Showing posts with label Roger B Taney. Show all posts
Showing posts with label Roger B Taney. Show all posts

Thursday, May 18, 2023

Jefferson Davis to Senator William Allen, March 25, 1844

Hurricane Mi., 25th March 1844
Hon. Sen. Allen of Ohio,

Dr. Sir,

“The sick man knows the Physician's step,” but I assure you that if breaking a long silence to ask a favor of you should expose me to the suspicion of remembering you only because of my trouble, the fact is nevertheless quite otherwise. I am one of the Presidential "electors" for the State of Mississippi and though I do not doubt the democratic character of our people I fear false statements and false issues in the approaching canvass and expect the Whigs to make great exertions.

I wish you to aid me with any statements which can be made available against the charge of defalcation and extravagance under Mr. Van Buren's administration, against the present Tariff as productive of revenue, against the U. S. Bank, against the charge of improper removals of officers and if there be such statement the removals in the first year of Harrison & Tyler's administration. Further I should be glad to have the evidence of Mr. Clay's refusal to divide the resolution of censure upon President Jackson for the removal of the deposits and the rule of the senate in relation to the division of questions, Secretary Taney's report on the removal of the deposits from the U. S. Bank, Secretary Poinset's annual report recommending reorganization of the militia and answer to call of the house on the same subject. Was not President V. Buren one of the first to point out the unconstitutionality of the military districts as projected in that answer? I had but cannot now find a speech of yours showing that the U. S. Bank loaned at a time which indicated the purpose, more money to members of Congress than the amount of their pay. Can you send me a copy of that speech?

I have mingled but little in politics and as you perceive by this letter have an arsenal poorly supplied for a campaign. Labor is expected of me and I am willing to render it. I believe much depends on this presidential election, and that every man who loves the union and the constitution as it is should be active.

You will understand what I want or should want better than myself, so far as you can conveniently send such you will greatly oblige me, and any suggestions you may find leisure to make to me will be highly appreciated.

Vy. Respectfully and truly yours
JEFFN. DAVIS
Wm. Allen
        Washington
                D. C.

        P. S.
                Address to Warrenton,
                        Warren County,
                                Missi.

SOURCE: Dunbar Rowland, Editor, Jefferson Davis, Constitutionalist: His Letters, Papers and Speeches, Volume 1, p. 9-10

Wednesday, May 17, 2023

John Tyler to Robert Tyler, September 14, 1860

VILLA MARGARET, Sept. 14, 1860.

MY DEAR ROBERT: I see the election is gone in Maine, although Douglas confidently calculated on carrying the State. Such were his declarations here. You say nothing to me as to Pennsylvania. Can you hold out any hope in regard to it? I am almost in despair as to results, and deeply meditate the future. The Marylanders have struck upon the right key in nominating Chief-Justice Taney and Nelson. I fear that they move too late. My hope is that many here will come to their reason before it be too late; but it seems to me certain that Lincoln is to be elected, in despite of all combinations. How stand things in New Jersey? The increase of the Republican vote in Maine augurs an increase all through the free States.

What does Seward mean by originating a war on the army and navy? Does he design to hold out inducements to the wide-awakes? In his strategemic game, does he mean to open to the ambition of his organized bands generalships, colonelships, etc., etc., and the $25,000,000 now bestowed on the army and navy; and thus with his train-bands have his will supreme in the execution of his movements on the Constitution and the South? I suspect the man at every step and in every movement. A more arch and wily conspirator does not live. I can understand why, if the army or navy be too large, they should be reduced; but how to get on without them entirely I cannot understand. Or how the militia could be called on to do duty in fortifications and the Indian frontier, or how to collect a revenue, or claim the respect of the world without regular seamen, officers, and men, I cannot understand. If he makes the move, depend upon it he seeks only to further his ambitious schemes. Do write to me your opinion relative to Pennsylvania and New Jersey.

All send love.
Your father,
JOHN TYLER.

SOURCE: Lyon Gardiner Tyler, The Letters and Times of the Tylers, Volume 2, p. 562

Tuesday, February 13, 2018

Justice Robert Cooper Grier to Edwin M. Stanton, October 13, 1864

[Confidential.]
Philadelphia, October 13,1864.
Hon. E. M. Stanton.

Dear Sir, — I have just received your telegram announcing the decease of Chief Justice Taney. Although often differing in opinion with him, I had the highest respect and esteem for him, and sincerely lament his loss.

I see speculations are already rife as to his successor. It is a question in which I feel a deep interest. I know of no man more competent to fill the place, or who deserves it so much as yourself. You have been wearing out your life in the service of your country, and have fulfilled the duties of your very responsible and laborious office with unexampled ability, and I think the President owes it to you, and that you should be suffered to retire in this honorable position. I see the papers are already beginning to put forward the name of Mr. Chase. But I presume the President will not be persuaded thereby that he is the choice either of the bar or the people, or attend to the dictation of journalocracy.

It would give me the greatest pleasure and satisfaction to have you preside on our bench. I am sure you would be the right man in the right place.

I am with much respect and esteem,
Truly yours,
R. C. GRIER.

SOURCE: George Congdon Gorham, Life and Public Services of Edwin M. Stanton, Volume 2, p. 469-70

Saturday, September 30, 2017

Diary of Edward Bates: November 27, 1861

And now (Nov 27) Count Gurouski65 tells me  that Prentice66 has come out, in bitter denunciation of Cameron — in  shape of a Washington correspondent of the Louisville Journal. The Count assumes, very reasonably, that Prentis is the author.

[Marginal Note.] Since then, I learn that Prentice disclaims the authorship of the letter, and says that Cameron was misunderstood.

Note, in this connexion — The other day, Mr. Blair joked Cameron  with a newspaper quotation (real or suppositious [sic] ) to the effect that he (C.[ameron]) had fairly elbowed Fremont67 out of his place, and himself quietly taken his seat in [the] stern-sheets of the Abolition boat!

Nov 27. No news yet from Pensecola [sic], beyond the first rumor that our forces were bombarding the rebel forts.68

From Mo. — a telegram from Gov Gamble69 confirms the report [that] Genl. Price70 has turned and is moving north towards the centre of the State. This movement is, I think not prompted by Price himself, as a separate enterprise agst. Mo., but is part of the genl. plan of the enemy. As long ago as last March, I told the Cabinet that the real struggle must be in the valley of the Mississippi.71 And now, that it is apparent that the rebel army of the Potomac can do nothing but hold the Capitol [sic] in siege, and that the enemy cannot defend the seaboard, it is the obvious policy of the enemy to [strengthen] the defence of the Mississippi, and to that end, they must fortify the river, and for that purpose they must have time to remove men and artillery, and therefore it is wise in him to keep us fully occupied in Mo. and Kentucky.

That is clearly the policy of the enemy. And as clearly it is our policy to assume the aggressive, and, at almost any hazard, to cut his communications, and prevent as far as possible, the removal of heavy guns from the East to the west — from Va. and the coast to the Missi[ssippi].

Today I spent chiefly in business preliminary to the coming session of the S.[upreme] C.[ourt] called at the clerk's office, ex[amine]d. the docket, the C[our]t. room, my own closet, and recd, many kind suggestions from Mr. Carroll,72 the clerk, about the details of business. Called on C.[hief] J.[ustice] Taney,73 and had a conversation much more pleasant than I expected. Called also on Judge Wayne74 and had an agreeable talk. I infer from the remarks of both the judges that, probably, but little business will be done, and that not in as strict order as is usual.

At night, Count Gurouski called to see me, and talked, as usual, very freely — quite as bitter and censorious as ever. Just now, he seems to have a special spite against the diplomatic corps — all of them except Baron Gerolt of Prussia, and Mr. Tassara of Spain — He says all of them except Gerolt, were in a furious flutter about the capture of Slidell and Mason75 — declaring that it was an outrage and that England would be roused to the war-point, &c. that Gerolt quietly said — pish! the thing is right in itself, and if it were not, England wd. no[t] go to war for it —

The Count gave me a short biographical [sketch] of most of the ministers — e g

1. L[or]d. Lyons,76 son of the Admiral who won the peerage. Of a respectable but humble family — L[or]d. L.[yons] he says, has an uncle who is a farmer near Chicago.

2. Mr. Mercier77 (of France) only plainly respectable. Born in Baltimore, where his father was French consul[.]

3. Mr. Tassara78 of Spain — really a great man — a wonderful genius — of respectable but not noble origin — at first a news-paper writer — then a distinguished member of the Cortes, and secretary thereof (the 2d. office in its gift)[.]

4. Mr. Stoekel79 (of Russia) nobody in Russian society, though personally worthy. As a minister, admitted of course to court, but not recd, at all in the aristocratic society of Petersburg. His wife is American — A Yankee — a very clever lady[.]

5. Count Piper,80 of Sweden, the only genuine aristocrat, of ancient and high descent. He is the lineal descendant of the famous Count Piper, Minister of State of king Charles XII81 — a man of no great talents, but of high and honorable principles[.]

6. Baron Gerolt82 of Prussia. A very amiable and learned gentleman. Of noble connexion, but not himself noble, until the last few years, when he was made a baron, by the influence of Humboldt,83 who was his friend and patron.

Gerolt was well-learned in mineralogy and mining, and (upon Humboldt's recommendation) served some years in Mexico, as director of silver mines for an English company. He is skilled in various sciences, and is the only foreign diplomat who maintains close relations with American savan[t]s.

7. Chivalier [sic] Bertenatti,84 of Italy. Of no high connexions. Educated for the priesthood, but not ordained. For sometime a journalist. A man of fair talents, but not at all distinguished by the gifts of nature or fortune, except that he is minister of the rising state of Italy.

[Marginal] Note. In this same conversation the Count said that it was well enough to give Capt Wilkes85 the credit of originality and boldness in seising Mason and Slidell, but, in fact, the Secy, of State sent orders to the consul at Havanna [sic] , to notify Wilkes and tell him what to do.86
­_______________

65 Adam, Count Gurowski, Polish revolutionist and author who had lived in the United States since 1849; translator in the State Department.

66 Supra, Nov. 20, 1861, note 60.

67 Frémont had tried to free slaves and confiscate Confederate property by a military order revoked by Lincoln. Supra, Oct. 22, 1S61, note 24.

68 On November 22 Fort Pickens and the men-of-war Niagara and Richmond began a two days’ bombardment of Fort McRee and other Confederate fortifications. On January 1, 1862, there was another artillery exchange. But it was not until May 9, 1862, that the Confederates burned and evacuated the forts and the Navy Yard at Pensacola.

69 Supra, July 23, 1859, note 39.

70 Sterling Price: Democratic congressman, 1845—1846 ; brigadier-general of volunteers in the Mexican War; governor of Missouri, 1853-1857 ; major-general of Missouri Confederate militia under Confederate Governor Jackson (supra, Jan. 9, 1860, note 15). He had been driven out of St. Louis by General Lyon, but later defeated and killed Lyon in one engagement, and captured 3,000 Missourians in another, before he was forced to flee. And his raids, or threats of them, continued to harass Missouri.

71 Supra, March 16, April 15, Aug. 27, 1861; also May 27, 1859.

72 William T. Carroll, a grand-nephew of Charles Carroll of Carrollton, was clerk of the Supreme Court from 1827 to 1862.

73 Roger B. Taney: eminent Maryland lawyer; attorney-general of Maryland, 1827-1831; attorney-general of the U. S., 1831-1833 ; secretary of the Treasury, 1833-1834 ; chief justice of the U. S. Supreme Court, 1835-1864. He wrote the decision in the famous Dred Scott case of 1857 and tried in vain to restrain the arbitrary governmental infringements of personal liberty during the Civil War.

74 James M. Wayne: judge of the Superior Court of Georgia, 1824-1829; Democratic congressman, 1829-1835; now justice of the U. S. Supreme Court, 1835-1867.

75 Supra, Nov. 16, 1861.

76 Envoy Extraordinary and Minister Plenipotentiary from Great Britain, 1858-1865. Supra, Sept. 26, 1860, note 24.

77 Henri Mercier, Envoy Extraordinary and Minister Plenipotentiary, 1860-1863.

78 Gabriel Garcia y Tassara, Envoy Extraordinary and Minister Plenipotentiary, 1857-1867.

79 Edward de Stoeckl, Envoy Extraordinary and Minister Plenipotentiary, 1854-1868. He it was who negotiated the sale of Alaska.

80 Edward, Count Piper, Minister Resident of Sweden, 1861-1864, and Charge d’Affaires of Denmark, 1863.

81 Sweden's soldier-king who ruled from 1697 to 1718.

82 Envoy Extraordinary and Minister Plenipotentiary, 1843[?]-1871.

83 Alexander, Baron von Humboldt, wealthy German naturalist, traveler, diplomat, author, who was a close friend of the King of Prussia.

84 The Chevalier Joseph Bertinatti, Minister Resident, 1S61-1S67.

85 Supra, Nov. 16, 1861, note 46.

86 The State Department has no record of such an instruction from Seward. On the contrary, Seward wrote confidentially to Charles F. Adams in Great Britain on November 27: “The act was done by Commander Wilkes without instructions, and even without the knowledge of the Government." John B. Moore, A Digest of International Law, VII, 768.

SOURCE: Howard K. Beale, Editor, The Diary of Edward Bates 1859-1866, p. 203-6

Friday, June 30, 2017

John Hay to John G. Nicolay, October 13, 1864


Executive Mansion.
Washington, Oct. 13, 1864.
MY DEAR NICOLAY:

I suppose you are happy enough over the elections to do without letters. Here are two. I hope they are duns to remind you that you are mortal.

Indiana is simply glorious. The surprise of this good thing is its chief delight. Pennsylvania has done pretty well. We have a little majority on home vote as yet, and will get a fair vote from the soldiers, and do better in November. The wild estimates of Forney and Cameron, founded on no count or thorough canvass, are of course not fulfilled, but we did not expect them to be.

Judge Taney died last night. I have not heard anything this morning about the succession. It is a matter of the greatest personal importance that Mr. Lincoln has ever decided.

Winter Davis’ clique was badly scooped out in the mayoralty election at Baltimore yesterday. Chapman (regular Union) got nearly all the votes cast. . . .


SOURCES: Clara B. Hay, Letters of John Hay and Extracts from Diary, Volume 1, p. 237; Michael Burlingame, Editor, At Lincoln’s Side: John Hay’s Civil War Correspondence and Selected Writings, p. 97

Wednesday, November 16, 2016

Diary of William Howard Russell: Friday, June 14, 1861

Last night with my good host from his plantation to the great two-storied steamer General Quitman, at Natchez. She was crowded with planters, soldiers and their families, and as the lights shone out of her windows, looked like a walled castle blazing from double lines of embrasures.

The Mississippi is assuredly the most uninteresting river in the world, and I can only describe it hereabout by referring to the account of its appearance which I have already given — not a particle of romance, in spite of oratorical patriots and prophets, can ever shine from its depths, sacred to cat and buffalo fish, or vivify its turbid waters.

Before noon we were in sight of Vicksburg, which is situated on a high bank or bluff on the left bank of the river, about 400 miles above New Orleans and some 120 miles from Natchez.

Mr. MacMeekan, the proprietor of the "Washington," declares himself to have been the pioneer of hotels in the far west; but he has now built himself this huge caravansary, and rests from his wanderings. We entered the dining saloon, and found the tables closely packed with a numerous company of every condition in life, from generals and planters down to soldiers in the uniform of privates. At the end of the room there was a long table on which the joints and dishes were brought hot from the kitchen to be carved by the negro waiters, male and female, and as each was brought in the proprietor, standing in the centre of the room, shouted out with a loud voice, "Now, then, here is a splendid goose! ladies and gentlemen, don't neglect the goose and apple-sauce! Here's a piece of beef that I can recommend! upon my honor you will never regret taking a slice of the beef. Oyster-pie! oyster-pie! never was better oyster-pie seen in Vicksburg. Run about, boys, and take orders. Ladies and gentlemen, just look at that turkey! who's for turkey?" — and so on, wiping the perspiration from his forehead and combating with the flies.

Altogether it was a semi-barbarous scene, but the host was active and attentive; and after all, his recommendations were very much like those which it was the habit of the taverners in old London to call out in the streets to the passers-by when the joints were ready. The little negroes who ran about to take orders were smart, but now and then came into violent collision, and were cuffed incontinently. One mild-looking little fellow stood by my chair and appeared so sad that I asked him "Are you happy, my boy?" He looked quite frightened. "Why don't you answer me?" "I'se afeered, sir; I can't tell that to Massa." "Is not your master kind to you?" "Massa very kind man, sir; very good man when he is not angry with me," and his eyes filled with tears to the brim.

The war fever is rife in Vicksburg, and the Irish and German laborers, to the extent of several hundreds, have all gone off to the war.

When dinner was over, the mayor and several gentlemen of the city were good enough to request that I would attend a meeting at a room in the railway-station, where some of the inhabitants of the town had assembled. Accordingly I went to the terminus and found a room filled with gentlemen. Large china bowls, blocks of ice, bottles of wine and spirits, and boxes of cigars were on the table, and all the materials for a symposium.

The company discussed recent events, some of which I learned for the first time. Dislike was expressed to the course of the authorities in demanding negro labor for the fortifications along the river, and uneasiness was expressed respecting a negro plot in Arkansas; but the most interesting matter was Judge Taney's protest against the legality of the President's course in suspending the writ of habeas corpus in the case of Merriman. The lawyers who were present at this meeting were delighted with his argument, which insists that Congress alone can suspend the writ, and that the President cannot legally do so.

The news of the defeat of an expedition from Fortress Monroe against a Confederate post at Great Bethel, has caused great rejoicing. The accounts show that there was the grossest mismanagement on the part of the Federal officers. The Northern papers particularly regret the loss of Major Winthrop, aide-de-camp to General Butler, a writer of promise. At four o'clock, P. M., I bade the company farewell, and the train started for Jackson. The line runs through a poor clay country, cut up with gulleys and watercourses made by violent rain.

There were a number of volunteer soldiers in the train; and their presence no doubt attracted the girls and women who waved flags and cheered for Jeff Davis and States' Rights. Well, as I travel on through such scenes, with a fine critical nose in the air, I ask myself, "Is any Englishman better than these publicans and sinners in regard to this question of slavery?" It was not on moral or religious grounds that our ancestors abolished serfdom. And if to-morrow our good farmers, deprived of mowers, reapers, ploughmen, hedgers and ditchers, were to find substitutes in certain people of a dark skin assigned to their use by Act of Parliament, I fear they would be almost as ingenious as the Rev. Dr. Seabury in discovering arguments physiological, ethnological, and biblical, for the retention of their property. And an evil day would it be for them if they were so tempted; for assuredly, without any derogation to the intellect of the Southern men, it may be said that a large proportion of the population is in a state of very great moral degradation compared with civilized Anglo-Saxon communities.

The man is more natural, and more reckless; he has more of the qualities of the Arab than are to be reconciled with civilization; and it is only among the upper classes that the influences of the aristocratic condition which is generated by the subjection of masses of men to their fellow-man are to be found.

At six o'clock, the train stopped in the country at a railway crossing by the side of a large platform. On the right was a common, bounded by a few detached wooden houses, separated by palings from each other, and surrounded by rows of trees. In front of the station were two long wooden sheds, which, as the signboard indicates, were exchanges or drinking saloons; and beyond these again were visible some rudimentary streets of straggling houses, above which rose three pretentious spires and domes, resolved into insignificance by nearer approach. This was Jackson.

Our host was at the station in his carriage, and drove us to his residence, which consisted of some detached houses shaded by trees in a small enclosure, and bounded by a kitchen garden. He was one of the men who had been filled with the afflatus of 1848, and joined the Young Ireland party before it had seriously committed itself to an unfortunate outbreak; and when all hope of success had vanished, he sought, like many others of his countrymen, a shelter under the stars and stripes, which, like most of the Irish settled in the Southern States, he was now bent on tearing asunder. He has the honor of being mayor of Jackson, and of enjoying a competitive examination with his medical rivals for the honor of attending the citizens.

In the evening I walked out with him to the adjacent city, which has no title to the name, except as being the State capital. The mushroom growth of these States, using that phrase merely as to their rapid development, raises hamlets in a small space to the dignity of cities. It is in such outlying expansion of the great republic that the influence of the foreign emigration is most forcibly displayed. It would be curious to inquire, for example, how many men there are in the city of Jackson exercising mechanical arts or engaged in small commerce, in skilled or manual labor, who are really Americans in the proper sense of the word. I was struck by the names over the doors of the shops, which were German, Irish, Italian, French, and by foreign tongues and accents in the streets ; but, on the other hand, it is the native-born American who obtains the highest political stations and arrogates to himself the largest share of governmental emoluments.

Jackson proper consists of strings of wooden houses, with white porticoes and pillars a world too wide for their shrunk rooms, and various religious and other public edifices, of the hydrocephalic order of architecture, where vulgar cupola and exaggerated steeple tower above little bodies far too feeble to support them. There are of course a monster hotel and blazing bar-rooms — the former celebrated as the scene of many a serious difficulty, out of some of which the participators never escaped alive. The streets consist of rows of houses such as I have seen at Macon, Montgomery, and Baton Rouge; and as we walked towards the capital or State-house there were many more invitations "to take a drink" addressed to my friend and me than we were able to comply with. Our steps were bent to the State-house, which is a pile of stone, with open colonnades, and an air of importance at a distance which a nearer examination of its dilapidated condition does not confirm. Mr. Pettus, the Governor of the State of Mississippi, was in the Capitol; and on sending in our cards, we were introduced to his room, which certainly was of more than republican simplicity. The apartment was surrounded with some common glass cases, containing papers and old volumes of books; the furniture, a table or desk, and a few chairs and a ragged carpet; the glass in the windows cracked and broken; the walls and ceiling discolored by mildew.

The Governor is a silent man, of abrupt speech, but easy of access; and, indeed, whilst we were speaking, strangers and soldiers walked in and out of his room, looked around them, and acted in all respects as if they were in a public-house, except in ordering drinks. This grim, tall, angular man seemed to me such a development of public institutions in the South as Mr. Seward was in a higher phase in the North. For years he hunted deer and trapped in the forest of the far west, and lived in a Natty Bumpo or David Crocket state of life; and he was not ashamed of the fact when taunted with it during his election contest, but very rightly made the most of his independence and his hard work.

The pecuniary honors of his position are not very great as Governor of the enormous State of Mississippi. He has simply an income of £800 a year and a house provided for his use; he is not only quite contented with what he has but believes that the society in which he lives is the highest development of civilized life, notwithstanding the fact that there are more outrages on the person in his State, nay, more murders perpetrated in the very capital, than were known in the worst days of mediaeval Venice or Florence; — indeed, as a citizen said to me, "Well, I think our average in Jackson is a murder a month;" but he used a milder name for the crime.

The Governor conversed on the aspect of affairs, and evinced that wonderful confidence in his own people which, whether it arises from ignorance of the power of the North, or a conviction of greater resources, is to me so remarkable. "Well, sir," said he, dropping a portentous plug of tobacco just outside the spittoon, with the air of a man who wished to show he could have hit the centre if he liked, "England is no doubt a great country, and has got fleets and the like of that, and may have a good deal to do in Europe; but the sovereign State of Mississippi can do a great deal better without England than England can do without her." Having some slight recollection of Mississippi repudiation, in which Mr. Jefferson Davis was so actively engaged, I thought it possible that the Governor might be right; and after a time his Excellency shook me by the hand, and I left, much wondering within myself what manner of men they must be in the State of Mississippi when Mr. Pettus is their chosen Governor; and yet, after all, he is honest and fierce; and perhaps he is so far qualified as well as any other man to be Governor of the State. There are newspapers, electric telegraphs, and railways; there are many educated families, even much good society, I am told, in the State; but the larger masses of the people struck me as being in a condition not much elevated from that of the original backwoodsman. On my return to the Doctor's house I found some letters which had been forwarded to me from New Orleans had gone astray, and I was obliged, therefore, to make arrangements for my departure on the following evening.

SOURCE: William Howard Russell, My Diary North and South, p. 295-300

Friday, July 17, 2015

Francis Lieber to Senator Charles Sumner, February 12, 1864

February, 12, 1864.

Yes, my dear Sumner, that vote of which you write me — namely, thirty-one out of thirty-nine for your death-blow to slavery — is wonderful. It amazes and rejoices me. Still, I say we want four, perhaps five, amendments; we want them not by way of theoretic perfection or publicistic symmetry, but for plain common-sense adjustment of the Constitution to the state of things, and by the great behest of history.  . . . You know I am not given to extravagance; on the contrary, I consider the constant tendency of over-doing and over-saying things one of our most developed and least manly characteristics; nevertheless I boldly state that, calmly reflecting and keenly remembering the whole course of human affairs, I cannot bring to my mind any change of opinion, conviction, and feeling, as by an afflatus, equal to the change that has been wrought in the American mind concerning slavery within the last one year. I stand amazed. I, for one, would never have dared to believe it possible that but yesterday a Taney could give his opinion boldly and an Abolitionist was treated like a leprous thing, and that to-day a Winter Davis can declare in Congress that the Constitution of the United States never acknowledged man as property. I rub my eyes, and say, “Where are we?” . . .

SOURCE: Thomas Sergeant Perry, Editor, The Life and Letters of Francis Lieber, p. 341

Sunday, December 7, 2014

Wilder Dwight to William Dwight, March 4, 1861

Washington, March 4, 1861.

Dear Father, — This morning broke badly, but at noon the sky cleared. I remained quietly at Willard's, and was present when Mr. Buchanan came to receive the President elect, and saw the interview, which was a formal one; then I saw Lincoln and Buchanan take their carriage, and the whole procession pass. I then took a carriage, and, by back streets, reached the Capitol grounds, and got a good place. Soon Lincoln and Judge Taney, followed by Buchanan and the other judges, etc., appeared. The band played Hail Columbia. The crowd was immense. The Capitol steps were covered with uniforms, etc. Baker, of Oregon, of the Committee of Arrangements, announced that Mr. Lincoln would speak; and when Abraham rose and came forward and rang out the words, “Fellow-citizens of the United States,” he loomed and grew, and was ugly no longer. I was not very near, but heard him perfectly. The address you will read, and like, I hope. Its effect was very good. An immense concourse — thousands — stood uncovered and silent, except occasional applause; the voice clear and ringing; the manner very good, often impressive, and even solemn; the words I think to the point, direct, and clear. The scene itself was of its own kind. And I must say its effect upon me was far greater than I had supposed. When the address closed, and the cheering subsided, Taney rose, and, almost as tall as Lincoln, he administered the oath, Lincoln repeating it; and as the words, “preserve, protect, and defend the Constitution” came ringing out, he bent and kissed the book; and for one, I breathed freer and gladder s than for months. The man looked a man, and acted a man and a President. So much for inauguration.

SOURCE: Elizabeth Amelia Dwight, Editor, Life and Letters of Wilder Dwight: Lieut.-Col. Second Mass. Inf. Vols., p. 33-4

Thursday, March 15, 2012

Abraham Lincoln's "House Divided" Speech

SPEECH IN ACCEPTANCE OF NOMINATION AS UNITED STATES SENATOR, MADE AT THE CLOSE OF THE REPUBLICAN STATE CONVENTION, SPRINGFIELD, ILL., JUNE 16, 1858.

Mr. President and Gentlemen of the Convention: If we could first know where we are, and whither we are tending, we could better judge what to do, and how to do it. We are now far into the fifth year since a policy was initiated with the avowed object and confident promise of putting an end to slavery agitation. Under the operation of that policy, that agitation has not only not ceased, but has constantly augmented. In my opinion, it will not cease until a crisis shall have been reached and passed. "A house divided against itself cannot stand." I believe this government cannot endure permanently half slave and half free. I do not expect the Union to be dissolved — I do not expect the house to fall — but I do expect it will cease to be divided. It will become all one thing, or all the other. Either the opponents of slavery will arrest the further spread of it, and place it where the public mind shall rest in the belief that it is in the course of ultimate extinction; or its advocates will push it forward till it shall become alike lawful in all the States, old as well as new, North as well as South.

Have we no tendency to the latter condition?

Let any one who doubts carefully contemplate that now almost complete legal combination —  piece of machinery, so to speak — compounded of the Nebraska doctrine and the Dred Scott decision. Let him consider not only what work the machinery is adapted to do, and how well adapted; but also let him study the history of its construction, and trace, if he can, or rather fail, if he can, to trace the evidences of design and concert of action among its chief architects, from the beginning.

The new year of 1854 found slavery excluded from more than half the States by State constitutions, and from most of the national territory by congressional prohibition. Four days later commenced the struggle which ended in repealing that congressional prohibition. This opened all the national territory to slavery, and was the first point gained.

But, so far, Congress only had acted; and an indorsement [sic] by the people, real or apparent, was indispensable to save the point already gained and give chance for more.

This necessity had not been overlooked, but had been provided for, as well as might be, in the notable argument of "squatter sovereignty," otherwise called "sacred right of self-government," which latter phrase, though expressive of the only rightful basis of any government, was so perverted in this attempted use of it as to amount to just this: That if any one man choose to enslave another, no third man shall be allowed to object. That argument was incorporated into the Nebraska bill itself, in the language which follows: "It being the true intent and meaning of this act not to legislate slavery into any Territory or State, nor to exclude it therefrom; but to leave the people thereof perfectly free to form and regulate their domestic institutions in their own way, subject only to the Constitution of the United States."  Then opened the roar of loose declamation in favor of "squatter sovereignty" and "sacred right of self-government." "But," said opposition members, "let us amend the bill so as to expressly declare that the people of the Territory may exclude slavery." "Not we," said the friends of the measure; and down they voted the amendment.

While the Nebraska bill was passing through Congress, a law case involving the question of a negro's freedom, by reason of his owner having voluntarily taken him first into a free State and then into a Territory covered by the congressional prohibition, and held him as a slave for a long time in each, was passing through the United States Circuit Court for the District of Missouri; and both Nebraska bill and lawsuit were brought to a decision in the same month of May, 1854. The negro's name was Dred Scott, which name now designates the decision finally made in the case. Before the then next presidential election, the law case came to and was argued in the Supreme Court of the United States; but the decision of it was deferred until after the election. Still, before the election, Senator Trumbull, on the floor of the Senate, requested the leading advocate of the Nebraska bill to state his opinion whether the people of a Territory can constitutionally exclude slavery from their limits; and the latter answered: "That is a question for the Supreme Court."

The election came. Mr. Buchanan was elected, and the indorsement, such as it was, secured. That was the second point gained. The indorsement, however, fell short of a clear popular majority by nearly four hundred thousand votes, and so, perhaps, was not overwhelmingly reliable and satisfactory. The outgoing President, in his last annual message, as impressively as possible echoed back upon the people the weight and authority of the indorsement. The Supreme Court met again; did not announce their decision, but ordered a reargument. The presidential inauguration came, and still no decision of the court; but the incoming President in his inaugural address fervently exhorted the people to abide by the forthcoming decision, whatever it might be. Then, in a few days, came the decision.

The reputed author of the Nebraska bill finds an early occasion to make a speech at this capital indorsing the Dred Scott decision, and vehemently denouncing all opposition to it. The new President, too, seizes the early occasion of the Silliman letter to indorse and strongly construe that decision, and to express his astonishment that any different view had ever been entertained!

At length a squabble springs up between the President and the author of the Nebraska bill, on the mere question of fact, whether the Lecompton constitution was or was not, in any just sense, made by the people of Kansas; and in that quarrel the latter declares that all he wants is a fair vote for the people, and that he cares not whether slavery be voted down or voted up. I do not understand his declaration that he cares not whether slavery be voted down or voted up to be intended by him other than as an apt definition of the policy he would impress upon the public mind — the principle for which he declares he has suffered so much, and is ready to suffer to the end. And well may he cling to that principle. If he has any parental feeling, well may he cling to it. That principle is the only shred left of his original Nebraska doctrine. Under the Dred Scott decision "squatter sovereignty" squatted out of existence, tumbled down like temporary scaffolding, — like the mold at the foundry, served through one blast and fell back into loose sand,—helped to carry an election, and then was kicked to the winds. His late joint struggle with the Republicans against the Lecompton constitution involves nothing of the original Nebraska doctrine. That struggle was made on a point — the right of a people to make their own constitution — upon which he and the Republicans have never differed.

The several points of the Dred Scott decision, in connection with Senator Douglas's "care not" policy, constitute the piece of machinery in its present state of advancement. This was the third point gained. The working points of that machinery are:

(1) That no negro slave, imported as such from Africa, and no descendant of such slave, can ever be a citizen of any State, in the sense of that term as used in the Constitution of the United States. This point is made in order to deprive the negro in every possible event of the benefit of that provision of the United States Constitution which declares that "the citizens of each State shall be entitled to all the privileges and immunities of citizens in the several States."

(2) That, "subject to the Constitution of the United States," neither Congress nor a territorial legislature can exclude slavery from any United States Territory. This point is made in order that individual men may fill up the Territories with slaves, without danger of losing them as property, and thus enhance the chances of permanency to the institution through all the future.

(3) That whether the holding a negro in actual slavery in a free State makes him free as against the holder, the United States courts will not decide, but will leave to be decided by the courts of any slave State the negro may be forced into by the master. This point is made not to be pressed immediately, but, if acquiesced in for a while, and apparently indorsed by the people at an election, then to sustain the logical conclusion that what Dred Scott's master might lawfully do with Dred Scott in the free State of Illinois, every other master may lawfully do with any other one or one thousand slaves in Illinois or in any other free State.

Auxiliary to all this, and working hand in hand with it, the Nebraska doctrine, or what is left of it, is to educate and mold public opinion, at least Northern public opinion, not to care whether slavery is voted down or voted up. This shows exactly where we now are, and partially, also, whither we are tending.

It will throw additional light on the latter, to go back and run the mind over the string of historical facts already stated. Several things will now appear less dark and mysterious than they did when they were transpiring. The people were to be left "perfectly free," "subject only to the Constitution." What the Constitution had to do with it outsiders could not then see. Plainly enough now, it was an exactly fitted niche for the Dred Scott decision to afterward come in, and declare the perfect freedom of the people to be just no freedom at all. Why was the amendment expressly declaring the right of the people voted down? Plainly enough now, the adoption of it would have spoiled the niche for the Dred Scott decision.  Why was the court decision held up? Why even a senator's individual opinion withheld till after the presidential election? Plainly enough now, the speaking out then would have damaged the "perfectly free" argument upon which the election was to be carried. Why the outgoing President's felicitation on the indorsement? Why the delay of a reargument? Why the incoming President's advance exhortation in favor of the decision? These things look like the cautious patting and petting of a spirited horse preparatory to mounting him, when it is dreaded that he may give the rider a fall. And why the hasty after-indorsement of the decision by the President and others?

We cannot absolutely know that all these exact adaptations are the result of preconeert. But when we see a lot of framed timbers, different portions of which we know have been gotten out at different times and places and by different workmen, — Stephen, Franklin, Roger, and James, for instance, — and we see these timbers joined together, and see they exactly make the frame of a house or a mill, all the tenons and mortises exactly fitting, and all the lengths and proportions of the different pieces exactly adapted to their respective places, and not a piece too many or too few, not omitting even scaffolding — or, if a single piece be lacking, we see the place in the frame exactly fitted and prepared yet to bring such piece in—in such a case we find it impossible not to believe that Stephen and Franklin and Roger and James all understood one another from the beginning, and all worked upon a common plan or draft drawn up before the first blow was struck.

It should not be overlooked that, by the Nebraska bill, the people of a State as well as Territory were to be left "perfectly free," "subject only to the Constitution."  Why mention a State? They were legislating for Territories, and not for or about States. Certainly the people of a State are and ought to be subject to the Constitution of the United States; but why is mention of this lugged into this merely territorial law?  Why are the people of a Territory and the people of a State therein lumped together, and their relation to the Constitution therein treated as being precisely the same?  While the opinion of the court, by Chief Justice Taney, in the Dred Scott case, and the separate opinions of all the concurring judges, expressly declare that the Constitution of the United States neither permits Congress nor a territorial legislature to exclude slavery from any United States Territory, they all omit to declare whether or not the same Constitution permits a State, or the people of a State, to exclude it. Possibly, this is a mere omission; but who can be quite sure, if McLean or Curtis had sought to get into the opinion a declaration of unlimited power in the people of a State to exclude slavery from their limits, just as Chase and Mace sought to get such declaration, in behalf of the people of a Territory, into the Nebraska bill — I ask, who can be quite sure that it would not have been voted down in the one case as it had been in the other ? The nearest approach to the point of declaring the power of a State over slavery is made by Judge Nelson. He approaches it more than once, using the precise idea, and almost the language too, of the Nebraska act. On one occasion his exact language is: "Except in cases where the power is restrained by the Constitution of the United States, the law of the State is supreme over the subject of slavery within its jurisdiction." In what cases the power of the States is so restrained by the United States Constitution is left an open question, precisely as the same question as to the restraint on the power of the Territories was left open in the Nebraska act. Put this and that together, and we have another nice little niche, which we may, ere long, see filled with another Supreme Court decision declaring that the Constitution of the United States does not permit a State to exclude slavery from its limits. And this may especially be expected if the doctrine of "care not whether slavery be voted down or voted up" shall gain upon the public mind sufficiently to give promise that such a decision can be maintained when made.

Such a decision is all that slavery now lacks of being alike lawful in all the States. Welcome, or unwelcome, such decision is probably coming, and will soon be upon us, unless the power of the present political dynasty shall be met and overthrown. We shall lie down pleasantly dreaming that the people of Missouri are on the verge of making their State free, and we shall awake to the reality instead that the Supreme Court has made Illinois a slave State. To meet and overthrow the power of that dynasty is the work now before all those who would prevent that consummation. That is what we have to do.  How can we best do it?

There are those who denounce us openly to their own friends, and yet whisper us softly that Senator Douglas is the aptest instrument there is with which to effect that object. They wish us to infer all this from the fact that he now has a little quarrel with the present head of the dynasty; and that he has regularly voted with us on a single point upon which he and we have never differed. They remind us that he is a great man, and that the largest of us are very small ones. Let this be granted.  But "a living dog is better than a dead lion." Judge Douglas, if not a dead lion for this work, is at least a caged and toothless one. How can he oppose the advances of slavery? He don't care anything about it. His avowed mission is impressing the "public heart" to care nothing about it. A leading Douglas Democratic newspaper thinks Douglas's superior talent will be needed to resist the revival of the African slave-trade. Does Douglas believe an effort to revive that trade is approaching?  He has not said so. Does he really think so?  But if it is, how can he resist it?  For years he has labored to prove it a sacred right of white men to take negro slaves into the new Territories. Can he possibly show that it is less a sacred right to buy them where they can be bought cheapest?  And unquestionably they can be bought cheaper in Africa than in Virginia. He has done all in his power to reduce the whole question of slavery to one of a mere right of property; and as such, how can he oppose the foreign slave-trade ? How can he refuse that trade in that "property" shall be "perfectly free," unless he does it as a protection to the home production? And as the home producers will probably not ask the protection, he will be wholly without a ground of opposition.

Senator Douglas holds, we know, that a man may rightfully be wiser to-day than he was yesterday — that he may rightfully change when he finds himself wrong. But can we, for that reason, run ahead, and infer that he will make any particular change of which he, himself, has given no intimation? Can we safely base our action upon any such vague inference?  Now, as ever, I wish not to misrepresent Judge Douglas's position, question his motives, or do aught that can be personally offensive to him. Whenever, if ever, he and we can come together on principle so that our great cause may have assistance from his great ability, I hope to have interposed no adventitious obstacle. But clearly, he is not now with us — he does not pretend to be — he does not promise ever to be.

Our cause, then, must be intrusted [sic] to, and conducted by, its own undoubted friends — those whose hands are free, whose hearts are in the work, who do care for the result. Two years ago the Republicans of the nation mustered over thirteen hundred thousand strong. We did this under the single impulse of resistance to a common danger, with every external circumstance against us. Of strange, discordant, and even hostile elements, we gathered from the four winds, and formed and fought the battle through, under the constant hot fire of a disciplined, proud, and pampered enemy. Did we brave all then to falter now? — now, when that same enemy is wavering, dissevered, and belligerent? The result is not doubtful. We shall not fail — if we stand firm, we shall not fail. Wise counsels may accelerate or mistakes delay it, but sooner or later, the victory is sure to come.

SOURCE: Marion Mills Miller, Editor, Life and Works of Abraham Lincoln, Volume 3: Speeches and debates, 1856-1858, p. 35-46

Saturday, January 29, 2011

From Washington

WASHINGTON, Feb. 15.

The railroad operations of the War Department require that there should be a just and efficient system of railroad transport, that would secure to the Government energetic action with a fair tariff of charges.  The Secretary of War, believing that he may safely appeal to the practical experience of the officers of the railroad companies and their patriotic feelings for aid in devising such a system, invites the chief officers of the respective railroad companies of the loyal States to meet and confer with him on this subject at Washington on Thursday, the 20th day of February, 1862.  Hon. Erastus Corning and N. L. Wilson, now in this city are requested to act as a committee of arrangements.

Signed,

EDWIN M. STANTON.
Secretary of War.


Tribune Correspondence.

WASHINGTON, Feb. 16.

Senator Latham will to-morrow introduce a bill for the survey of a telegraph line from San Francisco to the northwest coast overland, via Behring’s Straights and Asiatic Russia to the mouth of the Amoor river as proposed by McDonald Collins.

The military committee asks for an appropriation of $100,000 and two small vessels, in order to make the preliminary survey.  The enterprise will be under the direction of the President, and other nations will be invited to participate in it.

A board of officers convened to investigate the quality of clothing furnished by contractors, have discovered that at least one third now on hand is entirely worthless.  The facts being reported to the Secretary of War he ordered that payments to the contractors be at once suspended.

Gen. Segwick [sic], a Brigadier-General in General Heintzleman’s division, has been assigned to the command of Gen. Stone’s division.


WASHINGTON, Feb. 17.

Chief justice Tanney [sic] this morning delivered the opinion in the case of Gordon, the slave trader, denying the motion made by Judge Dean for a writ of probation to prevent his execution, on the ground of a want of power in the Court to review proceedings in criminal cases to restrain the action of a ministerial officer.  The application was based on alleged irregularity in the New York Circuit Court.  Application will be made to the President in behalf of Gordon, on the same grounds.

– Published in The Davenport Daily Gazette, Davenport, Iowa, Tuesday Morning, February 18, 1862, p. 1

Tuesday, November 23, 2010

The Yankee Supreme Court

The Yankee Congress has passed a bill recasting the judicial districts which are presided over by different justices of the Supreme Court.  Among other districts, the following are coolly named: Delaware, Maryland, Virginia and North Carolina, Chief Justice Roger B. Taney; South Carolina Georgia, Florida, Alabama and Mississippi, Justice James M. Wayne; Louisiana, Texas, Arkansaw [sic], Kentucky and Tennessee, Justice John Catron.

Our old friend, - Judge W., is likely to have a leisure time of it. – Savannah Republican.

– Published in The Daily Rebel, Chattanooga, Tennessee, August 9, 1862, p 4