The Peace Conference.—Demand for "a Little Bloodletting."—Plan proposed by the Conference.—Its Contemptuous Reception and Treatment in the United States Congress.—Failure of Last Efforts at Reconciliation and Reunion.—Note.—Speech of General Lane, of Oregon.
While the events which have just been occupying our attention were occurring, the last conspicuous effort was made within the Union to stay the tide of usurpation which was driving the Southern States into secession. This effort was set on foot by Virginia, the General Assembly of which State, on the 19th of January, 1861, adopted a preamble and resolutions, deprecating disunion, and inviting all such States as were willing to unite in an earnest endeavor to avert it by an adjustment of the then existing controversies to appoint commissioners to meet in Washington, on the 4th of February, "to consider, and, if practicable, agree upon some suitable adjustment." Ex-President John Tyler, and Messrs. William C. Rives, John W. Brockenbrugh, George W. Summers, and James A. Seddon—five of the most distinguished citizens of the State—were appointed to represent Virginia in the proposed conference. If they could agree with the Commissioners of other States upon any plan of settlement requiring amendments to the Federal Constitution, they were instructed to communicate them to Congress, with a view to their submission to the several States for ratification.
The "border States" in general promptly acceded to this proposition of Virginia, and others followed, so that in the "Peace Congress," or conference, which assembled, according to appointment, on the 4th, and adjourned on the 27th of February, twenty-one States were eventually represented, of which fourteen were Northern, or "non-slaveholding," and seven slaveholding States. The six States which had already seceded were of course not of the number represented; nor were Texas and Arkansas, the secession of which, although not consummated, was obviously inevitable. Three of the Northwestern States—Michigan, Wisconsin, and Minnesota—and the two Pacific States—Oregon and California—also held aloof from the conference. In the case of these last two, distance and lack of time perhaps hindered action. With regard to the other three, their reasons for declining to participate in the movement were not officially assigned, and are therefore only subjects for conjecture. Some remarkable revelations were afterward made, however, with regard to the action of one of them. It appears, from correspondence read in the Senate on the 27th of February, that the two Senators from Michigan had at first opposed the participation of that State in the conference, on the ground that it was, as one of them expressed it, "a step toward obtaining that concession which the imperious slave power so insolently demands."130—that is to say, in plain terms, they objected to it because it might lead to a compromise and pacification. Finding, however, that most of the other Northern States were represented—some of them by men of moderate and conciliatory temper—that writer had subsequently changed his mind, and at a late period of the session of the conference recommended the sending of delegations of "true, unflinching men," who would be "in favor of the Constitution as it is"—that is, who would oppose any amendment proposed in the interests of harmony and pacification.
The other Senator exhibits a similar alarm at the prospect of compromise and a concurrent change of opinion. He urges the sending of "stiff-backed" men, to thwart the threatened success of the friends of peace, and concludes with an expression of the humane and patriotic sentiment that "without a little bloodletting" the Union would not be "worth a rush."131 With such unworthy levity did these leaders of sectional strife express their exultation in the prospect of the conflict, which was to drench the land with blood and enshroud thousands of homes in mourning!
It is needless to follow the course of the deliberations of the Peace Conference. It included among its members many men of distinction and eminent ability, and some of unquestionable patriotism, from every part of the Union. The venerable John Tyler presided, and took an active and ardent interest in the efforts made to effect a settlement and avert the impending disasters. A plan was finally agreed upon by a majority of the States represented, for certain amendments to the Federal Constitution, which it was hoped might be acceptable to all parties and put an end to further contention. In its leading features this plan resembled that of Mr. Crittenden, heretofore spoken of, which was still pending in the Senate, though with some variations, which were regarded as less favorable to the South. It was reported immediately to both Houses of the United States Congress. In the Senate, Mr. Crittenden promptly expressed his willingness to accept it as a substitute for his own proposition, and eloquently urged its adoption. But the arrogance of a sectional majority inflated by recent triumph was too powerful to be allayed by the appeals of patriotism or the counsels of wisdom. The plan of the Peace Conference was treated by the majority with the contemptuous indifference shown to every other movement for conciliation. Its mere consideration was objected to by the extreme radicals, and, although they failed in this, it was defeated on a vote, as were the Crittenden propositions.
With the failure of these efforts, which occurred on the eve of the inauguration of Mr. Lincoln, and the accession to power of a party founded on a basis of sectional aggression, and now thoroughly committed to its prosecution and perpetuation, expired the last hopes of reconciliation and union.
Note.—In the course of the debate in the Senate on these grave propositions, a manly and eloquent speech was made on the 2d of March, 1861, by the Hon. Joseph Lane, a Senator from Oregon, who had been the candidate of the Democratic State-rights party for the Vice-Presidency of the United States, in the canvass of 1860. Some passages of this speech seem peculiarly appropriate for insertion here. General Lane was replying to a speech of Mr. Andrew Johnson, of Tennessee, afterward President of the United States:
"Mr. President, the Senator from Tennessee complains of my remarks on his speech. He complains of the tone and temper of what I said. He complains that I replied at all, as I was a Northern Senator. Mr. President, I am a citizen of this Union and a Senator of the United States. My residence is in the North, but I have never seen the day, and I never shall, when I will refuse justice as readily to the South as to the North. I know nothing but my country, the whole country, the Constitution, and the equality of the States—the equal right of every man in the common territory of the whole country; and by that I shall stand.
"The Senator complains that I replied at all, as I was a Northern Senator, and a Democrat whom he had supported at the last election for a high office. Now, I was, as I stated at the time, surprised at the Senator's speech, because I understood it to be for coercion, as I think it was understood by almost everybody else, except, as we are now told, by the Senator himself; and I still think it amounted to a coercion speech, notwithstanding the soft and plausible phrases by which he describes it—a speech for the execution of the laws and the protection of the Federal property. Sir, if there is, as I contend, the right of secession, then, whenever a State exercises that right, this Government has no laws in that State to execute, nor has it any property in any such State that can be protected by the power of this Government. In attempting, however, to substitute the smooth phrases 'executing the laws' and 'protecting public property' for coercion, for civil war, we have an important concession: that is, that this Government dare not go before the people with a plain avowal of its real purposes and of their consequences. No, sir; the policy is to inveigle the people of the North into civil war, by masking the design in smooth and ambiguous terms."—("Congressional Globe," second session, Thirty-sixth Congress, p. 1347.)
Footnote 130: (return)See letter of Hon. S. K. Bingham to Governor Blair, of Michigan, in "Congressional Globe," second session, Thirty-sixth Congress, Part II, p. 1247.
Footnote 131: (return)See "Congressional Globe," ut supra. As this letter, last referred to, is brief and characteristic of the temper of the typical so-called Republicans of the period, it may be inserted entire:
"Washington, February 11, 1861.
"My dear Governor: Governor Bingham and myself telegraphed you on Saturday, at the request of Massachusetts and New York, to send delegates to the Peace or Compromise Congress. They admit that we were right, and that they were wrong; that no Republican State should have sent delegates; but they are here, and can not get away; Ohio, Indiana, and Rhode Island are caving in, and there is danger of Illinois; and now they beg us, for God's sake, to come to their rescue, and save the Republican party from rupture. I hope you will send stiff-backed men, or none. The whole thing was gotten up against my judgment and advice, and will end in thin smoke. Still, I hope, as a matter of courtesy to some of our erring brethren, that you will send the delegates.
"Truly your friend,
"(Signed) Z. Chandler.
"His Excellency Austin Blair."
"P.S.—Some of the manufacturing States think that a fight would be awful. Without a little bloodletting, this Union will not, in my estimation, be worth a rush."
The reader should not fall into the mistake of imagining that the "erring brethren," toward whom a concession of courtesy is recommended by the writer of this letter, were the people of the seceding, or even of the border, States. It is evident from the context that he means the people of those so-called "Republican" States which had fallen into the error of taking part in a plan for peace, which might have averted the bloodletting recommended.
Northern Protests against Coercion.—The "New York Tribune," Albany "Argus," and "New York Herald."—Great Public Meeting in New York.—Speeches of Mr. Thayer, ex-Governor Seymour, ex-Chancellor Walworth, and Others.—The Press in February, 1861.—Mr. Lincoln's Inaugural.—The Marvelous Change or Suppression of Conservative Sentiment.—Historic Precedents.
It is a great mistake, or misstatement of fact, to assume that, at the period under consideration, the Southern States stood alone in the assertion of the principles which have been laid down in this work, with regard to the right of secession and the wrong of coercion. Down to the formation of the Confederate Government, the one was distinctly admitted, the other still more distinctly disavowed and repudiated, by many of the leaders of public opinion in the North of both parties—indeed, any purpose of direct coercion was disclaimed by nearly all. If presented at all, it was in the delusive and ambiguous guise of "the execution of the laws" and "protection of the public property."
The "New York Tribune"—the leading organ of the party which triumphed in the election of 1860—had said, soon after the result of that election was ascertained, with reference to secession: "We hold, with Jefferson, to the inalienable right of communities to alter or abolish forms of government that have become oppressive or injurious; and, if the cotton States shall decide that they can do better out of the Union than in it, we insist on letting them go in peace. The right to secede may be a revolutionary right, but it exists nevertheless; and we do not see how one party can have a right to do what another party has a right to prevent. We must ever resist the asserted right of any State to remain in the Union and nullify or defy the laws thereof: to withdraw from the Union is quite another matter. And, whenever a considerable section of our Union shall deliberately resolve to go out, we shall resist all coercive measures designed to keep her in. We hope never to live in a republic whereof one section is pinned to the residue by bayonets."132
The only liberty taken with this extract has been that of presenting certain parts of it in italics. Nothing that has ever been said by the author of this work, in the foregoing chapters, on the floor of the Senate, or elsewhere, more distinctly asserted the right of secession. Nothing that has been quoted from Hamilton, or Madison, or Marshall, or John Quincy Adams, more emphatically repudiates the claim of right to restrain or coerce a State in the exercise of its free choice. Nothing that has been said since the war which followed could furnish a more striking condemnation of its origin, prosecution, purposes, and results. A comparison of the sentiments above quoted, with the subsequent career of the party, of which that journal was and long had been the recognized organ, would exhibit a striking incongruity and inconsistency.
The "Tribune" was far from being singular among its Northern contemporaries in the entertainment of such views, as Mr. Greeley, its chief editor, has shown by many citations in his book, "The American Conflict." The Albany "Argus," about the same time, said, in language which Mr. Greeley characterizes as "clear and temperate": "We sympathize with and justify the South as far as this: their rights have been invaded to the extreme limit possible within the forms of the Constitution; and, beyond this limit, their feelings have been insulted and their interests and honor assailed by almost every possible form of denunciation and invective; and, if we deemed it certain that the real animus of the Republican party could be carried into the administration of the Federal Government, and become the permanent policy of the nation, we should think that all the instincts of self-preservation and of manhood rightfully impelled them to a resort to revolution and a separation from the Union, and we would applaud them and wish them godspeed in the adoption of such a remedy."
Again, the same paper said, a day or two afterward: "If South Carolina or any other State, through a convention of her people, shall formally separate herself from the Union, probably both the present and the next Executive will simply let her alone and quietly allow all the functions of the Federal Government within her limits to be suspended. Any other course would be madness; as it would at once enlist all the Southern States in the controversy and plunge the whole country into a civil war.... As a matter of policy and wisdom, therefore, independent of the question of right, we should deem resort to force most disastrous."
The "New York Herald"—a journal which claimed to be independent of all party influences—about the same period said: "Each State is organized as a complete government, holding the purse and wielding the sword, possessing the right to break the tie of the confederation as a nation might break a treaty, and to repel coercion as a nation might repel invasion.... Coercion, if it were possible, is out of the question."
On the 31st of January, 1861—after six States had already seceded—a great meeting was held in the city of New York, to consider the perilous condition of the country. At this meeting Mr. James S. Thayer, "an old-line Whig," made a speech, which was received with great applause. The following extracts from the published report of Mr. Thayer's speech will show the character of the views which then commanded the cordial approval of that metropolitan audience:
"We can at least, in an authoritative way and a practical manner, arrive at the basis of a peaceable separation. [Cheers.] We can at least by discussion enlighten, settle, and concentrate the public sentiment in the State of New York upon this question, and save it from that fearful current, which circuitously but certainly sweeps madly on, through the narrow gorge of 'the enforcement of the laws,' to the shoreless ocean of civil war! [Cheers.] Against this, under all circumstances, in every place and form, we must now and at all times oppose a resolute and unfaltering resistance. The public mind will bear the avowal, and let us make it—that, if a revolution of force is to begin, it shall be inaugurated at home. And if the incoming Administration shall attempt to carry out the line of policy that has been foreshadowed, we announce that, when the hand of Black Republicanism turns to blood-red, and seeks from the fragment of the Constitution to construct a scaffolding for coercion—another name for execution—we will reverse the order of the French Revolution, and save the blood of the people by making those who would inaugurate a reign of terror the first victims of a national guillotine!" [Enthusiastic applause.]
And again:
"It is announced that the Republican Administration will enforce the laws against and in all the seceding States. A nice discrimination must be exercised in the performance of this duty. You remember the story of William Tell.... Let an arrow winged by the Federal bow strike the heart of an American citizen, and who can number the avenging darts that will cloud the heavens in the conflict that will ensue? [Prolonged applause.] What, then, is the duty of the State of New York? What shall we say to our people when we come to meet this state of facts? That the Union must be preserved? But, if that can not be, what then? Peaceable separation. [Applause.] Painful and humiliating as it is, let us temper it with all we can of love and kindness, so that we may yet be left in a comparatively prosperous condition, in friendly relations with another Confederacy." [Cheers.]
At the same meeting ex-Governor Horatio Seymour asked the question—on which subsequent events have cast their own commentary—whether "successful coercion by the North is less revolutionary than successful secession by the South? Shall we prevent revolution [he added] by being foremost in over-throwing the principles of our Government, and all that makes it valuable to our people and distinguishes it among the nations of the earth?"
The venerable ex-Chancellor Walworth thus expressed himself:
"It would be as brutal, in my opinion, to send men to butcher our own brothers of the Southern States as it would be to massacre them in the Northern States. We are told, however, that it is our duty to, and we must, enforce the laws. But why—and what laws are to be enforced? There were laws that were to be enforced in the time of the American Revolution.... Did Lord Chatham go for enforcing those laws? No, he gloried in defense of the liberties of America. He made that memorable declaration in the British Parliament, 'If I were an American citizen, instead of being, as I am, an Englishman, I never would submit to such laws—never, never, never!'" [Prolonged applause.]
Other distinguished speakers expressed themselves in similar terms—varying somewhat in their estimate of the propriety of the secession of the Southern States, but all agreeing in emphatic and unqualified reprobation of the idea of coercion. A series of conciliatory resolutions was adopted, one of which declares that "civil war will not restore the Union, but will defeat for ever its reconstruction."
At a still later period—some time in the month of February—the "Free Press," a leading paper in Detroit, had the following:
"If there shall not be a change in the present seeming purpose to yield to no accommodation of the national difficulties, and if troops shall be raised in the North to march against the people of the South, a fire in the rear will be opened upon such troops, which will either stop their march altogether or wonderfully accelerate it."
The "Union," of Bangor, Maine, spoke no less decidedly to the same effect:
"The difficulties between the North and the South must be compromised, or the separation of the States shall be peaceable. If the Republican party refuse to go the full length of the Crittenden amendment—which is the very least the South can or ought to take—then, here in Maine, not a Democrat will be found who will raise his arm against his brethren of the South. From one end of the State to the other let the cry of the Democracy be, Compromise or Peaceable Separation!"
That these were not expressions of isolated or exceptional sentiment is evident from the fact that they were copied with approval by other Northern journals.
Mr. Lincoln, when delivering his inaugural address, on the 4th of March, 1861, had not so far lost all respect for the consecrated traditions of the founders of the Constitution and for the majesty of the principle of State sovereignty as openly to enunciate the claim of coercion. While arguing against the right to secede, and asserting his intention "to hold, occupy, and possess the property and places belonging to the Government, and collect the duties and imposts," he says that, "beyond what may be necessary for these objects, there will be no invasion, no using of force against or among the people anywhere," and appends to this declaration the following pledge:
"Where hostility to the United States shall be so great as to prevent competent resident citizens from holding the Federal offices, there will be no attempt to force obnoxious strangers among the people for that object. While the strict legal right may exist of the Government to enforce the exercise of these offices, the attempt to do so would be so irritating, and so nearly impracticable withal, that I deem it better to forego for the time the uses of such offices."
These extracts will serve to show that the people of the South were not without grounds for cherishing the hope, to which they so fondly clung, that the separation would, indeed, be as peaceable in fact as it was, on their part, in purpose; that the conservative and patriotic feeling still existing in the North would control the elements of sectional hatred and bloodthirsty fanaticism; and that there would be really "no war."
And here the ingenuous reader may very naturally ask, What became of all this feeling? How was it that, in the course of a few weeks, it had disappeared like a morning mist? Where was the host of men who had declared that an army marching to invade the Southern States should first pass over their dead bodies? No new question had arisen—no change in the attitude occupied by the seceding States—no cause for controversy not already existing when these utterances were made. And yet the sentiments which they expressed were so entirely swept away by the tide of reckless fury which soon afterward impelled an armed invasion of the South, that (with a few praiseworthy but powerless exceptions) scarcely a vestige of them was left. Not only were they obliterated, but seemingly forgotten.
I leave to others to offer, if they can, an explanation of this strange phenomenon. To the student of human nature, however, it may not seem altogether without precedent, when he remembers certain other instances on record of mutations in public sentiment equally sudden and extraordinary. Ten thousand swords that would have leaped from their scabbards—as the English statesman thought—to avenge even a look of insult to a lovely queen, hung idly in their places when she was led to the scaffold in the midst of the vilest taunts and execrations. The case that we have been considering was, perhaps, only an illustration of the general truth that, in times of revolutionary excitement, the higher and better elements are crushed and silenced by the lower and baser—not so much on account of their greater extent, as of their greater violence.
Footnote 132: (return)"New York Tribune" of November 9, 1860, quoted in "The American Conflict," vol. i, chap. xxiii, p. 359.
Temper of the Southern People indicated by the Action of the Confederate Congress.—The Permanent Constitution.—Modeled after the Federal Constitution.—Variations and Special Provisions.—Provisions with Regard to Slavery and the Slave-Trade.—A False Assertion refuted.—Excellence of the Constitution.—Admissions of Hostile or Impartial Criticism.
The conservative temper of the people of the Confederate States was conspicuously exhibited in the most important product of the early labors of their representatives in Congress assembled. The Provisional Constitution, although prepared only for temporary use, and necessarily in some haste, was so well adapted for the purposes which it was intended to serve, that many thought it would have been wise to continue it in force indefinitely, or at least until the independency of the Confederacy should be assured. The Congress, however, deeming it best that the system of Government should emanate from the people, accordingly, on the 11th of March, prepared the permanent Constitution, which was submitted to and ratified by the people of the respective States.
Of this Constitution—which may be found in an appendix,133 side by side with the Constitution of the United States—the Hon. Alexander H. Stephens, who was one of its authors, very properly says:
"The whole document utterly negatives the idea, which so many have been active in endeavoring to put in the enduring form of history, that the Convention at Montgomery was nothing but a set of 'conspirators,' whose object was the overthrow of the principles of the Constitution of the United States, and the erection of a great 'slavery oligarchy,' instead of the free institutions thereby secured and guaranteed. This work of the Montgomery Convention, with that of the Constitution for a Provisional Government, will ever remain, not only as a monument of the wisdom, forecast, and statesmanship of the men who constituted it, but an everlasting refutation of the charges which have been brought against them. These works together show clearly that their only leading object was to sustain, uphold, and perpetuate the fundamental principles of the Constitution of the United States."134
The Constitution of the United States was the model followed throughout, with only such changes as experience suggested for better practical working or for greater perspicuity. The preamble to both instruments is the same in substance, and very nearly identical in language. The words "We, the people of the United States," in one, are replaced by "We, the people of the Confederate States," in the other; and the gross perversion which has been made of the former expression is precluded in the latter merely by the addition of the explanatory clause, "each State acting in its sovereign and independent character"—an explanation which, at the time of the formation of the Constitution of the United States, would have been deemed entirely superfluous.
The official term of the President was fixed at six instead of four years, and it was provided that he should not be eligible for reëlection. This was in accordance with the original draft of the Constitution of 1787.135
The President was empowered to remove officers of his Cabinet, or those engaged in the diplomatic service, at his discretion, but in all other cases removal from office could be made only for cause, and the cause was to be reported to the Senate.136
Congress was authorized to provide by law for the admission of "the principal officer in each of the executive departments" (or Cabinet officers) to a seat upon the floor of either House, with the privilege of taking part in the discussion of subjects pertaining to his department.137 This wise and judicious provision, which would have tended to obviate much delay and misunderstanding, was, however, never put into execution by the necessary legislation.
Protective duties for the benefit of special branches of industry, which had been so fruitful a source of trouble under the Government of the United States, were altogether prohibited.138 So, also, were bounties from the Treasury,139 and extra compensation for services rendered by officers, contractors, or employees, of any description.140
A vote of two thirds of each House was requisite for the appropriation of money from the Treasury, unless asked for by the chief of a department and submitted to Congress by the President, or for payment of the expenses of Congress, or of claims against the Confederacy judicially established and declared.141 The President was also authorized to approve any one appropriation and disapprove any other in the same bill.142
With regard to the impeachment of Federal officers, it was intrusted, as formerly, to the discretion of the House of Representatives, with the additional provision, however, that, in the case of any judicial or other officer exercising his functions solely within the limits of a particular State, impeachment might be made by the Legislature of such State—the trial in all cases to be by the Senate of the Confederate States.143
Any two or more States were authorized to enter into compacts with each other for the improvement of the navigation of rivers flowing between or through them.144 A vote of two thirds of each House—the Senate voting by States—was required for the admission of a new State.145
With regard to amendments of the Constitution, it was made obligatory upon Congress, on the demand of any three States, concurring in the proposed amendment or amendments, to summon a convention of all the States to consider and act upon them, voting by States, but restricted in its action to the particular propositions thus submitted. If approved by such convention, the amendments were to be subject to final ratification by two thirds of the States.146
Other changes or modifications, worthy of special notice, related to internal improvements, bankruptcy laws, duties on exports, suits in the Federal courts, and the government of the Territories.147
With regard to slavery and the slave-trade, the provisions of this Constitution furnish an effectual answer to the assertion, so often made, that the Confederacy was founded on slavery, that slavery was its "corner-stone," etc. Property in slaves, already existing, was recognized and guaranteed, just as it was by the Constitution of the United States; and the rights of such property in the common Territories were protected against any such hostile discrimination as had been attempted in the Union. But the "extension of slavery," in the only practical sense of that phrase, was more distinctly and effectually precluded by the Confederate than by the Federal Constitution. This will be manifest on a comparison of the provisions of the two relative to the slave-trade. These are found at the beginning of the ninth section of the first article of each instrument. The Constitution of the United States has the following:
"The migration or importation of such persons as any of the States now existing shall think proper to admit, shall not be prohibited by the Congress prior to the year one thousand eight hundred and eight; but a tax or duty may be imposed on such importations, not exceeding ten dollars for each person."
The Confederate Constitution, on the other hand, ordained as follows:
"1. The importation of negroes of the African race from any foreign country, other than the slaveholding States or Territories of the United States of America, is hereby forbidden; and Congress is required to pass such laws as shall effectually prevent the same.
"2. Congress shall also have the power to prohibit the introduction of slaves from any state not a member of, or Territory not belonging to, this Confederacy."
In the case of the United States, the only prohibition is against any interference by Congress with the slave-trade for a term of years, and it was further legitimized by the authority given to impose a duty upon it. The term of years, it is true, had long since expired, but there was still no prohibition of the trade by the Constitution; it was after 1808 entirely within the discretion of Congress either to encourage, tolerate, or prohibit it.
Under the Confederate Constitution, on the contrary, the African slave-trade was "hereby forbidden," positively and unconditionally, from the beginning. Neither the Confederate Government nor that of any of the States could permit it, and the Congress was expressly "required" to enforce the prohibition. The only discretion in the matter intrusted to the Congress was, whether or not to permit the introduction of slaves from any of the United States or their Territories.
Mr. Lincoln, in his inaugural address, had said: "I have no purpose, directly or indirectly, to interfere with the institution of slavery in the States where it exists. I believe I have no lawful right to do so, and I have no inclination to do so." Now, if there was no purpose on the part of the Government of the United States to interfere with the institution of slavery within its already existing limits—a proposition which permitted its propagation within those limits by natural increase—and inasmuch as the Confederate Constitution precluded any other than the same natural increase, we may plainly perceive the disingenuousness and absurdity of the pretension by which a factitious sympathy has been obtained in certain quarters for the war upon the South, on the ground that it was a war in behalf of freedom against slavery.148 I had no direct part in the preparation of the Confederate Constitution. No consideration of delicacy forbids me, therefore, to say, in closing this brief review of that instrument, that it was a model of wise, temperate, and liberal statesmanship. Intelligent criticism, from hostile as well as friendly sources, has been compelled to admit its excellences, and has sustained the judgment of a popular Northern journal which said, a few days after it was adopted and published:
"The new Constitution is the Constitution of the United States with various modifications and some very important and most desirable improvements. We are free to say that the invaluable reforms enumerated should be adopted by the United States, with or without a reunion of the seceded States, and as soon as possible. But why not accept them with the propositions of the Confederate States on slavery as a basis of reunion?"149
Footnote 147: (return)Article I, section 8, ¶¶ 1 and 4, section 9, ¶ 6; Article III, section 2, ¶ 1; Article IV, section 3, ¶ 3.
Footnote 148: (return)As late as the 22d of April, 1861, Mr. Seward, United States Secretary of State, in a dispatch to Mr. Dayton, Minister to France, since made public, expressed the views and purposes of the United States Government in the premises as follows. It may be proper to explain that, by what he is pleased to term "the revolution," Mr. Seward means the withdrawal of the Southern States; and that the words italicized are, perhaps, not so distinguished in the original. He says: "The Territories will remain in all respects the same, whether the revolution shall succeed or shall fail. The condition of slavery in the several States will remain just the same, whether it succeed or fail. There is not even a pretext for the complaint that the disaffected States are to be conquered by the United States if the revolution fails; for the rights of the States and the condition of every being in them will remain subject to exactly the same laws and forms of administration, whether the revolution shall succeed or whether it shall fail. In the one case, the States would be federally connected with the new Confederacy; in the other, they would, as now, be members of the United States; but their Constitutions and laws, customs, habits, and institutions, in either ease, will remain the same."
The Commission to Washington City.—Arrival of Mr. Crawford.—Mr. Buchanan's Alarm.—Note of the Commissioners to the New Administration.—Mediation of Justices Nelson and Campbell.—The Difficulty about Forts Sumter and Pickens.—Mr. Secretary Seward's Assurances.—Duplicity of the Government at Washington.—Mr. Fox's Visit to Charleston.—Secret Preparations for Coercive Measures.—Visit of Mr. Lamon.—Renewed Assurances of Good Faith.—Notification to Governor Pickens.—Developments of Secret History.—Systematic and Complicated Perfidy exposed.
The appointment of Commissioners to proceed to Washington, for the purpose of establishing friendly relations with the United States and effecting an equitable settlement of all questions relating to the common property of the States and the public debt, has already been mentioned. No time was lost in carrying this purpose into execution. Mr. Crawford—first of the Commissioners—left Montgomery on or about the 27th of February, and arrived in Washington two or three days before the expiration of Mr. Buchanan's term of office as President of the United States. Besides his official credentials, he bore the following letter to the President, of a personal or semi-official character, intended to facilitate, if possible, the speedy accomplishment of the objects of his mission:
"To the President of the United States.
"Sir: Being animated by an earnest desire to unite and bind together our respective countries by friendly ties, I have appointed Martin J. Crawford, one of our most esteemed and trustworthy citizens, as special Commissioner of the Confederate States to the Government of the United States; and I have now the honor to introduce him to you, and to ask for him a reception and treatment corresponding to his station, and to the purposes for which he is sent.
"Those purposes he will more particularly explain to you. Hoping that through his agency these may be accomplished, I avail myself of this occasion to offer to you the assurance of my distinguished consideration.
(Signed) "Jefferson Davis."
"Montgomery, February 27, 1861."
It may here be mentioned, in explanation of my desire that the commission, or at least a part of it, should reach Washington before the close of Mr. Buchanan's term, that I had received an intimation from him, through a distinguished Senator of one of the border States,150 that he would be happy to receive a Commissioner or Commissioners from the Confederate States, and would refer to the Senate any communication that might be made through such a commission.
Mr. Crawford—now a Judge of the Supreme Court of Georgia, and the only surviving member of the commission—in a manuscript account, which he has kindly furnished, of his recollections of events connected with it, says that, on arriving in Washington at the early hour of half-past four o'clock in the morning, he was "surprised to see Pennsylvania Avenue, from the old National to Willard's Hotel, crowded with men hurrying, some toward the former, but most of the faces in the direction of the latter, where the new President [Mr. Lincoln, President-elect], the great political almoner, for the time being, had taken up his lodgings. At this point," continues Judge Crawford, "the crowd swelled to astonishing numbers of expectant and hopeful men, awaiting an opportunity, either to see Mr. Lincoln himself, or to communicate with him through some one who might be so fortunate as to have access to his presence."
Describing his reception in the Federal capital, Judge Crawford says:
"The feverish and emotional condition of affairs soon made the presence of the special Commissioner at Washington known throughout the city. Congress was still, of course, in session; Senators and members of the House of Representatives, excepting those of the Confederate States, who had withdrawn, were in their seats, and the manifestations of anxious care and gloomy forebodings were plainly to be seen on all sides. This was not confined to sections, but existed among the men of the North and West as well as those of the South....
"Mr. Buchanan, the President, was in a state of most thorough alarm, not only for his home at Wheatland, but for his personal safety.151 In the very few days which had elapsed between the time of his promise to receive a Commissioner from the Confederate States and the actual arrival of the Commissioner, he had become so fearfully panic-stricken, that he declined either to receive him or to send any message to the Senate touching the subject-matter of his mission.
"The Commissioner had been for several years in Congress before the Administration of Mr. Buchanan, as well as during his official term, and had always been in close political and social relations with him; yet he was afraid of a public visit from him. He said that he had only three days of official life left, and could incur no further dangers or reproaches than those he had already borne from the press and public speakers of the North.
"The intensity of the prevalent feeling increased as the vast crowds, arriving by every train, added fresh material; and hatred and hostility toward our new Government were manifested in almost every conceivable manner."
Another of the Commissioners (Mr. Forsyth) having arrived in Washington on the 12th of March—eight days after the inauguration of Mr. Lincoln—the two Commissioners then present, Messrs. Forsyth and Crawford, addressed to Mr. Seward, Secretary of State, a note informing him of their presence, stating the friendly and peaceful purposes of their mission, and requesting the appointment of a day, as early as possible, for the presentation to the President of the United States of their credentials and the objects which they had in view. This letter will be found in the Appendix,152 with other correspondence which ensued, published soon after the events to which it relates. The attention of the reader is specially invited to these documents, but, as additional revelations have been made since they were first published, it will be proper, in order to a full understanding of the transactions to which they refer, to give here a brief statement of the facts.
No written answer to the note of the Commissioners was delivered to them for twenty-seven days after it was written. The paper of Mr. Seward, in reply, without signature or address, dated March 15th,153 was "filed," as he states, on that day, in the Department of State, but a copy of it was not handed to the Commissioners until the 8th of April. But an oral answer had been made to the note of the Commissioners at a much earlier date, for the significance of which it will be necessary to bear in mind the condition of affairs at Charleston and Pensacola.
Fort Sumter was still occupied by the garrison under command of Major Anderson, with no material change in the circumstances since the failure of the attempt made in January to reënforce it by means of the Star of the West. This standing menace at the gates of the chief harbor of South Carolina had been tolerated by the government and people of that State, and afterward by the Confederate authorities, in the abiding hope that it would be removed without compelling a collision of forces. Fort Pickens, on one side of the entrance to the harbor of Pensacola, was also occupied by a garrison of United States troops, while the two forts (Barrancas and McRee) on the other side were in possession of the Confederates. Communication by sea was not entirely precluded, however, in the case of Fort Pickens; the garrison had been strengthened, and a fleet of Federal men-of-war was lying outside of the harbor. The condition of affairs at these forts—especially at Fort Sumter—was a subject of anxiety with the friends of peace, and the hope of settling by negotiation the questions involved in their occupation had been one of the most urgent motives for the prompt dispatch of the Commissioners to Washington.
The letter of the Commissioners to Mr. Seward was written, as we have seen, on the 12th of March. The oral message, above mentioned, was obtained and communicated to the Commissioners through the agency of two Judges of the Supreme Court of the United States—Justices Nelson, of New York, and Campbell, of Alabama. On the 15th of March, according to the statement of Judge Campbell,154 Mr. Justice Nelson visited the Secretaries of State and of the Treasury and the Attorney-General (Messrs. Seward, Chase, and Bates), to dissuade them from undertaking to put in execution any policy of coercion. "During the term of the Supreme Court he had very carefully examined the laws of the United States to enable him to attain his conclusions, and from time to time he had consulted the Chief Justice [Taney] upon the questions which his examination had suggested. His conclusion was that, without very serious violations of Constitution and statutes, coercion could not be successfully effected by the executive department. I had made [continues Judge Campbell] a similar examination, and I concurred in his conclusions and opinions. As he was returning from his visit to the State Department, we casually met, and he informed me of what he had done. He said he had spoken to these officers at large; that he was received with respect and listened to with attention by all, with approbation by the Attorney-General, and with great cordiality by the Secretary of State; that the Secretary had expressed gratification to find so many impediments to the disturbance of peace, and only wished there had been more. He stated that the Secretary told him there was a present cause of embarrassment: that the Southern Commissioners had demanded recognition, and a refusal would lead to irritation and excitement in the Southern States, and would cause a counter-irritation and excitement in the Northern States, prejudicial to a peaceful adjustment. Justice Nelson suggested that I might be of service."
The result of the interview between these two distinguished gentlemen, we are informed, was another visit, by both of them, to the State Department, for the purpose of urging Mr. Seward to reply to the Commissioners, and assure them of the desire of the United States Government for a friendly adjustment. Mr. Seward seems to have objected to an immediate recognition of the Commissioners, on the ground that the state of public sentiment in the North would not sustain it, in connection with the withdrawal of the troops from Fort Sumter, which had been determined on. "The evacuation of Sumter," he said, "is as much as the Administration can bear."
Judge Campbell adds: "I concurred in the conclusion that the evacuation of Sumter involved responsibility, and stated that there could not be too much caution in the adoption of measures so as not to shock or to irritate the public sentiment, and that the evacuation of Sumter was sufficient for the present in that direction. I stated that I would see the Commissioners, and I would write to Mr. Davis to that effect. I asked him what I should say as to Sumter and as to Pickens. He authorized me to say that, before that letter could reach him [Mr. Davis], he would learn by telegraph that the order for the evacuation of Sumter had been made. He said the condition of Pickens was satisfactory, and there would be no change made there." The italics in this extract are my own.
The letter in which this promise was communicated to me has been lost, but it was given in substantially the terms above stated as authorized by Mr. Seward—that the order for the evacuation of the fort would be issued before the letter could reach me. The same assurance was given, on the same day, to the Commissioners. Judge Campbell tells us that Mr. Crawford was slow to consent to refrain from pressing the demand for recognition. "It was only after some discussion and the expression of some objections that he consented" to do so. This consent was clearly one part of a stipulation, of which the other part was the pledge that the fort would be evacuated in the course of a few days. Mr. Crawford required the pledge of Mr. Seward to be reduced to writing, with Judge Campbell's personal assurance of its genuineness and accuracy.155 This written statement was exhibited to Judge Nelson, before its delivery, and approved by him. The fact that the pledge had been given in his name and behalf was communicated to Mr. Seward the same evening by letter. He was cognizant of, consenting to, and in great part the author of, the whole transaction.
It will be observed that not only the Commissioners in Washington, but the Confederate Government at Montgomery also, were thus assured on the highest authority—that of the Secretary of State of the United States, the official organ of communication of the views and purposes of his Government—of the intention of that Government to order the evacuation of Fort Sumter within a few days from the 15th of March, and not to disturb the existing status at Fort Pickens. Moreover, this was not the mere statement of a fact, but a pledge, given as the consideration of an appeal to the Confederate Government and its Commissioners to refrain from embarrassing the Federal Administration by prosecuting any further claims at the same time. As such a pledge, it was accepted, and, while its fulfillment was quietly awaited, the Commissioners forbore to make any further demand for reply to their note of the 12th of March.
Five days having elapsed in this condition of affairs, the Commissioners in Washington telegraphed Brigadier-General Beauregard, commander of the Confederate forces at Charleston, inquiring whether the fort had been evacuated, or any action taken by Major Anderson indicating the probability of an evacuation. Answer was made to this dispatch, that the fort had not been evacuated, that there were no indications of such a purpose, but that Major Anderson was still working on its defenses. This dispatch was taken to Mr. Seward by Judge Campbell. Two interviews occurred in relation to it, at both of which Judge Nelson was also present. Of the result of these interviews, Judge Campbell states: "The last was full and satisfactory. The Secretary was buoyant and sanguine; he spoke of his ability to carry through his policy with confidence. He accounted for the delay as accidental, and not involving the integrity of his assurance that the evacuation would take place, and that I should know whenever any change was made in the resolution in reference to Sumter or to Pickens. I repeated this assurance in writing to Judge Crawford, and informed Governor Seward in writing what I had said."156
It would be incredible, but for the ample proofs which have since been brought to light, that, during all this period of reiterated assurances of a purpose to withdraw the garrison from Fort Sumter, and of excuses for delay on account of the difficulties which embarrassed it, the Government of the United States was assiduously engaged in devising means for furnishing supplies and reënforcements to the garrison, with the view of retaining possession of the fort!
Mr. G. V. Fox, afterward Assistant Secretary of the United States Navy, had proposed a plan for reënforcing and furnishing supplies to the garrison of Fort Sumter in February, during the Administration of Mr. Buchanan. In a letter published in the newspapers since the war, he gives an account of the manner in which the proposition was renewed to the new Administration and its reception by them, as follows:
"On the 12th of March I received a telegram from Postmaster-General Blair to come to Washington. I arrived there on the 13th. Mr. Blair having been acquainted with the proposition I presented to General Scott, under Mr. Buchanan's Administration, sent for me to tender the same to Mr. Lincoln, informing me that Lieutenant-General Scott had advised the President that the fort could not be relieved, and must be given up. Mr. Blair took me at once to the White House, and I explained the plan to the President. Thence we adjourned to Lieutenant-General Scott's office, where a renewed discussion of the subject took place. The General informed the President that my plan was practicable in February, but that the increased number of batteries erected at the mouth of the harbor since that time rendered it impossible in March.
"Finding that there was great opposition to any attempt at relieving Fort Sumter, and that Mr. Blair alone sustained the President in his policy of refusing to yield, I judged that my arguments in favor of the practicability of sending in supplies would be strengthened by a visit to Charleston and the fort. The President readily agreed to my visit, if the Secretary of War and General Scott raised no objection.
"Both these gentlemen consenting, I left Washington on the 19th of March, and, passing through Richmond and Wilmington, reached Charleston on the 21st."
Thus we see that, at the very moment when Mr. Secretary Seward was renewing to the Confederate Government, through Judge Campbell, his positive assurance that "the evacuation would take place," this emissary was on his way to Charleston to obtain information and devise measures by means of which this promise might be broken.
On his arrival in Charleston, Mr. Fox tells us that he sought an interview with Captain Hartstein, of the Confederate Navy, and through this officer obtained from Governor Pickens permission to visit Fort Sumter. He fails, in his narrative, to state what we learn from Governor Pickens himself,157 that this permission was obtained "expressly upon the pledge of 'pacific purposes.'" Notwithstanding this pledge, he employed the opportunity afforded by his visit to mature the details of his plan for furnishing supplies and reënforcements to the garrison. He did not, he says, communicate his plan or purposes to Major Anderson, the commanding officer of the garrison, having discernment enough, perhaps, to divine that the instincts of that brave and honest soldier would have revolted at and rebuked the duplicity and perfidy of the whole transaction. The result of his visit was, however, reported at Washington, his plan was approved by President Lincoln, and he was sent to New York to make arrangements for putting it in execution.
"In a very few days after" (says Governor Pickens, in the message already quoted above), "another confidential agent, Colonel Lamon, was sent by the President [Mr. Lincoln], who informed me that he had come to try and arrange for the removal of the garrison, and, when he returned from the fort, asked if a war-vessel could not be allowed to remove them. I replied that no war-vessel could be allowed to enter the harbor on any terms. He said he believed Major Anderson preferred an ordinary steamer, and I agreed that the garrison might be thus removed. He said he hoped to return in a very few days for that purpose."
This, it will be remembered, occurred while Mr. Fox was making active, though secret, preparations for his relief expedition.
Colonel, or Major, Lamon, as he is variously styled in the correspondence, did not return to Charleston, as promised. About the 30th of March (which was Saturday) a telegram from Governor Pickens was received by the Commissioners in Washington, making inquiry with regard to Colonel Lamon, and the meaning of the protracted delay to fulfill the promise of evacuation. This was fifteen days after the original assurance of Mr. Seward that the garrison would be withdrawn immediately, and ten days after his explanation that the delay was "accidental." The dispatch of Governor Pickens was taken by Judge Campbell to Mr. Seward, who appointed the ensuing Monday (1st of April) for an interview and answer. At that interview Mr. Seward informed Judge Campbell that "the President was concerned about the contents of the telegram—there was a point of honor involved; that Lamon had no agency from him, nor title to speak."158 (This late suggestion of the point of honor would seem, under the circumstances, to have been made in a spirit of sarcastic pleasantry, like Sir John Falstaff's celebrated discourse on the same subject.) The only substantial result of the conversation, however, was the written assurance of Mr. Seward, to be communicated to the Commissioners, that "the Government will not undertake to supply Fort Sumter without giving notice to Governor Pickens."
This, it will be observed, was a very material variation from the positive pledge previously given, and reiterated, to the Commissioners, to Governor Pickens, and to myself directly, that the fort was to be forthwith evacuated. Judge Campbell, in his account of the interview, says: "I asked him [Mr. Seward] whether I was to understand that there had been a change in his former communications. His answer was, 'None.'"159
About the close of the same week (the first in April), the patience of the Commissioners having now been wellnigh exhausted, and the hostile preparations of the Government of the United States, notwithstanding the secrecy with which they were conducted, having become matter of general rumor, a letter was addressed to Mr. Seward, upon the subject, by Judge Campbell, in behalf of the Commissioners, again asking whether the assurances so often given were well or ill founded. To this the Secretary returned answer in writing: "Faith as to Sumter fully kept. Wait and see."
This was on the 7th of April.160 The very next day (the 8th) the following official notification (without date or signature) was read to Governor Pickens, of South Carolina, and General Beauregard, in Charleston, by Mr. Chew, an official of the State Department (Mr. Seward's) in Washington, who said—as did a Captain or Lieutenant Talbot, who accompanied him—that it was from the President of the United States, and delivered by him to Mr. Chew on the 6th—the day before Mr. Seward's assurance of "faith fully kept."
"I am directed by the President of the United States to notify you to expect an attempt will be made to supply Fort Sumter with provisions only; and that, if such an attempt be not resisted, no effort to throw in men, arms, or ammunition, will be made, without further notice, or in case of an attack upon the fort."161
Thus disappeared the last vestige of the plighted faith and pacific pledges of the Federal Government.
In order fully to appreciate the significance of this communication, and of the time and circumstances of its delivery, it must be borne in mind that the naval expedition which had been secretly in preparation for some time at New York, under direction of Captain Fox, was now ready to sail, and might reasonably be expected to be at Charleston almost immediately after the notification was delivered to Governor Pickens, and before preparation could be made to receive it. Owing to cross-purposes or misunderstandings in the Washington Cabinet, however, and then to the delay caused by a severe storm at sea, this expectation was disappointed, and the Confederate commander at Charleston had opportunity to communicate with Montgomery and receive instructions for his guidance, before the arrival of the fleet, which had been intended to be a surprise.
In publications made since the war by members of Mr. Lincoln's Cabinet, it has been represented that, during the period of the disgraceful transactions above detailed, there were dissensions and divisions in the Cabinet—certain members of it urging measures of prompt and decided coercion; the Secretary of State favoring a pacific or at least a dilatory policy; and the President vacillating for a time between the two, but eventually adopting the views of the coercionists. In these statements it is represented that the assurances and pledges, given by Mr. Seward to the Confederate Government and its Commissioners, were given on his own authority, and without the consent or approval of the President of the United States. The absurdity of any such attempt to disassociate the action of the President from that of his Secretary, and to relieve the former of responsibility for the conduct of the latter, is too evident to require argument or comment. It is impossible to believe that, during this whole period of nearly a month, Mr. Lincoln was ignorant of the communications that were passing between the Confederate Commissioners and Mr. Seward, through the distinguished member of the Supreme Court—still holding his seat as such—who was acting as intermediary. On one occasion, Judge Campbell informs us that the Secretary, in the midst of an important interview, excused himself for the purpose of conferring with the President before giving a final answer, and left his visitor for some time, awaiting his return from that conference, when the answer was given, avowedly and directly proceeding from the President.
If, however, it were possible to suppose that Mr. Seward was acting on his own responsibility, and practicing a deception upon his own chief, as well as upon the Confederate authorities, in the pledges which he made to the latter, it is nevertheless certain that the principal facts were brought to light within a few days after the close of the efforts at negotiation. Yet the Secretary of State was not impeached and brought to trial for the grave offense of undertaking to conduct the most momentous and vital transactions that had been or could be brought before the Government of the United States, without the knowledge and in opposition to the will of the President, and for having involved the Government in dishonor, if not in disaster. He was not even dismissed from office, but continued to be the chief officer of the Cabinet and confidential adviser of the President, as he was afterward of the ensuing Administration, occupying that station during two consecutive terms. No disavowal of his action, no apology nor explanation, was ever made. Politically and legally, the President is unquestionably responsible in all cases for the action of any member of his Cabinet, and in this case it is as preposterous to attempt to dissever from him the moral, as it would be impossible to relieve him of the legal, responsibility that rests upon the Government of the United States for the systematic series of frauds perpetrated by its authority.
On the other hand, Mr. Seward, throughout the whole negotiation, was fully informed of the views of his colleagues in the Cabinet and of the President. Whatever his real hopes or purposes may have been in the beginning, it is positively certain that long before the end, and while still reiterating his assurances that the garrison would be withdrawn, he knew that it had been determined, and that active preparations were in progress, to strengthen it.
Mr. Gideon Welles, who was Secretary of the Navy in Mr. Lincoln's Cabinet, gives the following account of one of the transactions of the period:
"One evening in the latter part of the month of March, there was a small gathering at the Executive Mansion, while the Sumter question was still pending. The members of the Cabinet were soon individually and quietly invited to the council-chamber, where, as soon as assembled, the President informed them he had just been advised by General Scott that it was expedient to evacuate Fort Pickens, as well as Fort Sumter, which last was assumed at military headquarters to be a determined fact, in conformity with the views of Secretary Seward and the General-in-Chief....
"A brief silence followed the announcement of the amazing recommendation of General Scott, when Mr. Blair, who had been much annoyed by the vacillating course of the General-in-Chief in regard to Sumter, remarked, looking earnestly at Mr. Seward, that it was evident the old General was playing politician in regard to both Sumter and Pickens; for it was not possible, if there was a defense, for the rebels to take Pickens; and the Administration would not be justified if it listened to his advice and evacuated either. Very soon thereafter, I think at the next Cabinet meeting, the President announced his decision that supplies should be sent to Sumter, and issued confidential orders to that effect. All were gratified with this decision, except Mr. Seward, who still remonstrated, but preparations were immediately commenced to fit out an expedition to forward supplies."162