"But no Slave shall be entitled to his or her Freedom under this Amendment if resident at the time it takes effect in any State, the laws of which forbid Free Negroes to reside therein, until removed from such State by the Government of the United States."
This also was rejected. Whereupon Mr. Powell moved to add, at the end of the first Section, the words:
"No Slave shall be Emancipated by this Article unless the owner thereof shall be first paid the value of the Slave or Slaves so Emancipated."
This likewise was rejected, on a yea and nay vote, by 2 yeas (Davis and Powell) to 34 nays; when Mr. Davis moved another amendment, viz.: to add at the end of Section 2 of the proposed Article, the following:
"And when this Amendment of the Constitution shall have taken effect by Freeing the Slaves, Congress shall provide for the distribution and settlement of all the population of African descent in the United States among the several States and Territories thereof, in proportion to the White population of each State and Territory to the aggregate population of those of African descent."
This met a like fate; whereupon the Senate adjourned, but, on the following day, the matter came up again for consideration:
Hale, of New Hampshire, jubilantly declared that "this is a day that I and many others have long wished for, long hoped for, long striven for. * * * A day when the Nation is to commence its real life; or, if it is not the day, it is the dawning of the day; the day is near at hand * * * when the American People are to wake up to the meaning of the sublime truths which their fathers uttered years ago, and which have slumbered, dead-letters, upon the pages of our Constitution, of our Declaration of Independence, and of our history."
McDougall, of California, on the other hand,—utterly regardless of the grandly patriotic resolutions of the Legislature of his State, which had just been presented to the Senate by his colleague—lugubriously declared:
"In my judgment, it may well be said of us:
for in the history of no Free People, since the time the Persians came down upon Athens, have I known as melancholy a period as this day and year of Our Lord in our history; and if we can, by the blessing of God and by His favor, rise above it, it will be by His special providence, and by no act of ours."
The obstructive tactics were now resumed, Mr. Powell leading off by a motion to amend, by adding to the Judiciary Committee's proposed Thirteenth Article of the Constitution, the following:
"ART. 14.—The President and Vice-President shall hold their Offices for the term of four—[Which he subsequently modified to: 'six years']—years. The person who has filled the Office of President shall not be reeligible."
This amendment was rejected by 12 yeas to 32 nays; whereupon Mr. Powell moved to add to the Committee's Proposition another new Article, as follows:
"ART. 14.—The principal Officer in each of the Executive Departments, and all persons connected with the Diplomatic Service, may be removed from office at the pleasure of the President. All other officers of the Executive Departments may be removed at any time by the President or other appointing power when their services are unnecessary, or for dishonesty, incapacity, inefficiency, misconduct, or neglect of duty, and when so removed, the removal shall be reported to the Senate, together with the reasons therefor."
This amendment also being rejected, Mr. Powell offered another, which was to add a separate Article as follows:
"ART. 14.—Every law, or Resolution having the force of law, shall relate to but one subject, and that shall be expressed in its title."
This also being rejected—the negative vote being, as in other cases, without reference to the merits of the proposition—and Mr. Powell having now apparently exhausted his obstructive amendatory talents, Mr. Davis came to the aid of his Kentucky colleague by moving an amendment, to come in as an additional Article, being a new plan of Presidential election designed to do away with the quadrennial Presidential campaign before the People by giving to each State the right to nominate one candidate, and leaving it to a Convention of both Houses of Congress—and, in case of disagreement, to the Supreme Court of the United States —to elect a President and a Vice-President.
The rejection of this proposition apparently exhausted the stock of possible amendments possessed by the Democratic opposition, and the Joint Resolution, precisely as it came from the Judiciary Committee, having been agreed to by that body, "as in Committee of the Whole," was now, April 6th, reported to the Senate for its concurrence.
On the following day, Mr. Hendricks uttered a lengthy jeremiad on the War, and its lamentable results; intimated that along the Mississippi, the Negroes, freed by the advance of our invading Armies and Navies, instead of being happy and industrious, were without protection or provision and almost without clothing, while at least 200,000 of them had prematurely perished, and that such was the fate reserved for the 4,000,000 Negroes if liberated; and declared he would not vote for the Resolution, "because," said he, "the times are not auspicious."
Very different indeed was the attitude of Mr. Henderson, of Missouri, Border-State man though he was. In the course of a speech, of much power, which he opened with an allusion to the 115,000 Slaves owned in his State in 1860—as showing how deeply interested Missouri "must be in the pending proposition"—the Senator announced that: "Our great interest, as lovers of the Union, is in the preservation and perpetuation of the Union." He declared himself a Slaveholder, yet none the less desired the adoption of this Thirteenth Article of Amendment, for, said he: "We cannot save the Institution if we would. We ought not if we could. * * * If it were a blessing, I, for one, would be defending it to the last. It is a curse, and not a blessing. Therefore let it go. * * * Let the iniquity be cast away!"
It was about this time that a remarkable letter written by Mr. Lincoln to a Kentuckian, on the subject of Emancipation, appeared in print. It is interesting as being not alone the President's own statement of his views, from the beginning, as to Slavery, and how he came to be "driven" to issue the Proclamation of Emancipation, and as showing how the Union Cause had gained by its issue, but also in disclosing, indirectly, how incessantly the subject was revolved in his own mind, and urged by him upon the minds of others. The publication of the letter, moreover, was not without its effect on the ultimate action of the Congress and the States in adopting the Thirteenth Amendment. It ran thus:
"EXECUTIVE MANSION.
"WASHINGTON, April 4, 1864.
"A. G. HODGES, Esq., Frankfort, Ky.
"MY DEAR SIR: You ask me to put in writing the substance of—what I verbally said the other day, in your presence, to Governor Bramlette and Senator Dixon. It was about as follows:
"I am naturally anti-Slavery. If Slavery is not wrong, nothing is wrong. I cannot remember when I did not so think and feel, and yet I have never understood that the 'Presidency conferred upon me an unrestricted right to act officially upon this judgment and feeling.
"It was in the oath I took, that I would to the best of my ability preserve, protect, and defend the Constitution of the United States. I could not take the Office without taking the oath. Nor was it my view that I might take an oath to get power, and break the oath in using the power.
"I understood, too, that in ordinary and Civil Administration this oath even forbade me to practically indulge my primary abstract judgment on the moral question of Slavery. I had publicly declared this many times, and in many ways.
"And I aver that, to this day, I have done no Official act in mere deference to my abstract judgment and feeling on Slavery.
"I did understand, however, that my oath to preserve the Constitution to the best of my ability, imposed upon me the duty of preserving by every indispensable means, that Government—that Nation, of which that Constitution was the Organic Law.
"Was it possible to lose the Nation and yet preserve the Constitution?
"By General Law, life and limb must be protected; yet often a limb must be amputated to save a life; but a life is never wisely given to save a limb. I felt that measures, otherwise Unconstitutional, might become lawful, by becoming Indispensable to the Constitution through the preservation of the Nation.
"Right or wrong, I assumed this ground, and now avow it. I could not feel that, to the best of my ability, I have even tried to preserve the Constitution, if, to save Slavery, or any minor matter, I should permit the wreck of Government, Country, and Constitution, altogether.
"When, early in the War, General Fremont attempted Military Emancipation, I forbade it, because I did not then think it an Indispensable Necessity.
"When, a little later, General Cameron, then Secretary of War, suggested the Arming of the Blacks, I objected, because I did not yet think it an Indispensable Necessity.
"When, still later, General Hunter attempted Military Emancipation, I again forbade it, because I did not yet think the Indispensable Necessity had come.
"When in March, and May, and July, 1862, I made earnest and successive appeals to the Border-States to favor compensated Emancipation, I believed the Indispensable Necessity for Military Emancipation and arming the Blacks would come, unless averted by that measure.
"They declined the proposition, and I was, in my best judgment, driven to the alternative of either surrendering the Union, and with it, the Constitution, or of laying strong hand upon the Colored element. I chose the latter. In choosing it, I hoped for greater gain than loss, but of this I was not entirely confident.
"More than a year of trial now shows no loss by it in our Foreign Relations, none in our home popular sentiment, none in our white Military force, no loss by it anyhow, or anywhere. On the contrary, it shows a gain of quite a hundred and thirty thousand soldiers, seamen, and laborers.
"These are palpable facts, about which, as facts, there can be no cavilling. We have the men; and we could not have had them without the measure.
"And now let any Union man who complains of this measure, test himself by writing down in one line, that he is for subduing the Rebellion by force of arms; and in the next, that he is for taking one hundred and thirty thousand men from the Union side, and placing them where they would be best for the measure he condemns. If he cannot face his case so stated, it is only because he cannot face the truth.
"I add a word which was not in the verbal conversation. In telling this tale, I attempt no compliment to my own sagacity. I claim not to have controlled events, but confess plainly that events have controlled me. Now at the end of three years' struggle, the Nation's condition is not what either Party, or any man, devised or expected. God alone can claim it.
"Whither it is tending seems plain. If God now wills the removal of a
great wrong, and wills also that we of the North, as well as you of the
South, shall pay fairly for our complicity in that wrong, impartial
history will find therein new causes to attest and revere the Justice
and goodness of God.
"Yours truly,
"A. LINCOLN."
The 8th of April (1864) turned out to be the decisive field-day in the Senate. Sumner endeavored to close the debate on that day in a speech remarkable no less for its power and eloquence of statement, its strength of Constitutional exposition, and its abounding evidences of extensive historical research and varied learning, than for its patriotic fervor and devotion to human Freedom.
Toward the end of that great speech, however, he somewhat weakened its force by suggesting a change in the phraseology of the proposed Thirteenth Amendment, so that, instead of almost precisely following the language of the Jeffersonian Ordinance of 1787, as recommended by the Judiciary Committee of the Senate, it should read thus:
"All Persons are Equal before the Law, so that no person can hold another as a Slave; and the Congress may make all laws necessary and proper to carry this Article into effect everywhere within the United States and the jurisdiction thereof."
Mr. Sumner's idea in antagonizing the Judiciary Committee's proposition with this, was to introduce into our Organic Act, distinctive words asserting the "Equality before the Law" of all persons, as expressed in the Constitutional Charters of Belgium, Italy and Greece, as well as in the various Constitutions of France—beginning with that of September, 1791, which declared (Art. 1) that "Men are born and continue Free and Equal in Rights;" continuing in that of June, 1793, which declares that "All Men are Equal by Nature and before the Law:" in that of June, 1814, which declares that "Frenchmen are Equal before the Law, whatever may be otherwise their title and ranks;" and in the Constitutional Charter of August, 1830 in similar terms to the last.
"But," said he, "while desirous of seeing the great rule of Freedom which we are about to ordain, embodied in a text which shall be like the precious casket to the more precious treasure, yet * * * I am consoled by the thought that the most homely text containing such a rule will be more beautiful far than any words of poetry or eloquence, and that it will endure to be read with gratitude when the rising dome of this Capitol, with the Statue of Liberty which surmounts it, has crumbled to dust."
Mr. Sumner's great speech, however, by no means ended the debate. It brought Mr. Powell to his feet with a long and elaborate contention against the general proposition, in the course of which he took occasion to sneer at Sumner's "most remarkable effort," as one of his "long illogical rhapsodies on Slavery, like:
'—a Tale Told by an Idiot, full of sound and fury, Signifying nothing.'"
He professed that he wanted "the Union to be restored with the Constitution as it is;" that he verily believed the passage of this Amendment would be "the most effective Disunion measure that could be passed by Congress"—and, said he, "As a lover of the Union I oppose it."
[This phrase slightly altered, in words, but not in meaning, to "The Union as it was, and the Constitution as it is," afterward became the Shibboleth under which the Democratic Party in the Presidential Campaign of 1864, marched to defeat.]
He endeavored to impute the blame for the War, to the northern Abolitionists, for, said he: "Had there been no Abolitionists, North, there never would have been a Fire-eater, South,"—apparently ignoring the palpable fact that had there been no Slavery in the South, there could have been no "Abolitionists, North."
He heatedly denounced the "fanatical gentlemen" who desired the passage of this measure; declared they intended by its passage "to destroy the Institution of Slavery or to destroy the Union," and exclaimed: "Pass this Amendment and you make an impassable chasm, as if you were to put a lake of burning fire, between the adhering States and those who are out. You will then have to make it a War of conquest and extermination before you can ever bring them back under the flag of the Government. There is no doubt about that proposition."
Mr. Sumner, at this point, withdrew his proposed amendment, at the suggestion of Mr. Howard, who expressed a preference "to dismiss all reference to French Constitutions and French Codes, and go back to the good old Anglo-Saxon language employed by our Fathers, in the Ordinance of 1787, (in) an expression adjudicated upon repeatedly, which is perfectly well understood both by the public and by Judicial Tribunals—a phrase, which is peculiarly near and dear to the people of the Northwestern Territory, from whose soil Slavery was excluded by it."
[The following is the language of "the Ordinance of 1787" thus referred to:
"ART. 6.—There shall be neither Slavery nor Involuntary Servitude in the said Territory, otherwise than in the punishment of crimes, whereof the party shall have been duly convicted: * * *."]
Mr. Davis thereupon made another opposition speech and, at its conclusion, Mr. Saulsbury offered, as a substitute, an Article, comprising no less than twenty sections—that, he said, "embodied in them some things" which "did not meet his personal approbation," but he had consented to offer them to the Senate as "a Compromise"—as "a Peace offering."
The Saulsbury substitute being voted down, the debate closed with a speech by Mr. McDougall—an eloquent protest from his standpoint, in which, after endorsing the wild statement of Mr. Hendricks that 250,000 of the people of African descent had been prematurely destroyed on the Mississippi, he continued.
"This policy will ingulf them. It is as simple a truth as has ever been taught by any history. The Slaves of ancient time were not the Slaves of a different Race. The Romans compelled the Gaul and the Celt, brought them to their own Country, and some of them became great poets, and some eloquent orators, and some accomplished wits, and they became citizens of the Republic of Greece, and of the Republic of Rome, and of the Empire.
"This is not the condition of these persons with whom we are now associated, and about whose affairs we undertake to establish administration. They can never commingle with us. It may not be within the reading of some learned Senators, and yet it belongs to demonstrated Science, that the African race and the European are different; and I here now say it as a fact established by science, that the eighth generation of the Mixed race formed by the union of the African and European, cannot continue their species. Quadroons have few children; with Octoroons reproduction is impossible.
"It establishes as a law of nature that the African has no proper relation to the European, Caucasian, blood. I would have them kindly treated. * * * Against all such policy and all such conduct I shall protest as a man, in the name of humanity, and of law, and of truth, and of religion."
The amendment made, as in Committee of the Whole, having been concurred in, etc., the Joint Resolution, as originally reported by the Judiciary Committee, was at last passed, (April 8th)—by a vote of 38 yeas to 6 nays—Messrs. Hendricks and McDougall having the unenviable distinction of being the only two Senators, (mis-)representing Free States, who voted against this definitive Charter of American Liberty.
[The full Senate vote, on passing the Thirteenth Amendment, was:
YEAS—Messrs. Anthony, Brown, Chandler, Clark, Collamer, Conness, Cowan, Dixon, Doolittle, Fessenden, Foot, Foster, Grimes, Hale, Harding, Harlan, Harris, Henderson, Howard, Howe, Johnson, Lane of Indiana, Lane of Kansas, Morgan, Morrill, Nesmith, Pomeroy, Ramsey, Sherman, Sprague, Sumner, Ten Eyck, Trumbull, Van Winkle, Wade, Wilkinson, Willey, and Wilson—38.
NAYs—Messrs. Davis, Hendricks, McDougall, Powell, Riddle, and Saulsbury.]
The immortal Charter of Freedom had, as we have seen, with comparative ease, after a ten days' debate, by the power of numbers, run the gauntlet of the Senate; but now it was to be subjected to the much more trying and doubtful ordeal of the House. What would be its fate there? This was a question which gave to Mr. Lincoln, and the other friends of Liberty and Union, great concern.
It is true that various votes had recently been taken in that body, upon propositions which had an indirect bearing upon the subject of Emancipation, as, for instance, that of the 1st of February, 1864, when, by a vote of 80 yeas to 46 nays, it had adopted a Resolution declaring "That a more vigorous policy to enlist, at an early day, and in larger numbers, in our Army, persons of African descent, would meet the approbation of the House;" and that vote, although indirect, being so very nearly a two-thirds vote, was most encouraging. But, on the other hand, a subsequent Resolution, squarely testing the sense of the House upon the subject, had been carried by much less than a two-thirds vote.
This latter Resolution, offered by Mr. Arnold, after conference with Mr. Lincoln, with the very purpose of making a test, was in these direct terms:
"Resolved, That the Constitution shall be so amended as to Abolish Slavery in the United States wherever it now exists, and to prohibit its existence in every part thereof forever."
The vote, adopting it, was but 78 yeas to 62 nays. * This vote, therefore, upon the Arnold Resolution, being nowhere near the two-thirds affirmative vote necessary to secure the passage through the House of the Senate Joint Resolution on this subject amendatory of the Constitution, was most discouraging.
It was definite enough, however, to show the necessity of a change from the negative to the affirmative side of at least fifteen votes. While therefore the outlook was discouraging it was far from hopeless. The debate in the Senate had already had its effect upon the public mind. That, and the utterances of Mr. Lincoln—and further discussion in the House, it was thought, might produce such a pressure from the loyal constituencies both in the Free and Border Slave-States as to compel success.
But from the very beginning of the year 1864, as if instinctively aware that their Rebel friends were approaching the crisis of their fate, and needed now all the help that their allies of the North could give them, the Anti-War Democrats, in Congress, and out, had been stirring themselves with unusual activity.
In both Houses of Congress, upon all possible occasions, they had been striving, as they still strove, with the venom of their widely-circulated speeches, to poison the loyal Northern and Border-State mind, in the hope that the renomination of Mr. Lincoln might be defeated, the chance for Democratic success at the coming Presidential election be thereby increased, and, if nothing else came of it, the Union Cause be weakened and the Rebel Cause correspondingly strengthened.
At the same time, evidently under secret instructions from their friends, the Conspirators in arms, they endeavored to create heart-burnings and jealousies and ill-feeling between the Eastern (especially the New England) States and the Western States, and unceasingly attacked the Protective-Tariff, Internal Revenue, the Greenback, the Draft, and every other measure or thing upon which the life of the Union depended.
Most of these Northern-Democratic agitators, "Stealing the livery of Heaven to serve the Devil in," endeavored to conceal their treacherous designs under a veneer of gushing lip-loyalty, but that disguise was "too thin" to deceive either their contemporaries or those who come after them. Some of their language too, as well as their blustering manner, strangely brought back to recollection the old days of Slavery when the plantation-whip was cracked in the House, and the air was blue with execration of New England.
Said Voorhees, of Indiana, (January 11, 1864) when the House was considering a Bill "to increase the Internal Revenue and for other purposes:"
"I want to know whether the West has any friends upon the floor of this House? We pay every dollar that is to be levied by this Tax Bill. * * * The Manufacturing Interest pays not a dollar into the public Treasury that stays there. And yet airs of patriotism are put on here by men representing that interest. I visited New England last Summer, * * * when I heard the swelling hum of her Manufactories, and saw those who only a short time ago worked but a few hands, now working their thousands, and rolling up their countless wealth, I felt that it was an unhealthy prosperity. To my mind it presented a wealth wrung from the labor, the sinews, the bone and muscle of the men who till the soil, taxed to an illegitimate extent to foster and support that great System of local wealth. * * * I do not intend to stand idly by and see one portion of the Country robbed and oppressed for the benefit of another."
And the same day, replying to Mr. Morrill of Vermont, he exclaimed: "Let him show me that the plethoric, bloated Manufacturers of New England are paying anything to support the Government, and I will recognize it."
Washburne, of Illinois got back at this part of Mr. Voorhees's speech rather neatly, by defending the North-west as being "not only willing to stand taxation" which had been "already imposed, but * * * any additional taxation which," said he, "may be necessary to crush out this Rebellion, and to hang the Rebels in the South, and the Rebel sympathizers in the North." And, he pointedly added: "Complaint has been made against New England. I know that kind of talk. I have heard too often that kind of slang about New England. I heard it here for ten years, when your Barksdales, and your Keitts's, and your other Traitors, now in arms against the Government, filled these Halls with their pestilential assaults not only upon New England, but on the Free North generally."
Kelley of Pennsylvania, however, more fitly characterized the speech of Voorhees, when he termed it "a pretty, indeed a somewhat striking, paraphrase of the argument of Mr. Lamar, the Rebel Agent,—[in 1886, Secretary of the Interior]—to his confreres in Treason, as we find it in the recently published correspondence: 'Drive gold coin out of the Country, and induce undue Importation of Foreign products so as to strike down the Financial System. You can have no further hope for Foreign recognition. It is evident the weight of arms is against us; and it is clear that we can only succeed by striking down the Financial System of the Country.' It was an admirable paraphrase of the Instructions of Mr. Lamar to the Rebel Agents in the North."
The impression was at this time abroad, and there were not wanting elements of proof, that certain members of Congress were trusted Lieutenants of the Arch-copperhead and Outlaw, Vallandigham. Certain it is, that many of these leaders, six months before, attended and addressed the great gathering from various parts of the Country, of nearly one hundred thousand Vallandigham-Anti-War Peace-Democrats, at Springfield, Illinois—the very home of Abraham Lincoln—which adopted, during a lull, when they were not yelling themselves hoarse for Vallandigham, a resolution declaring against "the further offensive prosecution of the War" as being subversive of the Constitution and Government, and proposing a National Peace Convention, and, as a consequence, Peace, "the Union as it was," and, substantially such Constitutional guarantees as the Rebels might choose to demand! And this too, at a time (June 13, 1863), when Grant, after many recent glorious victories, had been laying siege to Vicksburg, and its Rebel Army of 37,000 men, for nearly a month, with every reason to hope for its speedy fall.
No wonder that under such circumstances, the news of such a gathering of the Northern Democratic sympathizers with Treason, and of their adoption of such treasonable Resolutions, should encourage the Rebels in the same degree that Union men were disheartened! No wonder that Lee, elated by this and other evidences of Northern sympathy with Rebellion, at once determined to commence a second grand invasion of the North, and on the very next day (June 14th,) moved Northward with all his Rebel hosts to be welcomed, he fondly hoped, by his Northern friends of Maryland and elsewhere! As we have seen, it took the bloody Battle of Gettysburg to undeceive him as to the character of that welcome.
Further than this, Mr. Cox had stumped Ohio, in the succeeding election, in a desperate effort to make the banished Traitor, Vallandigham—the Chief Northern commander of the "Knights of the Golden Circle" (otherwise known as the "Order of the Sons of Liberty," and "O. A. K." or "Order of American Knights")—Governor of that great State.
[The Rebel General Sterling Price being the chief Southern commander of this many-named treasonable organization, which in the North alone numbered over 500,000 men.
August, 1864.—See Report of Judge Advocate Holt on certain "Secret Associations," in Appendix,]
And it only lacked a few months of the time when quantities of copies of the treasonable Ritual of the "Order of American Knights"—as well as correspondence touching the purchase of thousands of Garibaldi rifles for transportation to the West—were found in the offices of leading Democrats then in Congress.
When, therefore, it is said, and repeated, that there were not wanting elements of proof, outside of Congressional utterances and actions, that leading Democrats in Congress were trusted Lieutenants of the Supreme Commander of over half a million of Northern Rebel-sympathizers bound together, and to secrecy, by oaths, which were declared to be paramount to all other oaths, the violation of which subjected the offender to a shameful death somewhat like that, of being "hung, drawn, and quartered," which was inflicted in the middle ages for the crime of Treason to the Crown—it will be seen that the statement is supported by circumstantial, if not by positive and direct, evidence.
Whether the Coxes, the Garret Davises, the Saulsburys, the Fernando Woods, the Alexander Longs, the Allens, the Holmans, and many other prominent Congressmen of that sort,—were merely in close communion with these banded "Knights," or were actual members of their secret organizations, may be an open question. But it is very certain that if they all were not oath-bound members, they generally pursued the precise methods of those who were; and that, as a rule, while they often loudly proclaimed loyalty and love for the Union, they were always ready to act as if their loyalty and love were for the so-called Confederacy.
Indeed, it was one of these other "loyal" Democrats, who even preceded Voorhees, in raising the Sectional cry of: The West, against New England. It was on this same Internal Revenue Bill, that Holman of Indiana had, the day before Voorhees's attack, said:
"If the Manufacture of the Northwest is to be taxed so heavily, a corresponding rate of increase must be imposed on the Manufactures of New England and Pennsylvania, or, will gentlemen tax us without limit for the benefit of their own Section? * * * I protest against what I believe is intended to be a discrimination against one Section of the Country, by increasing the tax three-fold, without a corresponding increase upon the burdens of other Sections."
But these dreadfully "loyal" Democrats—who did the bidding of traitorous masters in their Treason to the Union, and thus, while posturing as "Patriots," "fired upon the rear" of our hard-pressed Armies—were super-sensitive on this point. And, when they could get hold of a quiet sort of a man, inclined to peaceful methods of discussion, how they would, terrier-like, pounce upon him, and extract from him, if they could, some sort of negative satisfaction!
Thus, for instance, on the 22nd of January, when one of these quiet men —Morris of New York—was in the midst of an inoffensive speech, Mr. Cox "bristled up," and blusteringly asked whether he meant to say that he (Cox) had "ever been the apologist or the defender of a Traitor?"
And Morris not having said so, mildly replied that he did "not so charge"—all of which little bit of by-play hugely pleased the touchy Mr. Cox, and his clansmen.
But on the day following, their smiles vanished under the words of Spalding or Ohio, who, after referring to the crocodile-tears shed by Democratic Congressmen over the Confiscation Resolution—on the pretense that it would hunt down "innocent women and children" of the Rebels, when they had never a word of sympathy for the widows and children of the two hundred thousand dead soldiers of the Union—continued:
"They can see our poor soldiers return, minus an arm, minus a leg, as they pass through these lobbies, but their only care is to protect the property of Rebels. And we are asked by one of my colleagues, (Mr. Cox) does the gentleman from New York intend to call us Traitors? My friend, Mr. Morris, modestly answered no! If he had asked that question of me, he knows what my answer would have been! I have seen Rebel officers at Johnson's Island, and I have taken them by the hand because they have fought us fairly in the field and did not seek to break down the Government while living under its protection. Yes, Sir, that gentleman knows that I would have said to him that I have more respect for an open and avowed Traitor in the field, than for a sympathizer in this Hall. Four months have scarcely gone by since that gentleman and his political friends were advocating the election of a man for the Gubernatorial office in my State, who was an open and avowed advocate of Secession—AN OUTLAW AT THAT!"
And old Thaddeus Stevens—the clear-sighted and courageous "Old Commoner"—followed up Spalding, and struck very close to the root and animus of the Democratic opposition, when he exclaimed:
"All this struggle by calm and dignified and moderate 'Patriots;' all this clamor against 'Radicals;' all this cry of 'the Union as it Was, and the Constitution as it Is;' is but a persistent effort to reestablish Slavery, and to rivet anew and forever the chains of Bondage on the limbs of Immortal beings. May the God of Justice thwart their designs and paralyze their wicked efforts!"
The treacherous purposes of professedly-loyal Copperheads being seen through, and promptly and emphatically denounced to the Country by Union statesmen, the Copperheads aforesaid concluded that the profuse circulation of their own Treason-breeding speeches—through the medium of the treasonable organizations before referred to, permeating the Northern States,—would more than counteract all that Union men could say or do. Besides, the fiat had gone forth, from their Rebel masters at Richmond, to Agitate the North.
Hence, day after day, Democrat after Democrat, in the one House or the other, continued to air his disloyal opinions, and to utter more or less virulent denunciations of the Government which guarded and protected him.
Thus, Brooks, of New York, on the 25th of January (1864), sneeringly exclaimed: "Why, what absurdity it is to talk at this Capitol of prosecuting the War by the liberation of Slaves, when from the dome of this building there can be heard at this hour the booming of cannon in the distance!"
Thus, also, on the day following, Fernando Wood—the same man who, while Mayor of New York at the outbreak of the Rebellion, had, under Rebel-guidance, proposed the Secession from the Union, and the Independence, of that great Metropolis,—declared to the House that: "No Government has pursued a foe with such unrelenting, vindictive malignity as we are now pursuing those who came into the Union with us, whose blood has been freely shed on every battle-field of the Country until now, with our own; who fought by our side in the American Revolution, and in the War of 1812 with Great Britain; who bore our banners bravest and highest in our victorious march from Vera Cruz to the City of Mexico, and who but yesterday sat in these Halls contributing toward the maintenance of our glorious institutions."
Then he went on, in the spirit of prophecy, to declare that: "No purely agricultural people, fighting for the protection of their own Domestic Institutions upon their own soil, have ever yet been conquered. I say further, that no revolted people have ever been subdued after they have been able to maintain an Independent government for three years." And then, warming up to an imperative mood, he made this explicit announcement: "We are at War. * * * Whether it be a Civil War, Rebellion, Revolution, or Foreign War, it matters little. IT MUST CEASE; and I want this Administration to tell the American People WHEN it will cease!" Again, only two days afterward, he took occasion to characterize a Bill, amendatory of the enrollment Act, as "this infamous, Unconstitutional conscription Act!"
C. A. White, of Ohio, was another of the malcontents who undertook, with others of the same Copperhead faith, to "maintain, that," as he expressed it, "the War in which we are at present engaged is wrong in itself; that the policy adopted by the Party in power for its prosecution is wrong; that the Union cannot be restored, or, if restored, maintained, by the exercise of the coercive power of the Government, by War; that the War is opposed to the restoration of the Union, destructive of the rights of the States and the liberties of the People. It ought, therefore, to be brought to a speedy and immediate close."
It was about this time also that, emboldened by immunity from punishment for these utterances in the interest of armed Rebels, Edgerton of Indiana, was put forward to offer resolutions "for Peace, upon the basis of a restoration of the Federal Union under the Constitution as it is," etc.
Thereafter, in both Senate and House, such speeches by Rebel-sympathizers, the aiders and abettors of Treason, grew more frequent and more virulent than ever. As was well said to the House, by one of the Union members from Ohio (Mr. Eckley):
"A stranger, if he listened to the debates here, would think himself in the Confederate Congress. I do not believe that if these Halls were occupied to-day by Davis, Toombs, Wigfall, Rhett, and Pryor, they could add anything to the violence of assault, the falsity of accusation, or the malignity of attack, with which the Government has been assailed, and the able, patriotic, and devoted men who are charged with its Administration have been maligned, in both ends of the Capitol. The closing scenes of the Thirty-Sixth Congress, the treasonable declarations there made, contain nothing that we cannot hear, in the freedom of debate, without going to Richmond or to the camps of Treason, where most of the actors in those scenes are now in arms against us."
With such a condition of things in Congress, it is not surprising that the Richmond Enquirer announced that the North was "distracted, exhausted, and impoverished," and would, "through the agency of a strong conservative element in the Free States," soon treat with the Rebels "on acceptable terms."
Things indeed had reached such a pass, in the House of Representatives especially, that it was felt they could not much longer go on in this manner; that an example must be made of some one or other of these Copperheads. But the very knowledge of the existence of such a feeling of just and patriotic irritation against the continued free utterance of such sentiments in the Halls of Congress, seemed only to make some of them still more defiant. And, when the 8th of April dawned, it was known among all the Democrats in Congress, that Alexander Long proposed that day to make a speech which would "go a bow-shot beyond them all" in uttered Treason. He would speak right out, what the other Conspirators thought and meant, but dared not utter, before the World.
A crowded floor, and packed galleries, were on hand to listen to the written, deliberate Treason, as it fell from his lips in the House. His speech began with an arraignment of the Government for treachery, incompetence, failure, tyranny, and all sorts of barbarous actions and harsh intentions, toward the Rebels—which led him to the indignant exclamation:
"Will they throw down their arms and submit to the terms? Who shall believe that the free, proud American blood, which courses with as quick pulsation through their veins as our own, will not be spilled to the last drop in resistance?"
Warming up, he proceeded to say: "Can the Union be restored by War? I answer most unhesitatingly and deliberately, No, never; 'War is final, eternal separation.'"
He claimed that the War was "wrong;" that it was waged "in violation of the Constitution," and would "if continued, result speedily in the destruction of the Government and the loss of Civil Liberty, and ought therefore, to immediately cease."
He held also "that the Confederate States are out of the Union, occupying the position of an Independent Power de facto; have been acknowledged as a belligerent both by Foreign Nations and our own Government; maintained their Declaration of Independence, for three years, by force of arms; and the War has cut asunder all the obligations that bound them under the Constitution."
"Much better," said he, "would it have been for us in the beginning, much better would it be for us now, to consent to a division of our magnificent Empire, and cultivate amicable relations with our estranged brethren, than to seek to hold them to us by the power of the sword. * * * I am reluctantly and despondingly forced to the conclusion that the Union is lost, never to be restored. * * * I see neither North nor South, any sentiment on which it is possible to build a Union. * * * in attempting to preserve our Jurisdiction over the Southern States we have lost our Constitutional Form of Government over the Northern. * * * The very idea upon which this War is founded, coercion of States, leads to despotism. * * * I now believe that there are but two alternatives, and they are either an acknowledgment of the Independence of the South as an independent Nation, or their complete subjugation and extermination as a People; and of these alternatives I prefer the former."
As Long took his seat, amid the congratulations of his Democratic friends, Garfield arose, and, to compliments upon the former's peculiar candor and honesty, added denunciation for his Treason. After drawing an effective parallel between Lord Fairfax and Robert E. Lee, both of whom had cast their lots unwillingly with the enemies of this Land, when the Wars of the Revolution and of the Rebellion respectively opened, Garfield proceeded:
"But now, when hundreds of thousands of brave souls have gone up to God under the shadow of the Flag, and when thousands more, maimed and shattered in the Contest, are sadly awaiting the deliverance of death; now, when three years of terrific warfare have raged over us, when our Armies have pushed the Rebellion back over mountains and rivers and crowded it back into narrow limits, until a wall of fire girds it; now, when the uplifted hand of a majestic People is about to let fall the lightning of its conquering power upon the Rebellion; now, in the quiet of this Hall, hatched in the lowest depths of a similar dark Treason, there rises a Benedict Arnold and proposes to surrender us all up, body and spirit, the Nation and the Flag, its genius and its honor, now and forever, to the accursed Traitors to our Country. And that proposition comes—God forgive and pity my beloved State!—it comes from a citizen of the honored and loyal Commonwealth of Ohio! I implore you, brethren in this House, not to believe that many such births ever gave pangs to my mother-State such as she suffered when that Traitor was born!"
As he uttered these sturdy words, the House and galleries were agitated with that peculiar rustling movement and low murmuring sound known as a "sensation," while the Republican side with difficulty restrained the applause they felt like giving, until he sadly proceeded:
"I beg you not to believe that on the soil of that State another such growth has ever deformed the face of Nature and darkened the light of God's day."
The hush that followed was broken by the suggestive whisper: "Vallandigham!"
"But, ah," continued the Speaker—as his voice grew sadder still—"I am reminded that there are other such. My zeal and love for Ohio have carried me too far. I retract. I remember that only a few days since, a political Convention met at the Capital of my State, and almost decided, to select from just such material, a representative for the Democratic Party in the coming contest; and today, what claims to be a majority of the Democracy of that State say that they have been cheated or they would have made that choice!"
[This refers to Horatio Seymour, the Democratic Governor of New York.]
After referring to the "insidious work" of the "Knights of the Golden Circle" in seeking "to corrupt the Army and destroy its efficiency;" the "riots and murders which," said he, "their agents are committing throughout the Loyal North, under the lead and guidance of the Party whose Representatives sit yonder across the aisle;" he continued: "and now, just as the time is coming on when we are to select a President for the next four years, one rises among them and fires the Beacon, throws up the blue-light—which will be seen, and rejoiced over, at the Rebel Capital in Richmond—as the signal that the Traitors in our camp are organized and ready for their hellish work! I believe the utterance of to-day is the uplifted banner of revolt. I ask you to mark the signal that blazes here, and see if there will not soon appear the answering signals of Traitors all over the Land. * * * If these men do mean to light the torch of War in all our homes; if they have resolved to begin the fearful work which will redden our streets, and this Capitol, with blood, the American People should know it at once, and prepare to meet it."
At the close of Mr. Garfield's patriotic and eloquent remarks, Mr. Long again got the floor, declared that what he had said, he believed to be right, and he would "stand by it," though he had to "stand solitary and alone," and "even if it were necessary to brave bayonets, and prisons, and all the tyranny which may be imposed by the whole power and force of the Administration."
Said he: "I have deliberately uttered my sentiments in that speech, and I will not retract one syllable of it." And, to "rub it in" a little stronger, he exclaimed, as he took his seat, just before adjournment: "Give me Liberty, even if confined to an Island of Greece, or a Canton of Switzerland, rather than an Empire and a Despotism as we have here to-day!"
This treasonable speech naturally created much excitement throughout the Country.
On the following day (Saturday, April 9, 1864), immediately after prayer, the reading of the Journal being dispensed with, the Speaker of the House (Colfax) came down from the Speaker's Chair, and, from the floor, offered a Preamble and Resolution, which ended thus:
"Resolved, That Alexander Long, a Representative from the second district of Ohio, having, on the 8th day of April, 1864, declared himself in favor of recognizing the Independence and Nationality of the so-called Confederacy now in arms against the Union, and thereby 'given aid, Countenance and encouragement to persons engaged in armed hostility to the United States,' is hereby expelled."
The debate which ensued consumed nearly a week, and every member of prominence, on both the Republican and Democratic sides, took part in it—the Democrats almost invariably being careful to protest their own loyalty, and yet attempting to justify the braver and more candid utterances of the accused member.
Mr. Cox led off, April 9th, in the defense, by counterattack. He quoted remarks made to the House (March 18, 1864) by Mr. Julian, of Indiana, to the effect that "Our Country, united and Free, must be saved, at whatever hazard or cost; and nothing, not even the Constitution, must be allowed to hold back the uplifted arm of the Government in blasting the power of the Rebels forever;"—and upon this, adopting the language of another—[Judge Thomas, of Massachusetts.]—Mr. Cox declared that "to make this a War, with the sword in one hand to defend the Constitution, and a hammer in the other to break it to pieces, is no less treasonable than Secession itself; and that, outside the pale of the Constitution, the whole struggle is revolutionary."
He thought, for such words as he had just quoted, Julian ought to have been expelled, if those of Long justified expulsion!
Finally, being pressed by Julian to define his own position, as between the Life of the Nation, and the Infraction of the United States Constitution, Mr. Cox said: "I will say this, that UNDER NO CIRCUMSTANCES CONCEIVABLE BY THE HUMAN MIND WOULD I EVER VIOLATE THAT CONSTITUTION FOR ANY PURPOSE!"
This sentiment was loudly applauded, and received with cries of "THAT IS IT!" "THAT'S IT!" by the Democratic side of the House, apparently in utter contempt for the express and emphatic declaration of Jefferson that: "A strict observance of the written laws is doubtless one of the highest duties of a good citizen, but it is not the highest. The laws of Necessity, of Self-preservation, of SAVING OUR COUNTRY WHEN IN DANGER, are of higher obligation. To LOSE OUR COUNTRY by a scrupulous adherence to written law WOULD BE TO LOSE THE LAW ITSELF, with Life, Liberty, Property, and all those who are enjoying them with us; thus absolutely SACRIFICING THE END TO THE MEANS."
[In a letter to J. B. Colvin, Sept. 20, 1810, quoted at the time for their information, and which may be found at page 542 of vol. v., of Jefferson's Works.]
Indeed these extreme sticklers for the letter of the Constitution, who would have sacrificed Country, kindred, friends, honesty, truth, and all ambitions on Earth and hopes for Heaven, rather than violate it—for that is what Mr. Cox's announcement and the Democratic endorsement of it meant, if they meant anything—were of the same stripe as those querulous Ancients, for the benefit of whom the Apostle wrote: "For THE LETTER KILLETH, but the Spirit giveth life."
And now, inspired apparently by the reckless utterances of Long, if not by the more cautious diatribe of Cox, Harris of Maryland, determining if possible to outdo them all, not only declared that he was willing to go with his friend Long wherever the House chose to send him, but added: "I am a peace man, a radical peace man; and I am for Peace by the recognition of the South, for the recognition of the Southern Confederacy; and I am for acquiescence in the doctrine of Secession." And, said he, in the midst of the laughter which followed the sensation his treasonable words occasioned, "Laugh as you may, you have got to come to it!" And then, with that singular obfuscation of ideas engendered, in the heads of their followers, by the astute Rebel-sympathizing leaders, he went on:
"I am for Peace, and I am for Union too. I am as good a Union man as any of you. [Laughter.] I am a better Union man than any of you! [Great Laughter.] * * * I look upon War as Disunion."
After declaring that, if the principle of the expulsion Resolution was to be carried out, his "friend," Mr. Long, "would be a martyr in a glorious cause"—he proceeded to announce his own candidacy for expulsion, in the following terms:
"Mr. Speaker, in the early part of this Secession movement, there was a Resolution offered, pledging men and money to carry on the War. My principles were then, and are now, against the War. I stood, solitary and alone, in voting against that Resolution, and whenever a similar proposition is brought here it will meet with my opposition. Not one dollar, nor one man, I swear, by the Eternal, will I vote for this infernal, this stupendous folly, more stupendous than ever disgraced any civilized People on the face of God's Earth. If that be Treason, make the most of it!
"The South asked you to let them go in peace. But no, you said you would bring them into subjugation. That is not done yet, and God Almighty grant that it never may be. I hope that you will never subjugate the South. If she is to be ever again in the Union, I hope it will be with her own consent; and I hope that that consent will be obtained by some other mode than by the sword. 'If this be Treason, make the most of it!'"
An extraordinary scene at once occurred—Mr. Tracy desiring "to know whether, in these Halls, the gentleman from Maryland invoked Almighty God that the American Arms should not prevail?" "Whether such language is not Treason?" and "whether it is in order to talk Treason in this Hall?"—his patriotic queries being almost drowned in the incessant cries of "Order!" "Order!" and great disorder, and confusion, on the Democratic side of the House.
Finally the treasonable language was taken down by the Clerk, and, while a Resolution for the expulsion of Mr. Harris was being written out, Mr. Fernando Wood—coming, as he said, from a bed of "severe sickness," quoted the language used by Mr. Long, to wit:
"I now believe there are but two alternatives, and they are either the acknowledgment of the Independence of the South as an independent Nation, or their complete subjugation and extermination as a People; and of these alternatives I prefer the former"—and declared that "if he is to be expelled for the utterance of that sentiment, you may include me in it, because I concur fully in that sentiment."
[He afterwards (April 11,) said he did not agree with Mr. Long's opinions.]
Every effort was unavailingly made by the Democrats, under the lead of Messrs. Cox—[In 1886 American Minister at Constantinople.]—and Pendleton,—[In 1886 American Minister at Berlin.]—to prevent action upon the new Resolution of expulsion, which was in these words:
"Whereas, Hon. Benjamin G. Harris, a member of the House of Representatives of the United States from the State of Maryland, has on this day used the following language, to wit: 'The South asked you to let them go in peace. But no; you said you would bring them into subjection. That is not done yet, and God Almighty grant that it never may be. I hope that you will never subjugate the South.' And whereas, such language is treasonable, and is a gross disrespect of this House: Therefore, Be it Resolved, That the said Benjamin G. Harris be expelled from this House."
Upon reaching a vote, however, the Resolution was lost, there being only 81 yeas, to 58 (Democratic) nays—two-thirds not having voted affirmatively. Subsequently, despite Democratic efforts to obstruct, a Resolution, declaring Harris to be "an unworthy Member" of the House, and "severely" censuring him, was adopted.
The debate upon the Long-expulsion Resolution now proceeded, and its mover, in view of the hopelessness of securing a two-thirds affirmative vote, having accepted an amendment comprising other two Resolutions and a Preamble, the question upon adopting these was submitted on the 14th of April. They were in the words following:
"Whereas, ALEXANDER LONG, a Representative from the second district of Ohio, by his open declarations in the National Capitol, and publications in the City of New York, has shown himself to be in favor of a recognition of the so-called Confederacy now trying to establish itself upon the ruins of our Country, thereby giving aid and comfort to the Enemy in that destructive purpose—aid to avowed Traitors, in creating an illegal Government within our borders, comfort to them by assurances of their success and affirmations of the justice of their Cause; and whereas, such conduct is at the same time evidence of disloyalty, and inconsistent with his oath of office, and his duty as a Member of this Body: Therefore,
"Resolved, That the said Alexander Long, a Representative from the second district of Ohio, be, and he is hereby declared to be an unworthy Member of the House of Representatives.
"Resolved, That the Speaker shall read these Resolutions to the said Alexander Long during the session of the House."
The first of these Resolutions was adopted, by 80 yeas to 69 nays; the second was tabled, by 71 yeas to 69 nays; and the Preamble was agreed to, by 78 yeas to 63 nays.
And, among the 63 Democrats, who were not only unwilling to declare Alexander Long "an unworthy Member," or to have the Speaker read such a declaration to him in a session of the House, but also refused by their votes even to intimate that his conduct evidenced disloyalty, or gave aid and comfort to the Enemy, were the names of such democrats as Cox, Eldridge, Holman, Kernan, Morrisson, Pendleton, Samuel J. Randall, Voorhees, and Fernando Wood.
Hence Mr. Long not only escaped expulsion for his treasonable utterances, but did not even receive the "severe censure" which, in addition to being declared (like himself) "an unworthy Member," had been voted to Mr. Harris for recklessly rushing into the breach to help him!
[The Northern Democracy comprised two well-recognized classes: The Anti-War (or Peace) Democrats, commonly called "Copperheads," who sympathized with the Rebellion, and opposed the War for the Union; and the War (or Union) Democrats, who favored a vigorous prosecution of the War for the preservation of the Union.]