negroes born in that state were citizens of the state and that
+slaves manumitted there became citizens by the fact of manumission.
+
+Reverdy Johnson held that it was as competent for Congress to strike out
+the word "white" from our naturalization law as it had been for a former
+Congress to insert that word. In that case a negro migrating from Africa
+to the United States might be made a citizen exactly like an immigrant
+from Europe.
+
+Garrett Davis denied this, saying:
+
+     This is a government and a political organization by white
+     people. It is a principle of that Government and that
+     organization, before and below the Constitution, that nobody
+     but white people are or can be parties to it.
+
+The colloquy between Senators Johnson and Davis continued until the
+latter affirmed that the making of negroes citizens by any process
+whatsoever was "revolutionary," as destructive to our Government as
+would be a bill establishing a monarchy, or declaring that the President
+should hold office for life.[89]
+
+The debate continued till February 2, Senators Guthrie, Hendricks, and
+Cowan opposing the bill and Trumbull, Fessenden, and Wilson supporting
+it. The vote was then taken and resulted, yeas 33, nays 12, absent 5. It
+went to the House, where it encountered unexpected opposition from
+Bingham, of Ohio, a radical Republican, who said:
+
+     Now what does this bill propose? To reform the whole civil and
+     criminal code of every State Government by declaring that there
+     shall be no discrimination between citizens on account of race
+     or color in civil rights, or in the penalties prescribed by
+     their laws. I humbly bow before the majesty of justice, as I
+     bow before the majesty of that God whose attribute it is, and
+     therefore declare that there should be no such inequality or
+     discrimination even in the penalties for crime, but what power
+     have you to correct it? That is the question. You further say
+     that in the courts of justice of the several states there
+     shall, as to the qualifications of witnesses, be no
+     discrimination on account of race or color. I agree that as to
+     persons who appreciate the obligation of an oath--and no others
+     should be permitted to testify--there should be no such
+     discrimination. But whence do you derive power to cure it by
+     congressional enactment? There should be no discrimination
+     among citizens of the United States, in the several states, of
+     like sex, age, and condition, in regard to the franchises of
+     office. But such a discrimination does exist in nearly every
+     state. How do you propose to cure all this? By a congressional
+     enactment? How? Not by saying in so many words (which would be
+     the bold and direct way of meeting this issue) that every
+     discrimination of this kind, whether existing in state
+     constitution or state law, is hereby abolished. You propose to
+     make it a penal offence for the judges of the states to obey
+     the constitution and laws of their states, and for their
+     obedience thereto to punish them by fine and imprisonment as
+     felons. I deny your power to do this. You cannot make an
+     official act done under color of law and without criminal
+     intent and from a sense of duty, a crime.[90]
+
+The only Republican member of the House, from the non-slaveholding
+states, who sided with Bingham, was Raymond, of New York. The House
+passed the bill by yeas 111, nays 38.
+
+On the 27th of March, the President returned the bill to the Senate
+without his approval. He vetoed it on grounds of inexpediency and
+unconstitutionality. His arguments were substantially the same as those
+of Senators Saulsbury and Cowan.
+
+Trumbull replied to the veto message in a speech of great power which
+occupies five pages of the _Congressional Globe_. He took up and
+answered the President's objections _seriatim_. These details need not
+now be repeated. There was one of a personal character, however, which
+calls for notice. He said that he had endeavored to meet the President's
+wishes in the preparation of both the bills, and had called upon him
+twice and had given him copies of them before they were introduced and
+asked his cooeperation in order to make them satisfactory. In short, he
+had done everything possible to avoid a conflict between the executive
+and legislative branches of the Government, and since he had been
+assured that the President's aims, like his own, were in the direction
+of peace and concord, he was amazed when they were vetoed. At the
+conclusion of his speech he referred briefly to the constitutional
+objection to the bill saying:
+
+     If the bill now before us, which goes no further than to secure
+     civil rights to the freedmen, cannot be passed, then the
+     constitutional amendment proclaiming freedom to all the
+     inhabitants of the land is a cheat and a delusion.
+
+The floor and galleries of the Senate Chamber were crowded during the
+delivery of the speech and the roll-call followed immediately,
+resulting: yeas 33, nays 15, more than two thirds. The closing scene was
+thus described in a Washington letter to the _Nation_, April 12:
+
+     After three days of extremely ardent debate signalized by a
+     speech of singular cogency and power from Senator Trumbull, the
+     father of the bill, the vote was reached about 7 o'clock on
+     Friday evening. When the end of the roll was reached and
+     Vice-President Foster announced the result, nearly the whole
+     Senate and auditory were carried off their feet and joined in a
+     tumultuous outburst of cheering such as was never heard within
+     those walls before.
+
+The veto of the Civil Rights Bill and the struggle over its passage the
+second time precipitated the exciting contest at the polls in the autumn
+of 1866. In that campaign Trumbull held the foremost position in the
+Republican column. Whether it was possible to avoid the conflict we
+cannot now say. It was most desirable that the party in power should
+march all one way, and hence that the President should respond to the
+friendly overtures of the leaders in Congress. When he found that he
+could not approve the two bills that the Senator had placed in his hands
+for examination, he ought to have sent for him and pointed out his
+objections and at all events expressed regret that he could not concur
+with him in the particulars where they disagreed. Then there might have
+been mutual concessions leading to harmony. In any event, there would
+have been no sting left behind, no hard feeling, no sense of injury, and
+perhaps no rupture in the party. That was not Johnson's way. He lacked
+_savoir faire_. He was combative by nature. He not only made personal
+enemies unnecessarily, but he alienated thousands who wished to be his
+friends.[91] "Many persons," says a not unfriendly critic, "whose
+feelings were proof against the appeals made on behalf of the freedmen
+and loyalists were carried over to the side of Congress by sheer
+disgust at Johnson's performances. The alienation, by the President, of
+this essentially thoughtful and conservative element of the Northern
+voters was as disastrous and inexcusable as the alienation of those
+moderate men in Congress whom he had repelled by his narrow and
+obstinate policy in regard to the Freedmen's Bureau and Civil Rights
+Bills. It was again demonstrated that Andrew Johnson was not a statesman
+of national size in such a crisis as existed in 1866."[92]
+
+On the other hand, it must be admitted that Johnson was within his
+constitutional right in vetoing the bills without previously consulting
+anybody in Congress.
+
+The Civil Rights Act came before the Circuit Court of the United States
+twice, soon after it was enacted, and in both instances was held to be
+constitutional. The circuit courts were then presided over by Justices
+of the Supreme Court. In the case of United States _v._ Rhodes, Seventh
+Circuit, District of Kentucky, 1866, before Justice Swayne, the act was
+pronounced constitutional in all its provisions, and held to be an
+appropriate method of exercising the power conferred on Congress by the
+Thirteenth Amendment.
+
+The other case was the Matter of Turner, Fourth Circuit, Maryland,
+October Term, 1867, before Chief Justice Chase. This case was submitted
+to the court without argument. The Chief Justice expressed regret that
+it was not accompanied by arguments of counsel, but he decided that the
+act was constitutional and that it applied to all conditions prohibited
+by it, whether originating in transactions before, or since, its
+enactment.[93]
+
+If either of these cases had been taken to the Supreme Court on appeal,
+at that time, the Civil Rights Act of 1866 would doubtless have been
+upheld by that body; yet in October, 1882, the court held by unanimous
+vote that none of the latest amendments of the Constitution (the
+Thirteenth, Fourteenth, and Fifteenth) did more than put prohibition on
+the action of the states. No state should have slavery; no state should
+make any law to abridge the privileges and immunities of citizens of the
+United States; no state should deny the right of voting by reason of
+race, color, or previous condition of servitude. The power of Congress
+to go into the states to enforce the criminal law against individuals
+had not been granted in any of these amendments. It could not be
+affirmed that the second section of the Thirteenth Amendment gave power
+to Congress to legislate for the states as to other matters than actual
+slavery. But the Civil Rights Act applied to all the states--to those
+where slavery had never existed as well as to those where it had been
+recently abolished.[94]
+
+The act which the court in October, 1882, pronounced unconstitutional
+was the Anti-Ku-Klux Act of 1871. Trumbull himself spoke and voted
+against that act believing it to be unconstitutional, as we shall see
+later. He drew the line somewhere between the two acts. The judges
+participating in the decision in the Harris case were Chief Justice
+Waite and Associate Justices Miller, Bradley, Woods, Gray, Field,
+Harlan, Matthews, and Blatchford.
+
+One year later the court held that the Equal Rights Act of March 1,
+1875, which gave to all persons full and equal enjoyment of
+accommodations and privileges of inns, public conveyances, theatres, and
+other places of public amusement, common schools and public
+institutions of learning or benevolence supported in whole or in part by
+general taxation, was unconstitutional. The Supreme Court still
+consisted of the Justices above named.[95] It held that the Thirteenth
+Amendment of the Constitution related only to slavery and its incidents
+and that the Fourteenth Amendment was merely prohibitory on the states;
+that is, that it did not confer additional powers upon Congress, but
+merely forbade discriminating acts on the part of the states. The
+opinion of the court was delivered by Justice Bradley. The only
+dissenting opinion was given by Justice Harlan, of Kentucky, who held
+that the Thirteenth Amendment of the Constitution was not restricted to
+the prohibition of slavery, but that it conferred upon Congress the
+power to make freedom effectual to the former victims of slavery. He
+said:
+
+     The Thirteenth Amendment, it is conceded, did something more
+     than to prohibit slavery as an institution resting upon
+     distinctions of race and upheld by positive law. My brethren
+     admit that it established and decreed universal civil freedom
+     throughout the United States. But did the freedom thus
+     established involve nothing more than the exemption from actual
+     slavery? Was nothing more intended than to forbid one man from
+     owning another as property? Was it the purpose of the nation
+     simply to destroy the institution and then remit the race,
+     theretofore held in bondage, to the several states for such
+     protection in their civil rights, necessarily growing out of
+     freedom, as those states in their discretion might choose to
+     provide? Were the states, against whose protest the institution
+     was destroyed, to be left free, so far as national interference
+     was concerned, to make or allow discriminations against that
+     race, as such, in the enjoyment of those fundamental rights
+     which by universal concession inhere in a state of freedom? Had
+     the Thirteenth Amendment stopped with the sweeping declaration
+     in its first section against the existence of slavery and
+     involuntary servitude, except for crime, Congress would have
+     had the power by implication, according to the doctrines of
+     Prigg _v._ Commonwealth of Pennsylvania, repeated in Strauder
+     _v._ West Virginia, to protect the freedom established and
+     consequently to secure the enjoyment of such civil rights as
+     were fundamental in freedom. That it can exert its authority to
+     that extent is made clear, and was intended to be made clear,
+     by the express grant of such power contained in the second
+     section of the Amendment.
+
+The question whether the Civil Rights Act of 1866 was or was not
+constitutional never came squarely before the Supreme Court on a test
+case, but, as we have seen, other acts analogous to it did come before
+that tribunal in such a way that the authority of the court must be
+construed as adverse to it. My own thought is that the dissenting
+opinion of Mr. Justice Harlan above quoted is worth more than all the
+other literature on this subject that the books contain.
+
+The autumn elections of 1866 returned a larger majority in Congress
+against President Johnson than had been there before. The result in
+Illinois was the reelection of Trumbull as Senator by the unanimous vote
+of the Republican legislative caucus, although there were three
+major-generals of the victorious Union army (Palmer, Oglesby, and Logan)
+competing for that position, all of whom reached it later.
+
+Trumbull sustained Johnson until the latter vetoed the Civil Rights
+Bill. He believed that the freedom of the emancipated blacks was put in
+peril by this action of the President, and he gave all of his energies
+to the task of passing the bill over the veto and sustaining it before
+the people. In this he was successful, but the avalanche of public
+opinion thus started did not stop with the defeat of Johnson in the
+election of 1866. It carried the control of the Union party out of the
+hands of the conservatives and gave the reins of leadership to Sumner,
+Stevens, and the radical wing. Trumbull followed this lead till the
+impeachment of Johnson took place, when he halted and saved Johnson at
+the expense of his own popularity, and he never regretted that he had
+done so.
+
+A distant echo of the Civil Rights controversy reached the Illinois
+Senator from the state of Georgia, where he had been a school-teacher
+thirty years earlier. The correspondence is introduced here as a
+corrective, in some part, of the erroneous opinion that Trumbull was a
+man of cold and unfeeling nature:
+
+    MORGAN [Ga.], May 17th [1866].
+
+    HON. LYMAN TRUMBULL:
+
+     DEAR SIR: Truth seems strange, but, stranger still appears the
+     fact, that after a lapse of thirty years, I should offer you a
+     feeble acknowledgment of the gratitude, and high respect I have
+     ever cherished for you. It was my good fortune to enjoy, in
+     Greenville, for nearly three years, the advantage of your
+     profound teachings; and, in later life, when adverse
+     circumstances compel me to impart those lessons, and the
+     hallowed influence of that instruction, to others, I award to
+     you the full meed of praise. You cannot imagine the
+     satisfaction I experience, when my eye turns to the many
+     eloquent addresses you deliver before Congress; but as there
+     lurks beneath the most beautiful rose, thorns that inflict deep
+     wounds, so your avowed animosity to us casts a gloom over those
+     delightful emotions. Is there no delightful thrill of
+     association still lingering in your bosom, when memory reverts
+     to your sojourn among us? Is there no period in that long
+     space, around which fond retrospection can joyfully flutter her
+     wings, and crush out the large drops of gall that have been
+     distilled into your cup? I think you, and you alone, have the
+     power and influence to arrest the mighty tide that threatens to
+     overwhelm us. Can you not forget our past delinquencies, to
+     which, I confess, we have been too prone, and remember only the
+     little good you discovered? I often make special inquiries
+     after you, and was much interested in an account given by an
+     old Southern member. As I had still in my mind's eye your tall
+     and erect form, my surprise was great, indeed, to be told that
+     your form was not so straight, and that you used spectacles. I
+     have failed in the proper place to mention my name, "Fannie
+     Lowe," the most mischievous girl of the school. I married a
+     gentleman from Mobile, who lived eight years after the union.
+     He fell a victim to cholera, fourteen years since, during its
+     prevalence in New Orleans. It was my great misfortune to lose
+     my daughter, just as the flower began to expand and promise
+     hope and comfort for my old age. In conclusion, I will be
+     delighted to hear from you, and by all means send me your
+     photograph. My kindest regards to your dear ones, and accept
+     the warmest wishes of
+
+    MRS. F. C. GARY.
+
+    MORGAN, CALHOUN CY., GEORGIA.
+
+    UNITED STATES SENATE CHAMBER,
+    WASHINGTON, June 27, 1866.
+
+     MY DEAR MRS. GARY: I was truly grateful to receive yours of the
+     17th ult., and to know that after the lapse of thirty years I
+     was not forgotten by those who were my pupils. I remember many
+     of them well, and for all have ever cherished the kindest of
+     feelings and the best of wishes. It pains me, however, to think
+     that you and probably most of those about you, including those
+     once my scholars, should so misunderstand me and Northern
+     sentiments generally. How can you, my dear child,--excuse the
+     expression, for it is only as a school-girl I remember Fannie
+     Lowe,--how can you, I repeat, accuse me of entertaining
+     feelings of "animosity" and of the bitterness of "gall" towards
+     you or the South?... Towards the great mass of those engaged in
+     the rebellion the North feels no animosity. We believe they
+     were induced to take up arms against the Government from
+     mistaken views of Northern sentiment brought about by ambitious
+     and wicked leaders, and those political leaders we do want, at
+     least, to exclude from political power, if nothing more, till
+     loyal men are protected and loyalty is respected in the
+     rebellious districts. It is in the power of the Southern people
+     to have reconstruction at once, and the restoration of civil
+     government, complete, if they will only put their state
+     organizations in loyal hands, elect none but loyal men to
+     office, and see that those who were true to the Union, during
+     the war, of all classes, are protected in their rights. I ask
+     you, in all candor, till the disloyal of the South are willing
+     to do this, ought they to complain if they are subjected to
+     military control? I enclose you, as requested, a couple of
+     photographs, which you will hardly recognize as of the young
+     man whom you knew thirty years ago. The one without a beard was
+     taken three or four years since; the other, this year. My
+     family consists of a wife and three boys, the eldest twenty
+     years of age.
+
+     Please remember me to any who once knew me at Greenville, for
+     all of whom I cherish a pleasant remembrance; and believe me
+     your sincere friend,
+
+    LYMAN TRUMBULL.
+
+FOOTNOTES:
+
+[85] _Cong. Globe_, 1866, p. 319.
+
+[86] _Cong. Globe_, 1866, p. 322.
+
+[87] _Cong. Globe_, 1866, pp. 745-46.
+
+[88] _Cong. Globe_, 1866, p. 475.
+
+[89] _Cong. Globe_, 1866, p. 530.
+
+[90] _Cong. Globe_, 1866, p. 1293.
+
+[91] "Doolittle tells me he wrote the President a letter on the morning
+of the 22d of February, knowing there was to be a gathering which would
+call at the White House, entreating him not to address the crowd. But,
+said D., he did speak and his speech lost him two hundred thousand
+votes." (_Diary of Gideon Welles_, II, 647.)
+
+[92] W. A. Dunning, _Reconstruction_, p. 82.
+
+[93] Both of these cases are reported in the first volume of Abbott's
+Circuit Court Reports.
+
+[94] United States _v._ Harris, 106 U.S. 629.
+
+[95] Civil Rights Cases, 109 U.S. 3.
+
+
+
+
+CHAPTER XVIII
+
+THE FOURTEENTH AMENDMENT
+
+
+While the events in the preceding chapter were transpiring, a joint
+committee on Reconstruction were making an inquiry into the condition of
+the ex-Confederate States in order to determine whether they or any of
+them were entitled to immediate representation in Congress. It consisted
+of Senators Fessenden, Grimes, Harris, Howard, Williams, and Johnson,
+and Representatives Stevens, Washburne, of Illinois, Morrill, of
+Vermont, Bingham, Conkling, Boutwell, Blow, Rogers, and Grider. Senator
+Reverdy Johnson and Representatives Rogers and Grider were Democrats.
+All the others were Republicans. There was a preponderance of
+conservatives on the committee. Senator Fessenden was the chairman, and
+his selection for the place marked him as _princeps senatus_ in the
+estimation of his colleagues.
+
+While the Civil Rights Bill was pending in the House, we have seen that
+Bingham, of Ohio, made a speech against it and voted against it, holding
+it to be unconstitutional. He had supported the Freedmen's Bureau Bill
+because it applied only to states in the inchoate condition which then
+existed. It was to be inoperative in any state, when restored to its
+constitutional relations with the Union. The Civil Rights Bill, on the
+other hand, was to apply to the whole country, North and South, without
+limit as to time, and to affect the civil and criminal code of every
+State Government. He held that there was no constitutional warrant for
+this, either in the Thirteenth Amendment or elsewhere. In order to cure
+the supposed defect, Bingham proposed to the Reconstruction Committee a
+new constitutional amendment in these words:
+
+     The Congress shall have power to make all laws which shall be
+     necessary and proper to secure to the citizens of each state
+     all privileges and immunities of citizens in the several
+     states, and to all persons in the several states equal
+     protection in the rights of life, liberty, and property.
+
+This was agreed to by the committee, but before it was reported to the
+House, Stevens presented a series of amendments consisting of five
+sections which had been prepared by Robert Dale Owen, a distinguished
+publicist, who was not a member of the Congress. This series had met
+Stevens's approval, and after some delay and some changes it was adopted
+by the committee. Bingham then withdrew his own proposed amendment and
+offered the following in place of it, which was adopted as section one:
+
+     No state shall make or enforce any law which shall abridge the
+     privileges and immunities of citizens of the United States, nor
+     shall any state deprive any person of life, liberty, or
+     property without due process of law, nor deny to any person
+     within its jurisdiction the equal protection of the laws.
+
+The difference between this provision and the first one proposed by
+Bingham was the whole difference between giving Congress power to pass
+laws for the administration of justice in the states and merely
+prohibiting the states from making discriminations between citizens.
+There was no definition of citizenship in the amendment as reported by
+the joint committee. Apparently they relied upon the Civil Rights Act,
+which had been passed over the President's veto, to supply that
+definition, but shortly before the final vote was taken in the Senate,
+Howard, who had charge of the measure in the temporary illness of
+Fessenden, proposed the following words to be placed at the beginning of
+the first section.
+
+     All persons born or naturalized in the United States, and
+     subject to the jurisdiction thereof, are citizens of the United
+     States and of the state wherein they reside.
+
+The reason for adopting this clause was to validate the corresponding
+part of the Civil Rights Act and put it beyond repeal, in the event that
+the Republicans should at some future time lose control of Congress.
+
+In addition to the first section, as shown above, the amendment provided
+that Representatives should be apportioned among the several states
+according to population, but that when the right to vote was denied in
+any state to any of the male inhabitants who were twenty-one years of
+age and citizens of the United States, except for rebellion or other
+crime, the representation of such state in Congress and the Electoral
+College should be proportionately reduced. Also that no person should
+hold any office under the United States or any state who, having
+previously taken an oath to support the Constitution of the United
+States, had engaged in insurrection or rebellion against the same, but
+that Congress might, by a two-thirds vote, remove such disability. Also
+that the validity of the public debt of the United States should not be
+questioned, but that no debt incurred in aid of insurrection or
+rebellion should ever be paid by the United States or any state. The
+concluding section provided that Congress should have power to enforce
+by appropriate legislation the provisions of the article.
+
+The Fourteenth Amendment passed the Senate June 8, by 33 to 11, and the
+House June 13, by 138 to 36. Sumner had opposed it bitterly in debate
+because it dodged, as he said, the question of negro suffrage; but when
+the vote was taken he recorded himself in the affirmative.
+
+The report of the committee giving the reasons for their action was
+submitted on the 18th of June. It held that the seceding states, having
+withdrawn from Congress and levied war against the United States, could
+be restored to their former places only by permission of the
+constitutional power against which they had rebelled acting through all
+the cooerdinate branches of the Government and not by the executive
+department alone.
+
+     If the President [it said] may, at his will and under his own
+     authority, whether as military commander, or chief executive,
+     qualify persons to appoint Senators and elect Representatives,
+     and empower others to elect and appoint them, he thereby
+     practically controls the organization of the legislative
+     department. The constitutional form of government is thereby
+     practically destroyed, and its powers absorbed by the
+     Executive. And while your committee do not for a moment impute
+     to the President any such design, but cheerfully concede to him
+     the most patriotic motives, they cannot but look with alarm
+     upon a precedent so fraught with danger to the Republic.
+
+This conclusion was logical but misleading. The danger to the Republic
+lay not in the absorption of powers by the Executive, but in the
+prolongation of chaos, in dethroning intelligence, and arming ignorance
+in the desolated districts of the South.[96]
+
+Stevens also reported a bill "to provide for restoring the states lately
+in insurrection to their full political rights." It recited that
+whenever the Fourteenth Amendment should become a part of the
+Constitution, and any state lately in insurrection should have ratified
+it and conformed itself thereto, its duly elected Senators and
+Representatives would be admissible to seats in Congress. This bill was
+not acted on, but lay on the table of each house awaiting the action of
+the Southern States on the proposed amendment.
+
+On July 23, the two houses adopted a preamble and joint resolution
+admitting Tennessee to her former relations to the Union. The preamble
+recited that that state had ratified the Thirteenth and Fourteenth
+Amendments to the Constitution. There were only four negative votes on
+the Tennessee bill: Brown and Sumner, Republicans, and Buckalew and
+McDougall, Democrats. The President signed the bill, but he added a
+brief message explaining that his reason for doing so was that he
+desired to remove every cause of further delay, whether real or
+imaginary, to the admission of the Representatives of Tennessee, but he
+affirmed that Congress could not rightfully make the passage of such a
+law a condition precedent to such admission in the case of Tennessee, or
+of any other state.
+
+The next event of importance in the controversy over Reconstruction was
+the National Union Convention held in Philadelphia on the 14th of
+August. It was composed of delegates from all the states and
+territories, North and South, who sustained the President's policy and
+acquiesced in the results of the war, including the abolition of
+slavery. This came to be known as the "Arm-in-Arm Convention" as the
+procession leading to the platform was headed by two delegates, one from
+Massachusetts and one from South Carolina, walking together with their
+arms joined. The signers of the call embraced the names of A. W.
+Randall, ex-governor of Wisconsin, Senators Cowan, Doolittle, Fowler,
+Norton, Dixon, Nesmith, and Hendricks, and ex-senator Browning, then
+Secretary of the Interior. The convention itself was eminently
+respectable in point of numbers and character. It was presided over by
+Senator Doolittle, and the chairman of its Committee on Resolutions was
+Senator Cowan. The resolutions adopted were ten in number and were
+faultless in principle and in expression. They were conveyed to the
+President by a committee of seventy-two persons. The effect of this
+dignified movement was offset and neutralized in large part by one
+paragraph of the President's reply to the presentation speech, namely:
+
+     We have witnessed in one department of the Government every
+     endeavor to prevent the restoration of peace, harmony, and
+     union. We have seen hanging upon the verge of the Government,
+     as it were, a body called, or which assumed to be, the Congress
+     of the United States, while in fact it is a Congress of only a
+     part of the states. We have seen this Congress pretend to be
+     for the Union when its every step and act tended to perpetuate
+     disunion and make the disruption of the states inevitable.
+     Instead of promoting reconciliation and harmony its legislation
+     has partaken of the character of penalties, retaliation, and
+     revenge. This has been the course and policy of your
+     Government.
+
+This impeachment of the legality of Congress was followed by a battle in
+the political field, which raged with increasing fury during the whole
+remainder of Johnson's term of office and projected itself into the two
+terms of President Grant and the beginning of that of President Hayes,
+embracing the episodes of the impeachment trial and the Liberal
+Republican movement of 1872. All of this turmoil, and the suffering
+which it brought upon the South, would, probably, have been avoided if
+Lincoln, with his strong hold upon the loyal sentiment of the country
+and his readiness to conciliate opponents, without surrendering
+principle, had not been assassinated. They became possible if not
+inevitable when the presidential chair was taken, in a time of crisis,
+by a man of combative temper, without prestige in the North, and devoid
+of tact although of good intentions and undoubted patriotism.
+
+The Southern States refused to agree to the Fourteenth Amendment. To
+them the insuperable objection was the clause excluding from the
+office-holding class those who had taken an oath to support the
+Constitution of the United States and had afterwards engaged in
+insurrection against the same. The common people refused to accept
+better terms than were accorded to their leaders. This was true chivalry
+and is not to be condemned, but the consequence was an increase of the
+power of the radicals in the North. It disabled conservatives like
+Fessenden, Trumbull, and Grimes in Congress, John A. Andrew, Henry Ward
+Beecher, and William C. Bryant, influential in other walks in life, from
+making effective resistance to the measures of Sumner and Stevens. If
+the Fourteenth Amendment had been ratified by any of the other
+ex-Confederate States, such states would have been admitted at once as
+Tennessee was. Both Wade and Howard, hot radicals as they were, refused
+to go with Sumner when he insisted that further conditions should be
+exacted. When he offered an amendment looking to negro suffrage, Howard
+said that the Joint Committee on Reconstruction had maturely considered
+that question and had carefully abstained from interfering with "that
+very sacred right"--the right of each state to regulate the suffrage
+within its own limits. He argued that it was inexpedient in a party
+point of view to do so, and predicted that if the rebel states were
+coerced to adopt negro suffrage by an act of Congress, or by
+constitutional amendment, they would rid themselves of it after gaining
+admission.[97]
+
+FOOTNOTES:
+
+[96] Trumbull did not take an active part in the framing of the
+Fourteenth Amendment. A minute and unbiased history of it has been
+written by Horace Edgar Flack, Ph.D., and published by the Johns Hopkins
+Press, Baltimore, 1908. It is impossible to resist the conclusion of
+this writer, that partisanship was a potent factor in the framing and
+adoption of it.
+
+[97] _Cong. Globe_, February 15, 1867, p. 1381.
+
+
+
+
+CHAPTER XIX
+
+CROSSING THE RUBICON
+
+
+On the 17th of December, 1866, the Supreme Court rendered its decision
+in the Milligan case, which had reached that tribunal on a certificate
+of disagreement between the two judges of the United States Circuit
+Court for Indiana. Milligan, a citizen, not in the military or naval
+service, had been arrested in October, 1864, by General A. P. Hovey,
+commanding the military district of Indiana, for alleged treasonable
+acts, had been tried by a military commission, found guilty, and
+sentenced to be hanged on the 19th day of May, 1865. He petitioned the
+court for a discharge from custody under the terms of the Habeas Corpus
+Act passed by Congress March 3, 1863. He affirmed that, since his
+arrest, there had been a session of the grand jury in his district and
+that it had adjourned without finding an indictment against him. The act
+of Congress provided that the names of all civilians arrested by the
+military authorities in places where the courts were open should be
+reported to the judges within twenty days after their arrest, and that
+if they were not indicted at the first term of court thereafter they
+should be set at liberty.
+
+This question had been pretty thoroughly thrashed out in the
+Vallandigham case, but it had been imperfectly understood; President
+Lincoln had gone astray in that labyrinth, and judges on the bench had
+differed from each other in their interpretation of an unambiguous
+statute. The most commonly accepted opinion was that the act of 1863
+was not applicable to Copperheads, or, if it was, that it ought not to
+be obeyed.
+
+The Supreme Court was unanimous in the opinion that Milligan must be
+discharged, since the law was plain and unequivocal, but there was a
+division among the nine judges of the court as to the power to try
+persons not in the military service, by military commission. Five judges
+held that Congress could not abolish trial by jury in places where the
+courts were open and the course of justice unimpeded. Four judges
+maintained that Congress might authorize military commissions to try
+civilians in certain cases where the civil courts were open and freely
+exercising their functions, although Congress had not actually done so.
+The five judges constituting the majority were Davis (who wrote the
+opinion of the court), Clifford, Nelson, Grier, and Field. The four who
+dissented from the argument, but not from the judgment, were Chief
+Justice Chase (who wrote the minority opinion), and Judges Wayne,
+Swayne, and Miller. Davis's opinion is not surpassed in argumentative
+power or in literary expression by anything in the annals of that great
+tribunal.
+
+The logical consequences of the decision were tremendous, or would have
+been, if the public mind had been in a condition to appreciate its
+gravity. Not only did it follow logically that the trial and execution
+of Booth's fellow conspirators, Payne, Atzerodt, Herold, and Mrs.
+Surratt, were, in contemplation of law, no better than lynching, but
+that Andrew Johnson's endeavor to put an end to government by military
+commissions, as soon as possible, was right, and that the contrary
+design, by whomsoever held, was wrong.
+
+The radicals in Congress, however, were only angered by the decision.
+They were not in the least disconcerted by it, but the court itself was
+very much so. If it had been necessary to pass a law reorganizing the
+court, in order to reap the fruits of the victory won in the recent
+elections, a majority could have been obtained for it.
+
+Under date of January 8, 1867, the "Diary of Gideon Welles" tells us
+that there was a Cabinet meeting at which the President said that he
+wished to obtain the views of each member on the subject, already
+mooted, of dismantling states and throwing them into a territorial
+condition. A colloquy ensued which is reported as follows:
+
+     Seward was evidently taken by surprise. Said he had avoided
+     expressing himself on these questions; did not think it
+     judicious to anticipate them; that storms were never so furious
+     as they threatened; but as the subject had been brought up, he
+     would say that never, under any circumstances, could he be
+     brought to admit that a sovereign state had been destroyed, or
+     could be reduced to a territorial condition.
+
+     McCulloch was equally decided, that the states could not be
+     converted into territories.
+
+     Stanton said he had communicated his views to no man. Here, in
+     the Cabinet, he had assented to and cordially approved of every
+     step which had been taken, to reorganize the governments of the
+     states which had rebelled, and saw no cause to change or depart
+     from it. Stevens's proposition he had not seen, and did not
+     care to, for it was one of those schemes which would end in
+     noise and smoke. He had conversed with but one Senator, Mr.
+     Sumner, and that was one year ago, when Sumner said he
+     disapproved of the policy of the Administration and intended to
+     upset it. He had never since conversed with Sumner nor any one
+     else. He did not concur in Mr. Sumner's views, nor did he think
+     a state would or could be remanded to a territorial condition.
+
+     I stated my concurrence in the opinions which had been
+     expressed by the Secretary of War, and that I held Congress had
+     no power to take from a state its reserved rights and
+     sovereignty, or to impose terms on one state which were not
+     imposed on all states.
+
+     Stanbery said he was clear and unqualifiedly against the whole
+     talk and theory of territorializing the states. Congress could
+     not dismantle them. It had not the power, and on that point he
+     would say that it was never expedient to do or attempt to do
+     that which we had not the power to do.
+
+     Browning declared that no state could be cut down or
+     extinguished. Congress could make and admit states, but could
+     not destroy or extinguish them after they were made.[98]
+
+This extract is rather astounding for what it tells us of Stanton's
+position. Simultaneously, or nearly so, Congress passed an act virtually
+making the General of the Army independent of the President, and
+prohibiting the President from assigning him to duty elsewhere than in
+Washington City without the consent of the Senate, except at his own
+request. Congressman Boutwell, of Massachusetts, tells us that this
+provision was privately suggested to him by Stanton and that he
+(Boutwell) wrote it down at the War Department as dictated by Stanton,
+and took it to Thaddeus Stevens who incorporated it in an appropriation
+bill.[99]
+
+If the radicals were elated by the result of the elections, the
+conservatives were correspondingly depressed. It was no longer possible
+to prevent Stevens and Sumner from taking the lead, which they did
+forthwith. They crossed the Rubicon with the whole army. The
+Reconstruction policy initiated by Lincoln was now for the first time
+definitely abandoned by the Union party. In the month of February,
+Stevens carried through the House a bill declaring that there were no
+legal governments in the ten rebel states, and providing that the
+existing governments should be superseded by the military authority. It
+provided for no termination of such military government. Amendments were
+added by the Senate providing for constitutional conventions in those
+states, to be elected by the male citizens twenty-one years old and
+upward, of whatever race or color, except those disfranchised for
+participation in rebellion. It was provided further that when the
+constitutions so framed should contain clauses giving the elective
+franchise to all persons entitled to vote in the election for delegates,
+and when the constitutions should be ratified by a majority of the
+people, and when such constitutions should have been submitted to and
+approved by Congress, and when the states should have ratified the
+Fourteenth Amendment and it should have been adopted, then the states so
+reorganized should be entitled to representation in Congress, provided
+that no persons disfranchised by the Fourteenth Amendment should vote at
+the election or be eligible to membership of the conventions. The clause
+making negro suffrage a permanent condition of Reconstruction was
+adopted in a senatorial caucus on the motion of Sumner by a majority of
+two, after it had been rejected almost unanimously by the Senate
+committee to which it had been referred.[100]
+
+Trumbull, Fessenden, and Sherman voted against Sumner's motion, but
+after it became the policy of the party they supported it. And here they
+made a mistake, for this was the act which placed the governments of ten
+states in the hands of the most ignorant portion of the community and
+disfranchised the most intelligent, entailing the direful consequences
+of the succeeding ten years.
+
+The road which the dominant party had now taken was, however, taken
+conscientiously. Congress and the Northern people sincerely believed
+that slavery would be reestablished in some form unless the negroes had
+the right to vote and the assurance that their votes would be counted,
+and that, in that case, the war would have to be fought over again. Of
+course, party spirit and the greed of office had a place among the
+impelling motives at Washington, but these considerations would not have
+availed had not the opinion been deep-seated that a Democratic victory
+won by the votes of the solid South and a minority of the North would
+endanger the Union.
+
+Senator Cullom, of Illinois, who was then a member of the House, said,
+forty-four years later, that "the motive of the opposition to the
+Johnson plan of Reconstruction was a firm conviction that its success
+would wreck the Republican party and, by restoring the Democracy to
+power, bring back Southern supremacy and Northern vassalage."[101]
+
+Montgomery Blair apprehended another revolution or rebellion and said
+that there might be two opposing governments organized in Washington.
+Maynard, of Tennessee, a stanch loyalist, believed that Senators and
+Representatives from all the states would soon make their appearance at
+the national capital and that those from the rebel states would join
+with the Democratic members from the loyal states, constitute a
+majority, organize, repeal the test oath, and have things their own way.
+Welles, while recording these opinions, held the sounder one that the
+South was too exhausted and the Northern Democrats too timid for such a
+step.[102]
+
+The Reconstruction Bill passed both houses on the 20th day of February,
+1867, was vetoed by the President on the 2d of March, and was repassed
+on the same day by more than two-thirds majority in each house,
+Trumbull voting in the affirmative.
+
+It was followed by a supplementary bill even more drastic, providing for
+a registration of voters, and requiring each person, before he could be
+registered, to take an oath that he had not been disfranchised for
+participation in any rebellion, or civil war, against the United States,
+and had never held any legislative, executive, or judicial office and
+afterwards engaged in rebellion against the United States, or given aid
+or comfort to the enemies thereof. The President was not slow to
+perceive the monstrosity of these provisions. In his veto message he
+dwelt on the absurdity of expecting every man to know whether he had
+been disfranchised or not, and what acts amounted to "participation" or
+fell short of it, and what constituted the giving of aid and comfort to
+the enemies of the United States. With genuine pathos he added:
+
+     When I contemplate the millions of our fellow citizens of the
+     South with no alternative left but to impose upon themselves
+     this fearful and untried experiment of complete negro
+     enfranchisement, and white disfranchisement (it may be) almost
+     as complete, or submit indefinitely to the rigor of martial law
+     without a single attribute of freemen, deprived of all the
+     sacred guaranties of our Federal Constitution, and threatened
+     with even worse wrongs, if any worse are possible, it seems to
+     me their condition is the most deplorable to which any people
+     can be reduced.
+
+This bill was passed over the veto on the 23d of March, Trumbull voting
+in the affirmative. These votes, however, did not prevent him from
+publishing in the Chicago _Advance_ of September 5, the same year, a
+carefully written article denying the power of Congress to regulate the
+suffrage in the states, concluding with the following paragraphs:
+
+     If the views expressed are correct, it follows that there are
+     but two ways of securing impartial suffrage throughout the
+     Union. One is, for the states themselves to adopt it, which is
+     being done by some already; and now that the subject is being
+     agitated and its justice being made apparent, it is to be hoped
+     it will soon commend itself to all: the other is, by an
+     amendment to the Constitution of the United States, adopting
+     impartial suffrage throughout the Union, which to become
+     effective must be ratified by three fourths of the States.
+
+Amendments of the constitutions of Ohio, Kansas, and Minnesota for that
+purpose were then pending, but they were all voted down by the people in
+October and November, 1867.
+
+Congress continued to pass supplementary Reconstruction measures at
+short intervals. One such authorized the commanders of the military
+districts to suspend or remove any persons holding any office, civil or
+military, in their districts and appoint other persons to fill their
+places and exercise their functions subject to the disapproval of the
+General of the Army of the United States. It was declared to be the duty
+of the commanders aforesaid to remove from office all persons disloyal
+to the United States and all who should seek to hinder, delay, or
+obstruct the administration of the Reconstruction Acts. Section eight of
+this act made members of boards of registration removable in like
+manner. Section eleven provided that "all the provisions of this act,
+and of the acts to which it is supplementary, should be construed
+liberally." This bill was vetoed by the President July 19, 1867, and was
+passed over the veto by both houses the same day. Still another
+supplementary act was passed on the 11th of March, 1868, relating to the
+election of members of Congress in the rebel states.
+
+Under this harness of militarism constitutional conventions were held
+and constitutions adopted by all of said states, except Texas and
+Mississippi, during the year 1868, and all the rest of them were
+admitted to the Union except Virginia, subject, however, to the
+condition that their constitutions should never be amended, or changed,
+so as to deprive any citizen, or class of citizens, of the right to
+vote, except as a punishment for crimes of the grade of felonies at
+common law.
+
+Delays having occurred in the course of procedure in Virginia,
+Mississippi, and Texas, there was opportunity to apply new conditions to
+their readmission and this chance was eagerly seized by the radicals.
+Trumbull, on the 13th of January, 1870, reported from the Judiciary
+Committee a simple resolution reciting that Virginia, having complied
+with all the requirements, was entitled to representation in Congress.
+This was amended on motion of Drake, of Missouri, by a proviso that it
+should never be lawful for the state to deprive any citizen of the
+United States, on account of race, color, or previous condition of
+servitude, of the right to hold office. Trumbull said in the debate on
+this proposition that Congress had no authority to enact it and that it
+would not be binding on the state. Yet it was adopted by a majority of
+one vote, 30 to 29. Wilson then moved as an amendment that the state
+constitution should never be so changed as to deprive any citizen or
+class of citizens of school privileges, and this was adopted by 31 to
+29, Trumbull in the negative. In addition to these a long section was
+added prescribing a new form of oath to be taken by all state officers
+and members of the legislature, which was adopted by 45 to 16, Trumbull
+voting no. In the final vote on the Bill, however, he voted in the
+affirmative. The same conditions were applied to Mississippi and Texas.
+
+In the debate on the Virginia Bill there was a passage-at-arms between
+Trumbull and Sumner which came near to overstepping parliamentary rules
+on both sides and which caused widespread newspaper comment. It was
+generally believed that a rupture had taken place between them which
+would never be healed; yet a year later, when the decree went forth
+(presumably from the White House) that Sumner must be deposed from the
+chairmanship of the Committee on Foreign Relations, Trumbull was one of
+his strongest supporters in the fight which ensued.
+
+Following close after the reconstruction of Virginia came the
+re-reconstruction of Georgia. That state ratified her _post-bellum_
+constitution on the 11th of May, 1868, and elected Rufus P. Bullock,
+governor. He represented the radicals, but the conservatives at the same
+time carried the state legislature. A few negroes had been elected as
+members, and these were expelled on the ground that the right to hold
+office had not been conferred upon them by the new constitution. The
+supreme court of the state a few months later decided that since the
+rights of citizenship and of voting had been conferred upon them, the
+right to hold office belonged to them also unless expressly denied. In
+addition to unseating the blacks, the conservatives had admitted certain
+members who could not take the oath prescribed in the Fourteenth
+Amendment of the Constitution. Governor Bullock needed a legislature
+different from the one which had been elected, in order to accomplish
+certain ends which he had in view, and he seized upon these
+irregularities as a means of overturning the majority. He then raised an
+outcry, which he knew would stir the north,--that the blacks in Georgia
+were still terrorized by the Ku-Klux Klans.
+
+President Grant soon thereafter recommended that Congress take Georgia
+again in hand. This was done promptly. An act was passed directing
+Governor Bullock to call the legislature together and directing the
+legislature to reorganize itself in accordance with the oaths of office
+heretofore prescribed, including that of the Fourteenth Amendment; to
+exclude all persons who could not lawfully take those oaths and to admit
+all who had been expelled on account of color; also requiring Georgia to
+ratify the Fifteenth Amendment before her Representatives and Senators
+should be admitted to seats in Congress. The seventh section of the act
+authorized Governor Bullock to call for the services of the army and
+navy of the United States to enforce the provisions of the act. Under
+this authority, exercised by General Terry, twenty-four conservatives
+were expelled from the legislature and their places were filled by
+radicals, and the negroes formerly excluded were returned to their
+places. Even this did not satisfy Bullock. He went to Washington with a
+troop of carpet-baggers and a pocketful of money and railroad bonds and
+persuaded General Butler, who was chairman of the House Committee on
+Reconstruction, to bring in a bill for the restoration of Georgia
+similar to that of Virginia, with a proviso extending for two years the
+term of office of the present legislature, which would otherwise expire
+in November, 1870. Butler reported such a bill from his committee, but
+Bingham, of Ohio, offered an amendment to require a new election of the
+legislature at the time fixed in the state constitution, and this
+amendment was agreed to, in spite of Butler's opposition, by 115 to 71.
+
+The Georgia Bill was the subject of an exciting battle in the Senate
+where Trumbull supported the Bingham proviso against the efforts of
+Morton, Howard, Drake, Stewart, Sumner, Wilson, and all of the new
+Senators from the South, two of whom (those of Texas) were hastily
+admitted in time to vote on the Georgia question. The first vote was on
+the motion of Williams, of Oregon, to prolong the life of the existing
+legislature till November, 1872. One effect of so doing would be to
+save a seat in the United States Senate for a man who had been elected
+unlawfully. The vacancy would occur on March 4, 1871, and could be
+lawfully filled only by the legislature chosen next preceding that date.
+
+Williams's motion was voted down April 14, by a majority of one. On the
+19th of the same month, Trumbull made one of the great speeches of his
+public career, filling twelve columns of the _Congressional Globe_, on
+the Georgia question, demolishing the Bullock case and stirring public
+opinion strongly. The struggle was protracted till July 8, when the bill
+passed, as Trumbull desired, with the Bingham proviso.
+
+An editorial in the _Nation_ of May 26, 1870, tells, in brief compass,
+what took place while the Georgia Bill was the matter of chief concern
+in the Senate:
+
+     Our readers may remember that when Mr. Trumbull, some weeks
+     ago, made his severe summing up of the "Georgia difficulty," he
+     hinted in very plain terms that the patriots of the Bullock
+     faction had been guilty of both corruption and intimidation in
+     trying to get their "Reconstruction" bill through, installing
+     them in office for two years. By many people this charge was
+     ascribed partly to Mr. Trumbull's hatred of the black man, and
+     partly to his hostility to the pure and good of all colors, and
+     doubtless some asked themselves, as they asked themselves when
+     the Traitor Ross refused to give up his chair to Senator
+     Revels, for the sake of the dramatic unities: "What else can we
+     expect of a man who voted No on the Eleventh Article?"
+
+     [A committee of the Senate, appointed to look into the matter,
+     had taken a mass of testimony and submitted a report.] Their
+     finding is--and we blush to write it--that Bullock and his
+     friends have been for a long time in Washington, complaining of
+     the Ku-Klux Klan, and asking fresh guarantees for "the
+     persecuted Unionists" of Georgia; that somehow or other, while
+     there, they have had a great deal of money and railroad bonds,
+     which they seemed to have no particular use for, themselves;
+     that they tried unsuccessfully to purchase the votes of
+     Senators Carpenter and Tipton against the Bingham amendments;
+     that harrowing reports of "outrages" in Georgia were actually
+     prepared to order, like boots or dinners, furnished to them and
+     paid for; that the writing of threatening letters to Senators
+     was procured in the same manner; that $4000 was paid to that
+     good and great man, Colonel Forney, of the Washington
+     _Chronicle_, for "advertising and printing speeches and
+     documents," the Colonel's editorial denunciations of the
+     opponents of the Georgia Bill, we suppose, being thrown into
+     the bargain. The Washington correspondent of the Boston
+     _Advertiser_--a wicked fellow--adds that some of the witnesses
+     when first examined "were very loath to tell what they knew,
+     and indulged in the tallest kind of lying." The report of the
+     committee is unanimous.
+
+     The result of this expose probably will be that the Georgia
+     question will at last, after a year's delay, filled with this
+     lying and intrigue and corruption, be settled at the outset, by
+     handing the State Government back to the electors on the same
+     terms as Virginia, and letting the "Bullock faction" go home
+     and find some means of gaining an honest livelihood.... We
+     cannot pass from this affair, however, without bearing hearty
+     testimony to the services which Mr. Trumbull has, by his
+     attitude in it from the very beginning, rendered to truth,
+     justice, good government, and civilization. He has made every
+     honest man, North and South, his debtor, not for being able,
+     for this he cannot help, but for being bold, and hitting hard.
+     "By Time," says Hosea Biglow, "I du like a man that ain't
+     afeared!"
+
+FOOTNOTES:
+
+[98] _Diary of Gideon Welles_, III, 10-12.
+
+[99] Boutwell, _Reminiscences_, II, 108.
+
+[100] This was the second time that Sumner had shunted the nation in the
+direction he desired it to go; the first time was when he filibustered
+the Louisiana Bill to death at the end of the Thirty-ninth Congress.
+Edward L. Pierce, his biographer and eulogist, writing in the early
+nineties, says rather dubiously: "For weal or woe, whether it was well
+or not for the black race and the country, it is to Sumner's credit or
+discredit as a statesman that suffrage, irrespective of race or color,
+became fixed and universal in the American system." (_Memoir and
+Letters_, I, 228.)
+
+[101] _Fifty Years of Public Service_, by Shelby M. Cullom, p. 146.
+
+[102] _Diary of Gideon Welles_, II, 484.
+
+
+
+
+CHAPTER XX
+
+IMPEACHMENT
+
+
+Early in 1867, Congress passed an act, originating in the Senate, to
+prevent the President from removing, without the consent of the Senate,
+any office-holders whose appointment required confirmation by that body.
+In its inception it was not intended to include members of the Cabinet,
+but merely to protect postmasters, collectors, and other appointees of
+that grade, whom the President, in his stump speech at St. Louis, had
+declared his intention to "kick out." Accordingly a clause was inserted
+excluding Cabinet officers from the operation of the measure.
+
+When the bill came before the House, a motion was made to strike out
+this exception, and it was at first negatived by a majority of four.
+Subsequently the motion was renewed and carried, but the Senate refused
+to concur. The differences between the two houses were referred to a
+committee of conference of which Sherman was a member. He had been
+extremely resolute heretofore in opposing the attempt to include members
+of the Cabinet, because he held that no gentleman would be willing to
+remain a member after receiving an intimation from his chief that his
+services were no longer desired. To this Senator Hendricks replied that
+it was not a question of getting rid of a _gentleman_, but of a man of
+different stamp, who might be in the Cabinet and desire to stay in. "The
+very person who ought to be turned out," he said, "is the very person
+who will stay in." The Conference Committee reported the following
+proviso, which was adopted by both houses:
+
+     That the Secretaries of State, of the Treasury, of War, of the
+     Navy, and of the Interior, the Postmaster-General, and the
+     Attorney-General shall hold their offices respectively for and
+     during the term of the President by whom they may have been
+     appointed and for one month thereafter, subject to removal by
+     and with the advice and consent of the Senate.
+
+Senator Doolittle, who opposed the bill _in toto_, pointed out that it
+did not accomplish what it aimed at: that is, it did not prevent the
+President from removing the Secretary of War. He showed that Stanton had
+never been appointed by Johnson at all. He was merely holding office by
+sufferance. The term of the President by whom he was appointed had
+expired and the "one month thereafter" had also expired; therefore, the
+proviso reported by the Conference Committee was futile to protect him.
+
+Sherman replied that the proviso was not intended to apply to a
+particular case or to the present President, and that Doolittle's
+interpretation of the phrase as not protecting Stanton in office was the
+true interpretation. He added that if he supposed that Stanton, or any
+other Cabinet officer, was so wanting in manhood and honor as to hold
+his office after receiving an intimation that his services were no
+longer desired, he (Sherman) would consent to his removal at any time.
+This declaration committed Sherman in advance to a definite opinion as
+to the President's right to remove Stanton whenever he pleased.
+
+The bill passed with the clause above quoted, all the Republican
+Senators present voting for it except Van Winkle and Willey, of West
+Virginia. Trumbull was recorded in the affirmative.
+
+At the first Cabinet meeting of February 26, the bill was considered,
+and all the members thought that it ought to be vetoed. "Stanton was
+very emphatic," says Welles, "and seemed glad of an opportunity to be in
+accord with his colleagues." (He had previously given his sanction to
+the Stevens Reconstruction Bill in opposition to his colleagues.) The
+President said he would be glad if Stanton would prepare a veto or make
+suggestions for one. Stanton pleaded want of time. The President then
+turned to Seward, who said that he would undertake it if Stanton would
+help him. This was agreed to, and the veto (based on the ground of
+unconstitutionality) was prepared and submitted by them at the Cabinet
+meeting of March 1. Stanton must have been aware of the colloquy between
+Sherman and Doolittle in which his name was mentioned, and he probably
+agreed with them in the opinion that he was not protected by the
+Tenure-of-Office Act. If he had thought differently he would hardly have
+favored the veto, or joined with Seward in writing it. The veto message
+was sent in on March 2, 1867, and the bill was passed by two thirds of
+both houses the same day.
+
+Few persons at the present time believe that there was any substantial
+ground for the impeachment of Andrew Johnson. The unsparing condemnation
+of history has been visited upon the whole proceeding, and the commonly
+received opinion now is that if the Senate had voted him guilty as
+charged in the articles of impeachment a precedent would have been made
+whereby the Republic would have been exposed to grave dangers. Trumbull
+was one of the so-called "Seven Traitors" who prevented that
+catastrophe.
+
+The first session of the Fortieth Congress began on March 4, 1867. The
+radical wing of the Republican party had been muttering about
+impeachment even earlier, and a resolution had been passed by the House
+on the 7th of January preceding, authorizing the Judiciary Committee to
+inquire into the official conduct of the President and to report whether
+he had been guilty of acts designed or calculated to "overthrow,
+subvert, or corrupt the Government of the United States, or any
+department or office thereof." On the 28th of February, the committee
+reported that it had examined a large number of witnesses and collected
+many documents, but had not been able to reach a conclusion and that it
+would not feel justified in making a final report upon so important a
+matter in the expiring hours of this Congress, even if it had been able
+to make an affirmative one. On the 29th of March following, the
+committee was instructed to continue its investigation.
+
+It accordingly continued its work and voted on the 1st of June, by 5 to
+4, that there was no evidence that would warrant impeachment; but at the
+earnest solicitation of the minority it kept the case open during the
+recess which Congress took from July to November. In this interval one
+member of the committee changed his vote and this change made the
+committee stand 5 to 4 in favor of impeachment. The report of the
+committee was presented by Boutwell, of Massachusetts, November 25,
+accompanied by a resolution that Andrew Johnson, President of the United
+States, be impeached for high crimes and misdemeanors. James F. Wilson,
+of Iowa, chairman of the committee, submitted a minority report adverse
+to impeachment, and the House on the 7th of December sustained Wilson
+and rejected the majority report by a vote of 57 to 108. Among those
+voting against impeachment were Allison, Bingham, Blaine, Dawes, Poland,
+Spalding, and Washburne, of Illinois. On the other side were Thaddeus
+Stevens, B. F. Butler, and John A. Logan. On the 5th of August, the
+President sent to Stanton a note of three lines saying that his
+resignation as Secretary of War would be accepted. Stanton replied on
+the same day declining to resign before the next meeting of Congress.
+The President thereupon decided to remove him regardless of
+consequences, but he felt the necessity of finding somebody to take the
+office who would be acceptable to the country. His choice fell upon
+General Grant, who was perhaps the only person whose appointment under
+the circumstances would not have caused a disturbance. No plausible
+objection could be raised against him in any quarter, not even by
+Stanton himself. Grant reluctantly consented to accept the place.
+Accordingly one week after Stanton had refused to resign, the President
+suspended him and appointed Grant Secretary _ad interim_ and so notified
+Stanton. The latter had undoubtedly made plans for retaining the office
+in defiance of the President and was chagrined to find that a man had
+been appointed whom he could not resist. Although a few months earlier
+he had advised the President that the Tenure-of-Office Law was
+unconstitutional and had assisted in writing the message vetoing it on
+that ground, he now denied the President's power to suspend him without
+the consent of the Senate, but said that he yielded to superior force.
+He then surrendered his office to Grant. Although the usual expressions
+of confidence and esteem were exchanged between himself and his
+successor, a residue of asperity remained in the breast of the retiring
+Secretary, who felt that the head of the army ought not to have enabled
+the President to get the better of him. But as a matter of fact Grant
+did not want the office. He accepted it only because he feared that
+trouble might follow from the appointment of somebody less familiar than
+himself with conditions prevailing in the South.
+
+On the 13th of January, 1868, the Senate, having considered the reasons
+assigned by the President for the suspension of Stanton from office,
+non-concurred in the same and sent notice to this effect to the
+President and to Grant. The latter considered his functions as Secretary
+_ad interim_ terminated from the moment of receipt of the notice and so
+notified the President, at the same time locking the door of his room
+and handing the key to the person in charge of the Adjutant-General's
+office in the same building.
+
+Under the terms of the Tenure-of-Office Law, Stanton returned and
+resumed his former place.
+
+On the 27th of January, a motion was made by Mr. Spalding in the House
+of Representatives that the Committee on Reconstruction be authorized to
+inquire what combinations had been made to obstruct the due execution of
+law and to report what action, if any, was necessary in consequence
+thereof. This resolution was adopted by a vote of 99 to 31. A few days
+later, on the motion of Thaddeus Stevens the evidence taken by the
+Committee on the Judiciary on the impeachment question was referred to
+the Committee on Reconstruction. Certain correspondence that had passed
+between General Grant and President Johnson relating to the retirement
+of the former from the War Office was also sent to the same committee.
+
+The correspondence between General Grant and the President here referred
+to gives a fresh illustration of Andrew Johnson's want of tact in
+dealing with men and events. He first made an accusation that Grant had
+failed to keep a promise that he had previously given that "if you
+[Grant] should conclude that it would be your duty to surrender the
+department to Mr. Stanton, upon action in his favor by the Senate, you
+were to return the office to me, _prior to a decision by the Senate_, in
+order that if I desired to do so I might designate somebody to succeed
+you." This letter was dated January 31, 1868. Grant replied (February
+3) denying that he had made any such promise, and saying that the
+President in making this accusation had sought to involve him in a
+resistance to law and thus to destroy his character before the country.
+Several other letters followed, including one from each member of the
+Cabinet, who was present when the matter was talked of between the two
+principals, all confirming the President's statements. The letters of
+Browning and Seward, however, tended to show that the President's desire
+was to make up a case for the Supreme Court, to decide whether he had a
+right under the Constitution to remove a Cabinet officer or not, and
+that he supposed that Grant had promised to cooeperate with him to
+promote that end; but that whatever Grant might have promised, the
+sudden action of the Senate led him to believe that he could not delay
+his retirement without subjecting himself to the chance of fine and
+imprisonment under the Tenure-of-Office Law.[103]
+
+The quarrel between Johnson and Grant did not, however, help the
+impeachers, who were voted down in the Committee on Reconstruction,
+February 13, by 6 to 3, Stevens being in the minority.
+
+Stanton was now in a position of great embarrassment, being a member of
+the Cabinet by appointment of the Senate, but unable to attend Cabinet
+meetings. He was endowed with sufficient assurance for most purposes,
+but not enough to go to the White House and take a seat among gentlemen
+who would have looked upon him as an intruder and a spy. Johnson was
+advised by General Sherman and others to leave him severely alone.[104]
+
+If this advice had been followed, Stanton would have been exposed to
+ridicule ere long and the Senate could not have helped him to ward it
+off. But Johnson came to his rescue by making a fresh attempt to oust
+him. Eight days after Thaddeus Stevens's impeachment resolution had been
+voted down, two to one, in his own committee, the President sent a note
+to Edwin M. Stanton saying that he had removed him from the office of
+Secretary of War and appointed Lorenzo Thomas, the Adjutant-General of
+the Army, as Secretary of War _ad interim_. The new appointee
+immediately presented himself at the War Office and showing his
+authority demanded possession, which Stanton refused to yield.
+
+The tables were instantly turned. Stanton was no longer looked upon as
+holding an office with nothing to do except to draw his salary, but as a
+champion of the people defending them against a law-breaking President.
+Grant had warned Johnson months before that the public looked upon the
+Tenure-of-Office Law as constitutional until pronounced otherwise by the
+courts, and that although an astute lawyer might explain it differently
+the common people would "give it the effect intended by its framers,"
+that is, to protect Stanton.[105]
+
+This was sound advice. The revulsion in the public mind was electrical
+in suddenness and strength. The House of Representatives, which, on the
+7th of December, by nearly two to one had rejected an impeachment
+resolution recommended by its Judiciary Committee, now (February 24)
+adopted the same resolution by 128 to 47. Every Republican member who
+was present, including James F. Wilson, voted in the affirmative. A
+committee of seven was appointed to prepare articles of impeachment and
+present them to the Senate. Nine such articles were reported to the
+House on the 2d of March and two additional ones on the following day,
+all of which were agreed to, and seven members of the House were
+appointed as managers to conduct the impeachment, namely: John A.
+Bingham, George S. Boutwell, James F. Wilson, Benjamin F. Butler, Thomas
+Williams, John A. Logan, and Thaddeus Stevens.
+
+The trial began on the 5th of March, Chief Justice Chase presiding. The
+President was represented by Henry Stanbery, Benjamin R. Curtis, William
+S. Groesbeck, William M. Evarts, and Thomas A. R. Nelson. The House
+managers were overmatched in point of legal ability by the President's
+counsel, and still more by the facts in the case. The first eight
+articles of impeachment were based upon the President's attempt to
+remove Stanton and appoint Thomas as Secretary of War _ad interim_, but
+inasmuch as Senator Sherman had publicly declared that Stanton, being an
+appointee of Lincoln, was not protected by the Tenure-of-Office Law,
+and that he ought to be removed anyhow if he refused to resign at the
+President's request, it was deemed best by the impeachers to divide the
+offense into two parts. So the first article related only to the removal
+of Stanton and the second only to the appointment of Thomas. This, it
+was believed, would enable Sherman to vote not guilty on the first, but
+guilty on the second. He could vote that the President had a perfect
+right to remove his Secretary of War, but no right to fill the vacancy,
+and that any attempt on his part to do so would be a high misdemeanor,
+punishable by impeachment and removal from office. And so it turned out
+as regarded Sherman's vote, and also that of Senator Howe, of Wisconsin,
+who shared Sherman's view that Stanton was not protected by the law.
+
+The ninth article charged the President with having a conversation with
+General Emory, who commanded the military department of Washington, and
+saying to him that that portion of the Army Appropriation Act, which
+provided that all orders relating to military affairs should be issued
+through the General of the Army, or the officer next in rank, and not
+otherwise, was unconstitutional, thus seeking to induce said Emory to
+violate the provisions of said act.
+
+The tenth article recited that Andrew Johnson did at certain times and
+places make and "deliver with a loud voice certain intemperate,
+inflammatory, and scandalous harangues and did therein utter loud
+threats and bitter menaces as well against Congress as the laws of the
+United States duly enacted thereby, amid the cries, jeers, and laughter
+of the multitudes then assembled." Extracts from the speeches were
+embodied in this article, "by means whereof the said Andrew Johnson has
+brought the high office of President of the United States into
+contempt, ridicule, and disgrace, to the great scandal of all good
+citizens, whereby said Andrew Johnson, President of the United States,
+did commit, and was then and there guilty of, a high misdemeanor in
+office." This article was the production of General Butler.
+
+The eleventh article embraced the charge of seeking to prevent Stanton
+from resuming his office as Secretary of War, but not that of removing
+him from it (this to accommodate Sherman and Howe), and a _melange_ of
+all the charges in the preceding articles, ending with a charge that the
+President had in various ways attempted to prevent the execution of the
+Reconstruction Acts of Congress. Thaddeus Stevens considered it the only
+one of the series that was bomb-proof, but the Chief Justice ruled that
+the Stanton matter was the only thing of substance in it, the residue
+being mere objurgation. The answer filed by the President's counsel set
+forth:
+
+First, that the Tenure-of-Office Law, in so far as it sought to prevent
+the President from removing a member of his Cabinet, was
+unconstitutional; that such was the opinion of each member of his
+Cabinet, including Stanton, and that Stanton among others advised him to
+veto it;
+
+Second, that even if the law were in harmony with the Constitution the
+Secretary of War was not included in its prohibitions, since the term
+for which he was appointed had expired before the President sought to
+remove him;
+
+Third, that it seemed desirable, in view of the foregoing facts, to
+secure a judicial determination of all doubts respecting the rights and
+powers of the parties concerned, from the tribunal created for that
+purpose; and to this end he had taken the steps complained of, and that
+he had committed no intentional violation of law.
+
+In answer to the eleventh article, the defendant said that the matters
+contained therein, except the charge of preventing the return of
+Stanton to the office of Secretary of War, did not allege the commission
+or omission of any act whatever whereby issue could be joined or answer
+made. As to the Stanton matter, his answer was already given in the
+answer to the first article.
+
+There were two theories rife in the Senate and in the country,
+respecting this trial. One was that impeachment was a judicial
+proceeding where charges of treason, bribery, or other high crimes or
+misdemeanors were to be alleged and proved; the Senators sitting as
+judges, hearing testimony and argument, and voting guilty or not guilty.
+This opinion was generally accepted at first, both in and out of
+Congress, and was the correct one. The other was that impeachment was a
+political proceeding which the whole people were as competent to decide
+as the Senate. This was the view taken by Charles Sumner and avowed by
+him in his written opinion while sitting as one of the sworn judges to
+vote guilty or not guilty, and it came to be the opinion prevailing in
+the Republican party generally before the case was ended. According to
+this view it was a question for the people to decide in their character
+as an unsworn "multitudinous jury." No method of arriving at, or of
+recording, their verdict was suggested or deemed necessary. To a person
+holding this view the trial itself was logically a waste of time, since
+a decision could have been reached without a scrap of testimony, or a
+single speech, on either side.
+
+The trial lasted from the 5th of March to the 16th of May, and the heat
+and fury of the contest both in and out of Congress became more intense
+from day to day. The impeachers lost ground in the estimation of the
+sober-minded and reflecting classes by their intemperate language, by
+their frantic efforts to bring outside pressure to bear upon Senators,
+and especially by their refusal to admit testimony offered to show that
+the President's intent was not to defy the law, but to get a judicial
+decision as to what the law was. The Chief Justice ruled that testimony
+to prove intent was admissible, and Senator Sherman asked to have it
+admitted, but it was excluded by a majority vote. Testimony to prove
+that Stanton advised the President that the Tenure-of-Office Law was
+unconstitutional and that he aided in writing the veto message was
+excluded by the same vote. Gideon Welles, under date April 18,[106] says
+that Sumner, who had previously moved to admit all testimony offered,
+absented himself when it was proposed to call the Cabinet officers as
+witnesses. Monday, May 11, the case was closed and the Senate retired
+for deliberation. The session was secret, but the views of Senators, so
+far as expressed, leaked out. "Grimes boldly denounced all the
+articles," says Welles, "and the whole proceeding. Of course he received
+the indignant censure of all radicals; but Trumbull and Fessenden, who
+followed later, came in for even more violent denunciation and more
+wrathful abuse."
+
+The vote was not taken until the 16th, and the intervening time was
+employed by the impeachers in bringing influence to bear upon Senators
+who had not definitely declared how they would vote. There were 54 votes
+in all; two thirds were required to convict. There were 12 Democrats,
+counting Dixon, Doolittle, and Norton, who had been elected as
+Republicans, but had been classed as Democrats since they had taken part
+in the Philadelphia Convention of August, 1866. If seven Republicans
+should join the twelve in voting not guilty, the President would be
+acquitted. Three had declared in the conference of Monday, the 11th, for
+acquittal, and they were men who could not be swerved by persuasion or
+threats after they had made up their minds. If four more should join
+with the three, impeachment would fail. Welles names as doubtful to the
+last Senators Anthony and Sprague, of Rhode Island, Van Winkle and
+Willey, of West Virginia, Frelinghuysen, of New Jersey, Morgan, of New
+York, Corbett, of Oregon, Cole, of California, Fowler, of Tennessee,
+Henderson, of Missouri, and Ross, of Kansas. He adds, May 14:
+
+     The doubtful men do not avow themselves, which, I think, is
+     favorable to the President, and the impeachers display distrust
+     and weakness. Still their efforts are unceasing and almost
+     superhuman. But some of the more considerate journals, such as
+     the New York _Evening Post_, Chicago _Tribune_, etc., rebuke
+     the violent. The thinking and reflecting portion of the
+     country, even Republicans, show symptoms of revolt against the
+     conspiracy.[107]
+
+The article in the New York _Evening Post_ of May 14, two days before
+the first vote was taken, is a column long. It can only be summarized
+here.
+
+     So long as the court sat, it says, decency forbade the
+     discussion of the issue elsewhere. It characterizes the
+     articles of impeachment in groups and severally, and says
+     Article XI "reads like a jest, in charging solemn official acts
+     of 1868 as done in pursuance of an extreme and excited
+     declaration, made to a crowd, in a political speech almost two
+     years before...." Impertinent issues were constantly pressed
+     upon the court from without. The New York _Tribune_ demanded
+     conviction and removal for breaking the Tenure-of-Office Act,
+     because, it said, the President was guilty of drunkenness,
+     adultery, treason, and murder. The investigation is of a sudden
+     changed in its nature by the advocates of conviction and
+     becomes a matter of politics, and no longer a judicial concern.
+     Senator Wilson leads off by violating an absolutely fundamental
+     principle of the life and law of every free people, i.e., the
+     principle that an accused man shall have the benefit of a
+     doubt, and be believed innocent until proved guilty. Wilson
+     says: "I shall give the benefit of whatever doubts have arisen
+     to perplex and embarrass me to my country rather than to the
+     Chief Magistrate." ... Here was a plain confession that to
+     obtain conviction a "first principle of public law must be
+     sacrificed; that one prominent judge, at least, would condemn
+     the accused, however conscientiously, from other than judicial
+     motives." It describes graphically the pressure brought to bear
+     upon the court and its shameless character, and quotes from the
+     New York _Tribune's_ flagrant attack upon Grimes, Trumbull, and
+     Fessenden, "three of the most honored statesmen and tried
+     patriots in the land." "Thus," it says, "a prominent party
+     organ tries to instigate the passions of the multitude to drive
+     the court to the judgment it desires."
+
+"In a meeting of the Republican Campaign Club on Tuesday evening," it
+continues, "Charles S. Spencer said that 'as a man of peace and one
+obedient to the laws, he would advise Senator Trumbull not to show
+himself on the streets in Chicago during the session of the National
+Republican Convention, for he feared that the representatives of an
+indignant people would hang him to the most convenient lamp-post.' And
+the meeting adopted and ordered to be sent to our Senators in Congress,
+a resolution, 'that any Senator of the United States elected by the
+votes of Union Republicans, who at this time blenches and betrays, is
+infamous, and should be dishonored and execrated while this free
+Government endures.'"
+
+The following is from the Chicago _Tribune_, May 14, 1868:
+
+     IMPEACHMENT
+
+     ... The man who demands that each Republican Senator shall
+     blindly vote for conviction upon each article is a madman or a
+     knave. Why a Senator, or any number of Senators, should be at
+     liberty to vote as conscience dictates on any of the articles,
+     provided there be a conviction on some one of them, and not be
+     at liberty to vote conscientiously unless a conviction be
+     secured, is only to be explained upon the theory that the
+     President is expected to be convicted no matter whether
+     Senators think he has been guilty or not. We have protested,
+     and do now protest, against the degradation and prostitution of
+     the Republican party to an exercise of power so revolting that
+     the people will be justified in hurling it from place at the
+     first opportunity. We protest against any warfare by the party
+     or any portion of it against any Senator who may, upon the
+     final vote, feel constrained to vote against conviction upon
+     one, several, or even all of the articles. A conviction by a
+     free and deliberate judgment of an honest court is the only
+     conviction that should ever take place on impeachment; a
+     conviction under any other circumstances will be a fatal error.
+     To denounce such Senators as corrupt, to assail them with
+     contumely and upbraid them with treachery for failing to
+     understand the law in the same light as their assailants, would
+     be unfortunate folly, to call it by the mildest term; and to
+     attempt to drive these Senators out of the party for refusing
+     to commit perjury, as they regard it, would cause a reaction
+     that might prove fatal not only to the supremacy of the
+     Republican party, but to its very existence. Those rash papers
+     which have undertaken to ostracise Senators--men like Trumbull,
+     Sherman, Fessenden, Grimes, Howe, Henderson, Frelinghuysen,
+     Fowler, and others--are but aiding the Copperheads in the
+     dismemberment of our party.
+
+From the _Nation_, May 14, 1868.
+
+     ... Can any party afford to treat its leading men as a part of
+     the Republican press has been treating leading Republicans
+     during the last few weeks? Senators of the highest character,
+     who, in being simply honest and in having a mind of their own,
+     render more service to the country than fifty thousand of the
+     windy blatherskites who assail them, have been abused like
+     pickpockets, simply because they chose to think. We have,
+     during the last week, heard language applied to Mr. Fessenden
+     and Mr. Trumbull, for instance, which was fit only for a
+     compound of Benedict Arnold and John Morrissey, and all their
+     colleagues have been warned beforehand, that if they pleaded
+     their oaths as an excuse for differing from anybody who
+     happened to edit a newspaper, they would be held up to
+     execration as knaves and hypocrites. Now, the class of men who
+     are most needed in our politics just now are high-minded,
+     independent men, with their hands clean and souls of their own.
+     Their errors of judgment are worth bearing with for the sake of
+     their character. Yet this class is becoming smaller and
+     smaller, falling more and more into disrepute. The class of
+     roaring, corrupt, ignorant demagogues, who are always on "the
+     right side" with regard to all party measures, grows apace;
+     and, if we are not greatly mistaken, if the Republican party
+     does not make short work with them before long, they will make
+     short work of it....
+
+When it became known that Grimes, Trumbull, and Fessenden would vote not
+guilty, the pressure from outside was redoubled upon others who had been
+reckoned doubtful, and especially upon Henderson, Fowler, and Ross.
+
+Even the General Conference of the Methodist Episcopal Church, then in
+session at Chicago, was called upon to lend a hand, and a motion was
+made on the 13th of May for an hour of prayer in aid of impeachment. An
+aged delegate moved to lay that proposal on the table, saying:
+
+     My understanding is that impeachment is a judicial proceeding
+     and that Senators are acting under an oath. _Are we to pray to
+     the Almighty that they may violate their oaths?_
+
+The motion to lay on the table prevailed. On the following day, however,
+Bishop Simpson offered a new preamble and resolution, omitting any
+expression of opinion that Senators ought to vote for conviction, but
+reciting that "painful rumors are in circulation that, partly by
+unworthy jealousies and partly by corrupt influences, pecuniary and
+otherwise, most actively employed, efforts were being made to influence
+Senators improperly, and to prevent them from performing their high
+duty"; therefore, an hour should be set apart in the following day for
+prayer to beseech God "to save our Senators from error." This cunningly
+drawn resolution was adopted without opposition. It was supposed to have
+been aimed at Senator Willey, of West Virginia, rather than at the
+Throne of Grace.
+
+Under the rules adopted for the trial each Senator was allowed to file a
+written opinion. That of Trumbull was the first one in the list. Among
+other things he said:
+
+     To do impartial justice in all things appertaining to the
+     present trial, according to the Constitution and laws, is the
+     duty imposed on each Senator by the position he holds and the
+     oath he has taken, and he who falters in the discharge of that
+     duty, either from personal or party considerations, is unworthy
+     his position, and merits the scorn and contempt of all just
+     men.
+
+     The question to be decided is not whether Andrew Johnson is a
+     proper person to fill the presidential office, nor whether it
+     is fit that he should remain in it, nor, indeed, whether he has
+     violated the Constitution and laws in other respects than those
+     alleged against him. As well might any other fifty-four persons
+     take upon themselves by violence to rid the country of Andrew
+     Johnson, because they believed him a bad man, as to call upon
+     the fifty-four Senators, in violation of their sworn duty, to
+     convict and depose him for any other causes than those alleged
+     in the articles of impeachment. As well might any citizen take
+     the law into his own hands and become its executioner as to ask
+     the Senate to convict, outside of the case made. To sanction
+     such a principle would be destructive of all law and all
+     liberty worth the name, since liberty unregulated by law is but
+     another name for anarchy.
+
+He then took up the articles of impeachment _seriatim_ and showed that
+they all hinged upon the removal of Stanton and the _ad interim_
+appointment of Thomas.
+
+     But even if a different construction could be put upon the law
+     [he continued], I could never consent to convict the Chief
+     Magistrate of a high misdemeanor and remove him from office for
+     a misconstruction of what must be admitted to be a doubtful
+     statute, and particularly when the misconstruction was the same
+     put upon it by the authors of the law at the time of its
+     passage.
+
+As to the charge that he (Trumbull) had already voted that the President
+had no authority to remove Stanton, he said:
+
+     Importance is sought to be given to the passage by the Senate,
+     before impeachment articles were found by the House of
+     Representatives, of the following resolutions: "Resolved by the
+     Senate of the United States, That under the Constitution and
+     laws of the United States the President has no power to remove
+     the Secretary of War and designate any other officer to perform
+     the duties of that office _ad interim_" as if Senators, sitting
+     as a court on the trial of the President for high crimes and
+     misdemeanors, would feel bound or influenced in any degree by a
+     resolution introduced and hastily passed before adjournment on
+     the very day the orders to Stanton and Thomas were issued. Let
+     him who would be governed by such considerations in passing on
+     the guilt or innocence of the accused, and not by the law and
+     the facts as they have been developed in the trial, shelter
+     himself under such a resolution. I am sure no honest man could.
+
+He concluded with these words:
+
+     Once set the example of impeaching a President for what, when
+     the excitement of the hour shall have subsided, will be
+     regarded as insufficient cause, and no future President will be
+     safe who happens to differ with a majority of the House and two
+     thirds of the Senate on any measure deemed by them important,
+     particularly if of a political character. Blinded by partisan
+     zeal, with such an example before them they will not scruple to
+     remove out of the way any obstacle to the accomplishment of
+     their purpose, and what then becomes of the checks and balances
+     of the Constitution so carefully devised and so vital to its
+     perpetuity? They are all gone. In view of the consequences
+     likely to flow from this day's proceedings, should they result
+     in conviction on what my judgment tells me are insufficient
+     charges and proofs, I tremble for the future of my country. I
+     cannot be an instrument to produce such a result, and at the
+     hazard of the ties even of friendship and affection, till
+     calmer times shall do justice to my motives, no alternative is
+     left me but the inflexible discharge of duty.
+
+Gideon Welles, under date May 16, says:
+
+     Willey, after being badgered and disciplined to decide against
+     his judgment, at a late hour last night agreed to vote for the
+     eleventh article, which was one reason for reversing the order
+     and making it the first.... Bishop Simpson, a high priest of
+     the Methodists and a sectarian politician of great shrewdness
+     and ability, had brought his clerical and church influence to
+     bear upon Willey through Harlan, the Methodist elder and organ
+     in the Senate.[108]
+
+So the managers vaulted over ten articles and began the roll-call on the
+last of the series. The vote resulted: guilty, 35; not guilty, 19. One
+less than two thirds had voted not guilty; so the President was
+acquitted on an article, the gravamen of which was the President's
+attempt to prevent Stanton from returning to office after the Senate had
+non-concurred in his removal. Sherman, Howe, and Willey had voted guilty
+on this article, but Henderson, Fowler, Ross, and Van Winkle had voted
+not guilty.
+
+The impeachers were stunned, and before they could collect their
+thoughts, the Chief Justice, in pursuance of a rule previously adopted,
+directed that the vote should now be taken on the first article. He was
+interrupted by a motion to adjourn, which he ruled out of order. An
+appeal from the decision was taken and sustained by a majority vote, and
+the Senate sitting as a court of impeachment adjourned for ten days. The
+utmost efforts and direst threats were brought to bear upon Senator Ross
+because he was believed to be weak and defenseless, but he remained
+firm. When the court reassembled on the 26th of May, the first article
+of impeachment, the one which charged the President with the high
+misdemeanor of removing Stanton from office, was jettisoned altogether,
+and votes were taken on the second and third articles, relating to the
+appointment of Thomas as Secretary _ad interim_. On both of these
+articles the result was identical in number and personnel with that on
+the eleventh article. Impeachment had failed. The court then adjourned
+_sine die_.
+
+The opposition to impeachment had some latent strength that was never
+officially disclosed. Sprague, of Rhode Island, and Willey, of West
+Virginia, attended the meetings of the Republican anti-impeachers and
+said they would vote not guilty if their votes should be needed.[109]
+The President was assured that Morgan would do the same.[110]
+
+On the same day, Edwin M. Stanton wrote a note to the President saying
+that inasmuch as impeachment had failed he had relinquished the War
+Department and had left the contents thereof in charge of the senior
+Assistant Adjutant-General. He then retired to his own home broken in
+health by hard labor and clouded in reputation by his retention of a
+place in the Cabinet in defiance of his chief. Not even success in
+maintaining his position could excuse such an act. Failure made it a
+glaring misdemeanor. An attempt has been made to shift the
+responsibility for his action to the shoulders of Sumner and his other
+backers in the Senate, who advised him to "stick." Undoubtedly they did
+so advise, and undoubtedly they believed, and persuaded him to believe,
+that it was a patriotic duty to commit a glaring breach of good manners
+and to persist in it for months; but the responsibility for such an act
+could not be assumed by other persons. Moreover, if it was a breach of
+the Constitution for the Senate to forbid the President to choose his
+own cabinet, as Stanton himself had affirmed, it was a breach of the
+Constitution for him to cooeperate with the Senate in doing so.
+
+     The glory of the trial [says Mr. Rhodes][111] was the action of
+     the seven recusant Senators.... The average Senator who
+     hesitated finally gave his voice with the majority, but these
+     seven, in conscientiousness and delicacy of moral fibre, were
+     above any average, and in refusing to sacrifice their ideas of
+     justice to a popular demand, which in this case was neither
+     insincere nor unenlightened, they showed a degree of courage
+     than which we know none higher. Hard as was their immediate
+     future they have received their meed from posterity, their
+     monument in the admiring tribute of all who know how firm they
+     stood in an hour of supreme trial.
+
+In this comment there is now general concurrence. Even Ross has been
+immortalized by his resolute adherence to what he believed to be right.
+His trial was the hardest of all, because on the one hand he had no
+accumulated reputation to fall back upon, and on the other hand he had
+the most radical state in the Union to deal with. Moreover, he was
+desperately poor, his only property being a starving country newspaper.
+Ill-luck followed him after his term expired. A cyclone struck the town
+of Coffeyville, Kansas, and scattered the contents of his newspaper
+office over the adjacent prairie. Among the Trumbull papers is an appeal
+from the local relief committee for help to start Ross's newspaper
+again, and a donation from Trumbull of two hundred dollars for this
+purpose. Some forty years later, Ross died in New Mexico, old and poor.
+He had been a soldier in the Civil War. Congress by a special act voted
+him a pension, before his death. This was a solace on the brink of the
+grave and a tribute to his fidelity to principle in a trying hour. It
+was recognized as such and applauded by the press of the country without
+a discordant note. In the award of credit for adherence to convictions
+of duty in the trial of Andrew Johnson, three other Senators have been
+for the most part overlooked, namely, James Dixon, of Connecticut, James
+R. Doolittle, of Wisconsin, and Daniel S. Norton, of Minnesota. All of
+these were elected as Republicans and all of them walked in the fiery
+furnace along with the Seven, or rather preceded them thither. The
+reason why they have been neglected by the muse of history is that they
+started two years earlier. They went to the Philadelphia Arm-in-Arm
+Convention and thus became classified as Democrats. Edgar Cowan, of
+Pennsylvania, did likewise. His term expired, however, before
+impeachment reached the acute stage. Dixon and Doolittle had served
+through Lincoln's entire term. They approved of his Reconstruction
+policy and simply adhered to it after Johnson came in. They received a
+larger share of contumely as turn-coats and outcasts than the Seven,
+because they began to earn that distinction earlier. Doolittle accepted
+political martyrdom without a murmur. The legislature of Wisconsin
+passed resolutions denouncing his support of President Johnson and his
+policy and demanded his resignation as a Senator, and these resolutions
+were presented to the Senate by his colleague, Timothy O. Howe, and were
+answered by Doolittle on the floor of the Senate in a manly way. If
+there are laurels to be distributed at this late day, he and his three
+allies are entitled to "a far more exceeding and eternal weight of
+glory."
+
+Trumbull received his quota of abuse and vilification for his vote
+against impeachment from small-minded newspapers and local politicians.
+To these it seemed an infernal shame that he had still five years to
+serve in the Senate before they could turn him out. The only reply he
+ever made in writing, so far as I know, was in a letter dated May 20 to
+Gustave Koerner, which the latter caused to be published in the
+Belleville _Advocate_, reiterating in brief the views expressed in his
+opinion as a member of the court.
+
+Fessenden's unexpired term was shorter than Trumbull's. He was read out
+of the party rather prematurely. In the autumn following his vote on
+impeachment, George H. Pendleton, of Ohio, made his appearance as a
+stump speaker in Maine supporting the Democratic policy of "paying the
+bonds in greenbacks." This was a new issue in the East, and a rather
+puzzling one everywhere. Pendleton had been a candidate for the
+presidency in the national convention on that platform, but had fallen
+somewhat short of a nomination. Fessenden was the only man within reach
+able to meet him and expose his fallacies on the stump. The party was in
+danger of losing the state. It was obliged to call for the Senator's
+help. He responded favorably, took the field and routed the Greenbackers
+completely. This was his last victory. He had been in poor health for
+some years. Overwork and over-anxiety as chairman of the Finance
+Committee during the War, and later as Secretary of the Treasury, had
+told upon a feeble frame. He died September 2, 1869, and with him passed
+away the most clairvoyant mind, joined to the most sterling character,
+that the state of Maine ever contributed to the national councils.
+Whether, if his life and health had been spared, he could have been
+reelected to the Senate, is doubtful. Gideon Welles was informed that he
+had not a friend in the Maine legislature. When his death was announced
+in the Senate, Trumbull said of him:
+
+     As a debater engaged in the current business of legislation the
+     Senate has not had his equal in my time. No man could detect a
+     sophistry or perceive a scheme or a job quicker than he, and
+     none possessed the power to expose it more effectually. He was
+     a practical, matter-of-fact man utterly abhorring all show,
+     pretension, and humbug.... But I did not rise so much to speak
+     of the great abilities and noble traits of character which have
+     made Mr. Fessenden's death to be felt as a national calamity,
+     as of the personal loss which I myself feel at his departure.
+     Only three others are now left who were here when I came to the
+     Senate, and there is but one who came with me. There has been
+     no one here since I came to whom I oftener went for counsel and
+     whose opinions I have been accustomed more to respect than
+     those of our departed friend. There were occasions during our
+     fourteen years of service together when we differed about minor
+     matters and had controversies, for the time unpleasant, but I
+     never lost my respect for him, nor do I believe that he ever
+     did for me. He was my friend more closely, perhaps, the last
+     year or two than ever before. Like other Senators I shall miss
+     him in the daily transactions of this chamber, and perhaps more
+     than any other shall miss him as the one person from whom I
+     most frequently sought advice. I am not one of those, however,
+     who believe that constitutional liberty, our free institutions,
+     or the progress of the age depend upon any one individual. When
+     the great and good Lincoln was stricken down, I did not believe
+     that the Government would fail, or liberty perish. Though his
+     loss may have subjected the country to many trials it would not
+     otherwise have had, still our Government stands and liberty
+     survives. Another has taken Mr. Fessenden's place; others will
+     soon occupy ours, to discharge their duties better, perhaps,
+     than we have done, and he among us to-day will be fortunate,
+     indeed, if, when his work on earth is done, he shall leave
+     behind him a life so pure and useful, a reputation so
+     unsullied, a patriotism so ardent, and a statesmanship so
+     conspicuous as William Pitt Fessenden.[112]
+
+Grimes had a stroke of paralysis while the impeachment trial was in
+progress, and it was feared that he could not be in his seat when the
+time for voting came, but he rallied sufficiently to be carried into the
+Senate Chamber and to rise upon his feet when his name was called. When
+he learned the nature of his malady he announced that he would not be a
+candidate for reelection. Thus he was taken out of the reach of party
+vengeance, but though as pure as ice, he did not escape calumny.
+
+John B. Henderson died while this book was passing through the press. He
+was the only one of the Seven Traitors whom the Republican party
+publicly and formally forgave. He lost his seat in the Senate as he
+expected, and he retired to private life as a lawyer in the city of St.
+Louis. Twelve years passed. Two presidential lustrums of Grant and one
+of Hayes had erased from the hearts of men the burning sensations of
+impeachment. In 1884, a convention assembled in Chicago to nominate a
+candidate of the Republican party for the presidency. I happened to be
+there. On the second day of its sitting, the Committee on Permanent
+Organization reported the name of John B. Henderson, of Missouri, for
+permanent chairman. The assembled multitude knew at once the
+significance of the nomination and gave cheer after cheer of applause
+and approval. It was the signal that all was forgiven on both sides.
+Which side most needed forgiveness was not asked.
+
+In August, 1868, all the sorrows of Trumbull's public life were
+submerged and belittled by a domestic affliction. His wife, Julia Jayne
+Trumbull, died on the 16th of that month, at her home in Washington
+City, in the forty-fifth year of her age, and was buried in the cemetery
+of her native place, Springfield, Illinois. She was the mother of six
+children, all boys, three of whom were living at the time of her death.
+
+FOOTNOTES:
+
+[103] On the 3d of August, 1868, shortly after his acquittal, Johnson
+wrote a letter to Benjamin C. Truman, his former secretary, which gives
+his estimate of Grant and throws some new light on the politics of the
+time. There is nothing to show which of the Blairs was referred to as
+giving him advice as to the make-up of his Cabinet, but it was probably
+Montgomery. He says:
+
+"I may have erred in not carrying out Mr. Blair's request by putting
+into my Cabinet Morton, Andrew, and Greeley. I do not say I should have
+done so had I my career to go over again, for it would have been hard to
+have put out Seward and Welles, who had served satisfactorily under the
+greatest man of all. Morton would have been a tower of strength,
+however, and so would Andrew. No senator would have dared to vote for
+impeachment with those two men in my Cabinet. Grant was untrue. He meant
+well for the first two years, and much that I did that was denounced was
+through his advice. He was the strongest man of all in the support of my
+policy for a long while and did the best he could for nearly two years
+in strengthening my hands against the adversaries of constitutional
+government. But Grant saw the radical handwriting on the wall and heeded
+it. I did not see it, or, if seeing it, did not heed it. Grant did the
+proper thing to save Grant, but it pretty nearly ruined me. I might have
+done the same thing under the same circumstances. At any rate, most men
+would.... Grant had come out of the war the greatest of all. It is true
+that the rebels were on their last legs and that the Southern ports were
+pretty effectually blockaded, and that Grant was furnished with all the
+men that were needed, or could be spared, after he took command of the
+Army of the Potomac. But Grant helped more than any one else to bring
+about this condition. His great victories at Donelson, Vicksburg, and
+Missionary Ridge all contributed to Appomattox." (_Century Magazine_,
+January, 1913.)
+
+[104] Rhodes, _History of the United States_, VI, 104.
+
+[105] McPherson, _Reconstruction_, p. 307.
+
+[106] _Diary of Gideon Welles_, III, 335.
+
+[107] _Diary of Gideon Welles_, III, 355.
+
+[108] _Diary of Gideon Welles_, III, 358.
+
+[109] This fact is mentioned in Dunning's _Reconstruction_, p. 107, on
+the authority of ex-senator Henderson. The latter verbally made the same
+statement to me.
+
+[110] _Century Magazine_, January, 1913.
+
+[111] _History of the United States_, VI, 156.
+
+[112] _Cong. Globe_, 1869, p. 113.
+
+
+
+
+CHAPTER XXI
+
+THE McCARDLE CASE--GRANT'S CABINET--THE FIFTEENTH AMENDMENT
+
+
+In November, 1867, General Ord, commanding the military district of
+Mississippi, arrested and imprisoned an editor named W. H. McCardle, for
+alleged libelous and incendiary publications. McCardle applied to the
+United States Circuit Court for a writ of _habeas corpus_ under the same
+act of Congress which Milligan had successfully invoked. The writ was
+granted, a hearing was had, and the prisoner was remanded to the custody
+of the military authorities. McCardle took an appeal to the Supreme
+Court. The Attorney-General of the United States, Mr. Henry Stanbery,
+decided not to appear in the case. General Grant was at this time
+Secretary of War _ad interim_, and Stanbery notified him of the pending
+case and suggested to him the propriety of employing counsel to
+represent the military authorities having McCardle in custody. As this
+was a case involving the validity of the Reconstruction laws of
+Congress, General Grant took steps to defend, and addressed a letter to
+Senator Trumbull, dated January 8, 1868, saying: "This Department
+desires to engage your professional services, for that object." Trumbull
+replied on the 11th, accepting the employment, and saying that he should
+desire to have other counsel associated with him. A few days later he
+secured the assistance of Matt. H. Carpenter, of Wisconsin. A brief was
+prepared, and both Trumbull and Carpenter made oral arguments. McCardle
+was represented by Jeremiah S. Black.
+
+Trumbull's argument was made on the 4th of March. He contended that the
+court had no jurisdiction, and that, therefore, the appeal should be
+dismissed. The legislation of Congress on the subject was as follows:
+The Act of 1789, establishing the judiciary, did not give the right of
+appeal to the Supreme Court in _habeas corpus_ cases. It was omitted in
+order to avoid lumbering the docket of the highest tribunal with petty
+details. On the 5th of February, 1867, Congress passed an act granting
+the right of appeal to the Supreme Court in such cases, in order to
+protect negroes and white Unionists in the South. The last clause of the
+act was in these words:
+
+     This act shall not apply to the case of any person who is or
+     may be held in the custody of the military authorities of the
+     United States _charged with any military offense_, or with
+     having aided or abetted rebellion against the Government of the
+     United States prior to the passage of this act.
+
+It was Trumbull's contention that McCardle fell within this exception,
+and hence that the right of appeal, so far as he was concerned, did not
+exist.
+
+Congress was in trepidation as to the outcome of the case and was
+resolved to take no chances on it. Various legislative remedies were
+proposed. One was to require a unanimous vote of the Supreme Court to
+pronounce any act of Congress unconstitutional and void. A bill
+requiring a two-thirds vote of the court in such cases actually passed
+the House on the 13th of January by yeas 116, nays 39, but it was never
+considered by the Senate. The end was accomplished, however, in a
+different way. The Senate had passed a bill of only one section,
+reported by Williams, of Oregon, from the Committee on Finance, to amend
+the code of judicial procedure in revenue cases. The House attached to
+this bill another section repealing so much of the Act of February 5,
+1867, as authorized an appeal to the Supreme Court in the class of
+cases therein named, and withdrawing from the Supreme Court jurisdiction
+as to appeals already taken. This bill passed the House March 13, 1868,
+without a division. It was taken up in the Senate on the motion of
+Senator Williams and passed by a vote of 32 to 6 the same day, although
+Senators Buckalew and Hendricks asked for an explanation of its meaning,
+which was not given to them.
+
+Although Buckalew and Hendricks did not have time to find out the nature
+of this bill, Andrew Johnson did. In due time he returned it to the
+Senate with a veto message, exposing it as a measure to deprive citizens
+of their rights under existing law and to arrest proceedings already in
+course of judicial determination. On this veto there was a debate in the
+Senate beginning on March 25, 1868, in which the Democrats, led by
+Hendricks, had decidedly the best of it. The supporters of the bill had
+very little to say for themselves. Trumbull contended that the bill did
+not affect any case then pending in the court, but in this debate he was
+worsted by Doolittle, who showed that it applied to the McCardle case.
+Trumbull and Carpenter had argued that the Supreme Court had no
+jurisdiction, since military cases were not appealable under the Act of
+February 5, 1867. The court had ruled against them because McCardle was
+arrested, not for a military, but for a civil offense. It still remained
+to be determined whether the court below had jurisdiction. Trumbull was
+confident that the Supreme Court would hold that the lower court had no
+such jurisdiction, in which case the appeal would fail and the bill
+vetoed by the President would be nugatory as to McCardle. Doolittle in
+reply showed that the bill did cut off McCardle's rights as an
+appellant, and the Supreme Court so held in the month of December
+following, when it dismissed the petition expressly on the ground that
+its jurisdiction had been withdrawn by the Act of March 27, 1868. The
+bill was passed over the veto on that date, by 33 to 9 in the Senate and
+by 115 to 34 in the House. It was partisan legislation. The Republicans
+drew a long breath after its passage because they had apprehended
+another Milligan decision, undermining, perhaps, the whole fabric of
+Congressional Reconstruction. Had not the court been deterred by the
+critical condition of public affairs, it might with perfect propriety
+have retained its jurisdiction and decided in favor of McCardle, since
+the Act of March 27 was glaringly unjust as to him. But the judges were
+intimidated by the awful pother o'er their heads and were glad of an
+excuse to drop McCardle.
+
+It was not so easy to drop Trumbull, however. He was both Senator and
+retained counsel in this case. Therefore he ought not to have used the
+former position to help his own side in the litigation. The bill did not
+originate with him, or his committee, but he voted for it twice,
+although his vote was not needed. There was a two-thirds majority
+without him. True, he maintained that the bill did not apply to
+McCardle, but most of the Senators who took part in the debate held that
+it did. In a case of doubt involving the rights of a litigant, he ought
+to have refrained from voting.
+
+Eventually he received $10,000 as compensation for legal services in
+this and one other case in which he had been retained by the War
+Department. The amount was fixed by Stanton, and was paid in part by him
+and in part by Secretary Rawlins after Grant became President. Somewhat
+later this payment became a subject of criticism in hostile newspapers;
+and inasmuch as the McCardle case had been tried during Johnson's
+Administration, it was hastily assumed that it had had some shady
+connection with Trumbull's vote of not guilty in the impeachment case.
+When it became evident that the opponents of Johnson were the ones who
+had employed him and fixed the amount to be paid, the accusers said that
+his action was contrary to law and that he ought not to have taken any
+pay at all for legal services to the Government while he was a Senator.
+This charge was made by Chandler, of Michigan, on the floor of the
+Senate, and it led to a sharp debate, in which Chandler was called to
+order by the Vice-President for using unparliamentary language.
+
+There was a law, enacted in 1808, prohibiting executive officers of the
+Government from making contracts with members of Congress, and
+prohibiting the latter from receiving payment therefor. This law did not
+apply in terms to legal services, and the presumption was that it did
+not apply to them in spirit, since there were precedents for such
+employment of members of Congress as late as 1864, when Roscoe Conkling,
+then a member of the House from New York, had been employed by the War
+Department and had been paid for the service rendered.
+
+Chandler, in the debate, quoted an opinion of Attorney-General Wirt,
+given in 1828, to the effect that although the circumstances attending
+the passage of the Act of 1808 showed that Congress was then legislating
+on contracts for carrying the mails and for the purchase of supplies and
+not for legal services, yet, in his belief, the law was broad enough to
+include such services. An opinion of an Attorney-General, however, was
+not binding on Senators.
+
+Trumbull replied that the law had been settled differently as to legal
+services, and that the only prohibition then in force was against
+Congressmen practicing for compensation in the Court of Claims or before
+the executive departments. In this contention he could hardly fail to
+be correct, since all such laws later than 1861 had emanated from, or
+had passed through, the committee of which he was chairman. The
+governing statute was the act of June 11, 1864, introduced by Senator
+Wade, in 1863. As originally drawn, it prohibited Congressmen from
+practicing for or against the Government before any court, or
+department; but the word "court" was stricken out while it was pending
+in the Senate, and this was good evidence to show what the intention of
+Congress was.
+
+Although the payment was certainly legal, it would have been better for
+Trumbull if he had not taken it. Whenever he came before the people for
+public preferment thereafter, the Chandler accusation was brought
+against him afresh and it required a new refutation.
+
+       *       *       *       *       *
+
+After the impeachment fiasco was ended, the nomination of Grant for
+President by the Republican party was inevitable--not because he was a
+Republican, but because he was the only man whom the party could
+certainly elect. Until he quarreled with Andrew Johnson, nobody knew
+which side he favored. Indeed, the Democrats, until that time, had
+looked hopefully to him as a possible candidate for themselves.
+
+The convention which nominated him was confronted by the fact that
+Congress had imposed negro suffrage on the South, while some of the
+largest Northern States had not yet adopted it, but had flatly refused
+to do so. The platform committee, therefore, reported, and the
+convention adopted, a resolution declaring:
+
+     The guaranty by Congress of equal suffrage to all loyal men at
+     the South was demanded by every consideration of public safety,
+     of gratitude, and of justice, and must be maintained, but the
+     question of suffrage in all the loyal states properly belongs
+     to the people of those states.
+
+Grant was nominated unanimously May 20, 1868, and Schuyler Colfax was
+nominated as Vice-President. The Democrats nominated Horatio Seymour for
+President and Frank P. Blair for Vice-president. In the election, Grant
+and Colfax received 214 electoral votes and Seymour and Blair 80.
+
+Grant's first Cabinet was a conglomerate which stupefied the
+politicians. For Secretary of State he named Elihu B. Washburne, of
+Illinois. Washburne had represented the Galena District in Congress
+continuously and creditably for twelve years, and was just entering upon
+a new term. He was a fellow townsman of Grant when the war broke out and
+had recommended him to Governor Yates as a military helper, and from
+that time onward had been his stanch and unwavering supporter. When
+Grant fell into disfavor after the battle of Shiloh, and almost
+everybody in Washington was clamoring against him, Washburne fairly
+roared on the other side, and contended not only that he ought to be
+retained in his place, but that he ought to be promoted to Halleck's
+place in command of all the Western armies--and here he was right. His
+personal relations with the General had been so close and his services
+so conspicuous that there was a general expectation that he would have a
+place in the Cabinet; but nobody supposed that it would be the
+Department of State, for which he was wholly unfitted. Although a man of
+ability, tenacity, and long experience in public affairs, he was
+impulsive, headstrong, combative, and unbalanced. The Department of
+State was regarded then as the premier position, where equipoise was the
+chief requisite, and this quality Washburne lacked.
+
+Grant had chosen James F. Wilson, of Iowa, as Secretary of State and
+Wilson had accepted the appointment. He had been a leading member of the
+House and chairman of its Judiciary Committee, and had been consulted by
+Grant on the most important matters connected with his duties as
+Secretary of War _ad interim_, including his correspondence with Andrew
+Johnson after he had resigned that office. Wilson had declined a
+reelection to Congress because he wished to retire from public life, and
+he accepted the appointment offered by Grant with reluctance and only at
+the urgent solicitation of the latter.
+
+Washburne had been promised the office of Minister to France. When he
+knew that Wilson was to be appointed Secretary of State, he went to
+Grant and asked that the appointment of Secretary might be conferred
+upon himself temporarily so as to give him prestige in his office as
+Minister. Grant saw no objection to this, but he asked Wilson's
+permission first. Wilson did not relish the proposition, but he
+consented, on condition that Washburne should not take any action as
+Secretary, either in the way of appointments to office or the
+announcement of policies. As soon as Washburne had been confirmed by the
+Senate, he began to make appointments and announce policies, and Grant
+did not immediately call him to order. Wilson accordingly notified Grant
+that as the conditions had been broken he would not now accept the
+office. Grant then compelled Washburne to resign. But meanwhile Wilson
+had gone to New York en route to his home in Iowa, and a messenger (A.
+D. Richardson) was sent after him by Grant to urge him to change his
+mind; he declined to do so, in terms, however, which preserved their
+friendship unimpaired.[113]
+
+"Who ever heard before of a man nominated Secretary of State merely as a
+compliment?" was Fessenden's comment on the Washburne episode.
+
+Wilson afterward served a term in the United States Senate. He was a
+good lawyer, a man of sound judgment, of probity and stability of
+character, and would have filled the office of Secretary of State
+creditably if not brilliantly. When Grant found that Wilson's purpose to
+withdraw could not be changed he offered the place to Hamilton Fish, who
+accepted it.
+
+Grant's mishaps in filling the Treasury Department were quite as droll
+as the foregoing. He first sent in the name of Alexander T. Stewart, the
+great dry-goods merchant of New York, as Secretary. Stewart was a
+Scotch-Irishman who had migrated as a young man, and had taken up the
+vocation of a school-teacher in his adopted country. Of his start in
+life he was very proud. He kept a well-thumbed copy of the New Testament
+in Greek on the centre table of his hospitable mansion, which he was
+fond of exhibiting to his guests as one of the tools of trade with which
+he began his career in America. Pedagogy, however, did not detain him
+long. He had brought some capital from the old country and he turned his
+attention to silks and muslins, and by diligence, skill, and integrity
+had reached the foremost place in the nation as a merchant, before the
+outbreak of the Civil War. His wholesale business was chiefly with the
+South, and this part of it was suddenly obliterated in 1861. Yet he
+recovered his leadership in dry goods before the war ended, and was then
+rated as third in the list of rich men in the United States, the names
+of Astor and Vanderbilt only being placed higher.
+
+Nobody knew, at the time when he was named for a place in the Cabinet,
+what political party he belonged to or favored. His most intimate
+friend and counselor was Henry Hilton, a Democratic ex-judge, potent in
+Tammany Hall. That fact, however, implied no political bias on the part
+of Stewart. Hilton was his watch-dog at the place where the local taxing
+and blackmailing power lay. Nor did Grant have any political aims or
+thought in selecting Stewart for the portfolio of the Treasury. He chose
+him because great wealth appealed strongly to the imagination of one who
+had had severe struggles with poverty, and because he reasoned that a
+man who had been very successful in his private business would
+necessarily know how to manage the public business. Both Sumner and
+Gideon Welles said that Stewart had made a gift of considerable amount
+to Grant.
+
+The nomination of Stewart was scoffed at by nearly everybody in
+Washington, but it was well received by the press and no Senator dared
+to vote against it. It was presently discovered, however, that he could
+not legally hold the office, as he was disqualified by a law of 1789,
+which provided that nobody engaged in trade or commerce, nor any owner
+of a seagoing vessel, nor any dealer in public lands or in public
+securities, should be eligible. Stewart had not been a candidate for the
+position, or for any position, but when it was offered to him, he
+thought he would like to have it, and to this end he proposed to retire
+temporarily from trade and commerce, and put his business in the hands
+of trustees for charitable use, in order to meet the requirements of
+law. The President also requested Congress to change the law so that he
+might be qualified. Congress, however, did not think it desirable to
+trim the law to fit a particular case, and Stewart did not raise his
+bid. After a week's delay the President sent in the name of George S.
+Boutwell, of Massachusetts, for Secretary of the Treasury, and he
+entered upon the duties of the office with general satisfaction.
+
+When the name of Adolph Borie was announced for Secretary of the Navy,
+everybody began to ask, Who is Borie? Even Admiral Farragut had never
+heard of him. The answer came that he was a rich man in Philadelphia who
+had entertained General Grant handsomely on some occasion when he was
+temporarily in that city. Sumner said in his speech of May 31, 1872,
+that he also had made a gift to Grant. He retained the position of
+Secretary only three months. He then resigned and recommended George M.
+Robeson, a lawyer of New Jersey, as his successor, and the latter was
+appointed. Robeson was as little known as Borie had been before he was
+appointed, but he was not the same kind of nonentity.
+
+John A. J. Cresswell, of Maryland, who became Postmaster-General, had
+been a member of Congress. If there was not much to be said for him,
+there was nothing at all to be said against him.
+
+John A. Rawlins, Grant's chief-of-staff during the war, a man of high
+character and ability, chose himself for Secretary of War, and
+communicated his preference to his chief through General James H.
+Wilson, who was on terms of intimacy with both parties. Grant received
+the communication favorably and sent the name of Rawlins to the Senate
+and here he made no mistake. But Rawlins lived less than a year after
+his appointment.
+
+The two remaining members of the Cabinet, General Jacob D. Cox, of Ohio,
+Secretary of the Interior, and E. R. Hoar, of Massachusetts,
+Attorney-General, were ideal selections. The former had been governor of
+his state and had served with distinguished valor and efficiency in the
+Civil War. The latter was a man of sparkling wit and conversational
+powers, which, however, did not outshine his solid qualities of mind
+and character. Both these men came early into collision with the "spoils
+system," which afflicted the whole of Grant's administration with
+ever-increasing virulence. Both of them fought a losing battle with it,
+as did George William Curtis, who essayed, in a humbler capacity, to
+grapple with it. All three were retired, or retired voluntarily, before
+the end of Grant's first term.
+
+       *       *       *       *       *
+
+The plank in the Republican platform forcing negro suffrage upon the
+South, but leaving it optional with the Northern States, was too brazen
+to be long maintained. Moreover, there was danger lest this right of the
+negroes should be taken from them after the Southern States should have
+recovered the right to amend their own constitutions. These things
+absorbed the attention of the Fortieth Congress during the last month of
+its existence.
+
+On January 30, 1869, the House passed an amendment to the Constitution
+by more than two-thirds majority in these words:
+
+     The right of any citizen of the United States to vote shall not
+     be denied or abridged by the United States or any state by
+     reason of race, color, or previous condition of slavery of any
+     citizen or class of citizens of the United States.
+
+In the Senate, Vickers, of Maryland, moved to amend by providing that
+the right to vote should not be denied because of participation in the
+rebellion. This was rejected by 21 to 32, but it received the votes of
+eleven Republicans, among whom were Grimes, Harlan, Trumbull, and
+Wilson. Wilson, of Massachusetts, moved to add the words "nativity,
+property, education, or creed" to the words "race or color," and this
+was adopted by 31 to 27, Trumbull voting in the negative. The House
+rejected the amendment by 37 to 133 and sent it back to the Senate,
+which, by a vote of 33 to 24, receded from its amendment. The vote was
+then taken on concurring in the House Resolution as originally
+presented, and it failed by 31 to 27, not two thirds.
+
+The Senate then took up a resolution that had been previously reported
+by the Committee on the Judiciary which was similar in terms to the one
+originally passed by the House, except that it added the words "and hold
+office" after the word "vote." The resolution was passed by 35 to 11 and
+sent to the House. Logan, of Illinois, moved to strike out the words
+"and hold office." This was defeated. Bingham, of Ohio, moved to insert
+the words "nativity, property, or creed," after the word "color." This
+was adopted by 92 to 71, and the resolution passed by 140 to 37. The
+Senate disagreed to both of the House amendments. The measure then went
+to a Conference Committee consisting of Senators Stewart, Conkling, and
+Edmunds, and Representatives Boutwell, Bingham, and Logan, who reported
+in favor of Logan's amendment and against Bingham's, and in this shape
+the resolution passed both houses by the requisite majorities. If the
+word "nativity" had been retained the Southern States could not have
+disfranchised the negroes by means of the "Grandfather Clause," as some
+of them did. Morton, of Indiana, predicted that the South would find
+means of circumventing the clause if the prohibitions were limited to
+race, color, and servitude. When Morton came to Washington as Senator he
+was bitterly opposed to negro suffrage. He was now so hot for it that he
+shared the leadership of the radicals with Sumner.
+
+The Fifteenth Amendment as finally passed by Congress, February 26,
+1869, was in these words:
+
+     ARTICLE XV
+
+     SECTION 1. The right of citizens of the United States to vote
+     shall not be denied or abridged by the United States, or by any
+     state, on account of race, color, or previous condition of
+     servitude.
+
+     SECTION 2. The Congress shall have power to enforce this
+     article by appropriate legislation.
+
+It was declared ratified by the legislatures of twenty-nine states on
+March 30, 1870. Ohio at first rejected, but later ratified it. New York
+at first ratified, but later reconsidered and rejected it.
+
+FOOTNOTES:
+
+[113] Mr. Wilson communicated these facts to me at the time of their
+occurrence, and the correctness of this narrative has been confirmed by
+Major-General Grenville M. Dodge, who was then in close communication
+with both parties.
+
+
+
+
+CHAPTER XXII
+
+CAUSES OF DISCONTENT
+
+
+     It looks at this distance as though the Republican party was
+     "going to the dogs"--which, I think, is as it should be. Like
+     all parties that have an undisturbed power for a long time, it
+     has become corrupt, and I believe that it is to-day the [most]
+     corrupt and debauched political party that has ever existed....
+     I have made up my mind that when I return home I will no longer
+     vote the Republican ticket, whatever else I may do.
+
+So wrote James W. Grimes to Trumbull under date of Heidelberg, July 1,
+1870. Grimes had had a stroke of paralysis while the impeachment trial
+was going on, but had rallied sufficiently to be carried into the Senate
+to vote not guilty on every article on which a vote was taken, and to
+give his reasons for doing so. He shortly afterwards resigned his seat,
+announced his retirement from public life, and went to Europe with his
+family. He was a native of the Granite State, a man of granite mould, of
+unblemished character, undaunted courage, keen discernment, and untiring
+industry. In Newspaper Row he was styled "Grimes the Sturdy"--a title
+bestowed upon him by Adams Sherman Hill, then on the Washington staff of
+the New York _Tribune_, and later Professor of Rhetoric in Harvard
+University.
+
+Grimes's estimate of the Republican party in 1870 was widely shared.
+Reconstruction, measured by the results of five years, was a failure,
+being a confused medley of ignorant negro voters, disfranchised whites,
+disreputable carpet-baggers, and corrupt legislatures. The civil service
+was honeycombed with whiskey rings, custom-house frauds, assessments on
+office-holders, nepotism, and general uncleanness. President Grant had
+transferred his army headquarters to the White House. When he wanted to
+have anything done in which he felt a deep interest, he chose an
+aide-de-camp for the purpose instead of a civilian, and he never dreamed
+that anybody would be surprised or vexed when he sent Major Babcock to
+San Domingo to negotiate a treaty for the purchase of that country for
+the sum of $1,500,000, without the knowledge of the Secretary of State
+or any member of the Cabinet. He called at Sumner's house to secure his
+support for the ratification of the treaty, found him dining with John
+W. Forney and Ben Perley Poore, and had a hasty talk with him about a
+treaty concerning San Domingo, no details being mentioned. He addressed
+Sumner as chairman of the Judiciary Committee, to which he supposed it
+would be referred, and hoped Sumner would approve of the treaty. Sumner
+replied that he was an Administration man and that he would give very
+careful and candid consideration to anything which the President
+desired.
+
+This was the beginning of an Iliad of woes. Grant understood Sumner's
+answer as a promise to support the treaty, whereas Sumner meant no more
+than his words signified, that he would consider it on its merits, but
+in a friendly spirit. It was not his custom to promise to support
+treaties before seeing them. When he came to consider this one, he found
+that he could not support it. Not only was Sumner's judgment adverse,
+but that of the press and other organs of public opinion was decidedly
+so. The treaty was rejected by a tie vote (two thirds being required to
+ratify). Grant put all the blame of rejection on Sumner. He thought that
+the latter had broken a promise and intentionally deceived him. He
+marked Sumner for destruction, and determined to have the treaty
+ratified in spite of him, if possible. A commission of investigation had
+been authorized by Congress, after the rejection of the treaty, to visit
+San Domingo, and report upon the advisability of the purchase. This was
+by way of letting the President down easy rather than with any serious
+purpose of carrying out his wishes. The commission consisted of Benjamin
+F. Wade, Andrew D. White, and Samuel G. Howe. While it was at work steps
+were taken to reorganize the Senate Committee on Foreign Relations.
+
+Who prompted that movement was never divulged, but the attempt and its
+failure were narrated somewhat later by Senator Tipton, of Nebraska, in
+open Senate, without contradiction. Tipton said that at the beginning of
+the Third Session of the Forty-first Congress, a motion was made in the
+Republican Senate Caucus to depose Sumner from the chairmanship of the
+committee and to remove Schurz, of Missouri, and Patterson, of New
+Hampshire, from membership altogether.[114] All three had voted against
+San Domingo. The motion had been negatived at that time, but the purpose
+had not been abandoned.
+
+The second vote on deposing Sumner took place in the Senate March 10,
+1871, on a report made by Senator Howe, of Wisconsin, from the
+Republican Caucus, for the assignment of committees for the First
+Session of the Forty-second Congress. The Committee on Foreign
+Relations, as reported, had the name of Cameron as Chairman, and Sumner
+was not even a member of it. Then a debate began on the unusual step
+taken by the caucus committee in deposing Sumner, without his own
+consent, from a place which he had held acceptably during all the time
+that the Republicans had controlled the Senate. Wilson, Schurz, Logan,
+Tipton, and Trumbull spoke against the action of the Caucus Committee.
+Trumbull said:
+
+     I am not the special friend of the Senator from Massachusetts.
+     He and I, during our long course of service here, have had
+     occasion to differ, and differ, I am sorry to say,
+     unpleasantly. But, sir, that will not prevent me from trying to
+     do justice to the Senator from Massachusetts. I stood by him
+     when he was stricken down in his seat by a hostile party, by
+     the powers of slavery. I stand by him to-day when the blow
+     comes, not from those who would perpetuate slavery and make a
+     slave of every man that was for freedom, but comes from those
+     who have been brought into power as much through the
+     instrumentality of the Senator from Massachusetts as of any
+     other individual in the country.
+
+     But, sir, this question has been brought before us, and what
+     shall we do? I tried to avoid it. I have appealed to my
+     associates and I have said to them: "We are very much divided;"
+     I say to them now: "We are very much divided." A few votes one
+     way or the other constitute the majority in the Republican
+     party; now is it desirable, is it best, to force such a change
+     with such an opposition as has manifested itself here? What is
+     to be gained by it? I will not undertake to warn the Republican
+     party of the consequences.... I would that this debate had not
+     occurred, that we could have paused at the outset when we saw
+     this difference of opinion, and that there could have been some
+     concession even to those in the minority which would have
+     avoided this state of things.
+
+Senator Sherman deprecated the action of the majority. He regarded the
+change "unjustifiable, impolitic, and unnecessary," yet he offered
+Sumner advice, like that of a doctor to a child respecting a dose of
+castor oil--to throw his head back and take it off quick, because it
+would do him good, thus:
+
+     Therefore, while I feel bound to utter my opinion that this is
+     an unwise proceeding, made without sufficient cause, yet in my
+     judgment it ought not to be debated here. It is settled; and
+     if my honorable friend from Massachusetts, the senior senator
+     in this body, wishes to add another good work in his services
+     to his country, in his services to the Republican party, he
+     cannot do better than rise in his place and say that, if for
+     any reason, whether sufficient or insufficient, a majority of
+     his political associates think it better for him to retire from
+     this position, he yields gracefully to their wish; and I tell
+     him that a new chaplet will crown his brow, and when his
+     memoirs are written this will be regarded as one of the
+     proudest opportunities of his life.[115]
+
+Tipton let the cat out of the bag again by reading from some notes he
+had made of the proceedings of the caucus of the previous day. He said
+that Senator Howe in the caucus had defended the action of the committee
+in displacing Sumner, on the ground that the Committee on Foreign
+Relations was not in harmony with the Senate on the subject of San
+Domingo, and that in order to correct this disagreement a change was
+necessary; whereas Mr. Howe, and all the others who were for displacing
+Sumner, now contended that San Domingo had nothing to do with it. Tipton
+begged leave to say also that Howe was wrong in his contention that the
+Committee on Foreign Relations was not in harmony with the Senate, the
+vote on the treaty having been 28 to 28 (a tie vote operated as a
+negative). In other words, the Senate had sustained the committee, and
+there was no disagreement to be rectified.
+
+Thereupon Sherman called Tipton to order for divulging the secrets of
+the caucus, and Tipton replied that he had read all the proceedings of
+the caucus in the morning papers, including the names of the Senators in
+the call of the yeas and nays, 26 to 21, and that there was only one
+error in the whole report and that a trifling one. Sherman retorted that
+perhaps Tipton had furnished the report to the newspapers, but the
+latter denied it. Sherman then insisted that the newspaper report
+carried no weight unless confirmed by a Senator. He made the charge also
+that Tipton had been guilty of divulging the vote on the treaty, taken
+in executive session. To this charge Tipton could make no defense, but
+he contended that it had done no harm. The discussion was continued till
+a late hour, the report of the Caucus Committee being supported in
+debate chiefly by Edmunds and Morton. The latter affirmed that San
+Domingo did not enter into the question of displacing Sumner
+now--implying that it might have been the bone of contention earlier.
+Morton's statement was technically true. The original disagreement
+between Sumner and the President had been so overlaid with fresh
+material that it was now relatively unimportant. Moreover, the Senate
+had no intention of ratifying the annexation treaty even if the Benjamin
+Wade Commission should so recommend--as it did. Morton himself had no
+such intention.
+
+I happened to be in Washington at this juncture and was dining with the
+late Senator Allison (then a member of the House), on the evening before
+the report was presented. He informed me of the posture of affairs, said
+that Sumner was to be deposed, and that Senator Howe had been designated
+to report a resolution to that effect. He regarded the situation as
+fraught with peril to the Republican party. I suggested that he and I
+should call upon Senator Howe and endeavor to prevent or perhaps delay
+the proposed step. Allison assented. So we went to Howe's apartments,
+found him at home and alone, and we labored with him till past midnight,
+seeking in a friendly way to change his purpose, but without avail. He
+could not be moved. While we were returning, Allison said that Grant
+must have played his last trump to break the custom of the majority in
+the Senate, never to displace a member without his own consent. After
+the deed was done, I called upon Sumner and had a conversation with him
+on the subject. He said that the most puzzling thing to him was the part
+taken by Senator Anthony, of Rhode Island, in the affair. Anthony was
+chairman of the caucus. He appointed the Committee on Committees.
+Anthony was his friend, a very close friend. He ought to have known
+beforehand the purposes of the majority, especially since an attempt to
+displace him had been made at the previous session. Was Anthony himself
+deceived, or was he a party to the transaction? That was the puzzling
+question.
+
+When the vote was taken on Howe's report, it was adopted by a large
+majority. The dissentients withheld their votes, as they did not choose
+to bolt the decision of the caucus when bolting could accomplish
+nothing. The result was a fresh grievance added to the growing stock of
+discontent.
+
+The President's first blow at Sumner had been the removal of his friend
+Motley from the position of Minister to England. A request for Motley's
+resignation was sent on July 1, 1870, but he did not comply with it. In
+the mean time the position was offered to Trumbull in the following
+letter:[116]
+
+    DEPARTMENT OF STATE, WASHINGTON,
+
+    _Confidential_.
+
+    GARRISONS, August 5th, 1870.
+
+    MY DEAR JUDGE,
+
+     The President desires me to ask if it will be agreeable to you
+     to accept the Mission to London; if so, he is desirous of
+     securing to the country the value of your important service and
+     your experience and ability. I hope most sincerely that it will
+     meet your views to accept this Mission, now more than before
+     important. The events now happening and threatening in Europe
+     require the presence in London of a representative of ability,
+     of firmness, of learning, and of calm self-possession--and your
+     exceptional possession of these requisites has led to the very
+     strong desire of the President and myself that you would
+     undertake the duties of the position. I do not know that we are
+     on the eve of the settlement of our questions with Great
+     Britain, but there are reasons to justify the hope that _very
+     important_ questions may be adjusted within the term of whoever
+     may succeed Mr. Motley. The complications of European politics
+     are favorable and add to the evident desire of the British
+     Ministry to dispose of all questions between the two countries.
+     Can you come here and pass a day with me? I can tell more than
+     I can write. I sincerely hope that you can give a favorable
+     answer; for reasons which you will understand the President
+     desires that this communication be considered _confidential_,
+     at least for the present. Please let me have your answer as
+     soon as you conveniently can.
+
+    Very faithfully yours,
+
+    HON. LYMAN TRUMBULL, HAMILTON FISH.
+    U.S. SENATOR,
+    KINGSTON, ULSTER CO., N. Y.
+
+No written answer to this letter has been found. A verbal one was given
+at the interview which Mr. Fish invited. Trumbull declined the
+appointment because he preferred to remain a Senator rather than to be a
+diplomat. Probably he became acquainted at this time with Secretary
+Fish's intention to move for a settlement of our differences with Great
+Britain: for in a speech made at Chicago on the 2d of November
+following, on "Coming Issues," he discussed the subject of our claims
+against that country at considerable length. In this speech he
+maintained that we could justly ask for payment of the losses sustained
+by the depredations of the Alabama and other British-built cruisers, and
+that we had a still deeper grievance, although one not computable in
+dollars and cents, growing out of the demand made upon us for the
+surrender of the rebel envoys, Mason and Slidell, who were captured on
+board the steamship Trent at the beginning of the Civil War. He showed
+by the established rules of international law, affirmed by British
+precedents and practice, that persons, papers, and materials in the
+enemy's service were alike contraband and subject to capture in neutral
+vessels on the high seas.[117]
+
+Another "coming issue" referred to in this speech was the endeavor to
+break up and abolish the iniquitous system by which the appointment of
+thirty-five thousand officers and clerks of the National Government was
+made part of the patronage of politicians; and to carry out the
+principles of civil service reform in which these appointments should be
+made after competitive examinations so as to secure officers of "the
+highest fitness, honesty, and capacity." In his argument in favor of
+this reform he instanced the experience of General J. D. Cox, Secretary
+of the Interior, who had found it necessary to resign his office because
+he could not purge his own department of spoilsmen and incompetents
+foisted upon him by Senators and Representatives. Cox's resignation had
+caused intense indignation when the reasons for it leaked out. President
+Grant had pledged himself to the reform of the civil service and had
+appointed a competent commission to carry on the work, and was really
+desirous that it should succeed, but he was not willing to fight for
+it. So when Congressmen fought against it he yielded and put the blame
+upon them. And the last state of it was worse than the first. "No point
+in Trumbull's speech," says the newspaper account of it, "was more
+significant than his endorsement of Secretary Cox's civil service
+reform, and the enthusiastic cheering with which the large audience
+unanimously greeted this endorsement."
+
+Attorney-General Hoar had retired from public life some months earlier
+and for much the same reason. He had made several selections to fill
+vacancies on the bench of the Circuit Court with an eye single to the
+character and legal attainments of the judges, and had thereby incurred
+the enmity of most of the Republican Senators, who wanted to dictate the
+appointments. It happened at this time that the President was trying to
+win support for the San Domingo Treaty, and he found, or supposed, that
+the votes of certain carpet-bag Senators could be obtained if he would
+give them a member of the Cabinet. In order to create a vacancy he
+nominated Attorney-General Hoar as a justice of the Supreme Court. The
+nomination was referred to the Judiciary Committee of the Senate,
+consisting of Trumbull, Edmunds, Conkling, Carpenter, Stewart, Rice (of
+Arkansas), and Thurman. Six of these voted against Hoar. The only
+affirmative vote was that of Trumbull.[118]
+
+After Hoar was rejected, the President asked for his resignation as
+Attorney-General without assigning any reason therefor, and when it was
+handed to him he appointed an obscure but respectable lawyer from
+Georgia of the name of Akerman as Attorney-General, to please the
+carpet-baggers; but this move did not secure a sufficient number of
+votes to ratify the treaty, nor was it ever ratified.
+
+FOOTNOTES:
+
+[114] _Cong. Globe_, March 10, 1871, p. 48.
+
+[115] _Cong. Globe_, 1871, p. 51.
+
+[116] E. L. Pierce, in his _Life of Sumner_, says that the position was
+first offered to Frelinghuysen, of New Jersey, and that he was confirmed
+by the Senate on the last day of the session. Evidently he did not
+accept it.
+
+[117] Mr. Charles F. Adams has shown in a recent essay that the British
+Ministry were perfectly aware that the capture of Mason and Slidell was
+justifiable by British custom and precedent, but that public opinion was
+so inflamed on the subject that they were swept off their feet, and
+could not have faced Parliament an hour if they had not demanded the
+surrender of the prisoners. On the other hand, our practice and
+precedents were directly opposite. The American doctrine was "free ships
+make free goods" and _a fortiori_ free persons, but so inflamed was
+public opinion on this side of the water that the British demand for the
+surrender of the prisoners would have been refused even at the risk of
+war, if we had not had one war on hand already. Both nations "flopped"
+simultaneously. _The Trent Affair--an Historical Retrospect._ By Charles
+Francis Adams. Boston, 1912.
+
+[118] Washington letter in the _Nation_, January 6, 1870.
+
+
+
+
+CHAPTER XXIII
+
+THE LIBERAL REPUBLICANS
+
+
+The Liberal Republican movement of 1872 took its start in Missouri.
+During the war between the states, Missouri had been a prey to a real
+civil war, in which much blood had been spilled, and where churches,
+communities, and particular families had been torn asunder. In the
+agricultural districts and small towns, which were nine tenths of the
+whole, nobody, whether Secessionist, or Unionist, or neutral, could feel
+certain, when he went to bed, whether he should sleep till morning, or
+be awakened after midnight by a guerilla raid or a burning roof. The
+contending forces were not unequally divided. The Confederates were the
+stronger half in wealth and influence, although not in numbers, but the
+proximity of the Federal armies and their actual occupation of the soil
+gave a preponderance to the Unionists and strangled secession in its
+infancy. When the war came to an end, all the heart-burning that it had
+engendered was still raging. Not only were the Republicans in power, but
+the most radical of them had control within the party. Lincoln was not
+sufficiently advanced for them. They had refused to vote for his
+renomination in the Convention of 1864.
+
+In the state constitution, adopted in 1865, disfranchisement and test
+oaths abounded. In the succeeding four years there had been a gradual
+slackening of recrimination and intestine strife; and a line of cleavage
+broke in the Republican ranks in 1869 which resulted in the election of
+General Carl Schurz as United States Senator, on the issue of
+reenfranchisement of the ex-rebels. The leader of the "party of eternal
+hate," as it was styled by its opponents, was Charles D. Drake, his
+colleague in the Senate. The seat taken by Schurz was that formerly held
+by John B. Henderson, who had lost it by his vote against impeachment.
+
+Schurz was a torch-bearer wherever he went, and his entry into the
+Senate gave a new impetus to the party of peace and amnesty not only in
+his own state, but throughout the country. In the autumn of 1870 a
+battle royal was fought in Missouri, beginning in the Republican state
+convention, which was split on the issue of reenfranchisement. The
+Liberals, under the lead of Schurz, nominated a full state ticket with
+B. Gratz Brown for governor. The radicals nominated Joseph McClurg for
+governor and a full ticket. The Democrats made no nominations, but
+supported the Liberal nominees. The election resulted in a sweeping
+victory for the Liberals. The platform on which Brown was chosen
+declared that the time had come "for removing all disqualifications from
+the disfranchised people of Missouri and conferring equal political
+rights and privileges on all classes." The other platform favored
+reenfranchisement "as soon as it could be done with safety to the
+state."
+
+Both sections adopted a resolution saying: "We are opposed to any system
+of taxation which will tend to the creation of monopolies and benefit
+one industry at the expense of another." This was interpreted by the
+_Missouri Democrat_, the leading Republican newspaper of the state, as
+an anti-tariff deliverance. Its editor, Colonel William M. Grosvenor,
+was a party organizer of keen intelligence and tireless activity, as
+effective in his own field as Schurz was in his. He was a free-trader,
+and he gave the first impulse which brought the revenue reformers of
+that period as a distinctive element into the Liberal movement. The
+only organization then existing which offered any resistance to the
+demands of the protected classes was the New York Free-Trade League, of
+which Mahlon Sands was secretary. On the 10th of November, Sands sent
+out an invitation to persons whom he took to be like-minded with
+himself, including Carl Schurz, David A. Wells, Jacob D. Cox, William
+Cullen Bryant, E. L. Godkin, Charles F. Adams, Jr., General Brinkerhoff,
+Edward Atkinson, and others to a conference to be held in New York on
+the 22d of that month. The declared object of this meeting was "to
+determine whether an effort may not, with advantage, be made to control
+the new House of Representatives by a union of Western Revenue Reform
+Republicans with Democrats." The meeting took place at the date
+mentioned and received the following notice in the _Nation_ of December
+1:
+
+     There has been a good deal of activity among the Revenue
+     reformers during the week. On the 23d ult. they held a private
+     meeting in this city, which was attended by Mr. D. A. Wells,
+     Mr. George Walker, Mr. Horace White, of the Chicago _Tribune_,
+     Mr. Bryant, Mr. Bowles, of the Springfield _Republican_, and
+     others, and at which, after a good deal of talk, the conclusion
+     was reached that things were looking very well; that the
+     legislative debates of the coming winter would, under the
+     influence of the late elections, probably do a great deal to
+     educate the public and prepare the monopolists and jobbers for
+     what is certainly coming; and that the question of civil
+     service reform was closely connected with that of the reform of
+     the revenue, and ought to be discussed and pushed with it; and
+     it was resolved finally to charge a committee with the work of
+     looking after the interest of both in a general way during the
+     winter, with power to make arrangements for the calling of a
+     national convention in the spring, in case the course of
+     Congress proved unsatisfactory. The usual distribution of
+     "British gold" did not take place, it must be confessed to the
+     regret of all present. Indeed, the desire for it, and as much
+     of it as possible, was avowed with the greatest effrontery. The
+     open display of such feelings at a reform meeting was a
+     curious sign of the times. Why the British should have cut off
+     the supply was not explained, but we presume they were unable
+     to withstand the repeated exposures in the _Tribune_, which
+     have doubtless made Minister Thornton wince a little.
+
+The Speaker of the House, James G. Blaine, got wind of the Sands
+circular and sought an interview with myself, coming to Chicago for that
+purpose. He said that he recognized the drift of public sentiment on the
+tariff question, that he desired to avert anything like a split in the
+Republican ranks, and that he intended to give the tariff reformers a
+majority of the Committee on Ways and Means in the new Congress. He
+submitted that they could not gain more than that by a fight, and that
+it was the part of wisdom to be satisfied with that. He said that he
+would allow us to name two Republican members who, in conjunction with
+the Democrats, would constitute a majority. I reported this fact to the
+members of the New York Conference and it was agreed that no other steps
+should be taken in reference to the organization of the House. G. A.
+Finkelnburg, of Missouri, and H. C. Burchard, of Illinois, were selected
+as our preference for membership of the committee. The names were
+communicated to Blaine and they were appointed by him. He even went
+beyond his promise by prompting his friends on the floor to favor tariff
+reform. Eugene Hale, of Maine, was especially zealous in this behalf. He
+introduced a bill to make salt free of duty, and accepted an amendment
+putting coal in the same category and advocated it with earnestness and
+ability and carried it through the House, but it was strangled in the
+Senate. Dawes, of Massachusetts, a protectionist, was made chairman, but
+the majority of the committee was against him. Protection, at that time,
+meant the highest rate of duty on imports that anybody desired, and
+free trade meant any opposition to protection as thus interpreted. These
+definitions are not wholly obsolete at the present day.
+
+In the eyes of President Grant the Liberal movement in Missouri was
+something in the nature of a new rebellion, and most of the Republican
+politicians shared his views. The necessity of keeping the party in
+power by fair means or foul had become a kind of religious tenet. The
+spectre of a solid South and a divided North had been terrifying from
+the start. What would happen if the example of Missouri should
+overspread all of the reconstructed states? Seymour had carried New York
+and New Jersey in the last election. The solid South added to these
+would have made him President of the United States. No wonder that such
+Senators as Morton, Chandler, Conkling, and the Southern carpet-baggers,
+at the opening of Congress in December, 1870, gave a chilling reception
+to all who had taken part in the Liberal campaign of Missouri, or who
+sympathized with it. Anything in the nature of investigation of frauds,
+or of reform in the civil service, was frowned upon by them. All who
+favored such steps were accused of seeking to split the party and build
+a new one upon its ruins. This was a false accusation. The
+Administration could have averted the coming revolt by removing its
+causes. The _Nation_ of December 8, 1870, said with truth:
+
+     What has been taken for a desire or design to found a new party
+     has been simply a design to make the old party attend to the
+     proper business of the party in power, by legislating for the
+     necessities of the time. There is a strong disposition on the
+     part of the old hacks not to do this, but to go on infusing
+     "economy and efficiency in the collection of the revenue," and
+     nothing would please them better than that those who are not
+     satisfied with this should take themselves off and try to
+     establish a little concern of their own, and give no further
+     trouble. We believe the intention of the malcontents, however,
+     is, and always has been, to stay where they are and give all
+     the trouble they can. Whenever the time comes to establish a
+     new party, it will make its appearance, whether anybody charges
+     himself with the special work of getting it up or not.
+
+Among the sources of discontent disfranchisement was the most pressing,
+since it was believed to be the chief cause of the shocking conditions
+in the South. Other things could wait. This was the "house-on-fire"; it
+must be put out at once. The Liberals said that universal amnesty with
+impartial suffrage was the true cure. The ruling powers at Washington
+maintained that the Southern whites were still rebellious and that a new
+law, backed by adequate military power, was needed to deal with the
+Ku-Klux Klans, which were terrorizing the blacks in order to prevent
+them from voting. The President sent a special message of twenty lines
+to Congress on March 23, calling attention to this condition of affairs
+and recommending some action, he did not say what. The brevity and
+indecision of it betokened reluctance on his part to send any message at
+all. Congress, however, took the subject in earnest and passed the
+Ku-Klux Bill of 1871, which authorized suspension of the writ of _habeas
+corpus_ and the employment of military force in dealing with the Ku-Klux
+outrages. Trumbull and Schurz opposed the bill by speech and by vote,
+the former on the ground of unconstitutionality, the latter chiefly on
+the ground of impolicy, although he also considered it unconstitutional.
+Trumbull contended that the Constitution never contemplated that the
+ordinary administration of criminal law in the states should be in the
+hands of the Federal Government and that the Fourteenth Amendment did
+not change the lodgment of that power from the state to the federal
+authorities. He did not make a set speech on the bill, but in an
+impromptu debate he said:
+
+     Show me that it is necessary to exercise any power belonging to
+     the Government of the United States in order to maintain its
+     authority and I am ready to put it forth. But, sir, I am not
+     willing to undertake to enter the states for the purpose of
+     punishing individual offences against their authority committed
+     by one citizen against another. We, in my judgment, have no
+     constitutional authority to do that. When this Government was
+     formed, the general rights of person and property were left to
+     be protected by the states and there they are left to-day.
+     Whenever the rights that are conferred by the Constitution of
+     the United States on the Federal Government are infringed upon
+     by the states, we should afford a remedy.... If the Federal
+     Government takes to itself the entire protection of the
+     individual in his rights of person and property what is the
+     need of the State Governments? It would be a change in our form
+     of Government and an unwise one, in my judgment, because I
+     believe that the rights of the people, the liberties of the
+     people, the rights of the individual, are safest among the
+     people themselves, and not in a central government extending
+     over a vast region of country. I think that the nearer you can
+     bring the administration of justice between man and man to the
+     people themselves, the safer the people will be in their rights
+     of person and property.[119]
+
+He objected also to the clause of the bill authorizing the President to
+suspend the writ of _habeas corpus_, as in conflict with the clause of
+the Constitution which limits suspension to cases of invasion or
+rebellion where the public safety requires it. There was no present
+invasion to justify it and no rebellion in the proper definition of that
+term. He quoted authorities showing that rebellion meant an armed
+uprising against the Government, such as existed in 1861 and continued
+till the end of the war. No such condition existed now.
+
+Schurz's speech, delivered on the 14th of April, was a masterpiece of
+political philosophy, not inferior to anything in the orations of Edmund
+Burke. It was a plea for the abrogation of all political disabilities.
+It occupies three pages of the _Congressional Globe_. Among other things
+he said:
+
+     On the whole, sir, let us not indulge in the delusion that we
+     can eradicate all the disorders that exist in the South by
+     means of laws and by the application of penal statutes. Laws
+     are apt to be especially inefficacious when their
+     constitutionality is, with a show of reason, doubted, and when
+     they have the smell of partisanship about them; and however
+     pure your intentions may be (and I know they are), in that
+     light a law like this, unless greatly modified, will appear
+     suspicious. If we want to produce enduring effects there, our
+     remedies must go to the root of the evil; and in order to do
+     that, they must operate upon public sentiment in the South. I
+     admit that in that respect the principal thing cannot be done
+     by us: it must be done by the Southern people themselves. But
+     at any rate, we can in a great measure facilitate it.[120]
+
+Edmunds and Carpenter, of the Judiciary Committee, held that the
+Fourteenth Amendment of the Constitution gave power to the federal
+authorities to enforce the ordinary criminal law as between persons in
+the states. Some years later a case, arising under this Ku-Klux Law in
+Tennessee, reached the Supreme Court, where it was pronounced
+unconstitutional and void. The court held that the three latest
+amendments of the Constitution prohibited the states from discriminating
+against citizens on account of race or color, but did not change the
+administration of the criminal law in the states. That jurisdiction
+remained with the states exclusively. Here Trumbull's position was
+sustained almost in his own words.[121]
+
+While the Ku-Klux Act was doing its work in South Carolina under
+suspension of the _habeas corpus_, the Senate on December 20, 1871, took
+up a bill which had passed the House by more than two-thirds majority to
+remove the legal and political disabilities imposed by the Fourteenth
+Amendment, except in a few cases. Sumner moved as an amendment a bill
+which he had previously offered as a separate measure, that all
+citizens, without distinction of race or color, should have equal rights
+in steamboats, railway cars, hotels, theatres, churches, jury service,
+common schools, colleges, and cemeteries, whether under federal or State
+authority. Trumbull, and the two Senators from South Carolina, besought
+him not to encumber the Amnesty Bill, which required a two-thirds vote,
+with the Equal Rights Bill which required only a majority, since they
+believed that both could be passed separately, but that if his bill were
+tacked upon the Amnesty Bill, both would fail. Sumner insisted upon his
+amendment, and a vote was taken on it, February 9, resulting in a tie
+(Trumbull and Schurz voting in the negative), whereupon the
+Vice-President (Colfax) voted in the affirmative. The Sumner amendment
+having been adopted, all the Democrats turned against the bill and it
+was lost by 33 to 19, not two thirds.
+
+A second attempt, beginning in the House, had the same result. When the
+bill was taken up in the Senate Sumner again moved his Equal Rights Bill
+as an amendment, and it was again adopted by the casting vote of the
+Vice-President, and then the whole was lost by 32 to 22.
+
+In the mean time the Liberal Republican Convention had met at Cincinnati
+and adopted a platform very emphatic on the subject of amnesty. A sudden
+change came over the spirit of the regulars. The Amnesty Bill was
+reintroduced in the House by General Butler, May 13, and passed the
+same day without debate. It was taken up in the Senate, May 21. Sumner's
+Equal Rights Bill, when offered in a modified form as an amendment, was
+rejected by 11 to 81, and the bill was passed the same day by 38 to 2,
+the negatives being Sumner and Nye.
+
+FOOTNOTES:
+
+[119] _Cong. Globe_, 1871, pp. 578-79.
+
+[120] _Cong. Globe_, 1871, p. 688.
+
+[121] United States _v._ Harris, 106 U.S. 629.
+
+
+
+
+CHAPTER XXIV
+
+GRANT'S ADMINISTRATION
+
+
+The demerits of the first Grant Administration were the principal cause
+of the Liberal uprising of 1872. They were enumerated in detail by
+Charles Sumner in open Senate, on May 31 of that year. They need not be
+reiterated here. I have no inclination to rake over the ashes of a dead
+controversy or to detract from the fame of one who rendered inestimable
+service to the nation in its greatest crisis, without which all other
+service might have been unavailing. At the same time, the thread of this
+narrative requires some notice of the stings planted in the minds of
+sensitive persons, who were not seeking office, by the man who was then
+the nation's head.
+
+Grant's shortcomings in civil station were such as might have been
+expected from one who was suddenly charged with vast responsibilities
+without his own solicitation or desire and without any previous
+experience or training for them. His most striking characteristic was
+tenacity. Whether on the right track or on the wrong, he was deaf and
+blind to obstacles and opposition, because there was resistance to be
+overcome. This quality was reflected in his determination "never to
+desert a friend under fire"--a maxim more generous than wise, fitter for
+the field than for the forum, and which in his last days brought
+misfortunes to his own door which were lamented by everybody.
+
+The Republican politicians nominated him for President, not because they
+deemed him qualified for the position, but because of his military
+renown. He was elected at a time when military habits and modes of
+thought were the worst possible equipment for the solution of political
+problems. Nevertheless, he rendered great service on two occasions--in
+the settlement of the Alabama Claims and by vetoing the Currency
+Inflation Bill. In both these cases he was much indebted to Hamilton
+Fish, his Secretary of State, but the credit is justly his own and the
+fame thereof will outlast all the scandals that arose from his
+confidence in, and association with, such characters as Orville Babcock,
+John McDonald, Ben Butler, W. W. Belknap, and Tom Murphy.
+
+The rottenness of the New York Custom-House was a crying evil before
+Grant became President, and its flavor was not improved by the
+appointment of Murphy as its chief officer. It was crammed with men who
+"had to be taken care of," whose work was not needed by the Government,
+and who were incompetent even if it had been needed--small politicians,
+district leaders and "heelers," who were useful in carrying primaries
+and getting delegates elected to conventions. A Joint Committee on
+Retrenchment, organized as early as 1866 and kept alive by every
+subsequent Congress, had been investigating frauds and abuses in various
+quarters. Its chairman, Senator Patterson, of New Hampshire, made a
+report early in 1871 containing many interesting disclosures.
+
+On December 11, Senator Conkling offered a resolution directing the
+Committee on Military Affairs to inquire into the defalcation of an army
+paymaster named Hodge. Trumbull moved as an amendment that the Joint
+Committee on Retrenchment be reconstituted and instructed to make a
+general investigation of the waste and loss of money in the public
+service. A debate sprang up on the proposed amendment, which continued
+for a week and aroused keen interest throughout the country. Wilson,
+the chairman of the Military Committee, sustained the amendment, saying
+that the Hodge case did not appertain to military matters, but to
+finance, to the handling of public money. Sumner took the same view.
+Chandler objected to a joint committee with power to investigate all the
+executive departments. He preferred to have each department investigated
+by a separate committee, if it needed investigation. In the course of
+the debate extracts were read from the Patterson Report, together with
+the testimony of witnesses. Weighers in the custom-house testified that
+men were sent to them by the collector as assistants for whom there was
+no work to do. They were simply put on the pay-roll and did nothing but
+draw their salaries. In the weighers' department alone $50,000 per year
+was thus squandered. Collector Murphy was quoted as saying, in answer to
+a remonstrance about unnecessary help in the custom-house, "There were
+certain people who had to be taken care of: it was well known that they
+had to be taken care of, and nobody in the party would say anything
+about his taking care of them, and he would do it."[122]
+
+Trumbull said that he did not denounce officers of the Government
+indiscriminately. He merely wished to have some system introduced by
+which appointments should be made with regard to the fitness of the
+appointees and the need of their services. As the debate enlarged, a
+line of cleavage was disclosed among Senators similar to that which
+occurred on the deposition of Sumner; Morton, Conkling, Chandler,
+Edmunds, and Sherman opposing, and Schurz, Sumner, Logan, Tipton, and
+Wilson supporting, the Trumbull amendment. Finally the Republican
+Senatorial Caucus took the matter in hand and adopted a substitute to
+the Trumbull Resolution, which was offered in the Senate by Anthony and
+adopted by 29 to 18. It provided for a select committee to investigate
+only such subjects as the Senate should designate.
+
+One of the things stumbled on by the Patterson Committee was the
+"general order" system in the New York Custom-House, which led up to the
+Leet and Stocking scandal, one of the most exasperating incidents of the
+Grant regime. Leet had been a member of General Grant's staff. The
+Patterson Committee found that he was enjoying the rank and pay of a
+colonel in the army, and also of a clerk in the War Department, and was
+receiving an additional income, estimated at $50,000 per year, for the
+warehousing of imported goods in New York, without the expenditure of
+any labor or capital of his own and without even his personal presence
+in New York, he being a resident of Washington City. All goods arriving
+by the Cunard and Bremen lines were sent by the collector's order to the
+Leet and Stocking warehouse, and were required to pay one month's
+storage whether they remained there a month or only a day, the cost
+being not less than $1.50 per package. This "general order" system had
+been devised before the Republican party came into power. It was
+flourishing in 1862.[123] Collector Grinnell, Grant's first appointee to
+that position, found it in force when he came into office. Before it was
+devised the arriving goods had been stored temporarily in warehouses
+belonging to the steamship companies, adjacent to the docks, without
+cost to the owners.
+
+When the Patterson Committee made this discovery they reported the facts
+personally to the Secretary of the Treasury (Boutwell), who appointed a
+board of three officers of the department to make an independent
+investigation. This board made a report sustaining the findings of the
+Patterson Committee. Boutwell thereupon wrote to Collector Murphy, who
+had succeeded Grinnell as collector, advising him to discontinue the
+"general order" system altogether and go back to the old system, no good
+reasons for the former change, but many objections to it, having been
+found. Months passed after Boutwell's letter was sent, but the "general
+order" system was still flourishing and the coffers of Leet and Stocking
+were still receiving an income, at least double that of the President of
+the United States, as a reward for putting an obstruction in the pathway
+of lawful commerce. A. T. Stewart, Grant's first choice for Secretary of
+the Treasury, testified that the "general order" system was a damage to
+honest traffic and a general nuisance. William E. Dodge testified that
+he had been compelled by it to curtail his imports at New York and to
+use other ports of entry to avoid the delays and exactions of the
+"general order" system.
+
+The indifference of the only man higher up than Secretary Boutwell--the
+only man who had power to remove Collector Murphy or to choke off
+Leet--was incomprehensible. Schurz made comments on the case which the
+Administration Senators could not answer and dared not leave unanswered.
+On the 18th of December, Conkling introduced a resolution directing the
+Committee on Investigation and Retrenchment to make an inquiry into the
+Leet and Stocking scandal. This resolution was preceded by a preamble
+quoting the words of Schurz as a reason for making the inquiry, in the
+following form:
+
+     Whereas it has been declared in the Senate that at the port of
+     New York there exists and is maintained by officers of the
+     United States under the name of the "General Order business" a
+     monstrous abuse fraudulent in character, and whereas the
+     following statement has been made by a Senator: "It was
+     intimated by some of the witnesses that Mr. Leet, who pockets
+     the enormous profits arising from that business, had some
+     connection with the White House; but General Porter was
+     examined, Mr. Leet himself was examined, and they both
+     testified that it was not so, and, counting the number of
+     witnesses, we have no right to form a different conclusion. But
+     the fact remains that this scandalous system of robbery is
+     sustained--is sustained against the voice of the merchants of
+     New York--is sustained against the judgment and the voice of
+     the Secretary of the Treasury himself. I ask you how is it
+     sustained? Where and what is the mysterious power that sustains
+     it? The conclusion is inevitable that it is stronger than
+     decent respect for public opinion, nay, a power stronger than
+     the Secretary of the Treasury himself":
+
+     Therefore resolved, that the Committee of Investigation and
+     Retrenchment be instructed to inquire into the matter fully and
+     at large, and particularly whether any collusion or improper
+     connection with said business exists on the part of any officer
+     of the United States, and that said committee further inquire
+     whether any person holding office in the custom-house at New
+     York has been detected or is known or believed by his superior
+     officer to have been guilty of bribery or of taking bribes or
+     of other crime or misdemeanor, and said committee is hereby
+     empowered to send for persons and papers.
+
+The Committee of Investigation and Retrenchment had not been appointed
+when Conkling offered this resolution. It had been agreed upon in the
+Republican Caucus, but had not been reported to the Senate. Senator
+Anthony immediately reported the names: Buckingham (Connecticut), Pratt
+(Indiana), Howe (Wisconsin), Harlan (Iowa), Stewart (Nevada), Pool
+(North Carolina), Bayard (Delaware). Sumner expressed mild surprise that
+no Senator who had favored an investigation of the New York
+Custom-House, or of frauds in general, was a member of the committee,
+unless Bayard (Democrat) might be counted as such. He quoted from
+Jefferson's "Manual of Parliamentary Law" to show that the proper course
+was to give the leading place in such a committee to the prime mover of
+it, who was, in this case, undoubtedly Trumbull, but that nobody who had
+shown any interest in the matter to be investigated, not even the
+Senator from New Hampshire (Patterson), whose investigation of the
+previous session had uncovered the alleged frauds, and whose familiarity
+with the case would be most useful now, had any place on it. Anthony
+contended that inasmuch as all the Senators had voted to raise the
+Committee, the vote having been unanimous, all the requirements of
+parliamentary law were satisfied by the appointment of the seven
+Senators named, or any other seven. Thurman, of Ohio, thought that
+Anthony was "sticking in the bark" and not reaching the sound wood of
+the tree. Considerable time was spent in the debate on the composition
+of the committee, but in the end the list reported by Anthony was
+adopted, as was Conkling's resolution, with its bulky preamble. The
+preamble was doubtless intended to convince Grant that Schurz (not
+Conkling) made the investigation necessary. The committee went to work
+early in 1872 and eventually furnished a solution of the Leet and
+Stocking mystery.
+
+Leet learned in 1868, soon after Grant's election, that he intended to
+appoint Moses H. Grinnell collector of the port of New York. He procured
+from Grant a letter of introduction to Grinnell, but Grant cautioned
+him, when he gave it, not to use it for the purpose of getting an
+office. When Leet handed the letter to Grinnell he remarked to him that
+he (Grinnell) was to be appointed collector of the port. Grinnell had
+not received any intimation of the fact before, and he inferred that
+Leet had been designated by the President to inform him of it. He asked
+Leet what he could do for him, and Leet replied that he wanted the
+"general order" business of the custom-house. Grinnell thought that this
+also was a message from the President, and he arranged as soon as
+possible to give Leet a portion of it. Leet farmed out this portion to a
+man named Bixby for $5000 per year, plus one half of all the profits in
+excess of $10,000. Then he went back to Washington and resumed his place
+as a clerk in the War Department; but he complained bitterly to Grinnell
+that his share in the "general order" business was not large enough, and
+he told Grinnell that he would be removed from office if he did not give
+him the whole of it. After much threatening, Grinnell did give him the
+whole of it, but he was removed, nevertheless, after holding the office
+about one year, and Murphy was appointed collector in his place. Murphy
+kept the "general order" business in the hands of Leet and Stocking
+until March, 1872, when the committee made its report. On the 14th of
+March, the newspapers announced that Murphy had been removed as
+collector and General Arthur appointed in his place, that the "general
+order" business had been radically reformed, and that Leet and Stocking
+had disappeared from history. In making this announcement the _Nation_
+called the attention of the editor of _Harper's Weekly_ (George William
+Curtis), who was still a little deaf to the shortcomings of the
+Administration, to some things hard to understand.
+
+     When the President [it said] became aware that Leet had abused
+     his confidence, disregarded his wishes, made false
+     representations as to his influence over him, and concealed his
+     doings from him,--facts which were revealed by the repeated
+     complaints of prominent merchants and by Leet's appearance in
+     public as owner of the "plum," and finally by a congressional
+     investigation,--he took no notice of them whatever. So far as
+     we know he gave no sign of displeasure, paid no attention to
+     the complaints against him, and let him go on for nearly two
+     years preying on the commerce of the port, till a second
+     congressional investigation, obtained with great difficulty,
+     and the savage assaults of the press on the eve of an election,
+     made the change we have just witnessed imperatively necessary.
+     It has been the custom of the friends of the Administration
+     hitherto, whenever charges of this kind are brought up, instead
+     of answering them, to tell you that they endear the President
+     more than ever to the American people; that his renomination is
+     a sure thing, etc.; and that Horace Greeley is a friend of Hank
+     Smith. Now is this satisfactory? Let us have a candid answer,
+     without allusions to cigars, or fast horses, or investments, or
+     summer vacations, Hank Smith, or Horace Greeley.
+
+No dollar of the Leet and Stocking "plum" ever reached President Grant
+or any member of his family. We are left to conjecture what were his
+reasons for allowing the scandal to continue so long after the facts
+became known. Judging his course here by his second term, we are forced
+to conclude that his combativeness was aroused by the criticisms of
+Schurz, Trumbull, and others, which he interpreted as marks of personal
+hostility to himself. In fact, his senatorial supporters so interpreted
+them in public discussions. He probably upheld Leet for the same reasons
+that he shielded Babcock in the greater scandal of the St. Louis Whiskey
+Ring in 1876.[124] It was a mistake, however, to suppose (if he did
+suppose) that Trumbull was moved by any personal hostility. An interview
+with the latter, dated December 3, 1871, published in the Louisville
+_Courier-Journal_,[125] shows that he was still on friendly terms with
+the President. His interlocutor began by asking him if he would consent
+to the use of his name as a conservative candidate for the Presidency
+against General Grant, to which the "Illinois statesman replied with
+more than usual emphasis, 'No sir, I would not.'"
+
+Then the following conversation ensued:
+
+     Why not?
+
+     For many reasons. In the first place, I am satisfied where I
+     am. I consider a seat in the Senate of the United States a
+     position in which I can be more useful than in any other, and I
+     believe it to be as honorable as any under the Government if
+     its duties be efficiently and properly discharged. In the next
+     place, I do not agree with the programme which has been marked
+     out by those who refuse to support the candidacy of the
+     President for reelection. I am conscious of the need for many
+     reforms, and I am daily striving to accomplish them. But I do
+     not believe that a revolution of parties would be salutary. I
+     do not believe that either the people of the North or of the
+     South are ready to profit by such a change.
+
+     And why not?
+
+     Because the people of the South have really accepted nothing,
+     and are not willing to cooeperate with the Liberals of the North
+     in settling the practical relations of society on a sure and
+     generous basis. I know that the South has much to complain of.
+     But so have the Liberal Republicans. It is not the rebel
+     element, perhaps, but the nature of things, that the South
+     should not realize the complete overthrow of the old order and
+     the necessity for a complete change of the domestic policy. I
+     believe that the defeat of General Grant would involve a
+     reaction at the South whose consequences would be even worse
+     than the present state of affairs.
+
+     Don't you think General Grant meditates the permanent
+     usurpation of the Executive office?
+
+     No, I do not. My opinion is that General Grant is, in the main,
+     a conservative man. He has made mistakes. But I cannot say they
+     justify his removal.
+
+     What are your personal relations?
+
+     Very friendly. I have opposed some of his measures, but I have
+     no personal feeling, and, indeed, this is one of the reasons
+     why it is disagreeable to have my name mentioned in the
+     connection you name.
+
+The interview closed with the writer's assurance that the views of
+Senator Sumner coincided with those of Trumbull. A Washington letter in
+the _Nation_ of December 28 said:
+
+     From what I see and hear, the conviction is forced upon me that
+     there will be no lead given by men like Trumbull voluntarily.
+     They may be forced by the Administration party into opposition,
+     but they will go reluctantly and timidly.
+
+Among the letters received by Trumbull at this time was the following
+from a man of high repute and influence in Ohio:
+
+    COLUMBUS, December 15, 1871.
+
+     You may remember me sufficiently to know who I am and my
+     position in Ohio. My special object in this writing is to
+     congratulate you for your proper and patriotic position on the
+     Retrenchment Resolution. Messrs. Morton, Sherman _et al_, are
+     grievously mistaken as to the state of public sentiment in
+     regard to the Administration and the President. I am bold to
+     say that outside of the Grand Army of the Republic and the
+     office-holders (an _imperium in imperio_), more than one half
+     of the Republicans are intensely dissatisfied with General
+     Grant. His indecent interference in Missouri and Louisiana, his
+     disgusting nepotism, his indefensible course in regard to San
+     Domingo, and his recent complimentary letter to Collector
+     Murphy have produced the conviction that he is intellectually
+     and morally unqualified for his present position. He will hear
+     deep and alarming thunder before the Kalends of November, 1872.
+
+     Go forward with your associates, Schurz, Sumner, Patterson, and
+     Tipton, in your exposure of the faults and frauds of the
+     Administration, and the best class of Republicans will honor
+     your magnanimity and patriotism. I know General Grant
+     personally. I have not asked him for any favor. As Senatorial
+     Elector I traversed the state, and advocated the Republican
+     principles and policy, but I have the pleasant consciousness
+     and delightful remembrance that I never eulogized General Grant
+     nor recommended him as suitable for the place. As long as he is
+     under the special superintendence of Morton, Chandler, and
+     Cameron, he must necessarily deteriorate, as none of them has
+     ever been suspected of having any profound sense of right or
+     wrong.
+
+    Confidentially yours,
+
+    SAM'L GALLOWAY.
+
+    HON. LYMAN TRUMBULL, U.S.S.
+
+FOOTNOTES:
+
+[122] _Cong. Globe_, 1871, p. 51.
+
+[123] See House report No. 50, 37th Congress, 3d session, page 38.
+
+[124] Rhodes, _History of the United States_, VII, 182-89.
+
+[125] This interview was reprinted in the New York _Times_ of December
+6. It is corroborated in sentiment by the Trumbull manuscripts of that
+date, but it was probably not intended for publication. It purports to
+be a conversation between Trumbull and an ex-Senator.
+
+
+
+
+CHAPTER XXV
+
+THE CINCINNATI CONVENTION
+
+
+The Liberal Republicans of Missouri held a state convention at Jefferson
+City, January 24, 1872. They adopted a platform which affirmed the
+sovereignty of the Union, emancipation, equality of rights,
+enfranchisement, complete amnesty, tariff reform, civil service reform,
+local self-government, and impartial suffrage. They also called a
+national mass convention to meet at Cincinnati on the first Monday in
+May.
+
+This call was at once endorsed by General J. D. Cox, George Hoadley,
+Stanley Matthews, and J. B. Stallo, four of the most eminent citizens of
+Ohio, the first of whom had been a member of President Grant's Cabinet.
+Mr. Matthews, in an interview, expressed the hope that the Democrats
+would join in nominating a candidate for the presidency of the type of
+Charles Francis Adams, William S. Groesbeck, Lyman Trumbull, or Salmon
+P. Chase.
+
+The movement spread like wildfire. Groups of Republicans, eminent in
+character and in public service in all the states, proclaimed their
+adhesion to it and declared their intention to participate in the
+convention. It had also the active support of the Springfield
+_Republican_, the Cincinnati _Commercial_, and the Chicago _Tribune_,
+and the sympathy of the New York _Evening Post_, the _Nation_, and the
+New York _Tribune_. Democratic sympathy was manifested early and found
+expression in the columns of the Louisville _Courier-Journal_, whose
+editor, Henry Watterson, took a keen interest in the preliminaries of
+the Cincinnati meeting and whose cooeperation was gladly welcomed. The
+New York _World_, edited by Manton Marble, gave passive support to the
+movement by advising Democrats to conform to present facts and not seek
+to revive or sustain the dead issues of the war and Reconstruction.
+
+Under date, New Orleans, April 23, Marble wrote to Schurz:
+
+     It is due to you that I should say, before you go to
+     Cincinnati, that in my clear judgment the nomination of Charles
+     Francis Adams would defeat the reelection of Grant. It has
+     always been obvious that Mr. Adams would be among the best of
+     Presidents. He has been growing, during the last few months, to
+     be the best of candidates. I could not name another so safe to
+     win. Adams and Palmer would be a quite perfect ticket.--This is
+     founded on careful consideration.
+
+August Belmont, of New York, the most influential Democrat in that state
+not holding any public office, took an active part, both by
+correspondence and by personal solicitation, in the endeavor to secure
+the nomination by the Cincinnati Convention of a candidate whom the
+Democrats could support, and to induce the latter to abstain from making
+a separate nomination. From Vincennes, Indiana, April 23, he wrote to
+Schurz that, after having seen many prominent men of both parties, he
+had found the Cincinnati movement even stronger with them, and the
+people, than he had anticipated. He added:
+
+     Everybody looks for the action of your convention, and if you
+     make a good _national_ platform denouncing the abuses and
+     corruption of the Executive, the military despotism of the
+     South, the centralization of power and the subordination of the
+     civil power to the military rule, and declare boldly for
+     general amnesty and a revenue tariff, you will find every
+     Democrat throughout the land ready to vote for your candidate,
+     provided you name one whom our convention can endorse.... I
+     found in the West and in New York an overwhelming desire for
+     Charles F. Adams. Adams is the strongest and least vulnerable
+     man; he will draw more votes from Grant than will any other
+     candidate. The whole Democratic party will follow him.
+
+There was a full delegation from Pennsylvania, composed of honorable
+men, who were not office-seekers. The meeting which appointed them was
+presided over by Colonel A. K. McClure, who announced, when taking the
+chair, that inasmuch as the Cincinnati Convention was a mass meeting,
+the persons attending it would not be entangled in the usual political
+machinery. The movement was on the lines of the Republican party; it was
+a movement of Republicans by necessity, who did not mean to be bound by
+the Government party as it then stood. General William B. Thomas said
+that he and other gentlemen had issued the call for this meeting to send
+a delegation to Cincinnati. He was engaged in work looking to the
+annihilation of the Republican party. He had helped to build up that
+party, but now he was free to say that it was the most corrupt party on
+the face of the earth. He was opposed to any candidate to be nominated
+by the coming Philadelphia Convention; Grant, or any other man. Colonel
+McClure said that the plain English of the whole thing was rebellion
+against the party and the bringing of it to the dignity of a revolution.
+Five years ago there might have been a necessity for the exercise of
+military power in the South, but not now. The South, to his mind, had
+been more desolated since the close of the war than before.
+
+The Pennsylvanians had fifty-six votes in the convention. On the first
+roll-call they cast all of them for Governor A. G. Curtin. On all
+subsequent ones they gave a plurality for Adams.[126]
+
+Numerous letters reached Trumbull before the call for the Cincinnati
+Convention was issued suggesting that he be a candidate for the
+presidency in opposition to Grant. One of these, dated Roslyn, Long
+Island, November 30, 1871, was from John H. Bryant, brother of William
+Cullen Bryant, who said that both himself and his brother desired to see
+him elected President and that if he should be a candidate he could
+count on the support of the _Evening Post_.
+
+Silas L. Bryan, of Salem, Illinois, the father of William Jennings
+Bryan, wrote under date, December 19, 1871, that he considered Trumbull
+the Providential man for the present crisis and that if he would consent
+to be a candidate for the highest office he (Bryan) would take steps to
+promote that desirable end. To this letter Trumbull replied that to be
+talked about for the presidency impaired the influence he might
+otherwise have to promote the reforms which he labored to bring about.
+He did not, however, refuse Judge Bryan's offer of assistance.
+
+Joseph Brown, Mayor of St. Louis, wrote that he would rather see
+Trumbull nominated for the presidency than any other man of either
+party. To this letter Trumbull made a reply similar to that given to
+Judge Bryan.
+
+Walter B. Scates, ex-judge of the supreme court of Illinois, wrote: "You
+saved the Republican party in the impeachment trial and I now hope you
+may save the country from corruption, pillage, high tax, class
+legislation, and central despotism."
+
+Jesse K. Dubois, auditor of Illinois, perhaps the most sagacious and
+experienced politician in the state, wrote, after signing the call for
+the Cincinnati Convention: "With you as our candidate I would wager we
+carry this state anywhere from 30,000 to 50,000 majority as against
+Grant."
+
+On February 23, Trumbull made a speech in the Senate defending the
+Missouri Convention's platform against the objections of Senator Morton,
+who had stigmatized it as a Democratic movement, because that party in
+Connecticut had endorsed it in their state convention. In this speech
+Trumbull took up each resolution in the platform and showed that it was
+either in accord with Republican doctrine as affirmed in the national
+platforms of the party, or had been commended by President Grant in
+official messages to Congress. On the subject of civil service reform,
+to promote which Grant had appointed the George William Curtis
+Commission, he said:
+
+     The great evil of our civil service system grows out of the
+     manner of making appointments and renewals and the use which is
+     made of the patronage, treating it as mere party spoils. Often
+     the patronage is used for purposes not rising to the dignity of
+     even party purposes, but by certain individuals for individual
+     and personal ends. It would be bad enough if the patronage were
+     used as mere spoils for party, but it is infinitely worse than
+     that under our present system.
+
+     The Senator from Indiana, in his speech the other day,
+     undertook to create the impression that I was opposed to civil
+     service reform. Why, sir, I offered the very bill in this body
+     which became a law under which the Civil Service Commission was
+     organized. I introduced bills here years ago in favor of a
+     reform in the civil service and especially to break up the
+     running of members of Congress to the departments begging for
+     offices. In my judgment there is nothing more disreputable, or
+     which interferes more with the proper discharge of public duty,
+     than this hanging around the skirts of power begging for
+     offices for friends.
+
+The growth of the Cincinnati movement was signalized by a meeting at the
+Cooper Union in New York City on the evening of April 12, of which the
+_Nation_ said: "We believe that it was the most densely packed meeting
+which ever met there. All approach within fifty yards of the entrance
+was next to impossible in the early part of the evening, so great was
+the crowd in the street." Both Trumbull and Schurz spoke here to
+enthusiastic hearers.
+
+Among the letters received by Trumbull prior to the convention the most
+thoughtful and weighty was the following written by Governor John M.
+Palmer, of Illinois:
+
+    SPRINGFIELD, April 13, 1872.
+
+     I have felt considerable apprehension in regard to the
+     Cincinnati movement for the reason that I have doubted the
+     ability of men of the right stamp to control the action of the
+     proposed convention, and I have believed that it would be
+     better to endure the abuses and weaknesses and follies of
+     Grant's Administration for another four years than to
+     crystallize them by the mistake of making a bad nomination of
+     his successor. Grant is an evil that we can endure if we retain
+     the right to point out his faults in principle and practice,
+     but if some ancient Federalist should be elected to succeed him
+     what is now usurpation would be accepted by the people as the
+     proper theory of the government. But if the Cincinnati
+     Convention nominates a statesman I will support him, and you if
+     you are selected as the candidate.
+
+    JOHN M. PALMER.
+
+Among the names mentioned as desirable candidates that of Charles
+Francis Adams was the most prominent. After him came Lyman Trumbull,
+Horace Greeley, David Davis, B. Gratz Brown, and Andrew G. Curtin. Adams
+had been Minister to Great Britain during the war, and was now one of
+the arbitrators of the Geneva Tribunal under the Alabama Claims Treaty.
+He had written a letter to David A. Wells which showed that he did not
+desire the nomination, was perfectly indifferent to it, but that if it
+were given to him without pledges of any kind he would not refuse. He
+said among other things:
+
+     If the call upon me were an unequivocal one based upon
+     confidence in my character earned in public life, and a belief
+     that I would carry out in practice the principles I professed,
+     then indeed would come a test of my courage in an emergency;
+     but if I am to be negotiated for, and have assurances given
+     that I am honest, you will be so kind as to draw me out of that
+     crowd.
+
+This phrase was interpreted erroneously by some as an expression of
+contempt for "that crowd," but, of course, it was not so intended. The
+letter was not written for publication. Not only did Mr. Adams not seek
+the nomination, but his son, Charles Francis, Jr., refused to go to the
+convention, or to invite any of his Boston friends to go.
+
+Greeley was an anti-slavery leader, founder of the New York _Tribune_,
+book-writer, lecturer, foremost journalist in the country, distinguished
+both for intellectual power and personal eccentricity. Davis was a
+member of the Supreme Court of the United States, by Lincoln's
+appointment. Brown was governor of Missouri, and next to Schurz the most
+prominent leader of the Liberal movement. Curtin had been the war
+governor of Pennsylvania and was a man of high ability and unblemished
+character. The name of Sumner had been frequently mentioned as one
+suitable for the presidency, but he had not yet given his adhesion to
+the Liberal movement.
+
+The New York _Herald_ of May 1 tells what I thought of the outlook when
+I first arrived in Cincinnati, thus:
+
+     CINCINNATI, April 27, 1872.--Mr. Horace White, who arrived this
+     morning, says that the Liberal movement has as yet only
+     penetrated the crust of public sentiment and that the masses of
+     the people are waiting in a half-curious way to see what will
+     be done here before they will make up their minds.
+
+Trumbull did not authorize the presentation of his name to the
+convention until one week before its meeting. Then a qualified
+acquiescence came in a letter to myself, dated Washington, April 24,
+saying:
+
+     I do not think I ought to be nominated unless there is a
+     _decided_ feeling among those who assemble, and are outside of
+     rings and bargains, that I would be stronger than any one else.
+     Unless this is the feeling, I think it would not be wise to
+     present my name at all.... D. A. Wells has enclosed me a letter
+     written on the 20th by John Van Buren, Governor Hoffman's
+     secretary, which he thinks undoubtedly represents the feelings
+     of the Hoffman wing of the New York Democracy. In this letter
+     Van Buren says the convention must not touch the question of
+     free trade, that the persons pushing this question are not
+     unanimous on the question, and that a non-committal resolution
+     would do harm in both directions. Grosvenor is very strenuous
+     about having such a resolution as will commit the convention
+     distinctly to revenue reform, and I fear will be a little
+     unreasonable about it. I had thought that a resolution might be
+     adopted which would assert the principle without being
+     offensive to anybody; perhaps something like the resolution
+     adopted by the last Illinois State Convention. Free-traders and
+     protectionists differ more about the application of principles
+     than the principles themselves in their efforts. Wells and
+     other reformers of the East will be reasonable on this
+     question. Van Buren further says in his letter: "One thing rely
+     upon--you need do nothing at Cincinnati except with reference
+     to drawing Republicans into the movement. Disregard the
+     Democrats. The movement of that side will take care of itself.
+     There will be no cheating nor holding back on their side. They
+     will go over in bulk and with a will."
+
+My reply to this letter, written immediately after the adjournment of
+the convention, was the following:
+
+     My judgment was from the beginning of our arrival here that you
+     could not be nominated, but I did not tell anybody so. Dr.
+     Jayne and Governor Koerner thought you could be; and their
+     judgment, I thought, should be set before mine. So I held my
+     tongue and did what I could. If I had taken the responsibility
+     of withdrawing your name as suggested by your letter, I should
+     never have had any standing in Illinois again--certainly not
+     among your friends.
+
+As this convention did not consist of delegates chosen by primary
+meetings, any person of Republican antecedents or attachments was
+permitted to attend and take part in it. To bring order out of chaos it
+was necessary for the men of each state to come together and choose a
+number corresponding to its population to cast its votes on all
+questions arising, including the nomination of candidates. In states
+which presented more than one candidate, as in Illinois, there was some
+difficulty in making the proper division as between Davis and Trumbull;
+but all such troubles were adjusted before the hour for assembling
+arrived. The streets of Cincinnati had never beheld a more orderly,
+single-minded, public-spirited crowd. At least four fifths had come
+together at their own expense for no other purpose than the general
+good. There was, however, a small minority of office-seekers among them.
+The movement in its inception was altogether free from that class, but
+when it began to assume formidable proportions and seemed not unlikely
+to sweep the country, it attracted a certain number of professional
+politicians, including a few estrays from the South.
+
+The office-seeking fraternity were mostly supporters of Davis, whose
+appearance as a candidate for the presidency was extremely offensive to
+the original promoters of the movement. As a judge of the Supreme Court
+his incursion into the field of politics, unheralded, but not
+unprecedented, was an indecorum. Moreover, his supporters had not been
+early movers in the ranks of reform, and their sincerity was doubted.
+They were extremely active, however, after the movement had gained
+headway, and they were able to divide the vote of Illinois into two
+equal parts (21 to 21), so that Trumbull's strength in the convention
+was seriously impaired. Davis's chances were early demolished by the
+editorial fraternity, who, at a dinner at Murat Halstead's house,
+resolved that they would not support him if nominated, and caused that
+fact to be made known.
+
+Greeley's candidacy had not been taken seriously by the editors at
+Halstead's dinner-party. As an individual he was generally liked by them
+and his ability and honesty were held in the highest esteem; but he was
+looked upon as too eccentric and picturesque to find much support in
+such a sober-minded convention as ours. Adams and Trumbull were the only
+men supposed by us to be within the sphere of nomination, and the
+chances of Adams were deemed the better of the two. We had yet to learn
+that there are occasions and crowds where personal oddity and a flash of
+genius under an old white hat are more potent than high ancestry or
+approved statesmanship, or both those qualifications joined together.
+
+Before nominations were made, a platform was to be framed and adopted.
+There were three main issues to be considered: Universal amnesty, civil
+service reform, and tariff reform. On the first and second there was no
+difference of opinion. Without them the Cincinnati movement would never
+have taken place; the convention would never have been called. As to the
+third, there was a difference of opinion which divided the convention
+and the Committee on Resolutions in the middle, and it soon became known
+that "there was no common ground on which the protectionists and revenue
+reformers could stand." So wrote E. L. Godkin from the convention hall
+to the _Nation_. He continued:
+
+     The Committee on Resolutions, after sitting up a whole night,
+     were compelled to accept the compromise which he [Greeley]
+     proposed--the reference of the whole matter to the people in
+     the congressional districts. It is right to add that the
+     sentiment of the convention was overwhelmingly in favor of this
+     course. There is a touch of absurdity about it, it is true, but
+     it is at least frank and honest, and at all events nothing
+     else was possible. Even such outspoken free-traders as Judge
+     Hoadley, of this city, were compelled to concur in this
+     disposition of the question.
+
+As chairman of the Committee on Resolutions, and a free-trader, I can
+confirm all that Godkin wrote, and add that the committee considered the
+expediency of reporting to the convention their inability to agree and
+asking to be discharged. This plan was rejected lest it should cause a
+bolting movement, on an issue which was rated only third in importance
+among those which had brought us together. It was decided that tariff
+reform could wait, while the pacification of the South and the reform of
+the civil service could not.
+
+Thursday night, May 2, I had gone to bed at the Burnet House when I was
+aroused by a loud knock on my door and a voice outside which I
+recognized as that of Grosvenor exclaiming: "Get up! Blair and Brown are
+here from St. Louis." Without waiting for an answer he went on knocking
+at other doors in the corridor and giving the same warning, but no other
+explanation. I arose, dressed myself, and went down to the rotunda of
+the hotel, where I found some of the supporters of Trumbull and of Adams
+who were trying to discover why the arrival of Frank Blair and Gratz
+Brown should produce a commotion in a convention of more than seven
+hundred, of which Blair and Brown were not members. Blair was then the
+Democratic Senator from Missouri. The two newcomers were not visible.
+They had obtained a room and had called into it some of the Missouri
+delegation and would not admit any uninvited persons. Presently
+Grosvenor returned and told us that Brown intended to withdraw as a
+candidate for the presidency and turn his forces over to Greeley, and
+himself take the Vice-Presidency. Grosvenor considered this a dangerous
+combination and said that steps should be taken to checkmate it at once.
+
+The Adams and Trumbull men here collected remained till about two
+o'clock trying to learn more about the expected _coup_, but as nothing
+further could be obtained they retired one by one to uneasy slumber.
+Grosvenor maintained to the last that great mischief was impending, but
+could not suggest any way to meet it.
+
+On the following day voting began, and the first roll-call showed Adams
+in the lead with 205 votes; Greeley had 147, Trumbull 110, Brown 95,
+Davis 92-1/2, Curtin 62, Chase 2-1/2. Carl Schurz, who was permanent
+chairman of the convention and a supporter of Adams, then rose and with
+some signs of embarrassment said that a gentleman who had received a
+large number of votes desired to make a statement, whereupon he invited
+the Hon. B. Gratz Brown to come to the platform. Brown advanced to the
+front, and after thanking his friends for their support said that he had
+decided to withdraw his name and that he desired the nomination of
+Horace Greeley as the man most likely to win in the coming election.
+There was great applause among the supporters of Greeley, but the
+immediate result did not answer their expectations. Brown could not
+control even the Missouri delegation. The first vote of the Missouri men
+had been 30 for Brown. The second was, Trumbull 16, Greeley 10, Adams 4.
+
+All the votes are shown in the following table:
+
+    ----------------------------------------------------------
+    Roll-Call|Adams|Greeley|Trumbull| Davis|Chase|Brown|Curtin
+    ---------+-----+-------+--------+------+-----+-----+------
+    First    | 205 |  147  |   110  |92-1/2|2-1/2|  95 |  62
+    Second   | 243 |  245  |   148  |81    |     |   2 |
+    Third    | 264 |  258  |   156  |44    |     |     |
+    Fourth   | 279 |  251  |   141  |51    |     |     |
+    Fifth    | 309 |  258  |    91  |30    |25   |     |
+    Sixth    | 324 |  332  |    19  | 6    |32   |     |
+    ----------------------------------------------------------
+
+Although Greeley's plurality on the sixth roll-call was small, his gain
+over the fifth was large, being 74 votes, that of Adams being only 15.
+This was a signal to all who wished to be on the winning side to take
+shelter under the old white hat. Changes were made before the result was
+announced which gave Greeley 482 to 187 for Adams. Then Greeley was
+declared nominated. The nomination of Gratz Brown for Vice-President
+followed without much opposition.
+
+The supporters of Adams and of Trumbull were stunned. The first impulse
+of their leaders, and especially of Schurz, was to put on sackcloth, and
+go into retirement. Prompt decision, however, was necessary to the
+editors of daily newspapers. Other persons could go home and take days
+or weeks to think the matter over, but those who, at Halstead's table,
+had decided against David Davis, must needs make another prompt decision
+before the next paper went to press. They decided to support Greeley,
+because they had honestly led their readers to an honest belief that the
+Cincinnati movement was for the best interests of the Republic; and they
+deemed it unfair to turn against it on account of personal vexation
+against a man whose candidacy had been tolerated through the whole
+proceedings. That Greeley was an unbalanced man we all knew. That he was
+liable to go off at a tangent and that his self-esteem and
+self-confidence might put him beyond the reach of good counsel in
+affairs of great pith and moment, was the unexpressed thought of most of
+us. But we knew that his aims were patriotic, and we reflected that some
+risks are taken at every presidential election. Greeley had not yet been
+proved an unsafe President, and that was more than could be said for
+Grant. In fact, Grant's second term proved to be worse than his first.
+
+Schurz was more distressed by the "Gratz Brown trick," as it was
+commonly called, than by anything else. This had the appearance of a
+brazen political swap executed in the light of day, by which the
+presidency and the vice-presidency were disposed of as so much
+merchandise. He did not, however, in his thoughts connect Greeley with
+the trade. It was physically impossible that the latter could have been
+a party to it, if there was a trade. Nevertheless he considered the
+German vote lost beyond recall by the bad look of it.[127] My own belief
+is that Blair and Brown were jealous of Schurz's power in Missouri; that
+they feared he would become omnipotent there, dominating both parties,
+if Adams should be elected President; and that the only way to head him
+off was to beat Adams. They chose Greeley for this purpose, not because
+they had any bargain with, or fondness for, him, but because he was the
+next strongest man in the convention.
+
+The engineers of the Liberal Republican movement went their several
+ways. Those who held tariff reform of more importance than all other
+issues abjured Greeley at once. E. L. Godkin and William Cullen Bryant
+declared war against him because they considered him dangerous and
+unfit. The following correspondence which took place between Bryant and
+Trumbull was illustrative of the feelings of many others:
+
+    THE EVENING POST,
+    41 NASSAU STREET, COR. LIBERTY,
+    NEW YORK, May 8th, 1872.
+
+    MY DEAR SIR,
+
+     It has been said that you will support the nomination of Mr.
+     Greeley for President. I have no right to speak of any course
+     which you may take in politics in any but respectful terms, but
+     I may perhaps take the liberty of saying that if you give that
+     man your countenance, some of your best friends here will
+     deeply regret it. We who know Mr. Greeley know that his
+     administration, should he be elected, cannot be otherwise than
+     shamefully corrupt. His associates are of the worst sort and
+     the worst abuses of the present Administration are likely to be
+     even caricatured under his. His election would be a severe blow
+     to the cause of revenue reform. The cause of civil service
+     reform would be hopeless with him for President, for Reuben E.
+     Fenton, his guide and counselor, and the other wretches by whom
+     Greeley is surrounded, will never give up the patronage by
+     which they expect to hold their power. As to other public
+     measures there is no abuse or extravagance into which that man,
+     through the infirmity of his judgment, may not be betrayed. It
+     is wonderful how little, in some of his vagaries, the scruples
+     which would influence other men of no exemplary integrity,
+     restrain him. But I need not dwell upon these matters--they are
+     all set forth in the _Evening Post_ which you sometimes see.
+     What I have written, is written in the most profound respect
+     for your public character, and because of that respect. If you
+     conclude to support Mr. Greeley, I shall, of course, infer that
+     you do so because you do not know him.
+
+    Yours truly,
+    HON. L. TRUMBULL.
+    W. C. BRYANT.
+
+    UNITED STATES SENATE CHAMBER,
+    WASHINGTON, May 10, 1872.
+
+    WM. C. BRYANT, Esq.,
+
+     MY DEAR SIR,--Your kind and frank letter is before me. I wish I
+     could see something better than to support Mr. Greeley, but I
+     do not. Personally, I know but little of him, but in common
+     with most people supposed he was an honest but confiding man,
+     who was often imposed upon by those about him. This would be a
+     great fault in a President, I admit, but with proper
+     surroundings could be guarded against, and almost anything
+     would be an improvement on what we have. One of the greatest
+     evils of our time is party despotism and intolerance. Greeley's
+     nomination is a bomb-shell which seems likely to blow up both
+     parties. This will be an immense gain. Most of the corruptions
+     in government are made possible through party tyranny. Members
+     of the Senate are daily coerced into voting contrary to their
+     convictions through party pressure. A notable instance of this
+     was the vote on the impeachment of Johnson, and matters in this
+     respect have not improved since. If by Greeley's election we
+     could break up the present corrupt organizations, it would
+     enable the people at the end of four years to elect a President
+     with a view to his fitness instead of having one put upon them
+     by a vote of political bummers acting in the name of party.
+
+     Having favored the Cincinnati movement and Greeley having
+     received the nomination, I see no course left but to try to
+     elect him, and endeavor to surround him, as far as possible,
+     with honest men. Greeley had a good deal of strength among the
+     people and was strong in the convention outside of bargain or
+     arrangement. Many voted for him as their first choice, and in
+     Illinois I feel confident he is a stronger candidate than Adams
+     would have been.
+
+    LYMAN TRUMBULL.
+
+Sumner, although urged by many of his warmest friends both before and
+after the convention, including Frank Bird, Samuel Bowles, and Greeley
+himself (through Whitelaw Reid), to declare his position, did not break
+silence until May 31, when he made his great speech against Grant. The
+speech remains a true catalogue of the shortcomings of Grant as a civil
+administrator up to that time. All his sins of omission and of
+commission were there set forth in orderly array, together with the
+proofs. Sumner thus spared future historians a deal of trouble in
+searching the records, but the speech was not very effective in the way
+of changing votes. Sumner sometimes mistook himself for a modern Cicero
+impeaching Verres. He piled up the agony in the fashion customary in the
+pleadings of the ancient forum. He overlooked the signal services
+rendered by Grant before he held any civil office. He did not make
+allowance for the transition of a tanner's clerk, earning fifty dollars
+a month and having a family to support, first to the command of half a
+million soldiers in war time, and then to the presidency of the United
+States in time of peace, all within the period of eight years. The
+mistakes naturally arising from such crude beginnings, when meeting
+gigantic responsibilities in quick succession, ought to have excited
+pathos as well as censure. By giving due consideration to Grant's whole
+career, he would have secured a better hearing for the part of it which
+he wished to impress upon the public mind.
+
+Even now Sumner did not advise anybody to vote for Greeley. His omission
+to do so was at once construed as an argument favorable to Grant. It was
+said that the dangers involved in Greeley's eccentricities were so much
+greater than anything that Grant had done, or could do, that Grant's
+worst enemy (Sumner) would not advise people to vote for him. Not until
+the 29th of July did the Massachusetts Senator publicly speak for
+Greeley, and then only in a letter to some colored voters who had asked
+his advice. It was then too late to exert much influence. It is doubtful
+if even the colored men who had sought his advice gave any heed to it.
+Probably the reason why Sumner did not speak earlier was that he
+hesitated to break from his abolitionist friends, Garrison, Phillips,
+and others, who had besought him not to join the Democrats. When he did
+finally join the forces supporting Greeley, his old friend Garrison
+turned upon him and chastised him severely in a series of open letters,
+which Sumner declined to read.
+
+FOOTNOTES:
+
+[126] Chicago _Times_, April 22.
+
+[127] Frank W. Bird, of Boston, who went to Cincinnati as an anti-Adams
+delegate, wrote to Charles Sumner on May 7: "Don't believe a word about
+the trade, in any discreditable sense, between Blair and Brown on the
+one part and the Greeley men on the other. Undoubtedly Blair wanted to
+head off Schurz, and equally truly an arrangement was made, or an
+understanding reached, on Thursday night, in a certain contingency to
+unite a portion of the Brown and Greeley forces: but, except perhaps in
+the motives of the leading negotiators on one side, there was nothing
+unusual in the affair, nothing that is not usually--indeed, almost
+necessarily--done in such conventions; nothing that was not contemplated
+and even proposed by the Adams men." (Sumner papers in Harvard
+University Library.)
+
+
+
+
+CHAPTER XXVI
+
+THE GREELEY CAMPAIGN
+
+
+My own feelings immediately after the nomination were set forth in a
+telegram to the Chicago _Tribune_ published in its issue of May 4. The
+chief part was in these words:
+
+     CINCINNATI, May 3.--The nomination of Mr. Greeley was
+     accomplished by the people against the judgment and strenuous
+     efforts of politicians, using the latter word in its larger and
+     higher sense. The Gratz Brown performance has given the whole
+     affair the appearance of a put-up job, but it was merely a
+     lucky guess. The Blairs and Browns do not like Schurz. To
+     defeat a candidate who was likely to be on confidential terms
+     with Schurz, as either Adams or Trumbull would have been, was
+     the thing nearest to their hearts, and for this purpose Brown
+     made his appearance here. His speech in the Convention fell
+     like dish-water on the whole assemblage, and, being followed by
+     the transfer of the Missouri votes to Trumbull, instead of
+     Greeley, showed that he had no influence in his own delegation.
+     The changes from Brown to Greeley were few and far between, and
+     in a short time the convention only remembered that Brown had
+     been a candidate once and was so no longer. But the personal
+     popularity of Greeley was more than a match for the
+     intellectual strength of Trumbull and the moral gravity of
+     Adams. He was stealing votes from both of them all the time.
+     When the Illinois delegation at last perceived that the heart
+     of the convention was carrying away the head, and retired for
+     consultation, the surprising fact was developed that fifteen of
+     their own number preferred Greeley to any candidate not from
+     their own state. The supporters of Adams, while entertaining
+     the most cordial feeling for the friends of Trumbull, think
+     that if the latter had come over to Adams's corner the result
+     would have been different. I do not think so. If the Illinois
+     vote could have been cast solid for Adams at an earlier stage,
+     the result might have been different: but there was no time
+     when Adams could have got more than the twenty-seven votes
+     which were finally cast for him. The contingency of having to
+     divide between Adams and Greeley had never been considered,
+     and, therefore, no time had been allowed to compare views. The
+     vote of the state being thus divided, its weight was lost for
+     any purpose of influencing other votes. Then gush and hurrah
+     swept everything down, and, almost before a vote of Illinois
+     had been recorded by the secretary, the dispatches came rushing
+     to the telegraph instruments that Greeley was nominated. For a
+     moment, the wiser heads in the convention were stunned, though
+     everybody tried to look perfectly contented. Of all the things
+     that could possibly happen, this was the one thing which
+     everybody supposed could not happen. Not even the Greeley men
+     themselves thought it could happen. The only able politician
+     who seemed to be really for Greeley was Waldo Hutchins, of New
+     York, and even his sincerity was questioned by Greeley's
+     backbone friends as long as the Davis movement was regarded as
+     still alive.
+
+How the news was received by Trumbull was told by the New York
+_Herald's_ Washington dispatch of May 3:
+
+     ... The scene in the Senate, when the news was received, was
+     one of complacent dignity, such as only the members of that
+     body could arrange, even if they had studied to prepare
+     themselves for an art tableau. Mr. Fenton was the recipient of
+     the dispatches, and his chair was consequently surrounded by a
+     crowd of the less dignified Senators, who could not wait to
+     have the telegrams passed around. Trumbull was the most
+     undisturbed of all those on the floor. His equanimity
+     astonished his friends as well as the numerous strangers in the
+     galleries, who watched closely for indications of excitement in
+     his parchment-like face. In truth, he seemed to get the news
+     rather by some occult process of induction, if he got it at
+     all, than by the course usual to ordinary men. Other members
+     smiled, made comments, exchanged opinions and preserved their
+     dignity with customary success; but he alone asserted an
+     immobility of demeanor that will last for all time, in the
+     memory of its witnesses, as a remarkable instance of
+     self-possession. At last, when every one else had delivered
+     himself of some criticism he remarked to those in his
+     immediate vicinity: "If the country can stand the first
+     outburst of mirth the nomination will call forth, it may prove
+     a strong ticket."
+
+Carl Schurz was slow in reaching a decision to support the ticket. His
+first endeavor was to induce Greeley, in a friendly way, to decline the
+nomination, by showing him the sombre aspects of the campaign ahead. In
+a letter dated May 18, he told Greeley that the dissatisfaction of an
+influential part of the Liberal Republican forces was such that a
+meeting had been called to consider the question of putting another
+ticket in the field before the Democrats should hold their convention.
+Other discouraging features were presented and the letter concluded with
+these words:
+
+     I have, from the beginning, made it a point to tell you with
+     entire candor how I feel and what I think about this business,
+     and now if the developments of the campaign should be such as
+     to disappoint your hopes, it shall not be my fault if you are
+     deceived about the real state of things.
+
+To this Greeley replied on the 20th, saying that his advices warranted
+him in predicting that New York would give 50,000 majority for the
+Cincinnati ticket, and that New England and the South would be nearly
+solid for it, while in Pennsylvania and the Northwest the chances were
+at least even. He ended by saying: "I shall accept unconditionally."
+
+The meeting foreshadowed in Schurz's letter to Greeley took place at the
+Fifth Avenue Hotel on the 20th of June. It was composed mainly of
+persons who had participated in the Cincinnati Convention and had been
+greatly disappointed by Mr. Greeley's nomination. William Cullen Bryant
+presided, but fell asleep in the chair soon after the proceedings began.
+The first speech was made by Trumbull, who said that his mind was made
+up to support the Cincinnati ticket. He thought that Greeley had gained
+strength during the first month of the campaign and that the chances of
+his election were good. He could see no reason for nominating another
+ticket. That would simply be playing into the hands of the supporters of
+Grant.
+
+Schurz's position, as reported by the _Nation_, was this:
+
+     That he, more than any other man, was chagrined by the result
+     of Cincinnati; that he does not consider Mr. Greeley a
+     reformer, and has no expectations of any reforms at his hands,
+     and will say so on the stump; that he believes him "to be
+     surrounded by bad men"; that he (Mr. Schurz), however, is so
+     satisfied of the necessity of defeating Grant and dissolving
+     existing party organizations, that he is ready to use any
+     instrument for the purpose, and will, therefore, support
+     Greeley in the modified and guarded manner indicated above. He
+     looks forward, with a hopefulness bordering on enthusiasm, to
+     the good things which will grow out of the confusion following
+     on Greeley's election, and is deeply touched by the Southern
+     eagerness for Greeley.
+
+A private letter from E. L. Godkin to Schurz, dated Lenox,
+Massachusetts, June 28, gives reasons for deprecating the course that
+the latter had decided to take in the campaign.
+
+     He has considered Schurz's words about Greeley; would be most
+     glad could he see any way to join in supporting Greeley, Schurz
+     being the one man in American politics who inspires Godkin with
+     some hope concerning them. He maturely considered what he could
+     and would do when Greeley was first nominated. In view of his
+     own share in bringing public feeling to the point of creating
+     the convention, he would have stood by Greeley if possible; saw
+     no chance to do so and sees none now; is satisfied he can have
+     nothing to do with Greeley. If Greeley gave pledges, and broke
+     them, "_as I believe he would_," it would be no consolation to
+     Godkin that an opposition would thereby be raised up. He went
+     through all this with Grant, who gave far better guarantees
+     than Greeley offers, "and he made fine promises and broke them,
+     and good appointments and reversed them, and I have in
+     consequence been three years in opposition." Cannot afford to
+     repeat this. "Greeley would have to change his whole nature, at
+     the age of 62, in order not to deceive and betray you," and
+     when he has done so it will be too late to atone for having
+     backed him by turning against him, which would then merely
+     discredit one's judgment, and invite suspicion of some personal
+     disappointment. Moreover, the small band of political reformers
+     will have fallen into disrepute and become ridiculous and the
+     country will be worse off than before. Feels that Schurz is
+     sacrificing the future in taking Greeley on any terms....
+
+Parke Godwin was even more bitter against Greeley. He wrote to Schurz
+under date May 28:
+
+     "... I have so strong a sense of Greeley's utter unfitness for
+     the presidency that I cannot well express it. The man is a
+     charlatan from top to bottom, and the smallest kind of a
+     charlatan,--for no other motive than a weak and puerile vanity.
+     His success in politics would be the success of whoever is most
+     wrong in theory and most corrupt in practice." All the most
+     corrupt spoilsmen of either side are either with him now or
+     preparing to go to him. It is the first of duties to expose him
+     and his factitious reputation. Grant and his crew are bad,--but
+     hardly so bad as Greeley and his would be. Besides, Grant,
+     though in very bad hands, has his clutches full: Greeley's set
+     would be newcomers.
+
+The regular Republican Convention met at Philadelphia, June 5, and
+nominated General Grant for President by unanimous vote. The names of
+Henry Wilson, Schuyler Colfax, and several others were presented for
+Vice-President. On the first roll-call Wilson had 361 votes and Colfax
+306, and there were 66 for other candidates. Before the result was
+announced, 38 votes from Southern States were changed to Wilson, giving
+him 399, a majority of the whole number cast. This decision was brought
+about by the wish of Grant himself, communicated to General Grenville
+M. Dodge before the convention met. Grant had no liking for Colfax.[128]
+
+The platform of the convention laid stress on the imperative duty of
+"suppression of violent and treasonable organizations in certain lately
+rebellious regions and for the protection of the ballot-box." This meant
+the stern execution of the Ku-Klux Law, under suspension of the writ of
+_habeas corpus_, which was already in progress. The remainder of the
+platform was either "pointing with pride" at past achievements, or
+clap-trap of various kinds, including a promise to take good care of
+capital and labor, so as to secure "the largest opportunities and a just
+share of the mutual profits of these two great servants of
+civilization."
+
+The Democratic National Convention met at Baltimore, July 9, and adopted
+both the platform and the candidates of the Cincinnati Convention. This
+involved a complete reversal of the party's principles as declared in
+its last previous platform, but it was not inconsistent with inexorable
+facts. There was nothing else to be done unless the party was determined
+still to battle against the result of the Civil War. It was inevitable,
+however, that there should be a remnant of the party that would never
+vote for Greeley--the man who above all others had gored them most
+savagely in the fights of a quarter of a century. The dissentients
+called and held a convention at Louisville, September 3, where they
+nominated Charles O'Conor of New York for President and John Quincy
+Adams for Vice-President, both of whom declined. Other attempts to put a
+third ticket in the field came to nothing. The recalcitrants either
+voted for Grant or abstained from voting altogether.
+
+Trumbull took an active part in the campaign, speaking to large crowds
+and almost incessantly in Maine, New York, Pennsylvania, Ohio, Michigan,
+Indiana, and Illinois. His first speech was made at Springfield,
+Illinois, June 26, a synopsis of which will serve to indicate the views
+which he advocated.
+
+     He said that he was glad to explain to Illinoisans the position
+     he had felt it his duty to take on many points. It was now more
+     than seventeen years that he had represented the state in
+     Washington. In that time the principles on which the Republican
+     party was formed had all been settled. Nothing remained but the
+     machinery, which had fallen into the hands of those who sought
+     to use it for merely selfish ends. During his service he had
+     sometimes not acted according to the views of all his
+     constituents, but he had not failed to follow his own sense of
+     duty and right. Within the last ten years many abuses had crept
+     into the Government and numerous defalcations had occurred,
+     perhaps the most noted being that of Hodge, paymaster, in the
+     office of the Paymaster-General, "whose defalcations, occurring
+     right under the eye of the Government, amounted to more than
+     $400,000." An investigating committee had reported to a
+     previous Congress great abuses in the New York
+     Custom-House--bribery and demoralization. At the beginning of
+     the recent session he [Trumbull] had introduced a resolution
+     for a joint committee of investigation, with power to send for
+     persons and papers; introduced it in good faith to unearth
+     frauds, if existent, and to correct them, without design of
+     injuring the party. "I was simple-minded enough to believe that
+     the Republican party, ... with which I had been identified for
+     so many years, would be lifted in public estimation ... if it
+     had the virtue and the honesty to expose, even among its own
+     members, wrong, corruptions, and fraud if fraud existed, and to
+     apply the proper corrective. And I was very much astonished
+     when that proposition was met by gentlemen in the Senate who
+     constitute what, for brevity's sake, I may denominate a
+     Senatorial Ring, denouncing me as unfaithful to the Republican
+     party and as throwing dirt upon it by offering a resolution to
+     inquire into the conduct of public officers."
+
+     The public indignation aroused by this forced the Senatorial
+     Ring to action. "A party caucus of Republican Senators was
+     called, and a scheme devised to change the character of the
+     resolution, and to organize and pack the committee, which,
+     instead of going forth to uncover and expose corruption, should
+     go forth to conceal and cover it up. The proposition for the
+     joint committee of the two houses, with power to send for
+     persons and papers, was voted down, and in its place a
+     resolution was passed creating a committee of the Senate alone.
+     The members of the committee were selected in a party caucus,
+     and not a single Republican Senator who had originally favored
+     the investigation was placed upon the committee. This was
+     contrary to parliamentary law, and contrary to the plainest
+     principles of common sense, if the object was to discover
+     abuses, and contrary to that ordinary rule which says that a
+     child must not be put to a nurse who cares not for it. This
+     investigation was placed in the hands of the parties to be
+     investigated...." Even this committee, going to New York, could
+     not, however, shut their eyes to the enormous abuses there. But
+     they did give public notice that any merchants who had paid
+     bribe money to customs officials would be prosecuted to the
+     extent of the law, thereby securing the non-appearance of any
+     such merchant as a witness. They acted as if sent to
+     investigate merchants, not officials.... And the Senate Ring
+     would allow no measure to be considered tending to rectify
+     these abuses, wanting to keep the spoils to carry next fall's
+     elections. A bill from the House was referred to the Judiciary
+     committee, which had a majority of Ring members,--a bill to
+     inaugurate reforms and to protect merchants from plunder.
+     Although it was before the committee two months it was never
+     reported to the Senate. "I made two motions in the Senate to
+     have the committee discharged and to bring the bill before the
+     Senate, that it might receive its attention, but they were
+     voted down under party drill."
+
+     "Let me tell you of another committee of investigation, raised
+     in the House of Representatives, and packed also by an
+     obsequious and partisan Speaker,--a committee, a majority of
+     which consisted of the friends of the Secretary of the Navy
+     whose conduct was about to be investigated. I want to tell you
+     what that committee did, and I think you will be astonished
+     when I state the fact that a committee of members of the House
+     of Representatives could have been found, who were so blinded
+     by party zeal, so full of bigotry or cowardice that they could
+     not see, or were afraid to expose, violations of the law on the
+     part of political associates. This committee was raised on the
+     motion of Governor Blair, of Michigan, a high-minded,
+     independent, and able Republican.... At his [Blair's] instance,
+     a committee was raised to inquire into certain transactions in
+     the Navy Department, presided over by Secretary Robeson....
+     Among many of the things that the committee was instructed to
+     inquire into ... was a claim for building certain vessels for
+     the Government of the United States during the war. I have the
+     precise figures here, giving the exact amounts which the
+     Government contracted to pay for the construction of the three
+     vessels, Tecumseh, Mahopac, and Manhattan. The contract was
+     made in 1862, and the Government agreed to pay a contractor of
+     the name of Secor $1,380,000 for the construction of these
+     three vessels. After the contract was made, the Government
+     desired some changes in the plans of the vessels, and a board
+     of naval officers was appointed to superintend them and to
+     certify bills for extra work, which they did to the amount of
+     more than $500,000. The vessels were furnished, the contract
+     price paid--the sum due for the extra work was paid, and it was
+     all settled and closed in the Navy Department in 1865. But
+     these contractors, who had received more than $1,900,000 for
+     building the vessels and the extra work, came to Congress by
+     petition, and complained that they still had not received as
+     much as they ought, because they said that they were delayed in
+     their contracts by the action of the Government; that while
+     thus delayed the price of labor and of materials advanced, and
+     they had met with great loss, and they, therefore, asked
+     Congress to allow them something more. Congress, in 1867,
+     passed a law directing the Secretary of the Navy to look into
+     this matter and report to the next session. The Secretary
+     appointed a board of Naval officers, who made the
+     investigation, and reported to Congress that these Secors ought
+     to be allowed $115,000 more (I use round numbers)--$115,000 in
+     addition to what they had already received, and put into the
+     law these words, 'which shall be in full discharge of all
+     claims against the United States on account of the vessels upon
+     which the Board made the allowance as per this report.' Now,
+     do any of you, does any lawyer, ... know how to write a
+     stronger clause than that to end this claim? If you do, I do
+     not.... The Secors, in 1868, received the $115,000 and gave
+     their receipt.... Would you believe it possible that the
+     Secretary of the Navy would, after that, pay anything more?...
+     Mr. Robeson, in 1870, ... on his own motion, without any act of
+     Congress authorizing it, proceeds to reinvestigate this claim,
+     and without coming to Congress at all pays over to these
+     gentlemen $93,000 more. Well, that is not the worst of it. He
+     might just as well have paid them $93,000,000. The Congress of
+     the United States never appropriated any money to pay this
+     $93,000, but the Secretary of the Navy took the money
+     appropriated for other purposes and other years and paid it out
+     of that. This is bad enough.... But when this packed committee
+     came to examine this transaction, a majority of its members
+     reported that the transactions only involved a mere difference
+     of opinion as to the construction of the law, and, in their
+     opinion, the Secretary had construed it rightly. And Mr.
+     Robeson, instead of being rebuked, is commended by the
+     committee, and is continued in office. It is due to the
+     chairman of the committee--Governor Blair, of Michigan, and one
+     of his associates--the committee consisted of five members--to
+     say that they dissented from the majority report, and held that
+     the transaction was not only without authority of law, but in
+     direct violation of it....
+
+     "I was never a party man to the extent of being willing to
+     serve the party against my country and if, to-day, I am acting
+     with the Liberal Republican party, if I have denounced these
+     transactions at the hazard of being myself denounced, it was
+     done in good faith on my part, for the purpose of correcting
+     abuses, and appealing from a party tyranny established by a
+     Senatorial Ring to the honest, intelligent, upright citizens of
+     the country, who are bound by no such shackles as will compel
+     them to cover up fraud and iniquity in any party...."
+
+     He mentioned the encroachments of the Federal Government, as in
+     the attempt to destroy the privilege of the writ of _habeas
+     corpus_ in the last session of Congress, as a bill virtually
+     placing the elections of the Southern States under the
+     direction of the President. If the people have become so far
+     indifferent to their rights as to permit the President to
+     suspend the writ of _habeas corpus_ at will, and to control
+     and supervise their elections, their liberties are gone, and
+     "they have only to wait until a man sufficiently ambitious
+     reaches the Presidency, for him to grasp and maintain absolute
+     powers."
+
+The speech was two hours long, and concluded with this tribute to
+Greeley:
+
+     ... Mr. Greeley [he said] is a man of the highest character and
+     intelligence. No man in the land is better acquainted with the
+     public men of the country than he. He is a man of purity of
+     character, of strict honesty, who would not look upon
+     corruption and official delinquency with the least degree of
+     allowance. You may rely upon that and upon his bringing about
+     him the ablest men of the land to form a strong and able
+     Administration, because he knows who the able men are, and
+     could have no other motive than to make his Administration a
+     success, as he will not seek a reelection. I am not in the
+     habit of saying much about individuals, but I think I may say
+     to you that you may trust Horace Greeley for an honest
+     administration of the Government, and that is what the people
+     of the country want. You may trust him above almost all other
+     men in this land for bringing about that state of good feeling
+     between the North and the South, so essential to the peace and
+     prosperity of the nation.
+
+The campaign started with considerable eclat among the ranks of
+Greeley's supporters and corresponding depression on the other side.
+Carl Schurz, who took the laboring oar, at first with reluctance
+bordering on gloom, gathered confidence as he progressed in his stumping
+tour. Enthusiasm for the old white hat seemed to be no figment of
+imagination, but a living reality. All eyes were fixed upon North
+Carolina which had an election for state officers on the 1st of August,
+and which the Liberals expected to win. The early returns seemed to
+justify their confidence, but there was a change when the western
+mountain districts were heard from. The supporters of Grant carried the
+state by about 2000 majority. This wound was not so deep as a well nor
+so wide as a church door, but it answered one purpose. It ended the "old
+white hat" enthusiasm and turned attention to the more sober and solid
+aspects of the campaign. That Greeley was an unbalanced character, that
+he was lacking in steadiness, in mental equipoise and ability to look at
+both sides of any question where his feelings were strongly enlisted, it
+was easy to show by many examples in his brilliant career. His
+occasional controversies with Lincoln during the war, in which he was
+invariably worsted, were now reproduced with effect by the orators on
+the Grant side, and the old white hat and coat and the Flintwinch
+neck-tie were savagely pictured by Tom Nast in _Harper's Weekly_. There
+were satirical persons who said that Greeley took as much pains to make
+himself a harlequin as another might take to make himself a dandy.
+
+The attacks were not without effect upon people who had never seen
+Greeley face to face. To his immediate friends in New York it seemed
+necessary that he should show himself to the public so that people might
+know he was a man of solid parts, of statesmanlike proportions and brain
+power. He was persuaded to make a series of speeches in Indiana, Ohio,
+and Pennsylvania in the month of September, as those states were likely
+to have a decisive influence on the country in their local elections,
+which took place in October. Accordingly he took the stump, beginning at
+Jeffersonville, Indiana, and moving eastward. His speeches surprised
+both friends and enemies by their high tone, argumentative force, good
+temper, and versatility and vigor of expression. The main point which he
+sought to enforce was the need of restored peace and brotherhood in all
+the land. No pleading could be more persuasive or more touching. No
+doubt can exist of the sincerity with which it was uttered.
+
+It was somewhat droll that in the last speech of the series he was
+confronted by a speaker on the Grant side at Easton, Pennsylvania,
+September 28, who predicted that if Greeley were elected all the furnace
+fires in the Lehigh Valley would be put out and their working-people
+thrown upon the almshouses. This to the stoutest champion of the
+protective tariff then living! He was not, however, struck dumb by the
+prospect of the early impoverishment of the iron workers. He said:
+
+     A recent speaker of the opposition has asserted that if I were
+     made President all the furnace fires in the Lehigh Valley would
+     presently be put out. This seems incredible. All men know I am
+     a protectionist; but that I would not veto any bill fairly
+     passed by the Congress of the United States modifying or
+     changing the tariff is certainly true. I do not believe in
+     government by selfish rings, but I believe just as little in
+     government by the one-man power. I don't believe in government
+     by vetoes. The veto power of the President is not given him to
+     enable him to reject every bill for which he would have refused
+     to vote if a member of Congress, but only to be employed in
+     certain great emergencies where corruption or recklessness has
+     passed a measure through Congress which would not stand the
+     test of inquiry. I tell you, friends, I believe in legislation
+     by Congress, not by Presidents, and I should myself approve and
+     sign a bill which had a fair majority in Congress, although in
+     my judgment it was not accordant with public policy--with the
+     wisest policy.
+
+Although Greeley's stumping tour raised him in the public estimation, it
+is doubtful if it gained him any votes. It was now too late. People's
+minds were made up and nothing could change them, not even the
+Credit-Mobilier scandal. General Grant was not concerned in this
+scandal, but a number of his most distinguished supporters, the very
+pillars of the Republican party, beginning with Vice-President Colfax,
+were named as guilty of taking bribes to influence their votes in
+Congress for the Union Pacific Railroad. This accusation was not made
+public until September, and then by accident. Most of the persons
+accused made denial, and since no investigation could be had until the
+next session of Congress (a month later than the election), nobody was
+bound to give credence to an unproved charge. The general answer of the
+supporters of Grant was that they would not withhold their votes from
+him even if the charge were true. Nor could they be blamed for so
+saying. If the persons accused were really guilty, they would be
+punished in due time, or at all events exposed, and exposure would
+itself be punishment. It is needless to go into the details of the
+Credit-Mobilier scandal here. It was investigated by an able and
+impartial committee of the House, and all the guilty ones were visited
+with such punishment as Congress could legally inflict.
+
+Of the three October states, Pennsylvania and Ohio gave large Republican
+majorities and Indiana a small majority for Hendricks (Democrat) for
+governor. This was decisive of the general result in November. Greeley
+and Brown were overwhelmingly defeated. The only states that gave them
+majorities were Georgia, Kentucky, Maryland, Missouri, Tennessee, and
+Texas, having altogether 66 electoral votes. The others gave Grant and
+Wilson a total of 272 electoral votes. The state of New York, which
+Greeley, in his letter to Schurz, had claimed by 50,000, gave 53,000
+majority against him.
+
+I have always held the opinion that either Adams or Trumbull could have
+been elected if nominated at Cincinnati. I think also that Adams was the
+stronger of the two, because he had incurred no personal ill-will during
+the twelve years of war and Reconstruction and because the minds of the
+Democratic leaders who had encouraged the Liberal movement were eagerly
+expecting him. There would have been no bolting movement in that
+quarter. The Germans also were enthusiastic for Adams, and although they
+would have supported Trumbull willingly, there would have been perhaps a
+trifle less of cordiality for him. Neither of the two was gifted with
+personal "magnetism," but either of them had as much of that quality as
+Grant had, or as the public then desired. The voters were not then in
+search of the sympathetic virtues. There was a yearning for some
+cold-blooded, masterful man to go through the temple of freedom with a
+scourge of small cords driving out the grafters and money-changers.
+Adams was qualified for this role. He was also the man of whom the
+Republican leaders had the gravest fears as an opposing candidate.
+
+The campaign and its result killed poor Greeley. The election took place
+on the 5th of November. On the 10th he wrote a letter of two lines
+marked "private forever" to Carl Schurz, saying:
+
+     I wish I could say with what an agony of emotion I subscribe
+     myself, gratefully yours, Horace Greeley.
+
+He then took to his bed and his friends became alarmed. Frequent
+bulletins were published in the _Tribune_ showing that he was a victim
+of insomnia, from which, the paper said, he had been a sufferer, more or
+less, at former periods of his life. He died on the 29th. His wife had
+died one month earlier, October 30. History says that he died of a
+broken heart.[129]
+
+That Greeley had been eager for public office from an early period was
+shown by his famous letter withdrawing himself as junior partner from
+the firm of Seward, Weed, and Greeley. When the Cincinnati nomination
+came to him his fondest dreams seemed to be on the eve of fulfillment.
+Now all such dreams had vanished, a political party of noble aspirations
+had foundered on him as the hidden rock, his self-esteem had received an
+annihilating blow, and his beloved _Tribune_, the labor of his lifetime,
+was supposed to be ruined pecuniarily. Whatever his faults may have
+been, he received his punishment for them in this world. He was only
+sixty-two years of age, of sound constitution and good habits, and had
+never used liquor or tobacco. He ought to, and probably would, have
+lived twenty years longer if he had put away ambition and contented
+himself with the repute and influence he had fairly earned. He was the
+most influential editor of his time and country, but as a political
+writer E. L. Godkin was his superior, and in fact Godkin, in the columns
+of the _Nation_, contributed more than any other writer, perhaps more
+than any other person, to his overthrow.
+
+       *       *       *       *       *
+
+The state election of Louisiana in 1872 had resulted in a disputed
+return for governor and legislature. One set of returns showed a
+majority for John McEnery, the conservative candidate. Another set
+showed a majority for William P. Kellogg, Republican. The sitting
+governor, Warmoth, controlled the returning board and he favored
+McEnery. A former returning board headed by one Lynch had been dissolved
+by an act of the legislature. To this defunct board the supporters of
+Kellogg appealed. The Lynch Board, without any actual returns before
+them, declared Kellogg elected. They then procured an order from Judge
+Durell, of the United States Circuit Court at New Orleans, to the United
+States Marshal, Packard, who had a small military force at his command,
+to seize the State House. This was done and the act was approved by
+President Grant. An appeal to him from the better class of citizens of
+New Orleans was rejected. The excitement in Congress growing out of this
+usurpation was intense, even among Republicans. The Senate Committee on
+Privileges and Elections was ordered to make an investigation, which it
+did, and it reported, through Senator Carpenter on the 20th of February,
+that the action of Judge Durell was illegal and that all steps taken in
+pursuance of it were void. It recommended a new election and reported a
+bill for holding it; but Senator Morton, who made a minority report,
+prevented it from coming to a vote. Trumbull, who was also a member of
+the committee, made a report more drastic than that of Carpenter and
+supported his own view by a speech delivered on the 15th of February.
+
+     Here you have [he said] an order sent from the city of
+     Washington on the 3d day of December, which was before Judge
+     Durell issued his order to seize the State House and organize a
+     legislature, and directing that nobody should take part in the
+     organization except such persons as were returned as members by
+     what was known as the Lynch Board, a board which the committee,
+     in their report drawn by the Senator from Wisconsin, say had
+     been abolished by an act of the legislature, and had not a
+     single official return before it. It undertook to canvass
+     returns without having any returns to canvass. On forged
+     affidavits, hearsay, and newspaper reports and verbal
+     statements, the Lynch Returning Board, consisting of four men,
+     without legal existence as a returning board, got together and
+     without one official return, or other legitimate evidence
+     before them, undertook to say who should constitute the
+     Legislature of Louisiana.[130]
+
+This was Trumbull's last speech in the Senate and was one of his best,
+but other influences prevailed with Grant.[131]
+
+Thus Kellogg and his crew became the masters of Louisiana, and four
+years later became the deciding factor in the Hayes-Tilden presidential
+contest.
+
+FOOTNOTES:
+
+[128] This fact was given to me by General Dodge, in writing.
+
+[129] John Bigelow's Diary, under date Nov. 28, 1872, contains the
+following entry:
+
+"Greeley is now in a madhouse, and before morning will probably be
+dead--so Swinton tells me to-day; and Reid, whom I saw to-day, confirms
+these apprehensions." _Retrospections of an Active Life_, v, 91.
+
+[130] _Cong. Globe_, 1873, p. 1744.
+
+[131] Rhodes thinks that the influence which prevailed with Grant in
+this instance was that of Morton. (_History of the United States_, VII,
+111.)
+
+
+
+
+CHAPTER XXVII
+
+LATER YEARS
+
+
+The defeat of the Liberal Republicans terminated Trumbull's official
+career. His senatorial term expired on the 3d of March, 1873. The
+regular Republicans carried the legislature of Illinois, and Richard J.
+Oglesby was elected Senator in his stead. He was now sixty years of age
+and he resumed the practice of his profession in the city of Chicago,
+which had been his place of residence during the greater part of his
+senatorial service. His law firm at the beginning was Trumbull, Church &
+Trumbull, the second member being Mr. Firman Church and the third Mr.
+Perry Trumbull, a son of the ex-Senator. Mr. William J. Bryan soon
+afterward became a student in the office. Various changes took place in
+the Trumbull law firm. Mr. Church removed to California, and his place
+was taken by Mr. Henry S. Robbins, and the firm became Trumbull,
+Robbins, Willetts & Trumbull. Mr. Hempstead Washburne, son of Hon. Elihu
+B. Washburne, became a member of the firm later. Trumbull's reputation,
+talents, and experience soon gave him a place in the front rank of his
+profession, which he maintained till the end of his long life. I shall
+not attempt to follow the details of his career at the bar except as
+they touch upon public questions. The first affair of this kind was the
+Hayes-Tilden disputed election of 1876.
+
+The second Grant Administration was more lamentable than the first in
+respect of military rule, turbulence, and bloodshed in the South and
+corruption in the civil service in the North. These evils became so
+glaring and intolerable that the Republican party suffered a disastrous
+defeat in the congressional elections of 1874, and failed to secure a
+majority of the popular vote in the presidential election of 1876. The
+opposing candidates in this contest were Hayes (Republican) and Tilden
+(Democrat). One hundred and eighty-five electoral votes were necessary
+to a choice. The undisputed returns gave Tilden 184 and Hayes 166. Those
+of Florida, Louisiana, and South Carolina were in dispute. It was
+necessary that Hayes should have all of them in order to be the next
+President. All of these states were under military control, and the
+returning boards who had the power of canvassing the votes, and the
+governors who had the power of certifying the result to Congress, were
+Republicans.
+
+The excitement in the country when this condition became known was
+extreme. No confidence was placed in the character of the Southern
+returning boards. That of Louisiana consisted of three knaves and one
+fool,[132] and the governor of the state was W. P. Kellogg, who had
+acquired the office by the acts of usurpation described in the preceding
+chapter. It was seen at once that unless some respectable tribunal could
+be devised to decide between the conflicting claims the country might
+drift into a new civil war. The first thing to be done was to endeavor
+to secure a fair count of the ballots cast in the disputed states. To
+this end a certain number of "visiting statesmen" were chosen by the
+heads of their respective political parties to go to the scene of the
+contest and watch all the steps taken by the canvassers of the votes.
+President Grant appointed those of the Republican party and Abram S.
+Hewitt, chairman of the National Democratic Committee, appointed the
+others. Trumbull had voted for Tilden in the election, and he was
+chosen by Hewitt as one of ten visiting statesmen for Louisiana. Senator
+Sherman, of Ohio, was one of the Republican visitors. Congress passed a
+law on the 29th of January, 1877, to create an Electoral Commission,
+consisting of five Senators, five Representatives, and five judges of
+the Supreme Court, to take all the evidence in regard to the disputed
+elections and to render a decision thereon by a majority vote of the
+fifteen members. Four of the five judges of the Supreme Court were named
+in the act of Congress. They were Miller and Swayne, Republicans, and
+Clifford and Field, Democrats, and the act provided that these four
+should choose the fifth. It was the general expectation that they would
+choose David Davis as the fifth member, as he was commonly classed as an
+Independent, since he had been a candidate in the Cincinnati Convention,
+which nominated Greeley. But, on the very day when the Electoral
+Commission Bill passed, Davis was elected by the legislature of Illinois
+as Senator of the United States, to succeed Logan whose term was
+expiring. Davis accepted the senatorship and declined to serve as the
+fifth judge. Thereupon Bradley was chosen in his stead.
+
+Trumbull was chosen as one of the counsel on the Tilden side to argue
+the Louisiana case. On the 14th of February he appeared before the
+Commission and offered to show that the votes certified by the
+commissioners of election in the voting precincts of Louisiana to the
+supervisors of registration, who were the officers legally appointed to
+receive the same, showed a majority varying from six to nine thousand
+for the Tilden electors; that the returning board did not receive from
+any poll, voting place, or parish, and did not have before them, any
+statement, as required by law, of any riot, tumult, act of violence,
+intimidation, armed disturbance, bribery, or corrupt influence tending
+to prevent a free, fair, peaceable vote; that the supervisors of
+registration, without any such statements of violence or intimidation,
+omitted to include in the returns of election, or to make any mention of
+the same, votes amounting to a majority of 2267 against W. P. Kellogg,
+one of the Hayes electors; that the votes cast on the 7th of November,
+1876, had never been compiled or canvassed; that the votes had never
+been opened by the governor in the presence of the other state officers
+required by law to be present, nor in the presence of any of them; that
+the law of Louisiana required that both political parties should be
+represented on the returning board, but that all the members, four in
+number, were Republicans, and that although there was one vacancy on the
+board they refused to fill it by choosing anybody; that the returning
+board employed as clerks and assistants four persons, whose names were
+given, all of whom were then under indictment for crime, to whom was
+committed the task of compiling and canvassing the returns, and that
+none but Republicans were to be present; and that all the decisions of
+the returning board were made in secret session.
+
+     Not to detain you [said Trumbull] as to this Government in
+     Louisiana, I will only say that it is not a republican
+     government, for it is a matter that I think this Commission
+     should take official knowledge of, that the pretended officers
+     in the state of Louisiana are upheld by military power alone.
+     They could not maintain themselves an hour but for military
+     support. Is that government republican which rests upon
+     military power for support? A republican government is a
+     government of the people, for the people, and by the people:
+     but the Government in Louisiana has been nothing but a military
+     despotism for the last four years, and it could not stand a day
+     if the people were not overborne by military power.
+
+His speech was about two hours long, and he was followed by Carpenter
+and Campbell on the same side. The leading argument on the Hayes side
+was made by Mr. E. W. Stoughton, of New York, who contended that neither
+the Commission nor Congress itself could go behind the official returns
+certified by the governor of the state of Louisiana, and that the
+recognition of Kellogg as governor by the President of the United States
+was conclusive evidence of the fact that he was the person empowered to
+act in that capacity.
+
+By a vote of eight to seven the Commission decided in favor of
+Stoughton's contention, and the same rule was applied to all the other
+disputed returns, and by this ruling the presidential office was awarded
+to Rutherford B. Hayes.
+
+Under the circumstances then existing, and with the characters then
+holding office in Louisiana, it is obvious that the latter had power to
+throw out an unlimited number of Tilden votes if necessary to make a
+majority for Hayes. It is not obvious that the supporters of Tilden had
+power to intimidate an unlimited number of negroes; the number of the
+latter was slightly less than the number of whites in the State, and it
+was known that some of the negroes had joined the conservative party.
+Moreover, the Kellogg government was shamefully illegal, even as
+measured by the standards then enforced upon the South. It is fair to
+presume, therefore, that Tilden was justly entitled to the electoral
+votes of Louisiana. That is my belief although I voted for Hayes.
+
+It does not follow, however, that the decision of the Electoral
+Commission was wrong. That body was bound to consider the remote as well
+as the immediate consequences of its acts. It was engaged in making a
+precedent to be followed in similar disputes thereafter, if such should
+arise. If Congress, or any commission acting by its authority, should
+assume the functions of a returning board for all the states in future
+presidential elections, what limit could be set to their investigations,
+or to the passions agitating the country while the same were in
+progress? In short, the Electoral Commission was sitting not to do
+justice between man and man, but to save the Republic. Even if it made a
+mistake in the exercise of its discretion, the mistake was pardonable.
+
+       *       *       *       *       *
+
+On the 3d of November, 1877, the subject of this memoir was married to
+Miss Mary Ingraham, of Saybrook Point, Connecticut. The lady's mother
+was his first cousin. Two daughters were born of this union, both of
+whom died in infancy.
+
+       *       *       *       *       *
+
+In 1880, when the next presidential campaign, that of Garfield and
+Hancock, opened, the Democrats of Illinois nominated Trumbull for
+governor of the State, without his own solicitation or desire. He was
+now sixty-seven years of age, with powers of body and mind unimpaired.
+In accepting the nomination he gave a brief account of his political
+life extending over a period of nearly forty years. He acknowledged that
+he had made mistakes, but said he had never given a vote or performed an
+act in his official capacity which he did not at the time believe was
+for his country's good. He made a vigorous campaign, but the traces left
+of it in the newspapers contain nothing that need be recalled now. The
+Republican majority in the state was between thirty and forty thousand.
+The Republicans nominated Shelby M. Cullom for Governor and he was
+elected.
+
+       *       *       *       *       *
+
+The World's Columbian Exposition took place at Chicago in the year 1893.
+During one of my visits to it I had the pleasure of dining with Mr.
+and Mrs. Trumbull at their home on Lake Avenue. The only other guest was
+William J. Bryan, whom I had not met before. The leading issue in
+politics then was the free coinage of silver at the ratio of sixteen to
+one. Mr. Bryan was an enthusiastic free-silver man and a firm believer
+in the early triumph of that doctrine. Trumbull was inclined to the same
+belief, although less confident of its success. We had an animated but
+friendly discussion of that question. President Cleveland had just
+called a special session of Congress to repeal the Silver Purchasing Act
+then in force, which was not a free-coinage law. I ventured to predict
+to my table companions that the purchasing law would be repealed and
+that no free-coinage law would be enacted in place of it, either then or
+later. None of us imagined that three years from that time Mr. Bryan
+himself would be the nominee of the Democratic party for President of
+the United States, on that issue. Trumbull's geniality and cordiality at
+this meeting were a joy to his guests. Our conversation, ranging over a
+period of nearly forty years, filled two delightful hours. He was then
+eighty years of age, but in vigor of mind and body I did not notice any
+change in him. We parted, not knowing that we should not meet again.
+
+[Illustration: _AET. 80_]
+
+Trumbull's next appearance on the public stage was in the case of Eugene
+V. Debs, who is still with us as a perpetual candidate of the
+Socialistic party for President. In 1894 he was president of an
+organization of railway employees known as the American Railway Union.
+In the month of May a dispute arose between the Pullman Palace Car
+Company and its employees in reference to the rate of wages, which
+resulted in a strike. Debs and his fellow officers of the Railway Union,
+for the purpose of compelling the Pullman Company to yield to the
+demands of their employees, issued an order to the railway companies
+that they should cease hauling Pullman cars, and, if they should not so
+cease, that the trainmen, switchmen, and others working on the railways
+aforesaid should strike also. As a consequence of this order twenty-two
+railroads were "tied up." All passengers trains composed in part of
+Pullman cars were brought to a standstill. Riots broke out in the
+streets of Chicago. An injunction was issued against Debs by Judge
+Woods, of the United States Circuit Court. Governor Altgelt, of
+Illinois, was called upon to restore order in the city, but before he
+did so President Cleveland, having been officially informed that the
+movement of the mails was obstructed by violence in the streets of
+Chicago, ordered a small body of troops to that city to break the
+blockade. This they accomplished without delay and without bloodshed. In
+the mean time Debs and his associates were put under arrest for
+violating the injunction of the court. Debs employed Mr. Clarence Darrow
+as his attorney, and Darrow applied for a writ of _habeas corpus_, which
+was refused. Darrow appealed to the Supreme Court of the United States
+and engaged Lyman Trumbull and S. S. Gregory as associate counsel. The
+appeal was argued by Trumbull at the October Term in Washington City.
+Trumbull had volunteered his service and refused a fee, accepting only
+his traveling expenses. The court rejected the petition for a writ of
+_habeas corpus_ and affirmed the jurisdiction of the circuit court.
+
+Both President Cleveland and the court were sustained by public opinion
+in this disposition of Debs. On the 6th of October, a large meeting was
+held at Central Music Hall in Chicago to consider the recent exciting
+events. It was addressed by Trumbull and Henry D. Lloyd. Trumbull's
+speech was published in the newspapers and in pamphlet form as a
+Populist campaign document. It was extremely effective from the Populist
+point of view, and was not, on the whole, more radical than the
+so-called Progressive platform of the present day. While expressing
+decided opinions on the subject of "judicial usurpation" (referring to
+the Debs case without mentioning it), he exhorted his hearers to seek a
+remedy by the action of Congress. "It is to be hoped," he said, "that
+Congress when it meets will put some check upon federal judges in
+assuming control of railroads and issuing blanket injunctions and
+punishing people for contempt of their assumed authority. If Congress
+does not do it, I trust the people will see to it that representatives
+are chosen hereafter who will." The recall of judges, as a remedy for
+unpopular decisions, had not yet been discovered.
+
+The testimony of persons who were present at this meeting is that
+Trumbull showed no abatement of his powers as a speaker, and that the
+audience "went wild with enthusiasm."
+
+In the month of December following, the leaders of the People's party in
+Chicago, ten in number, requested Trumbull to prepare a declaration of
+principles to be presented by them for consideration at a national
+conference of their party to meet at St. Louis on the 28th. This paper
+was drawn up and delivered to them in his own handwriting a few days
+before the meeting and was published in the _Chicago Times_ of December
+27, in the following words:
+
+     1. Resolved, That human brotherhood and equality of rights are
+     cardinal principles of true democracy.
+
+     2. Resolved, That, forgetting all past political differences,
+     we unite in the common purpose to rescue the Government from
+     the control of monopolists and concentrated wealth, to limit
+     their powers of perpetuation by curtailing their privileges,
+     and to secure the rights of free speech, a free press, free
+     labor, and trial by jury--all rules, regulations, and judicial
+     dicta in derogation of either of which are arbitrary,
+     unconstitutional, and not to be tolerated by a free people.
+
+     3. We endorse the resolution adopted by the National Republican
+     Convention of 1860, which was incorporated by President Lincoln
+     in his inaugural address, as follows: "That the maintenance
+     inviolate of the rights of the states, and especially of the
+     right of each state to order and control its own domestic
+     institutions according to its own judgment exclusively, is
+     essential to that balance of power on which the endurance of
+     our political fabric depends, and we denounce the lawless
+     invasion by armed force of the soil of any state or territory,
+     no matter under what pretext, as among the gravest of crimes."
+
+     4. Resolved, That the power given Congress by the Constitution
+     to provide for calling forth the militia to execute the laws of
+     the Union, to suppress insurrections, to repel invasions, does
+     not warrant the Government in making use of a standing army in
+     aiding monopolies in the oppression of their employees. When
+     freemen unsheathe the sword it should be to strike for liberty,
+     not for despotism, or to uphold privileged monopolies in the
+     oppression of the poor.
+
+     5. Resolved, That to check the rapid absorption of the wealth
+     of the country and its perpetuation in a few hands we demand
+     the enactment of laws limiting the amount of property to be
+     acquired by devise or inheritance.
+
+     6. Resolved, That we denounce the issue of interest-bearing
+     bonds by the Government in times of peace, to be paid for, in
+     part at least, by gold drawn from the Treasury, which results
+     in the Government's paying interest on its own money.
+
+     7. Resolved, That we demand that Congress perform the
+     constitutional duty to coin money, regulate the value thereof
+     and of foreign coin by the enactment of laws for the free
+     coinage of silver with that of gold at the ratio of 16 to 1.
+
+     8. Resolved, That monopolies affecting the public interest
+     should be owned and operated by the Government in the interest
+     of the people; all employees of the same to be governed by
+     civil service rules, and no one to be employed or displaced on
+     account of politics.
+
+     9. Resolved, That we inscribe on our banner, "Down with
+     monopolies and millionaire control! Up with the rights of man
+     and the masses!" And under this banner we march to the polls
+     and to victory.
+
+These resolutions were conveyed to the St. Louis meeting by Henry D.
+Lloyd and F. J. Schulte and were adopted by the conference without
+alteration.
+
+FOOTNOTES:
+
+[132] Rhodes, _History of the United States_, VII, 231.
+
+
+
+
+CHAPTER XXVIII
+
+CONCLUSION
+
+
+On the 22d of March, 1896, Trumbull made an argument before the Supreme
+Court at Washington City. On the 11th of April, although ailing from an
+unknown malady, he went to Belleville to attend the funeral of his old
+and faithful friend, Gustave Koerner, and to make a brief address over
+the remains. This journey was made against the advice of his physician.
+At the conclusion of his remarks he became ill at his hotel in
+Belleville. There was a consultation of physicians, who reached the
+conclusion that he would be able to go home if he should go at once. He
+decided not to delay, and he reached home on the morning of April 13.
+Here another consultation of physicians took place at which a surgical
+operation was decided upon. This led to the discovery of an internal
+tumor which, in their judgment, could not be removed without causing
+immediate death. He lingered till the 5th of June. Before his death he
+made a calm and careful adjustment of his business affairs and gave to
+his children and grandchildren keepsakes that he had for years preserved
+for them. He passed away at the age of eighty-two years, seven months,
+and twelve days. His funeral, which was largely attended, took place
+from his house, No. 4008 Lake Avenue, and his remains were interred in
+Oakwoods Cemetery.
+
+There was a meeting of the Bar Association of Chicago to prepare a
+memorial on his life and services. On this occasion Hon. Thomas A.
+Moran, former judge of the appellate court, said:
+
+     At the end of his career in the United States Senate, Judge
+     Trumbull became a member of the Chicago Bar. He was thereafter
+     continuously, and up to the time of his death, engaged in the
+     active and laborious practice of his profession. The great
+     place that he had held in the councils of the nation, the
+     influence that he had exerted upon national legislation, and
+     the esteem in which he was held by the lawyers and the
+     statesmen of the country, entitled him to a lofty mien; but as
+     is well known to us all who had the privilege of his
+     acquaintance at the bar, while his demeanor was grave it was
+     also modest, and his manner was marked by a gentleness that was
+     most grateful to everybody with whom he came in contact. His
+     sincerity and honesty in the presentation of his case, his
+     respectful demeanor to any court in which he was engaged in a
+     legal contest, constituted him a model that the lawyers of our
+     bar might well imitate. He was in practice at the bar
+     forty-four years after he ceased to be a judge of the supreme
+     court of this state.... He was preeminently the grand old man
+     of this country. In his intercourse with his fellow citizens he
+     was a quiet, sincere, frank, honest American gentleman. Lyman
+     Trumbull was one of the very great men of the nation.
+
+Eulogistic remarks were made also by Senator John M. Palmer, ex-Senator
+James R. Doolittle, and Judge Henry W. Blodgett. Mr. Doolittle said that
+of the sixty-six members of the United States Senate who were there when
+Secession began, only four were then living. They were Harlan, of Iowa,
+Rice, of Minnesota, Clingman, of North Carolina, and himself
+(Doolittle).
+
+Trumbull's forte was that of a political debater well grounded in the
+law. Here he stood in the very front rank, both as a Senator addressing
+his equals and as an orator on the hustings. He was always ready to
+discuss the questions which he was required to face. He had a logical
+mind, and the ability to think quickly and to choose the right words to
+express his ideas. He never wasted words in ornament or display. He
+never lost his balance when addressing the Senate, or a public audience.
+He had perfect self-possession. He never stood in awe of any other
+debater or hesitated to reply promptly to question or challenge. Nor did
+he ever lose his dignity in debate. Once he came near to calling Sumner
+a falsifier, when the latter had described him as recreant to the
+principles of human liberty; but he restrained himself in time to avoid
+an infraction of the rules of the Senate. And he afterwards came to the
+defense of Sumner when the latter was deposed, by his more subservient
+colleagues, from the chairmanship of the Committee on Foreign Relations.
+On this occasion Sumner came forward holding out both hands, and with
+tears in his eyes thanked him for his generosity.
+
+His rare forensic gifts would have been unavailing without confidence in
+the justice of his cause, and a clear conscience which shone in his face
+and pervaded him through and through. Although not endowed with
+oratorical graces he grasped the attention of his audience at once, and
+he never failed to convince his hearers that he had an eye single to the
+public good. It was hard for him to separate himself from the Republican
+party in 1871-72, but he considered it a duty that he owed to the
+country to expose the rottenness then pervading the national
+administration. He did not have General Grant in mind when he moved the
+investigation of custom-house frauds in New York. He did not aim at him
+directly or indirectly, but at the system which had grown up before his
+election. Grant's mental make-up was such that he considered any
+fault-finding with federal office-holders a reproach to himself, as the
+head of the Government, and accordingly braced himself against it; and
+this habit grew on him through the whole eight years of his presidency.
+Yet Trumbull uttered no reproach against him during the campaign of
+1872, or later.
+
+It was commonly said that Trumbull's nature was cold and unsympathetic.
+This was a mannerism merely. He did not carry his heart upon his sleeve
+for daws to peck at, but he was an affectionate husband and father and
+grandfather, most generous to his parents, brothers, and sisters, and
+one of the most unselfish men I ever knew. His poor constituents, who
+were often stranded in Washington, needing help to get home, seldom
+applied to him for assistance in vain, and this kind of drain was pretty
+severe during his whole senatorial service. He was fond of little
+children. He was often seen playing croquet with his own and others in
+Washington City. Mr. Morris St. P. Thomas, a member of the Chicago Bar
+who shared Trumbull's office during his later years, says that he never
+knew a warmer-hearted man than Trumbull. He was kindness and
+consideration itself to the people in his office. He was never cross or
+short, and every young man there always felt that he could go into the
+judge's room whenever he liked, and sit down and tell him his troubles.
+Once it devolved upon Mr. Thomas to engage a stenographer for the
+office. Of the several applicants the best was an unprepossessing,
+hump-backed girl. "I told the judge about her--that she was the ablest
+applicant, but very unprepossessing in appearance." "Why," said he, at
+once, "that's the very reason to take her, poor girl!" And they kept her
+for years.[133]
+
+In short, he was a high-minded, kind-hearted, courteous gentleman,
+without ostentation and without guile. In business affairs he was
+punctual, accurate, and spotless. He never borrowed money, never bought
+anything that he could not pay cash for, never gave a promissory note in
+his life, not even in the purchase of real estate where deferred
+payments are customary. The best blood of New England coursed in his
+veins and he never dishonored it, in either private or public life.
+
+It is perhaps too early to assign to Trumbull his proper place in the
+roll of statesmen of the Civil War period. Those who come after us and
+can look back one hundred years, instead of fifty, will doubtless have a
+better perspective and a clearer vision than those who lived with the
+actors of that momentous struggle. Some things, however, we may be sure
+of. One is that the man who drew the Thirteenth Amendment of the
+Constitution, abolishing slavery in the United States and all places
+under the jurisdiction thereof, will never be forgotten as long as the
+love of liberty survives in this land. Not that the Thirteenth Amendment
+would not have been passed and incorporated in our system even if Lyman
+Trumbull had not been a Senator, or if he had never been born. It was a
+consequence of the taking-up of arms against the Union in 1861 that
+slavery should come to an end somehow. All that Lincoln did, all that
+Trumbull did, all that Congress did, was to seize the occasion to give
+direction to certain irresistible forces then called into existence for
+blessing or cursing mankind. There were different ways of bringing
+slavery to an end. That of constitutional amendment was the best of all
+because it removed the subject-matter from the field of dispute at once
+and forever. Lincoln paved the way for it. He prepared the public mind
+for it by his two proclamations of emancipation. Trumbull and Congress
+and the state legislatures did the rest.
+
+It may be fairly said that Trumbull took the lead in putting an end to
+arbitrary arrests in the loyal states where the courts of justice were
+open, and in prescribing the process of the suspension of the writ of
+_habeas corpus_. This was a difficult problem to handle and it cost
+Trumbull some popularity, since the loyal spirit of the North was very
+touchy on the subject of Copperheads and easily inflamed against anybody
+who was accused of sympathy with them. The law finally passed seems now
+to be altogether just, and well suited to be put in practice again if
+occasion for it should arise.
+
+Trumbull's place as one of the "Seven Traitors" who voted not guilty on
+the impeachment of Andrew Johnson is now universally considered a proud
+position, and I think that that of his neighbor and friend, James R.
+Doolittle, of Wisconsin, who earned the title of traitor a year or two
+earlier, is entitled to a place in the same Valhalla. Both are deserving
+of monuments at the hands of their respective states.
+
+The reader of these pages cannot fail to discern a marked change in
+Trumbull's course on Reconstruction about midway of the struggle on that
+issue. Gideon Welles said, under date January 16, 1867, "He [Trumbull]
+has changed his principles within a year.[134] The facts are that he
+agreed with Lincoln's plan of Reconstruction, embodied it in the
+Louisiana Bill, reported it favorably from the Judiciary Committee,
+tried to pass it in the closing days of the Thirty-eighth Congress, but
+was prevented by the filibustering tactics of Sumner. After Johnson
+became President he adhered to that plan until Johnson vetoed the
+Freedmen's Bureau and Civil Rights Bills. He then believed that Johnson
+had betrayed the cause for which the nation had fought through a four
+years' war and that the freedom of the blacks would be endangered if
+Johnson were sustained by the loyal states. He accordingly went with his
+party, but with misgivings, halting now and then, putting blocks in the
+way of the radicals here and there. He ceased to be the leader of the
+Senate as he had hitherto been, on this class of questions, and he
+became a reluctant follower. When Sumner became angry and charged him in
+1870 with betrayal of the cause of freedom, he hotly affirmed that he
+had voted for every measure for the equal rights of the freedmen that
+Congress had passed, including the three constitutional amendments. The
+truth was that he had put obstacles in the way of several measures that
+Sumner deemed indispensable, until it became plain that the Republican
+party was determined to pass them and that further resistance would be
+useless. Then he gave his assent to them. This course he pursued until
+the Anti-Ku-Klux Bill was agreed to, by the Judiciary Committee, in
+1871. Against this measure he voted in the committee and in the Senate.
+He held it to be unconstitutional, and he used against it the same
+arguments in substance that Bingham had used in the House against the
+Civil Rights Bill; and both he and Bingham were right. Trumbull did not
+change his principles, but he made an error in common with his party and
+he corrected it as soon as he became convinced that it was an error. I
+am open to the same criticism."
+
+Among interviews with men of note published in the Chicago press
+concerning the deceased was one with Mr. Joseph Medill, not a friendly
+critic but a political seer of the first class, who thought that
+Trumbull might have been President of the United States if he had voted,
+in the impeachment case, to convict Andrew Johnson.
+
+     If he had remained true to his party [said Mr. Medill], Judge
+     Trumbull, I believe, would have died with his name in the roll
+     of Presidents of the United States. I have always thought that
+     he could have been the successor of Grant. He stood so high in
+     the estimation of his party and the nation that nothing was
+     beyond his reach. Grant, of course, came before everybody, but
+     Trumbull was next, a man of great ability, undoubted integrity,
+     and stainless reputation, pure as the driven snow and nearly
+     as cold. He could have been President instead of Hayes, or
+     Garfield, or Harrison.[1]
+
+Following the interview with Mr. Medill is one with Mr. Henry S.
+Robbins, a member of Trumbull's law firm from 1883 until 1890. Mr.
+Robbins did not find Trumbull a cold man.
+
+     All the time we were together [said Mr. Robbins] I never heard
+     him speak a cross word to a clerk in the office. Among children
+     he was a child again. He and his little grandson, the child of
+     Walter Trumbull, who died several years ago, were inseparable
+     companions when the grandfather was at home. They played
+     together and talked together like two little boys. All the
+     children in the neighborhood where he lived were wont to come
+     to him with their little troubles and always found him one who
+     could enter into fullest sympathy with them. Judge Trumbull had
+     no worldliness. He seemed to practice law as a mission, not as
+     a vocation by which to make money. With his reputation and his
+     ability combined he might have died a millionaire. It always
+     gave him a pang to charge a fee, and when he fixed the charge
+     it was usually about half what a modern lawyer would charge.[1]
+
+Another partner, Mr. William N. Horner, said:
+
+     I came here from Belleville where Judge Trumbull formerly
+     lived, and people down there--some of them at least--used to
+     think that he was a cold man. I never found him so. I remember
+     the first day we moved into these offices and while we were
+     getting settled, Judge Trumbull worked harder than any of us.
+     He was more solicitous for our comfort than he was for his own.
+     He was always trying to do something for the comfort of others.
+     He had all the gentleness and sweetness of disposition and
+     patience of a woman.[135]
+
+Mr. C. S. Darrow, who had charge of the Debs case in which Trumbull
+volunteered his services, said that
+
+     the socialistic trend of the venerable statesman's opinions in
+     his later years sprang from his deep sympathies with all
+     unfortunates; that sympathy that made him an anti-slavery
+     Democrat in his early years, and afterwards a Republican. He
+     became convinced that the poor who toil for a living in this
+     world were not getting a fair chance. His heart was with
+     them.[136]
+
+A letter to myself from the widow of Walter Trumbull, who died in 1891,
+says:
+
+     After my husband died, I, with my two boys, lived with Judge
+     Trumbull until his death; and I wish I could tell you how
+     beautiful that home life was. He was so devoted to his family,
+     so sweet and tender and thoughtful for us all. Others never
+     realized this and often thought him cold. He was so great a man
+     and yet so gentle and simple in his ways that little children
+     clung to him.
+
+Among the papers left by Trumbull was the following estimate of the
+character and career of Abraham Lincoln. It was addressed to his son
+Walter Trumbull and is here published for the first time:
+
+     MY DEAR SON: I have often been requested to give my estimate of
+     Mr. Lincoln's life and character. His death at the close of a
+     great civil war in which the Government of which he was the
+     head had been successful, and the manner of his taking off,
+     were not favorable to a candid and impartial review of his
+     character. The temper of the public mind at that time would not
+     tolerate anything but praise of the martyred President, and
+     even now it is questionable whether the truthful history of his
+     life by Mr. Herndon, his lifelong friend, and law partner for
+     twenty years, will be received with favor. As I could not give
+     any other than a truthful narration of Mr. Lincoln's character,
+     as he was known to me, I have hitherto declined to write
+     anything for the public concerning him. Having known him at
+     different times as a political adversary and a political
+     friend, my opportunities for judging his public life and
+     character were from different standpoints. We were members of
+     the Illinois House of Representatives in 1840. He was a Whig
+     and I a Democrat, but we had no controversies, political or
+     otherwise. Indeed, Mr. Lincoln took very little part in the
+     legislation of that session. It was the period when, as
+     related by Mr. Herndon, he was engaged in love affairs which
+     some of his friends feared had well-nigh unsettled his mental
+     faculties. I recall but one speech he made during the session.
+     In that he told a story which convulsed the House to the great
+     discomfiture of the member at whom it was aimed. Mr. Lincoln
+     was regarded at that time by his political friends as among
+     their shrewdest and ablest leaders, and by his political
+     adversaries as a formidable opponent. Contemporary with him in
+     the legislature of 1840 were Edward D. Baker, William A.
+     Richardson, William H. Bissell, Thomas Drummond, John J.
+     Hardin, John A. McClernand, Ebenezer Peck, and others whose
+     subsequent careers in the national councils, on the field of
+     battle, and in civil life have shed lustre on their country's
+     history. It is no mean praise to say of Mr. Lincoln that among
+     this galaxy of young men convened at the capital of Illinois in
+     1840, to whom may be added Stephen A. Douglas, although not
+     then a member of the legislature, he stood in the front rank.
+
+     As a lawyer Mr. Lincoln was painstaking, discriminating, and
+     accurate. He mastered his cases, and had a most happy and
+     fascinating way of presenting them. He was logical, fair, and
+     candid. It was said of him by one of the most eminent judges
+     who ever presided in Illinois, that after Mr. Lincoln had
+     opened a case he [the judge] fully understood both sides of it.
+     Some of Mr. Lincoln's contemporaries at the bar were more
+     learned, and better lawyers, but no one managed a case, which
+     he had time to thoroughly study and understand, more adroitly.
+     The breaking-up of the Whig and Democratic parties in 1854,
+     growing out of the repeal of the Missouri Compromise, and the
+     opening of the territory to slavery, threw Mr. Lincoln and
+     myself together politically. We were both opposed to the spread
+     of slavery, and from the foundation of the Republican party
+     till his death we were in political accord. I do not claim to
+     have been his confidant, and doubt if any man ever had his
+     entire confidence. He was secretive, and communicated no more
+     of his own thoughts and purposes than he thought would subserve
+     the ends he had in view. He had the faculty of gaining the
+     confidence of others by apparently giving them his own, and in
+     that way attached to himself many friends. I saw much of him
+     after we became political associates, and can truthfully say
+     that he never misled me by word or deed. He was truthful,
+     compassionate, and kind, but he was one of the shrewdest men I
+     ever knew. To use a common expression he was "as cunning as a
+     fox." He was a good judge of men, their motives, and purposes,
+     and knew how to wield them to his own advantage. He was not
+     aggressive. Ever ready to take advantage of the public current,
+     he did not attempt to lead it. He did not promulgate the
+     article of war enacted by Congress forbidding army and navy
+     officers from employing their forces to return slaves to their
+     masters, under penalty of dismissal from the service, till more
+     than six months after its passage. It was more than nine months
+     after the enactment of a law by Congress declaring free all
+     slaves of rebels captured, or coming within the Union lines, or
+     found in any place occupied by rebel forces and afterwards
+     occupied by the forces of the Union, that he issued the
+     proclamation declaring free the slaves then within the rebel
+     lines, all of whom, belonging to persons in rebellion, were
+     made free by the act of Congress as soon as the Union forces
+     occupied the country, and till then the proclamation could not
+     be enforced. When applied to by a friend, just previous to the
+     meeting of the convention at Baltimore which nominated him for
+     a second term, to indicate what resolutions or policy he
+     desired the convention to adopt, he declined to suggest any.
+     These and many other illustrations might be given to show that
+     Mr. Lincoln was a follower and not a leader in public affairs.
+     Without attempting to form or create public sentiment, he
+     waited till he saw whither it tended, and then was astute to
+     take advantage of it. Some of Mr. Lincoln's admirers, instead
+     of regarding his want of system, hesitancy, and irresolution as
+     defects in his character, seek to make them the subject of
+     praise, as in the end the rebellion was suppressed, and slavery
+     abolished, during his administration, ignoring the fact that a
+     man of more positive character, prompt and systematic action,
+     might have accomplished the same result in half the time, and
+     with half the loss of blood and treasure.
+
+     Mr. Lincoln was by no means the unsophisticated, artless man
+     many took him to be. Mr. Swett, a lifelong friend and admirer,
+     writing to Mr. Herndon, says: "One great public mistake of his
+     character, as generally received and acquiesced in, is that he
+     is considered by the people of this country as a frank,
+     guileless, and unsophisticated man. There never was a greater
+     mistake. Beneath a smooth surface of candor, and apparent
+     declaration of all his thoughts and feelings, he exercised the
+     most exalted tact, and the widest discrimination.... In dealing
+     with men he was a trimmer, and such a trimmer as the world has
+     never seen."[137]
+
+     Herndon in his "Lincoln," at page 471, says: "He had a way of
+     pretending to assure his visitor that in the choice of his
+     advisers he was free to act as his judgment dictated, although
+     David Davis, acting as his manager at the Chicago Convention,
+     had negotiated with the Pennsylvania and Indiana delegations,
+     and assigned places in the Cabinet to Simon Cameron and Caleb
+     Smith, besides making other arrangements which Mr. Lincoln was
+     expected to satisfy."
+
+     Another popular mistake is to suppose Mr. Lincoln free from
+     ambition. A more ardent seeker after office never existed. From
+     the time when, at the age of twenty-three, he announced himself
+     a candidate for the legislature from Sangamon County, till his
+     death, he was almost constantly either in office, or struggling
+     to obtain one. Sometimes defeated and often successful, he
+     never abandoned the desire for office till he had reached the
+     presidency the second time. Swett says, "He was much more eager
+     for it [a second nomination] than for the first," and such was
+     known to his intimate friends to be the fact, though his manner
+     to the public would have indicated that he was indifferent to a
+     second nomination. When first a candidate for the presidency
+     Mr. Herndon tells us, "He wrote to influential party workers
+     everywhere," promising money to defray the expenses of
+     delegates to the convention favoring his nomination.
+
+     While ardently devoted to the Union, Mr. Lincoln had no
+     well-defined plan for saving it, but suffered things to drift,
+     watching to take advantage of events as they occurred. He was a
+     judge of men and knew how to use them to advantage. He brought
+     into his Cabinet some of the ablest men in the nation, and left
+     to them the management of their respective departments. This
+     country never had an abler head of the Treasury Department than
+     Salmon P. Chase. To his skillful management of the finances the
+     country was indebted for the means to carry on the war of the
+     rebellion, and bring it to a successful issue. For the
+     distinguished ability with which the State and War Departments
+     were managed during the rebellion the country is greatly
+     indebted to Mr. Seward and Mr. Stanton. Other members of Mr.
+     Lincoln's Cabinet were men of great executive ability. Lincoln
+     was unmethodical and without executive ability, but he selected
+     advisers who possessed these qualities in an eminent degree.
+
+     To sum up his character, it may be said that as a man he was
+     honest, pure, kind-hearted, and sympathetic; as a lawyer,
+     clear-headed, astute, and successful; as a politician,
+     ambitious, shrewd, and farseeing; as a public speaker,
+     incisive, clear, and convincing, often eloquent, clothing his
+     thoughts in the most beautiful and attractive language, a
+     logical reasoner, and yet most unmethodical in all his ways; as
+     President during a great civil war he lacked executive ability,
+     and that resolution and prompt action essential to bring it to
+     a speedy and successful close; but he was a philanthropist and
+     a patriot, ardently devoted to the Union and the equality and
+     freedom of all men. He presided over the nation in the most
+     critical period of its history, and lived long enough to see
+     the rebellion subdued, and a whole race lifted from slavery to
+     freedom. The fact that he was at the head of the nation when
+     these great results were accomplished, and of his most cruel
+     assassination, before there was time to fully appreciate the
+     great work that had been done during his administration, will
+     forever endear him to the American people, and hand his name
+     down to posterity as among the best, if not the greatest, of
+     mankind.
+
+Another manuscript, addressed to Mrs. Gershom Jayne, the mother of the
+first Mrs. Trumbull, in answer to a communication from her, gives
+Trumbull's views on religion:
+
+    CHICAGO, Apr. 22, 1877.
+
+     DEAR MOTHER: I scarcely know how to reply to your texts of
+     Scripture and your solicitude for me. If the fervent prayers of
+     the righteous avail, it would seem as if yours and those of my
+     departed Julia should have their influence, and I sometimes
+     feel as if the spirit of my dear Julia was even now not far
+     away. That I am not what I should be is too true: I feel it
+     and I know it, and yet I trust the influence and prayers of
+     those who have loved me have not been entirely thrown away. I
+     have abundant reason to be thankful to our Heavenly Father for
+     his protection and ten thousand kindnesses to me which I know I
+     have not deserved. How often when the way was dark before me
+     has an unseen hand carried me safely through! And yet, whilst
+     ever ready to acknowledge my own imperfection and impotence, I
+     suppose I know nothing of, or at best see but as through a
+     glass dimly, that change of heart of which the converted speak,
+     and which comes of a faith it has not been given me to possess.
+     I certainly hope through the Saviour's interposition for a
+     happy hereafter, but at the same time am obliged to confess
+     that the way is to me dark and mysterious, and by no means as
+     discernible as it appears to some others. I rejoice that they
+     can see it clearly and wish that I could too....
+
+    Affectionately yours,
+    LYMAN TRUMBULL.
+
+Three sons of Lyman Trumbull reached mature years: Walter, Perry, and
+Henry. The latter died unmarried, January 20, 1895.
+
+Walter, the eldest, was married September, 1876, to Miss Hannah Mather
+Slater. Three sons were born of this union. The first of these, Lyman
+Trumbull, Jr., died in infancy. The second, Walter S., was born in 1879,
+married Miss Marjorie Skinner, of Hartford, Connecticut, in 1905, and
+now resides in New York City. The third, Charles L., born in 1884,
+married in 1910 Miss Lucy Proctor, of Peoria, Illinois, and now resides
+in Chicago. Walter Trumbull died October 25, 1891.
+
+Perry Trumbull was married to Mary Caroline Peck, daughter of Ebenezer
+Peck, judge of the United States Court of Claims, in 1879. Four children
+were born to them: (1) Julia Wright, married to H. Thompson Frazer,
+M.D., now resides at Asheville, North Carolina; (2) Edward A., married
+Anna Whitby, and resides at Seattle, Washington; (3) Charles P.,
+married, resides at Las Vegas, New Mexico; (4) Selden, resides in
+Chicago. Perry Trumbull died December 10, 1902.
+
+Mrs. Mary Ingraham Trumbull, widow of Lyman Trumbull, resides at
+Saybrook Point, Connecticut.
+
+FOOTNOTES:
+
+[133] Interview, June 13, 1910.
+
+[134] _Diary of Gideon Welles_, III, 21.
+
+[135] Chicago _Times_, June 26, 1896.
+
+[136] Chicago _Times_, June 26, 1896.
+
+[137] Herndon's _Life of Lincoln_, 537, 538.
+
+THE END
+
+
+
+
+INDEX
+
+
+Throughout the Index, the Initial T., standing alone, represents the
+subject of the book.
+
+  Abolition movement, the, and the murder of Lovejoy, 10.
+
+  Act of March 27, 1868, purpose of, 328, 329;
+    passed by Congress, and vetoed, 329;
+    passed over veto, 330;
+    its application to McCardle case glaringly unjust, 330.
+
+  Adams, Charles Francis, Seward's dispatches of April, 1861, and
+      July, 1862, to, 210 _ff._;
+    proposed for Liberal Republican nomination for President, 372, 373,
+      374, 381;
+    his attitude regarding the nomination, 377, 378;
+    defeated by Greeley, 383, 384;
+    why Blair and Brown opposed him, 385 and _n._;
+    a stronger candidate than T., 402, 403; xxi, 182, 389, 390.
+
+  Adams, Charles Francis, Jr., _The Trent Affair_, etc., 349 _n._; 353,
+      378.
+
+  Adams, John, xxiii.
+
+  Adams, John Quincy, xxii, 27, 103.
+
+  Adams, John Quincy, 2d, nominated for Vice-President by dissentient
+      Democrats (1872), 394;
+    declines, 394.
+
+  Akerman, Amos T., succeeds Hoar as Attorney-General, 350.
+
+  Alabama, admission of, xxix;
+    and the 13th Amendment, 229;
+    order for reconstruction of, 238.
+
+  Alabama Claims, T. on, 348;
+    Grant's great service in settling, 362.
+
+  Aldrich, Cyrus, 68.
+
+  Alien and Sedition laws, xxiii.
+
+  Allen, G. T., 42, 43, 46 _n._
+
+  Allen, Robert, 13.
+
+  Allison, John, 69.
+
+  Allison, William B., Senator, 304, 346.
+
+  Altgeld, John P., Governor, and the Pullman strike, 414.
+
+  Alton, Ill., T. removes to, 21.
+
+  Alton riot, the, 8-10.
+
+  American Bottom, locus of slavery in Ill., in 1783, 23.
+
+  _American Historical Review_, quoted, 174.
+
+  American Railway Union, 413.
+
+  Ammen, Jacob, General, 206, 208.
+
+  Amnesty, Johnson's proclamation of, 239.
+
+  Amnesty bill, debated in Senate, 359;
+    amended by Sumner, and rejected, 359;
+    reintroduced and passed, 359, 360.
+
+  Anderson, Robert, Major, proposed recall of, from Sumter, 122, 123;
+      128, 155.
+    _And see_ Sumter.
+
+  Andrew, John A., Governor, 287, 307 _n._
+
+  Anthony, Henry B., Senator, his attitude on ousting of Sumner from
+      Foreign Affairs Committee, 347; 314, 364, 366, 367.
+
+  Anti Ku-Klux bill. _See_ Ku-Klux Bill
+
+  Anti-Nebraska Democrats, in Ill. legislature, 41 _ff._;
+    and the Senatorial election of 1854, 46 _n._
+
+  Archer, William B., 69.
+
+  "Arm-in-Arm Convention." _See_ National Union Convention.
+
+  Armstrong, postmaster at St. Louis, 81.
+
+  Arnold, I. N., Congressman, 207.
+
+  Arrests, arbitrary, T's resolution of inquiry concerning, 191 _ff._;
+    censured by Democratic Convention, 193;
+    license to make, transferred to Stanton, 197;
+    effect of change, 197, 198;
+    action of Democrats on, 197;
+    T. took lead in stopping, in loyal states, 422, 423.
+    _And see_ Habeas corpus.
+
+  Arthur, Chester A., appointed Collector of New York, 368.
+
+  Asay, E. G., 208.
+
+  Ashley, James M., Congressman, 228 _n._
+
+  Atchison, David R., Senator, his advice to Missourians, 52; 49, 54.
+
+  Atkinson, Edward, 353.
+
+  Atzerodt, conspirator, 289.
+
+
+  Babcock, Orville E., sent by Grant to San Domingo, 342, 362, 369.
+
+  Bacon Academy, 3.
+
+  Badger, George E., 49.
+
+  Bailey, G., quoted on Dred Scott case, 83.
+
+  Baker, Edward D., Senator, 10, 132, 427.
+
+  Baker, Henry L., 42, 43, 46.
+
+  Baldwin, J. B., and Lincoln's offer to evacuate Sumter, 159, 160;
+    his version contradicted by Botts, 160, 161;
+    R. L. Dabney's account of interview of, with Lincoln, 161, 162.
+
+  Bancroft, George, wrote Johnson's first message, 244, 245.
+
+  Banks, Nathaniel P., General, 36, 87, 102, 232, 233.
+
+  Barney, Hiram, Collector of New York, 147, 181, 182.
+
+  Barrett, A. B., quoted, 117.
+
+  Bates, Edward, candidate for Republican nomination in 1860, 103;
+    and enforcement of Confiscation Act, 177; 104, 150.
+
+  Bayard, James A., Senator, 200, 201, 228.
+
+  Bayard, Thomas F., Senator, 366.
+
+  Beecher, Henry W., 287.
+
+  Belknap, William W., General, 362.
+
+  Belleville, Ill., T. settles at, 5, 6;
+    described by Dickens, 14, 15.
+
+  Belleville _Advocate_, the, 323.
+
+  Belmont, August, quoted, on Liberal Republican movement, 373, 374.
+
+  Benjamin, Judah P., Senator, on the Dred Scott case, 82;
+    his reply to Douglas, 95, 96;
+    contrasts Douglas and Lincoln, 96.
+
+  Benton, Thomas H., Senator, 126.
+
+  Bigelow, Israel B., quoted, 217.
+
+  Bigelow, John, his Diary quoted, 403 _n._
+
+  Bingham, John A., Congressman, opposes Civil Rights bill, 271, 272,
+      281;
+    on Reconstruction Committee, 281;
+    proposes amendment to Constitution, 282;
+    amends Georgia bill, 298, 299; 196, 304, 309, 339, 424.
+
+  Bird, Frank W., quoted, on Cincinnati nominations, 385 _n._; 387.
+
+  Birney, James G., 37, 40.
+
+  Bishop, Mr., killed in Alton riot, 9.
+
+  Bissell, W. H., Governor, quoted, 10, 69, 70, 74, 88, 427.
+
+  Black, Jere. S., counsel for McCardle, 327.
+
+  Blaine, James G., interview of, with author, on revenue reform, 354.
+
+  Blair, Austin, Congressman, 397, 398.
+
+  Blair, F. P., General, Democratic candidate for Vice-President (1868),
+      333;
+    and the Cincinnati convention, 385 and _n._; 37, 120, 382.
+
+  Blair, Gist, quoted, 220 _n._
+
+  Blair, Montgomery, quoted, on Cameron's appointment, 151;
+    on Cameron's emancipation hobby, 172 _n._;
+    his resignation as Postmaster General and Fremont's withdrawal, 220
+      and _n._;
+    on reconstruction, 293; 83, 112, 157, 234, 307 _n._
+
+  Blatchford, Samuel J., Justice, 275.
+
+  Blodgett, Henry W., 419.
+
+  Blow, Henry T., 281.
+
+  Bonifant, U. S. Marshal, 195.
+
+  Booth, J. Wilkes, 289.
+
+  Border Ruffians. _See_ Missourians in Kansas.
+
+  Borders, Sarah, 28, 29.
+
+  Borie, Adolph, appointed Secretary of Navy, 337;
+    resigns, 337.
+
+  Boston _Advertiser_, 300.
+
+  Botts, John Minor, his _Great Rebellion_ quoted on Lincoln's offer to
+      evacuate Sumter, 159, 160;
+    denies Baldwin's story, 160, 161.
+
+  Boutwell, George S., Congressman, appointed Secretary of Treasury,
+      336, 337;
+    and the Leet and Stocking scandal, 364, 365; 281, 291, 304, 309,
+       339.
+
+  Bowles, Samuel, 86, 353, 387.
+
+  Bradley, Joseph P., Justice, 275, 276, 409.
+
+  Brainard, Daniel, 80.
+
+  Brayman, Mason, 13.
+
+  Breckinridge, John C., elected Vice-President (1856), 70;
+    nominated for President (1860), by seceding delegates, 96.
+
+  Brinkerhoff, R., 353.
+
+  Brooks, Preston S., Congressman, his assault on Sumner, 65.
+
+  "Brother Jonathan," 2 _n._
+
+  Brown, Albert G., Senator, 63.
+
+  Brown, B. Gratz, elected governor of Mo. as a liberal, 352;
+    candidate for Liberal Republican nomination, 377, 378;
+    arrives at Cincinnati, 382;
+    withdraws in favor of Greeley, 383;
+    nominated for Vice-President, 384;
+    divers views of his course, 384, 385 and _n._;
+    nominated by Democrats, 394; 220, 285, 389, 402.
+
+  Brown, George T., 80.
+
+  Brown, John, his raid on Harper's Ferry, 96-100;
+    author's impression of, 97;
+    his own view of his mission, 97, 98;
+    T. on moral and legal aspects of the raid, 98, 99; 53.
+
+  Brown, Joseph, 375.
+
+  Brown, William G., quoted, xxxiv.
+
+  Brown, W. H., 87.
+
+  Browning, Orville H., Secretary of Interior, his views on question of
+      territorializing states, 291; 92, 194, 197, 285, 307.
+
+  Brownlow, W. G., reconstruction governor of Tenn., 237.
+
+  Bryan, Silas L., 375.
+
+  Bryan, William J., student in T.'s office, 407;
+    author's meeting with (1893), 413.
+
+  Bryant, John H., quoted, 67 and _n._; 375.
+
+  Bryant, William Cullen, refuses to support Greeley, 385;
+    correspondence with T. thereon, 386, 387; 139, 140, 141, 145, 287,
+      353, 375, 391.
+
+  Buchanan, James, elected President, 70;
+    appoints Walker Governor of Kansas, 71;
+    and the Lecompton Constitution, 73;
+    his message to Congress on Topeka and Lecompton constitutions,
+      answered by T., 76, 77, and by Douglas, 77;
+    said to favor rejection of pro-slavery clause, 78;
+    recommends admission of Kansas under Lecompton Constitution, 81;
+    his message thereon discussed by T., 81, 82;
+    Chief Justice Caton on his attitude toward Lecomptonism, 84, 85;
+    and Justice McLean, 122, 123 and _n._;
+    policy of his government toward secessionists, 127, 128;
+    takes sides for the Union under pressure, 128; 74, 75, 113.
+
+  Buchanan Democrats in Ill., adopt name of National Democracy, 89;
+    Lincoln quoted concerning, 90;
+    their small poll, 91;
+    their poll in 1860 even smaller, 96.
+
+  Buckalew, Charles R., Senator, 285, 329.
+
+  Buckingham, William A., Senator, 366.
+
+  Bull Run, first battle of, described by T. in letters to Mrs. T.,
+      165-167.
+
+  Bullock, Rufus P., reconstruction governor of Georgia, 297, 298,
+      299, 300.
+
+  Burchard, Horatio C., Congressman, 354.
+
+  Burke, Edmund, 358.
+
+  Burlingame, Anson, 86, 88.
+
+  Burnside, Ambrose E., General, orders arrest of Vallandigham, 204;
+    his proceedings against the Chicago _Times_, 206-209;
+    his order revoked by Lincoln, 208;
+    defeated at Fredericksburg, 211.
+
+  Butler, Benjamin F., Congressman, reports Georgia bill, 298;
+    author of 10th article of impeachment, 311; 304, 309, 359, 362.
+
+  Butler, Fanny Kemble, xxxiv.
+
+  Butler, William, quoted, 148; 149, 151.
+
+
+  Cabinet, Pres. Johnson's, discussion of Tenure-of-Office bill by,
+      302, 303;
+    unanimous in advising veto, 303, 311.
+
+  Cabinet officers, and the Tenure-of-Office Act, 301, 302.
+
+  Cadwalader, George, 195.
+
+  Calhoun, John, and the Lecompton Constitution, 73; 18, 75, 84.
+
+  Calhoun, John C., Senator, and the doctrine of Nullification, xxv and
+      _n._, xxvii; 4.
+
+  Cameron, Simon, history of his inclusion in Lincoln's Cabinet, 142
+      _ff._;
+    visits Lincoln at Springfield, 144;
+    Lincoln promises portfolio to, 144, 429;
+    urgent opposition to, from McClure, T., and others, 144, 145, 146,
+       147 _ff._;
+    and Fremont, 172;
+    his report in favor of freeing and arming slaves suppressed by
+      Lincoln, 172 and _n._;
+    and the War Department frauds, 178 _ff._;
+    and T. A. Scott, 184, 185;
+    Nicolay and Hay on causes of his leaving Cabinet, 185, 186;
+    made Minister to Russia, 186;
+    McClure on his dismissal, 186, 187;
+    censured by House in Cummings affair, 186;
+    his confirmation as Minister to Russia opposed by T. and others,
+       187, 188,
+      but favored by Sumner, 188;
+    his statement to Hamlin, 188;
+    vote on Confirmation of, 189;
+    how he repaid Sumner, 189; 108, 343, 371.
+
+  Carlile, John S., Senator, opposes habeas corpus suspension act, 199.
+
+  Carlin, Thomas, 11.
+
+  Carpenter, Matthew H., Senator, counsel in McCardle case, 327, 329;
+       300, 358;
+    report on Louisiana election, 405;
+    speech before Electoral Commission, 411.
+
+  Carpetbaggers, and the San Domingo treaty, 350; 241.
+
+  Cass, Lewis, Senator, his Nicholson letter on squatter sovereignty,
+       94; 48, 63, 125.
+
+  Castle Pinckney, 129.
+
+  Catiline, steamer, 179, 180, 181, 182.
+
+  Caton, John D., quoted, on Buchanan's attitude toward Lecomptonism,
+       84, 85; 20.
+
+  Caulfield, B. G., 208.
+
+  Cavalry, fraudulent contracts for purchase of horses for, 182, 183.
+
+  _Century Magazine_, cited, 245 _n._, 307 _n._, 321 _n._
+
+  Chandler, Zachariah, Senator, and T.'s connection with the McCardle
+      case, 331, 332; 150, 166, 233, 355, 363, 371.
+
+  Channing, William Ellery, xxxii.
+
+  Charleston Convention of 1860, 107.
+
+  Chase, Salmon P., Chief Justice, quoted, 67;
+    and Cameron's dismissal, 186;
+    presides at impeachment trial, 309;
+    on the 11th article, 311;
+    his ruling on evidence of Johnson's intent to make a case for the
+      Supreme Court, overruled by the Senate, 313;
+    vote for, in Cincinnati convention (1872), 383;
+    T's estimate of, as Secretary of Treasury, 429, 430; 79, 102, 103,
+      107, 145, 147, 148, 150, 151, 170, 234, 240, 274, 289, 320, 372.
+
+  Cheever, Rev. George B., 220.
+
+  Cherokee Tract, the, 5.
+
+  Chesnut, James, 99.
+
+  Chicago, rioting at, in Pullman strike, 414;
+    troops ordered to, 414;
+    meeting at, addressed by T., 414, 415.
+
+  Chicago _Advance_, T.'s article in, on restriction of suffrage, 294.
+
+  Chicago Bar Association, and T.'s death, 418, 419.
+
+  Chicago _Evening Journal_, quoted, on T.'s speech on Chicago Times
+      matter, 208; 93.
+
+  Chicago _Times_, publication of, forbidden by Burnside, 206-209;
+    meeting of protest against the order, 207;
+    the order revoked by Lincoln, 208; 415, 424, 425.
+
+  Chicago _Tribune_, quoted, on the duty of Senators in impeachment
+      trial, 315, 316; 372, 389, 390.
+
+  Cincinnati, Liberal Republican Convention at (1872), 374 _ff._;
+    how composed, 379, 380;
+    difficulties of, on tariff question, result in compromise, 381, 382;
+    Greeley nominated for President by, 383, 384.
+
+  Cincinnati _Commercial_, 372.
+
+  Citizens of U. S., definition of, in 14th Amendment, 283.
+
+  Civil Rights bill, introduced by T., 257;
+    T.'s proposed amendment to, debated in Senate, 265 _ff._;
+    passes Senate, 271, and House, 272;
+    vetoed by Johnson, 272;
+    passed over veto, 272, 273;
+    held constitutional by Circuit Court of U. S., 274;
+    in Supreme Court, 275 _ff._;
+    Bingham's objections to, 281;
+    relation of 14th Amendment to, 282, 283;
+    T.'s course on, 424, 425.
+
+  Civil Rights Cases, 109 U. S., 275, 276.
+
+  Civil service, demoralization of, under Grant, 341, 342.
+
+  Civil-service reform, T. on, 359, 376.
+
+  Civil War, the, could not have been averted, xxi, xxii.
+
+  Clark, Daniel, Senator, 262, 264.
+
+  Clay, Clement C., Senator, his farewell speech in Senate, 121; 100.
+
+  Clay, Henry, xxvi, xxxi, 27, 39, 125.
+
+  Clayton, John M., 63 _n._
+
+  Cleveland, Grover, orders troops to Chicago, 414; 413.
+
+  Clifford, Nathan, Justice Sup. Court, 289, 409.
+
+  Clingman, Thomas L., Senator, 419.
+
+  Cochrane, John, General, nominated for Vice-President by anti-Lincoln
+      Republicans (1864), 219, 220.
+
+  Cole, Cornelius, Senator, 314.
+
+  Coles, Edward, and the "Anti-convention"
+
+  Contest in Ill., 27, 28.
+
+  Colfax, Schuyler, elected Vice-President (1872), 333;
+    and Grant, 393, 394;
+    and the Credit-Mobilier, 402; 80, 331, 359.
+
+  Collamer, Jacob, Senator, speech of, on Kansas affairs, 65;
+    attacks T.'s Confiscation bill, 173, 174; 55, 102, 198.
+
+  Collins, James H., 30.
+
+  Colonization Society, xxxi.
+
+  Compromise of 1860, xxi, 34, 124, 125.
+
+  Confederate States. _See_ States, seceding.
+
+  Confiscation bill, concerning slaves only, introduced by T., and
+      passed by Congress, 168.
+
+  Confiscation bill (II), introduced by T. (Dec. 1861), 173, 176;
+    debated all the session, 173 _ff._;
+    report of Conference committee on, adopted, 175;
+    Lincoln proposes to veto, 175;
+    passage of joint resolution interpreting, 175;
+    the first step toward full emancipation, 176;
+    trifling proceeds of confiscation under, 176;
+    controversy over enforcement of, 176, 177.
+
+  Congress, adopts Missouri Compromise, xxx;
+    passes Kansas-Nebraska bill, 37;
+    Pres. Pierce's special message to, on Kansas affairs, 55;
+    Pres. Buchanan's first message to, 76;
+    Buchanan recommends admission of Kansas to, 81;
+    passes first Confiscation bill, 168;
+    debate on second Confiscation bill in, 173 _ff._;
+    Pres. Johnson's first message to, 244, 245;
+    power of, to pass laws for ordinary administration of justice in
+      states, 258-260, 265 _ff._;
+    attacked by Johnson, 286;
+    radicals in, and the Milligan case, 289, 290;
+    makes general of the army virtually independent of the President,
+      291;
+    measures of reconstruction passed by, over vetoes, 291-295;
+    and impeachment of Johnson, 303 _ff._;
+    intensity of contest in, 312;
+    and the McCardle case, 328-330;
+    passes Act of March 27, 1868, over veto, 330;
+    and the 15th Amendment, 338-340;
+    Pres. Grant's message to, on Ku-Klux-Klans, 356;
+    and the Amnesty bill, 359, 360;
+    and the Credit-Mobilier, 402.
+   _And see_ House of Representatives, Reconstruction, Committee on, and
+      Senate.
+
+  Congress of the Confederation, and Jefferson's ordinance concerning
+      slavery (1784), xxviii, xxix;
+    passes Ordinance of 1787, 24, 25, 29.
+
+  _Congressional Globe_ of 1860-61, 114.
+
+  Conkling, Roscoe, Senator, 281, 331, 339, 355, 362, 363.
+
+  Connecticut, opposed to nomination of Seward, 103.
+
+  Constitution of U. S., obstacles to ratification of, xxii and _n._;
+      its "educational work," xxvi, xxvii;
+      and the power to free slaves, 222, 223;
+      projects of amending, in that regard, 223;
+      the James F. Wilson resolution, 223;
+      the Henderson resolution, 223,
+      reported by T. in amended form, 224.
+    _Amendment_ XIII, reported by T. in Senate, 224;
+      his speech thereon, 224-226;
+      favored by Henderson and R. Johnson, 227;
+      adopted by both branches, 228;
+      scene in House described by Julian, 228 and _n._;
+      ratified by States, 229, 252;
+      Seward's interpretation of, 229;
+      discussed in connection with Freedmen's Bureau bill, 258, 260;
+      and the Civil Rights bill, 267, 269, 270;
+      construed by Supreme Court in U.S. v. Harris, 275, 358,
+      and in Civil Rights Cases, 276, 277;
+      T.'s connection with, 422.
+    _Amendment_ XIV, construed by Supreme Court in U.S. v. Harris, 275,
+      358,
+      and in Civil Rights Cases, 276;
+      prepared and reported by Joint Committee on Reconstruction, 282,
+        283;
+      provisions of, 283;
+      passes both houses, 283;
+      history of framing of, 284 _n._;
+      Southern States refuse to ratify, and why, 287;
+      and the power of Congress to enforce ordinary civil law in the
+        states, 356, 357, 358.
+    _Amendment_ XV, construed by Supreme Court in U.S. _v._ Harris, 276,
+      358;
+      history of, 338-340;
+      passed by Congress, 339;
+      text of, 340;
+      ratified by States, 340.
+
+  "Convention party," the, attempts to amend Illinois constitution to
+      legalize slavery, 25, 26; defeat of, 27.
+
+  Cook, Burton C., 41, 43, 45, 46 _n._, 93.
+
+  Cook, Daniel P., in the "anti-convention" contest, 27, 28;
+    Cook County, Ill., named for, 27.
+
+  Cooper Union, Liberal Republican meeting at, 376, 377.
+
+  Copperheadism, Vallandigham the incarnation of, 203.
+
+  Corbett, Henry W., Senator, 314.
+
+  Corning, Erastus, 205.
+
+  Corwin, Thomas, Congressman, 112, 117.
+
+  Cotton-gin, results of invention of, xxxii.
+
+  Cowan, Edgar, Senator, attacks T.'s Confiscation bill, 173;
+    his great speech in favor of _habeas corpus_ suspension act, 201;
+    on Civil Rights bill, 269, 271, 272; 146, 261, 262, 285, 286, 323.
+
+  Cox, Jacob D., appointed Secretary of Interior, 337, 338;
+    why he resigned, 349, 350; 353, 373.
+
+  Credit-Mobilier scandal, the, 401, 402.
+
+  Cresswell, John A. J., appointed Postmaster General, 337.
+
+  Crittenden, John J., Senator, his compromise measure, debated and
+      rejected by Senate, 115-117; 48, 60, 66.
+
+  Crittenden Compromise, debated, 115, 116;
+    T's speech against, 115, 123-138;
+    rejected by Senate, 117;
+    letters to T. from Illinoisans concerning, 117-119.
+
+  Cullom, Shelby M., Senator, quoted, 293;
+    defeats T. for governor of Ill., 412.
+
+  Cummings, Alexander, one of Cameron's agents, 143, 178;
+    the leading figure in War Dep't scandal, 178 _ff._;
+    a candidate for office under Johnson, 181 _n._
+
+  Curry, J. L. M., letter of, to Doolittle, as to Southern views, 255,
+      256.
+
+  Curtin, Andrew G., Governor, vote for in Cincinnati Convention, 383;
+      106, 144, 374, 377, 378.
+
+  Curtis, Benjamin R., of counsel for Pres. Johnson, 309.
+
+  Curtis, George W., 338, 368.
+
+  Curtis Commission on Civil Service Reform, 376.
+
+
+  Dabney, Rev. R. L., his account of the Lincoln-Baldwin Interview, 161,
+      162.
+
+  "Danites." _See_ Buchanan Democrats.
+
+  Darrow, Clarence S., quoted, on T.'s "socialistic trend," 425, 426;
+      414.
+
+  Davidson, G. C., 179, 180.
+
+  Davis, David, and Cameron's appointment, 142 _ff._;
+    bargains with delegates from Penn. and Ind., 142, 429;
+    his influence with Lincoln, 143 and _n._;
+    opinion of, in Milligan case, 289;
+    candidate for Liberal Republican nomination at Cincinnati, 377, 378;
+    his candidacy objected to by editors, 380, 381;
+    and the Electoral Commission (1877), 409; 178, 384.
+
+  Davis, Garrett, Senator, on Civil Rights bill, 270; 161, 234.
+
+  Davis, Henry Winter, Congressman, opposes Lincoln's reelection, 220.
+
+  Davis, Jefferson, and "Squatter Sovereignty," 94, 95;
+    his resolutions aimed at Douglas's nomination, 95;
+    not a hothead, 110;
+    his speech of Jan. 10, 1861, 110;
+    his last speeches in Senate, 114, 115;
+    his farewell speech, 121;
+    his Rise and _Fall of the Confederate States_, 123 _n._; 83.
+
+  Dawes, Henry L., Congressman, on purchases of cavalry horses, 182,
+      183;
+    on corruption in government service, 184;
+    replies to Cameron's statement to Hamlin, 188, 189; 304, 354.
+
+  Dayton, William L., Senator, 69, 142.
+
+  Debs, Eugene V., and the Pullman strike, 413-415;
+    T. counsel for, 414, 415.
+
+  Delahay, M. W., opposition to his appointment as district judge, 213,
+      214;
+    appointed, impeached, and resigns, 214; 100, 101 and _n._
+
+  Dement, Isaac T., on affairs in Kansas, 53.
+
+  Democratic National Convention at Baltimore (1860), nominates Douglas,
+      96;
+    Southern delegates secede from, 96; 107;
+    (1872) adopts platform and candidate of Liberal Republicans, 394.
+
+  Democratic party, in North, split by Kansas-Nebraska bill, 37.
+
+  Democrats, condemn suspension of habeas corpus and arbitrary arrests,
+      194, 197;
+    in Senate, oppose habeas corpus suspension bill, 198, 199,
+       and filibuster against it, 200-203;
+    in North, protest against Vallandigham's trial and sentence, 205;
+    in Congress, oppose 13th Amendment, 228,
+      but not unanimously, 228 _n._;
+    union of, with Liberal Republicans, suggested by M. D. Sands, 353;
+    sympathy of, with that movement, 372 _ff._, 379;
+    dissentient (in 1872), nominate O'Conor and Adams, 394.
+
+  Denver, John A., appointed Governor of Kansas, 73.
+
+  Develin, John E., 179.
+
+  Dexter, Wirt, 208.
+
+  Dickens, Charles, describes Belleville, Ill., in _American Notes_, 14,
+      15.
+
+  Disfranchisement, chief cause of bad conditions in South, 356.
+
+  Dixon, Archibald, Senator, and repeal of Missouri Compromise, 34; 49.
+
+  Dixon, James, Senator, opposes inquiry as to arbitrary arrests, 192,
+      193;
+    his vote
+    against Impeachment, 323; 247, 261, 264, 265, 285, 313.
+
+  Dodge, Augustus C., Senator, 35.
+
+  Dodge, Grenville M., General, 227, 334 _n._, 394.
+
+  Dodge, William E., 365.
+
+  Doolittle, James R., Senator, on Tenure-of-Office bill, 303;
+    his vote against impeachment, 323;
+    his resignation demanded, 323; 150, 194, 220, 233, 247, 261, 273
+      _n._, 285, 313, 329, 419, 423.
+
+  Dougherty, John, 18, 89, 90.
+
+  Douglas, Robert M., 32 _n._
+
+  Douglas, Stephen A., appointed to Ill. Supreme Court, 10;
+    elected U. S. Senator, 19;
+    his early career, 32 and _n._, 33;
+    his position in the Democratic party, 33;
+    his personal appearance, 33;
+    his talents and character, 33;
+    reports Nebraska bill, 33;
+    accepts Dixon Amendment repealing Missouri Compromise, 34;
+    offers amendment dividing the territory, 34;
+    his reasons, 35,
+      and why not convincing, 35, 36;
+    not a pro-slavery man, 36;
+    his reasons for repealing Missouri Compromise, 36, 37;
+    Lincoln's reply to his Springfield speech (1854), 39, 40 and _n._;
+    and the senatorial election of 1854, 46 _n._;
+    his report on affairs in Kansas, 55;
+    attached by T., 56;
+    his sophistry, 57, 58, 62;
+    his debate with T., 59 _ff._;
+    declares T. not a Democrat, 60, 66;
+    further debate with T. on Kansas, 63 _ff._;
+    T. a match for, in debate, 65, 66;
+    denounces Cabinet conspiracy regarding referendum on Lecompton
+      Constitution, 72, 73;
+    his motion for that action, 74, 75;
+    his anti-Lecompton speech, 77, 78;
+    for the first time, opposes wishes of South, 77;
+    was he sincere? 77, 78;
+    his lack of principle, 78;
+    contemplates alliance with Republicans, 78-80;
+    opposes English bill for admission of Kansas, 84;
+    his attitude toward slavery, 78, 86;
+    his aid indispensable in defeating Lecompton bill, 86;
+    appeals to imagination of Eastern Republicans, 86;
+    distrusted by Republicans of Ill., 86-88, 91, 92;
+    his instability, 88;
+    his campaign for reelection in 1858, 89 _ff._;
+    his health impaired, 89;
+    reaffirms doctrine of Squatter Sovereignty, 94;
+    answered by J. Davis, 95;
+    his speech of May 15, 1860, 95;
+    answered by Benjamin, 95, 96;
+    nominated for President at Charleston, and by one faction at
+      Baltimore, 96;
+    favors Crittenden Compromise, 116;
+    his views on causes of disunion, 116, 117;
+    his last days devoted to the Union, 152, 153;
+    speaks to Ill. legislature, 153;
+    his influence alone saves Southern Ill., 153;
+    his death, 153;
+    T.'s eulogy of, 153, 154;
+    G. Welles's account of his attitude in 1861,
+      and his interview with Seward, 163, 164; 42, 47, 49, 76, 85, 100,
+        104, 107, 108, 169, 427.
+
+  Douglass, Frederick, 236, 237.
+
+  Drake, Charles D., Senator, 296, 298, 352.
+
+  Dred Scott case, opinion of Supreme Court, criticized by T., 82; 64.
+
+  Drummond, Thomas, Justice, enjoins executor of Burnside's order
+      against Chicago _Times_, 206;
+    his order disregarded, 207; 10, 208, 427.
+
+  Dubois, Jesse K., quoted, 79, 87, 216, 217; 213, 375.
+
+  Duncan, Joseph, Governor, 11.
+
+  Dunning, William A., his _Reconstruction_, quoted, 274, 321 _n._; 244.
+
+  Durell, Edward H., Justice, and the contested election in Louisiana,
+      404.
+
+  Durkee, Charles, Senator, 150.
+
+  Dyer, Thomas, 91.
+
+
+  Eaton, Major, 178.
+
+  Edmunds, George F., Senator, 339, 346, 358, 363.
+
+  Edwards, Ninian, Governor, 11, 45.
+
+  Electoral Commission (1877), composition of, 409;
+    decision of, 410, 411;
+    its purpose, "not to do justice between man and man, but to save the
+      Republic," 411.
+
+  Eliot, Thomas D., 172.
+
+  Ellsworth, Oliver, xxii _n._
+
+  Emancipation, Seward on actual date of, 222;
+    doubt regarding President's power in relation to, 222, 223.
+    _And see_ Slavery, Slaves.
+
+  Emancipation movement, history of, xxviii.
+
+  Emancipation Proclamation, issued, 200;
+    distasteful to Democrats, 200;
+    force and extent of, 222;
+    doubt as to its legal effect, 229, 230.
+
+  Embargo, the, xxiv.
+
+  Emerson, Dr., Dred Scott's master, 82.
+
+  Emigrant Aid Co. (Worcester), 50, 59 _n._
+
+  Emigrant Aid societies, 59 _n._
+
+  Emory, William H., General. 9th article of impeachment based on
+      alleged conversation of Johnson with, 310.
+
+  England, mission to, offered to T., 347, 348,
+      and declined, 348;
+    T.'s speech on claims against, 348, 349;
+    and demands surrender of Mason and Slidell, 349 and _n._
+
+  English, William H., Congressman, his bill for admission of Kansas,
+      passed by Congress, 83, 84,
+    but rejected by people, 84.
+
+  Equal Rights Act (1875) held unconstitutional by Supreme Court, 275.
+
+  Europe, and Lincoln's death, 231.
+
+  Evarts, William M., of counsel for Pres. Johnson, 309.
+
+
+  Farragut, David G., Admiral, 221.
+
+  Federalist party, xxiii.
+
+  Fenton, Reuben E., 386, 390.
+
+  Fessenden, William P., Senator, Chairman of Reconstruction Committee,
+      281, 282;
+    opposes conviction of Johnson, 313;
+    abused by radicals, 313;
+    "read out" of Republican party, 324;
+    called upon to resist Greenback heresy in Maine, 324;
+    his death and character, 324;
+    T's eulogy of, 324, 325; 82, 83, 89, 102, 168, 194, 202, 287, 292,
+      316, 317, 335.
+
+  Field, Alexander P., 11.
+
+  Field, D. D., 147.
+
+  Field, Stephen J., Justice, 275, 289, 409.
+
+  Fillmore, Millard, candidate for Pres., in 1856, 70; 92, 108.
+
+  Finkelnburg, Gustavus A., Congressman, 354.
+
+  Fish, Hamilton, appointed Secretary of State, 335;
+    letter of, to T., offering English mission, 347, 348; 362.
+
+  Flack, Horace E., history of the 14th Amendment, 284 _n._
+
+  Florida, and the 13th Amendment, 229;
+    order for reconstruction of, 238;
+    disputed returns from (1876), 408 _ff._
+
+  Flournoy, Charles G., 212.
+
+  Floyd, John B., Secretary of War, resigns, 128; 130.
+
+  Fogg, George G., 144, 146.
+
+  Foot, Solomon, Senator, 168, 261, 263.
+
+  Ford, Thomas, historian of Ill., quoted, 11;
+    as governor, requests T.'s resignation as Secretary of State, 12 and
+      _n._, 13; 18.
+
+  Foreign Relations, Senate Committee on, reorganization of, to punish
+      Sumner, 343-347.
+
+  "Forever," meaning of, in Missouri Compromise Act, 62, 63 _n._
+
+  Forney, John W., 300, 342.
+
+  Forsyth, John, Senator, xxvii, 156.
+
+  Foster, Lafayette S., Senator, 189, 273.
+
+  Fouke, Philip B., 38.
+
+  Fowler, Joseph S., Senator, 285, 314, 316, 317.
+
+  Free-silver, T. a believer in, 413.
+
+  Free Soilers, in 1854, 40;
+    nucleus of the Republican party, 41.
+
+  Free State men, in minority in Kansas in 1855, 49, 51;
+    convention of, 55;
+    refuse to take part in election of constitutional convention, 71,
+      72;
+    elect majority of territorial legislature, 72.
+
+  Free trade, meaning of, in 1871, 355.
+
+  Freedmen's Bureau, powers of, 257, 258.
+
+  Freedmen's Bureau bill, introduced by T., 257;
+    provisions of, 257, 258;
+    vetoed by Johnson, 260, 261;
+    fails to pass Senate over veto, 261;
+    T.'s course on, 423.
+
+  Freeport, Ill., joint debate between Lincoln and Douglas at, 94 _n._,
+      96.
+
+  Frelinghuysen, Frederick T., Senator, 314, 316, 347 _n._
+
+  Fremont, John C, Republican nominee for Pres., 69;
+    his defeat fortunate for the country, 70;
+    candidate for nomination in 1860, 103;
+    his order emancipating slaves revoked by Lincoln, 169, 170, 171;
+    nominated for Pres. by Anti-Lincoln Republicans (1864), 219, 220;
+    withdrawn, 220;
+    connection between his withdrawal and Mr. Blair's retirement, 220
+      and _n._; 141, 194.
+
+  French, Augustus C, Governor, 18.
+
+  French Revolution, effect of, on parties in U. S., xxiii.
+
+  Fugitive Slave Law, 114.
+
+
+  Galloway, Samuel, quoted, 75;
+    letter to T. on Republican grievances against Grant, 371.
+
+  Garfield, James A., General, 412.
+
+  Garrison, William L., his crusade mistakenly interpreted at the south,
+      xxxiii;
+    supports Lincoln's reconstruction plan, 235, 236; 388.
+
+  Gary, Mrs. F. C., letter of, to T., 278,
+    and his reply, 279.
+
+  Gaston, William, Judge, 270.
+
+  Geary, John W., Governor, 53, 72.
+
+  "General order" system in N. Y. custom-house, 364 _ff._
+
+  Genius of Universal Emancipation, the, xxxi.
+
+  Georgia, and Garrison, xxxi;
+    order for reconstruction of, 238;
+    re-reconstruction of, 297-300;
+    status of negroes in, 298;
+    bill for reorganization of, 298, 299;
+    T.'s attitude on treatment of, 298, 299, 300.
+
+  German vote, the, and the Republican nomination in 1860, 103.
+
+  Germans in St. Clair county, Ill., 38.
+
+  Gettysburg, battle of, and its effect on Vallandigham's ambition, 206.
+
+  Gillespie, Joseph, 10.
+
+  Gilman, Winthrop S., 9.
+
+  Godkin, Edwin L., quoted, 381, 382;
+    refuses to support Greeley, 385;
+    deprecates Schurz's contrary decision, 392, 393;
+    and Greeley's defeat, 404; 353.
+
+  Godwin, Parke, quoted, against Greeley, 393.
+
+  Goodrich, Grant, quoted, 119.
+
+  Government bonds, falling off in subscriptions to, in autumn of 1861,
+      170.
+
+  Government contracts, House committee on, 178 _ff._;
+    censures T. A. Scott, 184, 185.
+
+  Gowdy, W. C., 40 _n._
+
+  "Grandfather clause," the, in constitutions of southern states, 339.
+
+  Grant, Ulysses S., J. M. Palmer on his character and future, 216;
+    his southern tour of inspection, and report, 252, 253, 254;
+    Secretary of War _ad interim_, 305;
+    retires in favor of Stanton after action of Senate, 306;
+    his correspondence with Johnson, submitted to Reconstruction
+      Committee, 306, 307;
+    his reason for retiring, 307;
+    Johnson on his attitude, 307 _n._;
+    and the McCardle case, 327;
+    nominated for Pres., and elected, 332, 333;
+    his first cabinet a conglomerate, 333;
+    and Washburne's appointment, 334;
+    his agreement with J. F. Wilson, 334;
+    compels Washburne to resign, 334;
+    appoints Fish, 335;
+    nominates Stewart for Treasury, 335, 336,
+      then Boutwell, 336;
+    his other appointments, 337, 338;
+    his army-headquarters transferred to White House, 342;
+    the San Domingo treaty, and quarrel with Sumner, 342 _ff._;
+    removes Motley as minister to England, 347, 348;
+    offers English mission to T., 347, 348;
+    and civil-service reform, 349, 350;
+    and Attorney-General Hoar, 350;
+    and the Liberal movement in Mo., 355;
+    shortcomings of his administration, the main cause of Liberal
+      movement, 361;
+    his failings in civil station reviewed, 361 _ff._;
+    nominated because of his military renown, 361, 362;
+    his great services on two occasions, 362;
+    and the Leet and Stocking case, 365 _ff._;
+    T. not personally hostile to, 369, 370;
+    Republican dissatisfaction with, 370, 371,
+      and opposition to, 372 _ff._;
+    Sumner's speech against, 387, 388;
+    his services overlooked by Sumner, 388;
+    compared favorably with Greeley, 392, 393;
+    renominated by Republicans, 393;
+    not personally involved in Credit-Mobilier scandal, 401;
+    reelected, 402;
+    and the contest in La., in 1872, 405, 406 and _n._;
+    his second administration, 407, 408; 212, 214, 215, 226, 227, 236
+      and _n._, 240, 308, 309, 330, 384, 408, 411, 420.
+
+  Gray, Horace, 275.
+
+  Gray, Robert A., 161.
+
+  Greeley, Horace, "puffs" Douglas, 80, 91, 92;
+    candidate for Liberal Republican nomination, 377;
+    his career and character, 378;
+    editorial attitude toward his candidacy, 381;
+    Brown withdraws in his favor, 382, 383;
+    nominated, 384;
+    effect of his nomination, 384 _ff._;
+    Godkin and Bryant refuse to support, 385;
+    T.'s letter in favor of, 386, 387;
+    author's view of his nomination, 389, 390;
+    refuses Schurz's advice to decline, 391;
+    meeting of Liberal Republicans opposed to, 391, 392;
+    Schurz's attitude toward, 392, 393;
+    nominated by Democrats, 394;
+    supported by T. in the campaign, 395 _ff._;
+    T.'s tribute to, 399;
+    his failings laid bare, 400;
+    caricature by Nast, 400;
+    on the stump in Ohio, etc., 400;
+    his tariff views, 401;
+    his stumping tour too late, 401;
+    overwhelmingly defeated, 402;
+    fatal effect of defeat on, 403; and _n._;
+    his last letter to Schurz, 403;
+    his death, 403;
+    reflections on his fate, 404; 86, 87, 88, 141, 307 _n._, 369.
+
+  Green, James S., Senator, 114.
+
+  Greene, Francis V., General, quoted, 227.
+
+  Greenville Academy, 5.
+
+  Gregory, S. S., 414.
+
+  Grider, Henry, Congressman, 281.
+
+  Grier, Robert C. Justice Sup. Ct., 289.
+
+  Grimes, James W., Senator, denounces impeachment, 313;
+    censured by radicals, 313;
+    striken with paralysis, but votes against impeachment, 325;
+    "though pure as ice," did not escape calumny, 326;
+    quoted, on Republican corruption, 341;
+    his character, 341; 150, 165, 166, 168, 189, 202, 281, 287, 316,
+      317, 338.
+
+  Grimshaw, Jackson, quoted, 213.
+
+  Grinnell, Moses H., collector of N. Y., 364;
+    and Leet, 367, 368.
+
+  Groesbeck, William S., of counsel for Johnson, 309; 372.
+
+  Grosvenor, William M., 352, 353, 382, 383.
+
+  Guthrie, James, Senator, 271.
+
+
+  Habeas corpus, authority to suspend, given to Scott, 190;
+    discussion of power to suspend, 191, 194;
+    case of Merryman, 194-196;
+    writ of, denied Vallandigham, 205;
+    suspension of, authorized in Ku-Klux bill of 1871, 356, 357.
+
+  Habeas Corpus Suspension bill, passes House, 196;
+    reported by T. to Senate, but fails to pass, 197;
+    T. offers substitute for, 198,
+      which is opposed by Democrats, 199,
+      but passes Senate, 199;
+    in conference, combined with Stevens's indemnity bill, 199;
+    debated, filibustered against, and passed, 200-203;
+    characterized, 203;
+    violated by banishment of Vallandigham, 203 _ff._;
+    and the Milligan case, 288, 289;
+    invoked by McCardle, 327.
+
+  Hahn, Michael, chosen governor of La., under reconstruction, 232, 233.
+
+  Hale, Eugene, Congressman, as a revenue reformer, 354.
+
+  Hale, John P., Senator, speech of, on Kansas affairs, 65; xxi, 37, 38,
+      102, 189, 194.
+
+  Hall's carbines, fraudulent repurchases of, 184.
+
+  Halleck, Henry W., General, G. Welles on, 226;
+    other opinions of, 227; 212.
+
+  Halstead, Murat, 380, 381, 384.
+
+  Hamilton, Alexander, xxiii.
+
+  Hamlin, Hannibal, Vice-President, 108, 109, 112, 141.
+
+  Hancock, Winfield S., General, 422.
+
+  Hardin, John J., 10, 427.
+
+  Harding, A. C, quoted, 118.
+
+  Harlan, James, Senator, 150, 189, 320, 338, 366, 419.
+
+  Harlan, John M., Justice Sup. Ct., his dissenting opinion in Civil
+      Rights Cases, 276, 278; 275.
+
+  Harper's Ferry, Brown's raid on, 96-100.
+
+  Harris, Ira, Senator, 176, 262, 281.
+
+  Harris, N. Dwight, _Negro Servitude in Illinois_, 29 and _n._; 30, 31;
+    on T., 31.
+
+  Harrison, William H., Governor, favors slavery in Northwest Territory,
+      24.
+
+  Hartford Convention, xxiv, xxv.
+
+  Harvey, J. E., divulges purpose to send supplies to Sumter, 155 _ff._;
+    rewarded by Seward, 155, 157;
+    Republican senators seek his recall from Portugal, 155, 156.
+
+  Hatch, O. M., Secretary of State of Ill., 87, 213.
+
+  Hay, John, his diary, quoted, 158, 190, 227.
+    _And see_ Nicolay and Hay.
+
+  Hayes, Rutherford B., President, disputed election of, 406, 407 _ff._;
+    declared elected by Electoral Commission, 411.
+
+  Hayne, Robert Y., Senator, xxii _n._, xxvi, xxvii, 3.
+
+  Heath, Randolph, 42.
+
+  Hecker, Fred, quoted, 215; 38.
+
+  Henderson, John B., Senator, proposes amendment to Constitution,
+      forbidding slavery, 223;
+    his resolution, amended, reported by T., 224;
+    his speech in its favor, 227;
+    the only one of the "Traitors" whom the Republican party publicly
+      forgave, 326; 260, 314, 316, 317, 321 _n._; 362.
+
+  Hendricks, Thomas A., Senator, 228, 258, 262, 271, 285, 301, 329, 402.
+
+  Henn, Bernhart, Congressman, 35.
+
+  Herndon, William H., quoted, 75, 80, 89, 90, 91, 92, 107, 119, 214,
+      429; 87, 112, 143 _n._; 426, 428.
+
+  Herold, conspirator, 289.
+
+  Hewitt, Abram S., Congressman, 408, 409.
+
+  Hickox, Virgil, 13, 19.
+
+  Hill, Adams S., 341.
+
+  Hilton, Henry, and A. T. Stewart, 336.
+
+  Hoadley, George, 372, 382.
+
+  Hoar, E. Rockwood, appointed Attorney-General, 337, 338;
+    cause of his resignation, 350;
+    his recommendations for vacant judgeships, 350;
+    his nomination to Supreme Court not confirmed, and why, 350;
+    Grant asks his resignation, 350.
+
+  Hodge, Paymaster, 362, 363, 395.
+
+  Hoffman, John T., Governor, 379.
+
+  Hogeboom, Henry, 147.
+
+  Holden, W. H., 238.
+
+  Horner, William N., quoted, on T's character, 425.
+
+  House of Representatives, Kansas-Nebraska bill in, 37;
+    rejects Lecompton bill, 83,
+      but passes substituted English bill, 84;
+    passes proposed Amendment to Constitution, forbidding interference
+      with slavery, 117;
+    passes Confiscation bill, 175;
+    Committee on Government Contracts of, 178 _ff._;
+    censures Cameron, 187;
+    passes bill concerning political prisoners, 196;
+    passes Stevens's indemnity bill, 198;
+    debate on 13th Amendment in, 223, 228;
+    debate on Civil Rights bill in, 271, 272, 281;
+    passes 14th Amendment, 282, 283;
+    Stevens's Reconstruction bill introduced in, 284,
+      passed by, 291, 292,
+      and passed over veto, 293, 294;
+    passes bill admitting Tennessee, 295;
+    Tenure-of-Office bill in, 301,
+      and passed by, over veto, 303;
+    votes against impeachment (Dec., 1867), 303, 304;
+    impeachment voted by (Feb., 1868), 309;
+    passes 15th Amendment, 338-340;
+    Committee of Ways and Means of, 354;
+    Committee of inquiry into navy frauds, characterized by T., 397,
+      398.
+
+  Hovey, Alvin P., Governor, 288.
+
+  Howard,Jacob M., Senator, on Civil Rights bill, 269, 270;
+    on Reconstruction Committee, 281;
+    proposes definition of "citizens" in 14th Amendment, 282, 283; 287,
+      298.
+
+  Howe, Samuel G., 343.
+
+  Howe, Timothy O., Senator, his view of the impeachment, 310;
+    and the ousting of Sumner, 345, 346; 316, 320, 323, 343, 366.
+
+  Humphrey, James, 180.
+
+  Hunt, Gaillard, xxii _n._
+
+  Hunter, David, General, at first battle of Bull Run, 165;
+    his order freeing slaves in certain states, revoked by Lincoln, 172.
+
+  Hunter, R. M. T., Senator, 49, 116.
+
+  Hurd, H. B., 98.
+
+  Hurlbut, S. A., quoted, 74.
+
+  Hutchins, Waldo, 390.
+
+
+  Illinois, new constitution of, adopted in 1847, 20;
+    slavery in, when ceded to U.S., 23;
+    earlier occupation of, 23;
+    opposition to slavery in, organized by Lemen, 23, 24;
+    territorial legislature of, violates Ordinance of 1787, 24, 25;
+    provisions of constitution of, concerning slavery, 25;
+    pro-slavery efforts to amend constitution, 25, 26;
+    their failure, 27;
+    T. elected to Congress from 8th district of, 37, 38;
+    and Seward's candidacy, 103;
+    campaign of 1860 in, 108 _ff._;
+    office-seekers from, in 1861, 139;
+    status of negroes in, 243;
+    in the Cincinnati convention (1872), 389, 390;
+    T. nominated for governor of, and defeated, 412.
+
+  Illinois legislature, and the proposed constitutional convention, 25,
+      26;
+    and the Senatorial election of 1854, 39 _ff._, 46 _n._;
+    condemns proceedings against Chicago _Times_, 209:
+    reelects T. as senator, 277.
+
+  Illinois State Bank, suspension of, 13.
+
+  Illinois Supreme Court, reconstruction of, 11;
+    number of judges of, 20;
+    T. elected judge of, 20;
+    T. reelected to, and resigns, 21;
+    decision of, in Jarrot _v._ Jarrot, 29, 30.
+
+  Immigration, and attempted legalization of slavery in Ill., 26.
+
+  Impeachment, two theories of, 312;
+    a judicial or political process? 312.
+
+  Impeachment of Andrew Johnson, first mention of, 303;
+    House Judiciary Committee reports in favor of, 304;
+    House rejects resolution providing for, 304;
+    evidence submitted to Committee on Reconstruction, 306,
+      which refuses to recommend, 308;
+    resolutions of, adopted by House, 309;
+    articles of, adopted, 309-311;
+    managers appointed, 309;
+    trial of, 309, 312 _ff._;
+    conduct of managers of, 312, 313;
+    material evidence excluded, 313;
+    divers newspapers quoted concerning, 314-317;
+    T. files opinion in, 318, 319;
+    vote of acquittal on 11th, 2d, and 3d articles, 320, 321;
+    end of the trial, 321;
+    T.'s vote on, 423.
+
+  Indemnity, Stevens's bill of passes House, 198;
+    combined with habeas corpus bill, 199;
+    debated, filibustered against, and passed, 200-203.
+
+  _Independent Democrat_, the, 14.
+
+  Indiana, opposed to Seward, 103;
+    in convention of 1860, 106, 107;
+    election of Oct., 1872, in, 402.
+
+  Inflation bill, Grant's veto of, 362.
+
+  Ingraham, Mary, T.'s second wife, 412.
+    _And see_ Trumbull, Mary (Ingraham).
+
+  Investigation and Retrenchment, Committee on, established by Senate,
+      364;
+    personnel of, 366, 367;
+    solves Leet and Stocking scandal, 367-369;
+    characterized by T., 395, 396.
+
+  "Irrepressible Conflict," the, existed before it was so described,
+      xxxiv.
+
+  Iverson, Alfred, Senator, 213.
+
+
+  Jackson, Andrew, xxv, xxvi, 76, 103, 124.
+
+  Janney, Mr., 161.
+
+  Jarrot _v._ Jarrot, decision of Supreme Court in, abolished Slavery in
+      Ill., 29, 30.
+
+  Jayne, Gershom, T.'s father-in-law, 15.
+
+  Jayne, Mrs. Gershom, T.'s letter to, on religion, 430, 431.
+
+  Jayne, Julia M., marries T., 15.
+    _And see_ Trumbull, Julia (Jayne).
+
+  Jayne, William, quoted, 106, 107; 108, 109, 111, 150, 379.
+
+  Jefferson, Thomas, and slavery, xxviii, 23, 24;
+    the proposed ordinance relating thereto (1784), xxviii, xxix and
+      _n._;
+    quoted, on Missouri Compromise, xxx; xxiii, xxiv.
+
+  Johnson, Andrew, popularity of, in Tenn., 214;
+    his early radicalism and anti-Southern feeling, 236;
+    gradual change in his attitude, 236;
+    opposes unrestricted negro suffrage, 236, 237;
+    adopts Lincoln's plan of reconstruction and his Cabinet, 237;
+    executive orders of, reorganizing governments of all seceding
+      states, 237, 238;
+    issues amnesty proclamation, 239;
+    Phillips makes first attack on, 239, 240;
+    defended by N. Y. _Tribune_ and _Times_, 240, 241;
+    his first message to Congress, written by Bancroft, 244;
+    the message praised by N. Y. _Times_ and _Nation_, 244, 245;
+    his early history, 245 and _n._;
+    in Senate of U.S., 246;
+    as public speaker and debater, 246;
+    his speech against secession, 246;
+    Stephens and Seward on, 246;
+    his speech of Aug. 29, 1866, 246;
+    attacked by Sumner, 246, 247;
+    and Terry's order concerning vagrancy law of Va., 247;
+    and reports of Grant and Schurz on conditions in the South, 252,
+      253, 254;
+    vetoes Freedmen's Bureau bill, 260, 261, 423;
+    vetoes Civil Rights bill, 272, 423;
+    his veto message answered by T., 272;
+    his course discussed, 273, 274;
+    his combativeness, 273 and _n._, 274;
+    majority against, in Congress, increased by elections of 1866, 277;
+    sustained by T. until veto of Civil Rights bill, 277;
+    signs bill readmitting Tenn., 285;
+    "National Union Convention" of supporters of, 285, 286;
+    his attack on Congress, and its sequel, 286;
+    policy of, and the Milligan case, 289;
+    and the Cabinet meeting of Jan. 8, 1867, 290;
+    Northern view of his plan of reconstruction, 293;
+    vetoes Reconstruction bill, 293,
+      and divers supplementary bills, 293, 294;
+    his power of removal aimed at by Tenure-of-Office bill, 301, 302;
+    impeachment of, now generally condemned, 303;
+    first mention of impeachment of, 303, 304;
+    House rejects impeachment resolutions, 304;
+    requests Stanton's resignation, 304, 305;
+    suspends him and appoints Grant _ad interim_, 305;
+    correspondence of, with Grant, submitted to committee, 306, 307;
+    his lack of tact, 306;
+    wishes to make up a case for Supreme Court, 307;
+    quoted by Truman as to his Cabinet, 307 _n._;
+    advised to let Stanton alone, but attempts to remove him, 308;
+    names Thomas Secretary _ad interim_, 308;
+    his action causes change in public feeling, 309;
+    House votes to impeach, 309;
+    his trial, 309, 312 _ff._;
+    summary of articles, 309-311;
+    his answer, 311;
+    evidence of his purpose to make a case for Supreme Court not
+      admitted, 312, 313;
+    acquitted, 320, 321;
+    vetoes Act of March 27, 1868, 329;
+    T.'s vote on impeachment of, 423; 181 _n._, 229, 278.
+
+  Johnson, Reverdy, Senator, favors 13th Amendment, 227;
+    on Civil Rights bill, 270; 247, 264, 281.
+
+  Jonas, A., quoted, 74, 79, 92.
+
+  Jones, George W., 35.
+
+  Judd, Norman B., expects seat in Lincoln's Cabinet, 148;
+    his character, 149;
+    favored by T., 149;
+    interview of, with Lincoln, 149, 150;
+    receives Prussian mission as a salve, 151, 152;
+    quoted, as to T.'s feeling against Lincoln, 217;
+    as to European admiration of Lincoln, 231;
+    on other subjects, 74, 80, 91; 15, 41, 43, 45, 46 _n._, 69, 87, 93,
+      142.
+
+  Julian, George W., Congressman, describes scene in House on adoption
+      of 13th Amendment, 228 and _n._; xxi.
+
+
+  Kansas, did Douglas intend it to be a slave state? 35, 36;
+    affairs in, in 1855, 49 _ff._;
+    prospect of slavery in, 49;
+    Reeder appointed governor, 49;
+    invaded by Missourians, 49;
+    election of Whitfield, 49, 50;
+    second invasion of Missourians, 50 _ff._;
+    "Border Ruffian" legislature of, enacts Slave code, 54, 55;
+    Shannon appointed governor, 55;
+    Free State convention In, 55;
+    Pres. Pierce's special message on affairs in, 55;
+    reports of Senate Committee on Territories thereon, 55 _ff._;
+    debate on affairs in, in Senate, 55 _ff._;
+    T.'s letter to Turner on affairs in, 71;
+    Walker appointed governor, 71;
+    Constitutional Convention at Lecompton, 72;
+    Cabinet Conspiracy concerning referendum on Lecompton Constitution,
+      72, 73;
+    legislature declares for submission of the whole Constitution, 73;
+    admission of, thereunder, recommended by Buchanan, 81;
+    administration bill, passed by Senate, but repealed by House, 83;
+    English bill, passed by Congress, but rejected by people, 83, 84;
+    reign of terror in, 126;
+    proposed suffrage amendment to Constitution of, rejected, 295.
+
+  Kansas-Nebraska bill, its original form, 33, 34;
+    as amended, 34, 35;
+    passed by Congress, 37;
+    effect of passage of, on parties at the North, 37;
+    T. organizes opposition to, in Ill., 37, 38;
+    opposed by Lincoln, 39;
+    and the Senatorial election in Ill., in 1854, 39 _ff._;
+    attacked by T., 56; 125, 126, 131.
+
+  Keim, William H., 195.
+
+  Kellogg, William P., and the governorship of La., 404, 405, 406, 408;
+      410, 411.
+
+  Kentucky Resolutions of 1798, xxiii.
+
+  King, Preston, Senator, 122.
+
+  King, Rufus, xxii _n._
+
+  Koerner, Gustave, quoted, 103, 118, 212, 213;
+    interview of, with Lincoln, 149, 150;
+    and the Russian mission, 151, 152;
+    appointed Minister to Spain, 152;
+    T. writes to, on impeachment, 323;
+    his death and funeral, 418; 29, 30, 37, 88, 379.
+
+  Ku-Klux bill, held unconstitutional by Supreme Court, 275, 358; 424.
+
+  Ku-Klux-Klan, in Georgia, 298, 300;
+    Grant's special message on, 356;
+    Congress passes bill relating to, 356,
+      which is opposed by T. and Schurz, 356, 357, 358.
+
+
+  Labor laws enacted by seceding states during reconstruction, 242;
+    brought before Congress, 247;
+    character of, 247.
+
+  Lambert, W. H., 110 _n._
+
+  Lane, Henry S., Senator, 106, 166.
+
+  Lane, James H., Senator, 53, 101 _n._
+
+  Larned, E. C, T.'s letters to, on compromise, 113, 114.
+
+  Lea, M. Carey, letter of, to T., on Fremont emancipation episode, 170,
+    and T.'s reply, 171, 172.
+
+  Lecompton constitution, slavery clause of, alone to be submitted to
+      people, 72, 73;
+    declared valid by Buchanan, 76;
+    condemned by T., 76, 77;
+    admission of Kansas under, urged by Buchanan, 81;
+    disappears with rejection of English bill by the people, 83.
+
+  Lee, S. Phillips, 169.
+
+  Leet and Stocking scandal, 364 _ff._;
+    Senate orders inquiry into, 355-367;
+    solution of, 367-369.
+
+  Lemen, Rev. James, organizes opposition to slavery in Northwest Terr.,
+     23, 24.
+
+  Lewis, B., quoted, 107.
+
+  Lewis, John F., 161.
+
+  Liberal Republican movement (1872) started in Mo., 351;
+    progress of, 351 _ff._;
+    Schurz a leader in, 352;
+    revenue reform an element in, 352, 353;
+    how viewed by Grant and his friends, 355;
+    shortcomings of Grant's administration the main cause of, 361.
+    _And see_ Cincinnati, Convention at.
+
+  Liberal Republicans, demand universal Amnesty with impartial suffrage,
+      356;
+    call for national Convention of, 372,
+    which meets at Cincinnati, 374 _ff._;
+    leading candidates for presidency among, 377;
+    division among, after Greeley's nomination, 385 _ff._;
+    meeting of dissentients, 391, 392.
+    _And see_ Missouri.
+
+  _Liberator_, the, established by Garrison (1831), xxxi;
+    attempts to suppress, xxxii.
+
+  Lincoln, Abraham, in Ill. legislature of 1840, 10;
+    his marriage, 15;
+    and the Kansas-Nebraska bill, 37;
+    and the Senatorial election of 1854, 39, 43 _ff._;
+    effect of repeal of Missouri Compromise on, 39;
+    his speech at Peoria in reply to Douglas, 39, 40 and _n._;
+    defeated by T., 45, 46 _n._;
+    letter of, to Washburne, on the result, 45, 46;
+    possible results of his election, 47;
+    urges T. to attend first Republican national convention, 69;
+    receives votes for Vice-President, 69;
+    writes T. on the ticket, 69, 70;
+    on Douglas's attitude on Lecompton, 74;
+    on Republican praise of Douglas, 87;
+    Palmer on candidacy of, for Senate, 88;
+    campaign of, for senatorship (1858), 89 _ff._;
+    on Buchanan Democrats, 90;
+    on prospects for 1860, 92; his relations with T., 93;
+    his debate with Douglas at Freeport, 94 _n._;
+    commends T.'s speech on John Brown raid, 100;
+    on Delahay's candidacy for Senate, 100, 101 _n._;
+    his status in 1860, 102;
+    a possible candidate for Republican nomination, 102 _ff._;
+    on the various candidates, 104, 105;
+    his radicalism, 105;
+    nominated, 106;
+    comments of Illinoisans on his candidacy, 106, 107;
+    on Republican prospects, 108;
+    his vote in Ill., 109;
+    and the ratification at Springfield, 109, 110;
+    on South Carolina's attitude, 110, 111;
+    opposed to compromise on extension of slavery, 111;
+    proposes resolutions on slavery, etc., 112;
+    on rumors of Buchanan's purpose to surrender forts, 112, 113;
+    his Cooper Institute speech, 115;
+    and the office-seekers, 139;
+    the making of his Cabinet, 139 _ff._;
+    and Seward, 139-141;
+    offers State Department to Seward, 141;
+    the Cameron affair, 142 _ff._;
+    his instructions against pre-convention contracts, 142;
+    Davis's influence over, 143 and _n._;
+    promises Cameron a portfolio, 144;
+    anti-Cameron appeal to, by McClure and T., 144, 145;
+    his reply to T., 145;
+    tries to buy Cameron off, 145, 146;
+    T.'s further remonstrance to, 146, 147;
+    and Judd, 148, 149;
+    interview with Koerner, 149, 150;
+    and the Harvey dispatch to Gov. Pickens, 155 _ff._;
+    makes Harvey Minister to Portugal, 155, 157, 158;
+    his previous consent to evacuate Sumter, to prevent secession of
+      Va., 158 _ff._;
+    his interviews with Baldwin and Botts, 159, 160, 161;
+    absurdity of Dabney's account, 162;
+    revokes Fremont's emancipation order, 169;
+    effect of his action, 169;
+    letters of Lea and T. on the crisis, 170-172;
+    T.'s view of his character, 171;
+    suppresses Cameron's pro-emancipation report, 172 and _n._;
+    revokes Hunter's order, 172;
+    proposes to veto T.'s Confiscation bill, 176;
+    his objections removed by resolution, 175, 176;
+    orders Wallace to desist from confiscation, 177;
+    and Cameron, 185;
+    nominates Cameron as minister to Russia, 186;
+    assumes responsibility in Cummings affair, 187;
+    authorizes Scott to suspend habeas corpus, 190;
+    his action approved, 191;
+    transfers authority to Stanton, 197;
+    proclaims martial law as to certain classes, 200;
+    issues Emancipation Proclamation, 200;
+    commutes Vallandigham's sentence to banishment, 204;
+    replies to protest of Northern Democrats, 205;
+    his only evasion, 205;
+    revokes Burnside's order suppressing Chicago _Times_, 207, 208;
+    criticized by N. Y. _Tribune_, 309 _n._;
+    and certain dispatches of Seward to Adams, 210 _ff._;
+    requested to demand Seward's resignation, 211;
+    his comment, 212;
+    and Delahay, 214;
+    Palmer on his prospect of renomination, 214, 215, 216;
+    first evidence of personal difference between T. and, 217, 218;
+    T.'s opinion of his administration, 218;
+    feeling in Congress adverse to his reelection, 218, 219;
+    denounced by Wilson, 219;
+    basis of opposition to, 219; renominated, but fears defeat, 219;
+    requests Blair's resignation, and why, 220 and _n._;
+    T. favors his reelection, 220, 221;
+    reelected by favor of Union victories, 221;
+    and Halleck, 226; his death, 231;
+    European opinion of, 231;
+    his view of status of seceding states embodied in proclamation of
+      Dec. 8, 1863, 232;
+    letter of, to Gov. Hahn of La., 233;
+    his address of Apr. 11, 1865, on reconstruction, 234, 235;
+    his plan adopted by Johnson, 237;
+    had his life been spared, 286;
+    his plan of reconstruction definitely abandoned, 291;
+    T.'s estimate of his character and career, 430; xxi, 65, 67, 240,
+      245, 246, 423.
+
+  Lincoln, Mary (Todd), 42, 46.
+
+  Lloyd, Henry D., 414, 417.
+
+  Lodge, H. C, Senator, _Daniel Webster_, xxii _n._, xxv _n._
+
+  Logan, John A., General and Senator, 75, 277, 304, 309, 339, 344, 363,
+      409.
+
+  Logan, Stephen T., 43, 44, 142, 220.
+
+  Louisiana, election in, under Lincoln's reconstruction order, 232;
+    Hahn chosen governor, 232, 233;
+    constitutional convention in, 233;
+    U. S. Senators chosen under new free constitution, 233;
+    resolutions recognizing new government of, defeated by Sumner, 233,
+      234;
+    contested election of 1872 in, 404, 405;
+    Senatorial investigation thereof, 405;
+    disputed returns from, in 1876, 408 _ff._
+
+  Louisiana purchase, Federalist opposition to, xxiii, xxiv.
+
+  Louisville _Courier-Journal_, interview with T. in, 369, 370; 372.
+
+  Lovejoy, Rev. Elijah P., murder of, described by T., 8-10;
+    its effect on Abolition movement, 10; xxxiii.
+
+  Lovejoy, Rev. Owen, Congressman, 43.
+
+  Lundy, Benjamin, xxxi.
+
+
+  McCardle, William H., arrest and imprisonment of, 327;
+    remanded on habeas corpus, 327;
+    appeals, 327;
+    T. appears against in Supreme Court, 327, 328;
+    his appeal dismissed, under Act of March, 1868, 329, 330;
+    T.'s connection with case of, criticized, 330, 331.
+
+  McClellan, George B., General, inaction of, 169; 171, 172, 219.
+
+  McClernand, John A., 10, 11, 427.
+
+  McClure, A. K., his _Lincoln and Men of War-Time_, quoted, 143;
+   opposes Cameron's appointment, 144; 374.
+
+  McClurg, Joseph, 352.
+
+  McCulloch, Hugh, Secretary of Treasury, opinion of, on question of
+      territorializing states, 290.
+
+  McDougall, James A., Senator, 166, 228, 285.
+
+  McDowell, Irwin, General, at first Bull Run, 165, 167.
+
+  McEnery, John, and the governorship of La., 404, 405.
+
+  McLean, John, Justice Sup. Ct., candidate for Republican nomination
+      (1860), 103;
+    shakes his fist in Buchanan's face, 122, 123; 69, 104, 105.
+
+  McLean, Mrs. John, 121.
+
+  McPike. H. G., quoted, 107, 118;
+    T.'s letter to, on Lincoln's reelection, 218.
+
+  Madison, James, xxii _n._, xxxi.
+
+  Magruder, Allan B., 161, 162.
+
+  Magruder, Benj. D., Chief Justice of Ill., quoted, 21, 22.
+
+  Mails, irregularity of, in early 19th century, 7.
+
+  Malaria, Trumbull family afflicted by, 19.
+
+  Managers of impeachment, overmatched by defendant's counsel, 309;
+    their conduct of the trial, 312, 313;
+    bring pressure to bear on Senators, 313.
+
+  Mann, A., Jr., 140, 141.
+
+  Marble, Manton, quoted, 373.
+
+  Mason, James M., Senator, threatens dissolution of Union, 70, 71;
+    moves for committee of inquiry into John Brown raid, 98; 53, 116,
+      134, 349 and _n._
+
+  Massachusetts, slavery in, xxvii.
+
+  Massachusetts legislature, Anti-Embargo resolutions of, xxiv.
+
+  Mather, Rev. Richard, 2.
+
+  Matteson, Joel A., Governor, 43, 44, 46 and _n._, 60.
+
+  Matteson, O. B., 179.
+
+  Matthews, Stanley, Justice of Sup. Ct., 275, 372.
+
+  Maynard, Horace, Congressman, quoted, 293.
+
+  Medill, Joseph, quoted, on T.'s character and possible future, 424,
+      425.
+
+  Meigs, Montgomery C, Q.-M. Gen., 185.
+
+  Merryman, John, summary arrest of, 194-196.
+
+  Methodist Church, the, and the impeachment trial, 317.
+
+  Miles, Nelson A., General, 167.
+
+  Military commission, trial of civilians by, divided opinion of Supreme
+      Court on, in Milligan case, 289.
+
+  Miller, Samuel F., Justice Sup. Ct., 275, 289, 409.
+
+  Milligan case, decided by majority of Supreme Court, 288, 289;
+    grounds of decision, 288, 289,
+      and its consequences, 289;
+    radicals angered by, 289, 290; 327.
+
+  Minnesota, proposed suffrage amendment to constitution of, repealed,
+      295.
+
+  Mississippi, order for reconstruction of, 238;
+    fails to adopt new constitution promptly, 295;
+    new conditions imposed on, 296.
+
+  Missouri, admission of, xxix, xxx,
+    during the war, 351;
+    continued political warfare in, after the war, 351;
+    state constitution of 1865, 351;
+    division in Republican party of, results in Schurz's election as
+      senator, 351, 352;
+    success of Liberal republican movement in, 352;
+    liberal movement in, how viewed by Grant, 355;
+    state convention of Liberal Republicans of, adopts platform and
+      calls national Convention, 372;
+    its platform defended by T., 376;
+    vote of, in Cincinnati convention, 383.
+
+  Missouri Compromise, history of, xxx;
+    repeal of, causes T.'s return to politics, 32;
+    not repealed by original Nebraska bill, 34;
+    Dixon amendment for repeal of, adopted by Douglas, 34;
+    repeal of, and Lincoln, 39;
+    meaning of "forever" in, 62, 63 _n._;
+    repeal of, 125, 126;
+    and the Crittenden Compromise, 131.
+
+  _Missouri Democrat_, the, 142, 352.
+
+  Missourians, and Kansas, 35;
+    invade Kansas, 49;
+    threaten Gov. Reeder, 50, 51;
+    Atchison's advice to, 52;
+    in Kansas, 56, 57, 58, 65.
+
+  Monroe, James, President, 103.
+
+  Moran, Thomas A., Judge, on T.'s public services, 419.
+
+  Morgan, Edwin D., Governor, 178, 261, 265, 314, 321.
+
+  Morrill, Justin S., Congressman, 168, 281.
+
+  Morrill, Lot N., Senator, 263.
+
+  Morrison, J. L. D., 41.
+
+  Morton, Oliver P., Senator, 298, 307 _n._, 339, 346, 355, 363, 371,
+      376, 405, 406 and _n._
+
+  Motley, J. Lothrop, minister to England, removed, 347, 348.
+
+  Moultrie, Fort, 129.
+
+  Murphy, Thomas, appointed collector of N. Y., 362, 363;
+    and the Leet and Stocking case, 365, 368; 371.
+
+
+  _Nation_, the, praises Johnson's first message, 244, 245;
+    quoted, on T. and the Georgia bill, 299, 300;
+    on Republican abuse of the "Seven traitors," 316, 317;
+    on conference of revenue reformers, 353, 354;
+    on Liberal Republican movement, 355, 356;
+    on Leet and Stocking case, 368, 369;
+    on opposition to Grant, 370, 371;
+    on Cooper Union meeting, 376, 377;
+    on Schurz's attitude toward Greeley, 392;
+    and the defeat of Greeley, 404; 273, 372.
+
+  National Union Convention of Johnson men, 285, 286, 323.
+
+  Nationalism, and the Constitution, xxvi, xxvii.
+
+  Nebraska, bill to organize territory of, reported by Douglas, 33, 34.
+    _And see_ Anti-Nebraska Democrats, and Kansas-Nebraska bill.
+
+  Negro suffrage, omitted from new constitution of La., 233;
+    Garrison opposes imposition of, in the South, 235;
+    Pres. Johnson opposed to, 236, 237;
+    vote of Johnson's Cabinet on, as applying to provisional
+      governments, 238;
+    not included in executive orders, 238, 239;
+    W. Phillips's views on, 239, 240,
+      traversed by N. Y. _Tribune_, 240,
+      and _Times_, 240, 241;
+    in Northern States in 1866, 243;
+    question of, not acute in early 1866, 261;
+    Howard argues against, 287;
+    made a permanent condition of reconstruction, 292 and _n._;
+    Northern opinion concerning, 293;
+    in Republican convention of 1868, 332, 333;
+    finally embodied in 15th Amendment, 338-340.
+
+  Negroes, T. appears for in attempts to regain freedom, 28 _ff._;
+    right of, to bring actions in U. S. courts, 64;
+    condition of, in South, under reconstruction, 241-243;
+    status of, in Northern states, in 1866, 243;
+    debate on granting civil rights to, 265 _ff._
+
+  Nelson, Samuel, Justice Sup. Ct, 289.
+
+  Nelson, Thomas A.R., of counsel for Johnson, 309.
+
+  Nesmith, James W., Senator, 261, 285.
+
+  New England, why opposed to Louisiana Purchase, xxiii, xxiv.
+
+  New England Emigrant Aid Co., attacked by Douglas, 35;
+    blamed by Pierce and Douglas for disorders in Kansas, 26 _ff._;
+    defended by T., 58, 59.
+
+  New Jersey, opposed to Seward, 103;
+    legislature of, elects Stockton Senator, 262;
+    validity of his election challenged, 262-265.
+
+  New York, "compromisers" from, 122;
+    and the 15th Amendment, 340;
+    majority against Greeley in, 402.
+
+  New York _Evening Post_, quoted, on exclusion of negroes from
+      suffrage, 239;
+    on the impeachment trial, 314, 315; 91, 372, 375.
+
+  New York Free Trade League, 353.
+
+  New York _Herald_, quoted, on Cincinnati convention, 390; 50, 378.
+
+  New York Republicans oppose Seward's inclusion in Lincoln's Cabinet,
+      139 _ff._;
+    T.'s Interview with, 140, 141.
+
+  New York _Times_, quoted, on T.'s debate with Douglas, 66;
+    on Seward's dispatch to Adams, 211;
+    on Johnson's first message, 244.
+
+  New York _Tribune_, quoted, in T.'s debate with Douglas, 66;
+    praises Douglas, 87;
+    and the Vallandigham case, 205, 206, 209 _n._;
+    on Lincoln's revocation of order suppressing Chicago _Times_, 209
+      _n._;
+    defends Johnson against Phillips, 240; 91, 92, 239, 314, 315, 372.
+
+  New York _World_, circulation of, in Burnside's department, forbidden
+      by him, 206; 373.
+
+  Newman, Professor, 235.
+
+  Nicholson letter, on squatter sovereignty, 94.
+
+  Nicolay, John G., quoted, 75.
+
+  Nicolay (John G.) and Hay (John), _Abraham Lincoln_, on Lincoln's
+      offer to evacuate Sumter, 159;
+    on Cameron's leaving the Cabinet, 185, 186;
+    quoted, 143, 162, 220.
+
+  Niles, Nathaniel, 30.
+
+  North, the, took up arms to preserve the Union, xxi, xxii;
+    slavery in, xxviii.
+
+  North Carolina, attempt at reconstruction in, 238;
+    qualifications of electors in, 238;
+    election of August, 1872, in, 399, 400.
+
+  Northern States, negro suffrage in, 243.
+
+  Northern view of reconstruction, 293.
+
+  Northwest, the, its claim to consideration, 132, 133.
+
+  Northwestern Territory, slavery in, before
+    1787, 23, 24;
+    provisions of Ordinance of 1787, concerning slavery in, 24;
+    main source of immigration to, 24.
+
+  Norton, Daniel S., Senator, his vote against impeachment, 323; 261,
+      285, 313.
+
+  Nourse, George A., 68.
+
+  Noyes, William C., 140, 141.
+
+  Nullification, in South Carolina, xxv, xxvi;
+    in Mass. (1885), xxvi.
+
+  Nye, James W., Senator, 360.
+
+
+  O'Conor, Charles, nominated for Pres. by dissentient Democrats (1872),
+      but declines, 394.
+
+  Ogden, William B., 207.
+
+  Oglesby, Richard J., General, succeeds T. in Senate, 407; 277.
+
+  Ohio, in convention of 1860, 107;
+    proposed suffrage amendment to constitution of, rejected, 295;
+    and the 15th Amendment, 340;
+    and the call for a Liberal Republican convention, 372;
+    election of Oct., 1872, in, 402.
+
+  "Old Public Functionary" (Buchanan), 122.
+
+  Opdycke, George, 147, 178.
+
+  Ord, Edward O. C., General, orders arrest of McCardle, 327.
+
+  Ordinance of 1787, provisions of, concerning slavery, 24;
+    violated by territorial legislature of Ill., 24, 25;
+    attempts to repeal 6th article of, 25;
+    kept slavery out of Ill., 28.;
+    and the 13th Amendment, 224.
+
+  Osgood, Uri (Illinois senate), 41, 42, 43.
+
+  Otis, Harrison G., Mayor of Boston, and the _Liberator_, xxxii.
+
+  Owen, Robert Dale, principal author of 14th Amendment, 282.
+
+
+  Palmer, John M., General, on Republican alliance with Douglas, 87, 88;
+    on Lincoln's prospect of renomination, 214, 215, 216;
+    on Grant's character and future, 216;
+    on Liberal Republican movement, 377; 21, 41, 43, 45, 46 _n._, 93,
+      109, 277, 373, 419.
+
+  Parker, Rev. Theodore, 78.
+
+  Parks, Sam C., quoted, 46 _n._, 75, 119.
+
+  Particularism, and the Constitution, xxvi.
+
+  Patterson, James W., Senator, 343, 362, 363, 364, 367, 371.
+
+  Payne, conspirator, 289.
+
+  Pearce, James A., Senator, 194.
+
+  Peck, Ebenezer, quoted, 74, 80, 119, 147, 148; 13, 87, 150, 427, 431.
+
+  Peck, Rev. John M., 27, 28.
+
+  Peirpoint, Francis M., recognized as Governor of Va., under
+      reconstruction, 237; 161.
+
+  Pendleton, George H., Congressman, and the "Greenback" movement, 324.
+
+  Pennsylvania, opposed to Seward, 103;
+    in convention of 1860, 106, 107;
+    in Liberal Republican movement, 374;
+    election of Oct. 1872, in, 402.
+
+  People's party, issues T's speech at Chicago as campaign document,
+       415;
+    T. draws resolutions for meeting of, 415-417.
+
+  Philadelphia, National Union Convention at, 285, 286.
+
+  Phillips, D. L., quoted, 75, 89; 213.
+
+  Phillips, Wendell, opposes reelection of Lincoln, 220;
+    savagely attacks Johnson, 239, 240;
+    reproved by N. Y. _Tribune_, 240,
+      and _Times_, 240, 241; 388.
+
+  Piatt, Donn, _Memories of Men who saved the Union_, quoted, 222.
+
+  Pickens, Francis W., Governor, 121, 155, 156, 157, 158.
+    _And see_ Harvey.
+
+  Pierce, Edward L., _Life of Sumner_, quoted, 292 _n._, 347 _n._; 66.
+
+  Pierce, Franklin, President, makes Reeder Governor of Kansas, 49;
+    removes Reeder and appoints Shannon, 55;
+    his special message on Kansas affairs, 55; xxi, 37, 52, 54, 65, 73,
+      83, 246.
+
+  Poland, Luke D., Senator, 262, 304.
+
+  Pomeroy, Samuel C., Senator, 202, 203.
+
+  Poore, Ben: Perley, 342.
+
+  "Popular sovereignty," 39.
+
+  Porter, Horace, General, 366.
+
+  Postage in early 19th century, 7, 20.
+
+  Pottawatomie massacre, the, 97.
+
+  Powell, Lazarus W., Senator, opposes habeas corpus suspension bill,
+      198, 199, 200, 201, 202; 116.
+
+  Protection, meaning of, in 1871, 354.
+
+  Pullman Co., strike of employees of, 413-415.
+
+
+  Randall, Alexander W., Postmaster General, 285.
+
+  Randall, J. G., 174 and _n._
+
+  Randolph, John, of Roanoke, and article 6 of Ordinance of 1787, 25;
+      xxxi.
+
+  Raum, Green B., quoted, 67 and _n._
+
+  Rawlins, John A., General, appointed Secretary of War, 337; 330.
+
+  Ray, C. H., quoted, 74, 75, 87, 148, 243, 261; 79, 80, 151.
+
+  Ray, P. Ormon, Repeal of the Missouri Compromise, 37 _n._
+
+  Raymond, Henry J., Congressman, 272.
+
+  Read, John M., 108.
+
+  Reconstruction, Lincoln's plan of, set forth in proclamation of
+      Dec. 8, 1863, 232;
+    the La. attempt at, 233, 234;
+    Lincoln's address on, Apr. 11, 1865, 235;
+    his plan endorsed by Garrison, 235, 236,
+      and adopted by Johnson, 237;
+    in Va., 237;
+    in Tenn., 237, 238;
+    in Ark., 238;
+    in No. Carolina, and other seceding states, 238;
+    Shaffer and Ray on conditions in those States under, 242, 243;
+    the _Nation_ on Johnson's plan of, 244, 245;
+    Lincoln's plan of, definitely abandoned, 291;
+    supplementary measure of, passed by Congress, vetoed, and passed
+      over veto, 294;
+    drastic provisions of, 294;
+    further measures of, passed over vetoes, 295;
+    a failure, 341;
+    change in T.'s course on, 423, 424.
+
+  Reconstruction, House Committee on, inquires into suspension of
+      Stanton, 306;
+    refuses to recommend impeachment, 308.
+
+  Reconstruction, Joint Committee on, members of, 281;
+    amendment to Constitution proposed to, by Bingham and Stevens, 282;
+    reports 14th Amendment, 283, 284.
+
+  Reconstruction bill (Stevens's) establishing military government in
+      South, 291, 292;
+    amended by provision for negro suffrage, 292;
+    passed by Congress, vetoed, and passed over veto, 293, 294.
+
+  Reeder, Andrew H., appointed Governor of Kansas, 49;
+    confirms elections of Whitfield as Delegate to Congress, 49, 50;
+    and the Missourian invaders, 50, 51, 53, 54;
+    removed by Pierce, 55; 56, 59, 63, 108, 150.
+
+  Religion, T.'s views on, 430, 431.
+
+  Republican National Convention (_1856_), 69;
+    (_1860_), nominates Lincoln, 105, 106;
+    (_1868_) on negro suffrage, 332, 333;
+    its negro-suffrage plank too brazen to be long maintained, 338;
+    (_1872_), nominates Grant and Wilson, 393;
+    platform of, 394.
+
+  Republican party, first national convention of, 69, 70;
+    rumored alliance of Douglas with, 78-80;
+    still inchoate in 1860, 102;
+    candidate for presidential nomination of, in 1860, 102 _ff._;
+    T.'s views concerning, 103, 104;
+    T.'s view of duty of, in 1861, 113, 114;
+    T.'s position in, in campaign of 1866, 273;
+    control of, shifted to radical wing by veto of Civil Rights bill,
+      277;
+    power of that wing of, increased by refusal of South to ratify 14th
+      Amendment, 287;
+    lead of, in Congress, assumed by Sumner and Stevens, 291;
+    definitely abandons Lincoln's plan of reconstruction, 291;
+    generally adopts Sumner's view of impeachment, 312;
+    treatment of "traitor" Senators by, 322-326;
+    Henderson alone forgiven, 326;
+    corruption in, in 1870, 341 _ff._;
+    division in, in Mo., 351 _ff._;
+    both sections of, in Mo., adopt "Anti-tariff" resolution, 352;
+    defeated in Congressional elections of 1874, 408;
+    T.'s separation from, 420.
+
+  Republicans of the first period, xxiii.
+
+  Republicans, Eastern, favor Douglas's re-election to Senate, 86;
+    and the Lincoln-Douglas campaign, 91, 92;
+    in Ill., distrust Douglas, 86,
+      and prefer Lincoln for Senator, 86;
+    those opposed to Lincoln, nominate Fremont and Cochrane (1864), 219,
+      220.
+
+  Retrenchment, Joint Committee on, report of, 362, 363;
+    and the Leet and Stocking case, 364 _ff._
+
+  Revenue reform, an element in Liberal Republican movement, 352, 353;
+    conference of advocates of, 353, 354;
+    in the Cincinnati convention, 381, 382.
+
+  Reynolds, John, Governor, and the pro-slavery attempt to amend the
+      constitution of Ill., 26;
+    quoted, 28; 6 _n._, 11, 38.
+
+  Rhode Island, opposed to Seward, 103.
+
+  Rhodes, James F., _History of the U. S._, quoted on "anti-impeachment"
+      Senators, 322;
+    on La. returning board, 408;
+    cited, 406 _n._
+
+  Richardson, William A., Senator, 10, 197, 201, 427.
+
+  Riddle, A. G., _Recollections of War-Time_, quoted, 228 _n._; 219.
+
+  Robbins, Henry S., T.'s partner, 407;
+    quoted, on T.'s character, 425.
+
+  Robertson, Thomas J., 359.
+
+  Robeson, George M., appointed Secretary of the Navy, 337;
+    action in the Secor case, 396, 397, 398.
+
+  Ross, Edmund G., Senator, immortalized by his vote against
+      impeachment, 322;
+    his later years, and death in poverty, 322; 299, 314, 317.
+
+  Russia, Cameron appointed Minister to, 186, 187-189.
+
+
+  San Domingo treaty, opposed by Sumner, 342, 343;
+    Wade commission, 343,
+      and its report, 386;
+    attempt to secure ratification of, 360.
+
+  Sands, Mahlon D., convokes conference of revenue reformers, 353.
+
+  Saulsbury, Willard, Senator, 201, 228, 249, 250, 267, 268, 272.
+
+  Scates, Walter B., Judge, quoted, 213; 21, 375.
+
+  Schenck, Robert C., Congressman, 165, 166, 167.
+
+  Schurz, Carl, Senator, report of, in his Southern tour, 253-255;
+    his report has great influence, 254;
+    his later doubts as to his conclusions, 254 _n._;
+    succeeds Henderson in Senate, 351, 352;
+    a leader in Liberal Republican movement, 352;
+    opposes Ku-Klux-Klan bill, 356, 358;
+    his speech a masterpiece, 358;
+    on Leet and Stocking case, 365, 366;
+    chairman of Cincinnati Convention, 383;
+    his view of nomination, 384, 385;
+    how connected with course of Blair and Brown, 385 and _n._; his
+      attitude toward Greeley's candidacy, 391, 392;
+    urges him to decline, 391;
+    Godkin and Godwin remonstrate with, 392, 393;
+    in the campaign, 399;
+    Greeley's farewell letter to, 403; 107, 189, 343, 344, 353, 359,
+      363, 369, 371, 373, 377, 378, 389, 402.
+
+  Scott, Dred, not consciously a party to suit brought in his name, 82,
+      83.
+    _And see_ Dred Scott case.
+
+  Scott, Thomas A., censured by House Committee, 184, 185; 172 _n._,
+      186.
+
+  Scott, Winfield, General, has authority from Lincoln to suspend habeas
+      corpus, 190; 121, 122, 128, 171.
+
+  Scripps, John L., 87.
+
+  Secession movement, history of, 125 _ff._
+
+  Secors, the, and the Navy Dep't, 397, 398.
+
+  Senate of U. S., debates Kansas-Nebraska bill, 34,
+      and passes it, 37; T. takes his seat in, 48;
+    debates on affairs in Kansas in, 55 _ff._, 63, 64, 65, 76 _ff._, 81,
+      82, 83;
+    passes Lecompton bill, 83,
+      and substituted English bill, 84;
+    debate on popular sovereignty in, 94;
+    debate on Davis's anti-Douglas resolutions in, 95, 96,
+      and on John Brown raid, 98-100;
+    J. Davis's last speeches in, 110, 114, 115;
+    debates Crittenden Compromise, 115-117,
+       and rejects it, 117;
+    passes proposed amendment to constitution forbidding interference
+      with slavery, 117;
+    Douglas's death announced to, by T., 152, 153;
+    struggle in, over confirmation of Cameron as Minister to Russia,
+      187-189;
+    debate in, on arbitrary arrests, 190 _ff._;
+    passes bill concerning political prisoners, 197;
+    debates habeas corpus suspension bill, 198 _ff._;
+    Democratic filibuster thereon, 200-203;
+    debates 13th Amendment, 223 _ff._;
+    debates Louisiana bill, 233, 234;
+    Sumner's attack on Johnson in, 246, 247;
+    debate on Wilson bill in, 247-250;
+    calls for Schurz's report on Southern affairs, 253;
+    debates Freedmen's Bureau bill, 258-260,
+      but fails to pass it over veto, 261;
+    Stockton election contest in, 261-265;
+    debates Civil Rights bill, 265-270,
+      and passes it over veto, 272;
+    passes 14th Amendment, 283;
+    passes bill admitting Texas, 284;
+    amendment looking to negro suffrage offered in, 287;
+    adopts Sumner's negro-suffrage amendment to Reconstruction bill,
+      292, and passes bill over veto, 293, 294;
+    pass bills readmitting divers States, 296, 297;
+    debates Georgia bill, 298, 299;
+    debates Tenure-of-Office bill, 301, 302,
+    and passes it over veto, 303;
+    non-concurs in removal of Stanton, 305, 306;
+    trial of Johnson impeachment in, 309-314, 318-320;
+    acquits him on three counts, 320, 321;
+    debate on T.'s connection with McCardle case, 331, 332;
+    debates and passes 15th Amendment, 338-340;
+    debate in, on ousting Sumner from Foreign Affairs Committee, 343
+      _ff._;
+    debates Ku-Klux-Klan bill, 356-358,
+      and Amnesty bill, 359, 360,
+      and Hodge resolution, 362-364;
+    orders inquiry into Leet and Stocking scandal, 365, 366;
+    discusses make-up of committee, 366, 367;
+    T.'s speech on Mo. convention of 1872, 376;
+    Sumner's anti-Grant speech in, 387, 388;
+    orders investigation of La. election, 405;
+    T.'s last speech in, 405.
+
+  Seward, William H., speech of, on Kansas affairs, 64;
+    the "logical candidate" in 1860, 102;
+    opposition to nomination of, 102, 103;
+    too radical for some states, 103;
+    T. and Lincoln on candidacy of, 103, 104, 105;
+    his inclusion in Cabinet opposed, 139 _ff._;
+    State Dep't. offered to, 141;
+      and Cameron's appointment, 143;
+      and the Harvey despatch to Gov. Pickens, 155 _ff._;
+      and Harvey's appointment to Portugal, 155, 157;
+    his assurance to Confederate envoys as to evacuation of Sumter, 156;
+    his purpose, to defeat relief of Sumter, 157;
+    had induced Lincoln to agree to evacuation to prevent secession of
+      Va., 158;
+    sends Magruder to Va. convention, 161;
+      and Douglas, in April, 1861, 163, 164;
+    his aims patriotic but futile, 164;
+    assumes power to order arbitrary arrests, 190 _ff._;
+    his dispatches of Apr. 1861, and July, 1862, to Adams, 210 _ff._;
+    his attitude toward Lincoln's war policy, 210;
+    unjustly blamed for non-success of Union arms, 210, 211, 212;
+    committee of Republican Senators urge Lincoln to demand his
+      resignation, 211;
+    Lincoln's comment thereon, 212;
+    on real date of emancipation, 222;
+    his construction of 13th Amendment confirmed by Supreme Court, 229;
+    on Johnson as a speaker, 246;
+    opinion of, on matter of territorializing States, 290;
+    prepares Johnson's veto message of Tenure-of-Office bill, 303; 48,
+      79, 82, 84, 86, 88, 106, 107, 108, 112, 116, 118, 119, 145, 146,
+      147, 150, 151, 170, 172, 181 _n._, 182, 197, 238, 307, 430.
+
+  Seymour, Horatio, elected Governor of N. Y., 197;
+    Democratic nominee for Pres. (1868), 333; 355.
+
+  Shaffer, J. W., quoted, on conditions in seceding states, 242, 243.
+
+  Shannon, Wilson, succeeds Reeder as Governor of Kansas Terr., 55.
+
+  Sheahan, James W., 79.
+
+  Sheridan, P. H., General, 221.
+
+  Sherman, John, Senator, on Tenure-of-Office bill, 301, 302, 303;
+    his view of impeachment, 309, 310;
+    and evidence of Johnson's intent, 313;
+    on Sumner and the Foreign Affairs Committee, 344, 345;
+    on Caucus secrets, 345, 346; 102, 248, 249, 292, 316, 320, 363, 371,
+      409.
+
+  Sherman, William T., General, quoted, on conditions in La. (1859),
+      xxxv, 165, 166, 221, 257, 308.
+
+  Shields, James, Senator, 39, 43.
+
+  Shiloh, battle of, 334.
+
+  Simpson, Matthew, Methodist bishop, and the impeachment trial, 317,
+      320.
+
+  Slave trade, extension of, deemed a vital necessity in the South,
+      xxxiv.
+
+  Slavery, how involved in the War, xxi, xxii;
+    history of, in the U. S., xxvii _ff._;
+    change in Southern view of, xxxii, xxxiii;
+    in Ill., early history of, 23 _ff._;
+    provisions of Ordinance of 1787 concerning, violated by legislature,
+      25;
+    prohibited by State Constitution, 25;
+    attempts to perpetuate in Ill., 28-30;
+    and the Kansas-Nebraska bill, 34 _ff._;
+    in Lecompton Constitution, 72, 76;
+    Douglas's attitude toward, 78, 86;
+    in territories, doctrine of Squatter Sovereignty, 94 and _n._, 95;
+    resolutions concerning, proposed by Lincoln, 112;
+    proposed Amendment to Constitution forbidding interference with,
+      passes both Houses, 117;
+    T.'s review of question of, 124 _ff._;
+    T.'s view of effect of 13th Amendment on, 249, 250, 251, 258, 259,
+      260.
+    _And see_ Constitution (Amendment XIII), and Squatter Sovereignty.
+
+  Slaves, premature attempts to emancipate, by Fremont, 169, 170,
+      Cameron, 172,
+      Hunter, 172;
+    T.'s confiscation bill, 173 _ff._,
+      the first step toward full emancipation, 176.
+
+  Slidell, John, 80, 349, and _n._
+
+  Smith, Caleb, Secretary of the Interior, 142, 148, 149, 151, 429.
+
+  South, the, and the right of Secession, xxx;
+    and the Missouri Compromise, xxx;
+    condition of, in second quarter of 19th century, xxxii, xxxiii;
+    changing view of slavery in, xxxii,
+      and of the slave trade, xxxiv.
+
+  South Carolina, and Nullification, xxv, xxvi;
+    attitude of, in 1861, 110;
+    forts in, Lincoln's attitude concerning, 112, 113;
+    and the 13th Amendment, 229;
+    disputed returns from (1876), 408.
+
+  Southern States. _See_ States seceding.
+
+  Spaulding, Rufus P., Congressman, moves for inquiry into suspension of
+      Stanton, 306; 304.
+
+  Spencer, Charles S., threatens T. for his attitude on impeachment,
+      315.
+
+  Spoils system, T. on iniquities of, 349.
+
+  Springfield (Ill.) _Journal_, 142.
+
+  Springfield (Mass.) _Republican_, 372.
+
+  _Squatter Sovereign_, the, quoted, 51.
+
+  Squatter Sovereignty, doctrine of, reaffirmed by Douglas, 94;
+    denied by Jefferson Davis, 94.
+
+  Stallo, J. G., 373.
+
+  Stanbery, Henry, Attorney-General, opinion of, on question of
+      territorializing states, 290, 291;
+    of counsel for Johnson, 309; 327.
+
+  Stanton, Edwin M., Secretary of War, and arbitrary arrests, 197;
+    general jail delivery by, 198;
+    opinion of, on question of territorializing states, 290, 291;
+    and the Cabinet section of Tenure-of-Office bill, 302;
+    advises veto, and assists Seward in preparing veto message, 303;
+    declines to resign as Secretary of War, 305;
+    suspended, 305;
+    denies power of Pres. to suspend him, 305;
+    surrenders office to Grant, 305;
+    resumes office, after Senate's action, 306;
+    his embarrassing position, 308;
+    Johnson attempts to remove, 308;
+    refuses to turn over office to Thomas, 308;
+    change in popular feeling concerning, 308, 309;
+    attempted removal of, basis of first 8 articles of impeachment, 309,
+      310;
+    claims to be protected by Tenure-of-Office Act, 310;
+    evidence of his advice to Johnson as to that act, excluded, 313;
+    articles based on removal of, not voted on, 320;
+    relinquishes office, 321;
+    his conduct condemned, 321; 177, 186, 189, 237, 318, 319, 330, 430.
+
+  Stanton, F. P., acting Governor of Kansas, removed by Buchanan, 73.
+
+  _State Register_, the, 13, 14.
+
+  State sovereignty, xxii, xxv.
+
+  States, admitted in pairs, xxix.
+
+  States, seceding, opposing views as to status of, 231, 232;
+    Sumner and Stevens against Lincoln, 231, 232;
+    reconstruction of, mapped out before 39th Congress met, 237, 238;
+    witches' caldron in, under reconstruction, 241;
+    labor problem in, 241, 242;
+    new labor laws of, 242,
+      and their effect in the North, 242;
+    Shaffer quoted on conditions in, 242, 243;
+    reports of Grant and Schurz on conditions in, 252-254;
+    Committee on Reconstruction on status of, 284;
+    Stevens reports bill to restore political rights of, 284, 285;
+    except Tenn., refuse to ratify 14th Amendment, 287;
+    cause and consequence of their refusal, 287;
+    Stevens's bill to make military authority supreme in, 291, 292;
+    constitutions adopted by, in 1868, 295, 296.
+
+  Stephens, Alex. H., on Johnson's speech against secession, 246.
+
+  Stetson, Francis L., letter of, to author, 40 _n._
+
+  Stevens, Simon, 184.
+
+  Stevens, Thaddeus, his bill of indemnity for arbitrary arrests, 198;
+    his views of status of seceding states, 231;
+    on Reconstruction Committee, 271;
+    proposes amendments to Constitution, 282;
+    reports bill to restore political rights of states, 284;
+    his bill making military authority supreme in the South, 291, 292;
+    author of 11th article of impeachment, 311; 184, 260, 278, 287, 304,
+      306, 308, 309.
+
+  Stewart, Alex. T., nominated by Grant as Secretary of Treasury, 335,
+      and why, 335, 336;
+    ineligible, 336;
+    on the "general order" system, 365.
+
+  Stewart, William M., Senator, 261, 262, 264, 265, 298, 339, 366.
+
+  Stockton, John P., elected Senator from N. J., 261, 262;
+    his election contested, 262-265;
+    unseated for partisan reasons, 265.
+
+  Storey, Wilbur F., and the Chicago _Times_, 206-208.
+
+  Stoughton, E. W., 411.
+
+  Stringfellow, J. H., quoted, 54.
+
+  Strong, Moses M., 208.
+
+  Stuart, John T., 32.
+
+  Sturtevant, J. M., quoted, 118.
+
+  Suffrage, in seceding states, restriction of, 294.
+
+  Summers, George W., 158, 159, 161, 162.
+
+  Sumner, Charles, his speech on Kansas affairs, 64;
+    Brooks's assault on, 65;
+    quoted, in T.'s debate with Douglas, 66;
+    and Cameron, 188, 189;
+    his view of status of seceding states, 231;
+    opposes recognition of new state government of La., 233,
+      and defeats it, 234;
+    attacks Johnson, 246, 247;
+    and the 14th Amendment, 283;
+    secures adoption of negro suffrage as permanent element of
+      reconstruction, 292 and _n._;
+    Northern views concerning, 293;
+    dispute with T. on Va. bill, 297;
+    T. opposes ousting of, from Foreign affairs Committee, 297, 344,
+      420;
+    his theory of impeachment, 312;
+    and Stanton, 321;
+    and the San Domingo treaty, 342;
+    charged with bad faith by Grant, 342, 343;
+    deposed as Chairman of Foreign affairs committee, 343-347;
+    Sherman's advice to, 345;
+    interview of author with, 347;
+    on attitude of Anthony, 347;
+    Motley's removal a blow at, 347;
+    moves his Equal Rights bill as amendment to Amnesty bill, 360;
+    and Grant's administration, 361;
+    his speech against Grant, 387, 388;
+    his attitude toward Greeley's nomination, 388;
+    chastised by Garrison, 388; 79, 102, 211, 228 _n._, 236, 260, 264,
+      278, 285, 287, 291, 298, 313, 363, 366, 367, 370, 371, 378, 385
+      _n._, 423, 424.
+
+  Sumter, Fort, J. Davis's views concerning, 110;
+    Buchanan's reported purpose to surrender, 112, 113;
+    effect on Douglas of attack on, 115;
+    Harvey divulges plans to send supplies to, 155_ ff._;
+    Seward determined to prevent relief of, 156, 157;
+    Lincoln's earlier promise to evacuate, 158 _ff._;
+    attack on, aroused forces that finally destroyed slavery, 164;
+    attack on, and emancipation, 222; 128, 129.
+
+  Sunderland, Rev. Byron, 121.
+
+  Supreme Court of U. S., and the second clause of 13th Amendment, 229;
+    construes 13th, 14th and 15th Amendments, in U. S. _v._ Harris, 275,
+      276, 358;
+    holds Ku-Klux Act unconstitutional, 275;
+    holds Equal Rights Act (1875) unconstitutional, 275, 276;
+      and the Civil Rights Act, 277;
+    divided decision of, in Milligan Case, 288, 289;
+    proposed legislation concerning, 328;
+    its jurisdiction as affected by Act of Mch. 27, 1868, 329, 330;
+    dismisses McCardle's appeal, 330;
+      and the Debs case, 414.
+
+  Surratt, Mary E., 289.
+
+  Swayne, Noah H., Justice Sup. Ct., 274, 289, 409.
+
+  Swett, Leonard, quoted, 428, 429; 69, 144.
+
+
+  Talcott, Wait, quoted, 118.
+
+  Tallmadge, James, Congressman, and the admission of Missouri, xxix,
+      xxx.
+
+  Tallmadge, N. P., 48.
+
+  Taney, Roger A., Chief Justice Sup. Ct., on the power to suspend
+      habeas corpus, 195, 196.
+
+  Tarr, Campbell, 161.
+
+  Taylor, John, of Caroline, xxii, _n._
+
+  Ten Eyck, John C., Senator, 262.
+
+  Tennessee, loyal state government in, recognized by Johnson, 237;
+    bill for readmission of, 285.
+
+  Tenure-of-Office bill, purpose of, 301;
+    not at first intended to apply to cabinet officers, 301;
+    passes Congress, 301;
+    cabinet advises veto of, 301;
+    vetoed, and passed over veto, 303;
+    and the Stanton case, 306, 309;
+    unconstitutionality of, alleged by Johnson's counsel, 311, 313.
+
+  Territorializing states, opinions of Johnson's advisers on question
+      of, 290, 291.
+
+  Terry, Alfred H., General, and the legislature of Va., 247.
+
+  Texas, opposition in Mass. & admission of, xxvi;
+    order for reconstruction of, 238;
+    fails to adopt new constitution promptly, 295;
+    new conditions imposed on, 296.
+
+  Thayer,Eli, 50.
+
+  Thomas, Jesse B., Senator, Author of Missouri Compromise, xxx.
+
+  Thomas, Lorenzo, appointed Secretary of War _ad interim_, 308;
+    Stanton refuses to give way to, 308;
+    his appointment the basis of certain articles of impeachment, 309,
+      310, 320, 321; 318, 319.
+
+  Thomas, Morris St. P., quoted, 21 _n._, 421.
+
+  Thomas, William B., 374.
+
+  Thompson, Jacob, Secretary of Interior, and the Lecompton
+      Constitution, 73.
+
+  Thompson, John B., quoted, 36.
+
+  Thurman, Allen G., Senator, 367.
+
+  Tilden, Samuel J., and the Election of 1876, 406, 407 _ff._;
+    T. of counsel for, in La. case, 409, 410;
+    Electoral Commission decides adversely to, 411;
+    legally elected, 411.
+
+  Tillson, John, quoted, 107.
+
+  Tipton, Thomas W., Senator, 300, 343, 344, 345, 346, 363, 371.
+
+  Tompkins, D. D., 179.
+
+  Toombs, Robert, Senator, 58, 83, 121.
+
+  Topeka Constitution, condemned by Buchanan and upheld by T., 76, 77.
+
+  Toucey, Isaac, 130.
+
+  Traveling in U. S., in 1847, 20.
+
+  Treat, Samuel H., Justice, 13, 20.
+
+  Truman, Benj. C, quoted, 245 _n._; 307 _n._
+
+  Trumbull, Julia (Jayne), T.'s first wife, letters of, to Walter T.,
+      121-123;
+    T.'s letters to, on Harvey dispatch, 15, 157, 158,
+      and on first battle of Bull Run, 165-167;
+    her personality, 169;
+    her death, 326.
+
+  TRUMBULL, LYMAN, birth (1813) and ancestry, 1-3;
+      education, 3;
+      school-teaching in Georgia, 4, 5;
+      reads law there, 5;
+      goes to Illinois (1837), and settles at Belleville, 5, 6;
+      practices law, 7 _ff._;
+      describes murder of Lovejoy, 8-10;
+      his early attitude toward slavery, 10;
+      in State legislature, 10;
+      his qualities as a debater, 10;
+      appointed Secretary of State, 11;
+      his resignation requested by Gov. Carlin, and why? 12 and _n._,
+        13;
+      his resignation splits the Democratic party, 13, 14;
+      resumes practice, 14;
+      marries Julia M. Jayne, 15;
+      describes river floods, and murder of Joseph Smith, 16;
+      family affairs, 16, 17, 19, 20;
+      candidate for Democratic nomination for governor, 18;
+      defeated by Ford's influence, 18;
+      nominated for Congress, and defeated (1846), 18, 19;
+      his professional earnings, 20;
+      elected Judge of Ill. Supreme Court (1848), 20;
+      removed to Alton, 21;
+      reelected judge (1852), but resigns (1853), 21;
+      Chief Justice Magruder on his judicial opinions, 21, 22.
+    Engaged as counsel for negroes, claiming their freedom, 28;
+      case of Sarah Borders, 28, 29;
+      in Jarrot _v._ Jarrot, wins a victory which practically puts an
+        end to slavery in Ill., 29;
+      N. D. Harris quoted on his efforts, 30, 31;
+      his return to politics due to repeal of Missouri Compromise, 32;
+      takes stump in opposition to Kansas-Nebraska bill, 37, 38;
+      Anti-Nebraska candidate for Congress in 8th district, 38,
+        and elected, 38;
+      in Senatorial election of 1854, receives votes of Anti-Nebraska
+        Democrats on early ballots, 43, 44;
+      elected by votes of Lincoln men, to defeat Gov. Matteson, 44, 45,
+        46 _n._;
+      regarded as a traitor by regular Democrats, 45;
+      Lincoln's attitude toward his election, 45, 46.
+    Takes his seat in Senate, 48;
+      protest against his election overruled, 48, 49;
+      letter from J. C. Underwood to, on Kansas affairs, 52, 53;
+      and from I. T. Dement, 53;
+      his speech on report of Committee on Territories endorsing
+        Pres. Pierce's view of Kansas affairs, 56 _ff._;
+      exposes Douglas's sophisms, 57, 58;
+      a welcome reinforcement to Republicans in Senate, 567;
+      Douglas declares him not a Democrat, 59;
+      his answer to Douglas's tirade against him, 60, 61;
+      Douglas's reply, 61, 62;
+      his construction of "forever" in the Missouri Compromise, 62, 63;
+      further debate with Douglas on Kansas, 63, 64;
+      effect of these debates on his reputation, 65;
+      his intellect and personality compared with Lincoln's, 65;
+      divers views of his first appearance in debate, quoted, 66, 67;
+      letter from G. B. Raum to, 67;
+      campaigns in Minnesota, 68;
+      attends Republican National Convention of 1856, 69;
+      colloquy with Mason, on destruction of the Union, 70;
+      letter of, to J. B. Turner, on conditions in 1857, 71;
+      divers reports to, on effect of Douglas's Anti-Lecompton stand,
+        74, 75;
+      demolishes Buchanan's message on Kansas affairs, 76, 77;
+      letters to, on possible alliance of Douglas with Republicans, 79,
+        80;
+      Democratic overtures to, 80, 81;
+      speaks on Buchanan's claim that slavery lawfully exists in Kansas,
+        81, 82;
+      letters to, from Lincoln and others, voicing Republican distrust
+        of Douglas in Ill., 87, 88,
+        and, generally, on the campaign of 1858, 90-92;
+      his cordial relations with Lincoln, 93;
+      takes part in debate on resolution for committee of inquiry into
+        John Brown's raid, 98-100;
+      his notable speech, 98, 99,
+        and Lincoln's praise thereof, 100;
+      letter from Lincoln on Delahay matter, 100, 101.
+
+    His view of candidates for Republican nomination in 1860, 103;
+      writes to Lincoln thereon, 103, 104;
+      thinks Seward cannot be elected, 104,
+        and believes McLean alone can beat him, 104;
+      Lincoln his first choice, 104;
+      Lincoln, in reply, avows his own ambition, and discusses other
+        candidates, 104, 105;
+      divers letters to, on Lincoln's nomination, 106-107;
+      post-nomination letters of Lincoln to, 108;
+      speaks for Lincoln at ratification meeting, 109, 110;
+      confidential letters of Lincoln to, against compromise, 111, 112,
+         and on Buchanan's reputed purpose to surrender So. Carolina
+           forts, 112;
+      his own views on compromise set forth in letter to E. C. Larned,
+        113, 114;
+      his speech on Crittenden Compromise (March 2, 1861), 115, 116, and
+        _n._, 123-138;
+      urged by constituents to stand firm, 117-119;
+      writes Gov. Yates, advising military preparations, 120;
+      declines to listen to "Compromisers" from N. Y., 122;
+      his troubles with office-seekers, 139;
+      in N. Y. meets remonstrants against Seward's inclusion in Cabinet,
+        and reports to Lincoln, 139, 140;
+      Lincoln's reply, 141;
+      Greeley's advice to, 141;
+      advises Lincoln not to appoint Cameron, 145, 146, 147;
+      is urged to use his influence to that end, 147, 148;
+      favors Judd for seat in Cabinet, 148, 149, 150;
+      reelected senator (Jan. 1861), 152;
+      announces death of Douglas, 152;
+      his eulogy of Douglas, 153, 154;
+      the Harvey dispatch to Gov. Pickens, commented on in letter to
+        Mrs. T., 155,156.
+
+    Witnesses first battle of Bull Run, and describes it in letter to
+      Mrs. T., 165-167;
+      his reconstructed telegram, 168;
+      his first Confiscation Act passed by Congress, 168;
+      his physical aspect, etc., in 1861, 168;
+      his family, 169;
+      letter of M. C. Lea to, on financial affairs, 170,
+        and his reply, 171;
+      brings in his second Confiscation Act, 173;
+      his report thereon, 173;
+      history of the bill in Congress, 173-176;
+      speaks on War Dep't. frauds, 184;
+      leads opposition to confirmation of Cameron's nomination as
+        minister to Russia, 187;
+      votes against confirmation, 189;
+      introduces resolution of inquiry concerning arbitrary arrests in
+        loyal states, 191, 192;
+      his colloquy with Dixon of Conn., 192, 193;
+      his resolution shelved, 194;
+      reports from Judiciary Committee House bill on same subject, 197;
+      offers substitute for that bill, which is opposed by Democrats,
+        but finally passed, 198, 199;
+      offers substitute for Stevens's bill to indemnify Pres. for
+        arbitrary arrests, 199;
+      reports from conference his substitute combined with his
+        habeas corpus bill, 200;
+      his report concurred in, after Democratic filibuster, 201, 202;
+      his speech at meeting of protest against the order forbidding the
+        publication of Chicago _Times_, 207, 208, 209;
+      letter of Judge White to, regarding certain dispatches of Seward
+        to Adams, 210, 211,
+        and his reply, 211, 212;
+      one of committee to urge Lincoln to get rid of Seward, 211;
+      divers letters to, relating to the war, 212, 213, 215, 216, 217;
+      and Delahay's appointment to a judgeship, 213-214;
+      letters of J. M. Palmer to, concerning the election of 1864, 214,
+        216;
+      first evidence of personal difference between Lincoln and, 217,
+        218;
+      deems the government inefficient in putting down the rebellion,
+        218;
+      falsely accused of refusing to speak in favor of Lincoln's
+        reelection, 220.
+
+    Reports to the Senate as a substitute for Henderson's proposed
+      Constitutional Amendment what later became the 13th Amendment,
+        224;
+      his speech thereon, 225-226;
+      his authorship thereof, his title to immortality, 230;
+      and the new Senators from La., 233;
+      reports resolution recognizing Hahn government of La., 233;
+      breaks temporarily with Sumner, 234;
+      letter of Shaffer to, on conditions in South, 242, 243,
+        and of Ray, on Reconstruction, 243;
+      his speech on postponement of Wilson bill invalidating certain
+        acts, etc., of seceding states, 248-251;
+      colloquy with Saulsbury, 250;
+      introduces Freedmen's Bureau and Civil Rights bills, 257;
+      speaks, in debate on the former, on construction of second clause
+        of 13th Amendment, 258-260;
+      colloquy with Henderson, 260;
+      letter from Ray, on negro suffrage, 261;
+      favors Stockton in N. J. election contest, 261 _ff._;
+      in debating his Amendment to Civil Rights bills, speaks again on
+        power of Congress to pass laws for ordinary administration of
+        justice in States, 265-267;
+      answered by Saulsbury, 267-268;
+      quotes Gaston as to citizenship of free negroes, 270;
+      his great speech in reply to Johnson's message vetoing Civil
+        Rights bill, 272;
+      the _Nation_, quoted, on his speech, 273;
+      his leading position in the campaign of 1866, 273;
+      opposed to Ku-Klux bill of 1871, 275, 356, 357, 358;
+      reelected Senator (1866), 277;
+      sustains Johnson until veto of Civil Rights bill, 277, 278;
+      letter of Mrs. F. C. Gary to, 278,
+        and his reply, 279;
+      not active in drawing 14th Amendment, 284 _n._;
+      his influence as against radical measures lessened by refusal of
+        Southern states to ratify 14th Amendment, 287;
+      on Stevens's Reconstruction bill, votes against Sumner's amendment
+        making negro suffrage a permanent condition of reconstruction,
+          292,
+        but supports bill with that amendment, 292;
+      at fault in so doing, 292;
+      votes to pass bill over veto, 294;
+      votes to pass supplementary registration of voters bill over veto,
+        294;
+      writing in Chicago _Advance_, denies power of Congress to regulate
+        suffrage in states, 294, 295;
+      reports bill for readmission of Va., but opposes amendments
+        applying new conditions, 296;
+      has a lively dispute with Sumner, 296, 297,
+        but supports him strongly in the later movement to oust him from
+          chairmanship of Com. on Foreign Relations, 297, 344, 420;
+      supports Bingham proviso to the Georgia bill, 298,
+         and makes a powerful speech thereon, 299;
+      the _Nation's_ high praise of the speech and its author, 299, 300;
+      votes for Tenure-of-Office bill, as amended, 302;
+      abused for his stand against conviction of Johnson, 313, 315, 323;
+      Spencer's threat, 315;
+      N. Y. _Evening Post_, Chicago _Tribune_, and _Nation_, quoted, as
+        to abuse of the "traitors," 314-317;
+      his written opinion on the case against Johnson, 318, 319;
+      J. F. Rhodes quoted on the action of the seven, 322;
+      his only reply to his vilifiers, 323, 324;
+      his eulogy of Fessenden, 324, 325;
+      death of Mrs. Trumbull, 326.
+
+    Retained for the War Dep't. in the matter of McCardle's petition for
+      habeas corpus, 327;
+      appears before Supreme Court, 327, 328;
+      votes to pass over veto the Act of March 27, 1868, which the
+        Supreme Court held to apply _ex post facto_ to McCardle case,
+          329, 330:
+      his action criticized, 330, 332;
+      his acceptance of counsel fees attacked by Chandler as being
+        connected with his vote on impeachment, 330, 331;
+      his defense, 331, 332;
+      the Chandler charge would not down, 332;
+      supports Vickers's amendment to 15th Amendment, 338,
+        and opposes Wilson's amendment, 339;
+      letter of Grenier to, on Republican corruption, 341;
+      offered English mission, 347;
+      his reason for declining, 348;
+      in speech at Chicago, discusses claims of U.S. against England,
+        349, and the urgent need of reform of the Civil service, 349,
+        350;
+      indorses Cox's stand, 349, 350;
+      casts only vote in Judiciary Committee in favor of Hoar's
+        confirmation as Supreme Court Justice, 350;
+      votes against tacking Sumner's Equal Rights bill to Amnesty bill,
+        359;
+      offers amendment for general investigation of public service to
+        Conkling's resolution concerning Hodge, 362;
+      his remarks thereon, 363;
+      not appointed on investigating committee, 366, 367;
+      not moved by personal hostility to Grant, 369;
+      interview with, in _Courier-Journal_ on his relations with Grant
+        (Dec. 1871). 369 and _n._, 370;
+      letter of S. Galloway to, on Grant, 371;
+      mentioned by Stanley Matthews as possible candidate of Liberal
+        Republicans, 372;
+      J. H. Bryant and others urge him to become a candidate, 375;
+      his replies somewhat non-committal, 375;
+      defends Mo. Liberal Republican platform as Republican doctrine,
+        376;
+      on civil service reform, 376;
+      letter of Palmer to, offering his support, 377;
+      in letter to author, gives qualified assent to use of his name,
+        378, 379;
+      letter of author to, on his candidacy, 379;
+      his strength impaired by division of vote of Ill. at Cincinnati,
+        380;
+      opinions of editors as to candidates, 381;
+      vote for, in the convention, 383, 384;
+      his supporters decide to support Greeley, 384;
+      letter of W. C. Bryant to, urging him not to support Greeley, 386,
+        and his reply, 386, 387;
+      how Greeley's nomination was brought about, 389, 390;
+      how Trumbull received the news, 390, 391;
+      takes active part in campaign, 394 _ff._;
+      his speech at Springfield, Ill., denouncing Republican corruption,
+        395-399;
+      his tribute to Greeley, 399;
+      if nominated, could have been elected, 402;
+      Adams, the stronger candidate, 402, 403;
+      his speech on La. election of 1872, his last speech in the Senate,
+        405, 406.
+
+    His official career ended by defeat of Greeley, 407;
+      defeated for reelection by Oglesby, 407;
+      resumes practice of law, 407;
+      one of the "visiting statesmen" sent to La. to watch canvass of
+        votes (1876), 409;
+      of counsel for Tilden before Electoral Commission, 409-411;
+      marries Mary Ingraham, 412;
+      Democratic candidate for governor of Ill. (1880), 412;
+      defeated by Cullom, 412;
+      entertains W. J. Bryan in 1893, 413;
+      inclined to free silver, 413;
+      his geniality, and vigor of mind and body, 413;
+      appears for Debs before Supreme Court, on petition for
+        habeas corpus, 414;
+      his speech in Chicago published as Populist campaign document,
+        414, 415;
+      no more radical than present-day "Progressive" doctrines, 415;
+      draws declaration of principles for Populist national conference,
+        415-417;
+      his death (June 5, 1896), 418;
+      Judge Moran quoted on his career, 419;
+      eminent as a political debater, well grounded in the law, 419,
+        420;
+      his character and talents reviewed and discussed, 419-422;
+      "a high-minded, kind-hearted, courteous gentleman, without
+        ostentation, and without guile," 421;
+      his place among the statesmen of his time discussed, 422;
+      his connection with the 13th Amendment, 422;
+      his opposition to arbitrary arrests unpopular, 422, 423;
+      his position as one of the "Seven Traitors" a proud one, 423;
+      change in his course on Reconstruction, 423, 424;
+      Medill quoted as to effect of vote in impeachment trial on his
+        future, 424, 425;
+      his partners quoted, as to his kindliness, 424;
+      Darrow on the "socialistic trend" of his opinions, 425;
+      letter of his daughter-in-law to author, 426;
+      his estimate of Lincoln's character and career, 426-430;
+      his views on religion, in letter to his mother, 430, 431;
+      his descendants, 431, 432.
+
+  Trumbull, Mary (Ingraham), T.'s second wife, 413, 432.
+
+  Trumbull, Walter, T.'s son, 18, 19, 121-123, 169, 425, 426, 431.
+
+  Trumbull family, the, 1, 2, 431, 432.
+
+  Turner, J. B., 71.
+
+  Turner, matter of, in Circuit Court of U.S., 274.
+
+
+  Underwood, John C, quoted, 52, 53.
+
+  Union Pacific R. R., 402.
+
+  United States _v._ Harris, 106 U. S., 275, 276, 358.
+
+  United States _v._ Rhodes (Circuit Court), 274.
+
+
+  Vagrancy law of Va., 247.
+
+  Vallandigham, Clement L., "the incarnation of Copperheadism," 203;
+    his speech of Jan. 14, 1863, 203, 204;
+    his arrest ordered by Burnside, 204;
+    tried by military commission, 204;
+    his sentence of imprisonment commuted to banishment to the South,
+      204;
+    all proceedings against, after arrest, illegal under habeas corpus
+      suspension act, 205;
+    nominated for governor of Ohio, but defeated, 206; 288.
+
+  Van Buren, John, 379.
+
+  Van Buren, Martin, xxi, 32, 37.
+
+  Van Tyne, C. H., _Letters of Daniel Webster_, xxiv _n._
+
+  Van Winkle, Peter G., Senator, on Civil Rights bill, 269; 261, 302,
+      314.
+
+  Van Wyck, Charles H., Congressman, 181, 182, 184.
+
+  Vermont, in convention of 1860, 106.
+
+  Vickers, George, Senator, 338.
+
+  Villard, Oswald G., _John Brown_, 52 _n._
+
+  Virginia, efforts to prevent secession of, 158 _ff._;
+    Lincoln's plan of reconstruction in, adopted by Johnson's Cabinet,
+      237;
+    Peirpoint recognized as Governor of, 237;
+    vagrancy law of, 247;
+    additional conditions imposed on readmission of, 296, 297.
+
+  Virginia Resolutions of 1798, xxiii.
+
+  "Visiting statesmen," and the contested election of 1876, 408, 409.
+
+
+  Wade, Benjamin F., Senator, opposed to Lincoln's renomination, 220;
+      102, 107, 108, 111, 150, 166, 233, 287, 332, 343.
+
+  Waite, Morrison R., Chief Justice Sup. Ct., 275.
+
+  Walker, Robert J., appointed governor of Kansas, 71;
+    and the Lecompton Convention, 71, 72;
+    denounces Cabinet conspiracy, 73;
+    resigns, 73; 81, 82.
+
+  Wall, James W., Senator, 200.
+
+  Wallace, Lew, General, attempts to usurp powers of Attorney-general
+      under Confiscation Act, 176, 177.
+
+  War Department, frauds in, 178 _ff._
+
+  War of 1812, xxiv.
+
+  Warren, Hooper, 27, 28.
+
+  Washburne, Elihu B., appointed Secretary of State, 333;
+    a strong partisan of Grant, 333;
+    his qualifications, 333;
+    terms of his appointment, 334;
+    resigns, 334; 45, 46, 168, 281, 304, 407.
+
+  Washington, Bushrod, xxxi.
+
+  Washington _Chronicle_, 300.
+
+  Washington, George, xxiii.
+
+  Washington, gathering of troops at, in Jan., 1861, 121, 122.
+
+  Watterson, Henry, 372, 373.
+
+  Wayland, Rev. Francis, xxxii.
+
+  Ways and Means, Committee of, 354.
+
+  Webster, Daniel, quoted, xxiv and _n._; xxii _n._, xxv _n._, xxvi,
+      xxvii, 27, 39, 125.
+
+  Weed, Thurlow, and Cameron's appointment, 143;
+    and the War Dep't. frauds, 179, 180; 108, 112, 139, 141, 146, 151,
+      181, 182; 184.
+
+  Welk, Jesse W., 101 _n._, 143 _n._
+
+  Welles, Gideon, quoted, on Cameron's appointment, 142, 144, 146, 151;
+    on the Harvey dispatch, 157, 158;
+    on Douglas's attitude in April, 1861, 163, 164;
+    on Cameron's emancipation hobby, 172 _n._;
+    on Cummings, 181 _n._;
+    on inefficiency of Union armies, 212;
+    on Halleck, 226;
+    on Cabinet meeting of Jan. 8, 1867, 290 _ff._;
+    opinion of, on question of territorializing states, 290;
+    on Stanton and the Tenure-of-Office Act, 303;
+    on Methodist pressure on Senator Willey, 319, 320;
+    on divers matters, 273 _n._, 313, 314, 324, 423.
+
+  Wells, David A., 353, 377, 379.
+
+  Wentworth, John, 90, 93.
+
+  Whigs, the, and the Kansas-Nebraska bill, 41.
+
+  White, Andrew D., 343.
+
+  White, Horace, and Lincoln's Peoria speech, 39;
+    his recollections of the Lincoln-Douglas campaign, 89,
+      quoted, 92;
+    impressions of John Brown, 97;
+    on Douglas's speech to Ill. legislature, 153;
+    his friendly relations with T., 168, 169, 413;
+    and the ousting of Sumner, 346, 347;
+    interview with Blaine, 354;
+    on the outlook at Cincinnati (1872), 378;
+    letter from T. to, and his reply, 379;
+    chairman of platform committee at Cincinnati, 382;
+    his view of the result, 385,
+      and of Greeley's nomination, 389, 390;
+    thinks Adams or T. could have been elected, 402, 403;
+    last meeting with T., 413.
+
+  Whitfield, pro-slavery Delegate in Congress from Kansas, 49, 50.
+
+  Whitney, Henry C, quoted, 143 _n._
+
+  Wigfall, Louis T., Senate, colloquy with T. in debate on Crittenden
+      Compromise, 129, 130; 133, 134.
+
+  Wilkinson, Morton S., Senator, 150, 189.
+
+  Willey, Waitman T., Senator, Methodist pressure on, in impeachment
+      trial, 317, 320;
+    votes "guilty," 320;
+    had agreed to vote "not guilty" if necessary, 321; 261, 302, 314.
+
+  Williams, Archibald, 45.
+
+  Williams, George H., Senator, 281, 298, 299, 328, 329.
+
+  Wilmot, David, Congressman, 146, 150.
+
+  Wilson, Henry, his speech on Kansas affairs, 65;
+    quoted on possible alliance of Douglas with Republicans, 79;
+    his resolution on suspension of habeas corpus, 190, 191;
+    opposes bill authorizing Pres. to suspend habeas corpus, 197;
+    his denunciation of Lincoln, 219;
+    brings in bill to nullify new labor laws in seceding states, 247,
+      248;
+    T.'s speech thereon, 248-251;
+    nominated for Vice-Pres., 393,
+      and elected, 402; 86, 87, 189, 194, 197, 198, 296, 298, 314, 315,
+        338, 344, 363.
+
+  Wilson, James F., Congressman, proposes amendment to Constitution,
+      prohibiting slavery, 223;
+    "slated" for State Dep't under Grant, 334 and _n._,
+      declines, 334;
+    his character, 335; 304, 309.
+
+  Wilson, James H., General, 337.
+
+  Wirt, William, 331.
+
+  Wood, John, 92.
+
+  Wool, John E., General, 178, 181.
+
+  World's Columbian Exposition, 412.
+
+  Wright, Silas, 91.
+
+  Wright, William, Senator, 261, 263, 264.
+
+
+  Yates, Richard, Governor, letter from, to T., 218;
+    letter from T. to, 120, 121; 107, 109, 111, 150, 197, 220.
+
+  Yulee, David L., Senator, 99.
+
+
+
+
+
+End of Project Gutenberg's The Life of Lyman Trumbull, by Horace White
+
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