Sickles Trial, published April 28, 1859

 We continue our brief synopsis of the evidence in this trial.

On Wednesday, April 20^th, Mr. Wooldridge was examined by the prosecution. No fact of interest was elicited.

“Albert A. Megaffey examined by Mr. Brady. I reside in the city of Washington; I knew the late Mr. Key; was acquainted with him from January or February, 1858; was tolerable intimate with him; I was a member of the club up to the time of its dissolution, and met Mr. Key there.

“Ques. Did you at any time have a conversation with Mr. Key in reference to Mrs. Sickles?”

“Witness. I did.

“Mr. Carlisle. Stop a moment.

“Mr. Brady.  We don’t ask the witness to state the conversation. When did the conversation take place?”

“Witness. In June, 1858; I had a subsequent conversation on that subject the day or two immediately preceding the Napier ball, which was on the 17^th of February; recollect it from something that occurred at the ball between Mr. Key and myself; never had a regular set conversation with him about the matter but these two; but I have referred to it three or four times when I met him.

“Mr. Brady. I desire you to state this conversation.

“District Attorney. We object.

“Mr. Brady. We propose to prove by this witness:

“First. That shortly before the decease of Mr. Key, the witness had noticed certain conduct on his part towards Mrs. Sickles, which led him to suggest to Mr. Key that the latter was observed to be over-attentive to her, in answer to which Mr. Key remarked that he had a great friendship for her, that he considered her a child, and hat paternal feelings towards her, and he repelled indignantly the idea of having any but kind and fatherly feeling towards her.

“Second. That at a subsequent conversation in relation to the same subject, the witness suggested to Mr. Key that he might get into danger or difficulty about the matter; Mr. Key laid his hand on the left breast of his coat, and said, ‘I am prepared for any emergency.’

“Mr. Ould argued that evidence of these conversations was inadmissible.

“The Court did not perceive how this evidence tended to the establishment of any point involved in the controversy in this case. It seemed that some of the declarations of the deceased were made in last June, and that the last we made on the 17^th of February last. How that tended to prove that the deceased was armed on the 27^th of February, some ten days later, did not strike the court. Another ground on which it was not admissible was, that it was offered to excuse the conduct of the accused, on the ground that he had a right to suppose the deceased was armed. The court did not think the question of his being armed on the particular day when this witness conversed with him had anything to do with that either, as it was not proposed to show, nor was there any evidence to show that the conversation between this witness and Mr. Key had ever been communicated to Mr. Sickles by this witness or any other Party.

“The court could not look upon this evidence as admissible.

“John McDonald was called, and answered substantially as follows: I was footman for Mr. Sickles. On the Thursday preceding Mr. Key’s death, while Mrs. Sickles was driving in the carriage, we met Mr. Key at the houses of Secretary Brown and Secretary Thompson, and at the flower house on the avenue. At the latter place, Mr. Key leaned into the carriage, and, looking into Mrs. Sickles’s face, asked her if she was going to the hop at Willard’s. Mrs. Sickles said, ‘I am going if Dan will let me.” He got in, and we rode round awhile. I let Mr. Key out in Fifteenth street. I then drove Mrs. Sickles home.

“To Mr. Ould. It was on Thursday, at about four o’clock, that I let Mr. Key out at the corner of Fifteenth street.

“This closed the evidence on the part of the defence.

“Mr. Ould, the District Attorney, said, that inasmuch as the evidence of adulterous intercourse has been admitted, he was prepared to admit the truth of the confession of Mrs. Sickles, and allow it to go before the jury as evidence.

“Considerable discussion here ensued between counsel for the prosecution, disclaiming that they had anything to do with the publication of the confession, and Mr. Brady regretting that it had been published.

“Hon. George H. Pendleton, member of Congress from Ohio, was called by the prosecution in rebuttal. He testified that he, in company with Charles Jones, had visited the house in Fifteenth street after the death of Key, but he had never had any participation in the removal of the lock from the house.

“Several cards, letters, &c., were produced and identified, but at the request of the prisoner, the names of the persons on the cards were not made public.

“Before leaving the stand, Mr. Pendleton addressed the Court, and said that any statement that had been made, of his having attempted to defeat the ends of Justice in this case was infamously false.

“Charles Lee Jones, Esq., testified to accompanying Mr. Pendleton to the house, but he knew nothing at all of the lock having been taken off. The witness was cross-examined by Mr. Brady and an exciting scene ensued on his being asked if he had not been assisting the prosecution. He said Mr. Key was one of his dearest friends, and he should always revere his memory.”

Thursday, Mr. Doyle, and other witnesses testified as to the disposition of the papers found on the person of Mr. Key at the time of his death, and particularly as to a letter written in cipher. The evidence seemed not to be very material, and we shall therefore pass it over.

The defence complained that these papers had been in possession of Mr. Carlisle, who assisted the prosecution, when they should have been furnished the prisoner’s counsel.

Several witnesses testified as to the condition of Mr. Sickles at the time of and immediately subsequent to the homicide. They differed among themselves; but, for the most part, their evidence tended to show that Mr. S. was perfectly cool and self-possessed. This account differed entirely from that of Governor Walker, Bridget Duffy, Wooldridge, and others, called by the defence.

Mayor Berret was at Sickles’s immediately after the homicide. He testifies that “Sickles and Walker went into the parlor, and witness followed, thinking it proper to be present. They remained there some five or ten minutes, and then returned to the library, and, after some conversation, left for the jail. While in the parlor, Sickles discovered Walker, and said, “A thousand thanks to you, my friend, for calling,” and spoke of his child and his house being dishonored. He then sat on the sofa, and wept heartily; witness recommended to him to compose himself, and he did so, and we soon after left. This burst of grief lasted four or five minutes—perhaps more. He made a noise indicative of deep grief; can best describe it as a hearty cry, accompanied by sobbing, which could have been heard all over this room. There were no other indications than those that ordinarily accompany a hearty burst of grief. Witness left with them for the jail. No such manifestations were made on the way to jail. He seemed to be restive and excited on account of the crowd, and witness remarked to him that he had better not observe the crowd. He once or twice passed salutations with persons on the street by the usual gesture. Don’t know to whom these salutations were particularly addressed. Left shortly after the examination at the jail, which was brief. During this examination, Sickles was composed; witness did not see any exhibition of grief at the jail such as he has described.

“To Mr. Brady. He certainly made a strong effort to become tranquil when witness suggested the importance of it, in view of the crowd through which he had to pass.”

In the morning of this day, Judge Crawford stated that he had received a letter direct to Mr. Wilson, one of the jurors, and that, if there was no objection, he would hand it to him. This was assented to on both sides, and the juror was permitted to open and read it. The juror immediately returned the letter to the court, remarking that he had no knowledge of the author, and that it was not proper for him to receive it. The judge then read the letter, and found that it related to the trial going on before the court. He thought that the author should be detected and punished, and proposed to place the letter in the hands of the District Attorney, which was agreed to.

The reporters for the Associated Press say of the letter in cipher, that it has been translated by Mr. Charles Howard, of Baltimore, a brother-in-law of Mr. Key, and that it purports to be a love letter from Mrs. Sickles to Mr. Key. This, however, is a surmise.

Friday, Messrs. John L. Dubrow and Edward Delafield testified that they saw Sickles about the time of the homicide, and thought him rather cool than otherwise, under the circumstances.

“Charles F. Lewis testified: is connected with the office of the Congressional Globe: has with him the manuscript of the speeches made in the House of Representatives on Friday and Saturday previous to the killing of Key; the reporters were Messrs. Hays, Hinks, now in court, and Messrs. Andrews, and McElhone, who are not here. [Mr. Smith, one of the reporters, was here requested to examine the bundles of copy, and select that of the speeches made by Mr. Sickles on the days named.] Mr. Brady remarked that the defence were here perfectly willing to admit that Mr. S. did make five-minutes speeches on the days named, but at the time these speeches were made he was under the impression that the charges against his wife were untrue.”

Mr. Carlisle for the prosecution stated that the evidence on that side was now closed, except two witnesses, who had been called to testify on the point of insanity.

“Judge Crawford decided to wait till to-morrow morning for the missing witnesses, and informed the District Attorney that the Court could not possibly wait longer for them.” Mr. Brady stated that the counsel on both sides had agreed to furnish each other with their instructions this afternoon. They could thus be examined at leisure, and both parties come into court to-morrow, fully prepared to make very brief arguments. By this mode time would be gained instead of being lost, and the trial brought to a close much sooner than otherwise.”

The following are the instructions to the jury prepared by the prosecution:

“If the jury believe, from the whole evidence in this cause, that the prisoner, on the day named in the indictment, and in the County of Washington aforesaid, killed the said Philip Barton Key, by discharging at, against and into the body of him, the said Philip Barton Key, a pistol or pistols loaded with gunpowder and ball, thereby giving him a mortal wound or wounds, and that such killing was the wilful [sic]and intentional act of the prisoner; and that said act was induced by the belief that the said deceased had seduced his, the prisoner’s wife, and on some day or days, or for any period, definite or indefinite, prior to the day of such killing, had adulterous intercourse with the said wife; and that the prisoner was not provoked to such killing by any assault or offer of violence, then and there made by the deceased upon or against him, then such wilful and intentional killing, if found by the jury upon all the facts and circumstances given in evidence, is murder. But such killing cannot be found to have been wilful and intentional, in the sense of this instruction, if it shall have been proven to the satisfaction of the jury, upon the whole evidence aforesaid, that the prisoner was in fact insane at the time of such killing.”

Saturday, Ex-Senator Brodhead, of Pennsylvania, was called as a witness by the prosecution. He testified that he was at Judge Black’s when Mr. Sickles arrived there, immediately after killing Key. Sickles was introduced to Mr. Haldeman, who entered into a conversation with him upon Pennsylvania and New York politics. Nothing was said by Sickles in reference to the shooting affair at the time, until the police arrived, when he inquired if the case were bailable; and said that, if the facts were known, “God knows I would be justified,” or “I could not help it.”

This closed the evidence on the part of the prosecution.

The Following are the instructions to the jury prepared by the prisoner’s counsel:

“First. There is no presumption of malice in this case, if any proof of “alleviation, excuse, or justification, arise out of the evidence for the prosecution. [State vs. Johnson, vol. 3, Jones, page 266; McDaniel vs. State, vol. 8, Smead’s and Marshall’s page 401; Day’s Case 17 of pamphlet.]

“Second. The existence of malice is not presumable in this case, if, on any rational theory consistent with all the evidence the homicide was either justifiable, excusable, or an act of manslaughter. [Same cases as above cited; United States vs. Mingo, Vol. 2, Curtis C. C. R. I., Commonwealth vs. New York; Vol. 2, Bennett and Heard, Leading Criminal Cases, page 505.]

“Third. If, on the whole evidence presented by the prosecution, there is any rational hypothesis consistent with the conclusion that the homicide was justifiable or excusable, the defendant cannot be convicted.

“Fourth. If the jury believe that Mr. Sickles, when the homicide occurred, intended to kill Mr. Key, he cannot be convicted of manslaughter.

“Fifth. It is for the jury to determine, under all circumstances of the case, whether the act charged upon Mr. Sickles is murder of justifiable homicide. [Ryan’s Case, 2; Wheeler’s Criminal Cases, 54.]

“Fifth. It is for the jury to determine, under all the circumstances of the case, whether the act charged upon Mr. Sickles is murder or justifiable homicide. [Ryan’s Case, 2; Wheeler’s Criminal Cases, 54.]

“Sixth. If the jury find that Mr. Sickles killed Mr. Key while the latter was in criminal intercourse with the wife of the former, Mr. Sickles cannot be convicted of either murder or manslaughter.

“Seventh. If, from the whole evidence, the jury believe that Mr. Sickles committed the act, but, at the time of doing so, was under the influence of a diseased mind, and was really unconscious that he was committing a crime, he is not in law guilty of murder. [Day’s Case, pamphlet, page 9.]

“Eighth. If the jury believe that, from any predisposing cause, the prisoner’s mind was impaired, and at the time of killing Mr. Key he became or was mentally incapable of governing himself in reference to Mr. Key, as the debauchee of his wife, and at the time of his committing said act was, by reason of such cause, unconscious that he was committing a crime as to said Mr. Key, he is not guilty of any offence whatever. [Day’s Case, pamphlet, page 17.]

“Ninth. It is for the jury to say what the state of the prisoner’s mind as to the capacity to decide upon the criminality of the particular act in question—the homicide—at the moment it occurred, and what was the condition of the parties, respectively, as to being armed or not, at the same moment.

“These are open questions for the jury, as are any other questions that may arise upon the consideration of the evidence, the whole of which is to be taken in view by the jury. [Jarboe’s Case, pamphlet, page 20.]

“Tenth. The law does not require that the insanity which absolves from crime should exist for any definite period, but only that it exist at the moment when the act occurred with which the accused stands charged.

“Eleventh. If the jury have any doubt as to the case, either in reference to the homicide or the question of sanity, Mr. Sickles should be acquitted.”

Mondy—occupied in argument by counsel.

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Mr. Sickles Acquitted.—We are gratified to announce that Mr. Sickles has been acquitted. The jury remained out but half an hour, and when the verdict was announced, the sympathies of the large audience burst forth in shouts of applause. Mr. Sickles came out accompanied by his friends, and was received but the dense throng with renewed applause. He immediately got into his carriage and drove to his house, followed by the excited crowd.

SOURCE: The National Era, Washington, D. C., Thursday, April 28, 1859, p. 2

Diary of George Mifflin Dallas, February 2, 1861

A slight solace to one's anxieties about home is found in the circumstances brought by successive steamers during the week. 1. The proposition of Mr. Crittenden, or "The Border States," seems growing into favour. 2. There was a large minority on the question of secession before next 4th of March in the Georgia Convention. 3. The Alabama members of Congress have been instructed not to quit, but to wait further advices. 4. The South Carolina Commissioner, Colonel Hayne, has suspended his demand for the evacuation of Fort Sumter. 5. Charleston is suffering greatly from want of supplies. 6. Major Anderson is universally applauded. 7. Virginia has adopted as satisfactory the compromise of Crittenden. 8. Financial affairs are improving; the United States stock rose one per cent.

There would seem to be a most extraordinary departure from the chivalric honour in public life which has heretofore characterized Southern gentlemen in the disloyal treachery with which Cobb, Floyd, Thomson, Thomas, and Trescott have pursued secession in the very penetralia of Mr. Buchanan's Cabinet. Nothing can relieve them from the charge of deceit and treachery but their having apprised the President, on entering his counsels, that, instead of recognizing as paramount their allegiance to the Union, they were governed by "a higher law" of duty to Georgia, Virginia, Mississippi, Maryland, and South Carolina respectively.

Persigny, recently appointed to the Ministry of the Interior in Paris, made a popularity-seeking plunge at his outset in relaxing restrictions on the Press. Suddenly he has turned a corner; giving, three days ago, an "avertissement" to the Courrier de Dimanche, and arbitrarily ordering the offensive writer, Ganeseo, out of the Kingdom! He says that Ganeseo is a foreigner, and cannot be allowed to criticise the principle of the Imperial Government.

SOURCE: George Mifflin Dallas, Diary of George Mifflin Dallas, While United States Minister to Russia 1837 to 1839, and to England 1856 to 1861, Volume 3, p. 432-3

Diary of Gideon Welles: May 2, 1865

A very protracted session of the Cabinet. The chief subject was the Treasury regulations. There was unanimity, except McCulloch, who clings to the schemes of Chase and Fessenden. The latter can, however, hardly be said to have schemes of his own. But the policy of Chase and his tools, which F. adopted, is adhered to by McCulloch, who is new in place and fears to strike out a policy of his own. He fears to pursue any other course than the one which has been prescribed.

McCulloch is a correct man in business routine but is not an experienced politician or educated statesman. He wants experience in those respects, and needs grasp and power to extricate himself from among a rotten and corrupt swarm of leeches who have been planted in the Treasury. Some legal points being raised, the subject was referred to Attorney-General Speed to examine and report.

Stanton produced a paper from Judge-Advocate-General Holt, to the effect that Jeff Davis, Jacob Thompson, Sanders,¹ and others were implicated in the conspiracy to assassinate President Lincoln and others. A proclamation duly prepared was submitted by Stanton with this paper of Holt, which he fully indorses, offering rewards for their apprehension. McCulloch and Hunter, whose opinions were asked, went with Stanton without a question. I, on being asked, remarked if there was proof of the complicity of those men, as stated there was, they certainly ought to be arrested, and that reward was proper, but I had no facts.

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¹ George N. Sanders, a Confederate agent in Canada.

SOURCE: Gideon Welles, Diary of Gideon Welles, Secretary of the Navy Under Lincoln and Johnson, Vol. 2: April 1, 1864 — December 31, 1866, p. 299-300

Diary of Gideon Welles: Monday, April 3, 1865

Intelligence of the evacuation of Petersburg and the capture of Richmond was received this A.M., and the city has been in an uproar through the day.

Most of the clerks and others left the Departments, and there were immense gatherings in the streets. Joy and gladness lightened every countenance. Secessionists and their sympathizers must have retired, and yet it seemed as if the entire population, the male portion of it, was abroad in the streets. Flags were flying from every house and store that had them. Many of the stores were closed, and Washington appeared patriotic beyond anything ever before witnessed. The absence of the Assistant, Chief Clerk, and Solicitor compelled my attendance until after 3 P.M. close of mail.

Attorney-General Speed and myself met by agreement at Stanton's room last night at nine, to learn the condition of affairs with the armies. We had previously been two or three times there during the day. It was about eleven before a dispatch was received and deciphered. The conversation between us three was free, and, turning on events connected with the Rebellion, our thoughts and talk naturally traveled back to the early days of the insurrection and the incipient treason in Buchanan's cabinet. Stanton became quite communicative. He was invited, as I have previously understood, through the influence of Black. Says Buchanan was a miserable coward, so alarmed and enfeebled by the gathering storm as to be mentally and physically prostrated, and he was apprehensive the President would not survive until the fourth of March. The discussion in regard to the course to be pursued towards Anderson and the little garrison at Sumter, became excited and violent in December, 1860. On the 27th or 29th of that month there were three sessions of the Cabinet in council. Sitting late at night, Buchanan, wrapped in an old dressing-gown or cloak, crouched in a corner near the fire, trembled like an aspen leaf. He asked what he should do. Declared that Stanton said he ought to be hung and that others of the Cabinet concurred with him. This, Stanton said, grew out of his remarks that if they yielded up Sumter to the conspirators it was treason, and no more to be defended than Arnold's. In the discussion Holt was very emphatic and decided in his loyalty, Toucey the most abject and mean. When called upon by the President for his opinion, Toucey said he was for ordering Anderson to return immediately to Fort Moultrie. He was asked if he was aware that Moultrie was dismantled, and replied that would make no difference, Anderson had gone to Sumter without orders, and against orders of Floyd, and he would order him back forthwith. Stanton says he inquired of Toucey if he ever expected to go back to Connecticut after taking that position, and Toucey said he did, but asked Stanton why he put the question. Stanton replied that he had inquired in good faith, that he might know the character of the people in Connecticut or Toucey's estimate of them, for were he, S., to take that position and it were known to the people of Pennsylvania, he should expect they would stone him the moment he set foot in the State, stone him through the State, and tie a stone around his neck and throw him in the river when he reached Pittsburg. Stanton gives Toucey the most despicable character in the Buchanan cabinet, not excepting Floyd or Thompson.

SOURCE: Gideon Welles, Diary of Gideon Welles, Secretary of the Navy Under Lincoln and Johnson, Vol. 2: April 1, 1864 — December 31, 1866, p. 272-4

Clement C. Clay Jr. to Judah P. Benjamin, August 11, 1864

SAINT CATHERINES, CANADA WEST,            

August 11, 1864.

Hon. J. P. BENJAMIN,

Secretary of State Confed. States of America, Richmond, Va.:

SIR: I deem it due to Mr. Holcombe and myself to address you in explanation of the circumstances leading to and attending our correspondence with Hon. Horace Greeley,* which has been the subject of so much misrepresentation in the United States, and, if they are correctly copied, of at least two papers in the Confederate States.

We addressed a joint and informal note to the President on this subject, but as it was sent by a messenger under peculiar embarrassments it was couched in very guarded terms and was not so full or explicit as we originally intended or desired to make it. I hope he has already delivered it and has explained its purpose and supplied what was wanting to do us full justice.

Soon after the arrival of Mr. Holcombe, Mr. Thompson, and myself in Canada West it was known in the United States and was the subject of much speculation there as to the object of our visit. Some politicians of more or less fame and representing all parties in the United States came to see Mr. Holcombe and myself—Mr. Thompson being at Toronto and less accessible than we were at the Falls—either through curiosity or some better or worse motive.

They found that our conversation was mainly directed to the mutual injury we were inflicting on each other by war, the necessity for peace in order to preserve whatever was valuable to both sections, and probability of foreign intervention when we were thoroughly exhausted and unable to injure others, and the dictation of a peace less advantageous to both belligerents than they might now make if there was an armistice of sufficient duration to allow passion to subside and reason to resume its sway.

In the meantime Mr. George N. Sanders, who had preceded us to the Falls, was addressing, directly or indirectly, his ancient and intimate party friends and others in the United States supposed to be favorably inclined, assuring them that a peace mutually advantageous to the North and the South might be made, and inviting them to visit us that we might consider and discuss the subject. He informed us that Mr. Greeley would visit us if we would be pleased to see him. Believing from his antecedents that he was a sincere friend of peace, even with separation if necessary, we authorized Mr. Sanders to say that we would be glad to receive him. Mr. Greeley replied, as we were told, through Mr. Jewett, who had been an active and useful agent for communicating with citizens of the United States, that he would prefer to accompany us to Washington City to talk of peace, and would do so if we would go. We did not then believe that Mr. Greeley had authorized this proposal in his name, for neither we nor Mr. Sanders had seen it in any telegram or letter from Mr. Greeley, but had it only from the lips of Mr. Jewett, who is reported to be a man of fervid and fruitful imagination and very credulous of what he wishes to be true. Notwithstanding, after calm deliberation and consultation we thought that we could not in duty to the Confederate States decline the invitation, and directed Mr. Sanders to say that we would go to Washington if complete and unqualified protection was given us.

We did not feel authorized to speak for Mr. Thompson, who was absent, and we moreover deemed it necessary that he or I should remain here to promote the objects that the Secretary of War had given us and another in charge.

Mr. Sanders responded in his own peculiar style, as you have seen, or will see by the inclosed copy of the correspondence, which was published under my supervision.† We did not expect to hear from Mr. Greeley again upon the subject, and were greatly surprised by his note from the U.S. side of the Falls, addressed to us as “duly accredited from Richmond as the bearers of propositions looking to the establishment of peace.”

How or by whom that character was imputed to us we do not know. We suspect, however, that we are indebted for the attribution of the high and responsible office to Mr. Jewett, or to that yet more credulous and inventive personage, Dame Rumor. Certainly we are not justly chargeable with having assumed or affected that character, or with having given any one sufficient grounds to infer that we came clothed with any such powers. We never sought or desired a safe-conduct to Washington, or an interview with Mr. Lincoln. We never proposed, suggested, or intimated any terms of peace to any person that did not embrace the independence of the Confederate States. We have been as jealous of the rights, interest, and power of our Government as any of its citizens can be, and have never wittingly compromised them by act, word, or sign. We have not felt it our duty to declare to all who have approached us upon the subject that reunion was impossible under any change of the Constitution or abridgment of the powers of the Federal Government. We have not dispelled the fond delusion of most of those with whom we have conversed—that some kind of common government might at some time hereafter be re-established. But we have not induced or encouraged this idea. On the contrary, when obliged to answer the question—“Will the Southern States consent to reunion?”—I have answered:

Not now. You have shed so much of their best blood, have desolated so many homes, inflicted so much injury, caused so much physical and mental agony, and have threatened and attempted such irreparable wrongs, without justification or excuse, as their believe, that they would now prefer extermination to your embraces as friends and fellow-citizens of the same government. You must wait till the blood of our slaughtered people has exhaled from the soil, till the homes which you have destroyed have been rebuilt, till our badges of mourning have been laid aside, and the memorials of our wrongs are no longer visible on every hand, before you propose to rebuild a joint and common government. But I think the South Will agree to an armistice of six or more months and to a treaty of amity and commerce, securing peculiar and exclusive privileges to both sections, and possibly to an alliance defensive, or even, for some purposes, both defensive and offensive.

If we can credit the asseverations of both peace and war Democrats, uttered to us in person or through the presses of the United States, our correspondence with Mr. Greeley has been promotive of our wishes. It has impressed all but fanatical Abolitionists with the opinion that there can be no peace while Mr. Lincoln presides at the head of the Government of the United States. All concede that we will not accept his terms, and scarcely any Democrat and not all the Republicans will insist on them. They are not willing to pay the price his terms exact of the North. They see that he can reach peace only through subjugation of the South, which but few think practicable; through universal bankruptcy of the North; through seas of their own blood as well as ours; through the utter demoralization of their people, and destruction of their Republican Government; through anarchy and moral chaos—all of which is more repulsive and intolerable than even the separation and independence of the South.

All the Democrat presses denounce Mr. Lincoln's manifesto in strong terms, and many Republican presses (and among them the New York Tribune) admit it was a blunder. Mr. Greeley was chagrined and incensed by it, as his articles clearly show. I am told by those who profess to have heard his private expressions of opinion and feeling, that he curses all fools in high places and regards himself as deceived and maltreated by the Administration. From all that I can see or hear, I am satisfied that the correspondence has tended strongly toward consolidating the Democracy and dividing the Republicans and encouraging the desire for peace. Many prominent politicians of the United States assure us that it is the most opportune and efficient moral instrumentality for stopping the war that could have been conceived or exerted, and beg us to refrain from any vindication of our course or explanation of our purposes.

At all events, we have developed what we desired to in the eyes of our people—that war, with-all its horrors, is less terrible and hateful than the alternative offered by Mr. Lincoln. We hope that none will hereafter be found in North Carolina, or in any other part of the Confederate States, so base as to insist that we shall make any more advances to him in behalf of peace, but that all of our citizens will gird themselves with renewed and redoubled energy and resolution to battle against our foes until our utter extermination, rather than halt to ponder the terms which he haughtily proclaims as his ultimatum. If such be the effect of our correspondence, we shall be amply indemnified for all the misrepresentations which we have incurred or ever can incur.

Mr. Greeley's purpose may have been merely to find out our conditions of peace, but we give him credit for seeking higher objects. While we contemplated and desired something more, yet it was part of our purpose to ascertain Mr. Lincoln's condition of peace. We have achieved our purpose in part; Mr. Greeley has failed altogether. He correctly reports us as having proposed no terms. We never intended to propose any until instructed by our Government. We have suffered ourselves to be falsely reported as proposing certain terms—among them reunion—for reasons that our judgment approved, hoping that we would in due time be fully vindicated at home.

If there is no more wisdom in our country than is displayed in the malignant articles of the Richmond Examiner and Petersburg Register, approving of the ukase of Mr. Lincoln, the war must continue until neutral nations interfere and command the peace. Such articles are copied into all the Republican presses of the United States, and help them more in encouraging the prosecution of the war than anything they can themselves utter.

If I am not deceived, the elements of convulsion and revolution existing in the North have been greatly agitated by the pronunciamento of the autocrat of the White House. Not only Democrats, but Republicans are protesting against a draft to swell an army to fight to free negroes, and are declaring more boldly for State rights and the Union as it was. Many say the draft cannot and shall not be enforced. The Democracy are beginning to learn that they must endure persecution, outrage, and tyranny at the hands of the Republicans, just as soon as they can bring back their armed legions from the South. They read their own fate in that of the people of Kentucky, Missouri, and Maryland. They are beginning to lean more on the side of our people as their natural allies and as the champions of State rights and of popular liberty. Many of them would gladly lock arms with our soldiers in crushing their common enemy, the Abolitionists. Many of them would fall into our lines if our armies occupied any States north of the Ohio for a month, or even a week. Many of them are looking to the time when they must flee their country, or fight for their inalienable rights. They are preparing for the latter alternative.

The instructions of the Secretary of War to us and the officer detailed for special service have not been neglected. We have been arranging for the indispensable co-operation. It is promised, and we hope will soon be furnished. Then we will act. We have been disappointed and delayed by causes which I cannot now explain.

I fondly trust that our efforts will not be defeated or hindered by unwise and intemperate declarations of public opinion, by newspaper editors or others who are regarded as its exponents.

We have a difficult role to play, and must be judged with charity until heard in our own defense.

I am much indebted to Mr. Holcombe, Mr. Sanders, and Mr. Tucker for the earnest and active aid they have given me in promoting the objects of Mr. Thompson's and my mission.

Mr. Thompson is at Toronto and Mr. Holcombe is at the Falls. If here, or if I could delay the transmission of this communication, I should submit it to them for some expression of their opinions.

As I expect this to reach the Confederate States by a safe hand, I do not take the time and labor necessary to put it in cipher—if, indeed, there is anything worth concealing from our enemies.

I have the honor to be, &c.,

C. C. CLAY, JR.

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* See Series III, Vol. IV.

† Not found.

SOURCE: The War of the Rebellion: A Compilation of the Official Records of the Union and Confederate Armies, Series IV, Volume 3 (Serial No. 129), p. 584-7

Clement C. Clay and James P. Holcombe To Horace Greeley, July 21, 1864

Niagara Falls, Clifton House, July 21, 1864.

 

To the Honorable Horace Greeley:—

 

Sir : — The paper handed to Mr. Holcombe on yesterday, in your presence, by Major Hay, A. A. G., as an answer to the application in our note of the 18th instant, is couched in the following terms:—

 

EXECUTIVE MANSION,               

Washington, July 18, 1864

To WHOM IT MAY CONCERN:

 

Any proposition which embraces the restoration of peace, the integrity of the whole Union, and the abandonment of slavery, and which comes by and with an authority that can control the armies now at war against the United States, will be received and considered by the Executive Government of the United States, and will be met by liberal terms on other substantial and collateral points, and the bearer or bearers thereof shall have safe-conduct both ways.

 

ABRAHAM LINCOLN.

 

The application to which we refer was elicited by your letter of the 17th instant, in which yon inform Mr. Jacob Thompson and ourselves that you were authorized by the President of the United States to tender us his safe-conduct, on the hypothesis that we were ‘duly accredited from Richmond as bearers of propositions looking to the establishment of peace,’ and desired a visit to Washington in the fulfilment of this mission. This assertion, to which we then gave and still do, entire credence, was accepted by us as the evidence of an unexpected but most gratifying change in the policy of the President, — a change which we felt authorized to hope might terminate in the conclusion of a peace mutually just, honorable, and advantageous to the North and to the South, exacting no condition but that we should be ‘duly accredited from Richmond as bearers of propositions looking to the establishment of peace.’ Thus proffering a basis for conference as comprehensive as we could desire, it seemed to us that the President opened a door which had previously been closed against the Confederate States for a full interchange of sentiments, free discussion of conflicting opinions, and untrammelled effort to remove all causes of controversy by liberal negotiations. We, indeed, could not claim the benefit of a safe-conduct which had been extended to us in a character we had no right to assume, and had never affected to possess; but the uniform declarations of our Executive and Congress, and then thrice-repeated and as often repulsed attempts to open negotiations, furnish a sufficient pledge to us that this conciliatory manifestation on the part of the President of the United States would be met by them in a temper of equal magnanimity. We had, therefore, no hesitation in declaring that if this correspondence was communicated to the President of the Confederate States, he would promptly embrace the opportunity presented for seeking a peaceful solution of this unhappy strife. We feel confident that you must share our profound regret that the spirit which dictated the first step toward peace had not continued to animate the councils of your President. Had the representatives of the two governments met to consider this question, the most momentous ever submitted to human statesmanship, in a temper of becoming moderation and equity, followed, as their deliberations would have been, by the prayers and benedictions of every patriot and Christian on the habitable globe, who is there so bold as to pronounce that the frightful waste of individual happiness and public prosperity which is daily saddening the universal heart might not have been terminated, or if the desolation and carnage of war must still be endured through weary years of blood and suffering, that there might not at least have been infused into its conduct something more of the spirit which softens and partially redeems its brutalities?

 

Instead of the safe-conduct which we solicited, and which your first letter gave us every reason to suppose would be extended for the purpose of initiating a negotiation, in which neither government would compromise its rights or its dignity, a document has been presented which provokes as much indignation as surprise. It bears no feature of resemblance to that which was originally offered, and is unlike any paper which ever before emanated from the constitutional executive of a free people. Addressed ‘to whom it may concern,’ It precludes negotiations, and prescribes in advance the terms and conditions of peace. It returns to the original policy of ‘no bargaining, no negotiations, no traces with Rebels except to bury their dead, until every man shall have laid down his arms, submitted to the government, and sued for mercy.’

 

Whatever may be the explanation of this sudden and entire change in the views of the President, of this rude withdrawal of a courteous overture for negotiation at the moment it was likely to be accepted, of this emphatic recall of words of peace just uttered, and fresh blasts of war to the bitter end, we leave for the speculation of those who have the means or inclination to penetrate the mysteries of his cabinet, or fathom the caprice of his imperial will It is enough for us to say that we have no use whatever for the paper which has been placed in our hands.

 

We could not transmit it to the President of the Confederate States without offering him an indignity, dishonoring ourselves, and incurring the well-merited scorn of our countrymen. While an ardent desire for peace pervades the people of the Confederate States, we rejoice to believe that there are few, if any, among them who would purchase it at the expense of liberty, honor, and self-respect. If it can be secured only by their submission to terms of conquest, the generation is yet unborn which will witness its restitution.

 

If there be any military autocrat in the North who is entitled to proffer the conditions of this manifesto, there is none in the South authorized to entertain them. Those who control our armies are the servants of the people, — not their masters; and they have no more inclination, than they have the right, to subvert the social institutions of the sovereign States, to overthrow their established constitutions, and to barter away their priceless heritage of self-government. This correspondence will not, however, we trust, prove wholly barren of good result.

 

If there is any citizen of the Confederate States who has clung to a hope that peace was possible with this administration of the Federal government, it will strip from his eyes the last film of such delusion; or if there be any whose hearts have grown faint under the suffering and agony of this bloody struggle, it will inspire them with fresh energy to endure and brave whatever may yet be requisite to preserve to themselves and their children all that gives dignity and value to life or hope and consolation to death. And if there be any patriots or Christians in your land, who shrink appalled from the illimitable vista of private misery and public calamity which stretches before them, we pray that in their bosoms a resolution may be quickened to recall the abused authority, and vindicate the outraged civilization of their country. For the solicitude you have manifested to inaugurate a movement which contemplates results the roost noble and humane we return our sincere thanks, and are most respectfully and truly your obedient servants,

 

C. C. Clay, Jr.

James P. Holcombe.

 

SOURCE: James Parton, The Life of Horace Greeley, p. 475-7

Proclamation of Andrew Johnson, May 2, 1865

By the President of the United States of America:

A PROCLAMATION.

           

Whereas, it appears from evidence in the Bureau of Military Justice that the atrocious murder of the late President Abraham Lincoln, and the attempted assassination of the Hon. William H. Seward, Secretary of State, were incited, concerted, and procured by and between Jefferson Davis, late of Richmond, Va., and Jacob Thompson, Clement C. Clay, Beverly Tucker, George N. Sanders, William C. Cleary, and other rebels and traitors against the Government of the United States harbored in Canada:

Now, therefore, to the end that justice may be done, I, Andrew Johnson, President of the United States, do offer and promise for the arrest of said persons, or either of them, within the limits of the United States, so that they can be brought to trial, the following rewards: $100,000 for the arrest of Jefferson Davis; $25,000 for the arrest of Clement C. Clay; $25,000 for the arrest of Jacob Thompson, late of Mississippi; $25,000 for the arrest of George N. Sanders; $25,000 for the arrest of Beverly Tucker; $10,000 for the arrest of William C. Cleary, late clerk of Clement C. Clay. The Provost-Marshal-General of the United States is directed to cause a description of said persons, with notice of the above rewards, to be published.

In testimony whereof I have hereunto set my hand and caused the seal of the United States to be affixed.

Done at the city of Washington this 2d day of May, in the year of our Lord one thousand eight hundred and sixty-five, and of the Independence of the United States of America the eighty-ninth.

ANDREW JOHNSON.

By the President:

W. HUNTER,

Acting Secretary of State.

SOURCE: The War of the Rebellion: A Compilation of the Official Records of the Union and Confederate Armies, Series I Volume 49, Part 2 (Serial No. 104), p. 566-7

Memorandum of James Buchanan, Monday, December 17, 1860

On Monday, 17 December, 1860, both Mr. Thompson & Judge Black informed me that they had held conversations with General Cass on the subject of his resignation & that he had expressed a desire to withdraw it & return to the Cabinet. I gave this no encouragement. His purpose to resign had been known for several days, & his actual resignation had been prepared three days before it was delivered to me. The world knew all about it, & had he returned, the explanation would have been very embarrassing. Besides, I knew full well that his fears would have worried the administration as well as himself in the difficult times which were then upon us. His great error was that he would assume no responsibility which he could possibly avoid.

SOURCE: John Bassett Moore, Editor, The Works of James Buchanan, Comprising his Speeches, State Papers, and Private Correspondence, Volume 11: 1860-1868, p. 67

Members of James Buchanan's Cabinet Who Sided with the Confederacy

John C. Breckinridge: Vice President of the United States, Confederate Major-General and Secretary of War of the Confederate States

Howell Cobb: Secretary of the Treasury of the United States, President of the Provisional Confederate Congress, and Confederate Major-General

John B. Floyd: Secretary of War of the United States, Confederate Brigadier-General

Jacob Thompson: Secretary of the Interior of the United States, Inspector General of the Confederate Army, Lieutenant Colonel and Aide-de Camp to General P.G.T. Beauregard

Jacob Thompson to James Buchanan, January 10, 1861

Washington City, Jany. 10th, 1861.

To His Excellency James Buchanan, President Of U. S.

Dear Sir: In your reply to my note of 8th Inst., accepting my resignation, you are right when you say that “you (I) had been so emphatic in opposing these reinforcements that I (you) thought you (I) would resign in consequence of my decision.” I came to the Cabinet on Wednesday Jany. 2nd, with the full expectation I would resign my commission before I left your Council Board; and I know you do not doubt that my action would have been promptly taken had I understood on that day that you had decided that “reinforcements must now be sent.” For more than forty days, I have regarded the display of a military force in Charleston or along the Southern Coast by the United States as tantamount to war. Of this opinion you & all my colleagues of the Cabinet have been frankly advised. Believing that such would be the construction of an order for additional troops, I have been anxious and have used all legitimate means to save you and your administration from precipitating the Country into an inevitable conflict, the end of which no human being could foresee. My counsels have not prevailed, troops have been sent, and I hope yet that a kind Providence may avert the consequences I have apprehended and that peace be maintained.

I am now a private citizen and as such I am at liberty to give expression to my private feelings towards you personally.

In all my official intercourse with you though often overruled, I have been treated with uniform kindness and consideration.

I know your patriotism, your honesty and purity of character, & admire your high qualities of head & heart. If we can sink all the circumstances attending this unfortunate order for reinforcements, on which though we may differ, yet I am willing to admit that you are as conscientious as I claim to be, you have ever been frank, direct, and confiding in me. I have never been subjected to the first mortification, or entertained for a moment the first unkind feeling. These facts determined me to stand by you & your Administration as long as there was any hope left that our present difficulties could find a peaceful solution. If the counsels of some members of your Cabinet prevail, I am utterly without hope.

Every duty you have imposed on me has been discharged with scrupulous fidelity on my part, and it would give me infinite pain even to suspect that you are not satisfied.

Whatever may be our respective futures, I shall ever be your personal friend, and shall vindicate your fame and your Administration, of which I have been a part, and shall ever remember with gratitude the many favors and kindnesses heretofore shown to me & mine.

I go hence to make the destiny of Mississippi my destiny. My life, fortune, and all I hold most dear shall be devoted to her cause. In doing this, I believe, before God, I am serving the ends of truth & justice & good Government.

Now as ever, your personal friend,

J. Thompson.

SOURCE: John Bassett More, Editor, The Works of James Buchanan, Volume 11, p. 102-3

James Buchanan to Jacob Thompson, January 9, 1861

Washington, 9th January, 1861.

Sir: I have received and accepted your resignation on yesterday of the office of Secretary of the Interior.

On Monday evening, 31 December, 1860, I suspended the orders which had been issued by the War and Navy Departments to send the Brooklyn with reinforcements to Fort Sumter. Of this I informed you on the same evening. I stated to you my reason for this suspension, which you knew, from its nature, would be speedily removed. In consequence of your request, however, I promised that these orders should not be renewed “without being previously considered and decided in Cabinet.”

This promise was faithfully observed on my part. In order to carry it into effect, I called a special Cabinet meeting on Wednesday, 2 January, 1861, in which the question of sending reinforcements to Fort Sumter was amply discussed both by yourself and others. The decided majority of opinions was against you. At this moment the answer of the South Carolina “Commissioners” to my communication to them of the 31st December was received and read. It produced much indignation among the members of the Cabinet. After a further brief conversation I employed the following language: “It is now all over, and reinforcements must be sent.” Judge Black said, at the moment of my decision, that after this letter the Cabinet would be unanimous, and I heard no dissenting voice. Indeed, the spirit and tone of the letter left no doubt on my mind that Fort Sumter would be immediately attacked, and hence the necessity of sending reinforcements thither without delay.

Whilst you admit “that on Wednesday, January 2d, this subject was again discussed in Cabinet,” you say, “but certainly no conclusion was reached, and the War Department was not justified in ordering reinforcements without something [more] than was then said.” You are certainly mistaken in alleging that “no conclusion was reached.” In this your recollection is entirely different from that of your four oldest colleagues in the Cabinet. Indeed, my language was so unmistakable, that the Secretaries of War and the Navy proceeded to act upon it without any further intercourse with myself than what you heard or might have heard me say. You had been so emphatic in opposing these reinforcements, that I thought you would resign in consequence of my decision. I deeply regret that you have been mistaken in point of fact, though I firmly believe honestly mistaken. Still, it is certain you have not the less been mistaken.

Yours very respectfully,

James Buchanan.

Hon. JACOB THOMPSON.

SOURCE: John Bassett More, Editor, The Works of James Buchanan, Volume 11, p. 100-1; Samuel Wylie Crawford, The Genesis of the Civil War: The Story of Sumter, 1860-1861, p. 181-2

Jacob Thompson to James Buchanan, January 8, 1861

Washington, D. C, Jany. 8th, 1861.

To H1s Excellency James Buchanan, President U. S.

Sir: It is with extreme regret I have just learned that additional troops have been ordered to Charleston. This subject has been frequently discussed in Cabinet Council; and when on Monday night, 31st of December ult., the orders for reinforcements to Fort Sumter were countermanded, I distinctly understood from you, that no order of the kind would be made without being previously considered and decided in Cabinet. It is true that on Wednesday, Jany. 2nd, this subject was again discussed in Cabinet, but certainly no conclusion was reached, and the War Department was not justified in ordering reinforcements without something [more] than was then said.

I learn, however, this morning, for the first time, that the steamer Star of the West sailed from New York on last Saturday night with Two Hundred and fifty men under Lieut. Bartlett, bound for Fort Sumter.

Under these circumstances I feel myself bound to resign my commission as one of your constitutional advisers into your hands.

With high respect, your obdt. svt.

J. Thompson.

SOURCE: John Bassett More, Editor, The Works of James Buchanan, Volume 11, p. 100; Samuel Wylie Crawford, The Genesis of the Civil War: The Story of Sumter, 1860-1861, p. 181

Diary of Edward Bates, April 22, 1862

Judge Black⁶ dined with me today. Talked very freely about the latter weeks of Buchanan's adm[inistratio]n. Cobb,⁷ Floyd,⁸ Thompson⁹ &c[.]  Thinks "Jake Thompson" as honest a man as he ever knew — Was very slow to believe in F[loyd]'s rascality but had finally to come to it.

Prest. B.[uchanan] said he would rather suffer death by torture than suffer S.[outh] C.[arolina] to take the Forts in Charleston harbor — and ordered them to be supplied — Floyd pretended to agree to it, but did not do it.

Trescott¹⁰ (Asst. Secy of state) gave information that Floyd had promised the Carolinians that it should no[t] be done. B.[uchanan]  insisted, F.[loyd] flew into arage [sic] and spoke violently and went out in a huff. The Prest then asked Black to go and tell F.[loyd] that he must resign. He, Black, refused — Then some other, Toucey,¹¹ bore the message, and F. [loyd] resigned giving for reason, that he could, no longer, consistently with his honor, serve with such an adm[inistratio]n.! Mr. Black agreed with me that old Buck ought to have kicked him out — Black call[e]d it "spitting in the Presfs face and then resigning^ " Still the Prest. did not strengthen the Forts, and sunk [sic] so low as to assign the reason that he had given the Carolinians reason to think that he wd. not,¹² and because he feared that  war wd. come in his time, if he did —

At night at Senator Wade's¹³ met i. a. Mr. Gurley¹⁴ of Ohio, who is proud of a speech he made some time ago denouncing Genl. McClellan's tardiness. The speech, it seems, has been printed both in England and France, and (as Mr. G[urley] thinks) had great influence in preventing the Govts, both of England and France from acknowledging the C.[onfederate] S.[tates of] A[merica].

Mr. G.[urley] is very open in denouncing Genl. McClellan, believes him a traitor and that he will continue to have his own army beaten, if possible — Says that just before his appointment to command he declared, in presence of his Physician (Dr. [  ] — the famous Homeopath) that the South was right and he wd. never fight against it — that the Southern Democracy had always governed the country and ought to govern it[.]  Gu[r]ley evidently believe[s] him a traitor[.]

__________

⁶ Supra, Oct. 28, 1859, note 22.

⁷ Supra, Sept. 4, 1860, note 86.

⁸ Supra, Dec. 3, 1859, note 11.

⁹ Jacob Thompson of Mississippi: Democratic congressman, 1839-1851; secretary of the Interior, 1857-1861; governor of Mississippi, 1862-1864; inspector-general of the Confederate Army, 1864; confidential agent in Canada, 1864-1865.

¹⁰ William H. Trescot of Charleston, South Carolina: secretary of Legation in London, 1852-1860; assistant secretary of State, 1860-1861; member of the South Carolina Legislature; officer in the Confederate Army; holder of various minor diplomatic posts, 1876-1889.

¹¹ Isaac Toucey of Hartford, Connecticut: Democratic congressman, 1835-1839; governor of Connecticut, 1847 ; U. S. attorney-general, 1848-1849 ; U. S. senator, 1852-1857; secretary of the Navy under Buchanan, 1857-1861.

¹² On December 8 and 10, 1860, Buchanan had had two interviews with McQueen, Miles, and Bonham, representatives of South Carolina, in which they had assured him that Sumter would not be fired upon so long as Buchanan did not alter the status quo. The President apparently promised nothing, but none the less regarded this interview as creating a tacit understanding between him and the South Carolinians.

¹³ Supra, Aug. 10, 1859, note 77.

¹⁴ John A. Gurley: Universalist minister, 1835-1838; editor of the Cincinnati Star and Sentinel later called the Star in the West, 1838-1854; now a Republican congressman, 1859-1863, who was defeated for reelection in 1862.

SOURCE: Howard K. Beale, Editor, The Diary of Edward Bates, published in The Annual Report Of The American Historical Association For The Year 1930 Volume 4, p. 252-3

A Well Drawn Picture

“Occasional,” in writing to the Philadelphia Press, discusses the complaint of certain democratic presses and politicians, regarding the conduct of this war against rebellion and its expensiveness with much force and justice.  We commenced the following picture drawn by that writer, to the prayerful attention of the Davenport Democrat and its ilk.  After referring to the incessant and mischievous murmurings of this class he says:

It does not come with good grace from the known enemies of that war, and the known advocates of the Southern rebellion, to constitute themselves accusers and judges of the shortcomings of others.  They should recollect that the entire responsibility of the blood shed in this war is theirs.  They know that but for James Buchanan there would have been no war, and consequently no expenditure of the public money, for the purpose of maintaining the integrity of the Government; no great debt, and no complication with foreign powers.  When that wicked and wretched man betrayed the party that elected him, deserted the principles upon which he came into power, and struck down every independent spirit that protested against his crimes, the men now so clamorous against Mr. Lincoln’s Administration sustained Buchanan, encouraged him in his tyrannies, and took the guilty wages he was so ready to pay to all his satellites.  He saw his Secretary of the Navy sending our ships to distant seas, his Secretary of War leading a series of plundering and frauds unparalleled since the days of Warren Hastings, and nearly all his confidants preparing for the overthrow of the republic, and he neither rebuked the one nor resisted the other.  So far from it his most intimate friends were his most corrupt advisers; and even when his Secretary of the Interior, Jacob Thompson, returned from a treasonable mission to North Carolina, he honored him by a sumptuous dinner in the Presidential mansion and thanked him in public letter.  James Buchanan was not only the creature and the tool of the murderers of our liberties, but their willing ally; and when the historian comes to select the man who has done the most to plunge the Republic into this sea of blood, he will select James Buchanan.  The men who have acted with this arch traitor to freedom and humanity, should be careful, amid their own intrigues against the present Administration, lest in trying to embarrass it they do not revive the recollection, and reopen the great book which records the fact that they and they alone, are responsible for the war and all its sufferings and its atrocities.

– Published in The Davenport Daily Gazette, Davenport, Iowa, Thursday Morning, April 10, 1862, p. 2