Diary of Mary Boykin Chesnut: March 10, 1865

Went to church crying to Ellen, “It is Lent, we must fast and pray.” When I came home my good fairy, Colonel Childs, had been here bringing rice and potatoes, and promising flour. He is a trump. He pulled out his pocket-book and offered to be my banker. He stood there on the street, Miss Middleton and Isabella witnessing the generous action, and straight out offered me money. “No, put up that,” said I. “I am not a beggar, and I never will be; to die is so much easier.”

Alas, after that flourish of trumpets, when he came with a sack of flour, I accepted it gratefully. I receive things I can not pay for, but money is different. There I draw a line, imaginary perhaps. Once before the same thing happened. Our letters of credit came slowly in 1845, when we went unexpectedly to Europe and our letters were to follow us. I was a poor little, inoffensive bride, and a British officer, who guessed our embarrassment, for we did not tell him (he came over with us on the ship), asked my husband to draw on his banker until the letters of credit should arrive. It was a nice thing for a stranger to do.

We have never lost what we never had. We have never had any money — only unlimited credit, for my husband's richest kind of a father insured us all manner of credit. It was all a mirage only at last, and it has gone just as we drew nigh to it.

Colonel Childs says eight of our Senators are for reconstruction, and that a ray of light has penetrated inward from Lincoln, who told Judge Campbell that Southern land would not be confiscated.

SOURCES: Mary Boykin Chesnut, Edited by Isabella D. Martin and Myrta Lockett Avary, A Diary From Dixie, p. 363-4

John L. Motley to Dr. Oliver Wendell Holmes Sr., February 16, 1862

Legation of the United States of America, Vienna,

February 26, 1862.

My Dear Holmes: You are the most generous and delightful of correspondents and friends. I have two long and most interesting letters of yours to acknowledge, the first of 7th January, the second of 3d February. They are exactly the kind of letters which I most value. I want running commentaries on men and events produced on such a mind as yours by the rapidly developing history of our country at its most momentous crisis. I take great pleasure in reading your prophecies, and intend to be just as free in hazarding my own, for, as you so well say, our mortal life is but a string of guesses at the future, and no one but an idiot would be discouraged at finding himself sometimes far out in his calculations. If I find you signally right in any of your predictions, be sure that I will congratulate and applaud. If you make mistakes, you shall never hear of them again, and I promise to forget them. Let me ask the same indulgence from you in return. This is what makes letter-writing a comfort and journalism dangerous. For this reason, especially as I am now in an official position, I have the greatest horror lest any of my crudities should get into print. I have also to acknowledge the receipt of a few lines to Wendell. They gave me very great pleasure. I am delighted to hear of his entire recovery, and I suppose you do not object, so much as he does, to his being detained for a time from camp by recruiting service. I shall watch his career with deep interest. Just now we are intensely anxious about the Burnside expedition, of which, as you know, my nephew Lewis Stackpole is one. He is almost like my son. I feel very proud of his fine intellectual and manly qualities, and although it is a sore trial to his mother to part with him, yet I am sure that she would in future days have regretted his enrolment in the “stay-at-home rangers.”

That put me in mind to acknowledge the receipt of “Songs in Many Keys.” It lies on our drawing-room table, and is constantly in our hands. I cannot tell you how much pleasure I derived from it. Many of the newer pieces I already know by heart, and admire them as much as you know I have always done their predecessors. The “Ballad” is in a new vein for you, and is, I think, most successful. If I might venture to mention the separate poems by name which most please me, I should certainly begin with “Iris, her Book,” “Under the Violets,” “The Voiceless,” which are full of tenderness and music. Then the clarion ring of the verses for the centennial celebration of Burns has an immense charm for me, and so the trumpet tones of “The Voice of the Loyal North”; but I should go on a long time if I tried to express my honest and hearty admiration for the volume as fully as it deserves. I thank you most sincerely for it, and I assure you that you increase in fullness and power and artistic finish without losing any of your youthful freshness of imagination. I am glad that the emperor had the sense to appreciate your “Vive la France.” I agree with him that it is plein d'inspiration and exceedingly happy. I admire it the more because for the moment it communicated to me the illusion under the spell of which you wrote it. For of course France hates us as much as England does, and Louis Napoleon is capable of playing us a trick at any moment.

I am obliged to reason like a cosmopolite. The English have a right to hate America if they instinctively feel that the existence of a great, powerful, prosperous, democratic republic is a standing menace to the tenure of their own privileges. I think the instinct false, however, to a certain extent. Physical, historical, and geographical conditions make our democratic commonwealth a possibility, while they are nearly all wanting in England. I do not think the power or glory or prosperity of the English monarchy any menace to our institutions. I think it an unlucky and unreasoning perverseness which has led the English aristocracy to fear our advance in national importance. I do not mean that, on the whole, the government has behaved ill to us. Especially international dealings with us have been courteous and conciliatory. I like personally English ways, English character, Englishmen and Englishwomen. It is a great empire in arts and arms, and their hospitalities are very pleasant. Nevertheless, I love my own country never so much as at this moment. Never did I feel so strong a faith in her destiny as now. Of John Bright we have already spoken, and of the daily and noble battle waged for us by the “Daily News” (which I hope you read); and now how must we all rejoice at the magnificent essay in “Fraser's Magazine” by the acknowledged chief of English thinkers, John Stuart Mill!

It is awful to reflect that the crisis of our fate is so rapidly approaching. The ides of March will be upon us before this letter reaches you. We have got to squash the rebellion soon, or be squashed forever as a nation — aut fer, aut feri. I do not pretend to judge military plans or the capacity of generals; but, as you suggest, perhaps I can take a more just view of the whole picture of this eventful struggle at this great distance than do those absolutely acting and suffering in the scene. Nor can I resist the desire to prophesy any more than you do, knowing that I may prove utterly mistaken. I say, then, our great danger comes from foreign interference. What will prevent that? Our utterly defeating the Confederates in some great and conclusive battle, or our possession of the cotton ports and opening them to European trade, or a most unequivocal policy of slave-emancipation. Any one of these three conditions would stave off recognition by foreign powers until we had ourselves abandoned the attempt to reduce the South to obedience.

The last measure is to my mind the most important. The South has, by going to war with the United States government, thrust into our hands against our will the invincible weapon which constitutional reasons have hitherto forbidden us to employ. At the same time, it has given us the power to remedy a great wrong to four millions of the human race, in which we have hitherto been obliged to acquiesce. We are threatened with national annihilation, and defied to use the only means of national preservation. The question is distinctly proposed to us, Shall slavery die, or the great Republic? It is most astounding to me that there can be two opinions in the free States as to the answer. If we do fall, we deserve our fate. At the beginning of the contest, constitutional scruples might be respectable. But now we are fighting to subjugate the South, that is, slavery. We are fighting for the Union. Who wishes to destroy the Union? The slaveholders. Nobody else. Are we to spend $1,200,000,000 and raise 600,000 soldiers in order to protect slavery?

It really does seem to me too simple for argument. I am anxiously waiting for the coming Columbus who will set this egg of ours on end by smashing in the slavery end. We shall be rolling about in every direction until that is done. I do not know that it is to be done by proclamation—rather, perhaps, by facts. Well, I console myself by thinking that the people, the American people at least, is about as wise collectively as less numerous collections of individuals, and that the people has really decreed emancipation and is only puzzling how to carry it into effect. After all, it seems to be a law of Providence that progress should be by a spiral movement, so that when we seem most tortuous we may perhaps be going ahead. I am firm in the faith that slavery is now wriggling itself to death. With slavery in its primitive vigor I should think the restored Union neither possible nor desirable. Do not understand me as not taking fully into account all the strategical considerations against premature governmental utterances on this great subject.

But are there any trustworthy friends of the Union among the slaveholders? Should we lose many Kentuckians and Virginians who are now with us if we boldly confiscated the slaves of all rebels? And a confiscation of property which has legs and so confiscates itself at command is not only a legal, but would prove a very practical, measure in time of war. In brief, the time is fast approaching, I think, when “Thorough” should be written on all our banners. Slavery will never accept a subordinate position. The great Republic and slavery cannot both survive. We have been defied to mortal combat, and yet we hesitate to strike. These are my poor thoughts on this great subject. Perhaps you will think them crude.

I was much struck with what you quote from Mr. Conway, that if emancipation was proclaimed on the Upper Mississippi it would be known to the negroes of Louisiana in advance of the telegraph. And if once the blacks had leave to run, how many whites would have to stay at home to guard their dissolving property?

You have had enough of my maunderings. But before I conclude them, may I ask you to give all our kindest regards to Lowell, and to express our admiration for the “Yankee Idyl”? I am afraid of using too extravagant language if I say all I think about it. Was there ever anything more stinging, more concentrated, more vigorous, more just? He has condensed into those few pages the essence of a hundred diplomatic papers and historical disquisitions and Fourth of July orations. I have very pleasant relations with all the “J. B.'s”¹ here. They are all friendly and well disposed to the North. I speak of the embassy, which, with the ambassador and ambassadress, numbers eight or ten souls, some of them very intellectual ones.

Shall I say anything of Austria? What can I say that would interest you? That is the reason why I hate to write. All my thoughts are in America. Do you care to know about the Archduke Ferdinand Maximilian (if L. N.² has his way)? He is next brother to the emperor; but although I have had the honor of private audience of many archdukes here, this one is a resident of Triest. He is about thirty; has an adventurous disposition, some imagination, a turn for poetry; has voyaged a good deal about the world in the Austrian ship of war, for in one respect he much resembles that unfortunate but anonymous ancestor of his, the King of Bohemia, with the seven castles, who, according to Corporal Trim, had such a passion for navigation and sea affairs, “with never a seaport in all his dominions.” But now the present King of Bohemia has got the sway of Triest, and Ferdinand Maximilian has been resident there, and is Lord High Admiral and chief of the Marine Department. He has been much in Spain and also in South America. I have read some travels — “Reise Skizzen” — of his, printed, not published. They are not without talent, and he ever and anon relieves his prose jog-trot by breaking into a canter of poetry. He adores bullfights, rather regrets the Inquisition, and considers the Duke of Alva everything noble and chivalrous and the most abused of men. It would do your heart good to hear his invocations to that deeply injured shade, his denunciations of the ignorant and vulgar Protestants who have defamed him. “Du armer Alva! weil du dem Willen deines Herren unerschütterlich treu warst, weil die fest bestimmten Grundsätze der Regierung,” etc., etc., etc. You can imagine the rest. (N. B. Let me observe that the D. R. was not published until long after the “Reise Skizzen” were written.)

Dear me, I wish I could get back to the sixteenth and seventeenth centuries! If once we had the “rebels licked, Jeff Davis hanged, and all,” I might shunt myself back to my old rails. But alas! the events of the nineteenth century are too engrossing. If Lowell cares to read this letter, will you allow me to make it over to him jointly, as Captain Cuttle says? I wished to write to him, but I am afraid only you would tolerate my writing so much when I have nothing to say. If he would ever send me a line I should be infinitely obliged, and would quickly respond. We read “The Washers of the Shroud” with fervent admiration. Always remember me most sincerely to the club, one and all. It touches me nearly when you assure me that I am not forgotten by them. To-morrow is Saturday, and last of the month.³ We are going to dine with our Spanish colleague.⁴ But the first bumper of the don's champagne I shall drain to the health of the Parker House friends. Mary and Lily join me in kindest regards to you and all yours; and I am, as always,

Sincerely your friend,

J. L. M.

_______________

¹ Cf. “Jonathan to John,” in “The Biglow Papers.”

² Louis Napoleon.

³ The club dinner took place on that day.

⁴ M. de la Torre Ayllon.

SOURCE: George William Curtis, editor, The Correspondence of John Lothrop Motley in Two Volumes, Library Edition, Volume 2, p. 239-46

Diary of Sarah Morgan: July 4, 1862

Here I am, and still alive, having wakened but once in the night, and that only in consequence of Louis and Morgan crying; nothing more alarming than that. I ought to feel foolish; but I do not. I am glad I was prepared, even though there was no occasion for it.

While I was taking my early bath, Lilly came to the bath-house and told me through the weatherboarding of another battle. Stonewall Jackson has surrounded McClellan completely, and victory is again ours. This is said to be the sixth battle he has fought in twenty days, and they say he has won them all. And the Seventh Regiment distinguished itself, and was presented with four cannon on the battlefield in acknowledgment of its gallant conduct! Gibbes belongs to the “ragged howling regiment that rushed on the field yelling like unchained devils and spread a panic through the army,” as the Northern papers said, describing the battle of Manassas. Oh, how I hope he has escaped!

And they say “Palmerston has urged the recognition of the Confederacy, and an armed intervention on our side.” Would it not be glorious? Oh, for peace, blessed peace, and our brothers once more! Palmerston is said to have painted Butler as the vilest oppressor, and having added he was ashamed to acknowledge him of Anglo-Saxon origin. Perhaps knowing the opinion entertained of him by foreign nations, caused Butler to turn such a somersault. For a few days before his arrival here, we saw a leading article in the leading Union paper of New Orleans, threatening us with the arming of the slaves for our extermination if England interfered, in the same language almost as Butler used when here; three days ago the same paper ridiculed the idea, and said such a brutal, inhuman thing was never for a moment thought of, it was too absurd. And so the world goes! We all turn somersaults occasionally.

And yet, I would rather we would achieve our independence alone, if possible. It would be so much more glorious. And then I would hate to see England conquer the North, even if for our sake; my love for the old Union is still too great to be willing to see it so humiliated. If England would just make Lincoln come to his senses, and put an end to all this confiscation which is sweeping over everything, make him agree to let us alone and behave himself, that will be quite enough. But what a task! If it were put to the vote to-morrow to return free and unmolested to the Union, or stay out, I am sure Union would have the majority; but this way, to think we are to be sent to Fort Jackson and all the other prisons for expressing our ideas, however harmless, to have our houses burned over our heads, and all the prominent men hanged, who would be eager for it? — unless, indeed, it was to escape even the greater horrors of a war of extermination.

SOURCE: Sarah Morgan Dawson, A Confederate Girl's Diary, p. 102-4

Proclamation of Jefferson Davis: General Orders No. 111, December 23, 1862

GENERAL ORDERS No. 111.

ADJT. AND INSP. GENERAL'S OFFICE,

Richmond, December 24, 1862.

I. The following proclamation of the President is published for the information and guidance of all concerned therein:

BY THE PRESIDENT OF THE CONFEDERATE STATES.

A PROCLAMATION.

Whereas a communication was addressed on the 6th day of July last (1862) by General Robert E. Lee, acting under the instructions of the Secretary of War of the Confederate States of America, to General H. W. Halleck, General-in-Chief of the U. S. Army, informing the latter that a report had reached this Government that William B. Mumford, a citizen of the Confederate States, had been executed by the U. S. authorities at New Orleans for having pulled down the U. S. flag in that city before its occupation by the forces of the United States, and calling for a statement of the facts with a view to retaliation if such an outrage had really been committed under sanction of the authorities of the United States;

And whereas (no answer having been received to said letter) another letter was on the 2d August last (1862) addressed by General Lee under my instructions to General Halleck renewing the inquiry in relation to the said execution of said Mumford, with the information that in the event of not receiving a reply within fifteen days it would be assumed that the fact alleged was true and was sanctioned by the Government of the United States;

And whereas an answer, dated on the 7th August last (1862) was addressed to General Lee by General H. W. Halleck, the said General-in-Chief of the Armies of the United States, alleging sufficient cause for failure to make early reply to said letter of 6th July, asserting that “no authentic information had been received in relation to the execution of Mumford, but measures will be immediately taken to ascertain the facts of the alleged execution,” and promising that General Lee should be duly informed thereof;

And whereas on the 29th November last (1862) another letter was addressed under my instructions by Robert Ould, Confederate agent for the exchange of prisoners under the cartel between the two Governments, to Lieut. Col. W. H. Ludlow, agent of the United States under said cartel, informing him that the explanations promised in the said letter of General Halleck of 7th August last had not yet been received, and that if no answer was sent to the Government within fifteen days from the delivery of this last communication it would be considered that an answer is declined;

And whereas by letter dated on the 3d day of the present month of December the said Lieutenant-Colonel Ludlow apprised the said Robert Ould that the above-recited communication of 29th of November had been received and forwarded to the Secretary of War of the United States;

And whereas this last delay of fifteen days allowed for answer has elapsed and no answer has been received;

And whereas in addition to the tacit admission resulting from the above refusal to answer I have received evidence fully establishing the truth of the fact that the said William B. Mumford, a citizen of this Confederacy, was actually and publicly executed in cold blood by hanging after the occupation of the city of New Orleans by the forces under the command of General Benjamin F. Butler when said Mumford was an unresisting and non-combatant captive, and for no offense even alleged to have been committed by him subsequent to the date of the capture of the said city;

And whereas the silence of the Government of the United States and its maintaining of said Butler in high office under its authority for many months after his commission of an act that can be viewed in no other light than as a deliberate murder, as well as of numerous other outrages and atrocities hereafter to be mentioned, afford evidence only too conclusive that the said Government sanctions the conduct of said Butler and is determined that he shall remain unpunished for his crimes:

Now therefore I, Jefferson Davis, President of the Confederate States of America, and in their name do pronounce and declare the said Benjamin F. Butler to be a felon deserving of capital punishment. I do order that he be no longer considered or treated simply as a public enemy of the Confederate States of America but as an outlaw and common enemy of mankind, and that in the event of his capture the officer in command of the capturing force do cause him to be immediately executed by hanging; and I do further order that no commissioned officer of the United States taken captive shall be released on parole before exchange until the said Butler shall have met with due punishment for his crimes.

And whereas the hostilities waged against this Confederacy by the forces of the United States under the command of said Benjamin F. Butler have borne no resemblance to such warfare as is alone permissible by the rules of international law or the usages of civilization but have been characterized by repeated atrocities and outrages, among the large number of which the following may be cited as examples:

Peaceful and aged citizens, unresisting captives and non-combatants, have been confined at hard labor with balls and chains attached to their limbs, and are still so held in dungeons and fortresses. Others have been subjected to a like degrading punishment for selling medicines to the sick soldiers of the Confederacy.

The soldiers of the United States have been invited and encouraged by general orders to insult and outrage the wives, the mothers and the sisters of our citizens.

Helpless women have been torn from their homes and subjected to solitary confinement, some in fortresses and prisons and one especially on an island of barren sand under a tropical sun; have been fed with loathsome rations that had been condemned as unfit for soldiers, and have been exposed to the vilest insults.

Prisoners of war who surrendered to the naval forces of the United States on agreement that they should be released on parole have been seized and kept in close confinement.

Repeated pretexts have been sought or invented for plundering the inhabitants of the captured city by fines levied and exacted under threat of imprisoning recusants at hard labor with ball and chain.

The entire population of the city of New Orleans have been forced to elect between starvation, by the confiscation of all their property, and taking an oath against conscience to bear allegiance to the invaders of their country.

Egress from the city has been refused to those whose fortitude withstood the test, even to lone and aged women and to helpless children; and after being ejected from their homes and robbed of their property they have been left to starve in the streets or subsist on charity.

The slaves have been driven from the plantations in the neighborhood of New Orleans till their owners would consent to share the crops with the commanding general, his brother Andrew J. Butler, and other officers; and when such consent had been extorted the slaves have been restored to the plantations and there compelled to work under the bayonets of guards of U. S. soldiers.

Where this partnership was refused armed expeditions have been sent to the plantations to rob them of everything that was susceptible of removal, and even slaves too aged or infirm for work have in spite of their entreaties been forced from the homes provided by the owners and driven to wander helpless on the highway.

By a recent general order (No. 91) the entire property in that part of Louisiana lying west of the Mississippi River has been sequestrated for confiscation and officers have been assigned to duty with orders to gather up and collect the personal property and turn over to the proper officers upon their receipts such of said property as may be required for the use of the U. S. Army; to collect together all the other personal property and bring the same to New Orleans and cause it to be sold at public auction to the highest bidders” – an order which if executed condemns to punishment by starvation at least a quarter of a million of human beings of all ages, sexes and conditions; and of which the execution although forbidden to military officers by the orders of President Lincoln is in accordance with the confiscation law of our enemies which he has directed to be enforced through the agency of civil officials. And finally the African slaves have not only been excited to insurrection by every license and encouragement but numbers of them have actually been armed for a servile war – a war in its nature far exceeding in horrors the most merciless atrocities of the savages.

And whereas the officers under the command of the said Butler have been in many instances active and zealous agents in the commission of these crimes, and no instance is known of the refusal of any one of them to participate in the outrages above narrated;

And whereas the President of the United States has by public and official declaration signified not only his approval of the effort to excite servile war within the Confederacy but his intention to give aid and encouragement thereto if these independent States shall continue to refuse submission to a foreign power after the 1st day of January next, and has thus made known that all appeals to the laws of nations, the dictates of reason and the instincts of humanity would be addressed in vain to our enemies, and that they can be deterred from the commission of these crimes only by the terms of just retribution:

Now therefore I, Jefferson Davis, President of the Confederate States of America and acting by their authority, appealing to the Divine Judge in attestation that their conduce is not guided by the passion of revenge but that they reluctantly yield to the solemn duty of repressing by necessary severity crimes of which their citizens are the victims, do issue this my proclamation, and by virtue of my authority as Commander-in-Chief of the Armies of the Confederate States do order—

1. That all commissioned officers in the command of said Benjamin F. Butler be declared not entitled to be considered as soldiers engaged in honorable warfare but as robbers and criminals deserving death, and that they and each of them be whenever captured reserved for execution.

2. That the private soldiers and non-commissioned officers in the army of said Butler be considered as only the instruments used for the commission of the crimes perpetrated by his orders and not as free agents; that they therefore be treated when captured as prisoners of war with kindness and humanity and be sent home on the usual parole that they will in no manner aid or serve the United States in any capacity during the continuance of this war unless duly exchanged.

3. That all negro slaves captured in arms be at once delivered over to the executive authorities of the respective States to which they belong to be dealt with according to the laws of said States.

4. That the like orders be executed in all cases with respect to all commissioned officers of the United States when found serving in company with armed slaves in insurrection against the authorities of the different States of this Confederacy.

In testimony whereof I have signed these presents and caused the seal of the Confederate States of America to be affixed thereto at the city of Richmond on this 23d day of December, in the year of our Lord one thousand eight hundred and sixty-two.

[L. S.]

JEFF'N DAVIS.

By the President:

J. P. BENJAMIN,

Secretary of State.

II. Officers of the Army are charged with the observance and enforcement of the foregoing orders of the President. Where the evidence is not full or the case is for any reason of a doubtful character it will be referred through this office for the decision of the War Department.

By order:

S. COOPER,

SOURCE: The War of the Rebellion: A Compilation of the Official Records of the Union and Confederate Armies, Series 2, Volume 5 (Serial No. 118), p. 795-7

The Confiscation Act of 1862: July 17, 1862

AN ACT to suppress insurrection, to punish treason and rebellion, to seize and confiscate the property of rebels, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That every person who shall hereafter commit the crime of treason against the United States, and shall be adjudged guilty thereof, shall suffer death, and all his slaves, if any, shall be declared and made free; or, at the discretion of the court, he shall be imprisoned for not less than five years and fined not less than $10,000, and all his slaves, if any, shall be declared and made free; said fine shall be levied and collected on any or all of the property, real and personal, excluding slaves, of which the said person so convicted was the owner at the time of committing the said crime, any sale or conveyance to the contrary notwithstanding.

SEC. 2. And be it further enacted, That if any person shall hereafter incite, set on foot, assist, or engage in any rebellion or insurrection against the authority of the United States, or the laws thereof, or shall give aid or comfort thereto, or shall engage in, or give aid and comfort to, any such existing rebellion or insurrection, and be convicted thereof, such person shall be punished by imprisonment for a period not exceeding ten years, or by a fine not exceeding ten thousand dollars, and by the liberation of all his slaves, if any he have; or by both of said punishments, at the discretion of the court.

SEC. 3. And be it further enacted, That every person guilty of either of the offenses described in this act shall be forever incapable and disqualified to hold any office under the United States.

SEC. 4. And be it further enacted, That this act shall not be construed in any way to affect or alter the prosecution, conviction, or punishment of any person or persons guilty of treason against the United States before the passage of this act, unless such person is convicted under this act.

SEC. 5. And be it further enacted, That, to insure the speedy termination of the present rebellion, it shall be the duty of the President of the United States to cause the seizure of all the estate and property, money, stocks, credits, and effects of the persons hereinafter named in this section, and to apply and use the same and the proceeds thereof for the support of the Army of the United States – that is to say:

First. Of any person hereafter acting as an officer of the army or navy of the rebels in arms against the Government of the United States.

Secondly. Of any person hereafter acting as President, Vice-President, member of Congress, judge of any court, cabinet officer, foreign minister, commissioner or consul of the so-called Confederate States of America.

Thirdly. Of any person acting as Governor of a State, member of a convention or Legislature, or judge of any court of any of the so-called Confederate States of America.

Fourthly. Of any person who, having held an office of honor, trust, or profit in the United States, shall hereafter hold an office in the so-called Confederate States of America.

Fifthly. Of any person hereafter holding any office or agency under the government of the so-called Confederate States of America, or under any of the several States of the said Confederacy, or the laws thereof, whether such office or agency be national, state, or municipal in its name or character: Provided, That the persons thirdly, fourthly, and fifthly above described shall have accepted their appointment or election since the date of the pretended ordinance of secession of the State, or shall have taken an oath of allegiance to, or to support the Constitution of, the so-called Confederate States.

Sixthly. Of any person who, owning property in any loyal State or Territory of the United States, or in the District of Columbia, shall hereafter assist and give aid and comfort to such rebellion ; and all sales, transfers, or conveyances of any such property shall he null and void; and it shall be a sufficient bar to any suit brought by such person for the possession or the use of such property, or any of it, to allege and prove that he is one of the persons described in this section.

SEC. 6. And be it further enacted, That if any person within any State or Territory of the United States, other than those named, as aforesaid, after the passage of this act, being engaged in armed rebellion against the Government of the United States, or aiding or abetting such rebellion, shall not, within sixty days after public warning and proclamation duly given and made by the President of the United States, cease to aid, countenance, and abet such rebellion, and return to his allegiance to the United States, all the estate and property, money, stocks, and credits of such person shall be liable to seizure, as aforesaid, and it shall be the duty of the President to seize and use them as aforesaid or the proceeds thereof. And all sales, transfers, or conveyances of any such property after the expiration of the said sixty days from the date of such warning and proclamation shall be null and void; and it shall be a sufficient bar to any suit brought by such person for the possession or the use of such property, or any of it, to allege and prove that he is one of the persons described in this section.

SEC. 7. And be it further enacted, That to secure the condemnation and sale of any of such property, after the same shall have been seized, so that it may be made available for the purpose aforesaid, proceedings in rein shall be instituted in the name of the United States in any district court thereof, or in any Territorial court or in the United States district court for the District of Columbia, within which the property above described, or any part thereof, may be found, or into which the same, if movable, may first be brought, which proceedings shall conform as nearly as may be to proceedings in admiralty or revenue cases; and if said property, whether real or personal, shall be found to have belonged to a person engaged in rebellion, or who has given aid or comfort thereto, the same shall be condemned as enemies' property and become the property of the United States, and may be disposed of as the court shall decree, and the proceeds thereof paid into the Treasury of the United States for the purposes aforesaid.

SEC. 8. And be it further enacted, That the several courts aforesaid shall have power to make such orders, establish such forms of decree and sale, and direct such deeds and conveyances to be executed and delivered by the marshals thereof where real estate shall be the subject of sale, as shall fitly and efficiently effect the purposes of this act, and vest in the purchasers of such property good and valid titles thereto. And the said courts shall have power to allow such fees and charges of their officers as shall be reasonable and proper in the premises.

SEC. 9. And be it further enacted, That all slaves of persons who shall hereafter be engaged in rebellion against the Government of the United States, or who shall in any way give aid or comfort thereto, escaping from such persons and taking refuge within the lines of the Army; and all slaves captured from such persons or deserted by them and coming under the control of the Government of the United States, and all slaves of such persons found on [or] being within any place occupied by rebel forces and afterward occupied by the forces of the United States shall be deemed captives of war, and shall be forever free of their servitude, and not again held as slaves.

SEC. 10. And be it further enacted, That no slave escaping into any State, Territory, or the District of Columbia, from any other State, shall be delivered up, or in any way impeded or hindered of his liberty, except for crime, or some offense against the laws, unless the person claiming said fugitive shall first make oath that the person to whom the labor or service of such fugitive is alleged to be due is his lawful owner, and has not borne arms against the United States in the present rebellion, nor in any way given aid and comfort thereto; and no person engaged in the military or naval service of the United States shall, under any pretense whatever, assume to decide on the validity of the claim of any person to the service or labor of any other person, or surrender up any such person to the claimant, on pain of being dismissed from the service.

SEC. 11. And be it further enacted, That the President of the United States is authorized to employ as many persons of African descent as he may deem necessary and proper for the suppression of this rebellion, and for this purpose he may organize and use them in such manner as he may judge best for the public welfare.

SEC. 12. And be it further enacted, That the President of the United States is hereby authorized to make provision for the transportation, colonization, and settlement, in some tropical country beyond the limits of the United States, of such persons of the African race, made free by the provisions of this act, as may be willing to emigrate, having first obtained the consent of the government of said country to their protection and settlement within the same, with all the rights and privileges of freemen.

SEC. 13. And be it further enacted, That the President is hereby authorized, at any time hereafter, by proclamation, to extend to persons who may have participated in the existing rebellion in any State or part thereof, pardon and amnesty, with such exceptions and at such time and on such conditions as he may deem expedient for the public welfare.

SEC. 14. And be it further enacted, That the courts of the United States shall have full power to institute proceedings, make orders and decrees, issue process, and do all other things necessary to carry this act into effect.

Approved July 17, 1862.

SOURCE: SOURCE: The War of the Rebellion: A Compilation of the Official Records of the Union and Confederate Armies, Series III, Volume 2 (Serial No. 123), p. 275-6

The Confiscation Act of 1861: August 6, 1861

An Act to confiscate Property used for Insurrectionary Purposes.

Be it enacted . . . , That if, during the present or any future insurrection against the Government of the United States, after the President of the United States shall have declared, by proclamation, that the laws of the United States are opposed, and the execution thereof obstructed, by combinations too powerful to be suppressed by the ordinary course of judicial proceedings, or by the power vested in the marshals by law, any person or persons, his, her, or their agent, attorney, or employé, shall purchase or acquire, sell or give, any property of whatsoever kind or description, with intent to use or employ the same, or suffer the same to be used or employed, in aiding, abetting, or promoting such insurrection or resistance to the laws, or any person or persons engaged therein; or if any person or persons, being the owner or owners of any such property, shall knowingly use or employ, or consent to the use or employment of the same as aforesaid, all such property is hereby declared to be lawful subject of prize and capture wherever found; and it shall be the duty of the President of the United States to cause the same to be seized, confiscated, and condemned.

Sec. 2. And be it further enacted, That such prizes and capture shall be condemned in the district or circuit court of the United States having jurisdiction of the amount, or in admiralty in any district in which the same may be seized, or into which they may be taken and proceedings first instituted.

Sec. 3. And be it further enacted, That the Attorney-General, or any district attorney of the United States in which said property may at the time be, may institute the proceedings of condemnation, and in such case they shall be wholly for the benefit of the United States; or any person may file an information with such attorney, in which case the proceedings shall be for the use of such informer and the United States in equal parts.

Sec. 4. And be it further enacted, That whenever hereafter, during the present insurrection against the Government of the United States, any person claimed to be held to labor or service under the law of any State, shall be required or permitted by the person to whom such labor or service is claimed to be due, or by the lawful agent of such person, to take up arms against the United States, or shall be required or permitted by the person to whom such labor or service is claimed to be due, or his lawful agent, to work or to be employed in or upon any fort, navy yard, dock, armory, ship, entrenchment, or in any military or naval service whatsoever, against the Government and lawful authority of the United States, then, and in every such case, the person to whom such labor or service is claimed to be due shall forfeit his claim to such labor, any law of the State or of the United States to the contrary notwithstanding. And whenever thereafter the person claiming such labor or service shall seek to enforce his claim, it shall be a full and sufficient answer to such claim that the person whose service or labor is claimed had been employed in hostile service against the Government of the United States, contrary to the provisions of this act.

SOURCES: William MacDonald, Editor, Documentary Source Book of American History, 1606-1913, p. 443-4; Frank Moore, Editor, The Rebellion Record, Volume 2, p. 475-6

Diary of Mary Boykin Chesnut: April 23, 1862

On April 23, 1840, I was married, aged seventeen; consequently on the 31st of March, 1862, I was thirty-nine. I saw a wedding to-day from my window, which opens on Trinity Church. Nanna Shand married a Doctor Wilson. Then, a beautiful bevy of girls rushed into my room. Such a flutter and a chatter. Well, thank Heaven for a wedding. It is a charming relief from the dismal litany of our daily song.

A letter to-day from our octogenarian at Mulberry. His nephew, Jack Deas, had two horses shot under him; the old Colonel has his growl, “That's enough for glory, and no hurt after all.” He ends, however, with his never-failing refrain: We can't fight all the world; two and two only make four; it can't make a thousand; numbers will not lie. He says he has lost half a million already in railroad bonds, bank stock, Western notes of hand, not to speak of negroes to be freed, and lands to be confiscated, for he takes the gloomiest views of all things.

SOURCE: Mary Boykin Chesnut, Edited by Isabella D. Martin and Myrta Lockett Avary, A Diary From Dixie, p. 158

John M. Forbes to William Cullen Bryant, August 24, 1861

Naushon, August 24,1861.

Yours of the 21st received. The objection which you suggest to Mr. H. is a very strong one. We need a man in the War Department who, when the right time comes, will not hesitate a moment to assail the weakest point of the enemy. Our Governor Andrew seemed to me to hit the nail on the head when he rebuked Butler for offering to put out any fire in the enemy's camp. The time has come when we can no longer afford to “make war with rose-water,” and it was a great mistake in Congress to limit the confiscation of property to that of rebels found in arms against us. All the property of open rebels should be forfeited the first week of the next Congress; this would enable us to proclaim emancipation in the border States with a fixed compensation for all valuable slaves belonging to loyal citizens, without a very large bill for Virginia.

I had hoped that H. was man enough to go in for such a measure and advocate it as a boon to the loyal citizens of Kentucky, Missouri, Maryland, and Delaware, putting it upon the ground of military necessity. If he is not up to this we don't want him; but it is not worth while to try to get rid of Cameron without at the same time making quite sure of a better man. You remember the old story of the trapped fox begging his friend the hawk not to drive off the half-sated swarm of flies only to give place to a new cloud of them — and hungry ones? I wish you would go a step further, and suggest a successor. Is there no one who could take Chase's place, and give him the War? I forget whether I suggested to you James Joy, of Detroit. He would do well for the War, better for the Interior, from his thorough knowledge of the West. Lincoln, Trumbull, Chandler, and all the Western men know him. He is the most able, decided, and plucky man that I know. How would Sherman do for the Treasury, and Chase for War?

As the matter stands now, the effort to displace Cameron will be coupled with one to put in H., and if the latter is not the right man, we had better rub along as we are, until the right man turns up. Governor Andrew has all the moral qualities; but he is perhaps too pronounced an anti-slavery man, and works too much upon details himself, not using other men. He would kill himself in the Cabinet. . . .

SOURCE: Sarah Forbes Hughes, Letters and Recollections of John Murray Forbes, Volume 1, p. 241-2

Abraham Lincoln to Major-General John C. Fremont, September 2, 1861

Private and confidential.

Washington D. C. Sept. 2, 1861.

Major General Fremont,

My dear Sir: Two points in your proclamation of August 30th give me some anxiety. First, should you shoot a man, according to the proclamation, the Confederates would very certainly shoot our best man in their hands in retaliation; and so, man for man, indefinitely. It is therefore my order that you allow no man to be shot, under the proclamation, without first having my approbation or consent.

Secondly, I think there is great danger that the closing paragraph, in relation to the confiscation of property, and the liberating slaves of traiterous owners, will alarm our Southern Union friends, and turn them against us.  perhaps ruin our rather fair prospect for Kentucky. Allow me therefore to ask, that you will as of your own motion, modify that paragraph so as to conform to the first and fourth sections of the act of Congress, entitled, “An act to confiscate property used for insurrectionary purposes,” approved August, 6th, 1861, and a copy of which act I herewith send you. This letter is written in a spirit of caution and not of censure

I send it by a special messenger, in order that it may certainly and speedily reach you.

Yours very truly

A. Lincoln

SOURCES: Roy P. Basler, editor, Collected Works of Abraham Lincoln, Volume 4, p. 508; A copy of this letter can be found in The Abraham Lincoln Papers at the Library of Congress

Abraham Lincoln to Major-General John C. Fremont, Wednesday, September 11, 1861

Washington, D. C. Sep. 11. 1861.

Major General John C. Fremont.

Sir: Yours of the 8th in answer to mine of 2nd Inst. is just received. Assuming that you, upon the ground, could better judge of the necessities of your position than I could at this distance, on seeing your proclamation of August 30th I saw perceived no general objection to it.

The particular clause, however, in relation to the confiscation of property and the liberation of slaves, appeared to me to be objectionable, in it's non-conformity to the Act of Congress passed the 6th of last August upon the same subjects; and hence I wrote you expressing my wish that that clause should be modified accordingly.  Your answer, just received, expresses the preference on your part, that I should make an open order for the modification, which I very cheerfully do.  It is therefore ordered that the said clause of said proclamation mentioned be so modified, held, and construed, as to conform to, and not to transcend, the provisions on the same subject contained in the Act of Congress entitled “An Act to confiscate property used for insurrectionary purposes” Approved, August 6. 1861; and that said act be published at length with this order.

Your Obt. Servt

A. Lincoln

SOURCE: Roy P. Basler, editor, Collected Works of Abraham Lincoln, Volume 4, p. 517-8; A copy of this letter can be found in The Abraham Lincoln Papers at the Library of Congress

Diary of Josephine Shaw Lowell: September 1, 1861

It was only confiscation, but that's better than nothing.

SOURCE: William Rhinelander Stewart, The Philanthropic Work of Josephine Shaw Lowell, p. 18

Senator James W. Grimes to Salmon P. Chase, July 29, 1862

Burlington, July 29, 1862.

I have now been at home ten days. Permit me to tell you what conclusions I have reached from my intercourse with the people of Iowa.

The people are far in advance of the Administration and of Congress in their desire for a vigorous prosecution of the war. They are unanimous for the confiscation bill, and execrate every man who opposed its passage, or who now opposes its stringent execution. There is but little disposition to enlist until it is known what the course of the Administration is to be on this subject.

I need not tell you that the expressions of confidence in the management of the President, his prudence, sagacity, etc., are in a measure enforced, and proceed from the confessed necessity of supporting him as the only tangible head of the loyal Government, and not from any real confidence in his wisdom. Rely upon it, if things drift along as at present, no volunteers will take the field, and the tax law will become so odious that it will require a larger army to enforce it than to put down the rebellion. Sixty days will determine whether we are longer to have a Government, and the Administration must decide it. It is folly to disregard the sentiment of the country in such a time as this — it is worse; it is wickedness. Either Mr. Lincoln disregards it, or else he willfully keeps himself in ignorance of it. Good men, the best we have, are beginning to utter expressions of despair; and they are not cowed by fear of the strength of the enemy, but by apparent weakness of our friends. I beg you not to be misled by the proceedings of war-meetings in our large towns. Volunteers will come when a “war policy” is declared and acted upon, and not to any considerable extent before. Speeches and resolutions will not bring them.

I thought I comprehended somewhat the popular sentiment before I left Washington. In this I was mistaken. It is far more ardent and extreme than even I ever supposed. It is nonsense to attempt to frighten the masses by the story that rigorous measures will “nail up the door against reconciliation of contending sections.” We have too much at stake, the Government is of too much value, too much of the best blood of the nation is calling to us for vindication, to justify us in neglecting any methods to put the rebellion down known to civilized warfare. Would to God every man connected with the Administration could travel incognito through the country, and get the true expression of the people on these subjects! Instead of getting a knowledge of that sentiment from impartial sources, it now comes to the President and his cabinet from newspapers edited by men in office, from applicants for place, from sycophants, and from cowards who dare not tell a man in power what he knows to be the truth, if he supposes it will be unpleasant to him.

I pray and hope, but I confess that my hope is becoming daily fainter and fainter. I know you will pardon this intrusion upon you. I felt that it was a necessity that I should let out my soul on this subject, and I know no one else to write to but you. I have written very frankly, but very honestly. I hope the country is not in so bad a condition as I fear it to be in. In my opinion, if wisdom rules the hour at Washington, a rigorous confiscation war policy will first be declared, and then a conscription of one hundred thousand men made at once. Men will not volunteer into the old regiments. One volunteer in an old regiment is worth three fresh men in a new regiment. A conscription of one hundred thousand men would be of more value to the country than three hundred thousand volunteers, and, of course, cost only one-third as much. But why should I advise?

SOURCE: William Salter, The Life of James W. Grimes, p. 215-6

Senator James W. Grimes to Elizabeth S. Nealley Grimes, May 22, 1862

I have a long letter from Captain Porter at New Orleans, and one from Commodore Foote, and one from his wife, also. Confiscation got the "go-by" to-day, not by my vote, however.

Stanton has been on the “rampage” again, and called out the militia. There has never been any danger here.

SOURCE: William Salter, The Life of James W. Grimes, p. 197

Governor Samuel J. Kirkwood to W. C. Sipple, Esq., January 18, 1862

Executive Office, Iowa,

January 18, 1862.

W. C. Sipple, Esq., President Board of Supervisors,

Sidney, Fremont County, Iowa:

Sir: — I have just received a communication from the Board over which you preside, touching the present unfortunate state of affairs in your county. I have already sent to your county my aid, Lieut.-Col H. C. Nutt, to investigate the situation of affairs and to take such steps as may be necessary to preserve the public peace. The condition of affairs on the southern border of your county is very unfortunate, and I intend to use all the means in my power to afford protection to our citizens. It has been suggested to me that the public peace has been jeopardized by these facts:

1st — That rebels and sympathizers from Missouri, who have made themselves peculiarly obnoxious to Union men there, by their outrageous conduct, have fled to this State and are now in your county with their property to avoid vengeance from those whom they formerly outraged.

2nd — That the same class of persons in Missouri, who cannot leave are sending their property into your county for protection from confiscation.

3rd — That these men have sympathizers in your county who harbor, these men and conceal their property.

4th — That the Union men in Missouri who have suffered from the outrages of these persons are thus tempted to invade our State for the purpose of punishing them. I have instructed Col. Nutt to investigate these alleged facts and report to me fully thereon. Should I find the allegations to be correct, I shall take measures to relieve your people from this difficulty. Whilst I intend to protect our people from outrage and invasion, I also intend that our State shall not be exposed to danger of both by becoming an asylum for rebels and their property. I trust I shall have your assistance in effecting this object, and that you will impress upon your citizens the impolicy of exposing themselves to the dangers they bring upon themselves and their neighbors, by harboring either rebels or their property.

The communication stated that Fred Rector, Esq., late acting County Judge of your county, had been authorized to organize the militia of your county, and “that when he had succeeded in organizing a sufficient force to protect the county he was, without any reason, deprived of his authority.”

This is a grave error. The reason that Judge Rector's authority was annulled was, that I was credibly informed that his loyalty to our government was doubted; that he was alleged to be of a class somewhat numerous in your county, whose sympathies are much stronger for rebels than Union men. No man whose position is not above suspicion on this point can receive any authority from me, if I know his position, or can retain it a moment longer than the knowledge reaches me, if I have the power to annull it. Col. Hedges of your county has been authorized to organize your militia, and I do not see any good reason why his authority should be revoked and given to Judge Hodges

Col. Hedges is represented to me as an efficient man, and his loyalty is undoubted. The State arms now in your county are in the hands of good and loyal men, and I do not see the necessity of placing them elsewhere. If there should be any further disturbance of the peace of your county, the men who now have the arms can use them as well as others.

Col. Nutt will, on request, exhibit his instructions. Any aid you can render him will no doubt be thankfully received.

Very respectfully,

SAMUEL J. KIRKWOOD.

SOURCE: Henry Warren Lathrop, The Life and Times of Samuel J. Kirkwood, Iowa's War Governor, p. 163-5

Congressman James A. Garfield to Corydon E. Fuller, February 9, 1864

House Of Representatives,

Washington, D. C, Feb. 9, 1864.

My Dear Corydon: —Yours of the 31st came duly to hand. I should be glad to be as prompt and punctual as in other days in answering your letters, but the crush of work in which I constantly find myself involved will not give me a solid moment that I can call my own. I grow weary, very weary, at the prospect of a life spent as I have been spending mine for the past five or six years. I have lived at home less than one year in the last three and a half, and it seems now as if my future gave no promise of home and rest this side the grave. I can not tell you how much I long to be once more free, and feel that a few days are my own to give to my own heart and to friendship; but it does not now look as though that time would ever come. The revolutionary times in which we are living will probably keep the whole of your life and mine in a whirl.

Your suggestions in reference to the excise law seem to be good and just. I will try to get them before the committee on that subject. There are no copies of Boutwell's book now left for distribution, but I may be able to find some of the old members who have a spare copy. If so, I will send it to you.

Give my love to Mary, and do excuse hasty and unworthy letters. I have sent you a copy of my speech on Confiscation.

Ever your brother,

J. A. Garfield.

SOURCE: Corydon Eustathius Fuller, Reminiscences of James A. Garfield: With Notes Preliminary and Collateral, p. 354

Jackson and Calhoun --- A Striking Picture

A scene at the White House in 1833, at the lodging of John C. Calhoun the same night, and death-bead scene at the Hermitage, were this graphically portrayed by Senator Cowan, of Pennsylvania, in the debate on the Confiscation Bill.  It is a very striking picture:–

MR. PRESIDENT:– If Calhoun had been executed for his treason in 1833, there would have been no rebellion now; and perhaps he came nearer his execution than most people are aware.  You will know the conspirators in South Carolina proceeded to the commission of the overt act.

Calhoun was the chief adviser.  General Jackson knew it well, and determined that the law should be put in execution against him; not against the poor misguided men that followed, but against the chief conspirator.  He had resolved on his prosecution and trial, and if convicted, his execution for treason.  He said that if he had an Attorney General that would not draw an indictment, he would find one that would.  Things were approaching the crisis.  Calhoun became aware of Jackson’s determination, and sent Letcher of Kentucky to confer with him on the subject, and to learn his real intentions.  He went to the President’s house.  It was already late at night.  The President received him with his usual courtesy; but, sir, that mild blue eye, which at times would fill with tears and overflow like that of a woman, was kindled up that night with unwonted fire.    He reasoned with him for a while, then paced the floor.  His indignation became fully aroused.  At times he stormed in passion towering and sublime, till rising in passion to is full height, his frame dilating and quivering, every feature flowing with the living fire within, with that oath which in him never seemed profane, but the struggle of a great soul to take hold of the Almighty for the strength of his purpose, he declared to Letcher that if another step was taken, by the Eternal, he would try Calhoun for treason, and if convicted, he would hang him on a gallows as high as Haman’s.

Letcher could not misunderstand his purpose.  He saw that he was terrible in earnest.  From that interview he hastened to the lodgings of Calhoun.  He had retired to his bed.

He knocked at his bed chamber and was admitted.  Calhoun received him sitting up in bed, with his cloak around him – Letcher detailed all that occurred, giving the entire conversation between him and Jackson and described the old hero as he took that oath.

There sat Calhoun, drinking in eagerly every word, and as Letcher proceeded, he became pale as death, and trembled like an aspen leaf.  Yes, sir, Calhoun, great as he was in intellect, quaked in his bed!  And for what?  Was it from fear or cowardice?  Ah, no.  It was the consciousness of guilt.  He was the arch traitor, who, like Satan in Paradise, brought death into the world and all our woe.  Within one week he came into the Senate, and voted for every section of Mr. Clay’s bill and Gen. Jackson was prevailed upon not to prosecute him for his crime.

I have been told, upon authority upon which I rely, that during the last days of Gen. Jackson at the Hermitage he was slowly sinking under the ravages of consumption – that mysterious disease, which while it wastes the body, leaves, if possible, the mind more clear, and nearer to inspiration – he had a conversation with his family physician and friend.

While lying upon his bed one day, and speaking of his past Administration, he inquired:

What act in my Administration, in your opinion, will posterity condemn with the greatest severity?

The Physician replied that he was unable to answer – that it might be the removal of the deposits.

Oh, no! said the General.

Then it may be the specie Circular?

Not at all!

What is it, then?

I can tell you, said he, rising up in his bed, his eyes kindaling up:  I can tell you.  Posterity will condemn me more because I was persuaded not to hang John C. Calhoun as a traitor than for any other act of my life.

Sir, does not this seen inspiration now?  If Calhoun, the originator of the conspiracy to dissolve the Union, and to build up the Southern Confederacy, had been executed for his reason, we would have had now rebellion now.

The greater part of the whole country which formerly produced the sea island cotton is now thoroughly restored to the Union.  The laborers are there – the soil and climate.  It needs only assurance of protection to revive the cultivation of the staple, as well as to produce vast quantities of corn and forage for our troops.  Since this war must be conducted by marches and battles and sieges, why neglect the best means to make them successful and their results permanent?  It is worthy of notice that thus far the portions of territory which once recovered we have most firmly held, are precisely those in which the greatest proportion of colored men are found.  By their assistance, our armies will be able permanently to operate in and occupy the country; and in labor for the army, in raising its and their own supplies, full occupation can be given them, and with this there will be neither occasion or temptation to them to emigrate to a northern and less congenial climate.

Judging by experience, no colored man will leave his home.  All possibility of competition from negro labor in the North is avoided in giving colored men protection and employment upon the soil which they have thus far cultivated, and the right to which has been vacated by the original proprietors, deeply involved in the crimes of treason and rebellion.  No great territory has been permanently reduced without depriving the leaders of its people of their land and property.  It is these that give power and influence.  Few men have commanding genius and talent to exercise dangerous influences over their fellow men without the adventitious aid of Money and property.  By striking down this system of compulsory labor which enables the leaders of the rebellion to control the resources of the people, the rebellion would die of itself.

– Published in The Union Sentinel, Osceola, Iowa, Saturday, October 17, 1862, p. 1.  The bottom of this page of the newspaper was torn diagonally from the lower left to the middle of the right.  This article was also published in the Ashtabula Weekly Telegraph, Ashtabula, Ohio, Saturday Morning, December 27, 1862, p. 1, and I have relied heavily on it to reconstruct this Union Sentinel article.

Shall Demagogues rule our Country?

The Democrat is puzzled.  It thinks it very strange if the Democratic party be dead, as some of its leaders have asserted, that republicans should kick its carcass.  It is true the old Democratic party is occasionally held up as a warning; that the civil war is instanced as the fruits of its policy in upholding slavery; and its most favored leader, now in retirement at Wheatland, pointed at as the man under whose administration the war was fomented; still it is not at that defunct political organization the blows of the republican party are aimed, but at the effort that is being made to resurrect it.  In the present distracted condition of the country the people of the North should be one in sentiment, one for the Union under all circumstances and not paralyze their strength by divisions among themselves.

If the Democratic party be dead, argues our neighbor, what the necessity of keeping up the Republican organization?  We answer, because it chimes with the popular sentiment of the North and the fact of its ceasing to exist would be taken as prima facie evidence that its principles were no longer entertained by the people, and the consequence would be, the immediate revival of the Democratic party on the broad basis of slavery as its foundation.  But as they are pro-slavery in principle, they hope with the aid received from the slaveholders of the South, after peace shall have been declared, to have a powerful political organization.  Hence, the leniency toward rebel slaveholders, which they constantly preach, their opposition to every enactment that favors the confiscation of rebel property, and their desire for compromise.  While they know that their party must be organized upon a slavery basis, they are not blind to the fact that it cannot receive much strength from the North, but must look for its element of power to the South.

It was the political demagogues of the South that seized upon the favorable moment to plunge our country into civil war.  Had the judgment of the people been consulted, there would have been no war.  So it is now with the same class of “rule or ruin” men, who, wishing for power, and regardless of the means of obtaining it, would combine the elements of treason into a political party, that they may be foisted into office.  If they succeed in their nefarious intentions our government will be founded upon Sicilian soil, liable at any moment to be disrupted by the internal fires of civil dissension.

Never in the history of our country has there been a time more favorable to the founding of our Republic upon a rock, against which the storms of party strife may beat without avail, then than the present.  If now the great question of human slavery – which contains within it the seeds of dissolution, and with which incorporated in it no nation can long exist on earth – be settled – the very God of Heaven will smile upon us, and we shall become the most prosperous and powerful people on the face of the globe.  But if we throw aside our present advantages, disregard our present opportunities, and permit ourselves to be ruled by a parcel of demagogues, who will fasten this incubus upon us, we will have gained nothing by civil war, and still continue to live under a Government possessing the same element of discord that came so near effecting our ruin.

– Published in The Davenport Daily Gazette, Davenport, Iowa, Thursday Morning, May 22, 1862, p. 2

Secession Ordinance of Kentucky

Whereas the Federal Constitution, which created the Government of the United States, was declared by the framers thereof to be the supreme law of the land and was intended to limit the powers of said Government to certain general specified purposes, and did expressly reserve to the States and people all other powers whatever; and the President and Congress have treated this supreme law of the Union with contempt, and usurped to themselves the power to interfere with the rights and liberties of the States and the people against the expressed provisions of the Constitution, and have thus substituted for the highest forms of rational liberty and constitutional government, a central despotism, founded upon the ignorant prejudices of the masses of Northern society, and, instead of giving protection with the Constitution to the people of fifteen States of this Union, have turned loose upon them the unrestrained raging passions of mobs and fanatics, and because we seek to hold our liberties, our property, our homes, and our families, under the protection of the reserved powers of the States, have blockaded our ports, invaded our soil, and waged war upon our people for the purpose of subjugating us to their will; and

Whereas our honor and our duty to posterity demand that we shall not relinquish our own liberty, and shall not abandon the right of our descendants and the world to the inestimable blessings of constitutional government: Therefore,

Be it ordained. That we do hereby forever sever our connections with the Government of the United States, and, in the name of the people, we do hereby declare Kentucky to be a free and independent State, clothed with all power to fix her own destiny and to secure her own rights and liberties; and

Whereas the majority of the legislature of Kentucky have violated their most solemn pledges, made before the election, and deceived and betrayed the people; have abandoned the position of neutrality assumed by themselves and the people, and invited into the State the organized armies of Lincoln; have abdicated the government in favor of the military despotism which they have placed around themselves, but can not control, and have abandoned the duty of shielding the citizens with their protection; have thrown upon our people and the State the horrors and ravages of war, instead of attempting to preserve the peace, and have voted men and money for the war waged by the North for the destruction of our constitutional rights; have violated the express words of the Constitution by borrowing five millions of money for the support of the war, without a vote of the people; have permitted the arrest and imprisonment of our citizens and transferred the constitutional prerogatives of the executive to a military commission of partisans; have seen the right of habeas corpus suspended without an effort for its preservation, and permitted our people to be driven in exile from their homes; have subjected our property to confiscation, and our persons to confinement in the penitentiary as felons, because we may choose to take part in a contest for civil liberty and constitutional government against a sectional majority waging war against the people and institutions of fifteen independent States of the old Federal Union, and have done all these things deliberately against the warnings and vetoes of the governor and the solemn remonstrances of the minority in the senate and house of representatives: Therefore,

Be it further ordained, That the unconstitutional edicts of a factious majority of a legislature thus false to their pledges, their honor, and their interests, are not law, and that such government is unworthy of the support of a brave and free people; and that we do therefore declare that the people are thereby absolved from all allegiance to said government, and that they have a right to establish any government which to them may seem best adapted to the preservation of their rights and liberties.

Section 1. The supreme executive and legislative power of the provisional government of this Commonwealth, hereby established, shall be vested in a governor and ten councilmen, one from each of the present Congressional districts, a majority of whom shall constitute a quorum to transact business. The governor and councilmen to be elected by the members of this convention in such manner as this convention may prescribe.

Sec. 2. The governor and council are hereby invested with full power to pass all laws necessary to effect the objects contemplated by the formation of this government. They shall have full control of the army and navy of this Commonwealth, and the militia thereof.

Sec 3. No law shall be passed, or act done, or appointment made, either civil or military, by the provisional government, except with the concurrence of a majority of the council and approval of the governor, except as herein specially provided.

Sec. 4. In case of a vacancy in the gubernatorial office, occasioned by death, resignation, or any other cause, the council shall have power to elect a governor, as his successor, who shall not, however, be a member of their own body.

Sec. 5. The council hereby established shall consist of one person selected from each Congressional district in the State, to lie chosen by this convention, who shall have power to fill all vacancies from any cause from the district in which such vacancy shall occur.

Sec. 6. The council shall have power to pass any acts which they may deem essential to the preservation of our liberty and the protection of our rights, and such acts, when approved by the governor, shall become law, and as such shall be sustained by the courts and other departments of the government.

Sec. 7. The governor shall nominate, and, by and with the advice and consent of the council, shall appoint all judicial and executive and other officers necessary for the enforcement of law and the protection of society under the extraordinary circumstances now existing, who shall continue in office during the pleasure of the governor and council, or until the establishment of a permanent government.

Sec. 8. The governor shall have power, by and with the consent and advice of the council, to conclude a treaty with the Confederate States of America, by which the State of Kentucky may be admitted as one of said Confederate States upon an equal footing in all respects with the other States of said Confederacy.

Sec. 9. That three commissioners shall be appointed by this convention to the Government of the Confederate States of America, with power to negotiate and treat with said Confederate States for the earliest practicable admission of Kentucky into the Government of said Confederate States of America, who shall report the result of their mission to the governor and council of this provisional government, for such future action as may be deemed advisable, and, should less than the full number attend, such as may attend may conduct such negotiation.

Sec. 10. So soon as an election can be held, free from the influence of the armies of the United States, the provisional government shall provide for the assembling of a convention to adopt such measures as may be necessary and expedient for the restoration of a permanent government. Said convention shall consist of one hundred delegates, one from each representative district in the State, except the counties of Mason and Kenton, each of which shall be entitled to two delegates.

Sec. 11. An auditor and treasurer shall be appointed by the provisional government, whose duties shall be prescribed by law, and who shall give bond with sufficient security for the faithful discharge of the duties of their respective offices, to be approved by the governor and council.

Sec. 12. The following oath shall be taken by the governor, members of the council, judges, and all other officers, civil and military, who may be commissioned and appointed by this provisional government: "I, _____, do solemnly swear (or affirm), in the presence of Almighty God, and upon my honor, that I will observe and obey all laws passed by the provisional government of Kentucky. So help me God.""

Sec. 13. The governor shall receive, as his salary, $2,000 per annum, and the councilmen, $6 per diem, while in session, and the salary of the other officers shall be fixed by law.

Sec. 14. The constitution and laws of Kentucky, not inconsistent with the acts of this convention, and the establishment of this government, and the laws which may be enacted by the governor and council, shall be the laws of this State.

Sec. 15. That whenever the governor and council shall have concluded a treaty with the Confederate States of America, for the admission of this State into the Confederate Government, the governor and council shall elect two Senators, and provide by law for the election of members of the House of Representatives in Congress,

Sec. 16. The provisional government hereby established shall be located at Bowling Green, Ky., but the governor and council shall have power to meet at any other place that they may consider appropriate.

Done at Russellville, in the State of Kentucky, this 20th day of November, in the year of our Lord 1861.

(Signed)

H. C. BURNETT,

President of the convention, and member from Trigg County.

R. McKEE,

Secretary, and member from Louisville.

T. L. BURNETT,

Assistant secretary, and member from Spencer County.

T. S. BRYAN,

Assistant secretary, and member from Christian County.

W. M. COFFEE, of Ballard County.

A. D. KINGMAN.

W. J. LUNSFORD.

3. J. CUNNINGHAM, of Grayson County.

JOHN J. GREEN.

J. P. BURNSIDE.

GEORGE W. MAXSON.

ROBERT S. FORD, of Hardin County.

WILLIAM JOHNSTON, of Hardin County.

WILLIAM W. THOMPSON, of Hart County.

W. S. SHOWDY, of Hart County.

J. J. GROVES, of Hart County.

J. W. CROCK KTT, of Henderson County.

B. W. JENKINS, of Henry County.

L. M. LOWE, of Hopkins County.

GREEN MALCOLM, of Jefferson County.

B. K. IIORNSBY, of Jefferson County.

WILLIAM K. DANIEL, of Jessamine County.

D. P. BUCKNER, of Kenton County.

C. BENNETT, of Livingston County.

C. N. PENDLETON, of Logan County.

JAMES M. BEALL, of Logan County.

JOHN W. MALONE, of Logan County.

E. D. RICKETTS, of Louisville, First district.

J. A. PENTON, of Louisville, Second district.

GEORGE P. TALBOT, of Louisville, Third district.

J. G. P. HOOE, of Louisville, Fourth district.

H. W. BRUCE, of Louisville, Fourth district.

R. McKEE, of Louisville, Fourth district.

R. L. COBB, of Lyon County.

WILLIS B. MACHKN, of Lyon County.

GEORGE R. MERRITT, of Lyon County.

J. C. GILBERT, of Marshall County.

WILLIAM E. RAY, of Marion County.

L. M. RAY, of Marion County.

MICHAEL McARTY, of Marion County.

JOHN BURNAM, of Warren County.

J. H. D. McKEE, of Anderson County.

JAMES A. McBRAYER, of Anderson County.

W. TOWSLEY, of Ballard County.

J. P. BATES, of Barren County.

R. W. THOMAS, of Barren County.

N. A. SMITH, of Barren County.

W. K. EDMUNDS, of Barren County.

C. W. PARRISH, of Barren County.

J. W. EYARTS, of Barren County.

WILLIAM F. BELL, of Barren County.

S. S. SCOTT, of Barren County.

W. R. CUNNINGHAM, of Bourbon County.

SAMUEL H. McBRIDE, of Boyle County.

DORSEY B. BOWERS.

WILLIAM N. GAITHER.

JAMES W. MOORE.

HARDY S. LYPERT.

L. K. CHILTON.

JOHN J. THOMAS.

ROBERT McKEE.

STEPHEN EDWARDS.

P. C. BARNETT.

D. MATHEWSON, of Galloway County.

P. S. HAMLIN, of Galloway County.

T. M. JONES, of Galloway County.

ALEXANDER WESSON, of Galloway County.

FRANCIS W. DODDS, of Galloway County.

WILLIAM T. MATHES, of Galloway County.

C. A. DUNCAN, of Galloway County.

A. J. HOLLAND, of Galloway County.

H. L. GILTNER, of Galloway County.

THOMAS T. BARRETT.

ROBERT J. BRECKINRIDGE.

J. S. GIBBON.

R. B. ALEXANDER.

E. R. WOODWARD, of Metcalfe County.

E. M. BRUCE, of Nicholas County.

J. J. CONOVER, of Owen County.

OWEN DORSEY, of Oldham County.

GEORGE W. JOHNSON, of Scott County.

A. KEENE RICHARDS, of Scott County.

WILLIAM B. CLARK, of Simpson County.

B. W. WILLIAMS, of Simpson County.

T. L. BURNETT, of Spencer County.

J. A. RUSSELL, of Todd County.

W. B. HARRISON, of Todd County.

G. LINE, of Todd County.

H. H. POSTON, of Trigg County.

W. H. MURTRIE, of Trigs County.

ROBERT WOLDRIDGE, of Trigg County.

ANDREW CUNNINGHAM, Jr., of Trigg County.

J. Y. NEWKIRK, of Trimble County.

WILLIAM D. RAY.

WILLIAM J. PAYNE, of Union County.

S. D. BLACKBURN, of Warren County.

SANDFORD LYNE, of Woodford County.

JOHN W. ARNETT.

ROBERT A. BRECKENRIDGE, of Washington County.

WARREN LYTTLETON JENKINS, of Webster County.

THOMAS S. BRYAN, of Christian County.

J. F. BELL, of Galloway County.

A. R. BOONE, of Graves County.

H. M. ROSE, of Graves County.

J. A. PERTLE, of Graves County.

J. D. SCAFF, of Graves County.

JOHN RIDGWAY, of Graves County.

BLANTON DUNCAN, of Louisville.

PHILIP B. THOMPSON, of Mercer County.

Z. McDANIEL, of Monroe County.

W. N. WAND, of Muhlenburgh County.

A. F. WILLIAMS, of McCroskin County.

JOHN M. JOHNSON, of McCroskin County.

WILLIAM G. BULL1TT, of McCroskin County.

H. H. HUSTON, of McCroskin County.

JOHN Q. A. KING, of McCroskin County.

WILLIAM E. MINER, of Nelson County.

JOHN C. BRODHEAD, of Nelson County.

JOHN J. DENNIS, of Calhoun, McLean County.

J. L. GREGORY, of Calhoun, McLean County.

SOURCE: Journal of the Congress of the Confederate States of America, Vol. 1, p. 537-40