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diff --git a/38043-h/38043-h.htm b/38043-h/38043-h.htm new file mode 100644 index 0000000..4e11a77 --- /dev/null +++ b/38043-h/38043-h.htm @@ -0,0 +1,20828 @@ +<!DOCTYPE html PUBLIC "-//W3C//DTD XHTML 1.1//EN" "http://www.w3.org/TR/xhtml11/DTD/xhtml11.dtd"> + +<html xmlns="http://www.w3.org/1999/xhtml"> + +<head> + + <meta http-equiv="Content-Type" content="text/html;charset=iso-8859-1" /> + <meta http-equiv="Content-Style-Type" content="text/css" /> + + <title> + The Project Gutenberg eBook of The Life Of Lyman Trumbull, by Horace White. + </title> + + <style type="text/css"> + + blockquote { + text-align:justify; + } + + body { + margin-left:10%; + margin-right:10%; + } + + .booktitle { + letter-spacing:3px; + } + + .center { + text-align:center; + font-weight:bold; + } + + div.center { + text-align:center; + } + + div.center table { + margin-left:auto; + margin-right:auto; + text-align:left; + } + + .figcenter { + padding:1em; + text-align:center; + font-size:0.8em; + border:none; + margin:auto; + text-indent:1em; + } + + .footnote { + font-size:0.9em; + margin-right:10%; + margin-left:10%; + } + + .footnote .label { + position:absolute; + right:84%; + text-align:right; + } + + .footnotes { + border:dashed 1px; + } + + .fnanchor { + vertical-align:super; + font-size:.8em; + text-decoration: + none; + } + + .h1 { + font-size:2em; + margin:.67em 0; + } + + .h1, .h2, .h3, .h4, .h5, .h6 { + font-weight:bolder; + text-align:center; + text-indent:0; + } + + h1, h2, h3, h4, h5, h6 { + text-align:center; + } + + .h2 { + font-size:1.5em; + margin:.75em 0; + } + + .h3 { + font-size:1.17em; + margin:.83em 0; + } + + .h4 { + margin:1.12em 0 ; + } + + .h5 { + font-size:.83em; + margin:1.5em 0 ; + } + + h5 { + margin-bottom:1%; + margin-top:1%; + } + + .h6 { + font-size:.75em; + margin:1.67em 0; + } + + hr.chap { + margin-top:6em; + margin-bottom:4em; + } + + hr.tb { + margin:2em 25%; + width:50%; + } + + hr.thin { + margin-right:84%; + margin-top:1em; + margin-bottom:1em; + width:16%; + } + + p { + text-align:justify; + margin-top:.75em; + margin-bottom:.75em; + text-indent:0; + } + + p.caption { + text-indent:0; + text-align:center; + font-weight:bold; + margin-bottom:2em; + } + + p.hang { + margin-left:2em; + text-indent:-2em; + } + + p.index { + margin-top:1em; + margin-bottom:0; + margin-left:0; + padding-left:1em; + text-indent:-1em; + } + + p.index1 { + margin-top:0; + margin-bottom:0; + margin-left:1em; + padding-left:1em; + text-indent:-1em; + } + + p.index2 { + margin-top:0; + margin-bottom:0; + margin-left:2em; + padding-left:1em; + text-indent:-1em; + } + + p.index3 { + margin-top:0; + margin-bottom:0; + margin-left:3em; + padding-left:1em; + text-indent:-1em; + } + + p.right { + text-align:right; + } + + p.spacer { + margin-top:2em; + margin-bottom:3em; + } + + .pagenum { +/* visibility:hidden; remove comment out to hide page numbers */ + position:absolute; + right:2%; + font-size:75%; + color:gray; + background-color:inherit; + text-align:right; + text-indent:0; + font-style:normal; + font-weight:normal; + font-variant:normal; + } + + .smcap { + font-variant:small-caps; + } + + span.right { + margin-right:-3em; + float:right + } + + .tdl { + text-align:left; + } + + .tdr { + text-align:right; + padding-right:1em; + } + + </style> + +</head> + +<body> + + +<pre> + +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.) + + + + + + +</pre> + + +<p class="h1">THE LIFE OF LYMAN TRUMBULL</p> + +<p class="spacer"> </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"> </p> + +<div class="figcenter"> +<img src="images/005-logo.jpg" width="80" height="112" alt="" /> +</div> + +<p class="spacer"> </p> + +<p class="h5">BOSTON AND NEW YORK<br /> +HOUGHTON MIFFLIN COMPANY<br /> +The Riverside Press Cambridge<br /> +1913</p> + +<p class="spacer"> </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—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. +<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—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<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—Disruption +of political parties—Trumbull announces himself a candidate for +<span class="pagenum"><a id="Page_x">[x]</a></span>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<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—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<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—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<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—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 +<span class="pagenum"><a id="Page_xi">[xi]</a></span> +Ferry—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—SECESSION</p> + +<p class="hang">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<span class="right">102</span></p> + +<p class="h4"><a href="#CHAPTER_VIII">CHAPTER VIII</a></p> + +<p class="h4">CABINET-MAKING—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—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<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—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 +<span class="pagenum"><a id="Page_xii">[xii]</a></span>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<span class="right">155</span></p> + +<p class="h4"><a href="#CHAPTER_X">CHAPTER X</a></p> + +<p class="h4">BULL RUN—THE CONFISCATION ACT</p> + +<p class="hang">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<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—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 +<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>—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 <i>Times</i>—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—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<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—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 +<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—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<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—Written +by George Bancroft—Eulogy of the New York <i>Nation</i>—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<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—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 +<span class="pagenum"><a id="Page_xv">[xv]</a></span>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<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—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<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—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<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—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 <i>ad interim</i>—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 +<span class="pagenum"><a id="Page_xvi">[xvi]</a></span>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<span class="right">301</span></p> + +<p class="h4"><a href="#CHAPTER_XXI">CHAPTER XXI</a></p> + +<p class="h4">THE McCARDLE CASE—GRANT'S CABINET—THE FIFTEENTH AMENDMENT</p> + +<p class="hang">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 <i>ad interim</i>, 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<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—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<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—Its leaders—Enfranchisement +of the ex-Confederates, civil service reform, and reve<span class="pagenum"><a id="Page_xvii">[xvii]</a></span>nue +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<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—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<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—Prompt and favorable response in Ohio and other +states—Coöperation of leading Democrats—Springfield <i>Republican</i>, +Cincinnati <i>Commercial</i>, and Chicago <i>Tribune</i>, 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<span class="pagenum"><a id="Page_xviii">[xviii]</a></span>—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<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—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<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—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<span class="pagenum"><a id="Page_xix">[xix]</a></span> +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<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—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<span class="right">418</span></p> + +<p class="hang"><span class="smcap"><a href="#INDEX">Index</a></span> <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—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—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—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—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—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,—if slaves had any rights +which white men were bound to respect,—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,—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 "États Unis" in the <i>Encylopédie</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 Cœlum," 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—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—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 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 +<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>,—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—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 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.</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 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.</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 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.</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 coöperation. 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—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.<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 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 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—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"> </td><td class="tdr">—</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 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<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"> </td><td class="tdr">—</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—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.</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:— +</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—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 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<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—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.—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;—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.</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,—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.<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—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—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"—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.<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—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 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.</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 Frémont), 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 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.</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 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:</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 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.<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,—"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<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>à 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 +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:</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 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.</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—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 ——. 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>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 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.<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—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—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."</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.;—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—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—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—if we can do that—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—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 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.</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—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—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 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.</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 Frémont, 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,—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.</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—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—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<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 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.</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—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.</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—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.</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—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° 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° 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° 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—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 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"—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—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—</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—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.</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° 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.</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—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—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—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.</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—and +which is far better than to submit to degradation<span class="pagenum"><a id="Page_137">[137]</a></span>—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—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—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"—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—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 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.</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. Frémont. If this advice had been followed, +and Frémont 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—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:</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 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....</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—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<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—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 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.</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—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,"—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—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—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.<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—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—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. 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,<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. 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 <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 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 <i>men</i> and not to <i>principles</i>, +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 <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. 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.</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—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 +Frémont and found him guilty. Two months later he +followed Frémont'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>pièce de résistance</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 & 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.<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"—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 protégé of his, and an +occupant of his law office. He operated through General +Frémont, 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:—</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—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 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.<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 & 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—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 rôle 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 Cyclopædia, 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—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—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—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 manœuvring, 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 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<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—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 +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.</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 reëlection <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 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.</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. 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.<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 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 +<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 & 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 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."</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,—nerve and pluck all gone,—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.—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 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.</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—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 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<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—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 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.</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—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—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—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,—that of +compulsion,—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,—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—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—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—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,—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—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.</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>reënslave 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 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.<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—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,—and there are many others,—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—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:</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—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.</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—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.<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 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:</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—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 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.</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,—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<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 coördinate 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"—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 +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.</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,—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—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, 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>—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.</p> + +<p>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!"</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 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.<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>mélange</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—men like Trumbull, Sherman, Fessenden, Grimes, +Howe, Henderson, Frelinghuysen, Fowler, and others—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 coöperate 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 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:</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 reëlec<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—GRANT'S CABINET—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—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—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 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.</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"—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"—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—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—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.</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—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—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 reënfranchisement 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 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."</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"—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—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—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 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.<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—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:</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—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":</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,—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<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 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.</p> + +<p>And why not?</p> + +<p>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.</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 coöperation 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 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.</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.—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—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—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—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"> </td><td class="tdr"> </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"> </td><td class="tdr"> </td><td class="tdr"> </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"> </td><td class="tdr"> </td><td class="tdr"> </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"> </td><td class="tdr"> </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"> </td><td class="tdr"> </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—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>,—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—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.)</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.—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,—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.</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—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—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,—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,—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—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<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—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....</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 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.</p></blockquote> + +<p>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<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—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 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<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 +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.</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 rôle. 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—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 & 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.</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—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 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.</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—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—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.<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"> </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"> </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 Frémont'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 Frémont, <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 Crédit-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 Crédit-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">Crédit-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 reëlection, <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 reëlection 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">Frémont, 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 Crédit-Mobilier scandal, <a href="#Page_401">401</a>;</p> +<p class="index1">reëlected, <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">reëlects 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. reëlected 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 Frémont 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 Frémont'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 reëlection, <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 reëlection, <a href="#Page_220">220</a>, <a href="#Page_221">221</a>;</p> +<p class="index1">reëlected 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 reëlection, <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 reëlection 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 Frémont 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 Frémont, <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. & 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">reëlected 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">reëlected 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 reëlection, <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">reëlected 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 reëlection 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> + + + + + +End of Project Gutenberg's The Life of Lyman Trumbull, by Horace White + +*** END OF THIS PROJECT GUTENBERG EBOOK THE LIFE OF LYMAN TRUMBULL *** + +***** This file should be named 38043-h.htm or 38043-h.zip ***** +This and all associated files of various formats will be found in: + http://www.gutenberg.org/3/8/0/4/38043/ + +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.) + + +Updated editions will replace the previous one--the old editions +will be renamed. + +Creating the works from public domain print editions means that no +one owns a United States copyright in these works, so the Foundation +(and you!) can copy and distribute it in the United States without +permission and without paying copyright royalties. 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